Chapter 17.136
WIRELESS COMMUNICATION FACILITIES
Sections:
17.136.030 General provisions.
17.136.050 Location considerations.
17.136.060 Application requirements.
17.136.090 Development standards for wireless communication facilities.
17.136.110 Independent technical review of wireless communication facilities applications.
17.136.120 Wireless communication facilities removal.
17.136.010 Purpose.
The purpose of this chapter is to set forth the regulations for the placement, development, permitting, and removal of wireless communication facilities, including support structures and antennas. Among the purposes included are to:
A. Minimize potential adverse visual, aesthetic, and safety impacts of wireless communication facilities.
B. Establish objective standards for the placement of wireless communication facilities.
C. Ensure that such standards allow competition and 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 environments where possible.
E. Encourage the location of large scale wireless communications support structures first in nonresidential areas.
F. Encourage the collocation or attachment of wireless communications antennas on existing support structures to help minimize the total number and impact of such structures throughout the community. (Ord. 19-03 § 1 (part), 2019)
17.136.020 Definitions.
For the purpose of this chapter, the following terms, phrases, words, and abbreviations shall have the meanings given herein, unless otherwise expressly stated. Words not defined herein shall be given the meaning set forth in Title 47 of the United States Code, as amended. Words not otherwise defined shall have their common and ordinary meaning:
A. “Antenna” means any exterior apparatus designed for telephonic, radio, data, Internet or other communications through the sending and/or receiving of radio frequency signals including, but not limited to, equipment attached to a tower, utility pole, building or other structure for the purpose of providing wireless services.
B. “Antenna height” means the vertical distance measured from average building elevation to the highest point of the antenna or, if on a rooftop or other structure, from the top of the roof or structure to the highest point of the antenna.
C. “Antenna support structure” means a freestanding structure or device specifically designed, constructed and/or erected to support a WCF antenna and may include, but is not limited to, a monopole or guy-wire support tower. Antenna support structure does not include attachment support structures, nor a preexisting utility pole not built for the sole or primary purpose of supporting any FCC-licensed or FCC-authorized antenna.
D. “Applicant” means any person or corporation submitting an application for a wireless communication facility.
E. “Base station” means a structure or equipment at a fixed location that enables FCC-licensed or FCC-authorized communications between user equipment and a communications network. The term does not encompass a tower as defined herein or any equipment associated with a tower. Base station includes, without limitation:
1. Equipment associated with wireless communications services such as private, broadcast, and public safety services as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
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 the city under this chapter, supports or houses equipment described in subsections (E)(1) and (2) of this section 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.
F. “City” means the city of Battle Ground, a municipal corporation of the state of Washington in its present incorporated form or in any later recognized, consolidated, enlarged or reincorporated form.
G. “City council” means the present governing body of the city of Battle Ground or any future board constituting the legislative body of the city of Battle Ground.
H. “City property” means any real property owned by city, whether in fee or other ownership estate of interest.
I. “Co-location” or “collocation” means the location of wireless communication facility antenna(s) serving more than one wireless communication service provider on a single support structure or attachment support structure. When used in the context of an eligible facilities request, “collocation” means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communication purposes.
J. “Design zone” means the downtown commercial zone and any undergrounded area of the city.
K. “Director” means the community development director or his or her designee.
L. “Eligible facilities request” means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station involving:
1. Collocation of new transmission equipment;
2. Removal of transmission equipment; or
3. Replacement of transmission equipment.
M. “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.
N. “Equipment structure” means a facility, shelter, cabinet or vault used to house and protect electronic or other associated equipment necessary for processing wireless communications signals. “Associated equipment” may include, for example, air conditioning, backup power supplies and emergency generators.
O. “Existing” means 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 the purposes of this definition.
P. “FCC” or “Federal Communications Commission” means the federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level.
Q. “Macro facility” is a wireless communication facility other than a small wireless facility.
R. “Person” includes corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies, other entities, and individuals.
S. “Public right-of-way” or “right-of-way” means land acquired or dedicated for public roads and streets but does not include:
1. State highways;
2. Land dedicated for roads, streets, and highways not opened and not improved for motor vehicle use by the public;
3. Structures, including poles and conduits, located within the right-of-way;
4. Federally granted trust lands or forest board trust lands;
5. Lands owned or managed by the State Parks and Recreation Commission; or
6. Federally granted railroad rights-of-way acquired under 43 USC 912 and related provisions of federal law that are not open for motor vehicle use.
T. “Service provider” is defined in accord with RCW 35.99.010(6). Service provider shall include those infrastructure companies that provide telecommunications services or equipment to enable the deployment of personal wireless services.
U. “Small wireless” and “small wireless facility” shall have the same meaning as a “small wireless facility” as set forth in 47 CFR 1.6002. Small wireless facilities are regulated by Chapter 12.130 BGMC.
V. “State” means the state of Washington.
W. “Structure” means a pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or commingled with other types of services).
X. “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 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;
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 base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets that are more than ten 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.
Y. “Telecommunications service” means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means for hire, sale, or resale to the general public. For the purpose of this subsection, “information” means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols. For the purpose of this chapter, telecommunications service excludes the over-the-air transmission of broadcast television or broadcast radio signals.
Z. “Tower” means any structure built for the sole or primary purpose of supporting any FCC-licensed or FCC-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.
AA. “Transmission equipment” means equipment that facilitates transmission for any FCC-licensed or FCC-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.
BB. “Underground facilities” means utility and telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for overhead facilities.
CC. “Unified enclosure” means a small wireless facility providing concealment of antennas and equipment within a single enclosure.
DD. “Utility facilities” means the plant, equipment, and property including, but not limited to, the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within rights-of-way and used or to be used for the purpose of providing utility services or telecommunications services including telecommunications facilities.
EE. “Utility pole” means a structure designed and used primarily for the support of electrical wires, telephone wires, television cable, traffic signals, or lighting for streets, parking areas, or pedestrian paths.
FF. “Washington Utilities and Transportation Commission” or “WUTC” means the state administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers in the state of Washington to the extent prescribed by law.
GG. “Wireless communication facilities” (“WCF”) 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 one or more antennas, an antenna support structure or attachment support structure, and an equipment enclosure. WCF does not include small wireless facilities. (Ord. 19-03 § 1 (part), 2019)
17.136.030 General provisions.
A. Wireless telecommunication facilities shall not be considered nor regulated as essential public facilities.
B. Wireless telecommunication facilities located outside of the public right-of-way may be either a primary or a secondary use. A different use of an existing structure on the same lot shall not preclude the installation of a wireless telecommunication facility. (Ord. 19-03 § 1 (part), 2019)
17.136.040 Applicability.
A. Wireless telecommunication facilities shall be permitted through Type II review process in BGMC 17.200.065, as modified in BGMC 17.136.080, and by the location priority in BGMC 17.136.050; provided, however, that:
1. Small wireless facilities are regulated in Chapter 12.130 BGMC; and
2. Lattice towers are prohibited uses in every zone.
B. The following are exempt from the provisions of this chapter:
1. Wireless communication facilities utilized by a governmental agency for governmental purposes and not for resale or lease to the public within its area of jurisdiction.
2. Amateur radio towers and antenna arrays to the full extent necessary to entitle the holder of the license to utilize the rights granted by the Federal Communications Commission; provided, that this exemption applies only if an antenna and supporting structure which must be greater than thirty-five feet in height in order for the full enjoyment of licensed activity is of a telescoping or crank-up configuration and which, when not in use, is fully retracted to a level at or below thirty-five feet in height.
3. Television antennas, television dish antenna array, and similar small-scale communication antenna array less than ten feet in height as measured from the base, ground level, or roof/structure to which the antenna is attached. (Ord. 19-03 § 1 (part), 2019)
17.136.050 Location considerations.
The location priority for new wireless communication facilities other than small cell facilities in the public right-of-way shall be in the following order:
A. In all zoning districts, collocate on existing wireless communication facilities.
B. In all zoning districts, collocate antennas on utility structures (i.e., power poles) or other existing buildings and structures, such as water towers or ballfield light standards.
C. Place new wireless communication facilities in the industrial zoning district. If the location in the industrial zoning district is not technically feasible as demonstrated by an alternative sites evaluation prepared by the applicant, which may be subject to independent review pursuant to BGMC 17.136.110 as requested by the city, then the applicant shall locate facilities according to the following hierarchy:
1. First in the regional commercial and community commercial district;
2. Next in the mixed use and neighborhood commercial district;
3. Next in the airpark district, but only when the facilities can be located in accordance with federal law and regulation;
4. Next in a residential district on property in use for other than residential such as a church or public use facility; and
5. If no other site is available and suitable to close the gap in coverage, in the downtown commercial zone.
D. Place new wireless communication facilities within the other zoning districts only when collocating or an applicant has demonstrated that:
1. Denial of the permit would effectively prohibit service in violation of 47 USC 253 and 332.
2. Alternative facilities or sites in higher priority areas have been investigated and determined not to be technically feasible, as demonstrated by an alternative sites evaluation prepared by the applicant. The application shall be submitted to the city for review pursuant to a conditional use permit considered under the provisions of Chapter 17.148 BGMC.
E. In the event any of the above referenced zoning districts are later amended or eliminated, the remainder of this location consideration hierarchy shall remain in full force and effect. (Ord. 19-03 § 1 (part), 2019)
17.136.060 Application requirements.
In addition to other applicable requirements, applications shall include the following:
A. Site and landscape plans drawn to scale, including the location of existing structures, trees, and other significant site features; proposed color of the facility; method of fencing; finished color and, if applicable, the method of camouflage and illumination.
B. A report including description of the facility with technical reasons for its design.
C. Documentation establishing the structural integrity for the facility’s proposed use.
D. The general capacity of the tower and information necessary to assure that ANSI standards are met.
E. A statement of intent on whether the excess space on the facility will be leased.
F. Proof of ownership of the proposed site or authorization to utilize it.
G. Copies of any necessary easements.
H. An analysis of the area containing existing topographical contours.
I. Photo simulations of the proposed facility from affected properties and public rights-of-way at varying distances.
J. When seeking to locate under BGMC 17.136.050(D), an alternative sites evaluation outlining all potential sites investigated, including at a minimum all priority locations as listed in this chapter. The evaluation shall address how collocating on all existing wireless facilities within a one-mile radius, or locating on other facilities or structure/building locations within one-half-mile radius of the proposed facility location, does not satisfy the operational requirements of the application. The city may retain, at the applicant’s expense, an independent consultant to review the alternative sites evaluation submitted by the applicant. (Ord. 19-03 § 1 (part), 2019)
17.136.070 Review process.
Applications for wireless communication facilities will be processed under the Type II process described in BGMC 17.200.065, as modified in BGMC 17.136.080. (Ord. 19-03 § 1 (part), 2019)
17.136.080 Timelines.
The city adopts the following time limits for review of applications for wireless communication facilities and other approvals for service providers of telecommunication services.
A. New Wireless Communication Facilities Other Than Small Wireless Facilities. See BGMC 12.130.070 for processing timelines for small wireless facilities. Within one hundred fifty days of the date on which an applicant submits an application seeking approval under this chapter, the director shall approve the application unless he/she determines that the application does not meet the requirements of this chapter.
B. Eligible Facilities Request. Within ninety days of the date on which an applicant submits an application seeking approval under this chapter, the director shall approve the application unless he/she determines that the application does not meet the requirements of this chapter.
C. Tolling of the Time Frame for Review. The ninety- or one-hundred-fifty-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. Tolling for incompleteness occurs as follows:
1. To toll the time frame for initial incompleteness, the director shall provide written notice to the applicant within thirty days of receipt of the application, clearly and specifically delineating all missing documents or information required in the application. When such notification occurs in the thirty-day time frame then the ninety- or one-hundred-fifty-day time frame stops where it leaves off.
2. The time frame for review begins running again when the applicant makes supplemental submission in response to the director’s notice of incompleteness.
3. Following a supplemental submission, the director will notify the applicant within ten 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. When such notification occurs in the ten-day time frame then the ninety- or one-hundred-fifty-day time frame stops where it leaves off. Second or subsequent notice of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.
D. Failure to Act. In the event the director fails to approve or deny a request for a wireless communication facility 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.
E. Remedies. Both the applicant and the city may bring claims related to Section 6409(a) of the Spectrum Act to any court of competent jurisdiction. (Ord. 19-03 § 1 (part), 2019)
17.136.090 Development standards for wireless communication facilities.
A. The following criteria shall be applied in approving, approving with conditions, or denying wireless communication facilities. The criteria shall be applied by staff in administrative review of a facility proposed.
1. Visual Impact.
a. Wireless communication facilities, including equipment enclosures, shall be sited and designed to minimize adverse visual impacts on surrounding properties and the traveling public to the greatest extent possible, consistent with the proper functioning of the wireless communication facility. Wireless communication facilities and equipment enclosures shall be integrated through location and design to blend in with the existing characteristics of the site. Existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the site to the surrounding area.
b. A site development plan shall be submitted showing at a minimum the location, size, screening and design of all wireless communication facility structures and enclosures, including fences, and the location, number, and species of all proposed landscaping.
c. Wireless communication facilities in any zoning district shall be consistent with the design standards, if any, which have been adopted for the district.
2. Height.
a. The height of an attached wireless communication facility shall not exceed the greater of (i) the maximum building height allowed for the underlying zoning district, or (ii) the height of the structure to which it is attached or which it replaces; provided, that in no event shall the wireless communication facility add more than fifteen feet of height to the existing structure, except as otherwise provided in subsection (A)(4)(a) of this section.
b. The height of freestanding wireless communication facilities shall not exceed:
i. Sixty feet in the commercial districts, residential districts and mixed-use districts; and
ii. One hundred feet in the light industrial and employment campus districts and the airpark district; provided, however, that any facility in the airpark district must comply with federal law and regulations governing air traffic and safety.
3. Setbacks.
a. Freestanding wireless communications support structures located in any district shall be set back from any property line of an abutting residential use or district by a distance equal to the height of the wireless communications support structure, or the setback of the underlying district, whichever is greater.
b. Setbacks for freestanding wireless communications support structures shall be measured from the ground-level base of the structure.
c. The setback in any district may be reduced by means of a Type I review if the applicant can demonstrate that:
i. Reduction in the setback increases the screening opportunities between the facility and abutting residential and other uses, for example, by placement behind tall trees, in tree groves, behind buildings or near other tall elements; and
ii. The reduction in setback allowed is the minimum required to achieve increased visual screening of the facility from abutting residential uses.
4. Utility Support Structures. Where the wireless communication facility is attached to a utility support structure:
a. The existing structure may be removed and replaced with a new structure so long as the replacement structure is no more than twenty feet taller than the existing structure, and is located within ten feet of the existing structure (measured from the center point of the existing structure to the center point of the replacement structure) and is of a color that blends with the existing surroundings; and
b. Wireless communication facility transmission and power cables and any other conduit shall be contained within the support structure or placed underground.
5. Equipment Enclosures. Equipment enclosures shall comply with the following criteria in addition to the visual impact criteria set out in subsection (A)(1) of this section:
a. Equipment enclosures shall be located within buildings or placed underground wherever feasible.
b. When equipment enclosures cannot be located in buildings or underground, they shall be:
i. Designed to blend in with existing surroundings, using compatible or neutral colors and/or vegetative or other screening at least as tall as the enclosure;
ii. Consistent with relevant design standards for the underlying zoning district;
iii. Located to be as unobtrusive as possible consistent with proper functioning of the WCF; and
iv. Designed as the minimum size necessary to support operation of the wireless communication facility.
c. Equipment enclosures on a lot must meet all applicable setbacks for the underlying zoning district and be situated at least twenty-five feet from any public right-of-way, except on specific sites that are expressly reserved, in a plat thereof, for utility easements.
d. No noise shall be permitted to escape from equipment enclosures in excess of that permitted by Chapter 173-60 WAC.
6. Antenna Design. Any wireless communication facility antenna(s) shall be either:
a. A whip antenna attached to a building;
b. Flush mounted within six inches of a utility support structure;
c. Contained within a canister that is a continuation of a utility support structure or antenna support structure; or
d. Flush mounted within twelve inches of the face of the building, mechanical equipment screening, or antenna support structure. The antenna(s) shall be painted to match the material to which they are attached, except that whip antenna arrays shall be painted a light color.
7. Security Fencing.
a. Not to exceed six feet in height;
b. Be screened from view through the use of appropriate landscaping materials; and
c. If it is a chain-link fence, be camouflaged with appropriate techniques and painted or coated with a nonreflective color.
8. Provision for Future Collocation. Applicants shall provide information regarding the opportunity for the collocation of other antenna(s) and related equipment. Where technically feasible, and where opportunities for smaller wireless communication facilities with fewer impacts are limited due to topography, lack of existing above-ground structures or other circumstances, provision for future collocation may be required.
9. RF Certification. The applicant shall submit a sworn affidavit signed by an RF engineer with knowledge of the proposed project affirming that the wireless communication facility will be compliant with all FCC and other governmental regulations in connection with human exposure to radio frequency emissions for every frequency at which the wireless communication facility will operate. If facilities necessary to the wireless communication facility are to be provided by a third party, then the RF certification shall be provided by the third party. If such facilities will emit RF emissions, this additional RF certification shall address the cumulative impact of the RF emissions and certify compliance with federal requirements. The applicant or grantee shall immediately remove any facilities that exceed FCC RF emissions requirements. A modification of the facility by an eligible facilities request requires a new RF certification. The city recognizes that the Federal Telecommunications Act of 1996 gives the Federal Communications Commission sole jurisdiction in the field of regulation of radio frequency emissions and wireless communication facilities that meet FCC standards shall not be conditioned or denied on the basis of RF impacts.
B. Collocation of Facilities. All new freestanding wireless communication facilities shall be designed to accommodate collocation of at least two additional carriers. Further, an approved wireless telecommunication provider cannot deny a wireless provider the ability to collocate on an approved facility at a fair market value or at another cost agreed to by the affected parties.
C. Discontinuation of Use. Any wireless communication facility that is no longer needed and its use is discontinued shall be reported immediately by the service provider to the city. Discontinued facilities shall be completely removed by the service provider or the property owner within six months from the time of discontinuance, consistent with the requirements of BGMC 17.136.120. (Ord. 19-03 § 1 (part), 2019)
17.136.100 Maintenance.
A. All wireless communication facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate wireless communication facilities.
B. The site and the wireless communication facilities, including all landscaping, fencing and related transmission equipment, must be maintained at all times in a neat and clean manner and in accordance with all approved plans.
C. All graffiti on wireless communication facilities must be removed at the sole expense of the permittee after notification by the city to the owner/operator of the wireless communication facility.
D. If any FCC, state, or other governmental license or any other governmental approval to provide communication services is ever revoked as to any site permitted or authorized by the city, the permittee must inform the city of the revocation within thirty days of receiving notice of such revocation. (Ord. 19-03 § 1 (part), 2019)
17.136.110 Independent technical review of wireless communication facilities applications.
The city may retain the services of an independent technical expert of its choice to provide technical evaluation of permit applications for WCFs. The applicant shall pay all the costs of said review. Such third-party expert review is intended to be a site-specific review of technical aspects of the WCF permit application and not a subjective review of the WCF proposal. The city reviewing authority shall consider the request when imposing conditions on approval. Nothing herein shall be interpreted to permit regulation of radio frequency emissions or interference to limit or dictate the applicant’s technological choices. (Ord. 19-03 § 1 (part), 2019)
17.136.120 Wireless communication facilities removal.
A. Owners and operators of wireless communication facilities shall provide the director with copies of any notice of intent to cease operations provided to the FCC.
B. Any antenna support structure that has not been mounted with an antenna for a period of one hundred eighty successive days, or if the antennas mounted on an antenna support structure are not operated for a period of one hundred eighty successive days, the antenna support structure shall be considered abandoned. The owner shall remove such structure and any accompanying equipment enclosure within ninety days after receipt of notice from the city to do so. If an abandoned structure and equipment enclosure are not removed in a timely manner, the city may seek and obtain a court order directing such removal and imposing a lien upon the equipment and/or 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 hearing examiner. In the event that more than one wireless communication service provider is using the support structure, then the lien on the real property shall not become effective until all users cease use of the antenna support structure.
C. Removal upon Undergrounding. A wireless communication facility shall be removed at the owner’s expense if collocated on a utility support structure that is subsequently undergrounded. No utility support structure may be maintained for the sole purpose of supporting a wireless communication facility unless a permit is obtained as provided herein. Retention of a utility support structure shall be based upon a showing that no other support structure is reasonably available, and retention of the utility structure is required to prevent an effective prohibition of service. (Ord. 19-03 § 1 (part), 2019)
17.136.130 Appeals.
Wireless communication facilities permit decisions are final Type II decisions subject to appeal per BGMC 17.200.140. Approvals relating to eligible facilities requests are Type I administrative approvals and are not subject to appeal. (Ord. 19-03 § 1 (part), 2019)
17.136.140 Permit fees.
Prior to approval of a wireless communication facility, the permittee shall pay a permit fee in an amount as determined by the city council and adopted by resolution. (Ord. 19-03 § 1 (part), 2019)