Spokane Municipal Code

Title 17C Land Use Standards

Chapter 17C.355A Wireless Communication Facilities

Section 17C.355A.090 Exception from Standards

1. Applicability. Except as otherwise provided in this chapter (under Site Design Flexibility), no WCF shall be used or developed contrary to any applicable development standard unless an exception has been granted pursuant to this Section. These provisions apply exclusively to WCFs and are in lieu of the generally applicable variance and design deviation provisions in SMC Title 17, provided this section does not provide an exception from this chapter’s visual impact and stealth design requirements or the approval criteria set forth in Section 17C.355A.080.

2. Procedure Type. A wireless communications facility exception is a Type III procedure.

3. Submittal Requirements. In addition to the general submittal requirements for a Type III application, an application for a wireless communication facility exception shall include:

   1. A written statement demonstrating how the exception would meet the criteria.

   2. A site plan that includes:

      1. Description of the proposed facility’s design and dimensions, as it would appear with and without the exception.

      2. Elevations showing all components of the wireless communication facility as it would appear with and without the exception.

      3. Color simulations of the wireless communication facility after construction demonstrating compatibility with the vicinity, as it would appear with and without the exception.

4. Criteria. An application for a wireless communication facility exception shall be granted if the following criteria are met:

   1. The exception is consistent with the purpose of the development standard for which the exception is sought.

   2. Based on a visual analysis, the design minimizes the visual impacts to residential zones through mitigating measures, including, but not limited to, building heights, bulk, color, and landscaping.

   3. The applicant demonstrates the following:

      1. A significant gap in the coverage, capacity, or technologies of the service network exists such that users are regularly unable to connect to the service network, or are regularly unable to maintain a connection, or are unable to achieve reliable wireless coverage within a building;

      2. The gap can only be filled through an exception to one or more of the standards in this chapter; and

      3. The exception is narrowly tailored to fill the service gap such that the wireless communication facility conforms to this chapter’s standards to the greatest extent possible.

   4. Exceptions in Residential Zones. For a new tower proposed to be located in a residential zone or within 150 feet of a residential zone, unless the proposal qualifies as a preferred location on City-owned or operated property or facilities under SMC 17C.355A.050(B)(3), the applicant must also demonstrate that the manner in which it proposes to fill the significant gap in coverage, capacity, or technologies of the service network is the least intrusive on the values that this chapter seeks to protect.

Date Passed: Monday, November 2, 2015

Effective Date: Monday, November 2, 2015

ORD C35312 Section 2