18A.95.040 General provisions | Lakewood Municipal Code

18A.95.040 General provisions.

A. Wireless service facilities shall not be considered nor regulated as essential public facilities.

B. Wireless service facilities located outside the public right-of-way may be either a primary or secondary use. A different use of an existing structure on the same lot shall not preclude the installation of a wireless service facility.

C. A small wireless facility, as defined in LMC 18A.10.180, located within the public right-of-way pursuant to a valid franchise is a permitted use in every zone of the City, but still requires a small wireless facility permit pursuant to LMC 18A.95.190.

D. Macro facilities, as defined in LMC 18A.10.180, are permitted uses in every zone of the City, but still require a macro facility permit pursuant to LMC 18A.95.060.

E. The following wireless service facilities shall be exempt from the requirement to obtain land use permits:

1. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC.

2. Antennas and related equipment no more than three (3) feet in height that are being stored, shipped, or displayed for sale.

3. Amateur radio station operators or receive-only antennas.

4. Home satellite services, including satellite dish antennas less than six and one-half (6.5) feet in diameter and direct-to-home satellite services, when used as an accessory use of the property.

5. Public safety wireless service facilities and equipment, including the regional 911 system, radar systems for military and civilian communication and navigation, and wireless radio utilized for temporary emergency communications in the event of a disaster.

6. A mobile transmission facility or other temporary wireless service facility temporarily placed on a site for a period of thirty (30) days or less, unless an administrative use permit is obtained for an additional period or unless the City has declared an area-wide emergency.

7. Emergency or routine maintenance and repair of an existing wireless service facility and related equipment, excluding structural work or changes in height or dimensions of antennas, towers, or buildings; provided, that compliance with the standards herein is maintained.

8. Wireless service facilities installed on properties that are subject to the Chambers Creek Properties Joint Procedural Use Agreement, which shall instead be regulated to the terms and conditions of the interlocal agreement and design standards adopted thereunder, as administered by the City of University Place pursuant to interlocal agreement. If, at some point, the interlocal agreement is abandoned or terminated, such uses on the Lakewood portion of the Chambers Creek Properties shall once again be subject to the requirements set forth herein; provided, that any existing uses which do not meet these standards shall be considered to be and shall be regulated as nonconforming.

a. The owner or operator of any abandoned wireless service facility shall notify the City of Lakewood, in writing, at least thirty (30) days prior to the date of discontinuation of operation or abandonment of a wireless service facility. In the event that a licensed carrier fails to give notice, the facility shall be considered abandoned upon the City’s discovery of discontinuation of operation or upon a determination by the City of the date abandoned, and subsequent notice of the City’s determination of abandoned status to the WSF owner and/or operator.

b. Except as provided in LMC 18A.95.040(F)(1)(c), an owner or operator shall have ninety (90) days from the date of abandonment within which to reactivate the use of the facility or transfer the facility to another provider who makes actual use of the facility.

c. If abandonment occurs due to the relocation of an antenna to a lower point on the antenna support structure, a reduction in the effective radiated power of the antenna or a reduction in the number of transmissions from the antennas, then the operator of the tower shall have six (6) months from the date of effective abandonment to collocate another service on the tower. If another service provider is not added to the tower, then the operator shall dismantle and remove, within thirty (30) days, that portion of the tower which resulted from a collocation height increment and/or exceeds the minimum height required to function satisfactorily. City approval for that portion of the tower shall automatically expire two hundred ten (210) days from the date of abandonment if the collocation is not completed or upon completion of the dismantlement and removal of that portion of the tower that is no longer being utilized, whichever comes first.

d. Except as provided in this section, changes which are made to wireless service facilities that do not diminish their essential role in providing a total system shall not constitute abandonment. However, in the event that there is a physical reduction in height of substantially all of the providers’ towers in the City or surrounding area, then all of the towers within the City shall similarly be reduced in height.

2. Dismantlement and Removal of Facility. If the abandoned wireless service facility, including all accessory structures, antennas, foundation, and other associated appurtenances are not removed within the required time period, the City may remove the wireless service facility and all associated development at the provider’s expense. If there are two (2) or more providers collocating on a facility, this provision shall not become effective until all providers cease using the facility, except as provided in subsection (F)(1)(c) of this section.

3. Except as provided in subsection (F)(1)(c) of this section, City approval for the facility shall automatically expire ninety (90) days from the date of abandonment if the wireless service facility is not reactivated or upon completion of the dismantlement and removal of the wireless service facility, whichever comes first.

4. Security and Lien. Prior to the commencement of demolition, each applicant shall post sufficient security in the form of a cash guarantee or assignment of funds in a form acceptable to the City, cashier’s check, or cash, to cover the estimated cost of demolition or removal of the tower and support structures, including complete site restoration. If, for any reason, the posted funds are not adequate to cover the cost of removal, then the City may charge the facility owner or operator with the City’s total cost incurred in removing the abandoned structures. If the owner or operator fails to make full payment within thirty (30) calendar days, then the amount remaining unpaid shall become a lien on the facility property. [Ord. 726 § 2 (Exh. B), 2019.]