Chapter 17.70
WIRELESS TELECOMMUNICATIONS FACILITIES1

Sections:

17.70.010    Purpose.

17.70.015    Definitions.

17.70.020    Permits and exemptions.

17.70.030    Eligible facilities request.

17.70.040    General siting criteria for towers.

17.70.050    Large satellite dish antenna(s) – Development standards.

17.70.060    Amateur radio towers – Development standards.

17.70.070    Towers – Development standards.

17.70.080    Wireless communications equipment – Development standards.

17.70.090    Special exemptions.

17.70.100    Design and concealment standards – Small wireless facility deployments.

17.70.010 Purpose.

A. In addition to implementing the general purposes of the comprehensive plan and development regulations, this chapter is intended to regulate the placement, construction, modification and appearance and safety associated with communication towers, amateur radio towers, telecommunications monopoles, satellite dish antenna(s), and related equipment. It provides adequate siting opportunities at appropriate locations within the city to support existing communications technologies and to encourage new technologies as needed for businesses and institutions to stay competitive.

A wide range of locations and options for the provision of wireless technology which minimize safety hazards and visual impacts sometimes associated with wireless communications facilities is provided. The siting of facilities on existing buildings or structures, collocation of telecommunications facilities on a single support structure, and visual mitigation tactics are encouraged to preserve neighborhood aesthetics and reduce visual clutter in the community.

B. The objectives of this chapter follow:

1. Protect existing land uses, views, historic character, and environmental impacts from the placement and deployment of telecommunications facilities, including small wireless facilities.

2. Establish clear and nondiscriminatory permitting requirements.

3. Establish aesthetic controls regulating the wireless industry’s placement of equipment and facilities that protect visual resources and are consistent with federal and state requirements.

4. Encourage, where feasible and technology allowing, the siting of macro and small wireless communication facilities preferentially as such: collocation, concealment, camouflage, screening. (Ord. 1561 § 4 (Exh. B) (part), 2019).

17.70.015 Definitions.

“Antenna” means any apparatus designed for telephonic, radio, data, internet or other communications through the sending and/or receiving of radiofrequency signals including, but not limited to, equipment attached to a tower, utility pole, building or other structure for the purpose of providing wireless services or commingled services.

“Cell on wheels (COW)” means temporary wireless facility, used for special events, during repair, or in emergencies.

“Collocation” means (1) mounting or installing an antenna facility on a preexisting structure, and/or (2) modifying a structure for the purpose of mounting or installing an antenna facility on that structure. Provided, that for purposes of eligible facilities requests, “collocation” means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radiofrequency signals for communications purposes.

“Equipment shelter” means the structure associated with a wireless communications facility or a wireless communications facility that is used to house electronic, radio, battery, and power supply systems or equipment.

“HDCA” means the historic downtown Chelan association.

“Large satellite dish” means any satellite dish antenna(s) whose diameter is greater than one meter in residential zones or two meters in industrial or commercial zones.

“Macro facility” means a large wireless communication facility that provides radio frequency coverage for a wireless telephone network. Generally, macro cell antennas are mounted on ground-based towers, rooftops and other existing structures, at a height that provides a clear view over the surrounding buildings and terrain. Macro cell facilities typically contain antennas that are greater than three cubic feet per antenna and typically cover large geographic areas with relatively high capacity and may be capable of hosting multiple wireless service providers.

“Reception window obstruction” shall mean a physical barrier which would block an electromagnetic signal.

“Satellite dish antenna(s)” shall mean a type of antenna(s) and supporting structure consisting of a solid, open mesh, or bar-configured reflective surface used to receive and/or transmit radiofrequency communications signals. Such an apparatus is typically in the shape of a shallow dish, cone, horn, or cornucopia.

“Small satellite dish” shall mean any satellite dish antenna(s) whose diameter is less than or equal to one meter located in any zoning district or two meters within industrial or commercial zones.

“Small wireless facility” has the same meaning as defined in 47 CFR § 1.6002.

“Small wireless facility (and small wireless network)” means a wireless facility and supporting equipment that meet the following criteria consistent with 47 CFR §§ 1.1312(e)(2) and 1.6002(l):

1. The facilities (a) are mounted on structures fifty feet or less in height including their antennas as defined in 47 CFR § 1.1320(d); or (b) are mounted on structures no more than ten percent taller than other adjacent structures; or (c) do not extend existing structures on which they are located to a height of more than fifty feet or by more than ten percent, whichever is greater;

2. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of “antenna” in 47 CFR § 1.1320(d)), is no more than three cubic feet in volume;

3. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than twenty-eight cubic feet in volume;

4. The facilities do not require antenna structure registration under 47 CFR Part 17;

5. The facilities are not located on tribal lands, as defined under 36 CFR § 800.16(x); and

6. The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR § 1.1307(b).

“Structure” means a pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or commingled with other types of services).

“Tower” shall mean any built structure, including any guy wires and anchors, constructed for the support of antennas. This includes, but is not limited to, lattice towers, guy towers, wood or steel monopoles, and attached antennas.

“Transmission equipment” means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

“Unified enclosure” means a small wireless facility providing concealment of antennas and equipment within a single enclosure.

“Utility pole” means a structure designed and used primarily for the support of electrical wires, telephone wires, television cable, traffic signals, or lighting for streets, parking areas, or pedestrian paths.

“Wireless communications facility” shall mean any unstaffed facility for the transmission and reception of radio or microwave signals used for commercial communication. A wireless communications facility provides services which include wireless, telephone, personal communications services (PCS), other mobile radio services, and any other service provided by wireless common carriers licensed by the Federal Communications Commission (FCC). A wireless communications facility may be attached to an existing structure or a freestanding tower. A wireless communications facility may consist of antenna(s) and related equipment and may include an equipment enclosure, screening, or a support structure. (Ord. 1561 § 4 (Exh. B) (part), 2019).

17.70.020 Permits and exemptions.

A. Permits Required.

1. Building Permits. A building permit is required for all telecommunications facilities unless specifically exempted under subsection B of this section, Exemptions.

2. Telecommunications Facility Permits. A telecommunications facility permit (Type IA) is required for all telecommunications facilities which are not reviewed under special development permit (Type IVA) or general development permit (Type II) processes, except for wireless communications facilities which collocate on an existing tower, where adequate provisions for antennas and ground mounted equipment exist (building permit and eligible facilities request).

3. Combined Review. Telecommunications facilities regulated under this section, requiring a franchise agreement or not, which are proposed in conjunction with a building application for commercial or residential development shall not be required to obtain separate building permit approval or separate telecommunications facility permit approval. However, communications facilities will be reviewed according to the same criteria outlined in this section.

4. Summary of Required Permits. The appropriate permit procedure is delineated in the permitted land uses charts and summarized as follows:

a. Small Satellite Dish Antenna(s). Small satellite dish antenna(s) require no permits and are exempt under this section.

b. Large Satellite Dish Antenna(s). Large satellite dish antenna(s) require a building permit and a telecommunications facility permit (Type IA). In the RM and RL zoning districts, large satellite dish antennas shall require a conditional use permit.

c. Amateur Radio Towers. Amateur radio towers require a building permit and telecommunications facility permit (Type IA).

d.  Towers. Towers and other freestanding support structures require a building permit and a special development permit (Type IVA) in all zoning districts where allowed, except the Warehousing and Industrial District (WI) zone where a general development permit (Type IIA) is required. In the RM and RL zoning districts, towers shall require a conditional use permit.

e. Wireless Communications Facilities.

i. Wireless communications facilities collocated on an existing tower, where adequate provisions for antennas and groundmounted equipment exist, require a building permit and eligible facilities request.

ii. Wireless communications facilities attached to nonresidential structures within commercial and industrial zoning districts require a building permit and a telecommunications facility permit (Type IA) and compliance with concealment measures in Section 17.80.070(A) through (C).

iii. Wireless communications facilities attached to nonresidential structures within all other zoning districts require a building permit and a general development permit (Type IIA).

iv. Wireless communications facilities not attached to an existing structure and not mounted on a broadcast or relay tower (i.e., standalone or groundmounted facilities with antenna(s)) require a building permit and telecommunications facility permit (Type IA).

v. Wireless communications facilities attached to a residential structure require a special development permit (Type IVA). Wireless monopoles, lattice and guy towers, and existing antenna support structures extended in height are regulated by the subsections that govern towers.

f. Telecommunications Facilities Utilizing the Right-of-Way. A franchise agreement pursuant to Chapter 15.22, known as a master license, is required for any siting of telecommunications facilities within the rights-of-way.

g. Small Wireless Permit Application. Small wireless facilities shall comply with Section 15.22.460 permit procedures and the standards set forth in this chapter.

i. Small wireless facilities located in the right-of-way shall be processed in accordance to existing franchise agreement pursuant to Section 15.22.460.

ii. Small wireless facilities located outside the right-of-way shall be processed as a Type IB permit.

h. Small wireless permit applications that include sites within the Downtown Planning Area, as described in Section 17.14.020, should include a nonbinding recommendation from the HDCA regarding concealment elements to minimize visual impacts prior to determination of a complete application. This is a recommendation as HDCA will be consulted as part of the application review process.

 

Type IA

Type IB

Type IIA

Type IIB

Type III

Type IIIB

Type IVA

Type IVB

Type V (Legislative)

 

Telecom permit

 

 

 

 

 

Small Satellite Dish

Exempt

Large Satellite Dish

Telecom permit

Building permit

CUP for RM/RL Zones

Amateur Radio Tower

Telecom permit

Building permits

Towers (freestanding support structures)

 

Building permit

In W/I

SDP or CUP

Wireless Telecommunications Facilities

 

1. Collocated on existing tower

Eligible facilities request

Building permit

 

 

 

 

 

 

 

2. Attached to nonresidential structure in commercial or W/I

Telecom permit

Building permit

 

 

 

 

 

 

 

3. Attached to nonresidential structures in all other zones

 

Building permit

 

 

 

 

 

 

4. Not attached to existing building or tower (stand-alone)

Telecom permit

Building permit

 

 

 

 

 

 

 

5. Attached to residential structures (not allowed in R-L)

 

Building permit

 

 

 

 

SDP

 

 

Small Cell/Wireless in ROW

ROW permit

Small wireless permit

SDP for new poles not designated in franchise agreement

Franchise agreements requirement

Small Cell/Wireless not in ROW

 

Small wireless permit

SDP for new poles not designated in franchise agreement

Eligible Facilities Request

Telecom permit

B. Exemptions. The following antenna(s) shall be exempt from this chapter as follows:

1. VHF and UHF ReceiveOnly Television Antenna(s). VHF and UHF receiveonly antenna(s) shall not be required to obtain site plan approval nor shall they be required to obtain building permit approval. VHF/UHF antenna(s) shall be restricted to a height limit of no more than fifteen feet above the existing or proposed roof.

2. Small Satellite Dish Antenna(s). Small dish antenna(s) in all zones shall be exempt from obtaining site plan approval and shall not be required to obtain building permit approval.

3. A COW (cell on wheels) or other temporary personal wireless telecommunications facility shall be permitted at a time and manner as determined by the city to address emergencies or for temporary placement of a wireless facility while an existing building-mounted site undergoes redevelopment.

C. Timelines. When a time limit for processing any telecommunications permits pursuant to Chapter 19.18 CMC conflicts with the timelines in this section, the following timelines shall apply:

1. Macro Facilities. The city has thirty days to determine if the submission is a complete application. All fees must be paid prior to processing and review of the application. Written notice of further incompleteness after an applicant has submitted supplemental requested information must be issued within ten days of the submission for the clock to toll (pause), otherwise the clock will resume once the submission is received by the city. The city shall be subject to the following timelines:

a. Eligible facilities request: sixty days;

b. New macro facility collocations: ninety days for collocations;

c. New macro facility: one hundred fifty days for new towers or monopoles.

2. Small Wireless. Once a franchise agreement is approved and fees are paid, the review period shall be ten days to determine completeness. If incomplete, the applicant submits requested information and the clock is reset to zero; otherwise the clock will resume once the submission is received by the city. The city shall be subject to the following timelines:

a. Small cell collocation: sixty days.

b. Small cell, new structure or freestanding pole: ninety days.

3. Batched Applications. Small cell wireless application may include more than one facility. However, the city reserves the right to deny any location or site based on criteria but shall not use the denial of one small cell to deny an entire permit. Batched permits shall be ninety days processing when an application includes both collocated and new poles/structures; otherwise the sixty-day processing time shall apply when the batched application only includes collocation on existing support structures. (Ord. 1561 § 4 (Exh. B) (part), 2019).

17.70.030 Eligible facilities request.

Purpose. To implement Section 6409 of Spectrum Act, which requires municipalities to approve eligible facilities requests for a modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station.

A. Definitions. The following definitions shall apply to eligible facilities requests only as described in this section:

“Base station” means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein nor any equipment associated with a tower. “Base station” includes, without limitation:

1. Equipment associated with wireless communications services as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

2. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems (“DAS”) and small wireless networks).

3. Any structure other than a tower that, at the time the relevant application is filed with the city under this section, supports or houses equipment described in subsections (1) and (2) of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.

4. The term does not include any structure that, at the time the eligible facilities request application is filed with the city, does not support or house equipment described in subsections (1) and (2) of this definition.

“Collocation” means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communication purposes.

“Eligible facilities request” means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:

1. Collocation of new transmission equipment;

2. Removal of transmission equipment; or

3. Replacement of transmission equipment.

“Eligible support structure” means any tower or base station as defined in this section; provided, that it is existing at the time the relevant application is filed with the city.

“Existing” means a constructed tower or base station is existing if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process; provided, that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.

“Substantial change” means a modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

1. For towers other than towers in the public rights-of-way, it increases the height of the tower by more than ten percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than ten percent or more than ten feet, whichever is greater;

2. For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;

3. For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent larger in height or overall volume than any other ground cabinets associated with the structure;

4. It entails any excavation or deployment outside the current site;

5. It would defeat the concealment elements of the eligible support structure; or

6. It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified above.

“Tower” means any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul and the associated site.

“Transmission equipment” means equipment that facilitates transmission for any FCC- licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

B. Application. Eligible facilities requests may be made by the applicant by submitting a written letter of request accompanied with a building permit application. The application shall be processed as a Type I permit (telecom permit). The application may not require the applicant to demonstrate a need or business case for the proposed modification.

C. Qualification as an Eligible Facilities Request. Upon receipt of an application for an eligible facilities request, the director shall review such application to determine whether the application qualifies as an eligible facilities request.

D. Time Frame for Review. Within sixty days of the date on which an applicant submits an eligible facilities request application, the director shall approve the application unless it determines that the application is not covered by this section.

E. Tolling of the Time Frame for Review. The sixty-day review period begins to run when the application is filed and may be tolled only by mutual agreement by the director and the applicant or in cases where the director determines that the application is incomplete. The time frame for review of an eligible facilities request is not tolled by a moratorium on the review of applications.

1. To toll the time frame for incompleteness, the director shall provide written notice to the applicant within thirty days of receipt of the application, clearly and specifically delineating all missing documents or information required in the application.

2. The time frame for review begins running again when the applicant makes a supplemental submission in response to the director’s notice of incompleteness.

3. Following a supplemental submission, the director will notify the applicant within ten days that the supplemental submission did not provide the information identified in the original notices delineating missing information. The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in this subsection. Second or subsequent notice of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.

F. Determination that Application Is Not an Eligible Facilities Request. If the director determines that the applicant’s request does not qualify as an eligible facilities request, the director shall deny the application.

G. Failure to Act. In the event the director fails to approve or deny a request for an eligible facilities request within the time frame for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the director in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted. (Ord. 1561 § 4 (Exh. B) (part), 2019).

17.70.040 General siting criteria for towers.

A. The permitted land uses charts identify zoning districts and the review process for telecommunications facilities. The development standards in this section address setback and other site specific location factors. Siting criteria for towers and wireless communications facilities are necessary to encourage the siting of those facilities in locations most appropriate based on land use compatibility, neighborhood characteristics, and aesthetic considerations. No general siting criteria are necessary for satellite dishes or amateur radio towers because these facilities are allowed within all zoning districts.

B. Generally, collocation on existing towers is encouraged by fewer standards and less complex permit procedures (refer to permitted land uses charts). Further, attachment of antenna(s) to existing nonresidential structures and buildings primarily within industrial, manufacturing, business park, and commercial zoning districts is preferable to new towers or monopoles. Feasibility studies prepared by qualified radiofrequency engineers are required for applications for telecommunications facilities to demonstrate that locations on existing structures and/or higher ranked preferred siting locations have been explored by the permit applicant.

C. When a new tower is proposed, preferred locations are within the Warehouse and Industrial District (WI) zone by utilizing Type IIA (i.e., general development permit) permit procedures.

1. Towers including monopoles shall be minimized by collocating wireless facilities on existing towers. New towers are most appropriately located in the WI zoning district followed in order of preference by CW, CHS, TA, PLF, RM, and RL zoning districts. The site considered shall be a minimum of three hundred feet from residential structures unless locating at an existing wireless communications facility or Section 17.70.090, Special exceptions, criteria have been satisfied.

2. Wireless Communications Facilities. The following sites shall be considered by applicants as the preferred order for location of proposed wireless facilities including antenna(s), equipment, and equipment shelters. This section shall not apply to small wireless facilities. As determined feasible, and in order of preference, the sites are:

a. Existing Towers. On any existing site or tower where a legal wireless telecommunications facility is currently located regardless of underlying zoning.

b. Industrial, Manufacturing. Structures or sites used exclusively for industrial and manufacturing park uses within the Warehousing and Industrial District (WI) zone. These are areas of more intensive land uses where a full range of public facilities is expected.

c. Publicly Used Structures. Attached to existing public facilities such as water towers, utility structures, fire stations, bridges, and other public buildings within all zoning districts not utilized primarily for recreational uses. (Refer to rules and regulations specific to facilities located on city-owned land, buildings, or public rightsofway, Chapter 15.22.)

d. Business, Commercial and Public Facilities Sites. Structures or sites used for retail, commercial, and office uses. These are areas of more intensive land uses where a full range of public facilities is expected. These zones in order of priority are CW, CHS, TA and PLF.

e. Structures or sites which are not used wholly for residential use, including residential accessory structures (e.g., detached garage). Where the installation complies with all FCC regulations and standards, institutional structures, places of worship, and other nonresidential sites may be considered.

f. Residential Structures. Wireless communications facilities attached to residential structures are not permitted in the RL zoning district. (Ord. 1561 § 4 (Exh. B) (part), 2019).

17.70.050 Large satellite dish antenna(s) – Development standards.

A. Standards for All Zoning Districts. The following standards shall be applied to all proposed large satellite dish antenna(s):

1. Satellite dish antenna(s) reviewed under this section shall not be located within any front yard or side yard building setback areas.

2. Mountings and satellite dishes should be no taller than the minimum required for the purposes of obtaining an obstruction-free reception window.

3. To the extent technically feasible, specific paint colors may be required to allow the large satellite dish and mounting structures to blend better with their setting.

4. Screening of all large satellite dish antenna(s) shall be provided with one or a combination of the following methods: fencing, walls, landscaping, structures, or topography which will block the view of the antenna(s) as much as practicable from any street and from the yards and main floor living areas of residential properties within approximately five hundred feet. Screening may be located anywhere between the antenna(s) and the abovementioned viewpoints. Landscaping for the purposes of screening shall be maintained in healthy condition.

5. No satellite dish antenna(s) shall be used for the purposes of signage or message display of any kind.

6. Construction plans and final construction of the mounting bases of all large satellite dish antenna(s) shall be approved by the city building department.

7. Aluminum mesh dishes should be used whenever possible instead of a solid fiberglass type.

B. Additional Standards in Residential Zones – Large Satellite Dish Antenna(s).

1. Only one large dish satellite antenna shall be allowed on each property.

2. Large satellite dish antenna(s) shall not be mounted on roofs.

3. Large satellite dish antenna(s) shall not exceed twelve feet in diameter and fifteen feet in height, including their bases. Height shall be measured from existing grade.

4. A solid visual screen (ninety percent solid or more) pursuant to landscaping standards shall be provided as high as the center of the dish when viewed from off the site. Above the center of the dish, the screening should be fifty percent or more to the top of the antenna(s) when viewed from off the site. Evergreen plants shall be used to accomplish year-round screening and shall be large enough at installation to meet appropriate screening standards.

C. Additional Standards in Nonresidential Zones – Large Satellite Dish Antenna(s).

1. Antenna(s) may be either roofmounted or groundmounted.

2. GroundMounted.

a. Groundmounted antenna(s) shall not exceed twelve feet in diameter and fifteen feet in height. Height shall be measured from existing grade.

b. Groundmounted antenna(s) shall be located outside of any required setback and required landscaped area and preferably located in service areas or other less visible locations.

c. From the time of installation, groundmounted antenna(s) shall be solidly screened (ninety percent or more) as high as the center of the dish when viewed from off the site. Solid screening shall be provided as high as the dish if the proposed location abuts an adjoining residential zone.

3. RoofMounted.

a. Roofmounted large satellite antenna(s) shall not exceed twelve feet in diameter and fifteen feet in height, including their bases. Height shall be measured from the roof line.

b. Roofmounted antenna(s) should be placed as close to the center of the roof as possible. If the dish is still visible from any point within approximately five hundred feet as viewed from ground level, additional screening shall be required to supplement the screening provided by the roof itself. If the dish is not visible from five hundred feet or less, no additional screening will be necessary.

c. Roofmounted antenna(s) shall be solidly screened at least as high as the center of the dish. The screening shall be of a material and design compatible with the building, and can include penthouse screening, parapet walls, or other similar screening. (Ord. 1561 § 4 (Exh. B) (part), 2019).

17.70.060 Amateur radio towers – Development standards.

A. Development Standards for All Zoning Districts.

1. Amateur radio towers reviewed under this section shall not be located within any easements, the front yard or side or rear yard building setback areas.

2. Mountings and amateur radio towers should be no taller than the minimum required for the purposes of obtaining an obstruction-free reception window.

3. To the extent technically feasible, and in compliance with safety regulations, specific paint colors may be required to allow the tower to blend better with its setting.

4. Screening of the bases of groundmounted amateur radio towers shall be provided with one or a combination of the following methods: fencing, walls, landscaping, structures, or topography which will block the view of the antenna(s) as much as practicable from any street and from the yards and main floor living areas of residential properties within approximately five hundred feet. Screening may be located anywhere between the base and the abovementioned viewpoints. Landscaping for the purposes of screening shall be maintained in a healthy condition. Bases of amateur radio towers shall be solidly screened by a view-obscuring fence, wall, or evergreen plantings at least six feet in height.

5. Amateur radio towers shall not be used for the purposes of signage and shall not display a message of any kind.

6. Construction plans and final construction of the mounting bases of amateur radio towers covered by this section shall meet the structural design requirements of this section and shall be approved by the city building department.

7. Amateur radio towers may be ground or roofmounted; however, groundmounted towers must be located at a point as far from lot lines as feasible.

B. Additional Standards in Residential Zones – Amateur Radio Towers.

1. Towers shall not be constructed or used for commercial use.

2. The height of a groundmounted tower may not exceed sixty-five feet unless a proposal demonstrates that physical obstructions impair the adequate use of the tower. Telescoping towers may exceed the sixty-five foot height limit only when extended and operating. The combined structure of a roofmounted tower and antenna(s) shall not exceed a height of twenty-five feet above the existing roofline.

3. Towers shall be located at a point farthest from lot lines as feasible, or the point farthest from residential structures on abutting properties.

4. In residential zones, the base of a groundmounted tower shall be screened with fencing, walls, landscaping, or other means such that the view of the antenna(s) base is blocked as much as practicable from any street and from the yards and main living floor areas of surrounding residential properties. The screening may be located anywhere between the antenna(s) and the abovementioned viewpoints. Landscaping that qualifies for the purpose of screening shall be maintained in a healthy condition.

5. Applications shall document that the proposed tower and any mounting bases are designed to withstand wind and seismic loads as established by the International Building Code. (Ord. 1561 § 4 (Exh. B) (part), 2019).

17.70.070 Towers – Development standards.

A. Development Standards for All Zoning Districts.

1. The applicant shall demonstrate that the proposed location was selected pursuant to the siting criteria of Section 17.70.040. Placement of a tower shall be denied if an alternative placement of the antenna(s) on a building or other existing structure can accommodate the communications needs. Applications shall be required to provide documentation that reasonable efforts to identify alternative locations were made.

2. Owners and operators of a proposed tower shall provide information regarding the opportunity for the collocation of other antenna(s) and related equipment. If feasible, provision for future collocation may be required.

3. All towers shall be the minimum height necessary to achieve the applicant’s coverage and/or capacity objectives, and any collocation required by the city.

4.  Towers reviewed under this section shall not be located within any required building setback areas.

5.  Towers shall not be used for the purposes of signage to display a message of any kind.

6. To the extent technically feasible and in compliance with safety regulations, specific colors of paint may be required to allow the tower to blend better with its setting. The tower shall be integrated through location and design to blend in with the existing characteristics of the site to the extent practical. Before and after photos or drawings shall be submitted demonstrating the camouflaging or screening techniques used.

7. Any fencing required for security shall meet general fencing requirements of the city.

8. A Washington licensed professional engineer shall certify in writing, over his or her seal, that both construction plans and final construction of the towers are designed to reasonably withstand wind and seismic loads as established by the International Building Code.

9. All towers shall be removed by the facility owner within twelve months of the date they cease to be operational, or if the facility falls into disrepair and is not maintained. Disrepair includes structural features, paint, landscaping, or general lack of maintenance which could result in safety or visual impacts. The tower to be removed includes the freestanding support structure, attached antenna(s), and related equipment, including the concrete pad on which the support structure is located, if applicable.

B. Additional Standards in Residential Zones – Towers.

1. Commercial towers shall not be allowed in the residential (RL and RM) zones unless they meet the special exception criteria of Section 17.70.080.

2. The combined tower and antenna(s) shall not extend more than fifteen feet above the maximum height of the zone for which it is proposed. A height bonus of fifteen feet may be allowed by the approval authority when collocation is specifically provided for on the tower.

3. The attached antenna(s) shall not dominate the appearance of the structure.

4.  Towers shall be located at a point farthest from lot lines as feasible.

5. The base of a groundmounted tower shall be screened with fencing, walls, landscaping, or other means such that the view of the antenna(s) base is blocked as much as practicable from any street and from the yards and main living floor areas of surrounding residential properties. Before and after photos or drawings shall be submitted demonstrating the camouflaging or screening techniques used. The screening may be located anywhere between the antenna(s) and the abovementioned viewpoints. Landscaping that qualifies for the purpose of screening shall be maintained in a healthy condition. (Ord. 1561 § 4 (Exh. B) (part), 2019).

17.70.080 Wireless communications equipment – Development standards.2

A. Development Standards for All Zoning Districts. The following standards shall be applied to all wireless equipment, antennas and equipment shelters, exclusive of the tower, except for small wireless facilities in the right-of-way, which are regulated by Section 17.70.100. Wireless monopoles, lattice and guy towers, and existing pole structures extended in height are regulated by the provisions that govern towers, Section 17.70.060, and may be subject to Section 17.70.030, Eligible facilities requests.

1. Placement of a new freestanding wireless communications facility shall be denied if placement of the antenna(s) on an existing structure can accommodate the operator’s communications needs. The collocation of a proposed antenna(s) on an existing tower or placement on an existing structure shall be explored and documented by the operator in order to show that reasonable efforts were made to identify alternate locations.

2. No wireless equipment reviewed under this section shall be located within required building setback areas.

3. The combined antenna(s) and supporting structure shall not extend more than fifteen feet above the existing or proposed roof structure.

4. No wireless equipment shall be used for the purposes of signage or message display of any kind other than that required by law.

5. Location of wireless communications antenna(s) on existing buildings or other structures shall be screened or camouflaged to the greatest practicable extent by use of shelters, compatible materials, location, color, and/or other stealth tactics to reduce visibility of the antenna(s) as viewed from any street or residential property. Before and after photos or drawings shall be submitted demonstrating the camouflaging or screening techniques used. If within the Downtown Planning Area, as described in Section 17.14.020, evidence that HDCA have been contacted and their input has been incorporated into the screening or camouflaging should be provided with the application.

6. Screening of wireless equipment shall be provided with one or a combination of the following materials: fencing, walls, landscaping, structures, or topography which will block the view of the antenna(s) and equipment shelter as much as practicable from any street and from the yards and main floor living areas of residential properties within approximately five hundred feet. Screening may be located anywhere between the base and the abovementioned viewpoints. Landscaping for the purposes of screening shall be maintained in a healthy condition.

7. Any fencing required for security shall meet general fencing requirements of the city.

8. Construction plans and final construction of the mountings of wireless antenna(s) and equipment shelters shall be approved by the city building department. Applications shall document that the proposed tower and any mounting bases are designed to reasonably withstand wind and seismic loads.

9. A wireless communications facility shall be removed by the facility owner within twelve months of the date it ceases to be operational, or if the facility falls into disrepair and is not maintained. Disrepair includes structural features, paint, landscaping, or general lack of maintenance which could result in safety or visual impacts. The wireless communications facility to be removed consists of antenna(s) and related equipment and may include equipment enclosure, screening, or support structure, including the concrete pad on which the support structure is located, if applicable.

B. Additional Standards in Residential Zones – Wireless Communications Facilities.

1. Commercial telecommunications facilities shall be allowed in the residential zones only when attached to public facilities or when the special exception criteria in Section 17.70.090 are satisfied and a special development permit is obtained pursuant to Section 17.56.280. For purposes of this provision, “public facilities” shall mean those facilities owned by a public entity.

2. The antenna(s) shall not dominate the structure upon which it is attached and shall be visually concealed utilizing color and compatible material to camouflage the facility to the greatest extent feasible.

3. Associated aboveground equipment shelters shall be minimized and shall not exceed two hundred forty square feet (e.g., twelve by twenty feet) unless operators can demonstrate that more space is needed. Shelters shall be painted a color that matches existing structures or the surrounding landscape. The use of concrete or concrete aggregate shelters is not allowed. A solid visual screen (ninety percent solid or more) shall be created around the perimeter of the shelter. Operators shall consider undergrounding equipment if technically feasible or placing the equipment within existing structures.

C. Additional Development Standards in Nonresidential Zones – Wireless Communications Facilities. Associated aboveground equipment shelters shall not exceed two hundred forty square feet (e.g., twelve by twenty feet) unless operators can demonstrate that more space is needed. A solid visual screen (ninety percent solid or more) shall be created around the perimeter of the shelter. Operators shall consider undergrounding equipment if technically feasible or placing the equipment within an existing structure. Aboveground equipment shelters for antenna(s) located on buildings shall be located within, on the sides or behind the buildings and screened to the fullest extent possible. Screening of exterior shelters shall provide colors and materials which blend with surrounding structures. (Ord. 1561 § 4 (Exh. B) (part), 2019).

17.70.090 Special exceptions.3

When adherence to all development standards of this chapter would result in a physical barrier which would materially inhibit the ability to provide service, a special exception may be permitted, provided both criteria outlined below are met. Exceptions do not apply to variations from the International Building Code. A variance pursuant to Chapter 17.64 is required for variations from applicable zoning regulations not described in this chapter.

The final approval authority for granting of the special exception shall be the same as that of the permit approving the antenna(s) location. A request for a special exception shall be processed in conjunction with the permit approving the antenna(s) location and shall not require any additional application or fees.

Upon review of special exception requests, the approval authority shall consider first those standards having the least effect upon the resulting aesthetic compatibility of the antenna(s) or tower with the surrounding environment. The approval authority shall review setback, size, screening requirements, and height limits.

A. Special Exception Criteria – General Criteria.

1. The applicant shall justify the request for a special exception by demonstrating that the obstruction or inability to effectively provide service is the result of factors beyond the property owner’s or applicant’s control, taking into consideration potential permitted development on adjacent and neighboring lots with regard to future reception window obstruction. Pictures, drawings (to scale), maps and/or manufacturer’s specifications, and other technical information as necessary, should be provided to demonstrate to the city that the special exception is necessary.

2. The applicant for a special exception shall demonstrate that the proposed materials, shape, and color of the antenna(s) will minimize negative visual impacts on adjacent or nearby residential uses to the greatest extent possible. The use of certain materials, shapes and colors may be required in order to minimize visual impacts.

B. Large Satellite Dish Antenna(s) – Special Exceptions.

1. Residential Zones. Modifications to requirements for setbacks, size, screening and maximum height limit may be considered by special exception. If a special exception from the height limit for a groundmounted dish is requested, the height of the dish shall be limited to a maximum of eighteen feet.

Only if these modifications would still block an electromagnetic signal shall rooftop location be considered. If a special exception is sought to obtain a rooftop location, the diameter of the dish shall be limited to six feet and maximum permitted height shall be fifteen feet above the roofline. The approval authority may require the applicant to place the antenna(s) in an area on the roof which takes into consideration view blockage and aesthetics, provided there is a usable signal.

2. Nonresidential Zones.

a. GroundMounted Antenna(s). Exceptions to be first considered shall be from setback, landscape and service area requirements, and size and screening requirements. Only if these waived regulations would still block an electromagnetic signal shall a special exception from height requirements be considered. If a special exception is sought to vary from the height limit, the height of the dish shall be limited to a maximum of twenty feet.

b. RoofMounted Antenna(s). The first exception to be considered shall be the center of roof requirement; the second exception shall be from the size and screening requirements, respectively. Only if these waived regulations would still result in a block of the signal shall a special exception from height requirements be considered. A special exception from the height limit shall be allowed up to a maximum of twenty feet above the existing or proposed structure. The approval authority may require the applicant to place the antenna(s) in an area on the roof which takes into consideration view blockage and aesthetics, provided there is a usable signal and structural considerations allow the alternative placement.

C. Amateur Radio Towers – Special Exceptions.

1. Residential Zones. Where a property owner desires to vary from the height, location or setback limitations, the special exception general criteria must be met.

D.  Towers – Special Exceptions. Where a property owner desires to vary from applicable criteria, the special exception general criteria must be met.

E. Wireless Communications Facilities – Special Exceptions.

1. Special Use Zone and Residential Zones. An applicant of a proposed wireless facility that exceeds the height limit shall meet the special exception general criteria.

2. Commercial and Industrial Zones. An applicant of a proposed wireless communications facility that exceeds the height limit shall be required to meet the special exception general criteria. (Ord. 1561 § 4 (Exh. B) (part), 2019).

17.70.100 Design and concealment standards – Small wireless facility deployments.4

Small wireless facility deployments whether permitted in the right-of way under Chapter 15.22 or permitted in accordance with this chapter shall conform to the following design standards:

A. General Requirements.

1. Ground-mounted equipment in the rights-of-way is prohibited, unless such facilities are placed underground, or the applicant can demonstrate that pole-mounted, or undergrounded equipment is technically infeasible. If ground-mounted equipment is necessary, then the applicant shall submit a concealment element plan. Generators located in the rights-of-way are prohibited.

2. No equipment shall be operated so as to produce noise in violation of Title 8.

3. Small wireless facilities are not permitted on traffic signal poles.

4. Replacement poles and new poles shall comply with the American with Disabilities Act (ADA), city construction and sidewalk clearance standards, and state and federal regulations in order to provide a clear and safe passage within the rights-of-way.

5. Replacement poles shall be located as near as possible to the existing pole with the requirement to remove the abandoned pole.

6. The design criteria as applicable to small wireless facilities described herein shall be considered concealment elements and such small wireless facilities may only be expanded upon an eligible facilities request, when the modification does not defeat the concealment elements of the facility.

7. No signage, message or identification other than the manufacturer’s identification or identification required by governing law is allowed to be portrayed on any antenna, and any such signage on equipment enclosures shall be of the minimum amount possible to achieve the intended purpose; provided, that signs are permitted as concealment element techniques where appropriate.

8. Antennas and related equipment shall not be illuminated except for security reasons, as required by a federal or state authority, or unless approved as part of a concealment element plan.

9. Side arm mounts for antennas or equipment are prohibited.

10. The preferred location of a small wireless facility on a pole is the location with the least visible impact.

11. When requested by the city, the applicant shall install a scaled mock-up version of the facility equipment for temporary viewing purposes to determine the least visual impact upon the city’s viewsheds and for visual encroachments that may undermine the historic downtown district character.

12. Antennas, equipment enclosures, and ancillary equipment, conduit and cable, shall not dominate the building or pole upon which they are attached.

13. The city may consider the cumulative visual effects of small wireless facilities mounted on poles within the rights-of-way when assessing proposed siting locations so as to not adversely affect the visual character of the city, important viewsheds of Lake Chelan, or detract from the historic character of the downtown district. This provision shall not be applied to limit the number of permits issued when no alternative sites are reasonably available nor to impose a technological requirement on the service provider.

14. When an applicant proposes siting small wireless facilities in the Downtown Planning Area, as described in Section 17.14.020, small wireless facilities permit applications should include a nonbinding recommendation from the HDCA regarding concealment and camouflaged techniques to ensure consideration of preserving the historical intent of the district is upheld. This is recommended as HDCA will be consulted as part of the application review process.

15. The concealment element plan shall include the design of the screening, fencing or other concealment technology for a tower, pole, or equipment structure, and all related transmission equipment or facilities associated with the proposed small wireless communications facility, including but not limited to fiber and power connections.

a. The concealment element design should seek to minimize the visual obtrusiveness of wireless communications facility installations. The proposed pole or structure should have similar designs to existing neighboring poles in the rights-of-way, including to the extent technically feasible, similar height. Other concealment methods include, but are not limited to, integrating the installation with architectural features or building design components, utilization of coverings or concealment devices of similar material, color and texture – or the appearance thereof – as the surface against which the installation will be seen or on which it will be installed, landscape design, or other camouflage strategies appropriate for the type of installation. Applicants are required to utilize designs in which all conduit and wirelines are installed internally in the structure or otherwise integrated into the design of the structure. Use of a unified enclosure equal to or less than four cubic feet in volume may be permitted in meeting these criteria.

b. If the director has already approved a concealment element design in a franchise agreement, or another wireless communications facility along the same public right-of-way for the same pole type, then the applicant shall utilize a substantially similar concealment element design, unless it can show that such concealment element design is not physically or technologically feasible, or that such deployment would undermine the generally applicable design standards.

B. These design standards are intended to be used solely for the purpose of concealment and siting. Nothing herein shall be interpreted or applied in a manner which dictates the use of a particular technology. When strict application of these requirements would unreasonably impair the function of the technology chosen by the applicant, alternative forms of concealment or deployment may be permitted which provide similar or greater protections from negative visual impacts to the streetscape.

C. Small Wireless Facilities Attached to Non-Wooden Poles. Small wireless facilities attached to existing or replacement non-wooden light poles and other non-wooden poles in the right-of-way or poles outside of the right-of-way shall conform to the following design criteria:

1. Antennas and the associated equipment enclosures shall be sited and installed in a manner which minimizes the visual impact on the streetscape either by fully concealing the antennas and associated equipment fully within the pole or through a concealment element plan which provides an equivalent or greater impact reduction. This requirement shall be applied in a manner which does not dictate the technology employed by the service provider nor unreasonably impair the technological performance of the equipment chosen by the service provider.

2. All conduit, cables, wires and fiber must be routed internally in the light pole. Full concealment of all conduit, cables, wires and fiber is required within mounting brackets, shrouds, canisters or sleeves if attaching to exterior antennas or equipment.

3. An antenna on top of an existing pole may not extend more than ten percent above the height of surrounding structures nor shall exceed six feet above the height of the existing pole, whichever is less, unless the provider can provide evidence that the deployment is technically unfeasible at this height allowance. The carrier must deploy the lowest height extension that is technically feasible.

4. The diameter may not exceed sixteen inches, measured at the top of the pole. The antennas shall be integrated into the pole design so that they appear as a continuation of the original pole, including colored or painted materials to match the pole, and shall be shrouded or screened to blend with the pole; canister antennas shall be required to match color, texture, and/or material of support structure and be designed in a way as to appear as an extension of the pole. All cabling and mounting hardware/brackets from the bottom of the antenna to the top of the pole shall be fully concealed and integrated with the pole.

5. Any replacement pole shall substantially conform to the design of the pole it is replacing or the neighboring pole design standards utilized within the contiguous right-of-way. In the Downtown Planning Area, applications for new poles should be reviewed and accompanied by a nonbinding letter of recommendation by the HDCA as HDCA will be consulted as part of the application review process.

6. The height of any replacement pole may not extend more than ten feet above the height of the existing pole or the minimum additional height necessary for adequate clearance from electrical wires, whichever is greater.

7. The diameter of a replacement pole shall comply with the city’s setback and sidewalk clearance requirements, ADA requirements, and if a replacement light standard then with the city’s lighting requirements.

8. The use of the pole for the siting of a small wireless facility shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host site for a small wireless facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small wireless facility and the small wireless facility and all associated equipment shall be removed.

D. Wooden Pole Design Standards. Small wireless facilities located on wooden poles shall conform to the following design criteria:

1. The wooden pole at the proposed location may be replaced with a taller pole for the purpose of accommodating a small wireless facility; provided, that the replacement pole shall not exceed a height that is a maximum of six feet taller than the existing pole, unless a further height increase is required and confirmed in writing by the pole owner and that such height extension is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities.

2. A pole extender may be used instead of replacing an existing pole but may not increase the height of the existing pole by more than ten feet, unless a further height increase is required and confirmed in writing by the pole owner and that such height increase is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities. A “pole extender” as used herein is an object affixed between the pole and the antenna for the purpose of increasing the height of the antenna above the pole. The pole extender shall be painted to approximately match the color of the pole and shall substantially match the diameter of the pole measured at the top of the pole.

3. Replacement wooden poles may either match the approximate color and materials of the replaced pole or shall be the standard new wooden pole used by the pole owner in the city.

4. Antennas, equipment enclosures, and all ancillary equipment, boxes and conduit shall be colored or painted to match the approximate color of the surface of the wooden pole on which they are attached.

5. Panel antennas shall not be mounted more than twelve inches from the surface of the wooden pole.

6. Antennas should be placed in an effort to minimize visual clutter and obtrusiveness. Multiple antennas are permitted on a wooden pole; provided, that each antenna enclosure shall not be more than three cubic feet in volume.

7. A canister antenna may be mounted on top of an existing wooden pole, which may not exceed the height requirements described in subsection (D)(1) of this section. A canister antenna mounted on the top of a wooden pole shall not exceed sixteen inches, measured at the top of the pole, and shall be colored or painted to match the pole. The canister antenna must be placed to look as if it is an extension of the pole. In the alternative, the applicant may propose a side-mounted canister antenna, so long as the inside edge of the antenna is no more than twelve inches from the surface of the wooden pole. All cables shall be concealed either within the canister antenna or within a sleeve between the antenna and the wooden pole.

8. An omni-directional antenna may be mounted on the top of an existing wooden pole, provided such antenna is no more than four feet in height and is mounted directly on the top of a pole or attached to a sleeve made to look like the exterior of the pole as close to the top of the pole as technically feasible. All cables shall be concealed within the sleeve between the bottom of the antenna and the mounting bracket.

9. All related equipment, including but not limited to ancillary equipment, radios, cables, associated shrouding, microwaves, and conduit which are mounted on wooden poles, shall not be mounted more than six inches from the surface of the pole, unless a further distance is technically required, and is confirmed in writing by the pole owner.

10. Equipment for small wireless facilities must be attached to the wooden pole, unless otherwise permitted to be ground-mounted pursuant to subsection (A)(1) of this section. The equipment must be placed in the smallest enclosure possible for the intended purpose. The equipment enclosure may not exceed twenty-eight cubic feet. Multiple equipment enclosures may be acceptable if designed to more closely integrate with the pole design and do not cumulatively exceed twenty-eight cubic feet. The applicant is encouraged to place the equipment enclosure behind any banners or road signs that may be on the pole, if such banners or road signs are allowed by the pole owner.

11. An applicant who desires to enclose its antennas and equipment within a unified enclosure may do so; provided, that such unified enclosure does not exceed four cubic feet. To the extent possible the unified enclosure shall be placed so as to appear as an integrated part of the pole or behind banners or signs. The unified enclosure may not be placed more than six inches from the surface of the pole, unless a further distance is technically required and confirmed in writing by the pole owner.

12. The visual effect of the small wireless facility on all other aspects of the appearance of the wooden pole shall be minimized to the greatest extent possible.

13. The use of the wooden pole for the siting of a small wireless facility shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host site for a small wireless facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small wireless facility and the small wireless facility and all associated equipment shall be removed.

14. All cables and wires shall be routed through conduit along the outside of the pole. The outside conduit shall be colored or painted to match the pole. The number of conduits shall be minimized to the number technically necessary to accommodate the small wireless facility.

E. Small Wireless Facilities Attached to Existing Buildings. Small wireless facilities attached to existing buildings shall conform to the following design criteria:

1. Small wireless facilities may be mounted to the sides of a building if the antennas do not interrupt the building’s architectural theme.

2. Small wireless facilities may not extend more than ten percent of the building height and may not be more than ten percent of the allowed building height in any zone.

3. Small wireless facilities shall not interrupt existing and prominent architectural lines or horizontal features and details or vertical reveals.

4. New architectural features such as columns, pilasters, corbels, or other ornamentation that conceal antennas may be used if they complement the architecture of the existing building.

5. Small wireless facilities shall utilize the smallest mounting brackets necessary in order to provide the smallest offset from the building.

6. Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order to conceal mounting hardware, create a cleaner appearance, and minimize the visual impact of the antennas. Exposed cabling/wiring is prohibited.

7. Small wireless facilities shall be painted and textured to match the adjacent building surfaces.

F. Small wireless facilities mounted on cables strung between existing utility poles shall conform to the following standards:

1. Each strand-mounted facility shall be no more than three cubic feet in volume;

2. Only one strand-mounted facility is permitted per cable between any two existing poles;

3. The strand-mounted devices shall be placed as close as possible to the nearest utility pole, in no event more than five feet from the pole unless a greater distance is required by the pole owner for safety clearance;

4. No strand-mounted device shall be located in or above the portion of the roadway open to vehicular traffic;

5. Grantee may not place an ancillary pole or ground-mounted equipment to accommodate such strand-mounted facilities, unless in the case of ground-mounted equipment placed in preexisting equipment cabinets; and

6. Such strand-mounted devices must be installed to cause the least visual impact and without excess exterior cabling or wires (other than the original strand).

G. New Poles in the Rights-of-Way for Small Wireless Facilities and Installations. An application for a new pole in the right-of-way is subject to a special development permit and any conditions set forth in the governing franchise agreement consistent with Chapter 15.22.

1.  New poles within the rights-of-way are only permitted if the applicant can establish that:

a. The proposed small wireless facility cannot be located on an existing utility pole or light pole, electrical transmission tower or on a site outside of the public rights-of-way such as a public park, public property, building, transmission tower or in or on a nonresidential use in a residential zone whether by roof or panel-mount or separate structure;

b. The proposed wireless communications facility receives approval for a concealment element plan, as described in subsection (H)(3) of this section;

c. The proposed wireless communications facility also complies with shoreline and SEPA, if applicable.

2. Even if an alternative location is established pursuant to subsection (G)(1) of this section, the hearing examiner may determine through the special development permit process that a new pole in the right-of-way is in fact a superior alternative based on the impact to the city, the particulars of the concealment element design, goals of the city’s comprehensive plan, and the added benefits to the community.

3. Prior to the issuance of a permit to construct a new pole or ground-mounted equipment in the right-of-way, the applicant must obtain a site-specific agreement from the city to locate such new pole or ground-mounted equipment. This requirement also applies to replacement poles that are higher than the replaced pole, and the overall height of the replacement pole and the proposed wireless communications facility is more than sixty feet.

4. Installation of small wireless facilities in a design district shall be permitted by an administrative approval of a concealment plan utilizing the design and concealment standards contained in this chapter.

5. These design standards are intended to be used solely for the purpose of concealment and siting. Nothing herein shall be interpreted or applied in a manner which dictates the use of a particular technology. When strict application of these requirements would unreasonably impair the function of the technology chosen by the applicant, alternative forms of concealment or deployment may be permitted which provide similar or greater benefits.

H. No new poles shall be located in a critical area or associated buffer required by the city’s critical areas management ordinance, except when determined to be exempt pursuant to said ordinance. (Ord. 1561 § 4 (Exh. B) (part), 2019).


1

Prior legislation: Ords. 1214, 1352 and 1533.


2

Code reviser’s note: Ordinance 1561 set this section out as Section 17.70.070. The section has been renumbered to avoid duplicate numbering.


3

Code reviser’s note: Ordinance 1561 set this section out as Section 17.70.080. The section has been renumbered to avoid duplicate numbering.


4

Code reviser’s note: Ordinance 1561 set this section out as Section 17.70.090. The section has been renumbered to avoid duplicate numbering.