18.70.030 Applicability, review, and permits required.
The standards and process requirements of this chapter shall apply to the placement, construction, or modification of all wireless communication facilities, except as specifically exempted in CMC 18.70.020.
(1) No person may place, construct, or modify a wireless communication facility subject to this chapter without first obtaining the required permit(s), issued in accordance with this chapter. Except as otherwise provided herein, the requirements of this chapter are in addition to the applicable requirements of this title.
(2) Any land use or other permit application submitted pursuant to this chapter shall be reviewed and evaluated by the Director for all wireless communication facility projects located on public or private property.
(3) The applicant shall be responsible for obtaining any necessary local, State, and Federal permits and approvals for the project, and is responsible for complying with any conditions of approval placed on the application by local or other State or Federal permits or approvals.
(4) No provisions of this chapter shall be interpreted to allow the installation of a wireless communication facility to reduce the minimum parking or landscaping requirements on a site.
(5) Wireless communication facilities that are governed under this chapter shall not be eligible for variances under CMC 18.125.030, development conditions under CMC 18.30.030(B)(4), or exceptions to height limits under CMC 18.30.210. Any request to deviate from this chapter shall be based on the modifications set forth in this chapter.
(6) The City may, at its discretion, contract with an independent engineering and technical review consultant to review the land use or other permit application. The applicant shall be responsible for actual and reasonable costs charged by the consultant, in addition to any base fees and application fees set forth in the City’s fee resolution. Based on the results of the independent technical review, the City may require changes or request additional information to complete the application review. The technical review shall address the following:
(a) The accuracy and completeness of the application;
(b) The applicability of analysis techniques and methodologies;
(c) The validity of conclusions reached;
(d) The viability of other sites in the City for the use intended by the applicant; and
(e) Any specific engineering or technical issues designated by the City.
(7) No alterations or changes shall be made to an approved wireless communications land use permit. Modifications which exceed the conditions of approval will require a new wireless communications land use permit and shall be reviewed based on the laws and rules in effect at the time of application. The Director has sole discretion to approve or deny any request for modifications to the land use approval. (Ord. 03-19 § 3 (Exh. B); Ord. 09-12 § 1 (Exh. A))