Chapter 20.50
WIRELESS COMMUNICATION FACILITIES

Sections:

20.50.010    Purpose.

20.50.020    Applicability.

20.50.030    Exemptions.

20.50.040    Prohibitions.

20.50.050    General macro facility siting criteria and design considerations.

20.50.060    Permits and shot clocks.

20.50.070    Application requirements.

20.50.080    Eligible facilities requests.

20.50.090    New building-mounted macro wireless communication facility standards.

20.50.100    New structure-mounted macro wireless communication facilities standards.

20.50.110    New monopole standards.

20.50.120    Temporary facilities.

20.50.130    Small wireless standards and approval process.

20.50.140    Abandonment or discontinuation of use.

20.50.150    Maintenance.

20.50.160    Definitions.

20.50.010 Purpose.

A. The purpose of this chapter is to regulate the placement, construction, modification and appearance of wireless communication facilities, in order to protect the health, safety and welfare of the public, while not unreasonably interfering with the deployment of competitive wireless communication facilities throughout the city. The purpose of this chapter may be achieved through adherence to the following objectives:

1. Protect residential areas and land uses from potential adverse impacts that wireless communication facilities might create, including but not limited to negative impacts on aesthetics, environmentally sensitive areas, historically significant locations, flight corridors, and health and safety of persons and property;

2. Establishment of clear and nondiscriminatory local regulations concerning wireless communication facilities and services that are consistent with federal and state laws and regulations;

3. Encourage providers of wireless communication facilities to locate facilities, to the extent feasible, in areas where the adverse impact on the public health, safety and welfare is minimal;

4. For macro facilities, encourage the location of those facilities in nonresidential areas and allow macro facilities in residential areas only when necessary to meet functional requirements of the communications industry as defined by the Federal Communications Commission;

5. Minimize the total number of macro facilities in residential areas;

6. Encourage and, where legally permissible, require cooperation between competitors and, as a primary option, joint use of new and existing towers, tower sites and suitable structures to the greatest extent possible, where doing so would significantly reduce or eliminate additional negative impact on the city;

7. Ensure wireless communication facilities are configured in a way that minimizes the adverse visual impact of the facilities, as viewed from different vantage points, through careful design, landscape screening, minimal impact siting options and camouflaging techniques, dispersion of unscreened features to lessen the visual impact upon any one location, and through assessment of innovative siting techniques;

8. Enable wireless communication companies to enter into lease agreements with the city to use city property for the placement of wireless facilities, where consistent with other public needs, as a means to generate revenue for the city;

9. Balance the city’s intent to minimize the adverse impacts of wireless communication facilities with the ability of the providers of communications services to deploy such services to the community quickly, effectively and efficiently;

10. Provide for the prompt removal of wireless communication facilities that are abandoned or no longer inspected for safety concerns and building code compliance, and provide a mechanism for the city to cause these abandoned wireless communication facilities to be removed as necessary to protect the citizens from imminent harm and danger;

11. Avoid potential damage to people and adjacent properties from tower failure and falling equipment, through strict compliance with state building and electrical codes; and

12. Disperse the adverse impacts of small wireless facility facilities as evenly as possible throughout the community, especially when joint use does not eliminate additional visual impact.

B. In furtherance of these objectives, the city shall give due consideration to the zoning code, existing land uses, and environmentally sensitive areas when approving sites for the location of wireless communication facilities.

C. These objectives were developed to protect the public health, safety and welfare, to protect property values, and to minimize and disperse visual impact, while furthering the development of enhanced communications services in the city. These objectives were designed to comply with the Telecommunications Act of 1996 and its implementing regulations. The provisions of this chapter are not intended to and any ambiguities herein shall not be interpreted in such a manner that would materially inhibit the deployment of wireless communication facilities. This chapter shall not be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent wireless facilities.

D. To the extent that any provision of this chapter is inconsistent or conflicts with any other city ordinance, this chapter shall control. Otherwise, this chapter shall be construed consistently with the other provisions and regulations of the city.

E. In reviewing any application to place, construct or modify wireless communication facilities, the city shall act within federally required time periods. Any decision to deny an application shall be in writing, supported by substantial evidence contained in a written record. The city shall approve, approve with conditions, or deny the application in accordance with this title, this chapter, the adopted Edmonds comprehensive plan, and other applicable ordinances and regulations. [Ord. 4147 § 2 (Att. A), 2019; Ord. 3961 § 1, 2014; Ord. 3845 § 2 (Att. A), 2011].

20.50.020 Applicability.

A. Except as provided herein, all wireless communication facilities shall comply with the provisions of this chapter. The standards and process requirements of this chapter supersede all other review process, setback, height or landscaping requirements of the Edmonds Community Development Code (ECDC).

B. Environmental. All proposed installations are subject to a threshold determination under the State Environmental Policy Act (SEPA) according to Chapter 20.15A ECDC unless categorically exempt pursuant to WAC 197-11-800. All proposals are subject to the critical areas requirements in ECDC Title 23 and the shoreline master program in ECDC Title 24.

C. Master Permit Agreement Needed.

1. Consistent with Chapter 35.99 RCW, any person, corporation or entity that proposes to locate any portion of a wireless communication facility within the city right-of-way must have a valid, fully executed master permit with the city before submitting applications for right-of-way construction permits.

2. Wireless providers interested in obtaining a master permit must apply as follows to have a complete application:

a. Make application in writing to the city attorney c/o the city clerk’s office;

b. Submit an electronic proposed master permit form in Word format; provided, that this requirement shall no longer apply in the event that the city council has adopted a standard master permit template;

c. Submit three valid, fully executed master permits that the provider has with other cities in Washington State; provided, that this requirement shall be excused to the extent that the provider does not have sufficient valid master permits in other jurisdictions to meet that requirement;

d. Submit a map showing provider’s proposed new macro and small cell facilities within the city of Edmonds over the first two years of the master permit; and

e. If the provider is seeking legislative approval for an alternative WCF design that does not comply with this chapter, the provider may elect to use the following optional WCF design approval process. To use this option process, the provider must submit with the master permit application the following additional materials:

i. Photographs, precise measurements, and technical specifications of the proposed alternative WCF design;

ii. A signed affidavit from a speaking agent for the provider that: (A) explains, by citing to specific city code provisions, the factual reasons why the WCFs used by the provider cannot comply with the city’s adopted aesthetic regulations; and (B) attaches photographs and technical specifications of all other WCF designs currently available to the provider; and

iii. A legal analysis as to: (A) whether the city’s approval of the proposed alternative WCF would unreasonably discriminate among providers of functionally equivalent services; and (B) whether the city’s denial of the proposed alternative WCF would prohibit or have the effect of prohibiting the provision of personal wireless services.

3. After receipt of a complete application, the city attorney and wireless provider shall negotiate the terms of the master permit until they have agreed on terms that can be recommended to the city council for final approval. If the city attorney and wireless provider have not been able to reach agreement on the recommended terms of a master permit within 60 days of the date the complete application was submitted, the wireless provider may submit the provider’s proposed master permit form to the council president directly and request that the provider’s proposed master permit be added to a forthcoming city council agenda for consideration. The city council shall conduct a public hearing on the proposed master permit, including any renewal.

4. The final decision on any proposed master permit shall be subject to legislative discretion of the city council and the ordinance authorizing the master permit must be approved by a majority of the full council. Any denial of a proposed master permit must be supported by substantial evidence contained in a written record.

5. Any prior adoption by the city council of a master permit template, as contemplated in subsection (C)(2)(b) of this section, is merely intended to facilitate future master permit negotiations and should in no way be seen as limiting the city council’s legislative discretion to approve or reject a similar master permit that has come before the city council for action.

6. Master permit terms shall not exceed five years. Master permits shall require the city to be indemnified by the provider and that indemnification shall be support by insurance that names the city as an additional insured.

D. Right-of-Way Construction Permit. A right-of-way construction permit is required prior to performing any work within the city right-of-way pursuant to ECDC Title 18. [Ord. 4147 § 2 (Att. A), 2019; Ord. 3961 § 1, 2014; Ord. 3845 § 2 (Att. A), 2011].

20.50.030 Exemptions.

The following are exemptions from the provisions of this chapter:

A. Radar systems for military and civilian communication and navigation.

B. Handheld, mobile, marine and portable radio transmitters and/or receivers.

C. Satellite antennas, including direct to home satellite services, and those regulated in ECDC 16.20.050(D).

D. Licensed amateur (ham) radio stations and citizen band stations as regulated in ECDC 16.20.050(E).

E. Earth station antenna(s) one meter or less in diameter and located in any zone.

F. Earth station antenna(s) two meters or less in diameter and located in the business and commercial zones.

G. Routine maintenance or repair of wireless communication facilities.

H. Emergency communications equipment or a COW or other temporary WCF during a declared public emergency.

I. A temporary wireless communication facility or COW for providing coverage during a special event such as a festival, subject to approval by the city. Such a facility is exempt from the provisions of this chapter for up to three days before the special event begins and three days after the special event ends.

J. A temporary wireless communication facility or COW for providing service during repair or replacement of an existing facility for a period of up to 14 days.

K. Subject to compliance with all other applicable standards of this chapter, a building permit and/or right-of-way permit application need not be filed for emergency repair or maintenance of a facility until five business days after the completion of such emergency activity. [Ord. 4147 § 2 (Att. A), 2019; Ord. 3961 § 1, 2014; Ord. 3845 § 2 (Att. A), 2011].

20.50.040 Prohibitions.

A. The following wireless communication facilities are prohibited in Edmonds:

1. Guyed towers.

2. Lattice towers.

B. Monopoles are prohibited in the following locations:

1. All residential zones (single-family (SF) and multifamily (MF));

2. Downtown waterfront activity center;

3. Public (P) and open space (OS) zoned parcels; and

4. Within the city rights-of-way. [Ord. 4147 § 2 (Att. A), 2019; Ord. 3961 § 1, 2014; Ord. 3845 § 2 (Att. A), 2011].

20.50.050 General macro facility siting criteria and design considerations.

A. The city of Edmonds encourages wireless communication providers to use existing sites or more frequent, less noticeable sites instead of attempting to provide coverage through use of taller towers. To that end, applicants shall consider the following priority of preferred locations for wireless communication facilities:

1. Collocation, without an increase in the height of the building, pole or structure upon which the facility would be located;

2. Collocation, where additional height is necessary above existing building, pole, or structure;

3. A replacement pole or structure for an existing one;

4. A new pole or structure altogether.

B. New monopole facilities must include mounts capable of accommodating at least one other wireless provider.

C. Noise. Any facility that requires a generator or other device which will create noise audible beyond the boundaries of the site must demonstrate compliance with Chapter 5.30 ECC, Noise Abatement and Control. A noise report, prepared by an acoustical engineer, shall be submitted with any application to construct and operate a wireless communication facility that will have a generator or similar device. The city may require that the report be reviewed by a third-party expert at the expense of the applicant.

D. Business License Requirement. Any person, corporation or entity that operates a wireless communication facility within the city shall have a valid business license issued annually by the city. Any person, corporation or other business entity which owns a monopole also is required to obtain a business license on an annual basis.

E. Signage. Only safety signs or those mandated by a government entity with jurisdiction may be located on wireless communication facilities. No other types of signs are permitted on wireless communication facilities.

F. Any application must demonstrate that there is sufficient space for temporary parking for regular maintenance of the proposed facility.

G. Finish. A monopole may be constructed of laminated wood, fiberglass, steel, or similar material. The pole shall be a neutral color so as to reduce its visual obtrusiveness, subject to any applicable standards of the FAA or FCC.

H. Design. The design of all buildings and ancillary structures shall use materials, colors, textures, screening and landscaping that will blend the facilities with the natural setting and built environment.

I. Color. All antennas and ancillary facilities located on buildings or structures other than monopoles shall be of a neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and ancillary facilities as visually unobtrusive as possible.

J. Lighting. Monopoles shall not be artificially lighted unless required by the FAA, FCC or other government entity with jurisdiction. If lighting is required and alternative lighting options are permitted, the city shall review the lighting alternatives and approve the design that would cause the least disturbance to the surrounding area. No strobe lighting of any type is permitted on any monopole. If FAA guidelines would require a strobe, the location shall be denied unless no other site or combination of sites would provide adequate coverage in accord with FCC requirements.

K. Advertising. No advertising is permitted at wireless communication facility sites or on any ancillary structure or facilities equipment enclosure.

L. Equipment Enclosure. Each applicant shall use the smallest equipment enclosure practical to contain the required equipment and a reserve for required collocation.

M. Radio Frequency Emissions Compliance. The applicant shall demonstrate that the project will not result in levels of radio frequency emissions that exceed FCC standards, including FCC Office of Engineering Technology (OET) Bulletin 65, Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields, as amended. Additionally, if the director determines the wireless communication facility, as constructed, may emit radio frequency emissions that are likely to exceed Federal Communications Commission uncontrolled/general population standards in FCC Office of Engineering Technology (OET) Bulletin 65, Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields, as amended, in areas accessible by the general population, the director may require post-installation testing to determine whether to require further mitigation of radio frequency emissions. The cost of any such testing and mitigation shall be borne by the applicant.

N. Landscaping and Screening.

1. The visual impacts of wireless communication facilities should be mitigated and softened through landscaping or other screening materials at the base of a monopole, facility equipment compound, equipment enclosures and ancillary structures. If the antenna is mounted flush on an existing building, or camouflaged as part of the building and other equipment is housed inside an existing structure, no landscaping is required. The director or his designee may reduce or waive the standards for those sides of the wireless communication facility that are not in public view, when a combination of existing vegetation, topography, walls, decorative fences or other features achieves the same degree of screening as the required landscaping; in locations where the visual impact of the facility would be minimal; and in those locations where large wooded lots not capable of subdivision and natural growth around the property perimeter provide a sufficient buffer.

2. Landscaping shall be installed on the outside of fences in accordance with Chapter 20.13 ECDC. Existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or as a supplement to landscaping or screening requirements. The following requirements apply:

a. Type I landscaping shall be placed around the perimeter of the equipment cabinet enclosure, except that a maximum 10-foot portion of the fence may remain without landscaping in order to provide access to the enclosure.

b. Landscaping area shall be a minimum of five feet in width around the perimeter of the enclosure.

c. Vegetation selected should be native and drought tolerant.

d. Landscaping shall be located so as not to create sight distance hazards or conflicts with other surrounding utilities.

3. When landscaping is used, the applicant shall submit a landscaping bond pursuant to ECDC 20.13.040.

4. The use of chain link, plastic, vinyl or wire fencing is prohibited. Ornamental metal or wood fencing materials are preferred. [Ord. 4147 § 2 (Att. A), 2019; Ord. 3961 § 1, 2014; Ord. 3845 § 2 (Att. A), 2011].

20.50.060 Permits and shot clocks.

A. No person may place, construct, reconstruct, modify or operate a wireless communication facility subject to this chapter without first having in place a master permit agreement pursuant to ECDC 20.50.020(C) and the permit(s) issued in accordance with this chapter. Except as otherwise provided herein, the requirements of this chapter are in addition to the applicable requirements of this title and ECDC Title 18. Any wires, cables, conduit or equipment associated with a wireless communication facility shall be subject to the requirements of Chapter 18.05 ECDC, unless wireless facilities are expressly exempted from a provision of Chapter 18.05 ECDC or the context necessitates that a provision of Chapter 18.05 ECDC not apply to wireless facilities.

B. Applications will be reviewed based on the type of wireless communication facilities requested to be permitted. Each wireless communication facility requires the appropriate type of project permit review, as shown in Table A. In the event of uncertainty on the type of a wireless facility, the director shall have the authority to determine what permits are required for the proposed facility.

Table A 

Request

Location

Building Permit Required

Right-of-Way (ROW) Permit Required

FCC Shot Clocks for Permit Review

Eligible facilities request

Existing tower or base station

Yes, if on private property

Yes, if in ROW

60 days

New macro facility

Collocation

Yes, if any elements on private property

Yes, if any elements in the ROW

90 days

New macro facility

New structure or monopole

Yes, if any elements on private property

Yes, if any elements in the ROW

150 days

New small wireless facility

Collocation

Yes, if on private property

Yes, if any elements in the ROW

60 days

New small wireless facility

New structure or freestanding small wireless facility

Yes, if any elements on private property

Yes, if any elements in the ROW

90 days

Temporary facility

Varies

Yes, if any elements on private property

Yes, if any elements in the ROW

Standard permit quotes

C. Timelines.

1. Macro Facilities. The application review period begins when all required application materials have been received and fees paid. If the city determines that the application is incomplete and provides notice to the applicant within 30 calendar days of the date of application, the clock stops. The clock restarts when the city receives the applicant’s supplemental submission in response to the city’s notice of incompleteness. For subsequent determinations of incompleteness, the clock tolls (pauses) if the city provides written notice within 10 days that a supplemental submission did not provide the requested information.

2. Small Wireless Facilities. The application review period begins when all required application materials have been received and fees paid. If the city determines that the application is incomplete and provides notice to the applicant within 10 calendar days of the date of application, the clock stops. The clock resets to zero when the city receives the applicant’s supplemental submission in response to the city’s notice of incompleteness. For subsequent determinations of incompleteness, the clock tolls (pauses) if the city provides written notice within 10 days that a supplemental submission did not provide the requested information.

D. Batched Small Wireless Facility Applications. If an applicant is applying for a small wireless network in a contiguous service area, multiple small wireless facilities may be batched into one application; provided, that the application fee shall still be calculated as if the applications were submitted separately. The director or his/her designee may approve, deny or conditionally approve all or any portion of the small wireless facilities proposed in the application. The denial of one or more small wireless facility locations within one submission shall not be the sole basis for a denial of other locations or the entire batched application for small wireless facilities. Should an applicant file a single application for a batch that includes both collocated and new structures for small wireless facilities, the longer 90-day shot clock shall apply to ensure the city has adequate time to review the new construction sites.

E. Any application submitted pursuant to this chapter for projects located on public or private property shall be reviewed and evaluated by the director, or his designee. The director of public works or his/her designee shall review all proposed wireless communication facilities that are located partially or fully within the city rights-of-way. Regardless of whether the director or the director of public works or their respective designees are reviewing the application, all applications will be reviewed and evaluated pursuant to the provisions of this chapter.

F. All applications for wireless communication facilities shall be reviewed for compliance with the applicable design standards by the director or his/her designee.

G. The applicant is responsible for obtaining all other permits from any other appropriate governing body with jurisdiction (i.e., Washington State Department of Labor and Industries, Federal Aviation Administration, etc.).

H. No provision of this chapter shall be interpreted to allow the installation of a wireless communication facility which minimizes parking, landscaping or other site development standards established by the Edmonds Community Development Code.

I. Wireless communication facilities that are governed under this chapter shall not be eligible for variances under Chapter 20.85 ECDC. Any request to deviate from this chapter shall be based solely on the exceptions set forth in this chapter.

J. Third-Party Review. Applicants may use various methodologies and analyses, including geographically based computer software, to determine the specific technical parameters of the services to be provided utilizing the proposed wireless communication facilities, such as expected coverage area, antenna configuration, capacity, and topographic constraints that affect signal paths. In certain instances, a third-party expert may be needed to review the engineering and technical data submitted by an applicant for a permit. The city may at its discretion require third-party engineering and technical review as part of a permitting process. The costs of the technical third-party review shall be borne by the applicant.

1. The selection of the third-party expert is at the discretion of the city. The third-party expert review is intended to address interference and public safety issues and be a site-specific review of engineering and technical aspects of the proposed wireless communication facilities and/or a review of the applicants’ methodology and equipment used, and is not intended to be a subjective review of the site which was selected by an applicant. Based on the results of the expert review, the city may require changes to the proposal. The third-party review shall address the following:

a. The accuracy and completeness of submissions;

b. The applicability of analysis techniques and methodologies;

c. The validity of conclusions reached;

d. The viability of other site or sites in the city for the use intended by the applicant; and

e. Any specific engineering or technical issues designated by the city.

K. Any decision by the director or the director of public works shall be given substantial deference in any appeal of a decision by the city to either approve, approve with conditions, or deny any application for a wireless communication facility.

L. Notwithstanding other remedies that may be available under federal law, failure of the city to issue permits within or otherwise comply with the FCC shot clock requirements does not provide a “deemed” grant of approval for macro or small wireless facilities. No work may occur until the permit issues. [Ord. 4147 § 2 (Att. A), 2019; Ord. 3961 § 1, 2014; Ord. 3845 § 2 (Att. A), 2011].

20.50.070 Application requirements.

The following information must be submitted as part of a complete application for a wireless communication facility permit in the city of Edmonds:

A. Project description including a design narrative, technology description, and, for macro cell facilities, a collocation analysis indicating the alternative locations considered;

B. Aerial photo or map showing entire proposed deployment (small wireless only);

C. Site information on scaled plans, including:

1. Site plan;

2. Elevation drawings;

3. Utility plan showing existing utilities, proposed facility location, and undergrounding;

4. Screening, camouflaging or landscaping plan and cost estimate (produced in accordance with Chapter 20.13 ECDC), as appropriate;

D. Photos and photo simulations showing the existing appearance of each site and appearance of the proposed installation from nearby public viewpoints;

E. Noise report (per ECDC 20.50.050(C)), if applicable;

F. Radio Frequency (RF) Emissions Standards. The applicant shall provide the certification of an RF engineer with knowledge of the proposed development that the small wireless facility network will comply with RF standards adopted by the Federal Communications Commission (FCC). The city recognizes that the Federal Telecommunications Act of 1996 gives the FCC sole jurisdiction in the field of regulation of RF emissions and wireless facilities that meet FCC standards shall not be conditioned or denied on the basis of RF impacts.

G. For small wireless facility deployments, the following additional documentation shall be provided as initial justification for the proposed location pursuant to the location preference criteria set forth in ECDC 20.50.130(B), as applicable:

1. For installations proposed for location preference No. 2 (freestanding small wireless facility or new streetlight), provide all of the following to the extent applicable within 150 lineal feet in either direction of each proposed small wireless facility location as measured along the right-of-way line for the applicable street:

a. Where no poles exist in the area: evidence that no utility poles, traffic signal poles, or streetlight poles exist;

b. Where poles exist that cannot fully conceal a small wireless facility: written documentation from all pole owners, denying the applicant’s request to replace any of the existing poles that are not capable of hosting a fully concealed small wireless facility with a new pole that is capable of hosting a fully concealed small wireless facility on the grounds that no such replacement pole is available on the market or due to other reasonably insoluble problems expressed in writing by the pole owner;

c. Where poles exist that can fully conceal a small wireless facility: written documentation from all owners of poles within 150 lineal feet in either direction of each proposed small wireless facility location, as measured along the right-of-way line for the applicable street, denying the applicant’s request to install the small wireless facility within any such existing poles.

2. For installations proposed for location preference No. 3 (on top of existing power pole) provide all of the following to the extent applicable within 150 lineal feet in either direction of each proposed small wireless facility location as measured along the right-of-way line for the applicable street:

a. Documentation as required in subsection (G)(1) of this section; and

b. Evidence that the design standards for a freestanding small wireless facility in the right-of-way could not be met; and

c. Confirmation by the director of public works that a new streetlight pole capable of hosting a fully concealed small wireless facility was not determined to be needed.

3. For installations proposed for location preference No. 4 (in communication space on existing power pole) provide all of the following to the extent applicable within 150 lineal feet in either direction of each proposed small wireless facility location as measured along the right-of-way line for the applicable street:

a. Documentation as required in subsections (G)(1) and (2) of this section; and

b. Evidence that no power poles exist that would allow for installation on top of the pole; or

c. Written documentation from all owners of the power poles denying the request to install the small wireless facility on any such power poles that would allow for installation on top of the pole.

4. For installations proposed for location preference No. 5 (strand-mounted) provide all of the following to the extent applicable within 150 lineal feet in either direction of each proposed small wireless facility location as measured along the right-of-way line for the applicable street:

a. Documentation as required in subsections (G)(1), (2), and (3) of this section; and

b. Evidence that no power poles exist that would allow for installation within the communication space; or

c. Written documentation from all owners of the power poles denying the request to install the small wireless facility on any such existing power poles that would allow for installation within the communication space.

5. For each small wireless facility to be placed on or at the location of an existing pole, whether that pole is to be replaced or whether it is to remain, written documentation of the pole owner’s consent to the applicant’s proposed placement at that location.

6. Demonstration of compliance with the National Electrical Safety Code.

H. A copy of the provider’s approved master permit.

I. Any other documentation deemed necessary by the director in order to issue a decision. [Ord. 4147 § 2 (Att. A), 2019; Ord. 3961 § 1, 2014; Ord. 3845 § 2 (Att. A), 2011].

20.50.080 Eligible facilities requests.

This section implements Section 6409 of the Spectrum Act (codified at 47 U.S.C. 1455), which requires the city of Edmonds to approve any eligible facilities request 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 only apply to eligible facilities requests as described in this section and do not apply throughout this chapter:

1. “Base station” is 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:

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

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

c. Any structure other than a tower that, at the time the relevant application is filed (with jurisdiction) under this section, supports or houses equipment described in subsections (A)(1)(a) and (b) of this section 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.

The term does not include any structure that, at the time the relevant application is filed with the city under this section, does not support or house equipment described in subsections (A)(1)(a) and (b) of this section.

2. “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.

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

a. Collocation of new transmission equipment;

b. Removal of transmission equipment; or

c. Replacement of transmission equipment.

4. “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.

5. Existing. 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.

6. “Site” means, for towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.

7. Substantial Change. A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

a. For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10 percent or by the height of one additional antenna array with separation from the nearest existing antenna, not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10 percent or more than 10 feet, whichever is greater.

i. Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings’ rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act;

b. 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 10 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;

c. 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 streets 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 10 percent larger in height or overall volume than any other ground cabinets associated with the structure;

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

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

f. 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.

B. Qualification as an Eligible Facilities Request. Upon receipt of an application for an eligible facilities request, the director will review the application to determine whether it qualifies as an eligible facilities request.

C. Time Frame for Review. Within 60 days of the date on which a network provider submits an eligible facilities request application, the director must approve the application unless it determines that the application is not covered by this section.

D. Tolling of the Time Frame for Review. The 60-day review period begins to run when the application is submitted, 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 must provide written notice to the applicant within 30 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 10 days that the supplemental submission did not provide the information identified in the original notice 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.

E. 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 must deny the application.

F. 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 is 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.

G. To the extent feasible, additional antennas and equipment shall maintain the appearance intended by the original facility, including, but not limited to, color, screening, landscaping, camouflage, concealment techniques, mounting configuration, or architectural treatment. [Ord. 4147 § 2 (Att. A), 2019].

20.50.090 New building-mounted macro wireless communication facility standards.

A. General. Wireless communication facilities located on the roof or on the side of the building shall be grouped together, integrated to the maximum possible degree with the building design, placed toward the center of the roof and/or thoroughly screened from residential building views and from public views using radio frequency-transparent panels. Building-mounted wireless communication facilities shall be painted with nonreflective colors to match the existing surface where the antennas are mounted.

B. Height. The following requirements shall apply:

1. Downtown Waterfront/Activity Center (as Identified in the Edmonds Comprehensive Plan). For buildings at, or which exceed, the height limit of the underlying zone, antennas shall be flush-mounted and no portion of the antenna may extend above the building on which it is mounted. For buildings below the height limit, antennas may be built to the maximum height of the zone provided they are screened consistent with the existing building in terms of color, architectural style and material. Flush-mounted antennas may encroach into a required setback or into the city right-of-way if a right-of-way use agreement is established with the city. Antennas shall not project into the right-of-way by more than two feet and shall provide a minimum clearance height of 20 feet over any pedestrian or vehicular right-of-way.

2. Outside the Downtown/Waterfront Activity Center. The maximum height of building-mounted facilities and equipment shall not exceed nine feet above the top of the roof on which the facility is located. This standard applies to all buildings regardless of whether they are at or above the maximum height of the underlying zone. Such antennas must be well integrated with the existing structure or designed to look like common rooftop structures such as chimneys, vents and stovepipes.

C. Equipment Enclosure. Equipment enclosures for building-mounted wireless communication facilities shall first be located within the building on which the facility is located. If an equipment enclosure within the building is reasonably unavailable, then an equipment enclosure may be incorporated into the roof design provided the enclosure meets the height requirement for the zone. If the equipment can be screened by placing the equipment below existing parapet walls, no additional screening is required. If screening is required, then the screening must be consistent with the existing building in terms of color, architectural style and material. Finally, if there is no other choice but to locate the equipment enclosure on the ground, the equipment must be enclosed within an accessory structure which meets the setbacks of the underlying zone and be screened in accordance with ECDC 20.50.050(N).

D. Feed Lines and Coaxial Cables. Feed lines and cables should be located below the parapet of the rooftop, if present. If the feed lines and cables are visible from a public right-of-way or adjacent property, they must be painted to match the color scheme of the building.

Acceptable Building-Mounted WCF

Unacceptable Building-Mounted WCF

[Ord. 4147 § 2 (Att. A), 2019; Ord. 3961 § 1, 2014; Ord. 3845 § 2 (Att. A), 2011].

20.50.100 New structure-mounted macro wireless communication facilities standards.

A. Generally. Wireless communication facilities located on structures other than buildings, such as utility poles, light poles, flag poles, transformers, and/or tanks, shall be designed to blend with these structures and be mounted on them in an inconspicuous manner.

1. Wireless communication facilities located on structures within unzoned city rights-of-way adjacent to single-family residential (RS) zones shall satisfy the following requirement:

a. No metal pole or tower shall be used within the right-of-way adjacent to a single-family zoned neighborhood unless required in order to comply with the provisions of the State Electrical Code. Wooden poles of height and type generally in use in the surrounding residential neighborhood shall be used unless prohibited by the State Electrical Code.

2. Wireless communication facilities located on structures shall be painted with nonreflective colors in a scheme that blends with the underlying structure.

B. Height.

1. The maximum height of structure-mounted wireless communication facilities shall not exceed the maximum height specified for each structure or zoning district (rights-of-way are unzoned); provided the wireless communication facility may extend up to six feet above the top of the structure on which the wireless communication facility is installed. Antennas and related equipment shall be mounted as close as practicable to the structure.

2. Only one extension is permitted per structure.

3. If installed on an electrical transmission or distribution pole, a maximum 15-foot vertical separation is required from the height of the existing power lines at the site (prior to any pole replacement) to the bottom of the antenna. This vertical separation is intended to allow wireless carriers to comply with the electrical utility’s requirements for separation between their transmission lines and the carrier’s antennas.

C. Equipment Enclosure. Equipment enclosures shall first be located underground. If the enclosure is within the right-of-way, the enclosure shall be underground. If there is no other feasible option but to locate the equipment enclosure above ground on private property, the equipment must be enclosed within an accessory structure which meets the setbacks of the underlying zone and be screened in accordance with ECDC 20.50.050(N).

D. Feed Lines and Coaxial Cable. Feed lines and cables must be painted to closely match the color scheme of the structure which supports the antennas.

E. Only wireless communication providers with a valid master permit shall be eligible to apply for a right-of-way construction permit, which shall be required prior to installation of facilities within the city right-of-way and be in addition to other permits specified in this chapter.

Acceptable Structure-Mounted WCF

Unacceptable Structure-Mounted WCF

[Ord. 4147 § 2 (Att. A), 2019; Ord. 3961 § 1, 2014; Ord. 3845 § 2 (Att. A), 2011].

20.50.110 New monopole standards.

A. No part of a monopole, antennas or antenna equipment may exceed the maximum height allowed in the zone where the facility is located.

B. Monopoles must be completely shrouded. All antennas, equipment and cables must be concealed.

C. All monopole facilities must conform to the following site development standards:

1. To the greatest extent possible, monopole facilities shall be located where existing trees, existing structures and other existing site features camouflage these facilities.

2. Existing mature vegetation should be retained to the greatest possible degree in order to help conceal the facility.

3. Equipment Enclosure. The first preference is for the equipment enclosure to be located underground. If the enclosure is within the right-of-way, the enclosure must be underground. If there is no other choice but to locate the equipment enclosure on the ground, the equipment must be enclosed within an accessory structure which meets the setbacks of the underlying zone and be screened in accordance with ECDC 20.50.050(N).

Acceptable Monopole WCF

Unacceptable Monopole WCF

[Ord. 4147 § 2 (Att. A), 2019; Ord. 3961 § 1, 2014; Ord. 3845 § 2 (Att. A), 2011].

20.50.120 Temporary facilities.

A. The installation of a “cell-on-wheels” or COWs and the installation site shall comply with all applicable laws, statutes, requirements, rules, regulations, and codes, including, but not limited to, the Uniform Fire Prevention and Building Code and National Electrical Code.

B. All COWs and related appurtenances shall be completely removed from the installation site within 30 days of the date of the end of the emergency as determined by the mayor. [Ord. 4147 § 2 (Att. A), 2019; Ord. 3961 § 1, 2014; Ord. 3845 § 2 (Att. A), 2011].

20.50.130 Small wireless standards and approval process.

Unlike macro facilities which are intended to provide wireless coverage over large areas, the goal of a small wireless facility deployment is to provide additional capacity in localized areas, including residential neighborhoods, using smaller antennas and equipment. The intent of this section is to describe the city’s location preferences for small wireless facility deployments and provide appropriate design standards to ensure that the negative visual impacts of small wireless facilities are minimized.

A. Permitted Locations. Installation of small wireless facilities on existing buildings could help minimize the negative visual impact of additional wires, antennas and equipment that may otherwise be placed on utility poles. However, it is understood that a multi-node deployment may not be able to be located entirely on buildings as it may not be technically feasible to do so and, in addition, some property owners within the desired small wireless facility deployment area may not want to participate. A mix of zoned property and right-of-way locations may be used.

1. Small wireless facility attachments to buildings are permitted in any zone and are not subject to the dispersion requirement below.

2. Fully concealed freestanding small wireless facilities are permitted in any zone (except downtown business) but are still subject to the dispersion requirement below.

3. Dispersion Requirement. No two small wireless facilities shall be located within 300 feet radially; provided, that this dispersion requirement shall not apply to small wireless facilities that are located pursuant to location preference No. 1, below; and further provided, that this dispersion requirement shall not apply to collocation in a fully concealed pole.

4. Downtown business district (BD) zones shall be limited to building attachments or hollow utility poles. Where a Sternberg streetlight exists, replacement or new installation of a decorative streetlight shall match the style and character of the existing Sternberg streetlights, as determined by the public works director, and shall be designed to contain a small wireless facility in a fully concealed manner. Small wireless facilities shall not be attached to Sternberg streetlights that were not designed to host fully concealed small wireless facilities.

5. In areas where utility systems are underground, small cell facility deployment will be limited to existing buildings, new or replaced streetlights and/or installation of freestanding small cell facilities.

6. Small wireless facilities may not be located on sites identified on official local, state or federal historic registries.

7. Small wireless facilities may not be located on wood poles that contain a streetlight.

B. Location Preference Hierarchy. When locating small wireless facilities in the right-of-way, wireless providers shall site their small wireless facilities pursuant to the following siting preferences. These siting preferences are expressed in descending order, starting with the most preferred. Wireless providers may not descend to a lower preference in the list below until they have determined that the higher preferences are not feasible in accordance with ECDC 20.50.070(G). Failure to show lack of feasibility of a higher preference shall be grounds for denial of an application.

1. Location preference No. 1 – hollow utility pole.

2. Location preference No. 2 – freestanding small wireless facility or new streetlight.

3. Location preference No. 3 – existing power pole (installation on top of pole).

4. Location preference No. 4 – existing power pole (installation in communication space).

5. Location preference No. 5 – strand-mounted.

C. General Design Standards. Unless the context clearly requires otherwise, the following general design standards apply to all small wireless facilities:

1. Collocation. All new poles must be capable of accepting at least two wireless facilities in a fully concealed manner, unless accommodation of a second facility is not technically feasible.

2. Ground-mounted equipment in the rights-of-way is prohibited, unless the applicant can demonstrate that pole-mounted or undergrounded equipment is technically infeasible. If ground-mounted equipment is necessary, the equipment must be fully concealed. Generators located in the rights-of-way are prohibited.

3. No equipment shall be operated so as to produce noise in violation of Chapter 5.30 ECC.

4. Replacement poles, new poles, and all equipment shall comply with the Americans 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. Except for the health warning signage referenced below, 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 techniques where appropriate. All small wireless facilities shall have affixed to them a health warning sign. The health warning sign shall be sized and oriented in such a manner as to be legible from the sidewalk. The health warning sign shall not exceed one square foot in area. The health warning sign shall read as follows: “WARNING: This device transmits radiation. The long term consequences of exposure to such radiation upon human health are unknown.” The warning language shall be accompanied by the following symbol:

7. Antennas and related equipment may not be illuminated except for security reasons, required by a federal or state authority, or unless approved as part of a concealment element such as a streetlight.

8. The director is authorized to approve applications that deviate from the general design standards, above, and the specific design standards, below, to the extent necessary to approve an application that is consistent with the applicant’s alternative WCF design, but only where that applicant has already had the proposed alternative WCF design approved by the city council pursuant to the optional process set forth in ECDC 20.50.020(C)(2)(e). City council approval of an alternative WCF design does not necessarily make other design standards inapplicable to that provider. Applicants shall comply with the other design standards herein as much as their alternative WCF design allows.

D. Specific Design Standards for Facilities in the Right-of-Way.

1. Location Preference No. 1 – Hollow Utility Pole. This option applies to any existing pole in the right-of-way (power pole, streetlight pole, traffic light pole) that could feasibly be replaced with a hollow pole designed to host small wireless facilities in a fully concealed manner. In many but not all instances, this location preference will involve the replacement of a wood pole with a hollow pole that serves the same needs as its predecessor while also hosting small wireless facilities in a fully concealed manner.

a. Combination small wireless facility and power pole must meet the pole owner’s requirements for power distribution. New combination small wireless facility and power poles must be designed to host small wireless facilities from at least two carriers in a fully enclosed manner. 5G antennas only may be exposed until such time that the technology develops to make concealment of 5G antennas feasible.

b. Combination small wireless facility and streetlight pole should be located where an existing streetlight pole can be utilized or removed and replaced with a pole that allows for small wireless facility installation in the same location.

c. Pole design shall match or be compatible with the aesthetics of existing streetlights installed adjacent to the pole.

d. Where a Sternberg streetlight exists in the downtown business district (BD) zones, replacement or new installation of a decorative streetlight shall match the style and character of the existing Sternberg streetlights, as determined by the public works director, and shall be designed to contain a small wireless facility in a fully concealed manner.

e. The pole shall have a streamlined appearance similar to the pole in the embedded diagram, below. For a combination pole to be considered visually pleasing, the transition between the equipment cabinet and upper pole should be considered. A decorative transition shall be installed over the equipment cabinet upper bolts, or decorative base cover shall be installed to match the equipment cabinet size.

f. The diameter of the upper pole shall be smaller than the equipment cabinet. All hardware connections shall be hidden from view. No horizontal flat spaces greater than one and one-half inches shall exist on the equipment cabinet to prevent cups, trash, and other objects from being placed on the equipment cabinet.

g. Internal separation of electrical wiring and fiber to be provided, as required by the pole owner.

h. Weatherproof grommets shall be integrated in the pole design to allow cable to exit the pole, for external shrouds, without water seeping into the pole.

i. The antenna shall be fully concealed within the pole, if technically feasible. If it is not technically feasible to fully conceal the antenna within the pole, a shrouded antenna may be flush-mounted to either the side or top of the pole. The basis for any claim of technical infeasibility here must be supported by a signed statement from a licensed RF engineer that provides enough detail to allow for meaningful third-party review under ECDC 20.50.060(J). Antennas and equipment located within a unified enclosure may also be flush-mounted, as described above, if it is not technically feasible to fully conceal the unified enclosure within the pole, and if the unified enclosure does not exceed four cubic feet in volume. The following is an example of a compliant unified enclosure:

j. A cantenna or canister antenna on top of an existing pole may not extend more than six feet above the height of the existing pole and the diameter may not exceed the diameter of the top of the pole by more than two inches. The antennas shall be integrated into the pole design so that it appears as a continuation of the original pole, including colored or painted to match the pole. All cabling and mounting hardware/brackets from the bottom of the antenna to the top of the pole shall be concealed and integrated with the pole.

k. Utility poles shall be located as follows:

i. In a manner that does not impede, obstruct, or hinder pedestrian or vehicular travel.

ii. In alignment with existing trees, utility poles, and streetlights.

iii. Equal distance between trees when possible, with a minimum of 15-foot separation such that no proposed disturbance shall occur within the critical root zone of any tree.

iv. With appropriate clearance from existing utilities.

v. In compliance with clear zone requirements.

vi. Ten feet away from the intersection of an alley with a street.

l. All conduit, cables, wires and fiber must be routed internally in the utility pole.

2. Location Preference No. 2 – Freestanding Small Wireless Facility or New Streetlight.

a. Freestanding Small Wireless Facility. The specifications provided in this section are for installations within the right-of-way only. The accompanying diagram shows a typical pole and its elements.

i. Dimensional Requirements.

A. A freestanding small wireless facility may not exceed 25 feet in height measured from the top of the foundation to the top of the cantenna.

B. The equipment cabinet must be no greater than 20 inches in diameter.

C. The diameter of the upper pole shall be smaller than the equipment cabinet. The pole shall be tapered to transition from the equipment cabinet to the upper pole, as shown in the graphic below. The pole diameter must be scaled so that no flat, horizontal surface larger than one and one-half inches exists between the equipment cabinet and upper pole.

D. The cantenna may not exceed six feet in height.

ii. Appearance Requirements.

A. The same pole aesthetic must be used along adjacent blocks to maintain a cohesive appearance. If freestanding small wireless facilities already exist within the deployment area, then the new facility shall be designed to match the existing facilities as much as practicable.

B. All small wireless facility carrier equipment must be housed internal to the equipment cabinet or hidden within the cantenna. The cantenna, upper pole and equipment cabinet must be of the same brown or green colors, unless otherwise approved by the director.

C. All hardware connections shall be hidden from view.

D. No equipment may be attached to the outside of the pole.

E. The freestanding small wireless facility must be served by underground power and fiber, if fiber is to be connected.

iii. Location Requirements.

A. Located such that they in no way impede, obstruct, or hinder the usual pedestrian or vehicular travel, affect public safety, obstruct the legal access to or use of the public ROW, violate applicable law, violate or fail to substantially comply with public ROW design standards, specifications, or design district requirements, violate the Federal Americans with Disabilities Act of 1990, or in any way create a risk to public health, safety, or welfare.

B. Outside the downtown business district (BD) zones.

C. So as not to be located along the frontage of a historic building, deemed historic on a federal, state, or local level.

D. So as not to significantly create a new obstruction to property sight lines.

E. In alignment with existing trees, utility poles, and streetlights.

F. Equal distance between trees when possible, with a minimum of 15-foot separation such that no proposed disturbance shall occur within the critical root zone of any tree.

G. With appropriate clearance from existing utilities.

H. In compliance with clear zone requirements.

I. Ten feet away from the intersection of an alley with a street.

J. On the same side of the street as existing power lines, regardless of whether power is underground or overhead.

b. New Streetlight. The hollow utility pole requirements are also applicable to the new streetlight alternative, except that a streetlight would be incorporated into the design of the facility. In addition, the following applies:

i. A new streetlight shall not be installed unless it has been identified by the director of public works that a streetlight is necessary at the location in which the small wireless facility is proposed. A streetlight may be required to be installed instead of a freestanding wireless facility.

c. Location Preference No. 3 – Existing Power Pole (Installation on Top of Pole).

i. A cantenna may not extend more than six feet above the height of the existing pole and the diameter may not exceed the diameter of the pole by more than two inches, measured at the top of the pole, unless the applicant can demonstrate technological infeasibility. The antennas shall be integrated into the pole design so that it appears as a continuation of the original pole, including colored or painted to match the pole. All cabling and mounting hardware/brackets from the bottom of the antenna to the top of the pole shall be concealed.

ii. Equipment enclosures and all ancillary equipment and boxes shall be colored or painted to match the color of the surface of the wooden pole in which they are attached. All related equipment 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.

iii. 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 color of the surface of the wooden pole. The number of conduit shall be minimized to the number technically necessary to accommodate a small wireless facility and shall not increase the number of conduit on an existing pole to more than three conduit.

iv. 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.

v. A wooden pole in a proposed location may be replaced with a taller pole for the purpose of accommodating a small wireless facility; provided, that the height of any replacement pole may not exceed 50 feet to the top of the cantenna.

vi. 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. Location Preference No. 4 – Existing Power Pole (Installation in Communication Space).

i. Antennas should be placed in an effort to minimize visual clutter and obtrusiveness. Only one antenna array is permitted on each wooden pole. The inside edge of a side mounted canister antenna/equipment shroud shall project no more than 12 inches from the surface of the wooden pole.

ii. To the extent technically feasible, antennas and equipment located within a unified enclosure shall not exceed four cubic feet. 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.

iii. Equipment enclosures and all ancillary equipment and boxes shall be colored or painted to match the color of the surface of the wooden pole in which they are attached. All related equipment 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.

iv. 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 color of the surface of the wooden pole. The number of conduit shall be minimized to the number technically necessary to accommodate a small wireless facility and shall not increase the number of conduit on an existing pole to more than three conduit.

v. 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.

vi. A wooden pole in a proposed location may be replaced with a taller pole for the purpose of accommodating a small wireless facility; provided, that the height of any replacement pole may not extend more than 10 feet above the height of the existing pole, 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.

vii. 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.

e. Location Preference No. 5 – Strand-Mounted. Small wireless facility facilities mounted on cables strung between existing utility poles shall conform to the following standards:

This graphic is intended to represent a strand-mounted antenna.

i. To the extent technically feasible, antennas shall not exceed one cubic feet in volume.

ii. Only one strand-mounted facility is permitted between any two existing poles.

iii. The strand-mounted devices shall be placed as close as possible to the nearest utility pole and in no event more than five feet from the pole unless a greater distance is technically necessary or required for safety clearance and confirmed in writing by the pole owner.

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

v. Ground-mounted equipment to accommodate such strand-mounted facilities is not permitted, except when placed in preexisting equipment cabinets, underground or on zoned property.

vi. Pole-mounted equipment shall meet the requirements of subsections (D)(2)(d)(iii), (iv) and (v) of this section.

vii. Such strand-mounted devices must be installed to cause the least visual impact and with the minimum excess exterior cabling or wires (other than the original strand) necessary to meet the technological needs of the facility.

E. Specific Design Standards for Facilities Located Outside the Right-of-Way.

1. On a Building.

a. Roof-Mounted.

i. Small wireless facilities may be built to the maximum height of the underlying zone (or use the height exception in subsection (E)(1)(a)(iii) of this section) provided they are screened consistent with the existing building in terms of color, architectural style and materials.

ii. Such facilities must be completely concealed and well integrated with the existing structure or designed and located to look like common rooftop elements such as chimneys, elevator penthouses or screened HVAC equipment.

iii. Height Exception. The maximum height for a small wireless facility above the underlying zone maximum is three feet with a maximum footprint of 12 square feet in horizontal section.

b. Facade-Mounted.

i. Small wireless facility antennas may be mounted to the side of a building if they do not interrupt and are integrated with the building’s architectural theme.

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

iii. If concealment is not possible, the antennas must be camouflaged. The smallest feasible mounting brackets must be used and the antennas must be painted and textured to match the adjacent building surfaces.

iv. Facade-mounted antennas may encroach into a required setback or into the city right-of-way. Antennas may not project into the right-of-way more than 12 inches and shall provide a minimum clearance height of 20 feet over any pedestrian or vehicular right-of-way.

v. All other equipment must be located within the building, screened by an existing parapet, or completely concealed and well integrated with the existing structure or designed and located to look like common rooftop elements such as chimneys, elevator penthouses or screened HVAC equipment. Exposed cabling/wiring is prohibited.

vi. Height Exception. Antennas may be located on buildings that are nonconforming for height; provided, that they are constructed to be no taller than the adjacent facade or an existing parapet. Equipment may be located on a roof behind a parapet that is nonconforming for height. Vertical expansion of the height nonconformity is prohibited.

2. Freestanding Small Wireless Facility. The specifications provided in this section are for installations on zoned property only. Refer to subsection (D)(2)(a) of this section for dimensional and appearance standards.

a. Placement Requirements. Freestanding small wireless facilities shall be located as follows:

i. Located such that they in no way impede, obstruct, or hinder the usual pedestrian or vehicular travel, affect public safety, or violate applicable law.

ii. Within five feet of the street property line (right-of-way) and within five feet of a side property line.

iii. So as not to significantly create a new obstruction to property sight lines.

iv. In alignment with existing trees, utility poles, and streetlights.

v. With appropriate clearance from existing utilities.

vi. In compliance with clear zone requirements.

vii. On the same side of the street as existing power lines, regardless of whether power is underground or overhead. [Ord. 4147 § 2 (Att. A), 2019].

20.50.140 Abandonment or discontinuation of use.

A. At such time that a licensed carrier plans to abandon or discontinue operation of a wireless communication facility, such carrier will notify the director by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations.

B. In the event that a licensed carrier fails to give such notice, the wireless communication facility shall be considered abandoned upon the discovery of such discontinuation of operations.

C. Within 90 days from the date of abandonment or discontinuation of use, the carrier shall physically remove the wireless communication facility. “Physically remove” shall include, but not be limited to:

1. Removal of antennas, mounts or racks, the equipment enclosure, screening, cabling and the like from the subject property.

2. Transportation of the materials removed to a repository outside of the city.

3. Restoration of the wireless communication facility site to its pre-permit or better condition, except that any landscaping provided by the wireless communication facility operator may remain in place.

4. If a carrier fails to remove a wireless communication facility in accordance with this section, the city shall have the authority to enter the subject property and physically remove the facility. Costs for removal of the wireless communication facility shall be charged to the wireless communication facility owner or operator in the event the city removes the facility. [Ord. 4147 § 2 (Att. A), 2019; Ord. 3961 § 1, 2014; Ord. 3845 § 2 (Att. A), 2011].

20.50.150 Maintenance.

A. The applicant shall maintain the wireless communication facility to standards that may be imposed by the city by ordinance or through permit condition. Such maintenance shall include, but not be limited to, repair of damaged shrouds or enclosures, painting, structural integrity, and landscaping.

B. In the event the applicant fails to maintain the facility, the city of Edmonds may undertake enforcement action as allowed by existing codes and regulations. [Ord. 4147 § 2 (Att. A), 2019; Ord. 3961 § 1, 2014; Ord. 3845 § 2 (Att. A), 2011].

20.50.160 Definitions.

A. “Antenna(s)” means any apparatus designed for the purpose of emitting radio frequency (RF) radiation, to be operated or operating from a fixed location pursuant to Commission authorization, for the provision of personal wireless service and any commingled information services.

B. “Cell-on-wheels (COW)” are used to provide temporary service, usually for special events, during repair of a permanent wireless site, or in emergencies.

C. “Collocation” means the mounting or installation of an antenna on an existing tower, building or structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes, whether or not there is an existing antenna on the structure.

D. “Fully concealed facility” means a WCF where: (1) the antennas, mounting apparatus, and any associated equipment are fully concealed within a pole or other structure; and (2) all cable is routed internally to the structure; and (3) the associated equipment is completely within the building or structure, placed in an underground vault, or is within another element such as a bench, mailbox or kiosk.

E. “Distributed antenna system (DAS)” is a network of spatially separated antenna sites connected to a common source that provides wireless service within a discrete geographic area or structure.

F. “Equipment” means any equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna.

G. “Freestanding small wireless facility” is a freestanding structure which consists of a single vertical hollow pole, fixed into the ground and/or attached to a foundation built for the sole purpose of supporting and concealing small wireless antennas and associated equipment.

H. “Guyed tower” means a monopole or lattice tower that is tied to the ground or other surface by diagonal cables.

I. “Lattice tower” is a wireless communication support structure which consists of metal crossed strips or bars to support antennas and related equipment.

J. “Licensed carrier” is a company authorized by the Federal Communications Commission to build and operate a commercial mobile radio services system.

K. “Macro cell facility (macro facility)” means a large wireless communication facility that provides radio frequency coverage served by a high power cellular system. 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 are capable of hosting multiple wireless service providers.

L. “Monopole” means a freestanding structure which consists of a single vertical pole, fixed into the ground and/or attached to a foundation with no guy wires built for the sole or primary purpose of supporting macro antennas and their associated equipment.

M. “Poles” means utility poles, light poles or other types of poles, used primarily to support electrical wires, telephone wires, television cable, lighting, or guide posts; or are constructed for the sole purpose of supporting a WCF.

N. “Satellite earth station antenna” includes any antenna in any zoning district that:

1. Is designed to receive direct broadcast satellite service, including direct-to-home satellite services, and that is one meter or less in diameter;

2. Is two meters or less in diameter in areas where commercial or industrial uses are generally permitted;

3. Is designed to receive programming services by means of multi-point distribution services, instructional television fixed services, and local multi-point distribution services, that is one meter or less in diameter or diagonal measurement; and

4. Is designed to receive television broadcast signals.

O. “Small wireless facility (or small cell node)” means a wireless facility that meets each of the following conditions:

1. The facilities:

a. Are mounted on structures 50 feet or less in height including their antennas; or

b. Are mounted on structures no more than 10 percent taller than other adjacent structures; or

c. Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater;

2. Each antenna associated with the deployment, excluding antenna equipment, is not 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 28 cubic feet in volume;

4. The facilities do not require antenna structure registration under FCC rule;

5. The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified by FCC rule.

P. “Unlicensed wireless services” means the offering of communications services using duly authorized devices which do not require individual licenses, but does not mean the provision of direct-to-home satellite services.

Q. “Wireless communication facility (WCF)” means an unstaffed facility for the transmission and reception of radio or microwave signals used for commercial communications. A WCF provides services which include cellular phone, personal communication services, other mobile radio services, and any other service provided by wireless common carriers licensed by the Federal Communications Commission (FCC). WCFs are composed of two or more of the following components:

1. Antenna;

2. Mount;

3. Equipment enclosure;

4. Security barrier.

R. “Wireless communication facility (WCF), building-mounted” means a wireless communication facility mounted to the roof, wall or chimney of a building. Also, those antennas mounted on existing monopoles.

S. “Wireless communication facility (WCF), camouflaged” means a wireless communication facility that is disguised, hidden, or integrated with an existing structure that is not a monopole, guyed or lattice tower, or placed within an existing or proposed structure.

T. “Wireless communication facility (WCF), equipment enclosure” means a small structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communication signals. Associated equipment may include air conditioning and emergency generators.

U. “Wireless communication facility (WCF), monopole” means a wireless communication facility not attached to a structure or building and not exempted from regulation under ECDC 20.50.030. Does not include collocation of a facility on an existing monopole, utility pole, light pole, or flag pole.

V. “Wireless communication facility (WCF), related equipment” is all equipment ancillary to a wireless communication facility such as coaxial cable, GPS receivers, conduit and connectors.

W. “Wireless communication facility (WCF), structure-mounted” means a wireless communication facility located on structures other than buildings, such as light poles, utility poles, flag poles, transformers, and/or tanks.

X. “Wireless communication services” means any personal wireless services as defined in the Federal Telecommunications Act of 1996, including federally licensed wireless communications services consisting of cellular services, personal communications services (PCS), specialized mobile radio services (SMR), enhanced specialized mobile radio services (ESMR), paging, and similar services that currently exist or that may be developed in the future. [Ord. 4147 § 2 (Att. A), 2019; Ord. 3961 § 1, 2014; Ord. 3845 § 2 (Att. A), 2011].