21.56.020 Applicability Permits and Exemptions.
A. Permits Required.
1. A land use permit is required to locate or install any Wireless Communication Facility (WCF) outside public rights‐of‐way, and in certain instances within public rights‐of‐way, unless the WCF is exempt under subsection B below. Table 21.76.070 Wireless Communication Facilities Review Process in RZC 21.76, sets forth the type of permit required based upon the nature of the facility and its location.
2. Redmond Municipal Code (RMC) Chapter 12.14, Telecommunications, governs the installation of any WCF within public rights‐of‐way. A Facilities Lease Agreement is required to install any WCF on City‐owned property or infrastructure within the City of Redmond, including public rights-of-way.
B. Exemptions. The following WCFs shall be exempt from the requirement to obtain land use permits:
1. VHF and UHF Receive-Only Television Antenna(s). VHF and UHF receive-only antenna(s) shall not be required to obtain land use permit approval nor shall they be required to obtain building permit approval. VHF/UHF antenna(s) shall be restricted to a height limit of no more than 15 feet above the existing or proposed roof.
2. Small Satellite Dish Antenna(s). Small dish antenna(s) in all zones shall be exempt from obtaining land use permit approval. Such antennas shall not be required to obtain building permit approval, but installation must comply with any applicable provisions of the City Building Code.
3. Small Cell Facilities attached to Utility Poles, Light Poles and Miscellaneous Poles within public rights‐of‐way shall be exempt from obtaining land use permit approval except for Small Cell Facilities located within Special Design Areas where a Type II land use permit is required. See RMC 12.14, Telecommunications for additional requirements.
4. Eligible Facilities Requests that meet the definition as set forth in RZC 21.78 shall be exempt from having to obtain a land use permit. A written request for an Eligible Facilities Request must be submitted to determine if the modification qualifies for this exemption. An Eligible Facilities Request shall be denied upon determination by the City that the proposed facility modification will substantially change the physical dimensions of an eligible support structure.
5. The addition of a new antenna(s) attached to an existing antenna support structure or structure mounted facility which already has at least one WCF; removal or replacement of existing antennas; and associated ground mounted equipment enclosures on existing legally established structure mounted facilities (other than towers) that have received previous WCF approval and that comply with size and concealment requirements established in RZC 21.56 or the applicable permit approving the WCF. Other applicable permits such as building permits and right‐of‐way use permits may be required. This exemption shall not apply to small cell facilities.
6. Routine maintenance and repair or replacement of antennas and equipment associated with wireless communication facilities. Replacement antennas shall be located within the same location as existing antenna and shall be of similar size, weight and height and shall comply with concealment requirements established in RZC 21.56 and in the applicable permit approving the WCF, unless such replacement antennas are exempted as an Eligible Facilities Request. Other applicable permits such as building permits and right‐of‐way use permits may be required.
7. Temporary WCF for emergency communications equipment during a declared public emergency.
8. Wireless communication equipment, including, but not limited to, the support of traffic signal systems, Supervisory Control and Data Acquisition (SCADA) devices, Intelligent Transportation Systems (ITS), LED Street Light Gateways, transit signal priority devices and other similar devices shall not be required to obtain land use permit approval.
C. Permits may be conditioned to allow review of the continued use of the antenna support structure or structure mounted facility at five-year intervals in order to recognize that rapid technological advancements, changing markets, and legal interpretations by the FCC and by the courts may require periodic design review.
D. In addition to complying with the requirements of this chapter and the International Building Code, all wireless communication facilities located within the shorelines of the City shall comply with RZC 21.68.160, Utilities Within Shorelines.
E. All permits for WCF’s shall be expressly conditioned upon compliance with the removal requirements of RZC 21.56.080, Cessation of Use, below upon cessation of use of any such facility.
F. Performance Assurance. The Administrator may require a performance assurance under RMC 12.14, Telecommunications, when located within public rights‐of‐way to ensure compliance with any aspect of this chapter. The Administrator may require a performance assurance under RZC 21.76.090 when located outside of public rights‐of‐way or when located on any private property.
G. Prohibited Devices. WCF’s that are not permanently affixed to a support structure and which are capable of being moved from location to location (e.g., “cell on wheels” or ballast mounts) are prohibited except for when allowed as a Temporary WCF consistent with RZC 21.56.021 below. (Ord. 2919; Ord. 2964)