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B. A small wireless permit shall not be required for routine maintenance and repair <br />of a small wireless facility within the rights-of-way, or the replacement of an antenna or <br />equipment of similar size, weight, and height; provided, that such replacement does not <br />defeat the stealth techniques used in the original small wireless facility and does not <br />impact the structural integrity of the pole. Further, a small wireless permit shall not be <br />required for replacing equipment within the equipment enclosure or reconfiguration of <br />fiber or power to the small wireless facilities. An annual blanket right-of-way permit will <br />be required for such routine maintenance, repair, or replacement and can cover all <br />facilities owned by the applicant. <br />Section 14. TMC Section 23.04.100 is hereby established to read as follows: <br />23.04.100 Small wireless facility aesthetic, concealment, and design standards <br />A. All small wireless facilities shall conform with the following general aesthetic, <br />concealment, and design standards, as applicable: <br />1. Except for locations in the right-of-way, small wireless facilities are prohibited <br />on any property containing a residential use in a residential zone; provided that where <br />small wireless facilities are intended to be located more than 400 feet from a right-of-way <br />and within an access easement over residential property, the location may be allowed if: <br />a. the applicant affirms they have received an access easement from the <br />property owner to locate the facility in the desired location; and <br />b. the property owner where the facility will be installed has authority to <br />grant such permission to locate the facility and related equipment at the designated <br />location pursuant to the terms of the access easement; and <br />c. the installation is allowed by, and consistent with, the access easement; <br />and <br />d. such installation will not frustrate the purpose of the easement or create <br />any access or safety issue; and <br />e. the location is in compliance with all land use regulations such as, but <br />not limited to, setback requirements. <br />2. In the event power is later undergrounded in an area where small wireless <br />facilities are located above ground on utility poles, the small wireless facilities shall be <br />removed and may be replaced with a facility meeting the design standards for new poles <br />in TMC Section 23.04.100.E. <br />3. Ground -mounted equipment in the rights-of-way is prohibited, unless such <br />facilities are placed underground, or the applicant can demonstrate that pole -mounted or <br />undergrounded equipment is technically infeasible. If ground -mounted equipment is <br />necessary, then the applicant shall submit a stealth technique plan substantially <br />conforming to the applicable standards in TMC Section 23.04.100.E.3 and comply with <br />the Americans with Disabilities Act ("ADA"), City construction standards, and state and <br />CC: Legislative Development\Ordinances\INTERIM Small wireless Communication Facilities 3-31-21 <br />EM:bjs Review and analysis by Barbara Saxton <br />Page 13 of 22 <br />18 <br />