Sec. 13-225.  Purpose.

It is the purpose of this article:


(a)          To set forth policies and procedures applicable to small wireless facilities located within the city’s public rights-of-way;


(b)          To regulate the placement and use of small wireless facilities in a manner which both promotes the rapid deployment of small wireless facilities and preserves the aesthetic character of the community by, among other things, (i) encouraging the placement of small wireless facilities in a manner which minimizes potential effects on the community; (ii) minimizing the visual and physical impact of small wireless facilities to the extent permitted by state and federal law; and (iii) promoting the efficient modification and upgrade of existing wireless facilities to accommodate evolving technologies and increasing demand;


(c)          To minimize the visual impact of wireless facilities on the community, particularly in and near the downtown area, residential zones, and in historic districts;


(d)          To preserve the opportunity for continued and growing service from the wireless industry;


(e)          To accommodate the growing consumer need and demand for wireless services;


(f)           To establish clear guidelines, standards and an orderly process intended to facilitate the deployment of wireless equipment, and to provide advanced services to the city, its residents, businesses and the community at large; and


(g)          To comport with the Small Wireless Facilities Deployment Act, Nebraska Revised Statutes, Sections 86-1201 to 86-1244 (the “Act”), and comply with FCC Orders and Federal laws, rules and regulations regarding small wireless facilities.


  It is not the purpose of this article to, and its provisions shall not be interpreted or applied in a manner which would, (a) prohibit or effectively prohibit the provision of wireless services; (b) unreasonably discriminate among functionally equivalent wireless  services providers, or (c) regulate wireless facilities on the basis of the environmental effects of radio frequency emissions to the extent that such emissions comply with the standards established by the Federal Communications Commission.


Source:  Ord. No. 5678, § 1, 09-08-2020;