Arizona Laws 9-596. Scope of local authority
A. Subject to this article and applicable federal law, an authority may exercise zoning, land use, planning and permitting authority and the authority’s police power within the authority’s territorial boundaries, including for the installation, modification and replacement of wireless support structures and utility poles.
Terms Used In Arizona Laws 9-596
- Applicable codes: means uniform building, fire, electrical, plumbing or mechanical codes that are adopted by a recognized national code organization or local amendments to those codes that are enacted to address threats of destruction of property or injury to persons and to an extent that is not inconsistent with this article. See Arizona Laws 9-591
- Authority: means any city, town, special district or political subdivision of this state that is authorized to make legislative, quasi-judicial or administrative decisions concerning an application. See Arizona Laws 9-591
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Law: means any federal, state or local law, statute, common law, code, rule, regulation, order or ordinance. See Arizona Laws 9-591
- Monopole: means a wireless support structure that is not more than forty inches in diameter at the ground level and that has all of the wireless facilities mounted on the pole or contained inside of the pole. See Arizona Laws 9-591
- Small wireless facility: means a wireless facility that meets both of the following qualifications:
(a) All antennas are located inside an enclosure of not more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of the antenna's exposed elements could fit within an imaginary enclosure of not more than six cubic feet in volume. See Arizona Laws 9-591
- Utility pole: means a pole or similar structure that is used in whole or in part for communications services, electric distribution, lighting or traffic signals. See Arizona Laws 9-591
- Wireless provider: means a cable operator, wireless infrastructure provider or wireless services provider. See Arizona Laws 9-591
- Wireless services: means any services that are provided to the public and that use licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities. See Arizona Laws 9-591
B. An authority does not have any jurisdiction or authority over the design, engineering, construction, installation or operation of any small wireless facility located in an interior structure or on the site of any campus, stadium or athletic facility that is not owned or controlled by the authority, other than to require compliance with applicable codes.
C. This article does not authorize this state or any political subdivision of this state, including an authority, to require small wireless facility deployment or to regulate wireless services.
D. If an authority determines that a utility pole, monopole or wireless support structure of a wireless provider will be relocated to accommodate a public project, all wireless facilities deployed on such utility pole, monopole or wireless support structure shall be relocated at no cost to the authority.