The purpose of this chapter is to establish appropriate locations, site development standards and permit requirements for wireless communication services within the city. The requirements and standards will facilitate the location of various types of wireless communication facilities in permitted locations so that they are consistent with the character of the land use districts within the city.

The goals of this chapter are to:

A.

Minimize potential visual, aesthetic and safety impacts of communication facilities on the community as a whole.

B.

Establish clear and objective standards for the placement, design and continuing maintenance of communication facilities.

C.

Ensure that such standards do not unreasonably discriminate among providers of functionally equivalent services.

D.

Encourage the design of such facilities to be aesthetically and architecturally compatible with the surrounding built and natural environment.

E.

Encourage the colocation of communication antennas and the use of existing communication facilities, communication support structures and accessory equipment structures to help minimize the total number and impact of such structures throughout the community.

F.

Encourage the location of communication facilities in nonresidential areas.

G.

Avoid potential damage to adjacent properties from tower failure and falling ice, through engineering standards and adequate setbacks of tower structures.

H.

Ensure that the amount of non-ionizing electromagnetic radiation emitted by antennas does not exceed the amount at which human health has been found to be affected and is the minimum necessary to provide adequate access to the area's providers by requiring compliance with stated (FCC) emission standards and required separation standards.

I.

Protect and preserve the environmental resources of the city.

(Ord. No. 1132, § 2(Exh. A), 7-11-2013)

See RDC 18.100, Definitions, "Wireless Communication Facilities" for definitions of the terms and concepts used in this chapter.

(Ord. No. 1132, § 2(Exh. A), 7-11-2013)

A.

This chapter applies to VHF and UHF television towers, AM and FM radio, low-power television towers, satellite ground stations, two-way radio, common carrier, cellular telephone towers and fixed point microwave towers.

B.

Amateur or "ham" radio sole source emitters, citizen band transmitter and the structures essential to support such uses are permitted in any use zone, provided, that:

1.

The emitters of transmitters described in this subsection are not used for commercial purposes or for the provision of public services as described in RDC 18.100.230(C)(5) and (6); and

2.

Any emitter or transmitter tower complies with all performance standards for the underlying zoning district in which the tower is located.

C.

In cases of ambiguity or conflicts between this chapter and other chapters of this title, or the RUACP, the more restrictive shall apply.

(Ord. No. 1132, § 2(Exh. A), 7-11-2013)

Antenna support towers and structures in existence on the effective date of the ordinance codified in this chapter may continue in use for the purpose now used and as now existing pursuant to RDC 18.340. Such facilities may not be replaced or structurally altered without complying in all respects with this chapter and with the procedures and approval criteria enumerated in RDC 18.340.

(Ord. No. 1132, § 2(Exh. A), 7-11-2013)

A.

Colocation.

1.

Wherever technically feasible and practicable, wireless communication facilities shall colocate unless it can be demonstrated to the satisfaction of the city that no existing support towers are available for colocation of an additional wireless communication facility based on technical incompatibility or conflicting operational requirements of applicant.

2.

The city may require any new wireless communication facility to be designed and constructed so as to accommodate a minimum of one additional colocated communications facility.

B.

Environmental and Cultural Resource Protection.

1.

Any development associated with siting or operation of a communications facility shall comply with the applicable provisions of RDC 18.280, city's sensitive land ordinance, and RDC 18.810, SEPA, if applicable.

2.

Evidence furnished in response to RDC 18.280 and SEPA must clearly demonstrate that:

a.

The proposed communications facility or related improvements including, but not limited to, access roads and power lines, are sited so as to not create a significant adverse threat to the health or survival of rare, threatened or endangered plant or animal species;

b.

The proposed communications facility or related improvements are sited such that their construction or operation will not damage an archaeological site or have an adverse effect on the character defining elements of an historic site;

c.

The proposed communications facility is sited such that its construction or operation does not threaten the health or safety of migratory birds; and

d.

All proposed development shall comply with the applicable city engineering standards pertaining to floodplains, floodways, stormwater drainage, and erosion control.

C.

NIER Standards.

1.

No facility subject to this chapter shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health.

2.

No facility or combination of facilities shall produce at any time power densities that exceed the ANSI C95.1-1992 standard for human exposure or any other standard subsequently adopted or promulgated by the FCC.

3.

Initial compliance with this requirement shall be demonstrated for any facility, including broadcast radio and television facilities, within four hundred feet of residential districts, public facility district, parks/open space district, schools, libraries, churches or child care and elder care facilities. Evidence shall be submitted at the time of application for the necessary permit, of NIER calculations specifying NIER levels in the inhabited area where the levels produced are projected to be highest. If these calculated NIER levels exceed eighty percent of the NIER standard established by this section, the applicant shall hire a qualified electrical engineer, licensed in the state of Washington to measure NIER levels at such location within sixty days after the facility is in operation. A report of these measurements and his/her findings with respect to compliance with the established NIER standard shall be submitted to the city. Such facility shall not commence normal operations until it complies with, or has been modified to comply with this standard. Proof of such compliance shall be an affidavit provided by the engineer who prepared the original report. In order to assure the objectivity of the analysis, the city may consult independent verification of the results of the analysis.

D.

Access.

1.

Vehicular access to the facility in any leased site shall be incorporated into the driveways of the existing parent site whenever possible.

2.

Site access roads will be upgraded the minimum amount necessary to meet standards specified by the fire chief and director of public works.

3.

Any new roads or parking areas built shall, whenever feasible, be shared with subsequent telecommunication facilities and/or other permitted uses.

4.

All access improvements shall comply with the applicable engineering and life safety standards in effect at the time of land use approval.

E.

Parking.

1.

Each wireless communications support structure shall be provided with one adjacent parking space, unless otherwise determined by the planning director that adequate alternative spaces are available on site.

2.

Required parking shall comply with the performance criteria in RDC 18.720.

F.

Noise. No noise shall be permitted to escape from such equipment enclosures in excess of that permitted by WAC 173-60, except in emergency situations where power generators are temporarily in use.

G.

Signage.

1.

All wireless communications support structures shall be identified with a nonilluminated sign, not exceeding four square feet, including the wireless service provider's name and emergency telephone number.

2.

There shall be no other signs, logos, flags, banners, or other devices attached to or painted upon any fencing, antenna support structures, antennas or equipment shelters, except for that which is expressly required by the Federal Aviation Administration.

3.

All signs must comply with RDC 18.710.

H.

Setbacks.

1.

Setbacks for freestanding wireless communication support structures shall be measured from the ground-level base of the structure closest to the applicable property line.

2.

In all zoning districts other than residential or mixed use districts, wireless communication support structures shall conform to setback requirements of the underlying zone in which the structure or facility is located.

3.

Within residential zoning districts, or within three hundred feet of such districts, antenna support structures, equipment shelters, cabinets, or other on-the-ground ancillary equipment shall be set back from the property lines of the nearest parcels zoned for residential use a distance equal to three hundred feet. The applicant may propose a modification to this standard through the adjustment or variance process consistent with RDC 18.350. In addition to the approval standards of RDC 18.350, the applicant shall demonstrate that the reduced setback distance would improve screening and reduce visual impact from adjacent residences. In no case shall the review authority allow the setback to be less than the height of the wireless communication support structure.

I.

Height Restrictions.

1.

The height of a communication tower or structure shall be determined by measuring the vertical distance from the tower's point of contact with the undisturbed ground or rooftop to the highest point of the tower, including all antennas or other attachments. When towers are mounted upon other structures, the combined height of the structure and tower must meet the height restrictions.

2.

In residential, commercial neighborhood business, parks/open space, and public facility zoning districts, the maximum height of any antenna, tower or other freestanding structure shall be no greater than the maximum height limitation for the underlying zone in which the facility is located.

3.

In the downtown mixed use, waterfront mixed use, and waterfront low-scale districts the maximum height of any antenna, tower or other freestanding structure shall be no more than fifty feet.

4.

In industrial, office, commercial community business, and commercial regional business zoning districts the maximum height of any antenna, tower or other freestanding structure tower, shall be one hundred fifty feet.

5.

In all other zoning districts, the maximum height of any antenna, tower or other freestanding structure shall not exceed the height limitations specified for the underlying district in which the tower is proposed.

6.

Colocated facilities may exceed the height restrictions of the underlying zone and this section, but shall be no more than ten feet taller than the existing wireless communications structure on which the facility is colocated in a residential or downtown mixed use district, and no more than twenty feet higher than the existing wireless communications structure on which the facility is colocated in any other zoning district.

7.

Antennas mounted on existing buildings or structures (other than a wireless communication support structure) may exceed the height restrictions of the underlying zone, but shall be no more than ten feet taller than the existing building or structure on which the antenna is mounted in a residential zone and not more than twenty feet higher than the existing building or structure on which the antenna is mounted in a commercial or employment zone.

J.

Lighting.

1.

For support towers only such lighting as is necessary to satisfy FAA requirements is permitted.

2.

Security lighting for the equipment shelters or cabinets and other on-the-ground ancillary equipment is permitted, as long as it is appropriately down shielded to keep light within the boundaries of the site. All lighting shall conform to RDC 18.715, including light trespass standards.

K.

Color.

1.

Wireless communications facilities shall be painted or finished in a manner which blends with the dominant color of the background except where otherwise required by the FAA.

2.

The color or finish selected shall, in the opinion of the review authority, minimize the visibility of the facility to the greatest extent feasible. Improvements which will be primarily viewed against soils, trees or grasslands shall match these landscape colors while elements which rise above the horizon shall match the typical blue-gray sky color.

3.

The applicant and the operator of the facility shall have a continuing duty to maintain such paint or finish.

L.

Landscaping/Buffering/Screening.

1.

In all nonresidential districts, except for locations within three hundred feet of a residential district, landscaping shall be provided as required for the zone in which it is located.

2.

In all residential zoning districts and locations within three hundred feet of a residential district, landscaping shall conform to requirements of Section 18.760.060.

3.

The installation and maintenance of all required landscaping shall comply with the requirements of RDC 18.725, Landscaping.

M.

Fencing.

1.

The base of the facility and associated equipment shelters shall be screened with a six-foot tall fully sight obscuring fence.

2.

Chain-link fences shall be painted or coated with a nonreflective color.

(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1178, § 2(Exh. A), 2-12-2015; Ord. No. 1207, § 2(Exh. A), 5-26-2016)

A.

Not withstanding Section 18.760.050, this section shall apply to new communication facilities subject to this chapter which are proposed for location within a residential district, a public facility, or a parks/open space district, or within three hundred feet of a residential district.

B.

Siting Alternatives. The need for any wireless communication facility proposed for siting in a residential district shall be demonstrated conclusively by a qualified licensed engineer. The engineer's report shall include:

1.

An evaluation of the existing wireless communications network and operational needs of the wireless communications provider for the proposed site;

2.

Identification and evaluation of technically feasible alternative sites and existing structures within the operational range of the provider deemed capable of serving the provider's wireless communications needs;

3.

Evidence shall demonstrate that no practical alternative to siting a wireless communications support structure within a residential district is reasonably available to the applicant.

4.

The city or other interested persons may obtain an independent review of the engineer's report and the city shall weigh that evidence as part of its decision making process.

C.

Noise Control.

1.

Outdoor noise-producing activities, such as: construction; routine maintenance; and testing of backup generators, shall only take place on weekdays (Monday through Friday, non-holiday) between the hours of seven-thirty a.m. and five-thirty p.m.

2.

Backup power generators shall only be operated during power outages and for testing and maintenance purposes.

3.

If the facility is located within a residential district or within three hundred feet of such district, noise attenuation measures shall be included to reduce noise to a level of at least a Ldn of forty-five dB at the property line of the site.

D.

Equipment Enclosures. Any equipment subject to this chapter that is located in a residential district shall be designed and constructed or screened to minimize visual impact.

1.

If located above ground, all equipment and storage items must be contained in an equipment building designed with materials and architectural appearance typical of the surrounding residences. For example, gable roof, siding, windows, sidewalk, curbing, paved parking and driveway and landscaping and screening so as to achieve minimal visual contrast from surrounding residences.

2.

Any associated buildings located in any residential district shall not be used as an employment center for any worker. This provision does not prohibit the periodic maintenance or periodic monitoring of equipment and instruments.

E.

Neighborhood Coordination.

1.

If the applicant proposes to exceed or vary from any approval criteria contained in this chapter, the applicant shall conduct at least one neighborhood information and discussion meeting on proposed development of the site prior to submission of formal application for a land use permit.

2.

Fourteen days prior to the meeting, the applicant shall post a notice of meeting on the site and shall mail the notice to all property owners with three hundred feet of the proposed site and to the registered neighborhood organization in which the proposed facility will be placed.

3.

A complete application for land use review shall include a synopsis of public comments and a list of all attendees of the neighborhood meeting.

F.

Vegetative Plan. Applications for development shall be accompanied by a vegetative plan that shows existing vegetation, indicates any vegetation proposed for removal or trimming and identifies proposed plantings by type, size and location.

G.

Landscape Plan.

1.

A landscape plan shall be included in the overall vegetative and site development plan of the applicant. The landscape plan shall demonstrate how the proposed facility will be visually screened from residential uses.

2.

The outside perimeter of the screen fencing shall be landscaped with evergreen trees or shrubs that are at least eight feet tall at the time of initial planting, and reach a mature height of at least twenty-five percent of the height of the tower or thirty feet, whichever is greater, within ten years of the time of planting. This requirement may be modified or waived if the subject site is surrounded by or in immediate proximity to unaffected uses or adequately screened by existing vegetation.

H.

Tree Protection Plan.

1.

Existing trees measuring six inches dbh at five feet or larger on the site of the proposed facility and the underlying parcel shall be protected from damage both during and after construction. The applicant shall provide a tree protection plan which identifies all trees on-site which meet this criteria and shall identify specific measures to protect trees during project construction. The plan shall be reviewed, and may be approved, by the city engineer.

2.

Any existing trees or significant vegetation, on the facilities site or along the affected access area that die as a result of construction directly associated with a use subject to this chapter shall be replaced with native trees, three years or older, at a replacement ratio of one replacement tree for each tree damaged.

3.

All vegetation disturbed during project construction shall be replanted with compatible vegetation and soils disturbed by development shall be reseeded to control erosion.

I.

Landscape Maintenance Agreement. The service provider or operator of the facility shall enter into a landscape performance and maintenance agreement with the city to ensure the installation and establishment of required landscaping. This agreement shall be secured by financial securities, such as a performance bond, in amount equal to one hundred fifty percent of estimates to cover the cost of materials and labor for required improvements. The estimate shall include funding of the city's expenses associated with review, approval, monitoring and management in fulfilling the terms of the maintenance agreement. The duration of the landscape maintenance agreement shall be for a minimum period of no less than one year and may be extended for an additional period of up to two additional years if the city finds that the survivability of the plant materials will be substantially enhanced by an extension of the agreement.

J.

Photo/Graphic Simulations. The applicant shall submit photo simulations and three-dimensional computer graphic simulations to visually represent the proposed facility, at design capacity, from five viewing directions and at varying distances from the proposed wireless communication facility, as agreed by the planning director. Formal presentations of the visual/graphic simulations shall be made at the neighborhood information/discussion meetings and at public hearings during the application review process.

K.

Traffic. At all times, traffic associated with the communications use shall be routed so as to minimize the amount of disruption caused to the residents of nearby homes and to park and public facility areas.

(Ord. No. 1132, § 2(Exh. A), 7-11-2013)

No antenna shall be permitted to be placed in a location where it will interfere with existing transmission or reception of radio, television, audio, video, electronic, microwave or other signals. If upon review the FCC finds that the communication facility interferes with such reception, and if such interference is not cured within sixty days of the FCC finding that the provider is the cause of the interference, the city may revoke or modify land use approval for the subject communications facility.

(Ord. No. 1132, § 2(Exh. A), 7-11-2013)

A.

Colocation Protocol.

1.

At the time a pre-application conference is scheduled, the applicant shall demonstrate that the applicant mailed the following notice, no less than twenty-eight days prior to the scheduled pre-application conference, to all other broadcast and wireless communication providers licensed to provide service within the city and Clark County, Washington:

"Pursuant to RDC 18.760, (insert name of provider) is hereby providing you with notice of our intent to meet with the city of Ridgefield in a pre-application conference scheduled to take place on (insert date, time and place of conference) to discuss the location of a freestanding wireless communication facility that would be located at (insert location). In general, we plan to construct a support structure of (insert height in feet) for the purpose of providing (insert type of service, e.g., PCS, cellular, etc.)

Please inform us whether you have any existing or pending wireless facilities within one (1) mile of the proposed facility, that may be available for possible colocation opportunities. Please provide us with this information within 14 days after the date of this letter. Your cooperation is appreciated."

Sincerely, (insert pre-application applicant and name of service provider)

2.

The applicant shall include all responses to the colocation request letter received by the applicant. The applicant shall make a good faith effort to analyze the feasibility of colocation. This analysis shall be submitted with an application for any freestanding support structure or accessory equipment structure. Evidence of a good faith effort shall include all of the following information:

a.

A statement from a qualified licensed engineer, indicating whether the necessary service can be provided by colocation at the possible colocation site;

b.

Evidence of whether the lessor of the possible colocation site agrees to colocation on their property;

c.

Evidence whether adequate site area exists at the possible colocation site to accommodate necessary equipment and meet all city site development standards; and

d.

Evidence whether adequate access exists at the proposed colocation site.

3.

If the applicant has provided information addressing each of the criteria in subsection (2) above, the colocation protocol shall be deemed complete.

B.

Coverage Assessment. The applicant shall evaluate the coverage area around the proposed site by providing the following information:

1.

A map and corresponding list enumerating the carrier's facility sites within five miles of the proposed site, including existing sites, approved sites and planned sites for new or upgraded facilities, and including a description of technology and supporting equipment at each site.

2.

An explanation of the service area and need for the proposed wireless communication facility.

3.

A map depicting the boundaries of coverage areas of the proposed site, other sites operated by the applicant and planned sites which are close enough to impact service within the city.

4.

Topographic maps published by the United States Geologic Survey are to be used to prepare base information for the service area maps.

C.

Additional Information. The application shall contain the following information:

1.

A signed statement indicating:

a.

The applicant agrees to allow for the potential colocation of additional wireless communication facility equipment by other providers on the applicant's structure or within the same site location, and

b.

That the applicant agrees to remove the facility within ninety days after the site's use is discontinued;

2.

That portion of the lease agreement with the landholder that:

a.

Allows the landholder to enter into leases with other providers, and,

b.

Specifies that if the provider fails to remove the facility upon ninety days of its discontinued use, the responsibility for removal falls upon the landholder;

3.

Copies of the responses to the colocation letter sent to other service providers;

4.

A copy of the coordination letter sent to the affected neighborhood organization or residents within three hundred feet of the proposed site;

5.

A copy of the applicant's license issued by the FCC;

6.

A copy of the findings from the FAA Aeronautical Study Determination regarding the proposed wireless communication support structure;

7.

Proof of liability insurance coverage for the proposed wireless communication support structure or antenna. Liability insurance shall be maintained until the wireless communication support structure or antenna is dismantled. The applicant, facility operator, or both shall provide the planning director upon request with proof of insurance. Failure to maintain insurance coverage or to provide proof of insurance shall constitute a violation of this ordinance;

8.

A performance bond in conformity with this chapter. The applicant, facility operator or both shall provide the planning director upon request with proof that the bond is in force. Failure to maintain such performance bond in force or to provide proof of bonding shall constitute a violation of this chapter and grounds for revocation of a permit;

9.

All information necessary to evaluate compliance with the information requirements of Section 18.760.060 if the development is proposed to be located in a residential zoning district.

D.

Complete Application and Waiver. In addition to the submittal requirements identified in this section, the applicant shall address all submittal requirements in RDC 18.500.040, site plan review. The applicant shall provide all of the following information identified in this section for the application to be found to be technically complete. Notwithstanding this, the planning director may waive the requirement of any information described in this section when he or she determines that the information is not applicable based on project-specific factors.

(Ord. No. 1132, § 2(Exh. A), 7-11-2013)

A.

Permitted Uses.

1.

Applications for approval of new communications structures and facilities subject to this chapter that are not subject to RDC 18.760.060, Additional Residential Standards, may be processed as a Type II binding site plan (RDC 18.500.030) and shall demonstrate compliance with that chapter.

2.

Colocated Facilities. Installation of a wireless antenna and associated equipment on an existing wireless communication facility is a permitted use in all zoning districts.

a.

If the proposed colocated facility is subject to NIER standards of RDC 18.760.050(C) or the additional standards for residential zones of RDC 18.760.060, the facility shall be reviewed through a Type II basic site plan review subject to the provisions of RDC 18.500. All other colocated facilities shall be reviewed through a Type I minor site plan review consistent with review requirements of RDC 18.500. Site plan applications for colocated facilities shall include an NIER study if required by RDC 18.760.050(C).

B.

Conditional Uses. Applications for development subject to Section 18.760.060, Additional Residential Standards, shall be reviewed as a Type III conditional use request and shall demonstrate compliance with RDC 18.340. Requests for modifications shall be reviewed consistent with RDC 18.350.

C.

Adjustments or Variance. Applications for development not subject to Section 18.760.060, additional residential standards, which exceed the approval criteria shall be reviewed pursuant to RDC 18.350, Modifications to Standards.

D.

Critical Areas and SEPA. Unless otherwise expressly provided in this chapter, the city shall process all development requests subject to this chapter pursuant to RDC 18.810 (SEPA), if applicable.

(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1207, § 2(Exh. A), 5-26-2016)

A.

The city may inspect annually any tower subject to this chapter to evaluate compliance with this chapter, conditions of approval, the building permit, and for other lawful concerns.

B.

The city may prosecute noncompliance with this chapter, the conditions of approval, the building permit, and breaches of the public health, safety and welfare pursuant to RDC 18.390.

(Ord. No. 1132, § 2(Exh. A), 7-11-2013)

1.

Any antenna, structure or facility subject to this chapter that ceases operation for a continuous period of twelve months shall be removed by the owner of the property on which the antenna, structure or facility is situated or by the owner or lessee of the antenna, structure or facility within ninety days of receipt of notice to remove from the city. If the antenna, structure or facility is not removed within said ninety days, the city may remove the property at owner's expense.

2.

As an alternative remedy, at the time of approval of a development permit, an applicant may post a performance bond with the city equal to one hundred fifty percent of the estimated cost of removal of such antenna, structure or facility subject to this chapter.

3.

If there are two or more communications providers on a single communication support structure, this provision shall not become effective until all providers cease using the communication support structure for a continuous period of twelve months.

(Ord. No. 1132, § 2(Exh. A), 7-11-2013)

In a residential district, approval of a communications facility subject to this chapter shall expire ten years after the effective date of the permit. A permittee wishing to continue the use of a specific communication facility at the end of the ten-year period must apply to renew the use at least six months prior to its expiration. In ruling on such renewal the city shall apply all then existing regulations affecting the application.

(Ord. No. 1132, § 2(Exh. A), 7-11-2013)

The city recognizes that communication technologies are subject to rapid change. Future innovations may result in reducing the impacts of individual facilities and render specific portions of this chapter obsolete. Additionally, the chapter may not address new technologies as they develop. Therefore, periodic review and revision shall occur at least every five years or upon request of the city council or planning commission.

(Ord. No. 1132, § 2(Exh. A), 7-11-2013)

Any person aggrieved by a land use decision resulting from application of this chapter may appeal such decision pursuant to RDC 18.310.100 et seq. or the land use appeals procedure in effect at the time the review authority issues its decision.

(Ord. No. 1132, § 2(Exh. A), 7-11-2013)

A.

Purpose and Intent. The purpose and intent of this section are to:

1.

To implement § 6409 of the "Middle Class Tax Relief and Job Creation Act of 2012" (the "Spectrum Act") (PL-112-96; codified at 47 U.S.C. § 1455(a)) which requires the city to approve any eligible facilities request for a modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station;

2.

To implement the FCC rules set forth at 47 C.F.R. Part 1 (PART 1 - PRACTICE AND PROCEDURE) new Subpart CC § 1.40001 (Wireless Facility Modifications), which rules implement § 6409 of the Spectrum Act;

3.

To establish procedural requirements and substantive criteria applicable to review and approval or denial of applications for an eligible facilities modification;

4.

To ensure that application submittal requirements are related to information reasonably necessary to the determination of whether or not the proposed modification will result in a substantial change in the physical dimensions of the eligible support structure;

5.

To exempt facilities modifications approved under this chapter as eligible facilities requests from zoning and development regulations that are inconsistent with or preempted by Section 6409 of the Spectrum Act;

6.

To preserve the city's right to continue to enforce and condition approvals under this chapter on compliance with generally applicable building, structural, electrical, and safety codes and with other laws codifying objective standards reasonably related to health and safety;

7.

To promote timely decisions under this chapter;

8.

To ensure that decisions are made consistently and predictably;

9.

To incorporate provisions of RCW 43.21C.0384 that exempt eligible facilities modifications from review under RCW 43.21C.030(2)(c), (State Environmental Policy Act);

10.

To recognize that Section 6409(a)(1) of the Spectrum Act operates to preempt any provision of the State Environmental Policy Act (RCW Ch. 43.21C) to the extent that any such provision, including RCW 43.21C.030(2)(c), would prohibit a city from approving any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station; and

11.

To provide for termination of eligible facilities modifications approved pursuant to this chapter, as nonconforming structures in the event that § 6409(a) of the Spectrum Act is found to be unconstitutional or otherwise determined to be invalid or unenforceable and such modifications would otherwise have been in derogation of development regulations in place at the time of receipt of a completed application.

B.

Definitions. The following definitions shall apply in the interpretation and enforcement of this chapter, unless the context clearly requires otherwise. Any term or phrase not defined herein, shall have the meaning that is given to that term or phrase in RDC 18.100. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word "shall" is always mandatory and not merely directory and the word "may" is always discretionary. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority. If specific provisions of law, regulation or rule referred to herein be renumbered or amended, then the reference shall be read to refer to the renumbered or amended provision.

"Approval authority" is the public official, or designee, who has authority under the Ridgefield Development Code to administratively issue project permit approvals.

"Applicant" shall mean and refer to the person, and such person's successor in interest, owning and/or operating the transmission equipment proposed in an eligible facilities modification application to be collocated, removed or replaced.

"Authorized person" is the person, employees, agents, consultants, and contractors, authorized in writing by applicant to complete and submit an eligible facilities modification application on behalf of applicant and who is authorized to receive any notices on behalf of applicant of any action taken by the city regarding the application.

"Base station" shall mean and refer to the structure or equipment at a fixed location that enables wireless communications licensed or authorized by the FCC, between user equipment and a communications network. The term does not encompass a tower as defined in this chapter or any equipment associated with a tower.

(i)

The term includes, but is not limited to, 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.

(ii)

The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).

(iii)

The term includes any structure other than a tower that, at the time an eligible facilities modification application is filed with the city under this chapter, supports or houses equipment described in paragraphs (i)—(ii) above, and that has been reviewed and approved under the applicable zoning or siting process, or under another state, county or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

(iv)

The term does not include any structure that, at the time a completed eligible facilities modification application is filed with the city under this section, does not support or house equipment described in paragraphs (i)—(ii) above.

"City" shall mean and refer to the city of Ridgefield.

"City code" shall mean and refer to the codified ordinances of the city.

"Collocation" shall mean and refer to 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.

"Conceal" or "concealment" shall mean and refer to eligible support structures and transmission facilities designed to look like some feature other than a wireless tower or base station.

"Deemed approved" shall mean and refer to an eligible facilities modification application that has been deemed approved upon the city's failure to act, and has become effective, as provided pursuant the FCC Eligible Facilities Request Rules.

"Eligible facilities modification application" or "application" shall, unless the context clearly requires otherwise, mean and refer to a written document submitted to the city pursuant to this chapter for review and approval of a proposed facilities modification.

"Eligible facilities modification" shall mean and refer to any proposed facilities modification that has been determined pursuant to the provisions of this chapter to be subject to this chapter and which does not result in a substantial change in the physical dimensions of an eligible support structure.

"Eligible facilities modification permit" or "permit" shall, unless the context clearly requires otherwise, mean and refer to a written document issued by the approval authority pursuant to this chapter approving an eligible facilities modification application.

"Eligible support structure" shall mean and refer to any existing tower or base station as defined in this chapter, provided that it is in existence at the time the eligible facilities modification application is filed with the city under this chapter.

"Existing" shall, for purpose of this chapter and as applied to a tower or base station, mean and refer to a constructed tower or base station that has been reviewed and approved under the applicable zoning or siting process of the city, or under another state, county or local regulatory review process; provided that, a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.

"Proposed facilities modification" shall mean and refer to a proposal submitted by an applicant to modify an eligible support structure which the applicant asserts is subject to review under Section 6409 of the Spectrum Act, and involving:

(i)

Collocation of new transmission equipment;

(ii)

Removal of transmission equipment; or

(iii)

Replacement of transmission equipment.

"FCC" shall mean and refer to the Federal Communications Commission or its successor.

"FCC Eligible Facilities Request Rules" shall mean and refer to 47 C.F.R. Part 1 (PART 1 - PRACTICE AND PROCEDURE), Subpart CC § 1.40001 as established pursuant to its Report and Order in, In re Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies, WT Docket Nos. 13-238, 13-32; WC Docket No. 11-59; FCC 14-153, or as may be thereafter amended.

"Site" shall, for towers other than towers in the public rights-of-way, mean and refer to the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, shall mean and be further restricted to, that area in proximity to the structure and to other transmission equipment already deployed on the ground.

"Small cell facility" shall mean and refer to a personal wireless services facility that meets both of the following qualifications:

(i)

Each antenna is located inside an antenna 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 could fit within an imaginary enclosure of no more than three cubic feet; and

(ii)

Primary equipment enclosures are no larger than seventeen cubic feet in volume. The following associated equipment may be located outside the primary equipment enclosure and if so located, are not included in the calculation of equipment volume: electric meter, concealment, telecomm demarcation box, ground-based enclosures, battery back-up power systems, grounding equipment, power transfer switch, and cut-off switch.

"Small cell network" shall mean and refer to a collection of interrelated small cell facilities designed to deliver personal wireless services.

"Spectrum Act" shall mean and refer to the "Middle Class Tax Relief and Job Creation Act of 2012" (Public Law 112-96; codified at 47 U.S.C. § 1455(a)).

"Substantial change criteria" shall mean and refer to the criteria set forth in this chapter at RDC 18.760.170.G.

"Transmission equipment" shall mean and refer to equipment that facilitates transmission for any wireless communication service licensed or authorized by the FCC, 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.

"Tower" shall mean and refer to any structure built for the sole or primary purpose of supporting any antennas and their associated facilities, licensed or authorized by the FCC, 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.

C.

Applicability—Relationship to other Rules and Regulations.

1.

Sole and Exclusive Procedure. Except as may be otherwise provided in this chapter, and not withstanding any other provisions in the city code, the provisions of this chapter shall be the sole and exclusive procedure for review and approval of a proposed facilities modification which the applicant asserts is subject to review under Section 6409 of the Spectrum Act. To the extent that other provisions of the city code establish a parallel process for review and approval of a project permit application for a proposed facilities modification, the provisions of this chapter shall control. In the event that any part of an application for project permit approval includes a proposed facilities modification, the proposed facilities modification portion of the application shall be reviewed under the provisions of this chapter. In the event that an application for project permit approval includes a proposal to modify an eligible support structure, and the applicant does not assert in the application that the proposal is subject to review under Section 6409 of the Spectrum Act, such proposal shall not be subject to review under this chapter and may be subject to review under other applicable provisions of the city code.

2.

Non-conforming Structures. This chapter shall not apply to a proposed facility modification to an eligible support structure that is not a legal conforming, or legal non-conforming, structure at the time a competed eligible facilities modification application is filed with the city. To the extent that the non-conforming structures and use provisions of the city code would operate to prohibit or condition approval of a proposed facilities modification application otherwise allowed under this chapter, such provisions are superseded by the provisions of this chapter and shall not apply.

3.

Replacement of Eligible Support Structure. This chapter shall not apply to a proposed facility modification to an eligible support structure that will involve replacement of the tower or base station.

4.

First Deployment; Base Station. This chapter shall not apply to a proposed facility modification to a structure, other than a tower, that does not, at the time of submittal of the application, already house or support transmission equipment lawfully installed within or upon, or attached to, the structure.

5.

Interpretation. Interpretations of this chapter shall be guided by Section 6409 of the Spectrum Act; the FCC Eligible Facilities Request Rules, the FCC's Report and Order in, In re Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies, WT Docket Nos. 13-238, 13-32; WC Docket No. 11-59; FCC 14-153; and RDC Section 18.760.170.A.

6.

SEPA Review. Unless otherwise provided by law or regulation, decisions pertaining to an eligible facilities modification application are not subject to, and are exempt from, the requirements of RCW 43.21C.030(2)(c), if

a.

The proposed facilities modification would not increase the height of the eligible support structure by more than ten percent, or twenty feet, whichever is greater; or

b.

The mounting of equipment that would involve adding an appurtenance to the body of the eligible support structure would not protrude from the edge of the structure more than twenty feet, or more than the width of the structure at the level of the appurtenance, whichever is greater; or

c.

The authority to condition or deny an application pursuant to Chapter 43.21 RCW is preempted, or otherwise supplanted, by Section 6409 of the Spectrum Act.

7.

Reservation of Authority. Nothing herein is intended or shall operate to waive or limit the city's right to enforce, or condition approval on, compliance with generally applicable building, structural, electrical, and safety codes and with other laws codifying objective standards reasonably related to health and safety.

D.

Permit Classification. An eligible facilities modification permit shall be classified as a Type I administrative permit subject to review and approval or denial by the approval authority.

E.

Application Submittal Requirements; Determination of Completeness.

1.

Purpose. This section sets forth the submittal requirements for an eligible facilities modification application. The purpose of the submittal requirements is to ensure that the city has all information and documentation that is reasonable necessary to determine if the applicant's proposed facilities modification will substantially change the physical dimensions of an eligible support structure. The submittal requirements are not intended to require the applicant to establish the need for the proposed modifications or to justify the business decision to propose such modifications.

2.

Submittal Requirements. No eligible facilities modification application shall be deemed complete unless it is, in writing, accompanied by the applicable application and review fee, includes the required submittals, and is attested to by the authorized person submitting the application on behalf of the applicant, certifying the truth and accuracy of the information provided in the application. The application shall include the following submittals, unless waived by the approval authority:

a.

The following contact information for the authorized person:

i.

Name;

ii.

Title;

iii.

Mailing address;

iv.

Phone number; and

v.

Electronic mail address.

b.

The legal and dba names, mailing address, Washington tax number, and contact phone number(s) of applicant.

c.

If a corporation, the name and address of the registered agent of applicant in the Washington State, and the state of incorporation of applicant.

d.

If applicant is an entity, other than a corporation, such as a partnership or limited liability company, the names and business addresses of the principals.

e.

An assertion that the proposed facilities modification is subject to review under Section 6409 of the Spectrum Act.

f.

If the applicant is not the owner or person in control of the eligible support structure and/or site, the following shall be required:

An attestation that the owner or person in control of the eligible support structure and/or site has consented to the proposed facilities modification. If the eligible support structure is located in a public right-of-way, the applicant must also attest that applicant has authorization to install, maintain and operate transmission equipment in, under and above the public right-of-way.

g.

If the applicant proposes a modification involving collocation of transmission equipment or the replacement of transmission equipment, the following shall be required:

Complete copies of the underlying land use approvals for siting of the tower or base station proposed to be modified, establishing that, at the time of submittal of the application, such tower or base station constituted an eligible support structure.

h.

If the applicant proposes a modification that will result in an increase in height of the eligible support structure, the following shall be required:

Record drawings, as-built plans, or the equivalent, showing the height of the eligible support structure, (a) as originally constructed and granted approval by the city or other applicable local zoning or similar regulatory authority, or (b) as of the most recent modification that received city, or other local zoning or regulatory approval, prior to the passage of the Spectrum Act, whichever height is greater.

i.

If the applicant proposes a modification to an eligible support structure, which structure, or proposed modification of the same, is subject to pre-existing restrictions or requirements imposed by a reviewing official or decision-making body pursuant to authority granted under the city code, or an ordinance or a municipal code of another local government authority, the following shall be required:

A copy of the document (e.g., CUP or SUP) setting forth such pre-existing restrictions or requirements together with a certification that the proposed facilities modification conforms to such restrictions or requirements; provided that, such certification shall have no application to the extent the proposed facilities modification relates solely to an increase in height, increase in width, addition of cabinets, or new excavation, that does not result in a substantial change in the physical dimensions of the eligible support structure.

j.

If the applicant proposes a modification to an eligible support structure, which structure, or proposed modification of the same, is subject to pre-existing concealment restrictions or requirements, or was constructed with concealment elements, the following shall be required:

Applicant shall set forth the facts and circumstances demonstrating that the proposed modification would not defeat the existing concealment elements of the eligible support structure. If the proposed modification will alter the exterior dimensions or appearance of the eligible support structure, applicant shall include a detailed visual simulation depicting how the eligible support structure will appear after the proposed modification is complete. The visual simulation shall depict to scale the eligible support structure in relation to the trees, landscaping and other structures adjacent to, or in the immediate vicinity of, the eligible support structure.

k.

If the applicant proposes a modification that will protrude from the edge of a non-tower eligible support structure, the following shall be required:

Record drawings, as-built plans, or the equivalent, showing at a minimum the edge of the eligible support structure at the location of the proposed modification.

l.

If the applicant proposes a modification to an eligible support structure that will (a) include any excavation, (b) would result in a protrusion from the edge of a tower that exceeds an existing protrusion of any transmission equipment attached to a tower, or (c) would protrude from the edge of a non-tower eligible support structure, the following shall be required:

A description of the boundaries of the site together with a scale drawing based on an accurate traverse, with angular and lineal dimensions, depicting the boundaries of the site in relation to the tower or base station proposed to be modified and depicting the proposed location, elevation and dimensions of the new or replacement transmission equipment. The city may require a survey by a land surveyor licensed in the state of Washington when, in the judgment of the approval authority, a survey is reasonably necessary to verify the boundaries of the site to determine if the proposed facilities modification would result in a substantial change in the physical dimensions of the eligible support structure.

m.

If the applicant proposes a modification to the eligible support structure that includes hardening through structural enhancement, the following shall be required:

A technical report by a qualified engineer accredited by the state of Washington, demonstrating that the structural enhancement is performed in connection with and is necessary to support the proposed collocation, removal, or replacement of transmission equipment and conforms to applicable code requirements. The city may retain the services of an independent technical expert to review, evaluate, and provide an opinion regarding the applicant's demonstration of necessity.

n.

If the applicant proposes a modification to a tower, the following shall be required:

A stamped report by a state of Washington registered professional engineer demonstrating that the tower with the proposed modifications will comply with applicable structural, electrical and safety codes, including by way of example, and not limitation, EIA/TIA-222-Revision G, published by the American National Standards Institute (as amended), allowable wind speed for the applicable zone in which the tower is located, and describing the general structural capacity of the tower with the proposed modifications, including:

i.

The number and type of antennas that can be accommodated;

ii.

The basis for the calculation of capacity; and

iii.

A written statement that the proposal complies with all federal guidelines regarding interference and ANSI standards as adopted by the FCC, including but not limited to nonionizing electromagnetic radiation (NIER) standards.

The city may retain the services of an independent technical expert to review, evaluate, and provide an opinion regarding the applicant's demonstration of compliance.

o.

If the applicant proposes a modification to a base station, the following shall be required:

A stamped report by a state of Washington registered professional engineer demonstrating that the base station, with the proposed modifications, will comply with applicable structural, electrical and safety codes.

p.

If the applicant proposes a modification requiring alteration to the eligible support structure, excavation, installation of new equipment cabinets, or any other activities impacting or altering the land, existing structures, fencing, or landscaping on the site, the following shall be required:

A detailed site plan and drawings, showing the true north point, a graphic scale and, drawn to an appropriate decimal scale, indicating and depicting, (a) the location, elevation and dimensions of the existing eligible support structure, (b) the location, elevation and dimensions of the existing transmission equipment, (c) the location, elevation and dimensions of the transmission equipment, if any, proposed to be collocated or that will replace existing transmission equipment, (d) the location, elevation and dimensions of any proposed new equipment cabinets and the intended use of each, (e) any proposed modification to the eligible support structure, (f) the location of existing structures on the site, including fencing, screening, trees, and other significant site features, and (g) the location of any areas where excavation is proposed showing the elevations, depths, and width of the proposed excavation and materials and dimensions of the equipment to be placed in the area excavated.

q.

Copies of any environmental documents required by any federal agency. These shall include the environmental assessment required by 47 C.F.R. Part 1 (PART 1 - PRACTICE AND PROCEDURE), Section 1.1307, as amended, or, in the event than an FCC environmental assessment is not required, a statement that described the specific factors that obviate the requirement for an environmental assessment.

3.

Waiver of Submittal Requirement. The approval authority may waive any submittal requirement upon determination that the required submittal, or part thereof, is not reasonably related to the substantial change criteria. A wavier, to be effective, must be in writing and signed by the approval authority.

4.

When Received. An eligible facilities modification application, and any supplemental submittals, shall be deemed received by the city upon the date such application, or supplemental submittal, is filed with the community development department. An application, and any supplemental submittals, must be filed in person during regular business hours of the city and must be accompanied by the applicable permit review fee(s). Any application received by the city without contemporaneous payment, or deposit, of the applicable permit review fees will be rejected.

5.

Completed Application; Determination; Tolling.

a.

Determination of Completeness. The approval authority shall, within thirty days of receipt of the application, review the application for completeness. An application is complete if it includes the applicable permit review fee(s) and contains all of the applicable submittal requirements set forth at [18.070].070(B) of this chapter, unless waived by the approval authority pursuant to [18.070].070(C). The determination of completeness shall not preclude the approval authority from requesting additional information or studies either at the time of the determination of completeness or subsequently if new or additional information is required, or substantial changes in the proposed action occur, or the proposed facilities modification is modified by applicant, as determined by the approval authority.

b.

Incomplete Application. The approval authority shall notify the applicant within thirty days of receipt of the application that the application is incomplete. Such notice shall clearly and specifically delineate all missing documents or information.

c.

Tolling Timeframe for Review. The application review period begins to run when the application is received, and may be tolled when the approval authority determines that the application is incomplete and provides notice as set forth below. The application review period may also be tolled by mutual agreement of the approval authority and applicant. The timeframe for review is not tolled by a moratorium on the review of eligible facility modification applications.

i.

To toll the timeframe for review for incompleteness, the approval authority must provide written notice to the applicant within thirty days of the date of receipt of the application, clearly and specifically delineating all missing documents or information. Such delineated information is limited to submittals set forth in RDC 18.760.170.E.2 and any supplemental information requested by the approval authority that is reasonably related to determining whether the proposed facilities modification will substantially change the physical dimension of an eligible support structure.

ii.

The timeframe for review begins running again when the city is in receipt of applicant's supplemental submission in response to the approval authority's notice of incompleteness.

iii.

Following a supplemental submission, the approval authority shall have ten days to notify the applicant that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in this paragraph (3)(c). Except as may be otherwise agreed to by the applicant and the approval authority, second or subsequent notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.

iv.

A notice of incompleteness from the city will be deemed received by the applicant upon the earlier of, personal service upon the authorized person, delivery by electronic mail to the authorized person (if such delivery is authorized for receipt of notice by the authorized person), or three days from deposit of the notice in the United States mail, postage prepaid, and in an envelope properly addressed to the authorized person using the address set forth in the application.

d.

Modification of Application. In the event that after submittal of the application, or as a result of any subsequent submittals, applicant modifies the proposed facilities modification described in the initial application, the application as modified will be considered a new application subject to commencement of a new application review period; provided that, applicant and the approval authority may, in the alternative, enter into a mutually agreeable tolling agreement allowing the city to request additional submittals and additional time that may be reasonably necessary for review of the modified application.

F.

Review of Application; Approval.

1.

Review of Application. The approval authority shall review an eligible facilities modification application to determine if the proposed facilities modification is subject to this chapter, and if so, if the proposed facilities modification will result in a substantial change to the physical dimensions of an eligible support structure.

2.

Timeframe for Review. Within sixty days of the date on which the city receives an eligible facilities modification application, less any time period that may be excluded under the tolling provisions of this chapter or a tolling agreement between the applicant and the approval authority, the approval authority shall approve the application and contemporaneously issue an eligible facilities modification permit unless the approval authority determines that the application is not subject to this chapter, or the proposed facilities modification will substantially change the physical dimension of an eligible support structure.

3.

Approval; Denial. An eligible facilities application shall be approved, and an eligible facilities permit issued, upon determination by the approval authority that the proposed facilities modification is subject to this chapter and that it does not substantially change the physical dimensions of an eligible support structure. An eligible facilities application shall be denied upon determination by the approval authority that the proposed facilities modification is not subject to this chapter or will substantially change the physical dimensions of an eligible support structure. A proposed facilities modification will substantially change the physical dimensions of an eligible support structure if it meets any of the substantial change criteria.

4.

Deemed Approved Application. An application that has been deemed approved shall be and constitute the equivalent of an eligible facilities modification permit, except as may be otherwise determined by a court of competent jurisdiction, and shall be subject to generally applicable enforcement and compliance requirements in the same manner as an eligible facilities modification permit issued pursuant to this chapter.

5.

Denial of Application. A denial of an eligible facilities modification application shall set forth in writing the reasons for the denial and shall be provided to the applicant.

6.

Code Requirements. Any eligible facilities modification permit issued pursuant to this chapter, and any application that has been deemed approved, shall be and is conditioned upon compliance with any generally applicable building, structural, electrical, and safety codes and other laws codifying objective standards reasonably related to health and safety. Violation of any such applicable code or standard shall be deemed to be a violation of the eligible facilities modification or deemed approved application.

7.

Term of Eligible Facilities Modification Permit. An eligible facilities modification permit issued pursuant to this chapter, and any deemed approve application, shall be valid for a term of one hundred eighty days from the date of issuance, or the date the application is deemed approved.

8.

Remedies. Notwithstanding any other provisions in the city code, no administrative review is provided for review of a decision to condition, deny or approve an application. Applicant and the city retain any and all remedies that are available at law or in equity, including by way of example and not limitation, those remedies set forth in the FCC Eligible Facilities Request Rules and remedies available under the Land Use Petition Act. In the event no other time period is provided at law for bringing an action for a remedy, any action challenging a denial of an application or notice of a deemed approved remedy, shall be brought within thirty days following the date of denial or following the date of notification of the deemed approved remedy.

G.

Substantial Change Criteria. A proposed facilities modification will substantially change the physical dimensions of an eligible support structure if it meets any of the following criteria:

1.

For towers other than towers in the public rights-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 twenty 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;

Changes in height should be 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 should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.

2.

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

a.

It entails any excavation or deployment outside the current site;

b.

It would defeat the concealment elements of the eligible support structure; or

c.

It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in this section.

H.

Non-Conforming Structure; Termination.

1.

Application. The provisions of this section shall apply to any facilities modification constructed, installed, placed or erected pursuant to an eligible facilities modification permit, or pursuant to a deemed approved remedy, which facilities modification did not conform to zoning and/or development regulations, exclusive of this chapter, in effect at the time the completed eligible facilities modification application was filed.

2.

Non-Conforming Structure Determination. A facilities modification to which this section applies is subject to termination as a non-conforming structure upon the following conditions:

a.

Final, Non-Appealable Decision. An appellate court, in a final and non-appealable decision, determines that § 6409(a)(1) of the Spectrum Act is unconstitutional or otherwise determined to be invalid or unenforceable; and

b.

Notice of Non-Conforming Structure Determination. The city provides written notice to the applicant that the city has determined that the facilities modification did not conform to zoning and/or development regulations, exclusive of this chapter, in effect at the time the completed eligible facilities modification application was filed and that the facilities modification constitutes a non-conforming structure pursuant to the provisions hereof and must be made conforming or the facilities modification terminated.

3.

Conformance; Termination. Upon receipt of notice of the city's non-conforming structure determination, applicant shall abate the non-conformance by either, conforming the site to the zoning and development regulations in effect at the time the completed eligible facilities modification application was filed, or removing the facilities modification and returning the site to the condition that existed prior to the construction, installation, placement or erection of the facilities modification. The time period for conformance shall be one year from the date of the city's notice of the non-conforming structure determination.

4.

Health and Safety Codes. Nothing in this section shall relieve the applicant from compliance with applicable building, structural, electrical, and safety codes and with other laws codifying objective standards reasonably related to health and safety.

5.

Administrative Appeal. The applicant, or its successors or assigns, may appeal the city's determination of non-conformance to the city hearing examiner by filing a notice of appeal within fourteen days of the date of the determination of non-conformance, consistent with RDC 18.310.100.

I.

Enforcement; Violation. Compliance with the provisions of this chapter is mandatory. Any violation hereof is subject to enforcement under the code enforcement provisions set forth in RDC 18.395.

(Ord. No. 1207, § 2(Exh. A), 5-26-2016)