Ordinance 2290-98 - Laserfiche WebLink

considering the proposed utility or communications facility, may allow a lesser setback, without having to satisfy the variance approval criteria of Section 41.130.0 of this Title (EMC 19.41.130.C), if it can be demonstrated that a lesser setback is necessary to adequately serve the needs of the public for the proposed utility or communications service, or that a lesser setback will result in better screening than in a location which meets the setbacks required herein. (8) The above ground utility or communications facility shall be removed from the site should the use for such purposes be discontinued for 120 days or more. The Planning Director shall have the discretion, upon the request of the owner of the facility, to allow an extension of this time period to allow for the use of the site by another utility or communications service provider. (9) Maintenance or replacement of existing utility or communications facilities, and the installation of new utility poles, light poles or standards, switch cabinets, pad mount transformers or other similar utility or communications facilities of a minor nature and small scale are exempt from this section. This exemption includes replacement or increased heights of not more than 20 feet to accommodate wireless telecommunications antennas. Utility and communications service providers are encouraged to locate such facilities of a minor nature and small scale on existing or replacement structures, where technically feasible, in preference to erecting new towers or structures for such purposes. (10) To the extent provided by law, the City may require utility or communications service provider to allow up to two additional service providers to be located on shared facilities to discourage the proliferation of tower structures, consistent with technological feasibility.. The Review Authority may allow an additional 20 feet in tower height per additional provider to accommodate co-location. (11) Utility or communications facilities which require towers for which safety lights are required by the FAA shall not be permitted unless the applicant demonstrates that such a facility in the proposed location and at such a height is necessary to adequately serve the needs of the public for the proposed utility or communications service. (12) The Planning Director may require review by an expert third party who is approved by the City and the applicant,to be paid for by the applicant, when needed for review of site specific data submitted by the applicant concerning technical aspects related to specific facilities and locations.