6.08.030 Scope.
A. General. There shall be a type of city permit entitled a “small wireless facility permit” (SWF permit), which shall be subject to all the applicable requirements of this title. Unless exempted, every person who desires to co-locate a SWF on a city pole or utility pole or to install a SWF on or within a purpose-built pole within the right-of-way shall obtain a SWF permit authorizing the placement or modification in accordance with this chapter. There shall also be a type of city permit entitled a “small wireless facility eligible facilities request permit” (SWF EFR permit), which shall be subject to the applicable requirements of this title. Unless exempted, every person who desires to modify an existing SWF within the right-of-way that qualifies as an eligible facilities request (EFR) shall obtain a SWF EFR permit authorizing modification in accordance with this chapter. Except for SWFs and SWF EFR permits, no other wireless communication facilities shall be permitted pursuant to this chapter.
B. Exemptions. This chapter does not apply to:
1. The placement or modification of facilities by the city or by any other agency of the state solely for public health, welfare and safety purposes.
2. Installation of a “cell on wheels,” “cell on truck” or a similar structure for a temporary period in connection with an emergency, event, or redevelopment of an existing wireless site, but no longer than required for the emergency, event, or redevelopment; provided, that installation does not involve excavation, movement, or removal of existing facilities.
3. Deployment of a SWF on the strand between two utility poles; provided, that the cumulative volume of all SWF components located on the strand shall not exceed one cubic foot; and provided further, that the installation does not require replacement of the strand, or excavation, modification or replacement of the utility poles or intensification in use of electrical power.
C. Preexisting Wireless Communications Facilities in the Rights-of-Way. Any WCF already existing in the right-of-way as of the date of this chapter’s adoption shall remain subject to the provisions of the Land Use Code pursuant to which it was permitted or as subsequently amended.
D. Public Use. Except as otherwise provided by state law, any use of the public right-of-way authorized pursuant to this chapter will be subordinate to the city’s use and use by the public. (Ord. 6755 §§ 3, 4, 2023; Ord. 6462 § 5, 2019; Ord. 6454 § 5, 2019.)