22.38.210 Small wireless facility application review procedure.
A. Permitted Locations. In any zone, upon application for a small wireless permit, the city will permit small wireless deployment conforming to the city’s generally applicable siting, development and design, and concealment standards in AMC 22.38.250 except as provided in subsection B of this section.
B. Installments on New Poles or in Design Zones. Small wireless facilities proposed on new noncity-owned poles, or replacement poles, or in design zones shall comply with the design and concealment standards in AMC 22.38.270.
C. Eligible Facilities Requests. Small wireless facilities may be expanded pursuant to an eligible facility request so long as the expansion:
1. Does not defeat concealment elements specifically designated as stealth techniques;
2. Incorporates the aesthetic elements required as conditions of approval set forth in the original small wireless facility approval in a manner consistent with the rights granted an eligible facility; and
3. Does not exceed the conditions of a small wireless facility as defined by 47 CFR 1.6002(l).
D. Review of Facilities. Review of the site locations proposed by the applicant shall be governed by the provisions of 47 USC 253 and 332 and other applicable statutes, regulations and case law. As applicable, applicants for franchises and the small wireless facility permits shall be treated in a competitively neutral and nondiscriminatory manner with other service providers, utilizing supporting infrastructure which is functionally equivalent; that is, service providers whose facilities are similarly situated in terms of structure, placement, or cumulative impacts. Small wireless facility permit review under this chapter shall neither prohibit nor have the effect of prohibiting the ability of an applicant to provide telecommunications services.
E. Final Decision. The director shall review and make a determination on all applications to site small wireless facilities, consistent with this chapter as well as other applicable code provisions and the siting and design standards in AMC 22.38.250 through 22.38.270. The director’s decision shall be final.
F. Withdrawal. Any applicant may withdraw a small wireless facility permit application at any time, provided the withdrawal is in writing and signed by all persons who signed the original application or their successors in interest. When a withdrawal is received, the application shall be deemed null and void. If such withdrawal occurs prior to the director’s decision, then reimbursement of fees submitted in association with said application shall be prorated to withhold the amount of city costs incurred in processing the application prior to time of withdrawal. If such withdrawal is not accomplished prior to the director’s decision, there shall be no refund of all or any portion of such fee.
G. Supplemental Information. Failure of an applicant to provide additional information as requested pursuant to AMC 22.38.200 by the director within sixty days of notice by the director shall be deemed a denial of that application, unless an extension period has been approved by the director. (Ord. 1189-21 § 2 (Exh. A), 2021).