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Chapter 16.75
WIRELESS COMMUNICATIONSSections:
16.75.010 Purpose.
16.75.020 Definitions.
16.75.030 Permitted use district locations for antenna support structures (towers).
16.75.040 On-site locations of antenna support structures (towers).
16.75.050 Permitted locations of antennas to be used for wireless communications service.
16.75.060 Factors to be considered by appeal board of adjustment.
16.75.070 Antennas to which this chapter has no application.
16.75.080 Special provisions concerning antenna support structures and antennas.
16.75.090 Map or aerial photograph to be provided by all wireless communications service providers.
16.75.100 Application for permit for antennas, antenna support structures and equipment enclosures.
16.75.110 Special provisions concerning wiring and cables – Occupancy and use of right-of-way.
16.75.120 Equipment enclosures, vaults, sheds, etc.
16.75.130 Co-location of antennas and antenna support structures.
16.75.140 Interference with reception.
16.75.150 Antenna support structures – In undevelopable area.
16.75.160 Antenna support structures – Removal when no longer used.
16.75.010 Purpose.
The purpose of this chapter is to establish appropriate locations, site development standards, and permit requirements to allow for wireless communications services to the residents of the city, in a manner which will facilitate the location of various types of wireless communications facilities in permitted locations so that they are consistent with the residential character of the city, and consistent with land uses in commercial and industrial areas. The nature and location of residences, their scale (height and mass), their proximity to each other and public streets, and the extensive natural, informal landscaping all contribute to the distinctive setting of the city, and minimizing the adverse visual impact of wireless communications facilities within the city is one of the primary objectives of this chapter. This chapter, together with the provisions of the building code, the electrical code, and Chapter 12.08 LMC, is also intended to protect the public rights-of-way from excessive invasion and disruption and to permit wireless communications service providers reasonable use of such rights-of-way for the purpose of providing wireless and wired communications services. (Ord. 2659 § 1, 1997).
16.75.020 Definitions.
(1) “Alternative antenna support structures” include roofs of buildings that are 30 feet or more in height above the street grade upon which such buildings front, facades of existing buildings, bell towers, clock towers, water towers, church steeples, street light standards, traffic light and traffic structures, billboards and commercial signs, and other manmade structures and devices that extend vertically from the ground to a sufficient height or elevation to accommodate the attachment of antennas at an altitude or elevation that is commercially desirable for wireless communications signal transmission and reception.
(2) “Antenna” means a specific device the surface of which is used to receive or capture incoming and/or to transmit outgoing radio-frequency (RF) signals, microwave signals, or other communications energy transmitted from or to be received by other antennas. Antennas regulated by this chapter include the following:
(a) Omni-directional (or “whip”) antennas, designed to receive and/or transmit signals in a 360° pattern, up to 20 feet in height or length, and up to approximately five inches in diameter;
(b) Directional (or “panel”) antennas, designed to receive and/or transmit signals in a directional pattern which is less than 360°, typically an arc of approximately 120°;
(c) Parabolic (or “dish”) antennas, generally bowl-shaped devices that are designed to receive and/or transmit signals in an approximate specific direction;
(i) Microwave parabolic antennas are designed to transmit and/or receive microwave signals to or from other microwave parabolic antennas;
(ii) Satellite parabolic antennas are designed to transmit and/or receive audio and/or video or data signals from satellites orbiting the earth;
(d) Ancillary antennas are antennas that are less than 12 inches in their largest dimension and that are not directly used to provide personal wireless communications services. An example would be an antenna designed primarily to receive global positioning satellite (GPS) data;
(e) Other devices designed for the reception and/or transmission of radio-frequency (RF) signals or other communication technologies.
(3) “Antenna array” means two or more devices used for the transmission or reception of radio-frequency (RF) signals, microwave or other signals for commercial communications purposes and may include omni-directional antennas (whip), directional antennas (panel), parabolic (dish) antennas and ancillary antennas. Two or more antennas situated or mounted upon or attached to a single platform or mounting structure which is affixed or attached to the top of an antenna support structure or midway thereon, or to an alternative antenna support structure, including the roof of a flat-roofed building are included in the definition of antenna array.
(4) “Antenna support structure” means a structure or device specifically designed, constructed and/or erected for the purpose of attaching, mounting or otherwise affixing antennas at a height, altitude, or elevation which is significantly above the base of such structure. Antenna support structures include the following:
(a) “Lattice tower”, which is a vertical support structure consisting of a network of crossed metal braces, forming a tower which may be three, four, or more sided;
(b) “Monopole tower”, which is a vertical support structure consisting of a single vertical metal, concrete or wooden pole, pipe, tube or cylindrical structure, typically round or square, and driven into the ground or mounted upon or attached to a foundation.
(5) “Co-location” means the use of a single antenna support structure, alternative antenna support structure, or an underground conduit or duct, by more than one wireless communications service provider to accommodate wireless communications facilities of two or more wireless communications service providers.
(6) “Equipment enclosure” means a small structure, shelter, cabinet, box or vault designed for and used to house and protect the electronic equipment necessary and/or desirable for processing wireless communications signals and data, including any provisions for air conditioning, ventilation, or auxiliary electricity generators.
(7) “Facilities” means the plant, equipment and property, including but not limited to cables, wires, conduits, ducts, pedestals, antennas of all descriptions, electronic and mechanical equipment and devices, buildings and similar structures, used or usable in the business by which they are owned, operated or maintained.
(8) “Wireless communications facility” means an unstaffed facility for the transmission and/or reception of radio-frequency (RF), microwave or other signals for commercial communications purposes, typically consisting of an equipment enclosure, an antenna support structure or an alternative antenna support structure, and one or more antennas.
(9) “Wireless communications service” means the providing or offering for rent, sale, lease, or in exchange for other consideration, of the transmittal and reception of voice, data, image, graphic, and other information by the use of wireless communications facilities. This term includes any personal wireless services as defined in the Telecommunications Act of 1996, which includes FCC licensed commercial wireless telecommunications services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging and similar services that currently exist or that may in the future be developed.
(10) “Wireless communications service provider” means every person who provides wireless telecommunications service as a business, for rent, sale, lease, or in exchange for other consideration, through the use of wireless communications facilities, whether or not such facilities are owned by or under the control of such person. (Ord. 2659 § 1, 1997).
16.75.030 Permitted use district locations for antenna support structures (towers).
(1) Lattice towers are permitted only in the use districts described in LMC Title 19 as: M-1-A, M-1-B, M-1 and M-2.
(2) Monopole towers are permitted only in the use districts described in LMC Title 19 as: M-1-A, M-1-B, M-1, M-2, and RPD.
(3) Monopole towers may be permitted as special property uses by the appeal board of adjustment in the following locations:
(a) In any use district on land owned and managed by the city of Longview, subject to the requirements of LMC 16.75.060, 16.75.080 and 16.75.100.
(b) In any use district on land that is unplatted, undeveloped, and not reasonably suitable for development by reason of topography, subject to the requirements of LMC 16.75.060, 16.75.080 and 16.75.100.
(c) In any use district on land that is owned and managed by a governmental agency, including special districts, school districts, public utility districts, or by a church and used for church purposes, subject to the requirements of LMC 16.75.060, 16.75.080 and 16.75.100. (Ord. 2659 § 1, 1997).
16.75.040 On-site locations of antenna support structures (towers).
(1) Where permitted, guyed lattice towers shall be constructed and installed as far away from existing buildings as is reasonably possible, and in no event nearer to any public street, alley, residential structure or accessory building, railroad track, or public park than a distance which equals 115 percent or more of the vertical length of the lattice tower that is above the highest guy wire.
(2) Where permitted, monopole towers and unguyed lattice towers shall be constructed and installed as far away from existing buildings on adjoining land as is reasonably possible, and in no event within any required yard or setback area or nearer to any public street, alley, residential structure or accessory building on adjoining land, railroad track, or public park than 25 feet.
(3) The distances specified in subsections (1) and (2) shall be subject to modification by the appeal board of adjustment in accordance with LMC 16.75.060. (Ord. 2659 § 1, 1997).
16.75.050 Permitted locations of antennas to be used for wireless communications service.
(1) Antenna arrays may be mounted on the top of and attached to lattice towers and monopole towers. To accommodate and provide for co-location, antenna arrays may also be mounted midway on lattice towers and monopole towers.
(2) In all use districts described in LMC Title 19, antenna arrays may be mounted on the top of and attached to roofs of existing buildings that are 30 feet or more in height above the street grade upon which such building fronts; provided, however, that such antenna arrays shall add not more than 20 feet to the total height or elevation of such building from the street grade (including the antenna array) and antenna arrays so mounted shall be obscured from view from the street upon which such building fronts by the use of screening materials designed, painted and maintained in a manner that will blend with the appearance of the building.
(3) In all use districts described in LMC Title 19, omni-directional antennas may be included as a part of an antenna array where antenna arrays are permitted. Omni-directional antennas that are not part of an antenna array may be mounted on lattice towers, monopole towers (where such towers are permitted), on roofs of existing buildings, and on other alternative antenna support structures. Omni-directional antennas mounted on roofs of existing buildings shall not be closer than 10 feet from other omni-directional antennas mounted on the same building and shall be set back from all imaginary vertically extended sides of such building a distance that will permit screening to occur. Omni-directional antennas may be situated closer together and nearer the imaginary extended vertical sides of such buildings; provided, that they are obscured from view from the street on which the building fronts. Omni-directional antennas greater than four feet in height or length and mounted on alternative antenna support structures other than roofs of buildings shall be obscured from view and shall not be closer than 10 feet to any other omni-directional antenna mounted on the same alternative support structure.
(4) In the use districts described in LMC Title 19 as R-3, R-4, C-C, C-1, C-2, C-3, C-4, C-W, M- 1-A, M-1-B, M-1, M-2 and RPD, directional (panel) antennas may be included as a part of an antenna array, and may be so connected, mounted, attached, or located on such antenna array or platform as to achieve a 360° transmission/reception pattern. Directional (panel) antennas that are not a part of an antenna array may be mounted or erected and maintained on lattice towers, on monopole towers (where permitted), on roofs of existing buildings in the use districts described in this subsection and on the facades or sides of existing buildings if adequately obscured as determined under LMC 16.75.080; provided, however, that if mounted or erected and maintained on the roof of an existing building any such directional (panel) antenna shall be no closer than 15 feet from the imaginary vertically extended sides of such building unless adequately obscured from view from the street upon which such building fronts by use of screening materials designed, painted and maintained in a manner that will blend with the appearance of the building as provided by LMC 16.75.080. Directional (panel) antennas may be mounted on alternative antenna support structures other than roofs of existing buildings, and within the use districts described in this subsection only as special property uses approved by the appeal board of adjustment in accordance with LMC 19.12.050.
(5) Satellite parabolic (dish) antennas may not be included as a part of an antenna array mounted on an existing building except in the use districts described in LMC Title 19 as: M-1-A, M-1-B, M-1, M-2, RPD and SR. Satellite parabolic antennas and microwave parabolic antennas of wireless communications service providers may be installed, erected and maintained on the ground or on foundations without an antenna support structure in use districts described in LMC Title 19 as: M-1-A, M-1-B, M-1, M-2, and RPD. Parabolic antennas that are installed, erected and maintained on the ground shall be set back from all streets, alleys and other public ways a distance of not less than 25 feet, and shall be surrounded by an opaque fence six feet or more in height. Microwave parabolic antennas may be mounted on lattice towers and monopole towers as a part of an antenna array, or midway along such tower and not as a part of an antenna array. Satellite parabolic antennas may not be installed, erected or maintained by wireless communications service providers in any other location in the city. Microwave parabolic antennas may be installed, erected or maintained by wireless communications providers on alternative antenna support structures if they are adequately obscured and screened as determined as provided in LMC 16.75.060 and 16.75.080.
(6) In all use districts, ancillary antennas and other devices designed for the reception and/or transmission of radio-frequency (RF), microwave or other communications technology which are of a small size and easily obscured from view may be installed, erected, mounted, and maintained on lattice towers, monopole towers (where permitted), antenna arrays (where permitted), existing buildings without reference to the roof configuration, and on alternative antenna support structures; provided, however, appropriate means shall be employed to obscure such antennas and/or other devices from view by persons passing by or standing below, and the means and methods of creating such obscurity shall be as proposed by the applicant and approved by the director of community and economic development, subject to appeal to the appeal board of adjustment in accordance with LMC 19.12.060. (Ord. 2774, 2000; Ord. 2659 § 1, 1997).
16.75.060 Factors to be considered by appeal board of adjustment.
Whenever the appeal board of adjustment is authorized by this chapter to grant a special property use or a variance, or to approve means and methods or the extent of obscuring antennas, antenna support structures, or alternative antenna support structures, or to consider any variance from the requirements of this chapter, the following matters shall be considered:
(1) The existence of other antenna support structures and alternative antenna support structures that can accommodate the needs of a wireless communications service provider;
(2) The height of any proposed antenna support structure;
(3) The proximity of any proposed antenna support structure to residential structures and residential use district boundaries;
(4) The nature of uses on adjacent property;
(5) The surrounding topography;
(6) The surrounding tree coverage and foliage;
(7) The design of the proposed antenna support structure, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(8) Proposed ingress and egress;
(9) The availability of suitable existing antenna support structures for use as co-locations.
In granting any special property use permit or variance, the appeal board of adjustment may require the applicant to comply with any reasonable conditions that it deems necessary or desirable, in its sole judgment, to minimize the impact or effect of any antenna, antenna array, equipment enclosure, or the use of any alternative antenna support structure, on the area in which it is sought to be installed, constructed or erected, or used, by requiring fencing, painting, coloring, blending, disguising, camouflaging, relocating facilities on a site, or other measures that the appeal board of adjustment deems appropriate, including special construction and design. (Ord. 2659 § 1, 1997).
16.75.070 Antennas to which this chapter has no application.
The provisions of this chapter do not apply to radio or television reception antennas, satellite or microwave parabolic antennas not used by wireless communications service providers, receive-only antennas, antennas under 70 feet in height and owned and operated by a federally licensed amateur radio station operator, to any tower or antenna lawfully in existence in the city on the date that this chapter becomes effective, or to the facilities of any cable television company holding a valid and current franchise, or commercial radio and/or television broadcasting facilities. (Ord. 2659 § 1, 1997).
16.75.080 Special provisions concerning antenna support structures and antennas.
(1) The construction and installation of antenna support structures, antennas, antenna arrays, the installation or placement of antenna arrays on buildings, and the placement of antennas on alternative antenna support structures shall be subject to the requirements of the city’s building code (UBC), electrical code (NEC), the requirements of the Electronics Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard entitled “Structural Standards for Steel Antenna Towers and Antenna Supporting Structures”, and any additional standards applicable thereto published by the Electronics Industries Association.
(2) No antenna support structures shall be artificially lighted except as required by the Federal Aviation Administration or other governmental agency.
(3) There shall be no signs, symbols, flags, banners, or other devices or things attached to or painted or inscribed upon any antenna support structures, or antennas.
(4) All lattice towers and monopole towers shall be finished in a nonreflective neutral color, or otherwise as directed by the appeal board of adjustment.
(5) No antenna support structure shall be permitted to be constructed, installed or erected within 1,000 feet of any other antenna support structure that is owned, operated or occupied by the same wireless communications service provider except by special property use granted by the appeal board of adjustment, and based on engineering studies or reports stating that such location is necessary to the efficient operation of the wireless communications service of the applicant.
(6) The following conditions may be required by the director of community and economic development as a part of applicant’s building permit, subject to appeal to the appeal board of adjustment as provided in LMC 19.12.040:
(a) Special design and construction specifications to minimize visual conflicts and to provide for a blending of appearance;
(b) Painting, camouflaging, blending with surroundings;
(c) No ladder rungs on towers within 20 feet of ground;
(d) Area around base of towers and ground-mounted parabolic antennas to be fenced, six feet high, and equipment enclosure to be contained within fenced area. (Ord. 2774 § 1, 2000; Ord. 2659 § 1, 1997).
16.75.090 Map or aerial photograph to be provided by all wireless communications service providers.
All wireless communications service providers, prior to and as a condition of being granted a license to engage in business in the city of Longview, shall provide to the director of community and economic development and the city engineer of the city a map or aerial photograph showing the locations of all existing and then proposed antenna support structures, and all existing and then proposed antennas, together with the calculated geographic areas of cell and microcell coverage of all such antennas. If appropriate technology is possessed by or reasonably available to the applicant, such information shall also be provided to the city in digital format and hard copy conforming to the city’s GIS standards. Such map or aerial photograph shall be to a scale of one inch equals 100 feet or one inch equals 200 feet depending upon the Longview scale area and such map or aerial photograph shall include not only the city of Longview, but an area of one mile beyond the then boundaries of the city. Such map or aerial photograph shall be amended or updated in the event of any changes in locations of the antennas or antenna support structures depicted thereon. The locations of all antenna support structures also shall be identified by latitude and longitude. If appropriate technology is possessed by or reasonably available to the applicant, the information required on such map or aerial photograph shall also be provided in a format that is compatible with and that can be electronically transferred into the data of the city’s GIS system; provided, that in the event that the information required by this section constitutes a business or trade secret, or is proprietary information and the provider desires to protect such information against disclosure, then the provider shall provide said information to the city in a separate envelope marked “confidential,” and the city shall make good faith efforts to protect the confidentiality of the business or trade secrets or proprietary information that is designated as such; provided, further, that (a) in the event that a public disclosure request is made for information so marked, and if the city attorney determines that said information may be subject to being disclosed, or (b) enforcement of any provision of this chapter, or in the exercise of its police or regulatory powers, then the city shall notify the provider of the provider’s opportunity to seek a protective order from a court having jurisdiction. In the event that a protective order is not obtained or sought within 30 days or shorter time limit as set by state law, then the city may disclose said information. The provider shall be obligated to reimburse the city for all costs, damages and attorneys’ fees that are incurred by it in protecting such information from disclosure. (Ord. 2774 § 1, 2000; Ord. 2659 § 1, 1997).
16.75.100 Application for permit for antennas, antenna support structures and equipment enclosures.
All applications for permits to construct, install or erect antenna support structures or equipment enclosures, or to install, mount or erect antennas or antenna arrays on existing buildings or on other alternative antenna support structures shall be subject to the following:
(1) A building permit is required under the UBC and is issued by the community and economic development department;
(2) An electrical permit is required under the NEC and is issued by the community and economic development department;
(3) Payment of all permit fees, plan check fees and inspection fees;
(4) Proof of ownership of the land upon which an antenna support structure is proposed to be constructed, installed or erected, or copy of an appropriate easement, lease, or rental agreement;
(5) Proof of ownership of the alternative antenna support structure upon which an antenna or antenna array is proposed to be erected, mounted or attached, or a copy of an appropriate lease or rental agreement;
(6) Proof of ownership of the land upon which an equipment enclosure is proposed to be constructed, installed or erected, or a copy of an appropriate easement, lease or rental agreement;
(7) A map, drawing or aerial photo showing all existing antenna support structures and alternative antenna support structures in the city and within one mile of the city, used by the applicant, or then planned to be used by the applicant within 24 months, together with sufficient detail to be placed on city’s GIS data system;
(8) A scaled plan and a scaled elevation view and other supporting drawings, calculations and other documentation showing the location and dimensions of the relevant antenna support structure, alternative antenna support structure, antenna array, antennas, equipment enclosures and any and all other devices and attachments, including electrical wiring, cable, wire or other connective materials to and from the antennas to the equipment enclosure, and to and from the equipment enclosure to any existing or proposed wires, cables or other connective devices, including conduit and ducts, whether owned, operated or managed by the applicant, or by others, and a statement identifying the owner, operator or manager of any wires, cables or other connective devices that enter or exist on or along any public street or right-of-way;
(9) If the application involves the placement of an antenna or an antenna array on a building that is listed in the Longview register of historic places, no permit to construct, install or erect antenna support structures or equipment enclosures, or to install, mount or erect antennas or antenna arrays on existing buildings or on other alternative antenna support structures shall be issued without the prior approval of the Longview historic preservation commission. (Ord. 2774 § 1, 2000; Ord. 2659 § 1, 1997).
16.75.110 Special provisions concerning wiring and cables – Occupancy and use of right-of-way.
No use or occupancy of any street, alley or public right-of-way for wireless communications services shall hereafter be permitted without a permit therefor, issued under the provisions of Chapter 12.08 LMC. (Ord. 2659 § 1, 1997).
16.75.120 Equipment enclosures, vaults, sheds, etc.
All equipment enclosures, shelters, cabinets, boxes or vaults designed for and used to house and protect the electronic equipment necessary and/or desirable for processing wireless communications signals and data, including any provisions for air conditioning, ventilation, or auxiliary electricity generators, shall be placed in close proximity to the antenna support structure, alternative antenna support structure, antenna array, or antenna to which it is connected, and shall be located so as to be obscured from view by being placed among or surrounded by trees, shrubs, fences, or other structures. Such enclosures shall be kept locked at all times and shall be clearly labeled as to the owner, operator or a person to be contacted in the event of an emergency.
Equipment enclosures containing electronic equipment that is directly connected by wire or cable with or to antennas that are located on public property, in the public right-of-way, or along any street or alley shall not be placed or maintained in the public right-of-way except on specific sites that are expressly reserved, in a plat thereof, for utility easements. Equipment enclosures that are not placed in such utility easements shall be placed and situated at least 25 feet from any public right-of-way, and shall be enclosed within a fence at least six feet in height, and no noise shall be permitted to escape from such equipment enclosures in excess of that permitted by Chapter 173-60 WAC, except in emergency situations where electricity generators are temporarily in used. (Ord. 2659 § 1, 1997).
16.75.130 Co-location of antennas and antenna support structures.
All antenna support structures shall be available for use by the owner or initial user thereof, together with as many other wireless communications service providers as can be technically accommodated. No new antenna support structure shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the director of community and economic development and/or the appeal board of adjustment that no existing antenna support structure, alternative antenna support structure, or alternative technology that does not require the use of towers or structures can accommodate the applicant’s need for an antenna or antenna array at the site of the applicant’s proposed location. An applicant shall submit information requested by the director of community and economic development relating to the availability of suitable existing antenna support structures, alternative antenna support structures, or alternative technology. Evidence submitted to demonstrate such facts may consist of the following:
(1) That no existing antenna support structures or alternative antenna support structures are located within the geographic area which meet the applicant’s engineering requirements; and/or
(2) That existing antenna support structures and alternative antenna support structures are not of sufficient height to meet applicant’s engineering requirements; and/or
(3) That existing antenna support structures and alternative antenna support structures do not have sufficient structural strength to support applicant’s proposed antennas and related equipment; and/or
(4) That applicant’s proposed antennas would cause electromagnetic interference with the antennas on the existing antenna support structure or alternative antenna support structure, or the antennas on the existing antenna support structure or alternative antenna support structure would cause interference with the applicant’s proposed antennas; and/or
(5) That the fees, costs, or contractual provisions required by the owner in order to share an existing antenna support structure or alternative antenna support structure or to adapt an existing antenna support structure or alternative antenna support structure for co-location sharing are unreasonable. Costs exceeding new antenna support structure development are presumed to be unreasonable; and/or
(6) That there are other limiting factors that render existing antenna support structures or alternative antenna support structures unsuitable; and/or
(7) That an alternative technology that does not require the use of towers or buildings for height, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new antenna support structure development shall not be presumed to render the technology unsuitable.
All wireless communications service providers shall cooperate with other wireless communications service providers in co-locating additional antennas on antenna support structures and/or on existing buildings or other alternative antenna support structures. A wireless communications service provider shall exercise good faith in co-locating with other providers and sharing antenna sites; provided, that such shared use does not give rise to a substantial technical level impairment of the ability to provide wireless communications service. Such good faith shall include sharing of technical information to evaluate the feasibility of co-location. In the event that a dispute arises as to whether a provider has exercised good faith in accommodating other providers, the city may require a third party technical study at the expense of either or both of such providers. (Ord. 2774 § 1, 2000; Ord. 2659 § 1, 1997).
16.75.140 Interference with reception.
No antenna shall be permitted to be placed in a location where it will interfere with existing transmittal or reception of radio, television, audio, video, electronic, microwave or other signals. (Ord. 2659 § 1, 1997).
16.75.150 Antenna support structures – In undevelopable area.
The appeal board of adjustment may, as special property use, permit the construction, installation, operation and maintenance of antenna support structures in areas of the city that are not, by reason of topography, suitable for any development, regardless of the use district that is applicable to such land. Such special property permit shall be granted only in accordance with the provisions of LMC 16.75.060, 16.75.080 and 19.12.050. (Ord. 2659 § 1, 1997).
16.75.160 Antenna support structures – Removal when no longer used.
Any antenna support structure that has had no antenna mounted upon it for a period of 180 successive days, or if the antennas mounted thereon are not operated for a period of 180 successive days, shall be considered abandoned and the owner thereof shall remove such structure and any accompanying equipment enclosure within 90 days after receipt of a notice from the city to do so. During such 90 days, the owner may apply and, for good reason, be granted an extension of time on such terms as the director of community and economic development shall determine. If such structure and equipment enclosure are not so removed, the city may seek and obtain a court order directing such removal and imposing a lien upon the real property upon which such structures are situated in an amount equal to the cost of removal. Any notice given under this section is subject to appeal to the appeal board of adjustment. In the event that more than one wireless communications service provider is using the support structure, then this provision shall not become effective until all users cease using such structure. (Ord. 2774, 2000; Ord. 2659 § 1, 1997).
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