17.65.055 Minor facilities; minor conditional use permit.

   (A)   The following types of telecommunications facilities that are not otherwise exempt under § 17.65.040 or subject to § 17.65.050 shall require the approval of a minor conditional use permit, which shall be reviewed and may be approved by the Board of Zoning Adjustment:

      (1)   Telecommunications facilities which are proposed to be located on a support structure within the public right-of-way.

      (2)   Telecommunications facilities which satisfy all of the following conditions:

         (a)   The telecommunication facility is incorporated as an integral part of:

            1.   An existing or permitted support structure or tower; or

            2.   A new support structure or tower which does not exceed the height restrictions of the underlying zone:

         (b)   The support structure or tower into which the telecommunications facility is incorporated:

            1.   Serves a primary purpose other than the provision of telecommunications services; or

            2.   Is designed to be indistinguishable from the surrounding environment;

         (c)   The negative visual and aesthetic impact of the telecommunications facility and, if applicable, the new support structure or tower is minimal;

      (3)   Telecommunications facilities within a commercial or industrial zone which satisfy either of the following:

         (a)   The telecommunication facility is mounted on the roof of a building which is at least 40 feet tall, does not extend 15 feet above the ridge line of the roof and is not visible from grade level at a distance from the building equal to the height of the building; or

         (b)   The telecommunication facility is flush mounted on an existing facade of a support structure, does not extend above the height of the facade, extends a maximum of 18 inches from the facade and is designed to blend with the existing structure through use of color and/or texture.

   (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 Board of Zoning Adjustment shall review and make a determination on applications filed under this section in accordance with the following:

      (1)   The procedures set forth in § 17.92.020.

      (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 § 17.65.090.

   (E)   Any applicant or aggrieved person may appeal any determination made under this section pursuant to § 17.98.210.

   (F)   Any approval granted under this section shall be enforced in accordance with and subject to the restrictions set forth in §§ 17.98.200, 17.98.220 and 17.98.230 and 17.98.240.

(Ord. 3200 § 3 (part), 2015; Ord. 3195 § 2 (part), 2015; Ord. 2891 § 1 (part), 2007.)