A. Permit Required. Any person holding a license from the FCC to provide wireless services who desires to place any wireless service facility within the boundaries of the City must apply to the City for the appropriate wireless service facility permit.

B. Lease Required. In addition to the requirement of obtaining the appropriate wireless service facility permit, if all or a portion of the wireless service facility will be located upon a City-owned structure, or upon nonright-of-way property which is either City-owned or City-leased, the applicant shall be required to enter into a lease agreement with the City for the use of the City property.

C. Franchise Required. In addition to the requirement of obtaining the appropriate wireless communication facility permit, if all or a portion of the wireless communication facility will be located within the City’s right-of-way, the applicant shall be required to enter into a franchise agreement with the City for the use of the City’s right-of-way.

D. Nonconforming Structure or Use. Wireless service facilities existing before April 28, 1998, or those with permits issued by the City after April 28, 1998, but prior to the effective date of the ordinance codified in this title, which do not meet the requirements of this chapter shall be allowed to continue as they presently exist, but shall be considered nonconforming uses for the purposes of this title and subject to Chapter 18A.20 LMC, Article II, as applicable; provided, that any such wireless service facility may be modified through an eligible facility request pursuant to Article III of this chapter. [Ord. 726 § 2 (Exh. B), 2019.]