Chapter 23.62
WIRELESS COMMUNICATIONS FACILITIES
Sections:
23.62.030 Development standards for small cell facilities.
23.62.035 Design standards for small cell facilities.
23.62.040 Development standards for macrofacilities.
23.62.050 Development standards for monopoles and lattice towers.
23.62.060 Permitted zones for monopoles and lattice towers.
23.62.070 Special use permit criteria for monopoles and lattice towers.
23.62.080 Prohibited support structures.
23.62.110 Application review and approval of eligible facilities requests.
23.62.010 Purpose.
The wireless communications facilities chapter is to minimize the unsightly characteristics associated with wireless communications facilities and to provide for a wide range of locations and options for wireless communications providers and to encourage creative approaches in locating wireless communications facilities, which will blend in with the surroundings of such facilities.
Review of wireless communication facilities proposed by applicants shall be governed by the provisions of 47 USC 253 and 332 and other applicable statutes, regulations and case law. Applicants for wireless communication facilities 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. Wireless communication facility review under this chapter shall neither prohibit nor have the effect of prohibiting the ability of an applicant to provide telecommunications services. [Ord. 28-05 § 1.02; Ord. 44-15 § 1; Ord. 07-19 § 3].
23.62.020 Definitions.
For the purpose of this chapter, certain terms and words are defined as follows:
“Antenna” 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 Chapter I, Subchapter A, Part 15. Examples of antenna include, but are not limited to:
A. Omnidirectional Antenna. An omnidirectional antenna (also known as whip antenna) transmits and receives radio frequency signals in a 360-degree radial pattern. For the purpose of this chapter, an omnidirectional antenna is up to 15 feet in height and four inches in diameter.
B. Directional Antenna. A directional antenna (also known as panel antenna) transmits and receives radio frequency signals in a specific directional pattern of less than 360 degrees.
C. Parabolic Antenna. A parabolic antenna (also known as dish antenna) is a bowl-shaped device for the reception and/or transmission of radio frequency communications signals in a specific directional pattern.
D. Antenna Array. An antenna array is two or more devices used for the transmission or reception of radio frequency signals, microwave, or other signals for commercial communications purposes.
“Antenna equipment” or “equipment” 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, is mounted or installed at the same time as such antenna.
“Antenna mount” means any mounting device or bracket that is used to attach an antenna or antenna array to a monopole, lattice tower, building, or other structure.
“Attached wireless communications facility” is a wireless communications facility that is affixed to an existing structure.
“Base station” shall mean and refer to the 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 in this chapter or any equipment associated with a tower. Base station includes, without limitation:
A. Equipment associated with wireless communications services such as private, broadcast, and public safety 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 backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).
C. Any structure other than a tower that, at the time an eligible facilities request application is filed with the development services department under this chapter, supports or houses equipment described in subsections (A) and (B) of this definition, that has been reviewed and approved under the applicable zoning or siting process, or under another state, county or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
D. The term does not include any structure that, at the time a completed eligible facilities request application is filed with the development services department under this chapter, does not support or house equipment described in subsections (A), (B), and (C) of this definition.
“Co-location” means (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. Provided, that, for purposes of eligible facilities requests, “co-location” 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.
“Disrepair” as used in this chapter refers to a facility or structure which has become so damaged or deteriorated on account of age, the elements, wear and tear, or other cause, that it has become a threat to public safety or would constitute a public nuisance as defined in the RMC.
“Eligible facilities request” shall mean 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. Co-location or new transmission equipment;
B. Removal of transmission equipment; or
C. Replacement of transmission equipment.
“Eligible support structure” shall mean and refer to a tower or base station as defined in this chapter; provided, that it is existing at the time the eligible facilities request application is filed with the development services department under RMC 23.62.110.
“Equipment shelter or cabinet” is a room, cabinet, or building used to house equipment for utility or service providers.
“Existing” shall mean a constructed tower or base station that has been reviewed and approved under applicable city zoning or permitting processes, or reviewed and approved under other state, county or local regulatory review processes; 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 section.
“FCC” means Federal Communications Commission.
“Guyed tower” is a wireless communications support structure, which consists of metal crossed strips or bars and is steadied by wire guys in a radial pattern around the tower.
“Lattice tower” is a wireless communications support structure, which consists of metal crossed strips or bars to support antennas and related equipment.
“Light pole” means a pole used primarily for lighting streets, parking areas, parks or pedestrian paths.
“Macrofacility” is a large wireless communication facility that provides radio frequency coverage for a cellular telephone network. Generally, macro cell antennas are mounted on ground-based towers, rooftops and other existing structures at a height that provides a clear view over the surrounding buildings and terrain. Macro cell facilities typically contain antennas that are greater than three cubic feet per antenna, and typically cover large geographic areas with relatively high capacity and may be capable of hosting multiple wireless service providers.
“Monopole” means a vertical support structure consisting of a single vertical metal, concrete or wooden pole, typically round or square and driven into the ground or attached to a foundation.
“Related equipment” is all equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such reception may include, but is not limited to, cable, conduit, and connectors.
“RF” means radio frequency.
“Site” shall mean, 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.
“Small cell facility” has the same meaning as a “small wireless facility” defined in 47 CFR 1.6002.
“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 comingled with other types of services).
“Substantial change” shall mean a modification that substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:
A. For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10 percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10 percent or more than 10 feet, whichever is greater;
B. For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 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 rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10 percent larger in height or overall volume than any other ground cabinets associated with the structure;
D. It entails any excavation or deployment outside the current site;
E. It would defeat the concealment elements of the eligible support structure; or
F. It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in subsections (A) through (D) of this definition.
G. A determination of whether a proposed modification to an eligible support structure qualifies as a substantial change shall be based on the height and configuration of the eligible support structure at the time of the adoption of the ordinance codified in this chapter, which is August 18, 2015, regardless of any modifications that may have taken place to the eligible support structure after August 18, 2015.
“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. The term includes “guyed tower,” “lattice tower,” and “monopole” as defined in this section.
“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.
“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.
“Utility pole” shall mean a pole designated and used primarily for the support of electrical wires, telephone wires, or television cable.
“Wireless communications facility” is an unstaffed facility for the transmission and reception of low-power (under 500 watts) radio signals typically consisting of an equipment shelter or cabinet, a support structure, antennas (e.g., omnidirectional, panel/directional or parabolic), and related equipment.
“Wireless communications support structure” is the structure erected to support wireless communications antennas and connecting appurtenances. Support structure types include, but are not limited to, stanchions, monopoles, lattice towers, wood poles or guyed towers. [Ord. 28-05 § 1.02; Ord. 44-15 § 1; Ord. 07-19 § 3].
23.62.030 Development standards for small cell facilities.
A. Small cell facilities are permitted within the right-of-way in all zones provided they meet the requirements of this chapter and Chapter 28.14 RMC, and receive a small cell permit.
B. Small cell facilities are permitted outside of the right-of-way in all zones provided they meet the requirements of this chapter and receive a building permit.
C. Any application for a small cell permit that contains an element which is not exempt from review under SEPA (Chapter 22.09 RMC), Shoreline Management (RMC Title 26), or the Critical Areas Ordinance (Chapter 22.10 RMC) shall simultaneously apply under the applicable RMC.
D. The director or the public works director may promulgate through a director’s rule additional design standards and requirements for use of city-owned poles within the right-of-way.
E. The following zones are designated as design zones for the purpose of the application of the provisions of Chapter 28.14 RMC and this chapter:
1. CBD – Medical district;
2. CBD – Uptown district;
3. CBD – Parkway district.
F. Any applicant who desires to place a small cell facility in a design zone must first establish that the applicant cannot locate the small cell facility on an existing pole located within 500 feet from the proposed site and outside of the design zone. Applications for small cell facilities in a design zone may be approved if the applicant demonstrates that, due to technical infeasibility, the applicant cannot locate the proposed small cell facility on an existing or replacement pole within 500 feet of the proposed site and outside of the design zone.
G. Small cell facilities on (1) non-city-owned replacement poles that deviate from the design standards adopted in this chapter; or (2) on new poles, are only permitted upon receipt of a Type I permit and if they comply with the following requirements:
1. The applicant must establish that:
a. If proposing a new pole, the proposed small cell facility cannot be located on an existing utility pole, light pole, electrical transmission tower, or on a site outside of the public right-of-way such as a public park, public property, building, transmission tower, or in or on a nonresidential use in a residential zone whether by roof or panel-mount or separate structure;
b. The proposed small cell facility receives approval for a concealment element plan as described in subsection (G)(2) of this section;
c. The proposed small cell facility complies with all other applicable regulatory criteria, including but not limited to shoreline management, critical areas requirements and SEPA; and
d. The location of the small cell facility is physically possible, complies with applicable traffic warrants, the ADA and city construction and sidewalk clearance standards, all applicable city, state and federal laws and regulations, and does not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices) or adversely affect public health, safety or welfare.
2. The concealment element plan shall include the design of the screening, fencing or other concealment technology for a tower, pole or equipment structure, and all related transmission equipment or facilities associated with the proposed small cell facility, including but not limited to fiber and power connections.
a. The concealment element plan should seek to minimize the visual obtrusiveness of small cell facility installations. The proposed pole or structure should have similar designs to existing neighboring poles in the rights-of-way, including similar height to the extent technically feasible. If the proposed small cell facility is placed on a replacement pole in a design zone, then the replacement pole shall be of the same general design as the pole it is replacing, unless the city otherwise approves a variation due to aesthetic or safety concerns. Any concealment element plan for a small wireless facility on a decorative pole should attempt to mimic the design of such pole and integrate the small cell facility into the design of the decorative 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. Further, applicant designs should, to the extent technically feasible, comply with the generally applicable design standards adopted in this chapter.
b. If the development services department has already approved a concealment element plan either for the applicant or another small cell facility along the same public right-of-way or for the same pole type, then the applicant shall utilize a substantially similar concealment element plan, unless it can show that such concealment element plan is not physically or technologically feasible, or that such deployment would overwhelm the pole design.
3. If a new pole is permitted by the city, then the applicant must dedicate the new pole to the city.
H. Prior to the issuance of a permit to construct a new pole or ground-mounted equipment in the right-of-way, the applicant must obtain a site-specific agreement from the city to locate such new pole or ground-mounted equipment. This requirement also applies to replacement poles that are taller than the replaced pole, when the overall height of the replacement pole and the proposed small cell facility is more than 60 feet, unless the replacement pole is owned by the city and the applicant has a lease agreement with the city for usage of that pole.
I. Any decision by the director shall be final and not subject to administrative appeal. [Ord. 28-05 § 1.02; Ord. 44-15 § 1; Ord. 07-19 § 3].
23.62.035 Design standards for small cell facilities.
A. Small Cell Facilities Attached to Wooden Poles. Small cell facilities located on wooden utility poles shall conform to the following design criteria:
1. The utility pole at the proposed location may be replaced with a taller pole for the purpose of accommodating a small cell 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 such height extension is the minimum extension necessary to provide sufficient separation and/or clearance from electrical and wireline facilities. Replacement wooden utility poles may either match the approximate color and materials of the replaced pole, or shall be the standard new wooden utility pole used by the pole owner in the city.
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 such height extension is the minimum extension necessary to provide sufficient separation and/or clearance from electrical and wireline facilities. 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. A “pole extender” means an object affixed between the utility pole and the antenna for the purpose of increasing the height of the antenna above the pole.
3. 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 utility pole on which they are attached.
4. Panel antennas shall not be mounted more than 12 inches from the surface of the utility pole, unless an additional distance is required by the pole owner, and shall not exceed three cubic feet in volume.
5. A canister antenna may be mounted on top of an existing or replacement utility pole, which must not exceed the height requirements described in subsection (A)(1) of this section. A canister antenna mounted on the top of a utility pole shall not exceed the diameter of the pole by more than 12 inches or be 16 inches in diameter, whichever is greater, and shall be colored or painted to match the pole. The canister antenna must be placed to look as if it is an extension of the pole. In the alternative, the applicant may propose a side-mounted canister antenna, so long as the inside edge of the antenna is no more than 12 inches from the surface of the utility pole. All cables shall be concealed either within the canister antenna or within a sleeve between the antenna and the utility pole.
6. An omni-directional antenna may be mounted on the top of an existing or replacement utility pole, which may not exceed the height requirements described in subsection (A)(1) of this section, provided such antenna is no more than three cubic feet in volume 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.
7. All related equipment, including but not limited to ancillary equipment, radios, cables, associated shrouding, disconnect boxes, meters, microwaves, and conduit, which is mounted on utility poles shall not be mounted more than six inches from the surface of the pole, unless a further distance is required and confirmed in writing by the pole owner.
8. Equipment for small cell facilities must be attached to the utility pole, unless otherwise permitted to be ground-mounted pursuant to subsection (D)(1) 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; provided, that said multiple enclosures must 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.
9. An applicant who desires to enclose both its antennas and equipment within one enclosure may do so; provided, that such enclosure is the minimum size necessary for its intended purpose, and the enclosure and all other wireless equipment associated with the pole, including wireless equipment associated with the antenna and any preexisting associated equipment on the pole, do not exceed 28 cubic feet. To the extent possible, the unified enclosure shall be placed so as to appear as an integrated part of the pole or behind banners or signs. The unified enclosure may not be placed more than six inches from the surface of the pole, unless a further distance is required and confirmed in writing by the pole owner. The applicant is encouraged to place the unified enclosure behind any banners or road signs that may be on the pole.
10. The visual effect of the small cell facility on all other aspects of the appearance of the utility pole shall be minimized to the greatest extent possible.
11. The use of the utility pole for the site of a small cell facility shall be considered secondary to the primary function of the utility pole. If the primary function of a utility pole serving as the host site for a small cell facility becomes unnecessary, the utility pole shall not be retained for the sole purpose of accommodating the small cell facility, and the small cell facility and all associated equipment shall be removed at the applicant’s expense.
12. All cables and conduit 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 conduit shall be minimized to the number technically necessary to accommodate the small cell.
13. The diameter of a replacement pole shall comply with the city’s setback and sidewalk clearance requirements and shall not be more than a 25 percent increase of the existing utility pole measured at the base of the pole. Glulam poles are specifically prohibited.
B. Small Cell Facilities Attached to Non-Wooden Light Poles and Non-Wooden Utility Poles. Small cell facilities attached to existing or replacement light poles and non-wooden utility poles or poles within parking lots shall conform to the following design criteria:
1. Antennas and the associated equipment enclosures (including disconnect switches and other appurtenant devices), conduit and fiber shall be fully concealed within the pole, unless such concealment is otherwise technically infeasible, or is incompatible with the pole design, then the antennas and associated equipment enclosures must be camouflaged to appear as an integral part of the pole or flush-mounted to the pole, meaning no more than six inches off of the pole, and must be the minimum size necessary for the intended purpose, not to exceed the volumetric requirements described in subsection (A) of this section. If the equipment enclosure is permitted on the exterior of the pole, the applicant is required to place the equipment enclosure behind any banners or road signs that may be on the pole.
2. Any replacement pole shall substantially conform to the existing neighboring pole design standards utilized within the contiguous right-of-way.
3. The height of any replacement pole may not extend more than 10 feet above the height of the existing pole, unless such further height increase is required and confirmed in writing by the pole owner.
4. 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 base of the pole, and shall comply with the requirements in subsection (D)(1) of this section.
5. A canister antenna on top of an existing or replacement pole may not extend more than six feet above the height of the existing pole and the diameter may not exceed the diameter of the pole by more than 12 inches or be 16 inches in diameter, whichever is greater, unless the applicant can demonstrate that more space is technically or aesthetically needed.
6. The use of a non-wooden pole for the siting of a small cell facility shall be considered secondary to the primary function of the non-wooden pole. If the primary function of a non-wooden pole serving as the host site for a small cell facility becomes unnecessary, the non-wooden pole shall not be retained for the sole purpose of accommodating the small cell facility, and the small cell facility and all associated equipment shall be removed at the applicant’s expense.
C. Small Cell Facilities Attached to Existing Buildings. Small cell facilities attached to existing buildings shall conform to the following design criteria:
1. Small cell 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 conceal antennas may be used if they complement the architecture of the existing building.
4. Small cells 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 cell facilities shall be painted and textured to match the adjacent building surfaces.
7. The applicant must provide approval from the building owner, including consent that the small cell design meets the building owner’s design requirements.
D. General Requirements.
1. Ground-mounted equipment in the right-of-way is prohibited, unless such facilities are placed underground, or the applicant can demonstrate that pole-mounted equipment and undergrounding are technically infeasible. If ground-mounted equipment is necessary, then the applicant shall submit a concealment element design as described in RMC 23.62.030. Generators located in the right-of-way are prohibited.
2. Replacement poles and new poles shall comply with the Americans with Disabilities Act (ADA), city construction and sidewalk clearance standards, and city, 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 must 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 public health, safety or welfare.
3. Replacement poles shall be located as near as possible to the existing pole with the requirement to remove the abandoned pole.
4. Any replacement pole shall substantially conform to the design of the pole it is replacing or the neighboring pole design standards utilized in the contiguous right-of-way.
5. No signage, message, or identification other than the manufacturer’s identification is allowed to be portrayed on any antenna, and any such signage on equipment enclosures shall be of the minimum amount possible to achieve the intended purpose; provided, that signs are permitted as concealment techniques where appropriate.
6. Antennas and related equipment shall not be illuminated except as required by a federal or state authority, or unless approved as part of a light standard or consistent with RMC 23.62.030.
7. Side arm mounts for antennas or equipment must be the minimum extension necessary, but in any case no more than 12 inches off the pole for wooden poles, and no more than six inches off the pole for non-wooden poles.
8. Any small cell facility shall be removed by the facility owner or authorized agent within 90 days of the date it ceases to be operational or if the facility falls into disrepair.
9. Upon replacement of a pole upon which a small cell facility exists, the small cell facility owner must transfer its infrastructure to such new pole within 90 days of notice from the pole owner to transfer the small cell facility, or such extended period of time as approved by the pole owner.
10. The preferred location of a small cell facility on a pole is the location with the least visible impact.
11. Antennas, equipment enclosures, and ancillary equipment, conduit and cable shall not dominate the structure or pole upon which it is attached.
12. The city may consider the cumulative visual effects of small cells mounted on poles within the right-of-way in determining whether additional permits may be granted so as to not adversely affect the visual character of the city.
13. Except for locations in the right-of-way, small cell facilities are not permitted on any property containing a residential use in the residential zones.
14. Designs for small cell facilities located on existing or replacement city-owned poles may deviate from the design standards in this section, provided such deviations are approved as part of a lease agreement between the applicant and the city.
15. Small cell facilities may not be placed on traffic signal poles. [Ord. 07-19 § 3].
23.62.040 Development standards for macrofacilities.
A. Macrofacilities are permitted in all zones.
B. Macrofacilities shall not be allowed on buildings which are designated as solely residential, except for those structures that contain an excess of four dwelling units. Macrofacilities may be located on buildings and structures which contain mixed uses (e.g., residential and commercial or other uses located with residential uses); provided, that the interior wall or ceiling immediately adjacent to the facility is not designated residential space.
C. The shelter or cabinet, if necessary, used to house radio electronics equipment shall be concealed, camouflaged or underground.
D. Macrofacilities shall comply with the height limitations specified for all zones except as follows: Antennas may exceed the height limitation by 15 feet so long as they are affixed to the side of an existing building or mounted on the rooftop of the building and architecturally blend with the building. Structures which are nonconforming with respect to height may be used, provided they do not exceed 15 feet above the existing structure. Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure. [Ord. 28-05 § 1.02; Ord. 44-15 § 1; Ord. 07-19 § 3].
23.62.050 Development standards for monopoles and lattice towers.
A. All monopoles and lattice towers exceeding 60 feet in height shall be designed to accommodate two or more wireless communications facilities.
B. Macrofacilities are the largest wireless communications facilities allowed on a monopole or lattice tower. Antennas not exceeding 15 feet in height which extend above the wireless communications support structure shall not be calculated as part of the height of the wireless communications support structure.
C. On monopoles, antennas and antenna arrays together with any associated antenna mount shall be designed utilizing the narrowest dimensions possible, and in no instance shall they extend further, as measured horizontally, from the centerline of the monopole than a distance of 15 feet.
D. On lattice towers, antennas and antenna arrays together with any associated mounts shall extend no further, as measured horizontally, than 15 feet from the portion of the lattice tower to which the antennas are mounted.
E. Co-location on an existing support structure shall be permitted.
F. The shelter or cabinet, if necessary, used to house radio electronics equipment and the associated cabling connecting the equipment or cabinet to the monopole or lattice tower shall be concealed, camouflaged or underground.
G. When a monopole or lattice tower is adjacent to a suburban agricultural (SAG), single-family residential – 12,000 (R-1-12), single-family residential – 10,000 (R-1-10), medium-density residential (R-2), medium-density residential small lot (R-2S) or multiple-family residential (R-3) zoning district, the wireless communications support structure must be set back a distance equal to the height of the wireless communications support structure from the nearest residential lot line.
H. All monopoles and lattice towers shall be lighted and painted, if necessary, in accordance with Federal Aviation Administration regulations. [Ord. 28-05 § 1.02; Ord. 44-15 § 1; Ord. 07-19 § 3].
23.62.060 Permitted zones for monopoles and lattice towers.
A. Monopoles up to 80 feet in height are considered a permitted use in the general business (C-3), business research park (B-RP), medium industrial (I-M), and heavy manufacturing (M-2) zoning districts. Monopoles up to 80 feet in height may be permitted in the parks and public facilities (PPF), business commerce (B-C), central business district (CBD) and retail business (C-2) zoning districts subject to issuance of a special use permit as set forth in RMC 23.62.070.
B. Monopoles between 80 feet and 150 feet in height are considered a permitted use in the business research park (B-RP), medium industrial (I-M), and heavy manufacturing (M-2) zoning districts. Monopoles between 80 feet and 150 feet in height may be permitted in the parks and public facilities (PPF), general business (C-3) and business commerce (B-C) zoning districts subject to issuance of a special use permit as set forth in RMC 23.62.070.
C. Monopoles over 150 feet in height may be permitted in the business research park (B-RP), medium industrial (I-M) and heavy manufacturing (M-2) zoning districts subject to issuance of a special use permit as set forth in RMC 23.62.070.
D. Lattice towers up to 150 feet in height are considered a permitted use in the medium industrial (I-M) and heavy manufacturing (M-2) zoning districts.
E. Lattice towers over 150 feet in height may be permitted in the medium industrial (I-M) and heavy manufacturing (M-2) zoning districts subject to issuance of a special use permit as set forth in RMC 23.62.070. [Ord. 28-05 § 1.02; Ord. 32-11 § 18; Ord. 44-15 § 1; Ord. 07-19 § 3].
23.62.070 Special use permit criteria for monopoles and lattice towers.
Requests for special use permits shall be considered in accordance with the provisions of Chapter 23.46 RMC. In addition to the provisions of Chapter 23.46 RMC, the following specific criteria shall be met before a special use permit can be granted:
A. Visual Impact.
1. Antennas may not extend more than 15 feet above their supporting structure, monopole, lattice tower, building or other structure.
2. Site location and development shall preserve the preexisting character of the surrounding buildings, land uses, and zone district to the extent consistent with the function of the communications equipment. Wireless communications towers shall be integrated through location and design to blend in with the existing characteristics of the site to the extent practical. Existing on-site vegetation shall be preserved 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.
3. Accessory equipment facilities used to house or contain wireless communications equipment should be located within buildings when possible. When they cannot be located in buildings, equipment shelters or cabinets, they shall be screened and landscaped.
4. All monopoles and lattice type facilities shall be screened with trees, shrubs and landscaping planted in sufficient depth to form an effective and actual sight barrier within five years. Said landscaping shall have a minimum mature height of eight feet.
B. Noise. No equipment shall be operated so as to produce noise in levels above 45 dBa as measured from the nearest property line on which the attached wireless communications facility is located.
C. Availability of Suitable Existing Towers or Other Structures. Applications for a special use permit shall reasonably demonstrate that alternatives such as lower structures that are permitted without a special use permit or other existing support structures are not capable of accommodating the applicant’s needs. Evidence and information shall be submitted to establish the following:
1. Permitted shorter support structures are not of sufficient height to meet the applicant’s engineering requirements.
2. No existing support structures are located within the geographic area required to meet the applicant’s engineering requirements.
3. Existing support structures do not have sufficient structural strength to support the proposed antenna and related equipment.
4. The applicant’s antenna would cause electromagnetic interference with antennas on the existing support structures, or the antenna on the existing support structures would cause interference with the applicant’s proposed antenna.
5. The fees, costs, or contractual provisions required in order to share or adapt an existing support structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
6. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable. [Ord. 28-05 § 1.02; Ord. 44-15 § 1; Ord. 07-19 § 3].
23.62.080 Prohibited support structures.
Guyed towers are prohibited for use as a wireless communications facility support structure. [Ord. 28-05 § 1.02; Ord. 44-15 § 1; Ord. 07-19 § 3].
23.62.090 Exemption.
The following is exempt from the requirement of a special use permit, and shall be considered a permitted use in all zones where wireless and attached wireless communications facilities are permitted: modifications of existing wireless communications and attached wireless communications facilities in conformance with the requirements of an eligible facilities request as required in RMC 23.62.110. [Ord. 28-05 § 1.02; Ord. 44-15 § 1; Ord. 07-19 § 3].
23.62.100 Obsolescence.
A wireless communications facility or attached wireless communications facility shall be removed by the facility owner within six months of the date it ceased to be operational or if the facility falls into disrepair. [Ord. 28-05 § 1.02; Ord. 44-15 § 1; Ord. 07-19 § 3].
23.62.110 Application review and approval of eligible facilities requests.
A. Application. The development services department shall prepare and make publicly available an application form which shall be limited to the information necessary for the development services department to consider whether an application is an eligible facilities request. The application may not require the applicant to demonstrate a need or business case for the proposed modification.
B. Type of Review. Upon receipt of an application for an eligible facilities request pursuant to this section, the development services department shall review such application to determine whether the application so qualifies. The application must be accompanied by payment of a fee as provided in the city’s posted fee schedule.
C. Time Frame for Review. Within 60 days of the date on which an applicant submits an eligible facilities request seeking approval under this section, the development services department shall approve the application unless it determines that the application is not covered by this section.
D. Tolling of the Time Frame for Review. The 60-day review period begins to run when the application is filed with the development services department, and may be tolled only by mutual agreement by the development services department and the applicant, or in cases where the development services department determines that the application is incomplete. The time frame for review is not tolled by a moratorium on the review of applications.
1. To toll the time frame for incompleteness, the city must provide a written notice to the applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required in the application.
2. The time frame for review begins running again when the applicant makes a supplemental submission in response to the city’s notice of incompleteness.
3. Following a supplemental submission, the city 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 a second or subsequent notices pursuant to the procedures identified in this subsection (D). Second or subsequent notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.
E. Determination That an Application Is Not an Eligible Facilities Request. If the development services department determines the applicant’s request does not qualify as an eligible facilities request, the development services department shall deny the application. To the extent additional information is necessary, the development services department may request additional information from the applicant to evaluate the application under other provisions of this chapter and applicable law.
F. Failure to Act. In the event the city fails to approve or deny a request for an eligible facilities request within the time frame for review (accounting for any tolling), the request shall be deemed granted. The eligible facilities request does not become effective until the applicant notifies the development services department in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.
G. Remedies. Applicants and the city may bring claims related to Section 6409(a) of the Spectrum Act to any court of competent jurisdiction. [Ord. 44-15 § 1; Ord. 07-19 § 3; Ord. 63-19 § 7].