A. Permitted Areas. Subject to compliance with all applicable provisions of this chapter, small cell wireless facilities, pursuant to a Small Cells Attachment Permit, shall be permitted on the following types of areas:
1. Existing structures within the public right-of-way in all zoning districts; and
2. Existing structures located outside of the public right-of-way in any zone that includes a commercial or industrial use.
3. New structures within the public right-of-way in all zoning districts, or outside of the public right-of-way in any zone that includes a commercial or industrial use, subject to the requirements of this chapter.
B. Permitted Facilities. Subject to compliance with all applicable provisions of this chapter, the permitted facilities/structures on which small cell wireless facilities may be attached are as follows:
1. Public Right-of-Way. Small cell wireless facilities in the public right-of-way in all zoning districts shall be located in accordance with the following preferences. The preferred approaches for design and siting of new small cell wireless facilities in the public right-of-way are ranked as indicated in the following lists. When a lower ranked alternative is proposed, the applicant must include technical information demonstrating that a higher ranked option is not technically feasible in light of the provider's service objectives. Any claim of infeasibility shall be supported by substantial evidence to the satisfaction of the City Engineer or designee.
a. existing light poles
b. all other utility poles
c. existing utility cabinets
d. any other existing pole, or an existing structure in the public right-of-way that is not readily visible
e. a new pole of any kind.
2. Outside Public Right-of-Way. Small cell wireless facilities located outside of the public right-of-way in any zone that includes a commercial or industrial use shall be located in accordance with the following preferences. The preferred approaches for design and siting of new small cell wireless facilities outside the public right-of-way are ranked as indicated in the following list. When a lower ranked alternative is proposed, the applicant must include technical information demonstrating that a higher ranked option is not technically feasible in light of the provider's service objectives. Any claim of infeasibility shall be supported by substantial evidence to the satisfaction of the City Engineer or designee.
a. Building- or structure-mounted antennas that are not readily visible or are completely concealed from view because of integration into design of nonresidential buildings or structures erected and approved for use other than as wireless telecommunications support.
b. Building- or structure-mounted antennas set back from roof edge and not visible from the public right-of-way or from surrounding properties.
c. On existing communication towers, existing signal, light or similar kinds of permanent poles not supplying electric, telephone or similar service and not in the public right-of- way, or utility facilities not subject to the city's franchise agreements.
d. Nonbuilding- or structure-mounted alternative tower structures.
3. Residential Structures. Small cell wireless facilities located outside of the public right-of-way shall not be located on any residential structure without the prior issuance of a conditional use permit.
4. Schools. Small cell wireless facilities located outside of the public right-of-way shall not be located on any school building in which classroom facilities are located without the prior issuance of a conditional use permit.
C. Permitted Locations. Small cell wireless facilities in all zoning districts, whether located in the public right-of-way or elsewhere, shall be located in accordance with the following preferences. The preferred approaches for location of new small cell wireless facilities are ranked as indicated in the following lists. When a lower ranked alternative is proposed, the application must include technical information demonstrating that a higher ranked option is not technically feasible in light of the provider's service objectives. Any claim of infeasibility shall be supported by substantial evidence to the satisfaction of the City Engineer or designee.
1. In any nonresidential district and co-located with existing conforming facilities.
2. In any nonresidential district and located more than eight hundred (800) feet from any residential dwelling or school.
3. On nonresidential structures in residential districts and located more than eight hundred (800) feet from a residential dwelling or school.
4. In any nonresidential district and located less than eight hundred (800) feet from a residential dwelling or school.
5. On nonresidential structures in residential districts and located less than eight hundred (800) feet, but more than two hundred (200) feet, from a residential structure or school.
6. On nonresidential structures located less than two hundred (200) feet from a residential structure or school. A small cell wireless facility may only be located within two hundred (200) feet of a residential structure if no other location is feasible.
7. On nonresidential structures in residential districts and located less than two hundred (200) feet from a residential structure or school. A small cell wireless facility may only be located within two hundred (200) feet of a residential structure if no other location is feasible.
D. Co-locating with Existing Wireless Communication Facilities. Co-location of small cell wireless facilities with existing wireless communication facilities subject to design and colocation standards as set forth in this chapter.
E. Permits Required. Applicants shall obtain the following permits prior to installing, constructing, maintaining, operating, removing or performing work related to a small cell wireless facility:
1. Small Cell Attachment Permit. All small cell wireless facilities must obtain a Small Cell Attachment Permit for each small cell wireless facility by submitting an application and obtaining approval pursuant to the requirements of this chapter.
2. Encroachment Permit. An applicant seeking to install, construct, operate, or perform work related to small cell wireless facilities in the public right-of-way shall obtain a revocable encroachment permit prior to commencing work. Applications for a right-of-way encroachment permit shall be submitted to the Department of Public Works, after compliance with the application requirements identified in Section 17.77.060, below.
a. The obligations of an encroachment permit shall run until applicant applies for a demolition permit to quit and cease operation. The city retains the right to inspect said facilities to ensure all conditions of the permit are met. The encroachment permit obtained pursuant to this subsection shall continue unless otherwise revoked as provided for elsewhere in this Municipal Code. A performance review may be conducted annually consisting of annual inspections to assure the facility is properly maintained and operated. Applicant must provide the city with updated information including but not limited to changes in insurance and equipment to update the encroachment permit reflecting those changes.
3. Building Permit. An applicant seeking to install, construct, or perform work related to small cell wireless facilities located outside of the public right-of-way in any zone that includes a commercial or industrial use shall obtain a building permit after complying with the application and permitting requirements stated in this chapter.
4. Alternative Permits. An applicant unable to meet the requirements of a Small Cell Attachment Permit as set forth in this chapter, including but not limited to design review and stealth facility standards, shall be required to obtain a Conditional Use Permit in place of a Small Cell Attachment Permit. A Conditional Use Permit does not relieve the applicant of the obligation to obtain an encroachment permit or a building permit in accordance with the requirements of this section prior to commencing work.
F. Exempt Facilities. Small cell wireless facilities owned and operated by a governmental agency and utilized for governmental function are exempt from the permit requirements of this chapter, provided that they conform to the operational standards of Section 17.77.040 of this chapter. (Ord. 2019-03 § 7, 2019)