(1) Maximum Size of Permitted Use. Small wireless facilities and new, modified, or replacement poles, towers, and support structures (subject to the further limitation for replacement of support structure as defined in PMC 15.10.025) to be used for collocation of small wireless facilities may be placed in the public right-of-way as a permitted use in accordance with PMC 15.100.020 subject to the following requirements:
(a) Each new, modified, or replaced pole, tower, or support structure installed in the public right-of-way shall not:
(i) Exceed five feet above the tallest existing pole, tower, or support structure (not exceeding 50 feet) as of the effective date of this chapter, and located within 500 feet of the new proposed pole, tower, or support structure.
(ii) Exceed 10 feet above any utility distribution pole where required by the electrical utility separation requirements.
(iii) Exceed 50 feet above ground level, whichever is greater.
(iv) Be closer than 300 feet from an existing communications facility within any residential zone, target area, or location where, due to the nature and character of the neighborhood, such saturation would be incompatible with nearby land uses; impact traffic safety and other uses of the right-of-way; and be unreasonably burdensome to the applicant.
(2) Minor Deviations.
(a) The Director may authorize minor deviations in the small cell permit from the dimensional design and concealment technologies referenced in the franchise or design standard.
(b) A deviation in height of the pole up to 10 feet above the height of the existing pole may be permitted.
(c) Deviations in the dimensions or volume of small cell facilities which do not exceed the cumulative total provided by the definition of a small cell facility in RCW 80.36.375 may be considered a minor deviation when an applicant replaces components of an existing, approved small cell facility. Similarly, the addition of antennas on a pole, not to exceed a cumulative total of six cubic feet, shall be considered a minor deviation. Provided, however, that in each instance the new or revised facilities shall not defeat the concealment features set by the City’s generally applicable pole design standard adopted pursuant to the franchise.
(d) Small cell permit applications seeking to install facilities with the approval of minor deviations shall be processed within 90 days of receipt of a complete application or final approval of a franchise, whichever occurs last.
(e) The decision of the Director to approve a small cell permit with a minor deviation, if any, shall be final.
(3) Significant Deviations. Any request for significant deviations from the approved small cell facilities design designated in the franchise, small cell permit or City’s design standards shall be considered under the provisions of Chapter 25.200 PMC, Special Permits, and, if applicable, pursuant to the timelines established by this chapter. An applicant seeking approval of a new pole or a replacement pole in a restricted zone or undergrounded areas shall be subject to the same review process pursuant to Chapter 25.200 PMC.
(4) Subject to the City’s rights to additional ducts or conduits provided by RCW 35.99.070, leasing of excess space in ducts, conduits, and on a pole is a matter between interested parties (subject to any applicable pole attachment regulations and any other applicable statutory, regulatory or contractual obligations); however, lessees of such physical facilities must still comply with the terms of this chapter, unless otherwise expressly exempted by the City.
(5) Discretionary Review Requirements. Unless an applicant seeks to install a communication facility that conforms to the specific uses, size, height, and separation limitations as set forth above, or involves ordinary maintenance, repairs and replacement, the application shall be subject to the provisions of Chapter 25.200 PMC, Special Permits, and subject to the City’s design standards and regulations applicable to the construction or placement of such facilities.
(6) Additional Right-of-Way Franchise Standards. In addition to the standards provided in this chapter, any permit issued under this chapter shall be subject to the requirements of Chapter 15.70 PMC.
(7) Limitations on Location. No small wireless facility may be located upon any traffic control device, traffic signal poles, poles supporting traffic or pedestrian flashers, beacons or signs, or any wireless facility which would impede the visibility of a traffic control device or create a hazard to other users of the right-of-way.