Consistent with Municipal Code Section 15.53.030.C.3 and consistent with 47 U.S.C. Section 1455, a request for a modification of an existing wireless tower or base station for the collocation of new transmission equipment or removal or replacement of existing transmission equipment shall not require a Wireless Permit provided that such modification does not substantially change the physical dimensions of such tower or base station from the dimensions approved as part of the original discretionary permit for the tower or base station. However, any modification to a wireless tower or base station which substantially changes the physical dimensions of either the tower or base station, and any other modification to a wireless telecommunications facility that does not qualify as a wireless tower or base station (as defined in this section) shall obtain any required Wireless Permit. Notwithstanding the foregoing, any eligible facilities request must obtain any other required permit(s) (e.g., encroachment permit). Encroachment permits for any eligible facility shall not be issued unless the applicant provides all application materials required by the Director in addition to the information listed in Section 15.53.040 (“Wireless Permit Application Contents") Subsections 8 through 12 of Subsection A.
A. Application. Each request for an exemption submitted under this subsection (d) shall be accompanied by:
1. Application Form. A complete, duly executed Eligible Facilities Exemption Request application on the then-current form prepared by the Director.
2. Application Fee. The applicable Eligible Facilities Exemption Request application fee established by City Council resolution. Batched applications must include the applicable Eligible Facilities Exemption Request application fee for each wireless facility in the batch. City Council has not established a Wireless Permit application fee, then the applicant must submit a signed written statement that acknowledges that the applicant will be required to reimburse the City for its reasonable costs incurred in connection with the application within ten days after the City issues a written demand for reimbursement.
3. Description. A detailed description of the proposed modification to the existing facilities.
4. Visual Depictions. A photograph, description and as-built plans of the wireless tower and/or base station as originally constructed and a photo-simulation, description and construction drawings of the wireless tower and/or base station after modification, showing all relevant dimensions.
B. Encroachment Permits. Any encroachment permit issued for a facility determined to be an eligible facility under this section 15.53.110 will be subject to all conditions required by the Director. Additionally, such encroachment permit shall include all standard conditions for Wireless Permits (See Section 15.53.100):
1. all references in the standard conditions to Wireless Permits shall be deemed to be references to the encroachment permit
2. notwithstanding Section 15.53.100.A.5 (Build Out Period), the encroachment permit build-out period will automatically expire six months after the approval date unless the permittee commences construction within that period
3. notwithstanding subsection 15.53.100.A.13 (Permit Revocation), the encroachment permit may be revoked in accordance with the provisions of Municipal Code Section 15.070.090 (“Revocation”) except that all references to the conditional use permit shall be references to an encroachment permit.
(Ord. 3315 § 2 (part), 2022)