Chapter 17.61
COMMUNICATIONS FACILITIES

Sections:

17.61.010    Purpose.

17.61.020    General guidelines and permit requirements.

17.61.030    Development standards for all public institutional, residential, waterfront district and downtown business districts (PI, R-1, R-2, R-3, RB-1, RB-2, PCD-RLD, PCD-RMD, WR, WM, WC, and DB).

17.61.040    Development standards for all commercial districts (C-1, B-1, B-2, PCD-C, PCD-BP).

17.61.050    Siting standards for employment district (ED).

17.61.060    Special exceptions.

17.61.070    Review by independent consultant – Third party review.

17.61.010 Purpose.

In addition to implementing the general purposes of the comprehensive plan and development regulations, this section addresses the issues of permitting, siting, appearance and safety associated with broadcast and relay towers, amateur radio towers, telecommunications monopoles, satellite dish antennas, wireless communications facilities and related equipment. It provides siting opportunities at appropriate locations within the city to support existing communications technologies and to adapt to new technologies as needed.

This chapter provides for a wide range of locations and siting options for wireless communications facilities which minimize associated safety hazards and visual impacts. The siting of wireless communication facilities on existing buildings and structures, co-location of telecommunication facilities on a single support structure and visual mitigation strategies are encouraged to preserve neighborhood aesthetics and reduce visual clutter in the community. (Ord. 771 § 12, 1997).

17.61.020 General guidelines and permit requirements.

A. General Guidelines. The development standards in this chapter address setback and other site specific location factors. Siting criteria for all communication facilities are necessary to encourage siting in the most appropriate locations based upon land use compatibility, neighborhood characteristics and aesthetic considerations.

B. Priority of Locations. The order of priorities for locating new wireless service facilities shall be as follows:

1. Place antennas and towers on public property, if practical.

2. Place antennas on appropriate rights-of-way.

3. Place antennas and towers in employment zoned districts.

4. Place antennas and towers in districts (in descending order of preference: commercial districts, public institutional districts, and downtown business districts) which do not adjoin or adversely impact residential or waterfront districts.

5. Place antennas and towers on other non-residential property.

6. Place antennas and towers in the city multi-family zoned areas.

7. Place antennas and towers in multi-family residential structures exceeding 30 feet in height.

8. Place antennas and towers in residential and waterfront districts only if (a) locations are not available on existing structures or in non-residential districts; and (b) only on or in existing churches, parks, schools, utility facilities or other appropriate public facilities.

C. General Requirements for Co-location. For new antenna and wireless communications facilities, co-location on existing towers and wireless support structures is preferred. Where co-location has been demonstrated to be impracticable, new towers are most appropriately located as stated in the order of preference in subsection B of this section.

Co-location on existing support structures is encouraged by fewer standards and a simplified permit procedure. Attachment of antennas to existing nonresidential structures and buildings primarily within business parks, employment districts and commercial districts is preferable to installation of new wireless support structures, broadcast and relay towers or monopoles. The city may request that the applicant perform feasibility studies associated with applications for communications facilities in order to demonstrate that locations on existing structures have been explored as the preferred siting alternative, or that a conditional use permit or a variance from the development standards in this chapter, as requested by the applicant, is necessary in order to provide wireless communications, television, radio or other broadcast services.

If the city requests such a feasibility study of an applicant, the study shall demonstrate:

a. That the applicant has: (i) contacted the owners of structures in excess of 30 feet within a one-quarter mile radius of the proposed site and from which a location standpoint could provide part of a network for transmission of signals; (ii) asked for permission to install the antenna on those structures; and (iii) received a denial of permission to install the antenna on those structures, together with the reason for such denial.

The information submitted by the applicant shall include (i) a map of the area to be served by the tower or antenna; (ii) its relationship to other cell sites in the applicant’s network; and (iii) an evaluation of existing buildings taller than 30 feet, within one-quarter mile of the proposed tower or antenna which from a location standpoint could provide part of a network to provide transmission of signals.

In addition to the above, an applicant desiring to locate a new antenna support structure in a residential or waterfront district shall demonstrate that a diligent effort has been made to locate the proposed communications facilities on a government facility, a private institutional structure, or other appropriate existing structures within a non-residential zone, and that due to valid considerations including physical constraints, and economic or technological feasibility, no appropriate location is available.

D. Permit Processing Requirements.

1. Permit Type.

a. Small Satellite Dish Antenna. Small satellite dish antennas shall comply with all International Building Code requirements, and Chapter 15.06 GHMC, but are otherwise exempt from the permit application procedures of GHMC Title 19.

b. Large Satellite Dish Antenna. Large satellite dish antennas and other antenna applications shall be processed as a Type II permit. A building permit shall also be required.

c. Amateur Radio Towers. Amateur radio tower applications shall be processed as a Type II permit. A building permit shall also be required.

d. Wireless Communication Facilities. A conditional use permit shall be required for wireless communication facilities in residential, waterfront district and downtown business districts, which shall be processed as a Type III permit. For all other districts, wireless communication facilities shall be processed as a Type II permit. A building permit shall also be required.

e. Broadcast and Relay Towers. Broadcast and relay tower applications shall be processed as a Type II permit. A building permit shall also be required.

2. Elements of a Complete Application. A complete application for the Type II permits described in this chapter shall consist an original of the following:

a. A site plan, drawn at a scale not less than one inch per 50 feet, showing the boundaries and dimensions of the parcel or site, including any adjacent public streets or easements.

b. An elevation of the proposed facility, including any buildings, existing or proposed, associated with the facility, and which shall include all dimensions of proposed structures.

c. A topographic map, based upon the most recent site survey or information available, at no less than five-foot contour intervals.

d. The required application fee as established pursuant to Chapter 3.40 GHMC.

e. Three copies of the original of the application.

f. A signed statement indicating that (i) the applicant and landowner agree that they will diligently negotiate in good faith to facilitate co-location of additional personal wireless service facilities by other providers on the applicant’s structure or within the same site location and (ii) the applicant and/or landlord agree to remove the facility within 12 months after abandonment.

g. Copies of any environmental documents required by any federal agency. These shall include the environmental assessment required by FCC Para. 1.1307, or in the event that a FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment.

h. A current map and aerial photograph showing the location of the proposed tower, a map showing the locations and service areas of other wireless service facilities operated by the applicant and those proposed by the applicant that are close enough to impact service within the city.

i. A statement by the applicant as to whether construction of the tower will accommodate co-location of additional facilities or antennas for future users.

3. A complete application for a conditional use permit shall, in addition to the elements described in subsection (D)(2)(a) of this section include those elements as described in GHMC 17.96.050(B) through (D) and (L). (Ord. 771 § 12, 1997).

17.61.030 Development standards for all public institutional, residential, waterfront district and downtown business districts (PI, R-1, R-2, R-3, RB-1, RB-2, PCD-RLD, PCD-RMD, WR, WM, WC, and DB).

A. Small Satellite Dish Antenna – Development Standards. Small satellite dish antennas shall not extend above the highest point of the roof.

B. Large Satellite Dish Antenna – Development Standards. The following minimum standards apply to all antennas:

1. Siting on Lot. Large satellite dish antennas shall be sited in the rear yard as a first order of preference. If the applicant demonstrates that reception is not available in this location, the second order of preference for siting shall be the side yard. If the applicant demonstrates that reception is not available in this location, the third order of preference shall be the front yard. Finally, if reception is not available in any other location, the satellite dish antenna may be located on or attached to a roof, pursuant to the special exception procedures in GHMC 17.61.060.

2. Height and Size. Antennas, antenna mountings and large satellite dishes shall be no taller than the minimum required for the purposes of obtaining an obstruction-free reception window. Large satellite dish antennas shall not exceed 12 feet in diameter and 15 feet in height, including their bases. Height shall be measured from existing grade.

3. Color. To the extent technically feasible, specific paint colors may be required to allow the antenna or large satellite dish and mounting structures to blend better with the surroundings.

4. Screening, Landscaping. Screening of all large satellite dish antennas may be required with one or a combination of the following methods: fencing, walls, landscaping, structures or topography which will block the view of the antenna as much as practicable from any street and from the yards and main floor living areas of residential properties within approximately 500 feet. Screening may be located anywhere between the antenna and the abovementioned viewpoints. A dense vegetative screen (pursuant to GHMC 17.04.269) shall be provided for large satellite dish antennas that are visible from any portion of the right-of-way. Landscaping installed for the purposes of screening shall be maintained in healthy condition.

5. Signs Prohibited. Satellite dish antennas shall not be used for the purposes of signage or message display of any kind.

6. IBC Conformance. Construction plans and final construction of the mounting bases of all large satellite dish antennas shall be in accordance with the requirements established in the latest edition of the International Building Code adopted by the city.

7. Type of Dish. Aluminum mesh dishes should be used, as practicable, instead of a solid fiberglass type large satellite dish antenna.

8. Number of Dishes Allowed. Only one large dish satellite antenna shall be allowed on each residentially-zoned property.

C. Amateur Radio Towers – Development Standards. The following minimum standards apply to amateur radio towers:

1. Siting on Lot. Amateur radio towers may be ground or roof-mounted; however, ground-mounted towers must be located at a point farthest from lot lines as feasible, or the point farthest from residential structures on abutting properties.

2. Height and Size. The height of a ground-mounted tower may not exceed 65 feet unless an applicant demonstrates physical obstructions to reception. Telescoping towers may exceed the 65-foot height limit only when extended and operating. The combined structure of a roof-mounted tower and antenna shall not exceed a height of 25 feet above the existing roofline.

3. Color. To the extent technically feasible and in compliance with safety regulations, specific paint colors may be required to allow the tower to blend better with its setting.

4. Screening, Landscaping. Screening of the bases of ground-mounted amateur radio towers shall be provided with one or a combination of the following methods: fencing, walls, landscaping, structures, and/or topography which will block the view of the antenna as much as practicable from any street and from the yards and main floor living areas of residential properties within approximately 500 feet of the tower. Screening may be located anywhere between the base and the abovementioned viewpoints. Landscaping for the purposes of screening shall be maintained in a healthy condition. Bases of amateur radio towers shall be solidly screened by a view-obscuring fence, wall, or evergreen plantings at least six feet in height.

5. Signs Prohibited. No signs shall be placed or posted on amateur radio towers.

6. IBC Conformance. Construction plans and final construction of the mounting bases and towers of amateur radio towers covered by this section shall meet the structural design requirements of this section and shall be in accordance with the requirements established in the International Building Code as adopted by the city.

D. Wireless Communication Facilities – Development Standards. The following standards shall be applied to all wireless communication facilities, such as antenna and equipment shelters, exclusive of the broadcast and relay tower. Wireless monopoles, lattice, and guy towers are regulated by the sub-sections that govern broadcast and relay towers, GHMC 17.61.050(E)(2) through (E)(7).

1. Siting on Lot. No wireless communications facilities shall be located within required building setback areas unless it is demonstrated that locating the proposed facility within the required setback area will take advantage of an existing natural or artificial feature to conceal the facility or minimize its visual impacts.

2. Height and Size. The combined antenna and supporting structure shall not extend more than 15 feet above the existing or proposed roof structure.

3. Color, Screening, Landscaping.

a. Wireless communication antennas installed on existing buildings shall be screened or camouflaged to the greatest practicable extent by use of shelters, compatible materials, location, color, and/or other visual mitigation techniques to reduce visibility of the antenna as viewed from any street or residential property. The antenna shall be visually concealed utilizing color and compatible material to camouflage the facility to the greatest extent feasible.

b. Screening of wireless communications facilities shall be provided with one or a combination of the following materials: fencing, walls, landscaping, structures, or topography which will block the view of the antenna and equipment shelter as much as practicable from any street and from the yards and main floor living areas of residential properties within 500 feet. Screening may be located anywhere between the base and the abovementioned viewpoints.

c. Landscaping for the purposes of screening the wireless communications facilities shall be maintained in a healthy condition.

d. Any fencing required for security shall meet the screening standards of the city’s design guidelines.

4. Signs Prohibited. No wireless equipment shall be used for the purposes of signage or message display of any kind.

5. Conform to IBC. Wireless communication facilities shall comply with all applicable IBC requirements.

6. Abandonment, Disrepair. A wireless communication facility shall be removed by the facility owner within 12 months of the date it ceases to be operational or if the facility falls into disrepair and is not maintained. Disrepair includes structural features, paint, landscaping, or general lack of maintenance which could result in safety or visual impacts.

7. Co-location. Placement of a freestanding wireless communication facility may be denied if placement of the antenna on an existing structure can accommodate the applicant/operator’s communications needs. The applicant shall also comply with the co-location requirements of GHMC 17.61.020(C). The co-location of a proposed antenna on an existing broadcast and relay tower or placement on an existing structure shall be explored and documented by the applicant/operator in order to show that reasonable efforts were made to identify alternate locations.

8. Equipment Shelters.

a. Limit on Area. Associated aboveground equipment shelters shall be minimized, and shall not exceed 240 square feet (e.g., 12 feet by 20 feet) unless operators can demonstrate that more space is needed.

b. Color. Shelters shall be painted a color that matches existing structures or the surrounding landscape.

c. Materials. The use of concrete or concrete aggregate shelters is not allowed.

d. Screening, Landscaping. A dense vegetative screen shall be created around the perimeter of the shelter.

e. Undergrounding. Operators shall consider undergrounding equipment if technically feasible or placing equipment within existing structures.

f. IBC Conformance. Equipment shelters shall comply with all IBC requirements, but may be exempt from building envelope insulation requirements. (See RCW 19.27A.027.)

E. Broadcast and Relay Towers – Development Standards. Broadcast and relay towers are not permitted in any residential, waterfront district and downtown business districts. (Ord. 771 § 12, 1997).

17.61.040 Development standards for all commercial districts (C-1, B-1, B-2, PCD-C, PCD-BP).

A. Small Satellite Dish Antenna. No additional development standards.

B. Large Satellite Dish Antenna – Development Standards. In addition to the standards in GHMC 17.61.030(B)(1) through (8), the following standards shall apply:

1. Ground mounted antennas are subject to the following requirements:

a. Size. Such antenna shall not exceed 12 feet in diameter and 15 feet in height. Height shall be measured from existing grade.

b. Placement. Ground-mounted antennas shall be located outside of any required landscape area and preferably located in service areas or other less visible locations.

c. Screening. From the time of installation, ground-mounted antennas shall be screened as high as the center of the dish when viewed from any public right-of-way. Solid screening shall be provided as high as the dish if the proposed location abuts an adjoining residential zone.

2. Roof-mounted antennas shall be solidly screened at least as high as the center of the dish. The screening shall be of a material and design compatible with the building, consistent with the city’s Design Review Manual, and can include parapet walls or other similar screening.

C. Amateur Radio Towers – Development Standards. In addition to the development standards in GHMC 17.61.030(C), the following minimum standards apply:

1. Placement. Amateur radio towers reviewed under this section shall not be located within any easement, the front yard, side or rear yard building setback areas. Amateur radio towers may be ground or roof mounted; however, ground-mounted towers must be located at a point farthest from lot lines as feasible, or the point farthest from residential structures on abutting properties.

2. Paint Colors. To the extent technically feasible and in compliance with safety regulations, specific paint colors may be required to allow the tower to blend better with its setting.

3. Screening. Screening of the bases of ground-mounted amateur radio towers shall be provided with one or a combination of the following methods: fencing, walls, landscaping, structures, or topography which will block the view of the antenna as much as practicable from any street and from the yards and main floor living areas of residential properties within approximately 500 feet. Screening may be located anywhere between the base and the abovementioned viewpoints. Landscaping for the purposes of screening shall be maintained in a healthy condition. Bases of amateur radio towers shall be solidly screened by a view-obscuring fence, wall, or evergreen plantings at least six feet in height.

4. Signs. Amateur radio towers shall not be used for the purposes of signage and shall not display a sign of any kind.

5. IBC Conformance. Construction plans and final construction of the mounting bases and towers of amateur radio towers covered by this section shall meet the structural design requirements of this section and shall be subject to approval by the city building official.

7. Commercial Use Prohibited. Amateur radio towers located in residential districts shall not be constructed or used for commercial purposes.

8. Height. The height of a ground-mounted tower may not exceed 65 feet unless an applicant demonstrates that physical obstructions impair the adequate use of the tower. Telescoping towers may exceed the 65-foot height limit only when extended and operating. The combined structure of a roof-mounted tower and antenna shall not exceed a height of 25 feet above the existing roofline.

D. Wireless Communication Facilities – Development Standards. In addition to the requirements of GHMC 17.61.030(C), the following standards shall be applied to all wireless communications facilities, such as antenna and equipment shelters, exclusive of any broadcast and relay tower. Wireless monopoles, lattice, and guy towers are regulated by the sub-sections that govern broadcast and relay towers, GHMC 17.61.050(E)(2) through (E)(7).

1. Co-location. Installation of a freestanding wireless communication facility may be denied if placement of the antenna on an existing structure can accommodate the operator’s communications needs. The applicant shall be required to comply with the co-location requirements of GHMC 17.61.020(C). The co-location of a proposed antenna on an existing broadcast and relay tower or placement on an existing structure shall be explored and documented by the operator in order to show that reasonable efforts were made to identify alternate locations.

2. Siting on Lot. No wireless communications facilities shall be located within required building setback areas unless it is demonstrated that locating the proposed facility within the required setback area will take advantage of an existing natural or artificial feature to conceal the facility or minimize its visual impacts.

3. Height. The combined antenna and supporting structure shall not extend more than 15 feet above the existing or proposed roof structure.

4. Signs. No wireless equipment shall be used for the purposes of signage or message display of any kind.

5. Visibility. Location of wireless communication antennas on existing buildings shall be screened or camouflaged to the greatest practicable extent by use of shelters, compatible materials, location, color, and/or other visual mitigation techniques to reduce visibility of the antenna as viewed from any street or residential property.

6. Screening. Screening of wireless equipment shall be provided with one or a combination of the following materials: fencing, walls, landscaping, structures, or topography which will block the view of the antenna and equipment shelter as much as practicable from any street and from the yards and main floor living areas of residential properties within 500 feet. Screening may be located anywhere between the base and the abovementioned viewpoints. Landscaping for the purposes of screening shall be maintained in a healthy condition.

7. Fencing. Any fencing required for security shall meet screening codes in the same manner as applied to screening for mechanical and service areas.

8. IBC Conformance. Construction plans and final construction of the mountings of wireless antenna and equipment shelters shall be approved by the city building official. Applications shall document that the proposed broadcast and relay tower and any mounting bases are designed to reasonably withstand wind and seismic loads.

9. Abandonment, Disrepair. A wireless communication facility shall be removed by the facility owner within 12 months of the date it ceases to be operational or if the facility falls into disrepair and is not maintained. Disrepair includes structural features, paint, landscaping, or general lack of maintenance which could result in safety or visual impacts.

10. Equipment Shelters. Associated above-ground equipment shelters shall not exceed 240 square feet (e.g., 12 feet by 20 feet) unless operators can demonstrate that more space is needed. A dense vegetative screen shall be created around the perimeter of the shelter. Operators shall consider undergrounding equipment if technically feasible or placing the equipment within an existing structure. Aboveground equipment shelters for antennas located on buildings shall be located within, on the sides or behind the buildings and screened to the fullest extent possible.

E. Broadcast and Relay Towers – Development Standards. Broadcast and relay towers are prohibited in all commercial districts. (Ord. 771 § 12, 1997).

17.61.050 Siting standards for employment district (ED).

A. Small Satellite Dish Antenna. No additional development standards.

B. Large Satellite Dish Antenna and Other Antenna. The development standards in GHMC 17.61.030(B) shall apply.

C. Amateur Radio Towers. The development standards in GHMC 17.61.030(C) shall apply.

D. Wireless Communication Facilities. The development standards of GHMC 17.61.030(D) shall apply.

E. Broadcast and Relay Towers. The following minimum standards apply to broadcast and relay towers:

1. Location. Broadcast and relay towers are restricted to employment districts west of SR-16, north of a line extending east-west from 97th Street NW and south of the Swede Hill interchange.

2. Siting on Lot. Broadcast and relay towers reviewed under this section shall not be within required building setback areas unless it is demonstrated that locating the proposed facility within the required setback area will take advantage of an existing natural or artificial feature to conceal the facility or minimize its visual impacts in any required building setback areas.

3. Height and Size. The combined height of a broadcast and relay tower and antenna shall not exceed 85 feet except when co-location is specifically provided for; then the broadcast and relay tower shall not exceed 100 feet.

4. Color. To the extent technically feasible and in compliance with safety regulations, specific colors of paint may be required to allow the broadcast and relay tower to blend better with its setting.

5. Landscaping, Screening. Any fencing required for security shall meet screening codes in the same manner as applied to screening for mechanical and service areas.

6. Signs Prohibited. Broadcast and relay towers shall not be used for the purposes of signage to display a message of any kind.

7. Co-location. Placement of a broadcast and relay tower may denied if an alternative placement of the antenna on a building or other existing structure can accommodate the communications needs. Applicants shall be required to provide documentation that reasonable efforts to identify alternative locations were made.

8. Future Co-location Accommodation. Owners and operators of a proposed broadcast and relay tower shall provide information regarding the opportunity for the co-location of other antenna and related equipment. If feasible, provision for future co-location may be required.

9. Federal Requirements. All towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If those standards and regulations are changed, then wireless service providers governed by this chapter shall bring their towers and antennas into compliance with the revised standards and regulations within three months of their effective date or the timelines provided by the revised standards and regulations, whichever is longer. The revised standards and regulations are not retroactively applicable to existing providers, unless otherwise provided by federal law. Failure to bring towers and antennas into compliance with the revised standards and regulations shall constitute grounds for the city to remove a provider’s facilities at the provider’s expense.

10. Building Codes, Safety Standards. To ensure the structural integrity of towers, antennas and facilities, the applicant/owner shall ensure that they are maintained in compliance with standards contained in the applicable city building codes and the applicable standards for towers published by the Electronic Industry Association (EIA), as amended from time to time. If, upon application for a building permit or inspection, the city concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring the tower into compliance with such standards. If the owner fails to bring the tower into compliance within 30 days, the city may remove the tower at the owner’s expense.

11. Structural Design. Towers shall be constructed to Electronic Industry Association Standards, which may be amended from time to time, and to all applicable codes adopted by the city. Further, any improvements or additions to existing towers shall require submission of site plans stamped by a professional engineer which demonstrate compliance with EIA Standards and all other applicable industry practices. The plans shall be submitted and reviewed at the time applications for building permits are submitted.

12. Abandonment, Disrepair. All broadcast and relay towers shall be removed by the facility owner within 12 months of the date they cease to be operational, or if the facility falls into disrepair and is not maintained. Disrepair includes structural features, paint, landscaping, or general lack of maintenance which could result in safety or visual impacts. (Ord. 771 § 12, 1997).

17.61.060 Special exceptions.

A. Purpose. An applicant may apply for a special exception where the strict application of the standards for the specific type of facility would result in the obstruction or inability to receive a communication signal.

B. Complete Application. An application for a special exception is processed under the same permit type as the underlying permit. A complete application for a special exception shall consist of:

1. A completed application form as required by the city planning and building services department.

2. The applicant for a special exception shall demonstrate that the proposed material, shape and color of the antenna will minimize negative visual impacts on adjacent or nearby residential uses to the greatest extent possible. The use of certain materials, shapes and colors may be required in order to minimize visual impacts.

3. The required application fee.

4. A written statement which satisfactorily demonstrates that all of the special exception criteria have been met.

C. General Criteria. Each determination granting a special exception shall be supported by written findings of fact and conclusions demonstrating that all of the following general criteria and all specific criteria in subsection D of this section have been met:

1. The applicant has demonstrated that strict application of this code would result in an inability to receive a signal or to effectively provide telecommunications services, and that this is the result of factors beyond the control of the applicant; and,

2. The proposed material, shape and color of the antenna will minimize visual impacts on neighboring properties to the greatest extent possible; and,

3. Where appropriate, the applicant has demonstrated that the antenna will allow co-location for additional antennas and/or/telecommunication facilities.

D. Special Exception Criteria for Specific Facilities. In addition to the applicant’s submission of materials described in subsection B above, a special exception may only be granted in accordance with the following criteria:

1. Large Satellite Dish Antenna and Other Antenna – Special Exceptions.

a. Residential Zones.

i. Modifications to requirements for setbacks, size, screening and maximum height may be considered by special exception.

ii. If a special exception is requested from the height limit for a ground-mounted dish, the height of the dish shall be limited to a maximum of 18 feet above the existing grade.

iii. A rooftop location shall only be considered if the requirements of this chapter would result in reception blockage. If a special exception is sought to obtain a rooftop location, the diameter of the dish shall be limited to six feet and a maximum permitted height of 15 feet above the roofline. The approval authority may require the applicant to place the antenna in an area of the roof which takes into consideration view blockage and aesthetics, provided reception is available.

b. Commercial and Employment Districts.

i. Ground-Mounted Antenna. Exceptions to be first considered shall be from setback, landscape and service area requirements, size and screening requirements. Only if these waived regulations would still result in reception blockage shall a special exception from height requirements be considered. If a special exception is sought to vary from the height limit, the height of the dish shall be limited to a maximum of 20 feet above the existing grade.

ii. Roof-Mounted Antenna. The first exception to be considered shall be the center of the roof requirement; the second exception shall be from the size and screening requirements, respectively. Only if these waived regulations would still result in the blockage of an electromagnetic signal, shall a special exception from height requirements be considered. A special exception from the height limit shall be allowed up to a maximum of 20 feet above the existing or proposed structure. The approval authority may require the applicant to place the antenna in an area on the roof which takes into consideration view blockage and aesthetics, provided there is a useable signal and structural considerations allow the alternative placement.

2. Amateur Radio Towers – Special Exceptions. Residential Zones – Where a property owner desires to vary from the height, location or setback limitations, the special exception criteria must be met.

3. Wireless Communications Facilities – Special Exceptions.

a. Residential Zones. An applicant for a proposed wireless facility that exceeds the height limit shall meet the special exception criteria.

b. Commercial and Industrial Zones. An applicant for a proposed wireless facility that exceeds the height limit shall meet the special exception criteria.

4. Broadcast and Relay Towers – Special Exceptions.

a. Commercial and Employment Districts. An applicant for a proposed broadcast and relay tower that exceeds height limits shall be required to obtain a conditional use permit under GHMC 17.64.046. (Ord. 771 § 12, 1997).

17.61.070 Review by independent consultant – Third party review.

A. Wireless service providers use various methodologies and analyses, including geographically based computer software, to determine the specific technical parameters of their services and low power mobile radio service facilities, such as expected coverage area, antenna configuration, topographic constraints that affect signal paths, etc. In certain instances, a third party expert may need to review the technical data submitted by a provider. The city may require a technical review as part of the permitting process. The costs of the technical review shall be paid by the provider.

The selection of the third party expert may be by mutual agreement between the provider and the city, or, at the discretion of the city, with a provision for the provider and interested parties to comment on the proposed expert and review his/her qualifications. The expert review is intended to address interference and public safety issues and be a site-specific review of technical aspects of the facilities or a review of the provider’s methodology and equipment used. The expert review is not intended to be a subjective review of the site which was selected by the provider. Based on the results of the expert review, the city may require changes to the provider’s application. The expert review shall address the following:

1. The accuracy and completeness of submissions;

2. The applicability of analysis techniques and methodologies;

3. The validity of the conclusions reached; and

4. Any specific technical issues designated by the city. (Ord. 771 § 12, 1997).