5828 GLENWOOD AVE A T AND T MOBILITY ANTENNA 2021-11-18

PLANNING DIRECTOR INTERPRETATION NO. 15-04 Existing Wireless Communication Facilities Authority: EMC 19.41.040 authorizes the Planning Director to promulgate administrative rules, procedures,and interpretations consistent with the terms of Title 19,the City of Everett Zoning Code. Background: Earlier this year,the Federal Communications Commission published its rules pertaining to FCC Order 14-153 in the federal register,codifying its new requirements regarding wireless siting policies and the implementation of Section 6409(a)of the Middle Class Tax Relief and Job Creation Act of 2012.The bulk of these rules became effective April 8,2015. Pursuant to Section 6409(a)a local government"may not deny,and shall approve,any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimension of such tower or base station."47 U.S.C.A. §1455. Requirements of local jurisdictions pertaining to the implementation of Section 6409(a)are located at 47 CFR§1.40001 and are attached to this Planning Director's Interpretation as Exhibit A. A city must act on a Section 6409(a)request within 60 days. 47 CFR 1.40001(c)(2). If a city fails to act,the request is deemed granted upon written notification from the applicant that the application has been deemed granted.' 47 CFR 1.40001(c)(4). Section 6409(a)is a federal law and as such it preempts any local law or regulation. The Everett Zoning Code requires antennas associated with communications facilities,being located on an existing or replacement tower or structure in or within 300 feet of residential zones,be approved pursuant to review process 11.2 Everett Municipal Code("EMC") 41.150.D.1.b.2. Review Process II,in almost all cases,would not provide the City with 'The 60 day period may be tolled by mutual agreement or if a city determines the application to be incomplete. A city must provide written notice to an applicant that the application is incomplete within 28 days of its receipt of the application. 2 EMC 41.150.D1.b.2,states in relevant part, Antennas associated with above ground utility or communications facilities shall be located on existing or replacement towers or structures to the maximum extent technically feasible to discourage the proliferation of tower structures. When proposed to be located on an existing or replacement utility or communications structure or other nonresidential structure in a residential zone,Review Process II shall be required. Planning Directors Interpretation Page-1 e PDI 15-04 d..