In order to accommodate the communication need of residents and businesses while protecting the public, health, safety, and general welfare of the community, the city council finds that these regulations are necessary to:

A.

Provide for the managed development and installation, maintenance modification, and removal of wireless facilities infrastructure in the city with the fewest number of wireless facilities to complete a network without unreasonably discriminating against wireless communications providers of functionally equivalent services, including all of those who install, maintain, operate, and remove wireless facilities;

B.

Promote and protect the public health, safety, and welfare by reducing the visibility of wireless facilities to the fullest extent possible through techniques including but not limited to camouflage design techniques and undergrounding of the equipment associated with wireless facilities;

C.

Encourage the deployment of smaller, less intrusive wireless facilities to supplement existing larger wireless facilities;

D.

Encourage design and locations standards so that facilities have a negligible impact to the community;

E.

Encourage the location of towers in non-residential areas in a manner that minimizes the total number of towers needed throughout the community;

F.

Encourage the collocation of wireless facilities on new and existing sites;

G.

Enhance the ability of wireless communications service providers to provide such services to the community quickly, effectively and efficiently;

H.

Effectively manage wireless facilities in the right-of-way; and

I.

Manage amateur radio facilities and over-the-air devices in the city.

(Ord. No. 1763-2018, § 4, 10-2-2018)

The following definitions shall apply to this chapter:

Accessory equipment means any equipment serving or being used in conjunction with a wireless facility, including utility or transmission equipment, power supplies, generators, batteries cables, equipment buildings, cabinets and storage shelters or other structures.

Alternative tower structure means an existing or proposed wireless facility that is compatible with the natural setting and surrounding structures and that uses camouflage and concealment design techniques to significantly reduce the visual impacts of such facilities and can be used to house or mount antenna. Examples include manmade trees, clock towers, bell steeples, light poles, traffic signals, existing utility poles and transmission towers.

Antenna means an exterior transmitting or receiving device used in communications that radiates or captures wireless signals.

Base station means a structure or equipment at a fixed location that enables Federal Communications Commission (FCC)-licensed or authorized wireless communications between user equipment and a communications structure. The definition of base station does not include or encompass a tower as defined herein or any equipment associated with a tower. Base station includes:

1.

Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul that, at the time the relevant application is filed with the city under this chapter, has been reviewed and approved by the city under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

2.

Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems ("DAS") and small-cell networks) that, at the time the relevant application is filed with the city under this chapter, has been reviewed and approved by the city under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

The definition of base station does not include any structure that, at the time the relevant application is filed with the city under this section, does not support or house equipment described in subparagraph 2, above.

Camouflage and concealment design techniques means measures used in the design and siting of wireless facilities with the intent to significantly reduce the visual impacts of such facilities to surrounding uses so that the presence of the wireless communications facility is not readily apparent. A wireless facility utilizes camouflage and concealment design techniques when:

1.

The facility is integrated within, or incorporated on, an architectural feature of an existing structure, such as a tower, clock tower, bell steeple, cupola, penthouse, architectural feature or other similar structure and is not readily apparent;

2.

The facility is integrated within, or incorporated on, vertical infrastructure located in the right-of-way such as a traffic signal, flag pole, light pole or other similar structure and is not readily apparent; or

3.

The facility uses a design which mimics and is consistent with landscaping features (such as artificial rocks, trees, and other vegetation), maintains authenticity in its application and is not readily apparent.

City manager means the city manager or his or her designee.

Collocation means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

Eligible facilities request means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station involving:

1.

Collocation of new transmission equipment;

2.

Removal of transmission equipment; or

3.

Replacement of transmission equipment.

Eligible support structure means any tower or base station, provided that it is existing at the time the eligible facilities application is filed with the city.

Existing or pre-existing means a constructed tower or base station that was reviewed, approved and lawfully constructed in accordance with all requirements of applicable law as of the time of an eligible facilities request, provided that a tower that exists as a legal, non-conforming use and was lawfully constructed, is existing.

Freestanding wireless facility means a wireless facility that consists of a stand-alone support structure or tower, antennas and accessory equipment that is not considered an alternative tower structure.

Micro cell wireless facility means a small cell wireless facility that is no larger in dimensions than 24 inches in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, that is no more than 11 inches in length.

Pole-mounted small cell facility shall mean a small cell facility with an antenna that is mounted and supported on an alternative tower structure, which includes a replacement pole.

Radio frequency emissions letter means a letter from the applicant certifying that the proposed wireless facility will comply with federal law on radio frequency emissions.

Readily apparent. For purposes of determining whether a wireless facility is readily apparent, the phrase means that the facility, in the discretion of the city manager, will not be easily recognizable as a wireless facility to a reasonable person viewing the facility as a whole and in the context of any adjacent improvements and landscaping from publicly accessible locations. Methods of design and construction that may assist in reducing the visibility of a facility and reaching a conclusion that a facility is not readily apparent include the use of color mimicking surrounding structures and landscaping, minimizing facility size to the greatest extent feasible, integrating the facility into any adjacent or attached improvements, and positioning the facility in a manner that limits the degree to which the facility projects away from any adjacent structures or landscaping. Due to differences in site characteristics, a determination that a particular wireless facility will not be readily apparent at one location shall not establish a precedent for the same determination for a facility of the same or similar design or construction at a different location.

Replacement pole means an alternative tower structure that is a newly constructed and permitted traffic signal, utility pole, street light, flagpole, electric distribution, or other similar structure of proportions and of equal height or such other height that would not constitute a substantial change to a pre-existing pole or structure in order to support a wireless facility or small cell facility or micro cell facility or to accommodate collocation, and replaces a pre-existing pole or structure.

Roof-mounted wireless facility means a wireless facility that is mounted on the roof or any rooftop appurtenance of a legally existing building or structure.

Site for towers (other than towers in the right-of-way and eligible support structures) means the current boundaries of the leased or owned property surrounding the tower or eligible support structure and any access or utility easements currently related to the site. A site, for other alternative tower structures, base stations, micro cell facilities, and small cell facilities in the right- of-way, is further restricted to that area comprising the base of the structure and to other related accessory equipment already deployed on the ground.

Small cell wireless facility means a wireless facility where each antenna is located inside an enclosure of no more than three cubic feet in volume, or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements that could fit within an imaginary enclosure of no more than three cubic feet; and primary equipment enclosures are not larger than 17 cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation box, ground-based enclosure, back-up power systems, grounding equipment, power transfer switch and cut-off switch. A small cell facility includes a micro cell wireless facility. Small cells may be attached to alternative tower structures, replacement poles, and base stations.

Signal interference letter means a letter from the applicant certifying that the proposed wireless facility will comply with federal law on signal interference.

Substantial change means a modification that substantially changes the physical dimensions of an eligible support structure if after the modification, the structure meets any of the following criteria:

1.

For towers other than alternative tower structures or towers in the right-of-way, it increases the height of the tower by more than ten percent or by the height of one additional antenna array, with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than ten percent or more than ten feet, whichever is greater;

2.

For towers other than towers in the right-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the side of the structure by more than six feet;

3.

For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or for towers in the right-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent larger in height or overall volume than any other ground cabinets associated with the structure;

4.

For any eligible support structure, it entails any excavation or deployment outside the current site;

5.

For any eligible support structure, it would defeat the concealment elements of the eligible support structure. For purposes of this definition, any change that undermines concealment elements of an eligible support structure shall be interpreted as defeating the concealment elements of that structure; or

6.

For any eligible support structure, it does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure equipment, unless the non-compliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that would not exceed the thresholds identified in paragraphs (1), (2), and (3) of this definition. For purposes of determining whether a substantial change exists, changes in height are measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height are measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to February 22, 2012.

Tower. Any structure built for the sole or primary purpose of supporting any Federal Communication Commission (FCC)-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.

Transmission equipment means equipment that facilitates transmission for any Federal Communication Commission (FCC)-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

Wall-mounted communication facility means a communication facility that is mounted and supported entirely on the wall of a legally existing building, including the walls of architectural features such as parapets, but does not include mechanical screens, chimneys and similar appurtenances.

Wireless facility means a facility used to provide personal wireless services as defined at 47 U.S.C. Section 332 (c)(7)(C); or wireless information services provided to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies; or wireless utility monitoring and control services. A wireless facility does not include a facility entirely enclosed within a permitted building where the installation does not require a modification of the exterior of the building; nor does it include a device attached to a building, used for serving that building only and that is otherwise permitted under other provisions of the Code. A wireless facility includes an antenna or antennas, including without limitation, directional, omni-directional and parabolic antennas, base stations, support equipment, and towers. It does not include the support structure to which the wireless facility or its components are attached if the use of such structures for wireless facilities is not the primary use. The term does not include mobile transmitting devices used by wireless service subscribers, such as vehicle or hand held radios/telephones and their associated transmitting antennas, nor does it include other facilities specifically excluded from the coverage of this chapter.

(Ord. No. 1763-2018, § 4, 10-2-2018)

A.

The requirements set forth in this section shall apply to all wireless facility applications for base stations, alternative tower structures, towers, micro cells, and small cell wireless facilities, all as defined in section 17.42.020 and further addressed herein, and all other wireless facilities unless exempt under subsection B.

B.

The requirements set forth in this section shall not apply to:

1.

Federally licensed amateur radio antenna, over-the-air receiving device (OTARD), and residential television reception/antenna towers provided that the requirement that the height be no more than the distance from the base of the antenna to the property line is met.

2.

Pre-existing wireless facilities. Any wireless facility for which a building permit, administrative special review use, or special review use has been properly issued prior to September 4, 2018, shall not be required to meet the requirements of this chapter, other than the requirements of section 17.42.040. Changes and additions to pre-existing wireless facilities (including trading out of antennas for an equal number of antennas) shall meet applicable requirements of this chapter.

3.

Miscellaneous antennas. Antennas used for reception of television, multi-channel video programming and radio such as OTARD antennas, television broadcast band antennas, and broadcast radio antennas, provided the height be no more than the distance from the base to the property line and that any generally applicable requirements contained in this title are met.

4.

A temporary wireless facility serving the general health, safety and welfare of the residents of the City of Louisville installed upon the declaration of a state of emergency by the federal, state, or local government or other written determination of need by the federal, state or local government.

5.

A temporary wireless facility installed for the purpose of providing sufficient coverage for a special event, subject to administrative approval by the city through the special event permit process.

(Ord. No. 1763-2018, § 4, 10-2-2018)

A.

Federal requirements. All wireless facilities shall meet the current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communication Commission (FCC) and any other agency of the federal government with the authority to regulate wireless facilities. If such standards and regulations are changed, then the owners of the wireless facility shall bring such facility into compliance with such revised standards and regulations within the time period mandated by the controlling federal agency. Failure to meet such revised standards and regulations shall constitute grounds for the removal of the facility at the owner's expense.

B.

Operation and maintenance. To ensure the structural integrity of wireless facilities, the owner of a wireless facility shall ensure it is maintained in compliance with the standards contained in the international building codes and national electric code, as applicable and adopted by the city from time to time. The owner of a wireless facility shall ensure ongoing compliance, operation and maintenance consistent with the city's approval, including but not limited to the upkeep of site landscaping, paint and surface treatments, litter removal, fence or screening repair, and general maintenance to assure a clean, well-kept wireless facility.

C.

Abandonment and removal. If a wireless facility has not been in use for a period of three months, the owner of the wireless facility shall notify the city of the non-use and shall indicate whether re-use is expected within the ensuing three months. Any wireless facility that is not operated for a continuous period of six months shall be considered abandoned. The city, in its sole discretion, may require an abandoned wireless facility to be removed. The owner of such wireless facility shall remove the same within 30 days of receipt of written notice from the city. If such wireless facility is not removed within said 30 days, the city may remove it at the owner's expense and any approved permits for the wireless facility shall be deemed to have expired. Additionally, the city, in its sole discretion, shall not approve any new wireless facility application until the applicant who is also the owner or operator of any such abandoned wireless facility has removed such wireless facility or payment for such removal has been made to the city. Nothing in this subsection shall limit an applicant for applying for an eligible facilities request on an existing eligible support structure.

D.

Collocation. No wireless facility owner or operator shall unreasonably exclude a wireless competitor from using the same facility or location. Upon request by the city manager, the owner or operator shall provide evidence explaining why collocation is not possible at a particular facility or site.

E.

Lighting. Wireless facilities shall not be artificially lighted, unless required by the FAA or other applicable governmental authority, or the wireless facility is mounted on a light pole or other similar structure primarily used for lighting purposes. If lighting is required, the city may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. Lighting shall be shielded or directed to the greatest extent possible so as to minimize the amount of glare and light falling onto nearby properties, particularly residences.

F.

Eligible facilities request for existing towers and base stations. In all zoning districts, eligible facilities requests shall be considered a use by right subject to administrative review pursuant to section 17.42.070. All eligible facilities request applications shall be reviewed and approved in compliance with federal rules in effect at the time the application is received.

(Ord. No. 1763-2018, § 4, 10-2-2018)

Wireless facilities may be permitted within the public right-of-way, subject to approval of a license agreement executed by the city manager, after submittal of an application from an applicant, reviewed and approved pursuant to section 17.42.070 by the city and adherence to the following standards:

A.

Non-small cell facilities are discouraged in right-of-way. Applicants requesting approval of a new non-small facility shall obtain a special review use pursuant to this chapter and demonstrate that:

1.

There are exceptional circumstances which prohibit installation of a small cell facility; and

2.

There are no feasible alternatives to locate the wireless facility outside of the right-of-way.

B.

Attachment of small cell facilities on an existing or replacement traffic light pole, street light standard, or other vertical infrastructure shall be permitted following administrative review by the city manager for conformance with this chapter, and provided that:

1.

The facility utilizes camouflage and concealment design techniques; and

2.

The facility does not exceed the height of the existing infrastructure on which it is mounted by more than five feet.

C.

A new alternative tower structure may be permitted for non-small cell facilities through a special review use and shall be permitted for small cell facilities following administrative review by the city manager for conformance with this chapter, and provided that:

1.

Proposes a new structure that is architecturally compatible with the surrounding area through application of camouflage and concealment design techniques; and

2.

The facility height is not more than:

i.

30 feet when the facility is within 250 feet of a property, as measured from the property line, containing a single-family or multi-family residential use;

ii.

35 feet when the facility is within 250 of a property, as measured from the property line, zoned open space or agricultural;

iii.

40 feet in all other areas; or

iv.

The facility does not exceed the average height of the existing infrastructure in the right-of-way within 600 feet by more than five feet.

3.

The facility is separated from all other freestanding wireless facilities within right-of- way by a distance of at least 600 feet, unless the facility replaces an existing traffic signal, street light pole, or similar structure as determined by the city manager.

4.

When placed near a residential property, the facility shall be placed adjacent to a common property line between adjoining residential properties, such that the facility minimizes visual impacts equitably among adjacent properties, unless landscaping, topography, other structures, or other considerations minimize visual impacts to a greater extent at a different location.

5.

Not alter vehicular circulation or parking within the right-of-way or impede vehicular, bicycle, or pedestrian access or visibility along the right-of-way or interfere with the Americans with Disabilities Act regulations.

6.

No alternative tower structure may be located or maintained in a manner that causes unreasonable interference. Unreasonable interference means any use of the right-of-way that disrupts or interferes with its use by the city, the general public, or other person authorized to use or be present upon the right-of-way, when there exists an alternative that would result in less disruption or interference. Unreasonable interference includes any use of the right-of-way that disrupts vehicular or pedestrian traffic, any interference with public utilities, and any other activity that will present a hazard to public health, safety, or welfare.

D.

All ground based accessory equipment shall be installed in an underground vault, or above ground with nothing projecting more than 36 inches above grade, or collocated within a traffic cabinet, unless the applicant demonstrates that it is not feasible. Ground based accessory equipment located within a vision clearance area shall be no taller than 30 inches above grade. All above grade ground based accessory equipment shall be setback from trails and sidewalks a minimum of two feet.

E.

Any necessary wiring or cabling shall be located within the pole or, if not technically feasible, located within a fully enclosed sheathing attached to the pole. Such sheathing shall be the same color as the pole, shall be limited in size to that necessary to cover the wiring or cabling and may not extend out from the pole more than four inches.

F.

The city manager may allow a reduction in the separation requirement or an increase in the maximum height requirement if the applicant demonstrates through technical network documentation that the requirement cannot result in a feasible network. The city may require that a city-retained technical consultant complete a study at the applicant's expense to evaluate the applicant's technical network documentation and provide an independent opinion regarding the impact on network feasibility. The request must also result in a facility that meets the following criteria:

1.

The request will not alter the essential character of the neighborhood or district in which the facility is located, nor substantially or permanently impairs the appropriate use or development of adjacent property.

2.

Approval of the request is warranted by the design incorporated in the proposal and the benefit provided to the city.

G.

Timeframe for review. The city manager shall render a decision within 90 days of the date upon which an applicant submits a complete application. The review begins to run upon the filing of an application, and may be tolled only by mutual agreement of the city and the applicant, or in cases where the City determines that the application is incomplete and provides written notice of same to the applicant.

H.

License agreement. An applicant shall be required to execute a license agreement before the installation of a wireless facility within the right-of-way. The city manager shall be authorized to execute said license agreements on behalf of the city.

I.

Approval expiration. A permit for a wireless facility in the right-of-way shall expire nine months after approval unless construction of the permitted structure has been initiated unless otherwise set forth in the license agreement between the city and applicant.

(Ord. No. 1763-2018, § 4, 10-2-2018)

A.

In the mixed-use residential zone district and all other residential zone districts or residentially developed property, wireless facilities are permitted only on institutional structures or multi-family structures containing eight or more dwelling units. Towers are not permitted in the mixed-use residential zone district and all other residential zone districts.

B.

Design standards. All wireless facilities shall be located and designed to be compatible and blend in with surrounding buildings and existing or planned uses in the area through the use of camouflage and concealment design techniques. Should the city manager determine that wireless facilities are proposed for areas of high visibility, they shall utilize camouflage and concealment design techniques.

1.

Wall-mounted communication facility.

i.

Such facilities shall be architecturally compatible with and textured and colored to match the building or structure to which they are attached.

ii.

The antenna shall be mounted as flush to the wall as technically possible. The maximum protrusion of such facilities from the building or structure face to which they are attached shall be two feet.

iii.

Panel antenna shall not extend above the building wall or parapet to which they are attached.

iv.

Wall-mounted antenna are not subject to a maximum mounting height above grade, provided they meet the standards above.

v.

Wall-mounted facilities meeting the standards above meet the camouflage and concealment design requirement.

2.

Roof-mounted communication facility.

i.

All roof-mounted wireless facilities and accessory equipment shall be fully screened from view with existing parapets or with the addition of architecturally compatible screening walls or other structures as viewed at ground level at all adjacent property boundaries, including property lines across adjacent rights of way.

ii.

Any screen walls shall be set back from the parapet or roof edge so that visibility from the street or adjacent residential properties is minimized to the greatest extent possible.

iii.

Roof-mounted communication facilities and accessory equipment shall not be permitted on a sloped roof, unless it can be demonstrated that it is not visible from the street or adjacent residential areas.

iv.

Roof-mounted communication facilities are subject to the following height regulations:

a.

Roof-mounted antenna and equipment are not subject to a maximum height when proposed on an existing structure, provided that the applicant can demonstrate that all roof- mounted antenna and accessory equipment can be located behind an existing parapet or existing screen wall that is at least as tall as the antenna and accessory equipment. Expansions to existing screen walls may be authorized by the city manager, if the applicant can demonstrate that any expansion does not result in any additional height and is in compliance with the design standards above.

b.

Roof-mounted antenna and accessory equipment not meeting the standard above are subject to the maximum building height for the zoning district or applicable design standards, whichever is stricter.

c.

Roof-mounted panel antenna shall not extend more than six feet above the roof parapet.

d.

Roof-mounted whip antenna shall not extend more than ten feet above the building to which they are mounted.

3.

Freestanding and alternative tower communication facilities.

i.

The applicant shall demonstrate that freestanding wireless facilities are necessitated by exceptional circumstances which prohibit the installation of a wall or roof mounted structure or alternative tower structure and that the visual impact of a freestanding wireless facility is negligible from surrounding properties and streets.

ii.

Freestanding wireless facilities shall not be permitted between the principal structure and the street.

iii.

The minimum setback from property lines for freestanding and alternative tower structures shall be one of the following:

a.

The facility height, when the facility is within 250 feet of an existing residential structure;

b.

The setback applicable to principal structures in the zoning district; or

c.

An alternative setback, approved by the city manager, for alternative tower structures where the facility replaces or proposes an accessory structure to an established principal use, to include, but not limited to, signs, light poles, and flagpoles, where it is evidenced that the siting and location of the alternative tower structure allows for camouflage and concealment design techniques to a greater extent than would be achieved by application of the principal structure setback.

iv.

Freestanding and alternative tower structures are subject to the maximum building height for principal structures for the zoning district or applicable design standards, whichever is stricter, unless a waiver is obtained through the special review use procedures set forth in section 17.42.070.

4.

Ground based accessory equipment. All ground based accessory equipment that is associated with freestanding, alternative tower structures, roof-mounted or wall-mounted facilities are subject to the following requirements:

i.

Ground based accessory equipment shall be subject to the accessory structure setback requirements in the underlying zone district or the applicable design standards, whichever is stricter.

ii.

Ground based accessory equipment or buildings constructed for the primary purpose of containing accessory equipment shall not exceed 12 feet in height.

iii.

Ground based accessory equipment not fully enclosed in a building shall be fully screened with landscaping from adjacent residential property and public rights-of-way with a screen wall constructed of high-quality materials to be architecturally compatible with existing structures on the property and character of the neighborhood.

iv.

Buildings containing ground based accessory equipment shall be architecturally compatible with the existing structures on the property and character of the neighborhood.

(Ord. No. 1763-2018, § 4, 10-2-2018)

A.

No new wireless facility shall be constructed, and no collocation or modification to any wireless facility may occur except after a written request from an applicant, reviewed and approved by the city in accordance with this section. That review process varies according to the type and location of the proposed facility. The review process is intended to ensure that the facility will be designed and sited in a manner that complies with the provisions on this chapter, and in such a way to minimize negative impacts on surrounding property.

B.

Eligible facilities requests submittal requirements and review procedure.

1.

Submittal requirements:

i.

Application form.

ii.

Scaled site plans, scaled elevations, and other supporting documentation sufficient to demonstrate that the facilities meet the eligible facilities request requirements.

2.

Eligible facilities request review procedure:

i.

An applicant shall submit a complete application.

ii.

Within 30 days of receipt of the application, the city manager shall provide written comments to the applicant determining completeness of the application and setting forth any modifications required to complete the application and to demonstrate compliance as an eligible facilities request.

iii.

The city manager shall review the complete application for conformance with the provisions in this chapter and may approve or deny an application within 60 days of the date the application is submitted and complete.

C.

Special review use submittal requirements and review procedure.

1.

Submittal requirements for all special review uses:

i.

Application form.

ii.

Written authorization from the owner of the property or infrastructure.

iii.

Signal interference letter.

iv.

Radio frequency emissions letter.

v.

Application fee(s).

vi.

Scaled site plan.

vii.

Photo simulations.

viii.

Scaled elevations.

ix.

Other supporting documentation, including location and dimension of all improvements, including topography, radio frequency coverage, tower height, setbacks, drives, parking, fencing, landscaping, adjacent uses, drainage, and other information deemed necessary by the city manager to assess compliance with this chapter.

2.

Administrative special review use review procedure.

i.

Administrative special review use approval is available for the following applications:

a.

New wall-mounted, building-mounted or alternative tower structures in all zone districts for properties not in the right-of-way, provided all standards in this chapter are met.

b.

Modifications to existing wireless facilities that do not qualify as an eligible facilities request, provided all standards in this section are met.

ii.

An applicant shall submit a complete application.

iii.

Within 30 days of receipt of the application, the city manager shall provide written comments to the applicant determining completeness of the application and setting forth any modifications required to complete the application bring the proposal into full compliance with the requirements of this chapter.

iv.

The city manager shall review the application for conformance with the provisions in this chapter and with the criteria in section 17.40.100 and may approve, approve with conditions, or deny an application.

v.

After receiving approval of the application in writing from the city manager, the applicant shall submit two complete sets of plans with required signatures, along with applicable recording fees to the city manager.

3.

Public hearing special review use review procedure.

i.

Review of the special review use by the planning commission and city council is required for:

a.

Non-small cell facilities in the right-of-way.

b.

Freestanding towers.

c.

All other wireless facilities that do not meet the provisions of this chapter, or applications for wireless facilities that require waivers.

ii.

Preapplication conference.

iii.

Applications for wireless facilities that require a special review use shall be submitted to the planning commission and city council through the special review use public hearing process set forth in chapter 17.40.

iv.

Applications that do not meet the standards in this chapter shall require a waiver, subject to the following criteria:

a.

The waiver, if granted, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use of development of adjacent property.

b.

There are no reasonable design alternatives that would remove the need for the requested waiver or would reduce the amount of the waiver required.

c.

The waiver is warranted by the design incorporated in the proposal and the benefit to the city provided through approval of the waiver.

v.

The planning commission and city council shall review the application for conformance with the provisions in this chapter and with the criteria in section 17.40.100 and may approve, approve with conditions, or deny an application.

vi.

After receiving approval of the application, the applicant shall submit two complete sets of plans with required signatures, along with applicable recording fees to the city manager.

D.

Small cell facilities in the right-of-way submittal requirements and review procedure.

1.

Submittal requirements:

i.

Application form.

ii.

Scaled site plans, scaled elevations, and other supporting documentation sufficient to demonstrate that the facilities meet the requirements of this chapter.

2.

Small cell facilities request review procedure:

i.

An applicant shall submit a complete application.

ii.

Within 30 days of receipt of the application, the city manager shall provide written comments to the applicant determining completeness of the application and setting forth any modifications required to complete the application bring the proposal into full compliance with the requirements of this chapter.

iii.

The city manager shall review the completed application for conformance with the provisions in this chapter may approve or deny an application within 90 days of the date the application is submitted.

3.

Consolidated applications. The city shall allow a wireless provider to file a consolidated application for up to 20 small cell facilities and receive a single permit for the small cell network. The city's denial of any individual small cell facility is not a basis to deny the application as a whole or any other small cell facility incorporated within the consolidated application.

(Ord. No. 1763-2018, § 4, 10-2-2018)