17.65.050 Minor telecommunications facilities; zoning administrator approval.
   (A)   The Zoning Administrator shall review and may approve applications for the following types of telecommunications facilities that are not otherwise exempt under § 17.65.040:
      (1)   Amateur radio facilities, whether freestanding or attached to a structure;
      (2)   Small cell sites, subject to the following location and design criteria:
         (a)   The small cell site shall be designed and installed in as stealth a manner as possible, as determined by the Zoning Administrator, given it’s placement on street lights of utility poles in the public right-of-way and in light of industry standards and available screening technologies for the particular transmission or other equipment in question.The stealth nature of the equipment shall, to the extent reasonably feasible, preserve the character of the neighborhood and reduce the visual impact of the small cell site and the safety risks associated with the location or manner of installation. The size of each antenna associated with the deployment of a small cell site shall not exceed three cubic feet, excluding cable, conduit, or associated antenna equipment.
         (b)   Radios, radio equipment cabinets, and ground mounted power pedestals shall be placed below ground where physically or technically feasible.
         (c)   Pole mounted radios and/or radio equipment cabinets shall be long and narrow and shall be mounted at least ten feet above grade.
         (d)   All pole or ground mounted radios, radio equipment cabinets, power pedestals and any other equipment associated with the small cell site, excluding the antennas, but including equipment associated with the antennas, shall not exceed a total of 28 cubic feet.
         (e)   The Zoning Administrator shall always consider city-owned property as the highest priority for the location of small cell sites.
         (f)   Placement of a small cell site on real and/or personal property that is not owned by the owner or operator of the small cell site or within the public right-of-way requires the written authorization of the property owner. For city-owned property, the Zoning Administrator shall determine the relevant city department to provide such written authorization. For city-owned property, the owner/operator of the small cell site will be required to enter into a city approved license agreement.
         (g)   Power shall be supplied from the nearest point of connection via a below ground mounted street light box and conduit where physically feasible.
         (h)   Conduit shall be used; where conduit is not available, the cabling shall be placed tight against the pole and covered with a shroud.
         (i)   Brackets or cross-arms (extension) shall not extend from the pole more than three feet (except when necessary to comply with health or safety regulations) provided that no part of the small cell site shall unreasonably interfere with or unreasonably impede the flow of pedestrian or vehicular traffic, including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, the use of poles, posts, traffic signs or signals, hydrants, mailboxes, permitted sidewalk dining, permitted street furniture and/or other objects permitted at or near the location where the small cell site is located.
         (j)   All equipment cabinets, pedestals, brackets, cables, risers, PVC, shrouds, etc., shall be painted to match the utility pole or light standard.
         (k)   A utility pole or light standard may have small cell site transmission equipment owned or operated by no more than one telecommunications carrier.
         (l)   Small cell sites shall have a minimum separation of 720 feet from another small cell site unless it can be demonstrated that a lesser distance is necessary to increase capacity or provide wireless service.
         (m)   Small cell cites shall be located in the following manner:
            1.   Small cell sites shall be prohibited along the front and side yards of any schools.
            2.   Small cell sites shall be installed at a height that does not exceed 35 feet.
         (n)   Antennas placed on utility poles or light standards shall be cylindrical in shape and painted to match that of the utility pole or light standard. Microwave antennas or dishes shall not be placed on utility poles or light standards as part of a small cell site.
         (o)   The radio equipment cabinet and power pedestal shall have a placard identifying the carrier name, site identification number and emergency contact information. This placard shall be updated within 30 days of any change in the ownership or responsibility for the small cell site.
         (p)   Ancillary equipment, GPS, etc., shall be minimized and integrated into the radio equipment cabinet.
         (q)   Small cell sites shall not conflict or interfere with any other existing telecommunications facility or any communications systems or infrastructure operated by the city.
         (r)   Small cell sites shall be installed, aligned and maintained so as to ensure that FCC’s Limits for General Population/Uncontrolled Exposure Maximum Permissible Exposure for radio frequencies, as set forth in 47 C.F.R. § 1.1310, as currently written or as may be amended or superseded, are not exceeded. For small cell sites installed on city-owned poles or light standards, the city may require that power to the small cell site be disabled during any period of time that maintenance or repair work is performed on the city-owned pole or light standard.
      (3)   Temporary telecommunications facilities intended to provide telecommunications service for a one-time period, not to exceed 90 days, and conditioned with start and removal dates;
      (4)   Receive-only satellite antennas not exempt under § 17.65.040. The following conditions shall be imposed on approval of an application under this division to preserve the character of the neighborhood by reducing the visual impact of large satellite antennas and to reduce safety risks due to the location or manner of installation:
         (a)   If the satellite antenna is installed on the roof:
            1.   The satellite antenna shall not be in excess of one meter (3.65 feet) in diameter if located within a residential zone;
            2.   The satellite antenna shall not be in excess of 12 feet in diameter in any nonresidential zone;
            3.   The satellite antenna shall not extend above the peak of the roof and shall not be visible from the public right-of-way;
            4.   The satellite antenna shall be screened from ground view by a parapet or similar type of screening approved by the Community Development Director;
         (b)   If the satellite antenna is not installed on the roof:
            1.   The satellite antenna shall be located in the rear or side yard not less than five feet from the rear or side lot line, and not closer to the front or street side of a lot or building site than the primary building or structure;
            2.   The foundation of the satellite antenna shall not be elevated more than one foot above grade and shall be securely affixed to the ground installation structure;
            3.   Screening shall be installed around the lower two-thirds or six feet of the installation, whichever is less. Screening shall consist of a fence, wall, mature landscaping or other material as approved by the Community Development Director;
            4.   The height of the satellite antenna and any supporting equipment or structure shall not exceed two-thirds of the height of the primary building located on the lot or building site;
         (c)   The satellite antenna shall be adequately grounded to prevent against a direct strike of lightning;
         (d)   The satellite antenna and any supporting equipment or structure shall be constructed of materials not unreasonably bright, shiny or reflective and shall blend with the surrounding area;
         (e)   The overall type of satellite antenna, any supporting equipment or structure, and manner and method of installation, shall be compatible with surrounding land uses;
      (5)   Receive-only antennas not exempt under § 17.65.040.
   (B)   Applications for telecommunications facilities made under this section shall be made on the form and in the manner set forth in § 17.65.070.
   (C)   When an application is filed under this section, a fee established by resolution of the City Council shall be paid for the purpose of defraying the costs incidental to review of the application.
   (D)   The Zoning Administrator shall review and make a determination on applications filed under this section in accordance with the following:
      (1)   The procedures set forth in §§ 17.99.080 through 17.99.090, except that applications filed under this § 17.65.050 shall be considered and acted upon in accordance with the applicable time limits established by the Federal Communications Commission;
      (2)   Any applicable standards, conditions and restrictions set forth in this section;
      (3)   Any location, development and design guidelines and standards set forth in a separate resolution adopted by the Planning and Housing Commission pursuant to § 17.99.090.
   (E)   Any applicant or aggrieved person may appeal any determination made under this section pursuant to § 17.99.110.
   (F)   Any approval granted under this section shall be enforced in accordance with and subject to the restrictions set forth in §§ 17.99.100, 17.99.120 and 17.99.130.
(`78 Code, § 17.65.050.) (Ord. 3304 §§ 4, 5, 2019;Ord. 3277 § 3, 2018; Ord. 3254 § 5, 2017; Ord. 3200 § 3 (part), 2015; Ord. 3195 § 2 (part), 2015; Ord. 2891 § 1 (part), 2007; Ord. 2432 § 5 (part), 1999.)