Chapter 117 – WIRELESS SERVICE FACILITIES
Sections:
117.05 User Guide
117.10 Policy Statement
117.15 Definitions
117.20 Applicability
117.25 Exemptions
117.30 General Provisions
117.35 Application Review Process and Appeals
117.40 Macro Facility Permit Procedures
117.45 Macro Facility Location Hierarchy
117.50 Macro Facility Design Standards
117.55 WSF Screening
117.60 Eligible Facilities Modifications
117.65 Small Wireless Facility Permit Procedures
117.70 Small Wireless Facility Permit – Consolidated
117.75 Small Wireless Facilities Design and Concealment Standards
117.80 Small Wireless Facilities Design and Concealment Standards for New Poles in the Rights-of-Way or on Decorative Poles
117.85 Nonuse/Abandonment
117.90 Lapse of Approval
117.05 User Guide
This chapter establishes the conditions under which wireless service facilities (WSF) may locate and operate in the City. The provisions of this chapter add to and in some cases supersede the other regulations of this code.
For properties within jurisdiction of the Shoreline Management Act, see Chapter 83 KZC, as additional regulations may apply.
(Ord. 4852 § 2, 2023)
117.10 Policy Statement
The purpose of this chapter is to provide specific regulations for the permitting, placement, construction, modification and removal of WSF.
Pursuant to the guidelines of Section 704 of the Federal Telecommunications Act of 1996, 47 USC, Chapter 5, Subchapter III, Part I, Section 332(c)(7), the provisions of this chapter are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting the provision of wireless services, nor shall the provisions of this chapter be applied in such a manner as to unreasonably discriminate among providers of functionally equivalent wireless services.
1. The goals of this chapter are to:
a. Establish clear and nondiscriminatory local regulations concerning wireless service providers and services that are consistent with applicable federal and state laws and regulations;
b. Protect residential areas and land uses from potential adverse impacts that WSF might create, including but not limited to impacts on aesthetics, environmentally sensitive areas, historically significant locations, and flight corridors;
c. Minimize potential adverse visual, aesthetic, and safety impacts of WSF;
d. Establish objective standards for the placement of WSF;
e. Encourage the location or attachment of multiple facilities within or on existing or replacement structures to help minimize the total number and impact of WSF throughout the community;
f. 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 feasible, in order to reduce cumulative negative impacts upon the City;
g. Encourage WSF to be configured in a way that minimizes the adverse visual impact of the WSF, as viewed from different vantage points, through careful design, landscape screening, minimal impact siting options and camouflaging techniques, and through assessment of the carrier’s service objective, current location options, siting, future collocations on the proposed WSF, and innovative siting techniques.
2. Accordingly, the City Council finds that the promulgation of this chapter is warranted and necessary to:
a. Manage the location of WSF in the City;
b. Protect residential areas and other land uses from potential adverse impacts of WSF;
c. Minimize visual impacts of WSF through careful design, siting, landscaping, screening, innovative camouflaging techniques and concealment technology;
d. Accommodate the growing need for WSF;
e. Promote and encourage shared use and collocation on existing towers as a desirable option rather than construction of additional single-use towers; and
f. Avoid potential damage to adjacent properties through engineering and proper siting of WSF.
(Ord. 4852 § 2, 2023)
117.15 Definitions
For the purpose of this chapter, the following terms shall have the meaning ascribed to them below. Additional terms utilized in this chapter are defined by Kirkland Municipal Code (KMC) Title 26. Terms not defined in KMC Title 26 or this section shall be defined as set forth in Chapter 5 KZC:
1. “Antenna”: an apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to FCC authorization for the provision of personal wireless service and any commingled information services. For purposes of this definition, the term “antenna” does not include an unintentional radiator, mobile station, or device authorized under 47 CFR Part 17. Types of antennas include:
a. Omni-directional antenna that receives and transmits radiofrequency signals in a 360-degree radial pattern.
b. Directional or panel antenna that receives and transmits radiofrequency signals in a specific directional pattern of less than 360 degrees.
c. Flush-mounted antenna that is attached to the exterior of a building in such a way that there is no space between the back of the antenna and the front of the building facade.
2. “Antenna height”: the highest point of the antenna measured as the elevation above sea level, or if on a rooftop or other structure, from the primary roof surface or top of the other structure to the highest point of the antenna. For replacement structures, antenna height is measured from the top of the existing structure to the highest point of the antenna or new structure, whichever is greater.
3. “Applicant”: any person submitting an application for a WSF permit under this chapter.
4. “Approved WSF”: any WSF that has received all required permits.
5. “Collocation”: (a) mounting or installing an antenna facility on a preexisting structure; and/or (b) modifying a structure for the purpose of mounting or installing an antenna facility on that structure.
6. “Concealment”: a WSF, or component or element of a WSF, that is designed to look like some feature other than a wireless tower or base station.
7. “Director” means the Planning and Building Director or designee.
8. “Decision maker”: the Planning Official or Hearing Examiner, depending upon the circumstances.
9. “Decorative pole”: means any pole that includes decorative or ornamental features, design elements and/or materials intended to enhance the appearance of the pole or the public right-of-way in which the pole is located, and includes all of the poles identified as ‘light standards’ and ‘light specifications’ that appear in any section of the Public Works Pre-Approved Plans.
10. “Equipment enclosure”: a facility, shelter, cabinet or vault used to house and protect electronic or other associated equipment necessary for processing wireless communications signals. “Associated equipment” may include, for example, air conditioning, backup power supplies and emergency generators.
11. “FCC” or “Federal Communications Commission”: the federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level.
12. “Facility” or “facilities”: the plant, equipment and property including, but not limited to, antennas, cables, wires, conduits, ducts, pedestals, electronics, and other appurtenances used or to be used to transmit, receive, distribute, provide or offer wireless telecommunications service.
13. “Macro facility”: a large WSF that provides radiofrequency coverage for wireless services. Generally, macro facility 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 facilities typically contain antennas that are greater than three cubic feet per antenna and typically cover larger geographic areas with relatively high capacity and may be capable of hosting multiple wireless service providers. Macro facilities include but are not limited to monopoles, lattice towers, macro cells, roof-mounted and panel antennas, and other similar facilities.
14. “Nonresidential” or “nonresidential zone”: (1) all portions of the City (including rights-of-way adjacent thereto, measured to the centerline of the right-of-way) in an area not zoned residential as defined in this chapter, or (2) the I-405 or SR 520 right-of-way.
15. “Permittee”: a person who has applied for and received a wireless communication facility permit pursuant to this chapter.
16. “Personal wireless services”: commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.
17. “Poles”: utility poles, light poles or other types of poles, used primarily to support electrical wires, telephone wires, television cable, lighting, or guideposts; or are constructed for the sole purpose of supporting a WSF, but specifically excludes traffic signal poles.
18. “Residential zone” shall be as defined in KZC 5.10.785, together with the PLA1 and P zones; and rights-of-way adjacent to each of the aforementioned zones, measured to the centerline of the right-of-way.
19. “Service provider” shall be defined in accord with RCW 35.99.010(6). “Service provider” shall include those infrastructure companies that provide telecommunications services or equipment to enable the construction of wireless service facilities.
20. “Small wireless facility” shall be defined as provided in 47 CFR 1.6002(l).
21. “Structure”: a pole, tower, base station, or other building, whether or not it has an existing antenna equipment, that is used or to be used for the provision of personal wireless service (on its own or commingled with other types of services).
22. “Telecommunications service” shall be defined in accord with RCW 35.99.010(7).
23. “Temporary WSF” means facilities that are composed of antennas and a mast mounted on a truck (also known as a cell on wheels, or “COW”), antennas mounted on sleds or rooftops, or ballast mount temporary poles. These facilities are for a limited period of time, are not deployed in a permanent manner, and do not have a permanent foundation.
24. “Tower”: any structure that is designed and constructed primarily for the 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 such as microwave backhaul, and the associated site. A ‘tower’ does not include any structures meeting the definition of ‘poles’ as defined in this chapter.
25. “Traffic signal pole” is any structure designed and used primarily for support of traffic signal displays and equipment, whether for vehicular or nonmotorized users.
26. “Unified enclosure” is a small wireless facility providing concealment of antennas and equipment within a single enclosure.
27. “Wireless services” and “wireless service facilities (WSF)”: shall be defined in the same manner as in Title 47, United States Code, Chapter 5, Subchapter III, Part I, Section 332(c)(7)(C), as they may be amended now or in the future.
28. “WSF permit” means the applicable permit for any wireless service facility including but not limited to eligible facilities modifications, small wireless facilities, and macro facilities.
(Ord. 4852 § 2, 2023)
117.20 Applicability
The provisions of this chapter shall apply to the placement, construction, or modification of all WSF, except as specifically exempted in KZC 117.25. Any person who desires to locate or modify a WSF in the City, which is not specifically exempted by KZC 117.25, shall comply with the applicable application permitting requirements, and design and aesthetic regulations described in this chapter. In addition, applicants for WSF inside the City’s right-of-way shall also obtain a franchise pursuant to KMC Title 26.
(Ord. 4852 § 2, 2023)
117.25 Exemptions
The following are exempt from the provisions of this chapter, subject to any other applicable provisions of this code:
1. Temporary WSF during a public emergency declared by the City, state or federal government.
2. Temporary WSF located on the same site as, and during the construction of, a permanent WSF for which appropriate permits have been granted. These facilities are for the reconstruction of a permanent WSF and limited to a duration of 12 months from the date of approval unless an extension is requested at least 30 days prior to the expiration date.
3. Licensed amateur (ham) radio stations.
4. Satellite dish antennas two meters or less in diameter when located in nonresidential zones, and satellite dish antennas one meter or less in diameter when located in residential zones, including direct to home satellite services, when used as an accessory use of the property.
5. Routine maintenance and repair of WSF (excluding eligible facilities modifications and structural work or changes in height or dimensions of support structures or buildings); provided, that the WSF is an approved WSF; and provided further, that compliance with the standards of this code is maintained and a valid right-of-way use permit is held and a right-of-way work permit is obtained if the WSF is located in the right-of-way.
6. Any WSF that is owned and operated by a government entity, for public safety radio systems, ham radio and business radio systems.
7. Radar systems for military and civilian communication and navigation.
8. WSF which legally existed or had a vested application on or prior to the effective date of the ordinance codified in this chapter; except, that this exemption does not apply to modifications of such facilities.
(Ord. 4852 § 2, 2023)
117.30 General Provisions
1. Permit Required. Unless the WSF is exempted pursuant to KZC 117.25, no person may place, construct or modify a WSF without first having obtained a permit issued in accordance with this chapter.
2. Compliance Required. Permittees shall comply with all aspects, including conditions and restrictions, of all approvals in order to implement all actions authorized by that approval.
3. Macro Facilities. Macro facilities, as defined in KZC 117.15, are allowed in all zones, consistent with regulations established herein and require a macro facility permit. Macro facilities located within the City’s rights-of-way require a valid franchise.
4. Small Wireless Facilities. Small wireless facilities, as defined in KZC 117.15, are allowed in all zones, consistent with the regulations established herein and require a small wireless facility permit. Small wireless facilities located within the City’s rights-of-way require a valid franchise.
5. Prohibited Devices. Except as exempted pursuant to KZC 117.25, WSF that are not permanently affixed to a support structure and which are capable of being moved from location to location (e.g., “cell on wheels”) are prohibited.
6. Prohibited Locations. Towers are prohibited on properties within jurisdiction of the Shoreline Management Act as set forth in Chapter 83 KZC.
7. Permit Revocation – Suspension – Denial. A permit issued under this chapter may be revoked, suspended or denied for the following reasons including but not limited to:
a. Failure to comply with any federal, state, or local laws or regulations.
b. Failure to comply with the terms and conditions imposed by the City on the issuance of the permit.
c. When the permit was procured by fraud, false representation, or omission of material facts.
8. Third-Party Review. In certain instances, there may be a need for expert review by a third party of the RF technical data submitted by the applicant. The City may require such a technical review and the actual and reasonable costs shall be paid for by the applicant. The third-party expert shall have recognized training and qualifications in the field of RF engineering.
9. Compliance With Other City Codes. Compliance with the provisions of this chapter does not constitute compliance, or remove from the applicant the obligation to comply, with other applicable provisions of this code, the Comprehensive Plan, or any other ordinance or regulation of the City including, but not limited to, regulations governing construction or implementing the State Environmental Policy Act, the Shoreline Management Act, or Chapter 95 KZC.
10. Conflict. Except with regard to Chapter 83 KZC (Shoreline Management Act), to the extent that any provision or provisions of this chapter are inconsistent or in conflict with any other provision of the Zoning Code, Comprehensive Plan or any ordinance or regulation of the City, the provisions of this chapter shall be deemed to control.
11. Pole Replacements. Pole replacements requests that do not exceed the height of the existing pole may be processed concurrently with an eligible facilities modification permit pursuant to KZC 117.60, and if in the right-of-way, may also be subject to a right-of-way permit pursuant to KMC Title 26.
12. Federal Regulatory Requirements. These provisions shall be interpreted and applied in order to comply with the provisions of federal law. By way of illustration and not limitation, any WSF that has been certified as compliant with all FCC and other government regulations regarding the human exposure to RF emissions will not be denied on the basis of RF radiation concerns.
a. WSFs shall be subject to the requirements of this code to the extent that such requirements:
1) Do not unreasonably discriminate among providers of functionally equivalent services; and
2) Do not prohibit or have the effect of prohibiting wireless service within the City.
13. Violations. Any person who violates any of the provisions of this chapter shall be subject to the provisions of Chapter 1.12 KMC, Code Enforcement. In addition to fines, the City shall have the right to seek damages and injunctive relief for any and all violations of this chapter and all other remedies provided at law or in equity.
(Ord. 4852 § 2, 2023)
117.35 Application Review Process and Appeals
1. An application to site a WSF, or modify an existing WSF, shall be processed according to the table below.
|
Decision Maker |
Facility Type |
|---|---|
|
1. Planning Official Decision (Planning Official issues decision.) |
(a) Eligible Facilities Modifications. (b) Collocation of small wireless facility on existing structure or replacement pole. (c) Construction of new structure for small wireless facility placement. (d) Collocation of new or replacement macro facilities on existing or replacement structure. |
|
2. Hearing Examiner Decision (Hearing Examiner holds public hearing and issues decision.) |
(a) Construction of new macro facilities on a new tower. |
2. Challenges to the decision made on a WSF permit application issued pursuant to this chapter shall be filed in King County Superior Court or in another court of competent jurisdiction.
(Ord. 4852 § 2, 2023)
117.40 Macro Facility Permit Procedures
1. Required Applications. The Director is authorized to establish application forms to gather the information required by City ordinances from applicants.
a. Franchise. If any portion of the applicant’s facilities are to be located in the right-of-way, the applicant shall apply for, and receive, a franchise consistent with KMC Title 26. An applicant with a franchise for the deployment of macro facilities in the City may apply directly for a macro facility permit and related approvals.
b. Macro Facility Permit. The applicant shall submit a macro facility permit application consistent with subsection (2) of this section. Prior to the issuance of a macro facility permit, the applicant shall pay a permit fee as set forth in the City’s fee schedule or the actual costs incurred by the City in reviewing such permit application.
c. Associated Permit(s) and Checklist(s). Any application for a macro facility permit that contains an element that is not categorically exempt from SEPA review shall simultaneously apply under Chapter 43.21C RCW and Chapter 24.02 KMC. Further, any application proposing a macro facility in a shoreline area (pursuant to Chapter 83 KZC), a landslide hazard area (pursuant to Chapter 85 KZC), or a critical area (pursuant to Chapter 90 KZC) shall indicate why the proposal is exempt or comply with the review processes in such codes.
d. License Agreements. An applicant who desires to attach a macro facility, or any associated equipment, on City property, at a specific site in the right-of-way, or to any structure owned by the City shall include an application for a license agreement or site-specific agreement as a component of its application. Master license agreements, including for access to multiple City-owned poles or for public property, or City-owned structures outside the right-of-way, shall be submitted to the City Manager for approval. Site-specific agreements for the use of a specific City-owned pole or for a specific location inside the right-of-way shall be submitted to the Director for approval.
2. Macro Facility Application Requirements.
a. A pre-submittal meeting is encouraged prior to submitting an application for a macro facility permit.
b. The following information shall be provided by all applicants for a macro facility permit:
1) The name, address, phone number and authorized signature on behalf of the applicant;
2) If the proposed site is not owned by the City, the name, address and phone number of the owner and a signed document or lease confirming that the applicant has the owner’s permission to apply for permits to construct the macro facility;
3) A statement identifying the nature and operation of the macro facility;
4) In proposing a macro facility in a particular location, the applicant shall analyze the feasibility of locating the proposed macro facility in each of the higher priority locations established in KZC 117.45 and document, to the City’s satisfaction, why locating the macro facility in each higher priority location and/or zone is not being proposed;
5) A vicinity sketch showing the relationship of the proposed use to existing streets, structures and surrounding land uses, and the location of any nearby bodies of water, wetlands, critical areas or other significant natural or manmade features;
6) Construction drawings as well as a plan of the proposed use showing streets, structures, land uses, open spaces, parking areas, fencing, pedestrian paths and trails, buffers, and landscaping, along with text identifying the proposed use(s) of each structure or area included on the plan;
7) Photo simulations of the proposed macro facility as viewed from public rights-of-way, public properties and affected residentially zoned properties. Photo simulations shall include all cable, conduit and/or ground-mounted equipment necessary for and intended for use in the deployment regardless of whether the additional facilities are to be constructed by a third party;
8) A sworn affidavit signed by an RF engineer with knowledge of the proposed project affirming that the macro facility will be compliant with all FCC and other governmental regulations in connection with human exposure to RF emissions for every frequency at which the facility will operate. If facilities that generate RF radiation necessary to the macro facility are to be provided by a third party, then the permit shall be conditioned on an RF certification showing the cumulative impact of the RF emissions on the entire installation;
9) A notarized letter signed by the applicant stating that the WSF will comply with all applicable federal and state laws, including specifically FCC and Federal Aviation Administration (FAA) regulations, and all City codes;
10) If not proposing a collocation, then documentation showing that the applicant has made a reasonable attempt to find a collocation site acceptable to engineering standards and that: (a) collocating was technically infeasible; (b) that it posed a physical problem; (c) that the existing permittee has an existing agreement that reserves the requested space on the site for another provider; or (d) that it would cost more to collocate than it would to build a new tower;
11) Information sufficient to establish compliance with KZC 117.45 through 117.55;
12) When ground disturbance is proposed, any tree disturbance shall be subject to the provisions of Chapter 95 KZC;
13) The City may require a bond or other suitable performance security pursuant to Chapter 175 KZC to cover the costs of removal of the macro facility;
14) Such additional information as deemed necessary by the Director for proper review of the application, and which is sufficient to enable the decision maker to make a fully informed decision pursuant to the requirements of this chapter.
3. Macro Facility Permit Review Procedures.
a. Completeness. An application for a macro facility is not complete until the applicant has submitted all the applicable items required by subsection (2) of this section, and to the extent relevant, has submitted all the applicable items in subsection (1) of this section, and the City has confirmed that the application is complete.
b. Public Notice. Applications for macro facilities on new towers shall be noticed in accordance with KZC 150.30.
c. Review. Macro facility applications will be reviewed in accordance with the table in KZC 117.35. Applications will be reviewed for conformance with the application requirements in this chapter and specifically the review criteria in subsection (4) of this section to determine whether the application is consistent with this chapter.
d. Decision. The decision maker, established by KZC 117.35, shall issue a decision on the application. The decision maker may grant a permit, grant the permit with conditions pursuant to this chapter and the code, or deny the permit.
1) Any condition reasonably required to enable the proposed use to meet the standards of this chapter and code may be imposed.
2) If no reasonable condition(s) can be imposed that ensure the proposal meets such requirements, the application shall be denied.
3) The decision maker’s decision is final.
4. Macro Facility Permit Review Criteria.
a. No application for a macro facility may be approved unless all of the following criteria, as applicable, are satisfied:
1) The proposed use will be served by adequate public or private facilities including roads and fire protection.
2) The proposed use will not be materially detrimental to the public health, safety and welfare.
3) The proposed use complies with this chapter and all other applicable provisions of this code.
b. The decision maker shall review the application for conformance with the following criteria:
1) Compliance with prioritized locations pursuant to KZC 117.45.
2) Compliance with design standards pursuant to KZC 117.50 and 117.55.
5. Macro Facility Permit Conditions.
a. The permittee shall comply with all of the requirements within the macro facility permit.
b. The permittee shall allow collocation of proposed macro facilities on the permittee’s site, unless the permittee demonstrates that: (1) collocation will impair the technical operation of the existing macro facilities to a substantial degree or (2) is otherwise technically infeasible.
c. The permittee shall notify the City of any sale, transfer, assignment of a macro facility within 60 days of such event.
d. All installations of macro facilities shall comply with any governing construction or electrical code including the National Electrical Safety Code, the National Electric Code or state electrical code, as applicable.
e. The permittee is responsible for providing or arranging for electricity to the macro facility. Any third-party utility providing such electricity shall obtain all required permits from the City prior to constructing its facilities, and it shall obtain a franchise if operating in the rights-of-way.
f. The permittee is responsible for providing transport connectivity (i.e., fiber) to macro facilities. Any third-party utility providing such transport connectivity shall obtain all required permits from the City prior to constructing its facilities, and it shall obtain a franchise if operating in the rights-of-way.
g. A macro facility permit issued under this chapter shall be substantially implemented within 12 months from the date of final approval or the permit shall expire. The permittee may request up to four 12-month extensions, if the permittee cannot construct the macro facility within the original 12-month period.
h. The permittee shall maintain the macro facilities in safe and working condition. The permittee shall be responsible for the removal of any graffiti or other vandalism and shall keep the site neat and orderly, including but not limited to following any maintenance or modifications on the site.
i. All macro facilities shall meet current standards and regulations of the FAA, the FCC and any other agency of the federal government with the authority to regulate macro facilities. If such standards and regulations are changed, the owners of the macro facilities shall bring such facility into compliance with such changes in accordance with the compliance deadlines and requirements of such changes. Failure to bring macro facilities into compliance shall constitute grounds for permit revocation in accordance with KZC 117.30(7).
(Ord. 4852 § 2, 2023)
117.45 Macro Facility Location Hierarchy
1. Macro facilities shall be located in the following prioritized order of preference:
a. Collocated on existing macro facility.
b. Located on existing or replacement structures or buildings located in nonresidential zones.
c. Located on existing or replacement structures or buildings in residential zones on sites not used for single-family residential uses (e.g., religious facility or public facility).
d. New tower proposed in a nonresidential zone, where the sole purpose is for wireless communication facilities. Said tower shall be the minimum height necessary to serve the target area but in no event may it exceed the height requirements of the underlying zoning district by more than 10 feet; however, the tower shall be designed to allow extensions to accommodate the future collocation of additional antennas and support equipment. Further, the tower shall comply with the setback requirements of the relevant zone district, as applicable. In no case shall the tower be of a height that requires illumination by the FAA.
e. New tower proposed in a residential zone, where the sole purpose is for wireless communications, but only if the applicant can establish that the tower cannot be collocated on an existing structure. Further, the proposed tower shall be no higher than the minimum height necessary to serve the target area but in no event may it exceed 40 feet; however, the tower shall be designed to allow extensions to accommodate the future collocation of additional antennas and support equipment. In no case shall the antenna be of a height that requires illumination by the FAA.
(Ord. 4852 § 2, 2023)
117.50 Macro Facility Design Standards
1. Context. The location and design of a macro facility shall consider its visual and physical impact on the surrounding neighborhood and shall, to the extent feasible, reflect the context within which it is located.
2. Design Compatibility. Macro facilities shall be architecturally compatible with the surrounding buildings and land uses or otherwise integrated, through location, design, and/or concealment technology, to blend in with the existing characteristics of the site and streetscape to the maximum extent practical. External projections from the structure shall be limited to the greatest extent technically feasible.
3. Concealment Technology. Macro facilities shall be screened or camouflaged employing the best available technology, such as compatible materials, location, color, artificial trees and hollow flagpoles, and other concealment technology to minimize visibility of the facility from public streets and residential properties:
a. Macro facilities shall be designed and placed or installed on a site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures by:
1) Using existing site features to screen the macro facility from prevalent views; and
2) Using existing or new site features as a background in a way that the macro facility blends into the background.
b. Antennas mounted to a wall of an existing building shall be flush to the wall and not project above the wall on which it is mounted.
c. To the greatest extent technically feasible, cable and/or conduit shall be routed through the inside of any new structure. Where this is not technically feasible, or where such routing would result in a structure of a substantially different design or substantially greater diameter than that of other similar structures in the vicinity or would otherwise appear out of context with its surroundings, the City may allow or require that the cable or conduit be placed on the outside of the structure. The outside cable or conduit shall be the color of the structure, and the City may require that the cable be placed in conduit.
d. As a condition of permit approval, the City may require the applicant to supplement existing trees and mature vegetation to screen the facility. Additionally, for a proposed tower, a greenbelt easement, on a form approved by the City and recorded with King County Auditor’s Office, may be required to ensure permanent retention of the surrounding trees. The greenbelt easement shall be the minimum necessary to provide screening and may be removed at the landowner’s request in the event the macro facility is removed.
e. A macro facility shall be painted either in a nonreflective color or in a color scheme appropriate to the background against which the macro facility would be viewed from a majority of points within its viewshed, and in either case the color shall be approved by the City as part of permit approval.
f. Macro facilities may be subject to additional screening requirements by the Director to mitigate visual impacts to adjoining properties or public right-of-way as determined by site-specific conditions.
g. Alternative measures for concealment may be proposed by the applicant and approved by the City, if the City determines through the applicable review process that the alternative measures will be at least as effective in concealing the macro facility as the measures required above.
4. Setbacks. The following regulations apply, except for macro facilities located in right-of-way:
a. New towers in any zone shall be set back a minimum of 20 feet from any property line, plus an additional one-half foot for each foot of tower height above 40 feet (e.g., if the tower is 40 feet in height, the setback will be 20 feet from any property line; if the tower is 50 feet in height, the setback shall be 25 feet from any property line).
b. Replacement structures intended to accommodate a macro facility shall be set back a distance equal to or greater than the setback of the original structure from any property line adjacent to or across the street from a residential use or residential zone; and the lesser of 10 feet or the distance of the original structure from any property line adjacent to or across the street from all other uses or zones.
5. Tower Height. The applicant shall demonstrate that the tower is the minimum height required to function satisfactorily.
a. Except as otherwise provided in this chapter, tower height shall not exceed 40 feet in residential zones and in other zones tower height shall not exceed the height requirements of the underlying zoning district by more than 10 feet.
b. Tower height in subsection (5)(a) of this section shall be measured from the average building elevation at the tower base to the highest point of the tower, antenna, or other physical feature attached to or supported by the tower.
c. The City reserves the right to approve an increase to the height of towers in any zone if a denial of the proposed tower would be in violation of the 1996 Telecommunications Act, as determined by the Director using the following test: Would denial of the application effectively prohibit the provision of telecommunications service or personal wireless service in violation of 47 USC 253 and/or 332?
6. Antenna Heights. Antennas mounted to an existing, replacement, or new pole shall be subject to the following height limits:
a. In any zone, 15 feet above the top of a pole not used to convey electrical service;
b. In a residential zone, 15 feet above the electrical distribution or transmission conductor (as opposed to top of pole) if the pole is used to convey electrical service; and
c. In a nonresidential zone, 15 feet above an electrical distribution conductor or 21 feet above an electrical transmission conductor (as opposed to top of pole) if the pole is used to convey electrical service.
d. In any zone, antennas on a utility pole or replacement utility pole that have prior approval and exceed the height limits in subsections (6)(a) through (c) of this section may be replaced with new antennas at, but not exceeding, previously approved antenna tip height.
7. Antennas on Structures Other Than Poles. Antennas mounted to structures other than poles shall conform to the following:
a. Antennas may be attached to the sides, parapets, mechanical penthouses, or similar elements, of buildings or structures, including but not limited to water reservoirs, subject to the limitations of this chapter.
b. Antenna height is measured above the primary roof surface, not from the parapet or from the average building elevation of the building, mechanical equipment enclosure, or water reservoir. For structures that have multiple roof planes or elevations, the antenna height shall be measured from the roof elevation to which the antenna is attached.
c. An omni-directional antenna may be roof-mounted but may not be mounted on top of rooftop appurtenances. No panel or directional antennas may be mounted on roofs or project above the roofline. The “roofline” of a water reservoir that incorporates a curved roof shall be the point at which the vertical wall of the water reservoir ends and the curvature of the roof begins.
d. Antennas, including flush-mounted panel or directional antennas, may be attached to an existing conforming mechanical equipment enclosure or stair or elevator penthouse or similar rooftop appurtenance which projects above the roof of the building, but they may not project any higher than the enclosure. Antennas may also be allowed on safety railings located at the roofline of a water reservoir; provided, that the antennas do not extend above the safety railing.
e. Roof-mounted antennas shall be set back from the edge of the roof a distance equal to 100 percent of antenna height; provided, that flush mount antennas on rooftop appurtenances are not subject to this requirement.
f. Roof-mounted antennas shall be consolidated and centered in the roof to the maximum extent feasible rather than scattered; provided, that flush mount antennas on rooftop appurtenances are not subject to this requirement.
g. Except for macro facilities installed in an existing rooftop penthouse, macro facilities shall occupy no more than 10 percent of the total roof area of a building. Rooftop conduit shall be excluded from this calculation.
h. Building parapets or other architectural features, including rooftop mechanical equipment enclosures, stair or elevator penthouses, or similar rooftop appurtenances, shall not be increased in size or height solely for the purpose of facilitating the attachment of macro facilities.
8. Designated Historic Community Landmarks.
a. Applications for macro facilities on buildings, structures, or objects designated in Table CC-1 List A and B located in the Historic Resources section of the Community Character Element in the Comprehensive Plan shall be subject to the provisions of this chapter. The City shall notify the King County Historic Preservation Office in order to provide an opportunity for comments and recommendation on the application. The recommendation will be considered when making a decision on the application.
b. Applications for macro facilities on properties designated in Table CC-1 only as historic sites shall be reviewed subject to the provisions of this chapter and pursuant to the notification and consideration requirements in subsection (8)(a) of this section. Other macro facility applications on designated site-only properties are subject to the provisions of this chapter but do not require the notification and consideration requirements in subsection (8)(a) of this section.
9. Support Wires. No guy or other support wires shall be used in connection with antennas, antenna arrays or support structures except when required by construction codes adopted by the City.
10. Lights, Signals and Signs. No signals, lights or signs shall be permitted on towers unless required by the FCC or the FAA.
11. Noise. The installation and operation of macro facilities shall comply with the noise standards set forth in KZC 115.95. Equipment enclosures shall be oriented so that exhaust ports or outlets are pointed away from properties that may be impacted by noise, if necessary to meet applicable noise standards. The City may require an assessment of noise after operation begins and remediation if the noise levels created are not within the prescribed limits. Cumulative noise impacts will be measured in cases where there is more than one equipment structure.
12. Equipment and Equipment Enclosures. Equipment and equipment enclosures shall conform to the following standards:
a. Maximum Size in Residential Zones. Gross floor area of equipment enclosures shall be the minimum necessary but not greater than 125 square feet each. Additionally:
1) Equipment enclosures shall not exceed six feet in height above finished grade.
2) These limitations shall not apply to equipment enclosures that: (a) are fully contained within a legally established building that houses or is accessory to a principal permitted use and that satisfies the dimensional regulations of the underlying zone, or (b) are fully screened and satisfy the requirements of KZC 117.55.
b. Maximum Size in Nonresidential Zones. Gross floor area of equipment enclosures shall be the minimum necessary but not greater than 240 square feet each. Additionally:
1) Maximum height for ground-mounted equipment enclosures may not exceed 10 feet above finished grade.
2) Maximum height of rooftop-mounted equipment enclosures shall be reviewed as rooftop appurtenances subject to KZC 115.120.
3) These limitations shall not apply to equipment enclosures that: (a) are fully contained within a building that houses or is accessory to a principal permitted use and that satisfies the dimensional regulations of the underlying zone or (b) are fully screened and satisfy the requirements of KZC 117.55.
c. Equipment Enclosures Located in Right-of-Way.
1) Equipment enclosures shall be placed underground if technically feasible.
2) If permitted above ground, equipment enclosures shall not exceed a height of 30 inches. If mounted on poles, said enclosures shall comply with subsection (12)(e) of this section.
3) The Planning Official may increase the 30-inch height limitation for ground-mounted equipment structures to a maximum of 66 inches, if:
a) The height increase is required by the serving electrical utility; and
b) No feasible alternative exists for reducing the height of the structure; and
c) Concealment measures are employed; and
d) The height increase will not adversely impact the neighborhood or the City.
d. Setbacks. Ground-mounted equipment enclosures over 30 inches in height shall be set back at least 10 feet from all property lines; provided, that equipment enclosures that are fully contained within a legally established building that houses or is accessory to a principal permitted use; and equipment enclosures located in the rights-of-way shall not be subject to this setback requirement.
e. Equipment Mounted on Poles or Towers. Electronic and other associated equipment may be mounted on poles or towers. When located in the right-of-way, the location and vertical clearance of such structures shall be reviewed by the Public Works Department and verified by the underlying utility owner to ensure that the structures will not pose a hazard to other users of the right-of-way.
f. Equipment Enclosure Compatibility. Equipment enclosures shall be designed to be compatible with the surrounding area in which they are located. For example, in a residential area, a sloped roof or wood siding may be required.
g. Equipment Enclosure Concealment. One or more of the following concealment measures shall be employed unless the City determines through the applicable review process that alternative measures would be more appropriate given the contextual setting of the equipment or equipment structure:
1) Locating within a building or building appendage constructed in accordance with all applicable City codes;
2) Locating on top of a building, with architecturally compatible screening;
3) Locating underground; or
4) Locating above ground with a solid fence and landscaping subject to the limitations of KZC 117.55(3).
(Ord. 4852 § 2, 2023)
117.55 WSF Screening
1. General. Landscaping shall be required to screen and conceal as much of the WSF and any ground-mounted features, including fencing. The City may allow or require the use of concealment technology, as described in subsections (3) and (4) of this section, either instead of or in addition to required landscaping, to achieve effective concealment. The effectiveness of visual mitigation techniques will be evaluated by the City, taking into consideration the site as built. If the WSF is mounted on a building, and the equipment enclosure is housed inside the building, landscaping shall not be required.
2. Existing Vegetation. Existing vegetation shall be preserved or improved, and disturbance of the existing topography of the site shall be minimized, unless such disturbance will result in less visual impact of the site on the surrounding area.
3. Buffering. Buffers around the WSF shall be required as follows:
a. Buffering of ground-mounted WSF shall be required around the perimeter of the WSF as follows:
1) Provide a five-foot-wide landscaped strip with one row of trees planted no more than 10 feet apart on center along the entire length of the buffer, with deciduous trees of two-inch caliper, minimum, and/or coniferous trees at least six feet in height, minimum. At least 50 percent of the required trees shall be evergreen.
2) Living ground covers planted from either four-inch pots with 12-inch spacing or one-gallon pots with 18-inch spacing to cover within two years 60 percent of the land use buffer not needed for viability of the trees.
b. As an option to the buffering measures described in subsection (3)(a) of this section, the City may approve or require one or more of the measures provided for below, if the City determines that such measures will provide effective screening. Such optional measures include, but are not limited to, the following:
1) Walls or solid fencing, of a height at least as high as the equipment it screens, subject to subsection (4) of this section, Fencing.
2) Architectural features, such as parapets, mechanical penthouses, or building fin walls.
3) Climbing vegetation supported by a structure such as a fence or trellis, of a type and size that will provide a dense visual barrier at least as high as the equipment it screens within two years from the time of planting.
4) Screening by the natural topography of the site or the adjoining property or right-of-way.
4. Fencing. Fencing may be allowed or required if it complies with KZC 115.40 and (a) is needed for security purposes, or (b) is part of concealment technology. The use of chain link, plastic, vinyl or wire fencing is prohibited unless it is fully screened from public view. Landscaping shall be installed on the outside of fences. Fencing installed specifically for the purpose of screening ground-mounted WSF shall not be taller than necessary to provide appropriate screening.
5. Maintenance. The applicant shall maintain the screening in good condition and shall replace any plants required by this chapter or approved or required as part of the permit approval that are unhealthy or dead. In the event that screening is not maintained at the required level, the City, after giving 30 days’ advance written notice to the provider, may maintain or establish the screening and bill both the landowner and provider for such costs until such costs are paid in full. The City does not waive its right to pursue code enforcement.
(Ord. 4852 § 2, 2023)
117.60 Eligible Facilities Modifications
1. Applicability. Eligible facilities modifications shall be reviewed pursuant to this section.
2. Definitions. The following definitions shall apply to eligible facilities modifications only as described in this section and shall not apply throughout this chapter:
a. “Base station”: 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 back-up power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems (“DAS”) and small wireless facilities).
3) 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 (2)(a)(1) and (2) 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.
4) 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 (2)(a)(1) and (2) of this section.
b. “Collocation”: The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radiofrequency signals for communication purposes.
c. “Eligible facilities modification”: 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.
d. “Eligible support structure”: 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.
e. “Existing”: A constructed tower or base station 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.
f. “Site”: 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. The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a state or local government, if the approval of the modification occurred prior to the Spectrum Act or otherwise outside of the Section 6409(a) process.
g. “Substantial change”: 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 10 percent or by the height of one additional antenna 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.
a) 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) The vertical separation of antennas is measured by the distance from the top of the existing antennas to the bottom of the new antennas.
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 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;
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 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;
4) It entails any excavation or deployment outside the current site, except that, for towers other than towers in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the 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.
h. “Tower”: 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.
i. “Transmission equipment”: 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.
3. Application. The City shall prepare and make publicly available an application form which shall be limited to the information necessary for the City to consider whether an application is an eligible facilities modification. The application shall expressly include payment of the applicable permit fee.
4. Type of Review. Upon receipt of an application for an eligible facilities modification pursuant to this chapter, the Director shall review such application to determine whether the application qualifies as an eligible facilities modification.
5. Time Frame for Review. Within 60 days of the date on which an applicant submits an application seeking approval under this chapter, the Director shall approve the application unless it determines that the application is not covered by KZC 117.60.
6. Tolling of the Time Frame for Review. The 60-day review period begins to run when the application is filed with the City, 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 modification is not tolled by a moratorium on the review of applications.
a. To toll the time frame for incompleteness, the Director shall provide written notice to the applicant within 30 days of receipt of the application, clearly and specifically delineating all missing documents and/or information required in the application.
b. The time frame for review begins running again when the applicant makes a supplemental submission in response to the City’s notice of incompleteness.
c. 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 notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.
7. Determination That Application Is Not an Eligible Facilities Modification. If the Director determines that the applicant’s request does not qualify as an eligible facilities modification, the Director shall deny the application. In the alternative, to the extent additional information is necessary, the Director may request such information from the applicant to evaluate the application under other provisions of this chapter and applicable law.
8. Failure to Act. In the event the Director fails to approve or deny a request for an eligible facilities modification within the time frame for review (accounting for any tolling), the request shall be deemed granted. The deemed grant of the eligible facilities modification 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. 4852 § 2, 2023)
117.65 Small Wireless Facility Permit Procedures
1. Required Applications. The Director is authorized to establish franchise and other application forms to gather the information required by this chapter.
a. Franchise. If any portion of the applicant’s facilities are to be located in the City’s right-of-way, the applicant shall apply for, and receive approval of, a franchise, consistent with the requirements in KMC Title 26. An application for a franchise may be submitted concurrently with an application for small wireless facility permit(s).
b. Small Wireless Facility Permit. The applicant shall submit a small wireless facility permit application and associated components as required by subsection (2) of this section. Prior to the issuance of the small wireless facility permit, the applicant shall pay the permit fee as set forth in the fee schedule, or the actual costs incurred by the City in reviewing such permit application. If the applicant desires to locate outside the rights-of-way or has already obtained a franchise to deploy inside the rights-of-way, the applicant may apply directly for a small wireless facility permit.
c. Associated Application(s) and Checklist(s). Any application for a small wireless permit that contains an element that is not categorically exempt from SEPA review shall simultaneously apply under Chapter 43.21C RCW and Chapter 24.02 KMC. Further, any application proposing small wireless facilities in a shoreline area (pursuant to Chapter 83 KZC) or a critical area (pursuant to Chapter 90 KZC) or a landslide hazard area (pursuant to Chapter 85 KZC) shall indicate why the application is exempt or comply with the review processes in such codes. Applications for small wireless facilities on new poles shall comply with the requirements in KZC 117.85.
d. License Agreements. An applicant who desires to attach a small wireless facility or any associated equipment, on City property, at a specific site in the right-of-way, or to any structure owned by the City shall include an application for a license agreement or site-specific agreement as a component of its application. Master license agreements, including for access to multiple City-owned poles or for public property, or City-owned structures outside the right-of-way, shall be submitted to the City Manager for approval. Site-specific agreements for the use of a specific City-owned pole or for a specific location inside the right-of-way shall be submitted to the Director for approval.
2. Application Requirements. The following information shall be provided by all applicants for a small wireless permit:
a. The application shall provide specific locational information including GIS coordinates of all proposed small wireless facilities and specify where the small wireless facilities will utilize existing, replacement or new poles, towers, existing buildings and/or other structures. Ground-mounted equipment, conduit, junction boxes and fiber and electrical connections necessary for and intended for use in the deployment shall also be specified regardless of whether the additional facilities are to be constructed by the applicant or leased from a third party, to the extent provided below. Detailed schematics and visual renderings of the small wireless facilities, including engineering and design standards, shall be provided by the applicant. The application shall have sufficient detail to identify:
1) The location of overhead and underground public utility, telecommunication, cable, water, adjacent lighting, sewer drainage and other lines and equipment within 100 feet of the proposed project area (which the project area shall include the location of the fiber source and power source). Further, the applicant shall include all existing and proposed improvements related to the proposed location, including but not limited to poles, driveways, ADA ramps, equipment cabinets, street trees and structures within 100 feet of the proposed project area;
2) The specific trees, structures, improvements, facilities, lines and equipment, and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate and a landscape plan, in compliance with Chapter 95 KZC, for protecting, trimming, removing, replacing, and restoring any trees or areas to be disturbed during construction.
3) The construction drawings shall also include the applicant’s plan for backhaul and power service, all conduits, cables, wires, handholes, junctions, meters, disconnect switches and any other ancillary equipment or construction necessary to construct the small wireless facility, to the extent to which the applicant is responsible for installing such backhaul and power service, conduits, cables, and related improvements. Where another party is responsible for installing such backhaul and power service, conduits, cables, and related improvements, applicant’s construction drawings will include such utilities to the extent known at the time of application, but at a minimum applicant must indicate how it expects to obtain power and backhaul service to the small wireless facility.
4) Compliance with the siting and aesthetic requirements of KZC 117.80 and 117.85, as applicable.
5) The applicant shall show written approval from the owner of any pole or structure for the installation of its small wireless facilities on such pole or structure. To the extent that the pole or structure is not owned by the property owner, the applicant shall demonstrate in writing that they have authority from the property owner to obtain permits to install the small wireless facility on the pole or structure. Such written approval shall include approval of the specific pole, engineering and design standards from the pole owner, unless the pole owner is the City. Submission of the lease agreement between the owner and the applicant is not required. For City-owned poles or structures, or property (inside or outside the rights-of-way), the applicant shall obtain a license agreement from the City prior to or concurrent with the small wireless permit application and shall submit as part of the application the information required in the license application for the City to evaluate the usage of a specific pole, structure or site.
6) If the application is for a new or a replacement light pole, then the applicant shall provide a photometric analysis, except when the replacement light pole will be located immediately adjacent to an existing pole.
b. The applicant can batch multiple small wireless facility sites in one application. The applicant is encouraged to batch the small wireless facility sites within an application in a contiguous service area.
c. The applicant shall submit a sworn affidavit signed by an RF engineer with knowledge of the proposed project affirming that the small wireless facilities will be compliant with all FCC and other governmental regulations in connection with human exposure to RF emissions for every frequency at which the small wireless facility will operate. If facilities which generate RF radiation necessary to the small wireless facility are to be provided by a third party, then the small wireless permit shall be conditioned on an RF certification showing the cumulative impact of the RF emissions on the entire installation. The applicant may provide one emissions report for the entire small wireless deployment if the applicant is using the same small wireless facility configuration for all installations within that batch or may submit one emissions report for each subgroup installation identified in the batch.
d. The applicant shall provide proof of FCC and other regulatory approvals required to provide the service(s) or utilize the technologies sought to be installed, to the extent applicable.
e. A professional engineer licensed by the state of Washington shall certify in writing, over his or her seal, that both construction plans and final construction of the small wireless facilities and structure or pole and foundation are designed to reasonably withstand wind and seismic loads as established by the International Building Code. The building official may accept alternative forms of the structural approval if the review and calculations are conducted by another agency, such as the pole owner.
f. The small wireless facility application shall include those elements that are typically contained in the right-of-way work application pursuant to KMC Title 26 including a traffic control plan, to allow the applicant to proceed with the build-out of the small wireless facilities.
g. Recognizing that small wireless facility technology is rapidly evolving, the City is authorized to adopt and publish standards for the structural safety of City-owned structures.
3. Application Review Procedures. The following provisions relate to review of applications for a small wireless facility permit:
a. General Provisions.
1) An application for a small wireless facility is not complete until the applicant has submitted all the items required by subsection (2) of this section and, to the extent relevant, has submitted all the applicable items in subsection (1) of this section and the City has confirmed that the application is complete. Grantees with a valid franchise for small wireless facilities may apply for a small wireless permit for the initial or additional placement of small wireless facilities at any time subject to the commencement of a new completeness review time period for permit processing.
2) In any zone, upon application for a small wireless permit, the City will permit small wireless deployment on existing or replacement utility poles conforming to the City’s generally applicable development and design and concealment standards.
3) When facilities are proposed in the public right-of-way, vertical clearance shall be reviewed by the Public Works Official to ensure that the small wireless facilities will not pose a hazard to other users of the right-of-way.
4) Small wireless facilities may not encroach onto or over private property or property outside of the right-of-way without the property owner’s express written consent.
b. Eligible Facilities Requests. Small wireless facilities may be expanded pursuant to an eligible facility request under KZC 117.60 so long as the expansion:
1) Does not defeat concealment elements specifically designated as stealth techniques;
2) Incorporates the aesthetic elements required as conditions of approval set forth in the original small wireless facility approval in a manner consistent with the rights granted an eligible facility; and
3) Does not exceed the conditions of a small wireless facility as defined by 47 CFR 1.6002(l).
c. Review of Facilities. Review of the site locations proposed by the applicant shall be governed by the provisions of 47 USC 253 and 47 USC 332 and other applicable statutes, regulations and case law.
d. Withdrawal. Any applicant may withdraw an application submitted at any time, provided the withdrawal is in writing and signed by all persons who signed the original application or their successors in interest. When a withdrawal is received, the application shall be deemed null and void. If such withdrawal occurs prior to the decision maker’s decision, then reimbursement of fees submitted in association with said application shall be prorated to withhold the amount of City costs incurred in processing the application prior to time of withdrawal. If such withdrawal is not accomplished prior to the decision maker’s decision, there shall be no refund of all or any portion of such fee.
e. Supplemental Information. If the requested supplemental information is not submitted by the applicant within 90 days of notice by the Director, the application file shall be closed, unless an extension period has been approved by the Director.
f. Final Decision. All small wireless facility permit applications shall be reviewed by the decision maker, pursuant to KZC 117.35. The decision maker shall review and make a determination on all applications to site small wireless facilities, consistent with this chapter as well as other applicable code provisions. The decision maker’s decision shall be final. Denial of one or more wireless facility locations within a submission described in this section shall not be the sole basis for denial of other locations or applicant’s entire application for wireless facilities.
4. Permit Conditions.
a. The permittee shall comply with all of the requirements and conditions of the small wireless permit.
b. Governing Construction or Electrical Code. All installations of small wireless facilities shall comply with all applicable governing construction and/or electrical codes including the National Electrical Safety Code, the National Electric Code or state electrical code, as applicable.
c. Electrical Connection. The permittee is responsible for providing or arranging for electricity to small wireless facilities. Any third-party utility providing such electricity shall obtain all required permits from the City prior to constructing their facilities and obtain a franchise if operating in the rights-of-way.
d. Transport/Telecommunications Connection. The permittee is responsible for providing transport connectivity (i.e., fiber) to small wireless facilities. Any third-party utility providing such transport connectivity shall obtain all required permits from the City prior to constructing their facilities and obtain a franchise if operating in the rights-of-way.
e. Post-Construction As-Builts. Upon request, the permittee shall provide the City with as-builts of the small wireless facilities within 30 days after construction of the small wireless facility, demonstrating compliance with the permit and site photographs.
f. Permit Time Limit. Construction of the small wireless facility shall be completed within 12 months after the approval date by the City. The permittee may request up to four 12-month extensions.
g. Site Safety and Maintenance. The permittee shall maintain the small wireless facilities in safe and working condition. The permittee shall be responsible for the immediate removal of any graffiti or other vandalism and shall keep the site neat and orderly, including but not limited to following any maintenance or modifications on the site.
h. Operational Activity. The grantee shall commence operation of the small wireless facility no later than 12 months after installation and may request two extensions for additional six-month periods if grantee can show that such operational activity is delayed due to inability to connect to electrical or backhaul facilities.
i. Modifications. If a grantee desires to make a modification to an existing small wireless facility, including but not limited to expanding or changing the antenna type, increasing the equipment enclosure, placing additional pole-mounted or ground-mounted equipment, or modifying the concealment elements, then the applicant shall apply for a small wireless facility permit.
j. Exceptions to Modifications. A small wireless facility permit shall not be required for routine maintenance and repair of a small wireless facility within the rights-of-way, or the replacement of an antenna or equipment of similar size, weight, and height; provided, that such replacement does not defeat the concealment elements, designated as stealth techniques, used in the original deployment of the small wireless facility, does not impact the structural integrity of the pole, and does not require pole replacement. Further, a small wireless facility permit shall not be required for replacing equipment within the equipment enclosure or reconfiguration of fiber or power to the small wireless facility. If the small wireless facility is located in the right-of-way, a right-of-way permit may be required for such routine maintenance, repair or replacement consistent with KMC Title 26.
(Ord. 4852 § 2, 2023)
117.70 Small Wireless Facility Permit – Consolidated
1. The issuance of a small wireless permit grants authority to construct small wireless facilities in the rights-of-way in a consolidated manner to allow the applicant, in most situations, to avoid the need to seek duplicative approval by multiple departments. The issuance of a small wireless facility permit shall be governed by the time limits established by federal law for small wireless facilities.
2. The general standards applicable to the use of the rights-of-way described in KMC Title 26 shall apply to all small wireless facility permits for location in the right-of-way.
(Ord. 4852 § 2, 2023)
117.75 Small Wireless Facilities Design and Concealment Standards
1. General Provisions.
a. In the event power is later undergrounded in an area where small wireless communication facilities are located above ground on utility poles supporting such power lines, the small wireless communication facilities shall be removed and may be replaced with a facility meeting the design standards for new poles in KZC 117.80 or collocated on existing poles.
b. Except for electrical meters, ground-mounted equipment in the right-of-way is prohibited, unless the applicant can demonstrate that pole-mounted, completely concealed within the pole, 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 right-of-way are prohibited.
c. Small wireless facilities are not permitted on traffic signal poles.
d. Replacement poles and new poles shall comply with the ADA, City construction and sidewalk clearance standards, City ordinance, and state and federal laws and regulations in order to provide a clear and safe passage within the right-of-way. Further, the location of any replacement or new pole shall: be physically possible; comply with applicable traffic warrants; not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices); and not adversely affect the public welfare, health or safety.
e. Replacement poles shall be located in accordance with the City of Kirkland Department of Public Works Pre-Approved Plans, Policy G-6: Utility Policy.
f. 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 or equipment enclosure or on the pole. Any permitted signage shall be located either on the equipment enclosures or in the location required by law and be of the minimum size necessary to achieve the intended or required purpose (no larger than four by six inches unless required by law).
g. Antennas and related equipment shall not be illuminated except for security reasons, required by a federal or state authority, or unless approved as part of a concealment element plan.
h. Side arm mounts for antennas or equipment shall be the minimum extension necessary and the inside edge of the antenna may be no more than 12 inches from the surface of the pole.
i. The preferred location of a small wireless facility on a pole is the location with the least visual impact.
j. No equipment shall be operated so as to produce noise in violation of KZC 115.95 and Chapter 173-60 WAC, Maximum Environmental Noise Levels.
k. Antennas, equipment enclosures, and ancillary equipment, conduit and cable, shall not dominate the structure or pole upon which they are attached and be mounted as close to the structure or pole as feasible.
l. Except for locations in the right-of-way, small wireless facilities are prohibited on any property containing a residential use in the low-density residential zones; provided, that where small wireless facilities are intended to be located more than 400 feet from a right-of-way and within an access easement over residential property, the location may be allowed if:
1) The applicant affirms that it has received an access easement from the property owner to locate the facility in the desired location; and
2) The property owner where the facility will be installed has authority to grant such permission to locate the facility and related equipment at the designated location pursuant to the terms of the access easement; and
3) The installation is allowed by, and consistent with, the access easement; and
4) Such installation will not frustrate the purpose of the easement or create any access or safety issue; and
5) Such installation shall be in compliance with all applicable land use regulations such as, but not limited to, setback requirements.
m. The City may consider the cumulative visual effects of small wireless facilities mounted on poles within the right-of-way when assessing proposed siting locations so as to not adversely affect the visual character of the City. 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 applicant.
n. 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 of the streetscape.
2. Small wireless facilities attached to existing, or replacement non-wooden poles located inside or outside the right-of-way shall conform to the following design criteria:
a. Upon adoption of a city standard for small wireless facility pole design(s) within the City’s Engineering, Design, and Construction Manual, an applicant shall first consider using or modifying the standard pole design to accommodate its small wireless facility without substantially changing the outward visual and aesthetic character of the design. The applicant, upon a showing that use or modification of the standard pole design is either technically or physically infeasible, or that the modified pole design will not comply with the City’s ADA, sidewalk clearance requirements and/or would violate electrical or other safety standards, may deviate from the adopted standard pole design and use the design standards as further described in KZC 117.80.
b. The applicant shall minimize to the extent feasible the antenna and equipment space and shall use the smallest enclosures technically necessary to fit the equipment and antennas. The antennas and equipment shall be located using the following methods:
1) Concealed Completely Within the Pole or Pole Base. Antennas and the associated equipment enclosures (excluding disconnect switches and other appurtenant devices) shall be fully concealed within the pole, unless such concealment is otherwise technically infeasible, or is incompatible with the pole design. If within the pole base, the base shall meet the ADA requirements and not impact the pedestrian access route. In addition, if the equipment enclosure is concealed completely within the pole or pole base, the equipment enclosure may not exceed 28 cubic feet.
2) Underground in a Utility Vault. If located underground, the access lid to the equipment enclosure shall be located outside the footprint of any pedestrian curb ramp and shall have a nonskid surface meeting ADA requirement if located within an existing pedestrian access route. In addition, the associated equipment enclosures may not exceed 28 cubic feet.
3) Located on a Pole. Antennas and the associated equipment enclosures (including disconnect switches and other appurtenant devices) shall conform to the following:
a) The antenna(s) shall be placed as close to the surface of the pole as feasible, meaning that the interior edge may not be more than 12 inches off the surface of the pole, and only if such distance is necessary for antenna tilt and/or technical need. Each antenna may not exceed three cubic feet in volume.
b) The equipment shall be placed as close to the surface of the pole as feasible, but it may not be more than six inches off the surface of the pole. The equipment shall be placed in the smallest enclosure feasible for the technical need of the small wireless facility. The equipment enclosure and all other wireless equipment associated with the utility pole, including wireless equipment associated with the antenna (including conduit) and any preexisting associated equipment on the pole, may not exceed 28 cubic feet. Multiple equipment enclosures may be acceptable if designed to more closely integrate with the pole design and does not cumulatively exceed 28 cubic feet. The applicant is encouraged to place the equipment enclosure behind any banners or road signs that may be on the pole; provided, that such location does not interfere with the operation of the banners or signs, or the operation of the small wireless facility.
c) To the extent feasible, the equipment enclosures shall be placed so as to appear as an integrated part of the pole or behind banners or signs; provided, that such location does not interfere with the operation of the banners or signs, or the operation of the small wireless facility.
d) The applicant may place a side-mounted canister antenna, so long as the inside edge of the antenna is no more than six inches from the surface of the pole.
4) On Private Property. If located on private property, the applicant shall provide documentation establishing the lease or easement right and permission of the property owner to locate the small wireless facility on the private property. In addition, the associated equipment enclosures may not exceed 28 cubic feet.
c. A unified enclosure housing shall be placed as close to the surface of the pole as feasible, but the interior edge of the unified antenna and equipment enclosure shall not extend more than 12 inches off the pole if necessary for antenna tilt and/or technical need. The unified enclosure shall be the smallest size technically necessary, but it shall not exceed the dimensional requirements of subsection (2)(b)(3)(b) of this section.
d. The furthest point of any equipment enclosure may not extend more than 28 inches from the face of the pole. Any equipment or antenna enclosures shall meet WSDOT height clearance requirements. Applicants are encouraged to place the equipment enclosure as close to the antennas as physically and technically feasible, unless such placement would cause a greater aesthetic impact.
e. All conduits, cables, wires and fiber shall be routed internally in the non-wooden 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.
f. An 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 16 inches, measured at the top of the pole, unless the applicant can demonstrate that more space is technically necessary. The antennas and any extension 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, and shall be shrouded or screened to blend with 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.
g. 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.
h. The height of any replacement pole may not extend more than 10 feet above the height of the existing pole or the minimum additional height necessary, whichever is less; provided, that the height of the replacement pole cannot be extended further by additional antenna height.
i. The diameter of a replacement pole shall comply with the City’s setback and sidewalk clearance requirements and shall, to the extent technically feasible, not be more than a 25 percent increase of the existing non-wooden pole measured at the base of the pole, unless additional diameter is needed in order to conceal equipment within the pole and shall comply with the requirements in subsection (1)(d) of this section.
j. 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 may not be retained for the sole purpose of accommodating the small wireless facility and the small wireless facility and all associated equipment may be required to be removed.
3. Wooden Pole Design Standards. Small wireless facilities attached to wooden utility poles located inside or outside the right-of-way, and in public easements, shall conform to the following design criteria:
a. 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 10 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 feasible to provide sufficient separation and/or clearance from electrical and wireline facilities.
b. 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 10 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 feasible 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 match the color of the pole and shall substantially match the diameter of the pole measured at the top of the pole.
c. Replacement wooden poles shall 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.
d. Antennas, equipment enclosures, and all ancillary equipment, boxes and conduit shall be colored or painted to match the color of the surface of the wooden pole on which they are attached.
e. The interior edge of an antenna shall not be mounted more than 12 inches from the surface of the wooden pole.
f. 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 shall not be more than three cubic feet in volume.
g. A canister antenna may be mounted on top of an existing wooden pole, which may not exceed the height requirements described in subsection (3)(a) of this section. A canister antenna mounted on the top of a wooden pole shall not exceed 16 inches in diameter, measured at the top of the pole, and shall be colored or painted to match the pole. The canister antenna shall 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 12 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.
h. The furthest point of any antenna or equipment enclosure may not extend more than 28 inches from the face of the pole. Any equipment or antenna enclosures shall meet WSDOT height clearance requirements. Applicants are encouraged to place the equipment enclosure as close to the antennas as physically and technically feasible, unless such placement would cause a greater aesthetic impact.
i. 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.
j. 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.
k. Equipment for small wireless facilities shall be attached to the wooden pole, unless otherwise permitted to be ground-mounted pursuant to subsection (1)(b) of this section. The equipment shall be placed in the smallest enclosure feasible for the intended purpose. The equipment enclosure and all other wireless equipment associated with the utility pole, including wireless equipment associated with the antenna and any preexisting associated equipment on the pole, may not exceed 28 cubic feet. Multiple equipment enclosures may be acceptable if designed to more closely integrate with the pole design and does not cumulatively exceed 28 cubic feet. The applicant is encouraged to place the equipment enclosure behind any banners or road signs that may be on the pole; provided, that such location does not interfere with the operation of the banners or signs, or the small wireless facility.
l. A unified enclosure may be utilized and shall be placed as close to the surface of the pole as feasible, but the interior edge of the unified enclosure shall not extend more than 12 inches off the pole if necessary for antenna tilt and/or technical need. The unified enclosure shall be the smallest size technically necessary, but shall not exceed the dimensional requirements of subsection (3)(k) of this section. To the extent feasible, the unified enclosure shall be placed so as to appear as an integrated part of the pole or behind banners or signs, provided that such location does not interfere with the operation of the small wireless facility or operations of the banners or signs.
m. 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 feasible.
n. The small wireless facility shall be considered a secondary use to the primary use of the utility pole. If the primary use of a utility pole serving as the host site for a small wireless facility becomes unnecessary, the utility 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.
o. The diameter of a replacement pole shall comply with the requirements listed in subsection (1)(d) of this section or the pole owner’s standard pole size.
p. 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.
4. Small Wireless Facilities Attached to Buildings. Small wireless facilities attached to existing buildings shall conform to the following requirements:
a. Small wireless facilities may be mounted to the sides of a building if the antennas do not interrupt the building’s architectural theme.
b. The interruption of architectural lines or horizontal or vertical reveals is discouraged.
c. 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.
d. Small wireless facilities shall utilize the smallest mounting brackets necessary, in order to provide the smallest offset from the building.
e. 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.
f. Small wireless facilities shall be colored, painted and textured to match the adjacent building surfaces.
g. The applicant shall provide approval from the building owner, including consent that the small wireless design meets the building owner’s design requirements.
h. Small wireless facilities shall comply with the height requirement of the underlying zoning district.
i. Feed lines and coaxial cables shall be located below the parapet of the rooftop or otherwise concealed from view.
j. If an equipment enclosure cannot be located within the building where the small wireless facilities will be located, then the City’s first preference is for the wireless provider to locate the equipment on the roof of the building. If the equipment can be screened by placing the equipment below the parapet walls, no additional screening is required. If screening is required, the proposed screening shall be consistent with the existing building in terms of color, design, architectural style, and material. If the equipment enclosure cannot be located on the roof or within the building, then it shall be located underground consistent with subsection (1)(b) of this section.
5. Small Wireless Facilities Attached to Cables. Small wireless facilities mounted on cables strung between existing utility poles inside the right-of-way shall only be permitted if the applicant can establish that the proposed facility cannot be located on an existing pole, tower or other existing structure; further, if allowed, cable-mounted facilities shall comply with all standards set forth below:
a. Each strand-mounted facility shall not exceed three cubic feet in volume;
b. Only one strand-mounted facility is permitted per cable between any two existing poles;
c. The pole shall be able to support the necessary load requirements of the strand-mounted facility;
d. The strand-mounted devices shall be placed as close as feasible to the nearest utility pole, in no event more than five feet from the pole unless a greater distance is technically necessary or is required by the pole owner for safety clearance;
e. No strand-mounted device shall be located in or above the portion of the roadway open to vehicular traffic;
f. Ground-mounted equipment to accommodate a shared-mounted facility is not permitted except when placed in preexisting equipment cabinets or required by a third-party service provider, such as the electric utility;
g. Pole-mounted equipment shall comply with the requirements of subsections (5)(a) and (b) of this section;
h. Such strand-mounted devices shall be installed to cause the least visual impact and without excess exterior cabling or wires (other than the original strand); and
i. Strand-mounted facilities are prohibited on non-wooden poles, unless the existing pole has preexisting communication wirelines.
(Ord. 4852 § 2, 2023)
117.80 Small Wireless Facilities Design and Concealment Standards for New Poles in the Rights-of-Way or on Decorative Poles
1. New poles within the right-of-way or for installations on a decorative pole 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 right-of-way such as public property, building, transmission tower or separate structure;
b. The proposed small wireless facility complies with the applicable requirements of KZC 117.75(1);
c. The proposed small wireless facility receives approval for a concealment element design, as described in subsection (3) of this section;
d. The proposed small wireless facility complies with SEPA, if applicable; and
e. No new poles shall be located in a critical area or associated buffer required by the City’s critical areas management ordinance (Chapter 90 KZC) or the City’s Shoreline Management Act (Chapter 83 KZC), except when determined to be exempt pursuant to said ordinance.
2. An application for a new pole or installation on a decorative pole is subject to review and approval or denial by the planning official.
3. The concealment element design shall include the design of the screening, fencing or other concealment techniques for a tower, pole, or equipment structure, and all related facilities associated with the proposed small wireless facility, including but not limited to signal and power connections.
a. If the applicant desires to place the small wireless facility on a decorative pole, and the City has created a small wireless facility standard for such type of decorative pole in the Standard Specification and Details, then the applicant is encouraged to first consider using the decorative pole design adopted for small wireless facilities from the Standard Specification and Details. The applicant, upon a showing that using the standard decorative pole design is either technically or physically infeasible, or that a modified pole design will not comply with the City’s ADA, or sidewalk clearance requirements and/or would violate electrical or other safety standards, may deviate from the adopted standard decorative pole design and propose a concealment element design consistent with subsection (3)(b) of this section.
b. If the Director has already approved a concealment element design either for the applicant or another small wireless facility along the same public right-of-way or 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 technically feasible, or that such deployment would undermine the generally applicable design standards, in such case, the applicant shall propose a concealment element design consistent with subsection (3)(c) of this section.
c. The concealment element design should seek to minimize the visual obtrusiveness of the small wireless facility. The proposed pole or structure should have similar designs to existing neighboring poles in the right-of-way, including similar height to the extent technically feasible. If the proposed small wireless facility is placed on a replacement pole, then the replacement pole shall be of the same general design as the pole it is replacing. Any concealment element design for a small wireless facility should attempt to mimic the design of such pole and integrate the small wireless facility into the design of the pole. 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, to the extent technically feasible.
4. Even if an alternative location is established pursuant to subsection (1)(a) of this section, the Director may determine that a new pole in the right-of-way is in fact a superior alternative based on the impact to the City, the concealment element design, the City’s Comprehensive Plan and the added benefits to the community.
5. Prior to the issuance of a permit to construct a new pole or ground-mounted equipment in the right-of-way (other than an electric meter or other third-party service equipment), the applicant shall obtain a site-specific agreement from the City to locate such new pole or ground-mounted equipment. This requirement also applies to replacement poles when the replacement is necessary for the installation or attachment of small cell facilities, the replacement structure is higher than the replaced structure, and the overall height of the replacement structure and the small cell facility is more than 60 feet.
(Ord. 4852 § 2, 2023)
117.85 Nonuse/Abandonment
1. A WSF shall be removed by the facility owner or operator within 60 days of the date it ceases to be operational. In the event the use of any WSF will be discontinued for a period of 60 consecutive days, the owner or operator shall so notify the City in writing, and the WSF shall thereafter be deemed to be abandoned. Determination of the date of abandonment shall be made by the City, which shall have the right to request documentation and affidavits from the WSF owner or operator regarding the WSF operations. Upon such abandonment, the owner or operator of the WSF or the owner of the property upon which such facility is located shall have an additional 60 days within which to:
a. Reactivate the use of the WSF or transfer the WSF to another owner or operator who makes actual use of the WSF; or
b. Remove the WSF. If such WSF is not removed within said 60 days from the date of abandonment, the City may remove such WSF at the facility owner’s expense. If there are two or more wireless service providers on a single tower or pole, then the WSF support structure need not be removed until all users cease using the structure.
2. At the earlier of 60 days from the date of abandonment without reactivation or upon completion of dismantling and removal, City approval of the WSF shall automatically expire.
(Ord. 4852 § 2, 2023)
117.90 Lapse of Approval
For all WSF permit decisions issued for applications that were complete on or before the effective date of the ordinance codified in this chapter, the applicant must substantially complete construction for the development or other actions approved under this chapter and complete the applicable conditions listed on the notice of decision within five years after the final approval on the matter or the decision becomes void.
For development activity or other actions with phased construction, lapse of approval may be extended when approved under this chapter and made a condition of the notice of decision.
(Ord. 4852 § 2, 2023)