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(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 upon private properties or structures as a permitted use in accordance with PMC 15.110.020 subject to the following requirements:

(a) Each new, modified, or replaced pole, tower, or support structure installed shall not:

(i) Exceed five feet above the tallest existing structure, 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 the maximum height limitation as permitted in the zone, or zones, on which the facility is to be located.

(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 standards.

(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 permit, 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, 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 Chapter 15.100 PMC. An applicant seeking approval of a new pole or a replacement pole in a target 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) Site Development Requirements. The site, consistent with the zoning requirements of the district in which the facility shall be located, shall include:

(a) Default Setbacks.

(i) Ground-mounted equipment for wireless facilities, including any buildings, cabins or shelters, shall be used only to house equipment and other supplies in support of the operation of the wireless facility or tower. Any equipment not used in direct support of such operation shall not be stored on the site.

(ii) Ground-mounted equipment for wireless facilities must conform to the setback standards of the applicable zone. In the situation of stacked equipment buildings, additional screening/landscaping measures may be required by the City.

(b) Lighting and Marking.

(i) Towers shall not be lighted or marked unless required by, and compatible with requirements of, the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA).

(ii) In all districts, appropriate security lighting meeting generally applicable standards for security lighting for the district shall be permitted.

(c) Fencing/Landscaping/Signage.

(i) Fencing.

(A) Towers shall be secured and enclosed within a fence not less than six feet in height or as permitted within the zoning designation for the site.

(B) The City may waive the requirements of subsection (6)(c)(i)(A) of this section if it is deemed that a fence is not appropriate or needed at the proposed location.

(C) For locations where decorative fencing is otherwise required, the City may allow chain link fence if decorative fence poses a risk for security or vandalism.

(D) For towers located within a floodplain where the ground equipment will be elevated on platforms, the City may waive any decorative fencing requirements in favor of chain link.

(ii) Landscaping. In all zoning districts, the City shall have the authority to impose reasonable landscaping requirements surrounding any ground-mounted equipment. Required landscaping shall be consistent with surrounding vegetation and shall be maintained by the facility owner. The City may choose to not require landscaping for sites that are not visible from the public right-of-way or adjacent property or in instances where, in the judgment of the City, landscaping is not appropriate or necessary.

(iii) Signage. Signs located upon or about the wireless facility shall be limited to ownership and contact information, FCC antenna registration number (if required), and any other information as required by government regulation. Commercial advertising is strictly prohibited.

(iv) Other Decision Factors.

(A) Collocation analysis.

(B) Alternative site analysis. [Ord. 4465 § 1, 2019; Ord. 4416 § 1, 2019.]