Chapter 18.11
ELIGIBLE FACILITIES REQUESTS1

Sections:

18.11.010    Definitions.

18.11.020    Application.

18.11.030    Qualification as an eligible facilities request.

18.11.040    Time frame for review.

18.11.050    Tolling of the time frame for review.

18.11.060    Determination that application is not an eligible facilities request.

18.11.070    Failure to act.

18.11.080    Enforcement.

18.11.010 Definitions.

The following definitions shall apply to eligible facilities requests only as described in this chapter:

A. “Base station” means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein nor any equipment associated with a tower. Base station includes, without limitation:

1. Equipment associated with wireless communications services as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

2. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems (“DAS”) and small wireless networks).

3. Any structure other than a tower that, at the time the relevant application is filed (with jurisdiction) under this section, supports or houses equipment described in subparagraphs A.1 and A.2 of this subsection that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.

4. The term does not include any structure that, at the time the eligible facilities request application is filed with the city, does not support or house equipment described in subparagraphs A.1 and A.2 of this subsection.

B. “Co-location” means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communication purposes.

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

1. Co-location of new transmission equipment;

2. Removal of transmission equipment; or

3. Replacement of transmission equipment.

D. “Eligible support structure” means any tower or base station as defined in this section; provided, that it is existing at the time the relevant application is filed with the city.

E. “Existing.” A constructed tower or base station is existing if it has been reviewed and approved under the applicable zoning or siting process, or under another state 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.

F. “Substantial change” means a modification substantially changes 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 10 percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10 percent or more than 10 feet, whichever is greater;

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 20 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 10 percent larger in height or overall volume than any other ground cabinets associated with the structure;

4. It entails any excavation or deployment outside the current site;

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

6. 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 above.

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

H. “Transmission equipment” means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. (Ord. 2019-15 § 7, 2019)

18.11.020 Application.

The director shall prepare and make publicly available an application form used to consider whether an application is an eligible facilities request. The application may not require the applicant to demonstrate a need or business case for the proposed modification. Prior to the issuance of an eligible facilities request permit, the applicant shall pay a permit fee in an amount as determined by the city council and adopted by resolution. (Ord. 2019-15 § 7, 2019)

18.11.030 Qualification as an eligible facilities request.

Upon receipt of an application for an eligible facilities request, the director shall review such application to determine whether the application qualifies as an eligible facilities request. (Ord. 2019-15 § 7, 2019)

18.11.040 Time frame for review.

Within 60 days of the date on which an applicant submits an eligible facilities request application, the director shall approve the application unless it determines that the application is not covered by this chapter. (Ord. 2019-15 § 7, 2019)

18.11.050 Tolling of the time frame for review.

A. The 60-day review period begins to run when the application is filed and may be tolled only by mutual agreement by the director and the applicant or in cases where the director determines that the application is incomplete.

1. To toll the time frame for incompleteness, the director shall provide written notice to the applicant within 30 days of receipt of the application, clearly and specifically delineating all missing documents or information required in the application.

2. The time frame for review begins running again when the applicant makes a supplemental submission in response to the director’s notice of incompleteness.

3. Following a supplemental submission, the director will notify the applicant within 10 days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in this subsection. Second or subsequent notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness. (Ord. 2019-15 § 7, 2019)

18.11.060 Determination that application is not an eligible facilities request.

If the director determines that the applicant’s request does not qualify as an eligible facilities request, the director shall deny the application. (Ord. 2019-15 § 7, 2019)

18.11.070 Failure to act.

In the event the director fails to approve or deny a request for an eligible facilities request within the time frame for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the director in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted. (Ord. 2019-15 § 7, 2019)

18.11.080 Enforcement.

Compliance with the provisions of this chapter is mandatory. Any violation of this chapter shall be enforced, and penalties assessed, in accordance with Chapter 1.26 BIMC. (Ord. 2019-15 § 7, 2019)


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Code reviser’s note: Ord. 2019-15 (passed May 14, 2019) Section 11 provides in part: “This interim official control shall take effect immediately and shall remain effective for six (6) months, unless terminated earlier by the City Council. Provided, that the Council may, at its sole discretion, renew the interim official control for one or more six month periods in accordance with state law.” Ord. 2019-31 (passed October 22, 2019) Section 3 extends the duration of the interim official control until May 14, 2020. Ord. 2020-11 (passed April 28, 2020) Section 3 extends the duration of the interim official control until November 14, 2020.