Chapter 18.70 DEVELOPMENT STANDARDS – COMMUNICATION FACILITIES

Chapter 18.70
DEVELOPMENT STANDARDS – COMMUNICATION FACILITIES

Sections:

18.70.010 Purpose.

18.70.020 Exemptions.

18.70.030 Applicability.

18.70.040 Setback requirements.

18.70.050 Landscaping requirements.

18.70.060 Color and lighting standards.

18.70.070 Fencing and NIER warning signs.

18.70.080 Interference.

18.70.090 NIER exposure standards.

18.70.100 NIER measurements and calculations.

18.70.110 Measurements and monitoring.

18.70.120 Shock and burn standard.

18.70.130 Modifications.

18.70.140 Consolidation.

18.70.150 Supplemental application requirements.

18.70.160 Notification requirements.

18.70.170 NIER compliance criteria.

18.70.180 NIER enforcement.

18.70.190 Periodic review of NIER standard.

18.70.200 State regulation.

18.70.210 Minor communication facilities – Preapplication community meetings.

18.70.220 Minor communication facilities – Review process.

18.70.230 Minor communication facilities – Development standards for transmission support structures.

18.70.240 Minor communication facilities – Visual compatibility standards.

18.70.250 Minor communication facilities – Additional standards to reduce degree of visual impact.

18.70.260 Minor communication facilities – Time limits and establishment period.

18.70.270 Minor communication facilities – Cessation of use.

18.70.280 Minor communication facilities – Collocation.

18.70.290 Minor communication facilities – Modifications.

18.70.300 Minor communication facilities – Antennas.

18.70.310 Minor communication facilities – Location within street, utility and railroad rights-of-way.

18.70.320 Minor communication facilities – Public parks and open spaces owned by King County.

18.70.330 Minor communication facilities – Criteria for determining technical feasibility.

18.70.340 Minor communication facilities – Applicability to vested applications.

18.70.350 Minor communication facilities – Standards within City potential annexation areas.

18.70.360 Minor communications facilities – Technical evaluation.

18.70.010 Purpose.

The purpose of this chapter is to establish guidelines for the siting of towers and antennas. The goals of this chapter are to:

(1) Encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the community;

(2) Strongly encourage the joint use of new and existing tower sites;

(3) Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

(4) Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas;

(5) Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently; and

(6) Limiting exposures to NIER consistent with Federal Communication Commission statutes. (Ord. 42-02 § 2 (21A.26.010))

18.70.020 Exemptions.

The following are exempt from the provisions of this chapter and shall be permitted in all zones:

(1) Industrial processing equipment and scientific or medical equipment using frequencies regulated by the Federal Communications Commission (FCC);

(2) Machines and equipment that are designed and marketed as consumer products, such as microwave ovens and remote control toys;

(3) The storage, shipment or display for sale of transmission equipment;

(4) Radar systems for military and civilian communication and navigation;

(5) Hand-held, mobile, marine and portable radio transmitters and/or receivers;

(6) Two-way radio utilized for temporary or emergency services communications;

(7) Licensed amateur (Ham) radio stations and citizen band stations;

(8) Earth station downlink using satellite dish antennas with a diameter of less than 12 feet; provided, that stations in excess of one dish antennas are subject to conditional use permits;

(9) Receive-only satellite dish antennas as an accessory use;

(10) Two-way radio antennas, point-to-point microwave dishes, and cellular radio antennas which are not located on a transmission structure (lattice towers and monopoles);

(11) Any maintenance, reconstruction, repair or replacement of a conforming or nonconforming communication facility, transmission equipment, transmission structure or transmitter building; provided, that the transmission equipment does not result in noncompliance with CMC 18.70.090 and 18.70.120;

(12) In the event a building permit is required for any emergency maintenance, reconstruction, repair or replacement, filing of the building permit application shall not be required until 30 days after the completion of such emergency activities. In the event a building permit is required for nonemergency maintenance, reconstruction, repair or replacement, filing of the building permit application shall be required prior to the commencement of such nonemergency activities. (Ord. 42-02 § 2 (21A.26.020))

18.70.030 Applicability.

The standards and process requirements of this chapter supersede all other review process, setback or landscaping requirements of this title. All communication facilities which are not exempt pursuant to CMC 18.70.020 shall comply with the provisions of this chapter as follows:

(1) New communication facilities, with the exception of consolidations, shall comply with the provisions of CMC 18.70.020 through 18.70.120 and CMC 18.70.150 through 18.70.180; new minor communication facilities shall also comply with applicable provisions of this chapter, and, in case of conflict, the provisions of this chapter shall apply;

(2) Modified communication facilities, with the exception of consolidations, shall comply with standards as provided in CMC 18.70.020, 18.70.050 through 18.70.130, and CMC 18.70.150 through 18.70.180, modifications to minor communication facilities shall also comply with the applicable provisions of this chapter, and, in case

of conflict, the provisions of this chapter shall apply;

(3) Consolidations shall comply with standards as provided in CMC 18.70.020, 18.70.050 through 18.70.120, and CMC 18.70.140 through 18.70.180, consolidations to minor communication facilities shall also comply with the applicable provisions of this chapter, and, in the case of conflict, the provisions of this chapter shall apply. (Ord. 42-02 § 2 (21A.26.030))

18.70.040 Setback requirements.

Except as outlined for modifications and consolidations pursuant to CMC 18.70.130 and 18.70.140 or when setbacks are increased to ensure compliance with NIER exposure limits, communication facilities shall comply with the following setbacks:

(1) Transmission structures, other than those for minor communication facilities, which do not exceed the height limit of the zone in which they are located, shall be set back from the property line as required for other structures by the zone in which such transmission structure is located;

(2) Transmission structures, other than those for minor communication facilities, which exceed the height limit of the zone in which they are located, shall be set back from property lines either a minimum of 50 feet or one foot for every foot in height, whichever results in the greater setback, except:

(a) Transmission structures, other than those for minor communication facilities located in the A, F, NB, CB, RB, O or I zones shall be set back from the property line as required by the zone in which they are located; and

(b) Transmission structures for minor communication facilities shall be set back from the property line as provided in KCC 18.70.230;

(3) When two or more communication facilities share a common boundary, the setback from such boundary shall comply with the requirements of the zone in which the facilities are located, unless easements are provided:

(a) On the adjoining sites which limit development to communication facilities;

(b) Of sufficient depth to provide the setbacks required in subsections (1) and (2) of this section; and

(4) Transmitter buildings shall be subject to the setback requirements of the zone in which they are located. (Ord. 42-02 § 2 (21A.26.050))

18.70.050 Landscaping requirements.

A communication facility site shall provide landscaping as follows:

(1) When the facility is located in:

(a) The NB, CB, RB, O or I zone, the base of any transmission structure or transmitter building shall be landscaped with eight feet of Type II landscaping as defined by CMC 18.40.040(2), if there is no existing landscaping consistent with Chapter 18.40 CMC along the lot line abutting R, UR, or RA zoned properties.

(b) The A, F or M zone, the base of the transmission structure or transmitter building shall be landscaped with 10 feet of Type III landscaping (ground cover may be excluded) as defined by CMC 18.40.040(3), if the base of such transmission structure or transmitter building is within 300 feet of any lot line abutting R, UR, or RA zoned properties.

(c) The R, UR or RA zone, the base of any transmission structure or transmitter building shall be landscaped with 10 feet of Type I landscaping as defined by CMC 18.40.040(1).

(2) When a security fence is used to prevent access onto a transmission structure or transmitter building, any landscaping required pursuant to subsection (1) of this section shall be placed outward of such security fence.

(3) When a security fence is used:

(a) In the NB, CB, RB, O or I zone, wood slats shall be woven into the security fence if made of chain-link material.

(b) In the R, UR or RA zone, climbing evergreen shrubs or vines capable of growing on the fence shall supplement any landscaping required pursuant to subsection (1) of this section.

(4) Landscaping shall be planted according to accepted practice in good soil and maintained in good condition at all times. Landscaping shall be planted as a yard improvement at or before the time of completion of the first structure or within a reasonable time thereafter, considering weather and planting conditions.

(5) Existing vegetation may be used and/or supplemented with additional vegetation to comply with the requirements of subsection (1) of this section.

(6) The Director may waive or modify the provisions for landscaping at the base of the transmission support structure and equipment buildings when:

(a) Existing structures on the site or the screening effects of existing vegetation on the site or along the site perimeter would preclude the ability to view the base of the tower or equipment building; or

(b) The required landscaping is accessible to grazing animals and the animals would be better protected by placement of landscape materials within any proposed fencing or by the use of alternative landscaping vegetation that would not be toxic to the animals. (Ord. 42-02 § 2 (21A.26.060))

18.70.060 Color and lighting standards.

Except as specifically required by the Federal Aviation Administration (FAA) or the FCC, transmission structures shall:

(1) Use colors such as grey, blue or green which reduce their visual impacts; provided, wooden poles do not have to be painted; and

(2) Not be illuminated, except transmitter buildings may use lighting for security reasons which is compatible with the surrounding neighborhood. (Ord. 42-02 § 2 (21A.26.070))

18.70.070 Fencing and NIER warning signs.

Communication facility sites shall be:

(1) Fenced in a manner which prevents access by the public to transmission structures and/or areas of the site where NIER or shock/burn levels are exceeded. This may be modified if natural features, such as an adjoining waterway, or a topographic feature preclude access;

(2) Signed to warn the public of areas of the site where:

(a) NIER standards are exceeded; and

(b) Potential risks for shocks or burns are present. (Ord. 42-02 § 2 (21A.26.080))

18.70.080 Interference.

Permit applications for communication facilities shall include:

(1) A statement describing the nature and extent of interference which may be caused by the proposed communication facility and the applicant’s responsibilities under FCC rules and regulations;

(2) Unless the Department determines that there will be no noticeable interference from the proposed communication facility, notification of expected interference shall be provided as specified in CMC 18.70.160; and

(3) General information concerning the causes of interference and steps which can be taken to reduce or eliminate it. (Ord. 42-02 § 2 (21A.26.090))

18.70.090 NIER exposure standards.

To prevent whole-body energy absorption of .08 W/Kg or more, a communication facility, by itself or in combination with others, shall not expose the public to NIER that exceeds the electric or magnetic field strength, or the power density, for the frequency ranges and durations described as follows:


NIER Exposure Standards (1) (6)
Frequency (2)	Mean Squared Electric Field Strength (3)	Mean Squared Magnetic Field Strength (4)	Equivalent Plane-Wave Power Density (5)
0.1 to 3	80,000	0.5	20,000
3 to 30	4,000 x (180/f2)	0.025 x (180/f2)	180,000/f2
30 to 300	800	0.005	200
300 to 1,500	4,000 x (f/1,500)	0.025 x (f/1,500)	f/1.5
1,500 to 300,000	4,000	0.025	1,000

(1) All standards refer to root mean squared measurements averaged over a six-minute period;

(2) Frequency or f is measured in megahertz (MHz);

(3) Electric field strength is expressed in volts squared per meter squared (V2/m2);

(4) Magnetic field strength is expressed in amperes squared per meter squared (A2/m2); and

(5) Power density is expressed in microwatts per centimeter squared (uW/cm2).

(6) Peak NIER levels shall not exceed the following equivalent plane-wave power densities:

(a) Twenty times the average values in the frequencies below 300 MHz;

(b) 4,000 uW/cm2 in the frequencies between 300 Mhz to 6,000 MHz;

(d) 20,000 uW/cm2 in the frequencies above 30 GHz.

(Ord. 42-02 § 2 (21A.26.100))

18.70.100 NIER measurements and calculations.

NIER levels shall be measured and calculated as follows:

(1) When measuring NIER for compliance with CMC 18.70.090:

(a) Measuring equipment used shall be generally recognized by the Environmental Protection Agency (EPA), National Council on Radiation Protection and Measurement (NCRPM), American National Standards Institute (ANSI), or National Bureau of Standards (NBS) as suitable for measuring NIER at frequencies and power levels of the proposed and existing sources of NIER;

(b) Measurement equipment shall be calibrated as recommended by the manufacturer in accordance with methods used by the NBS and ANSI, whichever has the most current standard;

(c) The effect of contributing individual sources of NIER within the frequency range of a broadband measuring instrument may be specified by separate measurement of these sources using a narrowband measuring instrument;

(d) NIER measurements shall be taken when and where NIER levels are expected to be highest due to operating or environmental conditions;

(e) NIER measurements shall be taken along the perimeter of the communication facility site and other areas on-site or off-site where the Health Department deems necessary to take measurements; and

(f) NIER measurements shall be taken following spatial averaging procedures generally recognized and used by experts in the field of RF measurement or other procedures recognized by the FCC, EPA, NCRPM, ANSI, NBS;

(2) NIER calculations shall be consistent with the FCC, Office of Science and Technology (OST) bulletin 65 or other engineering practices recognized by the EPA, NCRPM, ANSI, NBS or similarly qualified organization; and

(3) Measurements and calculations shall be certified by a licensed professional engineer and shall be accompanied by an explanation of the protocol, methods, equipment, and assumptions used. (Ord. 42-02 § 2 (21A.26.110))

18.70.110 Measurements and monitoring.

(1) The Department of Public Health shall measure or contract for measurement of NIER levels as necessary to ensure that the NIER standard is not being exceeded.

(2) If the NIER level of an existing major communication facility has not been measured within three years of the effective date of this title, such facility shall be measured within 120 days from the effective date of this title. All major communication facilities shall be measured every third year thereafter. The measurements shall be submitted to the Department of Public Health for review within 60 days of measurement. The Department shall be reimbursed for its review of the measurements pursuant to this section.

(3) New major communication facilities shall be measured within 120 days from the commencement of the operation and every third year thereafter. The Department shall be reimbursed for its review of the measurements pursuant to this section.

(4) The Department of Public Health shall have the authority to assess fees for the cost of plan review. The fee shall be based upon the time required by staff, including overhead cost, for plan review. (Ord. 42-02 § 2 (21A.26.120))

18.70.120 Shock and burn standard.

The communication facility shall not emit radiation such that the public will be exposed to shock and burn in excess of the standards contained in ANSI C-95.1 or subsequent amendments thereto recognized by ANSI. (Ord. 42-02 § 2 (21A.26.130))

18.70.130 Modifications.

(1) Cumulative modifications of conforming or nonconforming communication facilities, transmission structures or transmission equipment which do not increase the overall height of the transmission structure or transmission equipment by more than 30 percent shall be allowed provided:

(a) A nonconformance with respect to the transmission structure shall not be created or increased, except as otherwise provided above as to height;

(b) Existing perimeter vegetation or landscaping shall not be reduced; and

(c) The modification results in compliance with CMC 18.70.090 and 18.70.120. The applicant shall provide King County a detailed certification of compliance with these provisions which has been prepared by a licensed professional engineer;

(d) For minor communication facilities, the allowances for increased height established by this chapter shall be complied with.

(2) Except for consolidations allowed by CMC 18.70.140, modifications which increase the overall height of the transmission structure or transmission equipment by more than 30 percent shall be subject to the following provisions:

(a) Applications for such transmission structures shall be reviewed pursuant to the applicable process specified in this chapter; and

(b) Such transmission structures shall comply with the provisions of CMC 18.70.020, 18.70.050 through 18.70.130, 18.70.150 through 18.70.180, and King County Ordinance 13129, and for minor communication facilities, in case of conflict, the provisions of King County Ordinance 13129 shall control. (Ord. 42-02 § 2 (21A.26.140))

18.70.140 Consolidation.

Consolidation of two or more existing transmission structures may be permitted subject to the following:

(1) If the consolidated transmission structure cannot meet the requirements of CMC 18.70.040, it shall be located on the portion of the parcel on which it is situated which, giving consideration to the following, provide the optimum practical setback from adjacent properties:

(a) Topography and dimensions of the site;

(b) (In the case of a consolidation) to any existing structures to be retained; and

(c) (In the case of a guyed transmission tower) to guy anchor placement necessary to assure structural integrity of the consolidated transmission tower.

Consolidated transmission structures shall be set back from abutting residential property a minimum of 10 percent of the height of the consolidated transmission structure, but in all cases no less than 100 feet;

(2) If a consolidation involves the removal of transmission structures from two or more different sites and if a consolidated transmission structure is to be erected on one of those sites, it shall be erected on the site which provides for the greatest compliance with the standards of this chapter;

(3) All existing transmission equipment on the site of a communication facility which does not comply with the provisions of this chapter shall be relocated to the consolidated transmission structure before the relocation of transmission equipment from a nonexempt off-site, conforming communication facility is permitted;

(4) The consolidation shall eliminate NIER and electrical current levels attributable to the consolidating transmission equipment which exceed the limits of CMC 18.70.090 and 18.70.120;

(5) Any transmission structure to be removed as part of a consolidation shall be removed within 12 months of relocation of the transmitting equipment;

(6) Consolidation shall result in a net reduction in the number of transmission structures; and

(7) Consolidated facilities shall require a conditional use permit. (Ord. 42-02 § 2 (21A.26.150))

18.70.150 Supplemental application requirements.

(1) In addition to any required site plan, a permit application for any communication facility shall also include:

(a) A site plan which shows existing and proposed transmission structures; guy wire anchors; warning signs; fencing and access restrictions;

(b) A report by a Washington State licensed professional engineer demonstrating compliance with applicable structural standards of the current adopted edition of the International Building Code, and describing the general structural capacity of any proposed transmission structure(s), including:

(i) The number and type of antennas that can be accommodated; and

(ii) The basis for the calculation of capacity;

(i) A description of any proposed transmission tower(s) or structure(s), including height above grade, materials, color and lighting; and

(ii) Information related to interference required by CMC 18.70.080.

(2) Where a permit for a nonexempt communication facility is required, the application shall also include the following information:

(a) The name and address of the operator(s) of proposed and existing antennas on the site;

(b) The height of any proposed antennas;

(d) Frequency, modulation and class or service;

(e) Transmission and maximum effective radiated power;

(f) Direction of maximum lobes and associated radiation;

(g) The calculated NIER levels attributable to the proposed antennas at points along the property line and other areas off-site which are higher than the property line points, as well as calculated power density (NIER levels) in areas that are expected to be unfenced on-site;

(h) For a major communication facility, if there is another major communication facility within one mile of the site of the proposed facility, the level of NIER at the points identified in subsection (2)(g) of this section as measured within 30 days prior to application; and

(i) For a minor communication facility, if there is an existing major communication facility within one-half mile of the site of the proposed facility, the level of NIER at the points identified in subsection (2)(g) of this section as measured within 30 days prior to the application. (Ord. 06-05 § 1; Ord. 23-04 § 16; Ord. 42-02 § 2 (21A.26.160))

18.70.160 Notification requirements.

Notification of a permit application shall be given to adjacent property owners within a 500-foot radius and the local community council. The area within which mailed notice is required shall be expanded to include at least 20 different owners in rural or lightly inhabited areas or in other appropriate cases to the extent the Department determines is necessary. The standards of published notice and posting of property required by Chapter 18.115 CMC shall be pursuant to Chapter 18.105 CMC. (Ord. 42-02 § 2 (21A.26.170))

18.70.170 NIER compliance criteria.

The Department of Public Health shall consider the following criteria in determining compliance with CMC 18.70.090:

(1) The number and location of points at which levels have been determined to exceed NIER standards;

(2) The duration of exposure to NIER levels above the standard;

(3) The extent by which the levels measured at such points exceed the standards established by this chapter; and

(4) The relative contribution of individual sources in a multiple source environment. (Ord. 42-02 § 2 (21A.26.180))

18.70.180 NIER enforcement.

(1) The Department of Public Health shall be responsible for the enforcement of the provisions of CMC 18.70.090 in accordance with KCC Title 23 (adopted by Chapter 1.30 CMC). The Department Director shall allow no more than 10 days to elapse from the date of a violation before corrective action is commenced. If this deadline cannot be met, the Director shall issue a stop work order.

(2) If the approved NIER standard is exceeded in an area where there are multiple users and transmission equipment, all users shall share in the NIER the reduction will adequately protect the proposed development and the sensitive area; reductions, scaled proportionally to their current discharges. (Ord. 10-07 § 12; Ord. 42-02 § 2 (21A.26.190))

18.70.190 Periodic review of NIER standard.

The Department of Public Health shall review the County approved NIER standard every three years and report to the chair of the Council on whether it should be changed. (Ord. 42-02 § 2 (21A.26.200))

18.70.200 State regulation.

(1) If State regulations establish a NIER exposure standard which is more restrictive than the County standard, the State standard shall automatically become effective.

(2) If such State standards are intended to preempt local enforcement with respect to specific sections of this chapter, said sections shall automatically be deemed ineffective.

(3) Application of the provisions of this chapter shall be subject to any rule, regulation, order or decision of any State or Federal court or government agency with which such communication facility is obligated to comply. (Ord. 42-02 § 2 (21A.26.210))

18.70.210 Minor communication facilities – Preapplication community meetings.

When a new transmission support structure is proposed, a community meeting shall be convened by the applicant prior to submittal of an application.

(1) At least two weeks in advance, notice of the meeting shall be provided as follows:

(a) Published in the local paper and mailed to the Department and to the unincorporated area council serving the area in which potential sites are contemplated; and

(b) Mailed notice shall be provided to all property owners within 500 feet (or at least 20 of the nearest property owners, whichever is greater) as required by CMC 18.70.160 of any potential sites, identified by the applicant for possible development, to be discussed at the community meeting. When the proposed transmission support structure exceeds a height of 120 feet, the mailed notice shall be provided to all property owners within 1,000 feet. The mailed notice shall at a minimum contain a brief description and purpose of the project, the estimated height, approximate location noted on an assessor map with address and parcel number, photo or sketch of proposed facility, a statement that alternative sites proposed by citizens can be presented at the meeting which will be considered by the applicant, a contact name and telephone number to obtain additional information and other information deemed necessary by King County. Because the purpose of the community meeting is to promote early discussion, applicants are encouraged to note any changes to the conceptual information presented in the mailed notice when they submit an application.

(2) At the community meeting at which at least one employee of the Department of Development and Environmental Services, assigned by the Director of the Department, shall be in attendance, the applicant shall provide information relative to existing transmission support structures and other nonresidential structures, such as water towers and electrical transmission lines, within one-quarter mile of potential sites, and shall discuss reasons why those existing structures are unfeasible. Furthermore, any alternative sites within one-quarter mile, identified by community members and provided to the applicant in writing at least five days in advance of the meeting, shall be evaluated by the applicant to the extent possible given the timeframe, and discussed at the meeting. A listing of the sites, identified in writing and provided to the applicant at or before the community meetings, shall be submitted to the Department with the proposed application. Applicants shall also provide a list of meeting attendees and those receiving mailed notice and a record of the published meeting notice at the time of application submittal. (Ord. 42-02 § 2 (21A.26.300))

18.70.220 Minor communication facilities – Review process.

Minor communication facilities shall be reviewed as follows:

Minor Communication Facilities – Review Process


Zone District(s)	Antenna	Transmission Support Structure
I, RB, CB, NB, O	P	P C1
F, M	P	P C1
UR, RA, A	P	P2 C1, 2
R1 – R48	P	P C1

P – Permitted Use

C – Conditional Use

1 If the proposal exceeds the development standards of this chapter contained in CMC 18.70.230 for transmission support structures, the proposal shall be reviewed through this process.

2 The proposed transmission support structure shall not be located on any RA or A zoned site for which the development rights have been encumbered by the farmlands preservation program.

(Ord. 42-02 § 2 (21A.26.310))

18.70.230 Minor communication facilities – Development standards for transmission support structures.

A new transmission support structure exceeding the standards of this section are subject to the conditional use permit process as outlined in CMC 18.70.220. These provisions do not apply to transmission support structures that are being modified or replaced pursuant to the provisions of CMC 18.70.290 or replace an existing transmission support structure.

Minor Communication Facilities –
Development Standards


Zone District(s)	Height and Location of Tower	Setbacks1
I	140 feet high	50 feet (or one foot setback for every one foot in height) from any UR, RA, A, or R1 – R48 zone property, whichever provides the greatest setback
RB, CB	120 feet high	Same as above
NB, O, UR, RA, A, R1 – R48	60 feet high	Same as above
F, M	140 feet high	Same as above

1Setbacks may be modified to achieve additional screening, see CMC 18.70.240(3) or as provided in CMC 18.70.040.

(Ord. 42-02 § 2 (21A.26.320))

18.70.240 Minor communication facilities – Visual compatibility standards.

With consideration to engineering and structural requirements, and the coverage patterns the provider is seeking to achieve, minor communication facilities shall be subject to the following visual compatibility standards in addition to CMC 18.125.040:

(1) Antennas should, to the extent practicable, reflect the visual characteristics of the structure to which it is attached. This should be achieved through the use of colors and materials, as appropriate. When located on structures such as buildings or water towers, the placement of the antenna on the structure should reflect the following order of priority in order to minimize visual impact:

(a) A location as close as possible to the center of the structure; and

(b) Along the outer edges or side-mounted; provided, that in this instance, additional means such as screens should be considered and may be required by the Department on a case-by-case basis; and

(c) When located on the outer edge or side-mounted, be placed on the portion of the structure less likely to be seen from adjacent lands containing, in descending order of priority: existing residences, public parks and open spaces, and public roadways.

(2) To the extent that there is no conflict with the color and lighting requirements of the Federal Communication Commission and the Federal Aviation Administration for aircraft safety purposes, transmission support structures shall be designed to blend with existing surroundings to the extent feasible. This should be achieved through the use of compatible colors and materials, and alternative site placement to allow the use of topography, existing vegetation or other structures to screen the proposed transmission support structure from adjacent lands containing, in descending order of priority: existing residences, public parks and open spaces, and public roadways.

(3) The setback provisions of CMC 18.70.230 may be waived by the Department or the Examiner, in order to achieve greater levels of screening than that which would be available by using the stated setback, during the course of the review process described in CMC 18.70.220. In waiving the requirement, the Department or Examiner shall consider the protection of adjacent lands on the basis of the priorities stated in subsections (1) and (2) of this section. (Ord. 42-02 § 2 (21A.26.330))

18.70.250 Minor communication facilities – Additional standards to reduce degree of visual impact.

The Department shall also consider the following criteria and give substantial consideration to on-site location and setback flexibility authorized in CMC 18.70.240(3) when reviewing applications for new freestanding towers and determining appropriate levels of mitigation:

(1) Whether existing trees and vegetation can be preserved in such a manner that would most effectively screen the proposed tower from residences on adjacent properties;

(2) Whether there are any natural landforms, such as hills or other topographic breaks, that can be utilized to screen the tower from adjacent residences;

(3) Whether the applicant has utilized a tower design that reduces the silhouette of the portion of the tower extending above the height of surrounding trees; and

(4) Whether the factors of subsections (2) and (3) of this section can be addressed and the height of the proposed tower be reduced and still provide the level of coverage proposed by the applicant. (Ord. 42-02 § 2 (21A.26.340))

18.70.260 Minor communication facilities – Time limits and establishment period.

The building permit shall become null and void if construction of the transmission support structure has not begun within one year after the effective date of permit approval or if antennas are not installed within 180 days after construction of the transmission support structure. Extensions shall be allowed only in accordance with the criteria specified for building permit extensions. (Ord. 42-02 § 2 (21A.26.350))

18.70.270 Minor communication facilities – Cessation of use.

Antenna shall be removed from transmission support structures within 180 days after the antenna is no longer operational. Transmission support structures for wireless communication facilities shall be removed within one year of the date the last antenna is removed. (Ord. 42-02 § 2 (21A.26.360))

18.70.280 Minor communication facilities – Collocation.

(1) Upon application for a conditional use permit or a building permit for a new freestanding tower, whichever is required first, the applicant shall provide a map showing all existing transmission support structures or other suitable nonresidential structures located within one-quarter mile of the proposed structure with consideration given to engineering and structural requirements. No new transmission support structure shall be permitted if an existing structure suitable for attachment of an antenna or collocation is located within one-quarter mile, unless the applicant demonstrates that the existing:

(a) Is physically or technologically unfeasible pursuant to CMC 18.70.330; or

(b) Is not made available for sale or lease by the owner; or

(d) Would result in conflicts with Federal Aviation Administration height limitations.

(2) The burden of proof shall be on the applicant to show that a suitable existing, modified or replacement structure for mounting of antenna or collocation cannot be reasonably or economically used in accordance with these criteria.

(3) Prior to the receipt of a building permit to construct a new tower, the applicant shall file a letter agreeing to allow collocation on the tower with the Department. The agreement shall commit the applicant to provide, either at a market rate cost or at another cost basis agreeable to the affected parties, the opportunity to collocate the antenna of other service providers on the applicant’s proposed tower to the extent that such collocation is technically feasible for the affected parties.

(4) All new or modified transmission support structures shall be constructed in a manner that would provide sufficient structural strength to allow the collocation of additional antenna from other service providers. (Ord. 42-02 § 2 (21A.26.370))

18.70.290 Minor communication facilities – Modifications.

Antenna modifications consistent with the provisions of CMC 18.70.300 are permitted outright. Modifications to transmission support structures are also permitted outright, provided there is no increase in the height of the transmission support structure:

(1) Necessary to accommodate the actual collocation of the antenna of other service providers, or to accommodate the current providers antenna required to utilize new technology, such as digital transmissions;

(2) Limited to no more than 40 feet above the height of the existing transmission support structure; and

(3) Proposed in a residential zone and the proposed height exceeds 60 feet and is demonstrated by the applicant to be required to meet the proposed area of coverage. If proposed in a residential zone, notice and a comment period shall be provided consistent with the provisions of CMC 14.30.060. If the need for additional height is challenged within the comment period specified, technical evaluation as provided for in CMC 18.70.360 shall be conducted. The Department may approve, require additional mitigation, or deny the proposed height increase on the basis of this technical evaluation. (Ord. 42-02 § 2 (21A.26.380))

18.70.300 Minor communication facilities – Antennas.

Antennas meeting the standards of this section are permitted outright. An antenna shall not extend more than six feet horizontally from any structure to which it is attached. Furthermore, an antenna shall not extend vertically above the uppermost portion of the structure to which it is mounted or attached, as follows:

(1) Not more than 20 feet on a nonresidential structure; and

(2) Not more than 15 feet on a residential structure. (Ord. 42-02 § 2 (21A.26.390))

18.70.310 Minor communication facilities – Location within street, utility and railroad rights-of-way.

The mounting of antennas upon existing or replacement structures, such as light and power poles, located within publicly or privately maintained street, utility and railroad rights-of-way is permitted outright. However, minor communication facilities within street, utility and railroad right-of-way that propose the construction of a separate structure used solely for antennas shall be subject to the zoning provisions applicable to the property abutting the portion of right-of-way where the structure is proposed except that the setbacks specified in the zoning code shall not apply. Setbacks shall be those specified in the road design standards. In cases where the abutting property on either side of the right-of-way has different zoning, the more restrictive zoning provisions shall apply. (Ord. 42-02 § 2 (21A.26.400))

18.70.320 Minor communication facilities – Public parks and open spaces owned by King County.

(1) Within public parks and open spaces owned by King County, the placement of antennas on existing structures, such as power poles, light poles for streets and parking lots, light standards for recreational fields and communication towers, is the preferred option. If an existing structure cannot accommodate an antenna due to structural deficiency, or does not have the height required to provide adequate signal coverage, the structure may be replaced with a new structure; provided, that the new structure will serve the original purpose and not exceed the original height by 40 feet. Any height increase in excess of 40 feet will require a conditional use permit.

(2) The construction of a new freestanding tower within public parks and open spaces owned by King County shall be subject to a conditional use permit when the height of the proposed tower exceeds 60 feet. (Ord. 42-02 § 2 (21A.26.410))

18.70.330 Minor communication facilities – Criteria for determining technical feasibility.

When an applicant is required to demonstrate that an existing structure is not technically feasible for collocation, the evidence submitted to corroborate that finding may consist of any of the following:

(1) No existing structures are located within the geographic area required to meet the applicant’s proposed area of coverage.

(2) Existing structures are not of sufficient structural strength to support the applicant’s proposed antenna and related equipment.

(3) Existing structures are not of sufficient height required to meet the applicant’s proposed area of coverage or allow microwave connection to other sites operated by the applicant.

(4) The applicant’s proposed antenna would cause interference between the proposed and existing antenna, and that even the additional height permitted for collocations pursuant to CMC 18.70.290 would not ensure enough separation to avoid such interference. (Ord. 42-02 § 2 (21A.26.420))

18.70.340 Minor communication facilities – Applicability to vested applications.

The standards of King County Ordinance 13129 shall not apply to vested applications for conditional use permits and building permits for transmission support structures. Furthermore, the standards, except for the antenna mounting provisions of CMC 18.70.300, shall not apply to new building permits required to construct a transmission support structure that been authorized through a prior-vested or prior-approved conditional use or special use permit. (Ord. 42-02 § 2 (21A.26.430))

18.70.350 Minor communication facilities – Standards within City potential annexation areas.

Within the approved potential annexation areas of a City, the agreed upon permitting jurisdiction shall apply the provisions of the applicable City as provided for by an interlocal agreement that has been entered into between the City and the County. The City standards would be applied when adopted in an ordinance by King County. (Ord. 42-02 § 2 (21A.26.440))

18.70.360 Minor communications facilities – Technical evaluation.

The Department of Development and Environmental Services shall retain the services of a registered professional electrical engineer accredited by the State of Washington who holds a Federal communications general radio telephone operator license. The engineer will provide technical evaluation of permit applications for minor communications facilities. The Department is authorized to charge the applicant for these services. The specifications for an RFP to retain a consulting engineer shall specify at least the qualifications noted above, the capacity to provide a three-week turnaround on data review, a request for a proposed fixed fee for services and shall state a preference for a qualified professional with a balance of experience in both the private and public sectors. Such a review shall be performed in a timely manner, be limited to the data necessary to establish findings pursuant to CMC 18.70.330(3) and (4), and avoid any conflicts with the Department’s duty to review permit applications within 120 days of acceptance pursuant to RCW 36.70B.090. This review shall be performed when requested by affected residents pursuant to CMC 18.70.290. (Ord. 42-02 § 2 (21A.26.450))