21.90.030 Exemptions.
A. The following are exempt from the review requirements of LMC 21.90.040, and are permitted in all zones subject to approval of construction permits, including but not limited to building permits, electrical permits, and right-of-way permits, as they are applicable; provided, that the WCF shall meet all other applicable requirements of this chapter:
1. WCF infrastructure and other equipment owned and operated by an electric utility for the purpose of providing retail electric service.
2. Small cell facilities and networks, with each small cell consisting of one or more antennas and other associated electronics and equipment, which are attached to a structure and meet the parameters in subsection (A)(2)(a) of this section. The supporting structure may already exist and may be extended or replaced, or it may be newly constructed for the purpose of installing a small cell facility, so long as the supporting structure meets the requirements of subsections (A)(2)(b) and (A)(2)(c) of this section.
a. Each small cell facility shall meet the requirements of RCW 80.36.375(2)(d).
b. In the city’s rights-of-way, the height of a new, extended or replacement support structure for the installation of a small cell facility shall not exceed the greater of:
i. Ten feet above the tallest existing utility pole in the right-of-way, in place as of the effective date of the ordinance codified in this chapter, located within 500 feet of the support structure; or
ii. Fifty feet above ground level.
c. Outside of the city’s rights-of-way, the height of a new or existing support structure for the installation of a small cell facility shall not exceed the maximum building height for the applicable zone by more than 10 feet, and the height of an extended or replacement structure shall not exceed the height limitation in LMC 21.90.150(C).
B. The following are exempt from the requirements of this chapter, and are subject to approval of construction permits, including but not limited to building permits, electrical permits, and right-of-way permits, as they are applicable:
1. Minor changes to existing WCFs, as follows:
a. Replacement of WCFs with those of similar appearance and configuration.
b. Addition of antennas to an existing rooftop location that is fully screened from view.
c. Addition of antennas to an existing tower when there is no increase in tower or antenna height.
2. In the event an emergency or disaster is officially declared for the area, the development and business services director may exempt temporary WCFs from the requirements of this chapter during the duration of such emergency or disaster. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 3290 § 2, 2018; Ord. 2441 § 21, 2003; Ord. 2270 § 1, 1999)