HomeMy WebLinkAbout2025-010 Ordinance implementing a new chapter in the Yakima Municipal Code, Chapter 8.21, relating to small wireless facilities ORDINANCE NO. 2025-010
AN ORDINANCE creating Chapter 8.21 in the City of Yakima Municipal Code relating to
small wireless facilities in the right-of-way.
WHEREAS, the Yakima Municipal Code establishes requirements for the use of the right-
of-way and for working within the public right-of-way; and
WHEREAS, the regulations and permitting process for small wireless facilities was
established in YMC Chapter 8.20 via Ordinance 2019-032; and
WHEREAS, permits for small wireless facilities are processed by the Planning Division in
contrast to other right-of-way use permits found in YMC 8.20 and follow a distinct review process,
therefore warranting its own chapter (YMC 8.21); and
WHEREAS, small wireless facilities are governed by Title 8 as it pertains to work in and
use of the right-of-way and by YMC Chapter 15.29 relating to wireless communication facilities;
and
WHEREAS, the City Council of the City of Yakima finds that it is in the best interest of the
City and its residents to create a new chapter within Title 8 of the municipal code relating to small
wireless facilities; now, therefore
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Title 8 of the City of Yakima Municipal Code is amended to add YMC
Chapter 8.21 to read as follows:
Chapter 8.21
SMALL WIRELESS FACILITIES
Sections:
8.21.010 Permit required.
8.21.020 Application processing.
8.21.030 Post-Installation Inspection.
8.21.010 Permit required.
Small wireless facilities, as defined in YMC 15.29.020, proposed to be placed on an existing or
new utility pole in the right-of-way and meeting all applicable criteria found in YMC 15.29.060(G)
and 15.29.070(B) shall be issued a permit after completing a small wireless facility right-of-way
use application on forms provided by the planning division. The FCC in 47 CFR Section 1.6003
has established presumptively reasonable time periods for review of facilities for the deployment
of small wireless facilities. The city shall make every reasonable effort consistent with any
conflicting provisions of state or federal law, and the preservation of the city's health, safety and
aesthetic environment to comply with these time periods to the fullest extent possible. An
excavation permit is required per YMC 8.72.030.
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8.21.020 Application processing.
Application processing. The community development director or their designee shall outline the
application review process and permitting requirements for small wireless facilities in YMC
Chapter 15.29.
8.21.030 Post-Installation inspection.
The completion of the excavation permit satisfies the required post-installation inspection.
8.21.040 Violations—Civil penalties—Appeals.
Violations to this chapter shall follow the procedures found in YMC 15.29.180.
Section 2. If any section, subsection, paragraph, sentence, clause or phrase of this
ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the
validity of the remaining portions of this ordinance.
Section 3. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 18th day of March, 2025.
ATTEST: r--dimA ,
A Patricia Byers Mayor
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Brandy Brad rd, Deputy ity Clerk \‘ gsHING��.
Publication Date: March 22, 2025
Effective Date: April 21, 2025
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 9.C.
For Meeting of: March 18, 2025
ITEM TITLE: Ordinance implementing a new chapter in the Yakima Municipal
Code, Chapter 8.21, relating to small wireless facilities
SUBMITTED BY: Bill Preston, Community Development Director
*Trevor Martin, Planning Manager
SUMMARY EXPLANATION:
The Community Development Department has reviewed Yakima Municipal Code Title 8 (Streets and
Sidewalks) for necessary updates and determined that the small wireless facilities section found in
Chapter 8.20 (Right-of-Way Use Permits)would be better suited to be in its own chapter. Small wireless
facilities are reviewed differently from other right-of-way use permits that are governed by Chapter 8.21
and reviewed by the Engineering Division. Instead, the Planning Division is responsible for managing the
permitting process for small wireless facilities and ensuring compliance with YMC Chapter 15.29
(Wireless Communications Facilities)which is in the zoning code.
This ordinance moves the text for small wireless facilities from YMC 8.20.057 into its own chapter and
provides some edits to the existing text for added clarity and for a simpler explanation of the permitting
process.
ITEM BUDGETED: N/A
STRATEGIC PRIORITY 24-25: A Resilient Yakima
RECOMMENDATION: Pass Ordinance.
ATTACHMENTS:
Ordinance_YMC Chapter 8.21.docx
YMC 8.21 Redline-Final.pdf
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Chapter 8.21
SMALL WIRELESS FACILITIES
Sections:
8.21.010 Permit required.
8.21.020 Application processing.
8.21.030 Post-Installation inspection.
8.21.0108.20.057 Permit reguiredSmall wirelece facilities
Small wireless facilities, as defined in YMC 15.29.020, proposed to be placed on an existing or
new utility pole in the right-of-way and meeting all applicable criteria found in YMC 15.29.060(G)
and 15.29.070(B) shall be issued a right of way use permit after completing a small wireless
facility right-of-way use application on forms provided by the planning division. The FCC
in 47 CFR Section 1.6003 has established presumptively reasonable time periods for review of
facilities for the deployment of small wireless facilities. The city shall make every reasonable
effort consistent with any conflicting provisions of state or federal law, and the preservation of
the city's health, safety and aesthetic environment to comply with these time periods to the
fullest extent possible. An excavation permit is required per YMC 8.72.030.
8.21.020 Application processing.
Application processings. The community development public works director or their
designee shall outline the application review process and permitting requirements for small
wireless facilities in YMC Chapter 15.29.specify submittal requirements, including type, detail,
such as maps, studies, or photographic simulations when the director determines such material
is needed to adequately assess the proposed project. The director may waive specific submittal
for such waiver is made to the director. The director has the sole authority to grant or deny such
a rcqucst and all waivcrs arc grantcd on a casc by casc basis, narrowly tailorcd to minimizc
deviation from the requirements outlined herein.
B. Incomplete Applications and Denial. Applications will be processed, and notices of
incompleteness provided, in conformity with state, local and federal law. If an application is
incomplete, it may be rejected by the director by notifying thc applicant and idcntifying thc
material omitted from the application. Applications may be denied without prejudice when thc
applicant fails to providc a substantivc response to the city within one hundred eighty days after
applicablc fccs will be required for the same location.
8.21.030 Post-Installation inspection.
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C. Post Installation Inspection. The completion of the excavation permit satisfies the required
post-installation inspection. All small cell permits rcqucsting use of a city owncd utility polc
require a post installation inspection by the public works department. Such inspection shall
occur prior to bringing the small cell facility online. The cost of that inspection, which shall be set
forth in the City of Yakima Master Fee Schedule adopted via resolution by the city council, shall
be paid by the applicant.
D. As Built Drawings Required. After obtaining the permit and constructing the small cell
facility, the applicant shall provide to the public works director the as built drawings of the small
cell facility.
8.21.040 Violations—Penalties—Appeals.
Violations to this chapter shall follow the procedures found in YMC 15.29.180.
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