A. Major utility and communications facilities shall be designed, landscaped or otherwise screened to ensure compatibility with surrounding properties. Aboveground utility and communications structures and antennas shall be designed, constructed, painted and screened so as to blend with surrounding uses and buildings. The review authority may impose additional restrictions on the location, setbacks, height, design, landscaping and screening of aboveground utility and communications facilities if necessary to minimize visual impacts and promote greater compatibility with existing or planned uses on surrounding properties. Amateur radio tower antennas shall be regulated by EMC 19.22.090 and are not subject to review under this section.

B. Antennas associated with aboveground utility or communications facilities shall be located on existing or replacement towers or structures to the maximum extent technically feasible to discourage the proliferation of tower structures. Installation or collocation of antennas on existing or replacement towers or structures shall be preferred unless the proponent can demonstrate that a new structure is necessary to adequately serve the needs of the public. When proposed to be installed on an existing or replacement tower or structure located in a nonresidential zone located at least three hundred feet from residential zones, facilities which are subject to Review Process II shall be reviewed using Review Process I, subject to meeting all requirements of this section. When proposed to be located on an existing or replacement utility or communications structure or other nonresidential structure in a residential zone, Review Process II shall be required.

C. Tower structures for aboveground utility and/or communications facilities shall not be located in or within three hundred feet of residentially zoned areas, in or within two hundred feet of gateway corridors (see Map 12-1 in Chapter 19.12 EMC) as designated by the Everett comprehensive plan, or in or within two hundred feet of areas under the jurisdiction of the shoreline master program, unless the applicant provides an analysis of alternative sites and existing facilities which are technically feasible where the structure could be located or collocated, which demonstrates that the proposed facility cannot adequately serve the needs of the public for the proposed utility or communications service in an alternative location. When location in or within two hundred feet of a gateway corridor, or in or within two hundred feet of areas under the jurisdiction of the shoreline master program, is necessary to serve the public need for utility or communications services, use of existing or replacement utility and communications facilities is encouraged. When existing facilities are used or replaced, addition to or replacement of existing structures may exceed the height of the existing facility by not more than twenty feet.

D. When tower structures for aboveground utility and/or communications facilities are proposed to be located within three hundred feet of residentially zoned areas, in or within two hundred feet of gateway corridors as designated by the Everett comprehensive plan, or in or within two hundred feet of areas under the jurisdiction of the shoreline master program, zones which otherwise require Review Process II shall use Review Process III.

E. All utility and communication facilities shall be installed underground or within structures to the greatest extent practical in order to maximize safety and minimize visual and noise impacts upon surrounding properties. When it is not practical to install underground or within structures, all utility and communications facilities shall be architecturally designed and screened so as to minimize visual impacts on and promote compatibility with surrounding properties.

F. Aboveground utility and communications facilities shall be designed so as to be the lowest height possible to adequately serve the needs of the public for the proposed utility or communications service. The review authority, in considering the proposed utility or communications facility, may allow antenna or tower height to exceed the height permitted in the underlying zone without having to satisfy the variance approval criteria of Chapter 15.03 EMC. Approval may only be granted if it can be demonstrated that such height is necessary to adequately serve the needs of the public for the proposed utility or communications service. The applicant shall provide an evaluation of alternative designs and locations which could result in a lower tower or antenna height.

G. Towers associated with aboveground utility and communication facilities and all ancillary structures shall comply with the setback standards of the zone in which the property is located; provided, that when allowed to be located in or within two hundred feet of residential zones, the height of any tower shall not exceed the horizontal distance between the base of the tower and the nearest residential property line. The review authority, in considering the proposed utility or communications facility, may allow a lesser setback without having to satisfy the variance approval criteria of EMC 15.03.140, if it can be demonstrated that a lesser setback is necessary to adequately serve the needs of the public for the proposed utility or communications service, or that a lesser setback will result in better screening than in a location which meets the setbacks required herein.

H. The aboveground utility or communications facility shall be removed from the site should the use for such purposes be discontinued for one hundred twenty days or more. The planning director shall have the discretion, upon the request of the owner of the facility, to allow an extension of this time period to allow for the use of the site by another utility or communications service provider.

I. Maintenance, repair, or replacement of existing utility or communications facilities or appurtenant structures and the installation of minor aboveground utility and communications facilities are exempt from this section. This exemption includes replacement or increased heights of not more than twenty feet to accommodate wireless telecommunications antennas. Utility and communications service providers are encouraged to locate such facilities of a minor nature and small scale on existing or replacement structures, where technically feasible, in preference to erecting new towers or structures for such purposes.

J. To the extent provided by law, the city may require utility or communications service provider to allow up to two additional service providers to be located on shared facilities to discourage the proliferation of tower structures, consistent with technological feasibility. The review authority may allow an additional twenty feet in tower height per additional provider to accommodate collocation.

K. Utility or communications facilities which require towers for which safety lights are required by the FAA shall not be permitted unless the applicant demonstrates that such a facility in the proposed location and at such a height is necessary to adequately serve the needs of the public for the proposed utility or communications service.

L. The planning director may require review by an expert third party who is approved by the city and the applicant, to be paid for by the applicant, when needed for review of site-specific data submitted by the applicant concerning technical aspects related to specific facilities and locations. (Ord. 3774-20 § 5(J) (Exh. 3), 2020.)