Chapter 17.58
WIRELESS COMMUNICATION FACILITIES
Sections:
17.58.025 Applicability and permit decision.
17.58.060 Electromagnetic field (EMF) standards compliance.
17.58.080 Macro facility design and concealment standards.
17.58.090 Macro facility application process.
17.58.100 Macro facility application requirements.
17.58.110 Macro facility permit requirements.
17.58.130 Small wireless facility application process.
17.58.140 Small wireless facility application requirements.
17.58.150 Small wireless facility application review procedure.
17.58.160 Small wireless facility application review criteria.
17.58.170 Small wireless facility permit requirements.
17.58.180 Small wireless facility permit – Consolidated.
17.58.190 Small wireless facilities design and concealment standards.
17.58.200 Small wireless facility design zones.
17.58.220 Eligible facilities requests.
17.58.010 Purpose.
The purpose of this chapter is to regulate the activities of permitting, location, construction, modification, and appearance of wireless communication facilities. It provides adequate siting opportunities through a range of locations and options that minimize safety hazards and visual impacts of wireless communications facilities. The siting of facilities on existing buildings or structures, collocation of several providers’ facilities on a single structure, and visual mitigation measures are encouraged to maintain neighborhood appearance and reduce visual clutter in the city. This chapter is subject to periodic review and revision in accordance with the comprehensive plan. (Ord. 2072 § 2, 2023).
17.58.020 Definitions.
For the purpose of this chapter, the words and phrases used in this chapter shall have the meanings given herein unless otherwise expressly stated. Additional terms utilized in this chapter are defined by Chapter 12.05 MMC. Words not otherwise defined shall have their common and ordinary meaning:
A. “ADA” means the Americans with Disabilities Act (42 U.S.C. Section 12101).
B. “Abandonment” or “abandoned” means to cease operation for a period of 90 or more consecutive days.
C. “Antenna(s)” means an apparatus designed for the purpose of emitting radio frequency (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 15.
D. “Antenna equipment,” consistent with 47 CFR 1.1320(d), means equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, are mounted or installed at the same time as the antenna.
E. “Applicant” means any person who has submitted an application pursuant to this chapter.
F. “Collocation” means (1) mounting or installing antenna or antenna equipment on a preexisting structure, and/or (2) modifying a structure for the purpose of mounting or installing an antenna or antenna equipment on that structure. Provided that, for purposes of eligible facilities requests, “collocation” means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
G. “Concealment elements” means stealth techniques specifically designated as concealment elements as the time of the original approval of the wireless facility for the purposes of rendering the appearance of the WCF as something fundamentally different than a WCF including but not limited to the use of nonreflective materials, appropriate colors, and/or a concealment canister.
H. “Director” means the community development director or, in the event the office is vacant, the mayor’s designee.
I. “Electromagnetic field (EMF)” means the field produced by the operation of equipment used in transmitting and receiving radio frequency signals.
J. “Equipment enclosure” means a facility, shelter, cabinet, or vault used to house and protect electronic or other associated equipment necessary for processing wireless communication signals. “Associated equipment” may include, for example, air conditioning, and backup power supplies.
K. “FCC” or “Federal Communications Commission” means the federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level.
L. “Macro facility” or “macro WCF” means a large telecommunications facility that provides radio frequency coverage for a personal wireless service. Generally, antennas for macro facilities 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 large geographic areas with relatively high capacity.
M. “Monopole” means a pole designed and constructed to support antenna or antennas for the purpose of providing telecommunications services and which consists solely of a stand-alone, ground-mounted support pole, or pipe.
N. “Nonresidential structure” means a structure used for nonresidential purposes. No portion of the structure shall be used for residential use.
O. “Permittee” means a person who has applied for and been issued a WCF permit pursuant to this chapter.
P. “Person” means any individual, public or private corporation, firm, association, joint venture, partnership, owner or other entity whatsoever or any combination of such, jointly or severally.
Q. “Personal wireless services” means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined in 47 U.S.C. Section 332(c)(7)(C).
R. “Public right-of-way” or “right-of-way” means land acquired or dedicated for public roads and streets but does not include:
1. State highways;
2. Land dedicated for road, streets, and highways not opened and not improved for motor vehicle use by the public;
3. Structures, including poles and conduits, located within the right-of-way;
4. Federally granted trust lands or forest board trust lands;
5. Lands owned or managed by the State Parks and Recreation Commission; or
6. Federally granted railroad right-of-way acquired under 43 U.S.C. Section 912 and related provisions of federal law that are not open for motor vehicle use.
S. “Service provider” shall be defined in accordance 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 communication facilities.
T. “Small wireless” and “small wireless facility” shall have the same meaning as a “small wireless facility” as set forth in 47 CFR 1.6002.
U. “Structure” means a pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or commingled with other types of services).
V. “Telecommunications service” shall be defined in accord with RCW 35.99.010.
W. “Tower” means a 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 communication 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.
X. “Traffic signal poles” means a pole that supports equipment used for controlling traffic, including but not limited to traffic lights, rapid flashing beacons, speed radar, and school zone flashers.
Y. “Transmission equipment” means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communication 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.
Z. “Unified enclosure” means a small wireless facility providing concealment of antennas and equipment within a single enclosure.
AA. “Utility pole” means a structure designed and used primarily for the support of electrical wires, telephone wires, television cable, or lighting for streets, parking lots, or pedestrian paths.
BB. “Wireless communications” means any personal wireless services as defined in the Federal Telecommunications Act of 1996 that includes FCC-licensed commercial wireless telecommunications services including cellular, personal communications services (PCS), paging, and similar services that currently exist or that may in the future be developed.
CC. “Wireless communication facility (WCF)” means an unstaffed facility for the transmission and/or reception of radio frequency (RF) signals through electromagnetic energy usually consisting of an equipment shelter or cabinet, a structure and the transmission and reception devices or antenna. (Ord. 2072 § 2, 2023).
17.58.025 Applicability and permit decision.
A. Any person proposing to locate a WCF, as defined by MMC 17.58.020, inside or outside the right-of-way shall comply with the applicable application requirements described in this chapter. In addition, wireless communication facilities inside the right-of-way must also obtain a franchise pursuant to Chapter 12.05 MMC, Utilities and Telecommunications Franchises Code. Applicants are encouraged and expected to provide all related applications in one submittal, unless they have already obtained a franchise or have an existing, valid franchise agreement.
B. The applicable director shall review and may approve or deny small wireless facilities permits pursuant to this chapter through a Process Type I.
C. The applicable director shall review and may approve or deny macro facility permits on existing structures and eligible facilities request pursuant to this chapter pursuant to a Process Type I.
D. The hearing examiner shall review and may approve or deny macro facility permits on new towers through a Process Type IV (process types are described in Chapter 17.71 MMC, Permit Decision and Appeal Processes). (Ord. 2072 § 2, 2023).
17.58.030 Exemptions.
The following are exempt from the provisions of this chapter and shall be permitted in all zones:
A. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC.
B. Antenna(s) and related equipment that are being stored, shipped, or displayed for sale.
C. Facilities used for purposes of public safety, such as, but not limited to, police, hospitals, and the regional 911 system.
D. WCF utilized for temporary emergency communications in the event of a disaster.
E. Licensed amateur (ham) radio stations.
F. Satellite dish antenna(s) less than three feet in diameter, including direct to home satellite services, when used as a secondary use of the property.
G. WCF which existed on or prior to the effective date of the ordinance codified in this chapter; except that this exemption does not apply to modifications of existing facilities.
H. Routine maintenance or repair of a WCF and related equipment, (excluding structural work or changes in height or dimensions of antennae, towers, or buildings); provided, that compliance with the standards of this chapter is maintained.
I. Eligible facilities requests allowed pursuant to MMC 17.58.220.
J. Temporary WCF allowed pursuant to MMC 17.58.040(I). (Ord. 2072 § 2, 2023).
17.58.040 General provisions.
A. Principal or Accessory Use. WCFs may be considered either principal or accessory uses. A different use of an existing structure on the same lot shall not preclude the installation of a WCF on that lot.
B. Not Essential Public Facilities. WCFs are not considered essential public facilities as defined in the Growth Management Act and shall not be regulated or permitted as essential public facilities.
C. FCC Licensing. The applicant shall demonstrate that it is licensed by the FCC if required. The applicant, if not the telecommunications service provider, shall submit proof of lease agreements with an FCC-licensed telecommunications provider, if they are required to be licensed by the FCC.
D. Lot Size. For purposes of determining whether the installation of a WCF complies with district development standards, such as, but not limited to, setback and perimeter landscape requirements, the dimensions of the entire lot shall control, even though a WCF may be located on a leased area within that parcel.
E. City Standards. All WCFs shall comply with all relevant provisions of the Milton Municipal Code.
F. Federal and State Standards. WCFs shall comply with all FAA regulations and environmental impact assessment standards and all other applicable federal and state laws and regulations, including but not limited to any governing construction or electrical code such as the National Electrical Safety Code, the National Electric Code or state electrical code, as applicable.
G. Business Registration. All applicants shall obtain a city business registration, if required, prior to issuance of any permits or franchises.
H. Review of Facilities. Review of the site locations proposed by the applicant shall be governed by the provisions of 47 U.S.C. Sections 253 and 332 and other applicable statutes, regulations and case law. As applicable, applicants for WCF permits shall be treated in a competitively neutral and nondiscriminatory manner with other service providers utilizing supporting infrastructure which is functionally equivalent; that is, service providers whose facilities are similarly situated in terms of structure, placement, or cumulative impacts. When strict application of these requirements would prohibit or effectively prohibit the applicant from providing a wireless service, alternative forms of concealment or deployment may be permitted which provide similar or greater protections from negative visual impacts to the streetscape.
I. Temporary WCF. Temporary WCFs are permitted as follows:
1. A building permit is required to locate or install any temporary WCF within the city.
2. Except during a declared public emergency, a lease or site license agreement is required to install any temporary WCF on city-owned property within the city.
3. Temporary WCFs are only permitted for (a) the reconstruction of a permanent WCF and limited to a duration of 18 months from the date of approval unless an extension is requested at least 30 days prior to the expiration date; or (b) large scale events and limited to the duration of the event, plus 10 days prior to the event and 10 days after.
4. Temporary WCFs shall be portable without a permanent foundation unless they are building mounted. Building-mounted temporary WCF facilities shall comply with all applicable development standards in this chapter.
J. Appeals. The hearing examiner and director decisions on WCF applications are final and may be appealed to superior court pursuant to Chapter 36.70C RCW.
K. Withdrawal. Any applicant may withdraw a WCF application 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 director’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 director’s decision, there shall be no refund of all or any portion of such fee.
L. Supplemental Information. Failure of an applicant to provide additional information as requested by the director within 60 days of notice by the director shall be deemed a denial of that application, unless an extension period has been approved in writing by the director. (Ord. 2072 § 2, 2023).
17.58.050 WCF removal.
In instances where a WCF is to be removed, the removal shall be in accordance with the following procedures:
A. The operator of a WCF shall notify the city upon the discontinued use of a particular facility. The WCF shall be removed by the facility owner within 180 days of the date the site’s use is discontinued, it ceases to be operational, the permit is revoked, or if the facility falls into disrepair or is abandoned. Disrepair includes structural features, paint, landscaping, or general lack of maintenance which could result in safety or visual impacts; and
B. If the provider fails to remove the facility upon 180 days of its discontinued use, the responsibility for removal falls upon the landholder on which the facility has been located. If the landholder fails to remove the facility within 90 additional days, the city may cause the facility to be removed at the owner’s expense. (Ord. 2072 § 2, 2023).
17.58.060 Electromagnetic field (EMF) standards compliance.
All WCF applicants shall comply with federal standards for RF emissions. Copies of performance reports prepared and transmitted to the FCC for licensing compliance shall be forwarded to the city for inclusion in the project file. (Ord. 2072 § 2, 2023).
17.58.070 WCF locations.
A. Macro WCF. Pursuant to the issuance of a valid permit, franchise, and/or lease as applicable, macro WCF may be located as follows, subject to the city’s generally applicable siting, development, design and concealment standards located in MMC 17.58.080:
1. Zoning Districts. Macro WCF located on new towers may be located in the business and light industrial zoning districts.
2. Existing Buildings and Structures. In addition to the zoning districts identified in subsection (A)(1) of this section, macro WCFs may also be placed on the following existing buildings and structures in any zone:
a. Any tower currently used by a permitted WCF; provided, that the tower is in full compliance with all terms and conditions of its approval.
b. The city and Lakehaven Utility District water tanks; provided, that only antennas mounted on the side which do not extend above the top of the tank may be located on water tanks.
c. Existing utility poles located in right-of-way; provided, that the height of the utility pole is not increased more than 15 feet.
B. Small Wireless Facilities. Pursuant to the issuance of a valid permit, and franchise and/or lease as applicable, small wireless facilities may be located in any zone, subject to the city’s generally applicable siting, development and design, and concealment standards in MMC 17.58.190 through 17.58.210. (Ord. 2072 § 2, 2023).
17.58.080 Macro facility design and concealment standards.
The following requirements and performance standards shall apply to any macro facility:
A. Facility Preference. Macro facilities shall be evaluated, based on available aesthetics, for approval and use in the following order of preference:
1. Collocated to an existing nonresidential structure.
2. Collocated on existing tower or monopole when there is no height increase, only when subsection (A)(1) of this section is technically infeasible.
3. Collocated on an existing tower or monopole when there is a height increase of no more than 15 feet above existing tower or monopole, only when subsections (A)(1) and (A)(2) of this section are technically infeasible.
4. Located on a new tower which extends no more than 15 feet above the height limitation of the site’s zoning district, only when subsections (A)(1) through (A)(3) of this section are technically infeasible.
B. Burden of Proof. The applicant shall bear the burden of proof to demonstrate that a facility of higher order of preference cannot be reasonably accommodated on the same or other properties. The city reserves the right to retain a qualified consultant, at the applicant’s expense, to review the supporting documentation for content and accuracy.
C. Collocation. Shared use of towers and other associated facilities by multiple parties is encouraged. Collocated macro facilities shall be permitted to exceed the height limits of the zone by up to 15 feet. Prior to city approval of any new tower:
1. An application for a new tower requires two service providers to be party to the application;
2. A new tower shall be permitted to exceed the height limits of the zone by 30 feet to allow adequate separation between service providers;
3. As a condition of city approval of any new towers, the applicant shall ensure the availability of adequate space to accommodate associated equipment shelters/cabinets of both service providers party to the application.
D. Critical Areas. No macro WCF shall be located in a critical area or associated buffer required by the city’s critical areas ordinance except through a variance granted pursuant to Chapter 17.65 MMC.
E. Height. Height is measured by the vertical distance measured from average building elevation to the highest point of the antenna, or if on a rooftop or other structure, from the top of the roof or structure to the highest point of the antenna.
F. Setbacks. A macro WCF and associated equipment located outside the right-of-way shall maintain a 30-foot setback from property line(s); except when on a lot adjacent to a residentially zoned property, then the minimum setback from the property line(s) of the adjacent residentially zoned property shall be 60 feet.
G. Impacts. Macro facilities shall be located and installed in such a manner so as to minimize impacts on the skyline and surrounding area in the following manner:
1. Macro facilities may not extend more than 15 feet above the structure they are located on.
2. Site location and development shall preserve the preexisting character of the surrounding buildings, land use, and the zone district to the extent possible, while maintaining the function of the macro facility. Macro facilities shall be integrated through location, siting, and design to blend in with the existing characteristics of the site through application of the following measures:
a. Existing on-site vegetation should be preserved insofar as possible or improved, and disturbance of the existing topography shall be minimized unless such disturbance would result in less visual impact of the site to the surrounding area;
b. To the extent practicable, and in order to minimize impacts on the skyline and surrounding area, macro facilities should be located adjacent to existing vegetation and buildings.
3. Related equipment facilities used to house wireless communications equipment shall be located within buildings, or underground when possible. When they cannot be located in buildings or placed underground, equipment shelters, or cabinets shall be screened. Alternate methods for screening may include the use of building or parapet walls, sight-obscuring fencing and/or berms, landscaping, screen walls, equipment enclosures, or any combination of the above.
4. No macro facilities shall be used for the purpose of mounting signs or message displays of any kind.
5. Macro facilities shall not be lighted, except for emergency work lights, unless required by the FAA or other applicable authority.
6. Macro facilities shall conform to the city’s noise regulations. (Ord. 2072 § 2, 2023).
17.58.090 Macro facility application process.
Applicants are encouraged and expected to provide all related applications listed in subsection A of this section below for each facility in one submittal unless they have already obtained a franchise or lease.
A. The director is authorized to establish franchise and other application forms to gather the information required by these ordinances from applicants.
1. Franchise. If any portion of the applicant’s facilities is to be located in the right-of-way, the applicant shall apply for, and receive, a franchise consistent with Chapter 12.05 MMC. 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.
2. Macro Facility Permits. The applicant shall submit a macro facility permit application as required by MMC 17.58.025. Prior to the issuance of a macro facility permit, the applicant shall pay the permit fee as set forth in the city’s fee schedule, or the actual costs incurred by the city in reviewing such permit application pursuant to MMC 17.58.120.
3. Associated Permit(s) and Checklist(s). The applicant shall attach all associated required permit applications including but not limited to applications required under Chapter 12.04 MMC, applications or checklists required under the city’s critical areas, shoreline or SEPA ordinances, and clearing and grading permits.
4. Leases. An applicant who desires to attach a macro facility or any associated equipment, on city property, on any structure owned by the city, or in the city right-of-way, shall include an application for a lease or license as a component of its application. Leases and licenses for the use of right-of-way, public property, structures, or facilities shall be approved by the director. (Ord. 2072 § 2, 2023).
17.58.100 Macro facility application requirements.
A. A preapplication meeting is encouraged prior to submitting an application for a macro facility permit.
B. Applications for a macro facility shall be in a form prescribed by the city and at a minimum shall contain the following information:
1. The name, address, phone number and authorized signature on behalf of the applicant.
2. Three photo simulations of the proposed facility from affected residential properties and public right-of-way at varying distances. Photo simulations must 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.
3. 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 construct the macro facility.
4. A statement identifying the nature and operation of the macro facility.
5. A site plan clearly indicating:
a. The location, type and height of the proposed macro facility;
b. A legal description of the parcel, and a description of on-site land uses and zoning;
c. Adjacent land uses and zoning including distance in feet to nearest residentially zoned property;
d. Adjacent roadways, proposed means of access and setbacks from property lines; and
e. Elevation drawings of the proposed tower, and any other proposed structures.
6. A site elevation and landscaping plan indicating the specific placement of the facility on the site, the location of existing structures, trees, and other significant site features. The site elevation and landscaping plan shall include a complete description of all measures proposed to camouflage the facility, including the type and location of plant materials used to screen the facility, and the proposed color schemes for the facility and the method of fencing.
7. Copies of any environmental documents required by any federal or state agency. These shall include the environmental assessment required by 47 CFR 1.1307, or, in the event that an FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment.
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 radio frequency emissions for every frequency at which the facility will operate. If facilities which 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 current map showing the location and service area of the proposed macro facility, a map showing the locations and service areas of other wireless communication facilities operated by the applicant and those proposed by the applicant that are close enough to impact service within the city.
10. Certification that the antenna will not interfere with other adjacent or neighboring transmission or reception functions.
11. If the facility is proposed for location in the city right-of-way, evidence of bonding and insurance in amounts prescribed by the city.
12. The application shall include documentation demonstrating compliance with the city’s storm water management requirements.
13. Information necessary to demonstrate applicant’s compliance with FCC rules, regulations, and requirements which are applicable to the proposed macro facility.
14. 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 collocating was not technically feasible or that it posed a physical problem.
15. Such additional information as deemed necessary by the director for proper review of the application, and which is sufficient to enable the director to make a fully informed decision pursuant to the requirements of this chapter. (Ord. 2072 § 2, 2023).
17.58.110 Macro facility permit requirements.
Approved permits issued by the city for macro WCFs shall be restricted by the following permit limitations:
A. An approved permit shall be valid for one year from the date of the city’s approval, with opportunity for a single six-month extension. If not used within one year, or within the extension period, the permit shall become null and void unless the delay is the result of actions by the city or the courts.
B. The permittee shall maintain the macro WCF 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. (Ord. 2072 § 2, 2023).
17.58.120 Fees.
Unless the city council has adopted a permit fee for WCF permits, the applicant shall reimburse the city for actual, reasonable costs associated with processing a WCF application. These costs include the costs of professional engineers and other consultants hired by the city to review and inspect the applicant’s proposal when the city is unable to do so with existing in-house staff. These professional services may include, but are not limited to, engineering, technical reviews, legal, planning, hearing examiner, environmental review, critical areas review, financial, accounting, soils, mechanical, and structural engineering. In the event that a project requires special staff analysis beyond that which is included in the base fee, the applicant shall reimburse the city at the hourly rate identified in the city’s current fee ordinance in place at the time of application. (Ord. 2072 § 2, 2023).
17.58.130 Small wireless facility application process.
Applicants are encouraged and expected to provide all related applications listed in subsection B of this section and all applicable items required by MMC 17.58.140 for each facility in one submittal unless they have already obtained a franchise or lease.
A. Completeness. An application for a small wireless facility is not complete until the applicant has submitted all the applicable items required by MMC 17.58.140 and, to the extent relevant, has submitted all the applicable items in subsection B 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.
B. Application Components. The director is authorized to establish franchise and other application forms to gather the information required by these ordinances from applicants.
1. 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 approval of, a franchise, consistent with the requirements in Chapter 12.05 MMC. An application for a franchise may be submitted concurrently with an application for small wireless facility permit(s).
2. Small Wireless Facility Permits. The applicant shall submit a small wireless facility permit application and associated components as required by MMC 17.58.140. Prior to the issuance of the small wireless facility permit, the applicant shall pay the permit fee as set forth in the city’s fee schedule, or the actual costs incurred by the city in reviewing such permit application pursuant to MMC 17.58.120. If the applicant desires to locate outside the right-of-way, or has already obtained a franchise to deploy inside the right-of-way, the applicant may apply directly for a small wireless facility permit.
3. Associated Application(s) and Checklist(s). Any application for a small wireless permit which contains an element which is not categorically exempt from SEPA review shall simultaneously apply under Chapter 43.21C RCW and Chapter 18.04 MMC. Further, any application proposing small wireless facilities in a shoreline area (pursuant to Chapter 18.12 MMC) or a critical area (pursuant to Chapter 18.16 MMC) or proposed in such a way that may require a clearing and grading permit (Chapter 13.27 MMC) shall indicate why the application is exempt or comply with the review processes in such codes. Applications for small wireless facilities in design zones or for new poles shall comply with the requirements in MMC 17.58.210.
4. Leases. An applicant who desires to attach a small wireless facility or any associated equipment, on city property, on any structure owned by the city, or in the city right-of-way, shall include an application for a lease or license as a component of its application. Leases and licenses for the use of right-of-way, public property, structures, or facilities shall be approved by the director. (Ord. 2072 § 2, 2023).
17.58.140 Small wireless facility 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. 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 250 feet of the proposed project area (which 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 250 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 for protecting, trimming, removing, replacing, and restoring any trees or areas to be disturbed during construction.
3. Compliance with the siting and aesthetic requirements of MMC 17.58.190 and 17.58.210, as applicable.
4. The applicant must show written approval from the owner of any pole, structure, or location for the installation of its small wireless facilities. To extent that the pole, structure, or location is not owned by the applicant, the applicant shall demonstrate in writing that they have authority from the property owner to install the small wireless facility on the pole, structure, or location. 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 locations, the applicant must obtain a lease from the city prior to or concurrent with the small wireless permit application and must submit as part of the application the information required in the lease for the city to evaluate the usage of a specific pole.
5. If the application is for a new utility pole that provides lighting, then the applicant must provide a photometric analysis.
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. Any application for a small wireless facility located in the right-of-way adjacent to a parcel zoned for residential use shall demonstrate that it has considered the following:
1. Whether the proposed small wireless facility could be located on a street corner rather than in the middle of a block.
2. Whether a small wireless facility is currently installed on an existing pole in front of the same residential parcel. If a small wireless facility exists, then the applicant must demonstrate that no technically feasible alternative location exists which is not in front of the same residential parcel.
3. Whether the proposed small wireless facility can be screened from residential view by choosing a pole location that is not directly in front of a window or views.
D. 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 radio frequency 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.
E. 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.
F. 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.
G. The small wireless facility permit shall include those elements that are typically contained in the street work permit pursuant to Chapter 12.04 MMC, including a traffic control plan, to allow the applicant to proceed with the build-out of the small wireless facility deployment.
H. Recognizing that small wireless facility technology is rapidly evolving, the city is authorized to adopt and publish standards for the technological and structural safety of city-owned structures and to formulate and publish application questions for use when an applicant seeks to attach to city-owned structures. (Ord. 2072 § 2, 2023).
17.58.150 Small wireless facility application review procedure.
A. Permitted Locations. Upon application for a small wireless permit, the city will permit small wireless deployment conforming to the city’s generally applicable siting, development and design, and concealment standards in MMC 17.58.190 except as provided in subsection B of this section, in all zones except on lots with a single-family residential use in a residential zone.
B. Installments on New Poles or in Design Zones. Small wireless facilities proposed on new poles or in design zones shall comply with the design and concealment standards in MMC 17.58.210.
C. Eligible Facilities Requests. Small wireless facilities may be expanded pursuant to an eligible facility request 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). (Ord. 2072 § 2, 2023).
17.58.160 Small wireless facility application review criteria.
A. No small wireless facility permit shall be approved unless the following criteria, as applicable, are demonstrated:
1. The small wireless facility’s vertical clearance does not pose a hazard to other users of the rights-of-way.
2. Replacement poles and new poles comply with the ADA, city construction and sidewalk clearance standards, traffic warrants, city ordinances, and state and federal statutes and regulations in order to provide a clear and safe passage within the right-of-way.
3. The location of any replacement pole or new pole must be physically possible, cannot obstruct vehicular or pedestrian traffic or the clear zone, not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not adversely affect the public welfare, health, or safety.
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 as required by MMC 17.58.190(A)(2)(d). (Ord. 2072 § 2, 2023).
17.58.170 Small wireless facility permit requirements.
A. The permittee shall comply with all of the requirements within the small wireless permit.
B. Governing Construction or Electrical Code. All installations of small wireless 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.
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 a franchise from the city prior to operating in the right-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 a franchise from the city prior to operating in the right-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 must be completed within six months after the approval date by the city. The permittee may request one extension to be limited to six months, if the permittee cannot construct the small wireless facility within the original 12-month period.
G. Site Safety and Maintenance. The permittee must maintain the small wireless 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.
H. Operational Activity. The grantee shall commence operation of the small wireless facility no later than six months after installation and may request one extension for an additional six-month period if grantee can show that such operational activity is delayed due to inability to connect to electrical or backhaul facilities. If operation does not commence within six months, or within the extension period, the permit shall become null and void unless the delay is the result of actions by the city or the courts.
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 right-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. A street work permit(s) may be required for such routine maintenance, repair or replacement consistent with Chapter 12.04 MMC. (Ord. 2072 § 2, 2023).
17.58.180 Small wireless facility permit – Consolidated.
A. The issuance of a small wireless permit grants authority to construct small wireless facilities in the right-of-way in a consolidated manner to allow the applicant, in most situations, to avoid the need to seek duplicative approval by both the public works and the development services departments. As an exercise of police powers pursuant to RCW 35.99.040(2), the small wireless facility permit is not a right-of-way use permit, but instead a consolidated public works and land use permit and the issuance of a small wireless facility permit shall be governed by the time limits established by federal law for small wireless facilities.
B. The general standards applicable to the use of the right-of-way described in Chapter 12.04 MMC shall apply to all small wireless facility permits. (Ord. 2072 § 2, 2023).
17.58.190 Small wireless facilities design and concealment standards.
Small wireless facilities permitted in accordance with this chapter shall conform to the following design standards:
A. Small wireless facilities attached to existing or replacement nonwooden utility poles located inside or outside the right-of-way shall conform to the following design criteria:
1. Upon adoption of a city standard small wireless facility pole design(s) within the city’s development guidelines and public works standards, 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 this subsection A.
2. The applicant shall minimize to the extent possible the antenna and equipment space and shall use the smallest enclosure technically necessary to fit the equipment and antennas. The antennas and equipment shall be located using the following methods:
a. Concealed completely within the pole or pole base. Antennas and the associated equipment enclosures (including 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.
b. 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 feet.
c. Located on a pole. Antennas and the associated equipment enclosures (including disconnect switches and other appurtenant devices) shall conform to the following:
i. The antenna(s) shall be placed as close to the surface of the pole as possible, 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 technical need. Each antenna may not exceed three cubic feet in volume.
ii. The equipment shall be placed as close to the surface of the pole as possible, but may not be more than six inches off the surface of the pole. The equipment must be placed in the smallest enclosure possible 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.
iii. A unified enclosure housing both antenna and equipment shall be placed as close to the surface of the pole as possible, 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 technical need. The unified antenna and equipment enclosure shall be the smallest size technically necessary, but shall not exceed the dimensional requirements of subsection (A)(2)(c)(ii) of this section.
iv. To the extent possible, 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.
v. 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.
d. 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.
3. 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 possible, unless such placement would cause a greater aesthetic impact.
4. All conduit, cables, wires and fiber shall be routed internally in the nonwooden 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.
5. 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.
6. 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.
7. 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.
8. 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 nonwooden pole measured at the base of the pole, unless additional diameter is needed in order to conceal equipment within the base of the pole, and shall comply with the requirements in subsection (E)(5) of this section.
9. The use of the pole for the siting of a small wireless facility shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host site for a small wireless facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small wireless facility and the small wireless facility and all associated equipment shall be removed.
B. 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:
1. The wooden pole at the proposed location may be replaced with a taller pole for the purpose of accommodating a small wireless facility; provided, that the replacement pole shall not exceed a height that is a maximum of 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 possible to provide sufficient separation and/or clearance from electrical and wireline facilities.
2. A pole extender may be used instead of replacing an existing pole but may not increase the height of the existing pole by more than 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 possible to provide sufficient separation and/or clearance from electrical and wireline facilities. A “pole extender” as used herein is an object affixed between the pole and the antenna for the purpose of increasing the height of the antenna above the pole. The pole extender shall be painted to approximately match the color of the pole and shall substantially match the diameter of the pole measured at the top of the pole.
3. Replacement wooden poles 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.
4. Antennas, equipment enclosures, and all ancillary equipment, boxes and conduit shall be colored or painted to match the approximate color of the surface of the wooden pole on which they are attached.
5. The interior edge of an antenna shall not be mounted more than 12 inches from the surface of the wooden pole.
6. Antennas should be placed in an effort to minimize visual clutter and obtrusiveness. Multiple antennas are permitted on a wooden pole provided that each antenna enclosure shall not be more than three cubic feet in volume.
7. A canister antenna may be mounted on top of an existing wooden pole, which may not exceed the height requirements described in subsection (B)(1) 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.
8. 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 possible, unless such placement would cause a greater aesthetic impact.
9. An omnidirectional 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.
10. 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.
11. Equipment for small wireless facilities shall be attached to the wooden pole, unless otherwise permitted to be ground mounted pursuant to subsection (E)(2) of this section. The equipment must be placed in the smallest enclosure possible 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.
12. A unified enclosure housing both antenna and equipment may be utilized and shall be placed as close to the surface of the pole as possible, 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 technical need. The unified enclosure shall be the smallest size technically necessary, but shall not exceed the dimensional requirements of subsection (B)(11) of this section. To the extent possible, the unified enclosure shall be placed so as to appear as an integrated part of the pole or behind banners or signs; provided, that such location does not interfere with the operation of the small wireless facility or operations of the banners or signs.
13. The visual effect of the small wireless facility on all other aspects of the appearance of the wooden pole shall be minimized to the greatest extent possible.
14. 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.
15. The diameter of a replacement pole shall comply with the requirements listed in subsection (A)(8) of this section.
16. 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.
C. Small Wireless Facilities Attached to Existing Buildings. Small wireless facilities attached to existing buildings shall conform to the following design criteria:
1. Small wireless facilities may be mounted to the sides of a building if the antennas do not interrupt the building’s architectural theme.
2. The interruption of architectural lines or horizontal or vertical reveals is discouraged.
3. New architectural features such as columns, pilasters, corbels, or other ornamentation that conceals antennas may be used if it complements the architecture of the existing building.
4. Small wireless facilities shall utilize the smallest mounting brackets necessary in order to provide the smallest offset from the building.
5. 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.
6. Small wireless facilities shall be colored, painted and textured to match the adjacent building surfaces, to the extent technically feasible.
7. Small wireless facilities must meet the height requirement of the underlying zoning district.
8. Feed lines and coaxial cables shall be located below the parapet of the rooftop or otherwise concealed from view.
9. 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 telecommunication carrier 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 must be consistent with the existing building in terms of color, design, architectural style, and material. If the cabinet equipment cannot be located on the roof or within the building, then it shall be located underground consistent with subsection (A)(2)(b) of this section.
D. Small Wireless Facilities Attached to Cables. Small wireless facilities mounted on cables strung between existing utility poles inside the right-of-way shall conform to the following standards:
1. Each strand-mounted facility shall not exceed three cubic feet in volume;
2. Only one strand-mounted facility is permitted per cable between any two existing poles;
3. The pole must be able to support the necessary load requirements of the strand-mounted facility;
4. The strand-mounted devices shall be placed as close as possible to the nearest utility pole, in no event more than five feet from the pole unless a greater distance is technically necessary or is required by the pole owner for safety clearance;
5. No strand-mounted device shall be located in or above the portion of the roadway open to vehicular traffic;
6. Ground-mounted equipment to accommodate a shared mounted facility is not permitted except when placed in preexisting equipment cabinets; and
7. Pole-mounted equipment shall comply with the requirements of subsections (D)(1) and (D)(2) of this section.
8. 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).
9. Strand-mounted facilities are prohibited on nonwooden poles, unless the existing pole has preexisting communication wirelines.
E. General Requirements.
1. In the event power is later undergrounded in an area where small wireless communication facilities are located above ground on utility poles, the small wireless communication facilities shall be removed and may be replaced with a facility meeting the design standards for new poles in MMC 17.58.210.
2. 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.
3. Small wireless facilities are not permitted on traffic signal poles unless denial of the siting could be a prohibition or effective prohibition of the applicant’s ability to provide telecommunications service in violation of 47 U.S.C. Sections 253 and 332.
4. 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.
5. Replacement poles shall be located no more than five feet from the existing pole with the requirement to remove the abandoned pole.
6. 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); provided, that signs are permitted as concealment element techniques where appropriate.
7. 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.
8. 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.
9. The preferred location of a small wireless facility on a pole is the location with the least visual impact.
10. Antennas, equipment enclosures, and ancillary equipment, conduit and cable shall not dominate the structure or pole upon which they are attached.
11. Except for locations in the right-of-way, small wireless facilities are prohibited on any property containing a residential use in a single family residential zones. When permitted SWF and associated equipment located outside the right-of-way shall maintain a seven-foot-six-inch setback from residential property lines.
12. 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. (Ord. 2072 § 2, 2023).
17.58.200 Small wireless facility design zones.
A. Design Zones. The uptown district is designated as a design zone for purposes of siting small wireless facilities.
B. Any applicant who desires to locate a small wireless facility in a design zone shall comply with the requirements and standards in MMC 17.58.210. (Ord. 2072 § 2, 2023).
17.58.210 Requirements for small wireless facilities in design zones or located on new poles in the right-of-way.
A. New poles within the right-of-way or for installations in design zones are only permitted if the applicant can establish that:
1. The proposed small wireless facility cannot be located on an existing utility pole, electrical transmission tower or on a site outside of the design zones or outside public right-of-way such as public property, building, transmission tower or in or on a nonresidential use in a residential zone whether by roof or panel mount or separate structure;
2. The proposed small wireless facility complies with the applicable requirements of MMC 17.58.190(E);
3. The proposed small wireless facility receives approval for a concealment element design, as described in subsection C of this section;
4. The proposed small wireless facility complies with SEPA, if applicable;
5. Any new pole shall be installed at the point closest to the side property line so as not to impact the property’s views; and
6. No new poles shall be located in a critical area or associated buffer required by Chapter 18.16 MMC (Critical Areas), except when determined to be exempt pursuant to said ordinance.
B. An application for a new pole in the right-of-way or for an installation in a design zone is subject to review and approval or denial by the director.
C. The concealment element design shall include the design of the screening, fencing or other concealment technology for a tower, pole, or equipment structure, and all related transmission equipment or facilities associated with the proposed small wireless facility, including but not limited to fiber and power connections.
1. 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 (C)(2) of this section.
2. 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 unless the director otherwise approves a variation due to aesthetic or safety concerns. 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.
D. Even if an alternative location is established pursuant to subsection (A)(1) 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.
E. Prior to the issuance of a permit to construct a new pole or ground mounted equipment in the right-of-way, the applicant must obtain a site-specific agreement from the city to locate such new pole or ground mounted equipment. This requirement also applies to replacement poles when the replacement is necessary for the installation or attachment of small wireless facilities, the replacement structure is higher than the replaced structure, and the overall height of the replacement structure and the small wireless facility is more than 60 feet.
F. 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 street scape. (Ord. 2072 § 2, 2023).
17.58.220 Eligible facilities requests.
A. Applicability. Eligible facilities requests shall be reviewed pursuant to this section.
B. Definitions. The following definitions shall apply to eligible facilities requests only as described in this section and shall not apply throughout this chapter.
1. “Base station” means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein nor any equipment associated with a tower. “Base station” includes, without limitation:
a. Equipment associated with wireless communications services as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
b. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and back-up power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems (“DAS”) and small wireless facilities).
c. Any structure other than a tower that, at the time the relevant application is filed (with jurisdiction) under this section, supports or houses equipment described in subsections (B)(1)(a) and (b) of this section that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.
d. 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 (B)(1)(a) and (b) of this section.
2. “Collocation” means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communication purposes.
3. “Eligible facilities request” means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:
a. Collocation of new transmission equipment;
b. Removal of transmission equipment; or
c. Replacement of transmission equipment.
4. “Eligible support structure” means any tower or base station as defined in this section; provided, that it is existing at the time the relevant application is filed with the city.
5. “Existing” means 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.
6. “Site” means, for towers other than towers in the public right-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.
7. “Substantial change” means a modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:
a. For towers other than towers in the public right-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.
i. Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings’ rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.
ii. The separation of antennas is measured by the distance from the top of the existing antennas to the bottom of the new antennas.
b. For towers other than towers in the public right-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 10 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;
c. For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public streets and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10 percent larger in height or overall volume than any other ground cabinets associated with the structure;
d. It entails any excavation or deployment outside the current site, except that, for towers other than towers in the public right-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;
e. It would defeat the concealment elements of the eligible support structure; or
f. It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified above.
8. “Tower” means any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul and the associated site.
9. “Transmission equipment” means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
C. 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 may not require the applicant to demonstrate a need or business case for the proposed modification.
D. 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 request.
E. 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 is determined that the application is not covered by this section.
F. 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 request is not tolled by a moratorium on the review of applications.
1. To toll the time frame for incompleteness, the director shall provide written notice to the applicant within 30 days of receipt of the application, clearly and specifically delineating all missing documents and/or information required in the application.
2. The time frame for review begins running again when the applicant makes a supplemental submission in response to the city’s notice of incompleteness.
3. Following a supplemental submission, the director will notify the applicant within 10 days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in this subsection. Second or subsequent notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.
G. Determination That Application Is Not an Eligible Facilities Request. If the director determines that the applicant’s request does not qualify as an eligible facilities request, the director shall deny the application. 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.
H. Failure to Act. In the event the director fails to approve or deny an eligible facilities request within the time frame for review (accounting for any tolling), the request shall be deemed granted. The deemed grant of the eligible facilities request 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. 2072 § 2, 2023).