(A) For purposes of this section, a telecommunications facility is existing if it has been approved pursuant to the requirements of this chapter and shall include legal nonconforming telecommunications facilities. A base station is existing only if it has been approved pursuant to the requirements of this chapter and already supports or houses transmission equipment.
(B) For purposes of this section, a modification to an existing telecommunications facility consists of the collocation, addition, removal or replacement of new transmission equipment. A modification may include structural enhancement of the tower or support structure so long as it is performed in connection with the collocation, addition, removal or replacement of new transmission equipment.
(C) For purposes of this section, a modification to an existing telecommunications facility would substantially change the physical dimensions of the existing telecommunications facility if, individually or cumulatively, in comparison to the initial approval of the telecommunications facility or the most recent modification approved prior to February 22, 2012, the modification would:
(1) For towers other than towers located in the public right-of-way, increase the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater;
(2) For towers located in the public right-of-way or any base station, increase the height of the tower or base station by more than 10% or ten feet, whichever is greater;
(3) For towers other than towers located in the public right-of-way, add an appurtenance that protrudes from the edge of the tower more than 20 feet, or more than the width of the existing tower at the level of the added appurtenance, whichever is greater;
(4) For towers located in the public right-of-way or any base station, add an appurtenance that protrudes from the edge of the tower or base station more than six feet;
(5) Involve the installation of more than the standard number of new equipment cabinets, not to exceed four cabinets;
(6) Involve the excavation or deployment outside the current site of the tower or base station;
(7) Defeat the concealment or stealth elements of the tower or base station as determined by the Zoning Administrator; or
(8) Not comply with the conditions of approval imposed in connection with the initial approval of the existing telecommunications facility or in connection with the most recent modification approved prior to February 22, 2012, except conditions pertaining to height, width, number of cabinets or new excavation subject to the limitations set forth in divisions (C)(1) through (C)(6) of this section.
(D) Modifications to an existing telecommunications facility, including a base station, shall be reviewed and approved by the Zoning Administrator provided that the modification does not substantially change the physical dimensions of the existing telecommunications facility.
(E) Modifications to an existing telecommunications facility, including a base station, which would substantially change the physical dimensions of the existing telecommunications facility shall require the approval of a minor conditional use permit pursuant to § 17.65.055, or a major conditional use permit pursuant to § 17.65.060, or a modification to a conditional use permit approved for the existing telecommunications facility, as applicable.
(F) Applications for modifications to existing telecommunications facilities made under this section shall be made on the form and in the manner set forth in § 17.65.070, provided that the documentation required to be provided with such application shall be limited to that which is reasonably necessary for the Zoning Administrator to make a determination whether the modification would substantially change the physical dimensions of the existing telecommunications facility.
(G) 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.
(H) The Zoning Administrator shall review and make a determination on applications filed under this section within 60 days of the date the application is received in accordance with the following:
(2) Any applicable standards, conditions and restrictions set forth in this section, including, without limitation, whether the modification would substantially change the physical dimensions of the existing telecommunications facility;
(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.
(I) If the Zoning Administrator determines that the modification would not substantially change the physical dimensions of the existing telecommunications facility and otherwise satisfies the standards, conditions and restrictions set forth in this section, the application shall be approved.
(J) If the Zoning Administrator determines that the modification would substantially change the physical dimensions of the existing telecommunications facility or does not otherwise satisfy the standards, conditions and restrictions set forth in this section, the application shall be denied.
(K) Any applicant or aggrieved person may appeal any determination made under this section pursuant to § 17.99.110.
(Ord. 3200 § 3 (part), 2015; Ord. 3195 § 2 (part), 2015.)