6.08.080 Modifications.
A. Limitation on Modifications. Applications for modifications to preexisting SWFs, other than SWF EFRs, shall be processed as SWF permits and shall only be granted if the SWF will continue to comply with specific concealment elements and design standards intended to minimize visual impacts.
B. Eligible Facilities Requests (EFRs). The director shall approve a SWF EFR permit if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following:
1. That the application is an eligible facilities request as defined in 47 CFR 1.6100(b)(3), or any successor provision;
2. That the applicant has an executed RUA with the city;
3. That the applicant has an executed master license agreement with the city if any component of the proposed EFR involves use of a city pole;
4. That the proposed facility will comply with all generally applicable laws;
5. That the applicant has an executed circuit access agreement with the city if connecting to and accessing city systems for electrical power.
If the findings for approval of the SWF EFR permit cannot be made, the director shall notify the applicant in writing of the reasons for denial. If the director finds the application is not an eligible facilities request, the director shall also require the applicant to provide any additional information needed to complete a SWF permit application form for the proposed facility.
C. Supplemental Conditions. All SWF EFR permits granted pursuant to this section shall be subject to the following additional conditions, unless modified by the director:
1. Permit Subject to Conditions of Underlying Permit. Any permit granted in response to an application qualifying as an eligible facilities request shall be subject to the terms and conditions of the underlying permit. In the event of a conflict between the conditions of the underlying permit and the SWF EFR permit, the conditions of the SWF EFR permit shall govern.
2. No Extension of Underlying Approvals. The director’s grant or grant by operation of law of a SWF EFR permit constitutes a federally mandated modification to the underlying government approval for the subject base station, and shall not extend the term for any underlying government approval and its term shall be coterminous with the underlying government approvals for the subject base station.
3. No Waiver of Standing. The city’s grant or grant by operation of law of an eligible facilities request does not waive, and shall not be construed to waive, any standing by the city to challenge Section 6409(a) of the Spectrum Act, any FCC rules that interpret Section 6409(a) of the Spectrum Act, or any modification to Section 6409(a) of the Spectrum Act. (Ord. 6755 § 27, 2023; Ord. 6454 § 5, 2019.)