Chapter 15.480 Wireless Communication Facilities

The purpose of this chapter is to regulate the placement, construction and modification of wireless communication facilities, in order to protect the safety and welfare of the public in a manner that does not unreasonably interfere with the development of the competitive wireless communication marketplace in the City. Furthermore, the regulations in this chapter are intended to:

A. Minimize potential adverse visual, aesthetic, and safety impacts of all wireless communication facilities.

B. Establish objective standards for the placement of wireless communication facilities.

C. Ensure that such standards allow competition and do not unreasonably discriminate among providers of functionally equivalent services or have the effect of prohibiting wireless services.

D. Encourage the design of such wireless communication facilities to be aesthetically and architecturally compatible with the surrounding built and natural environments where feasible.

E. Encourage the collocation or attachment of wireless communication facilities on existing support structures to help minimize the total number and impact of such structures throughout the community. (Ord. 20-1026 § 3; Ord. 15-1018 § 1)

15.480.010 Authority and Application

A. Authority. The authority to administrate, review, and interpret the City’s deployment standards and procedures in this chapter rests with the applicable City department director or designee as follows:

1. Macro wireless facilities – Director of Community and Economic Development or designee.

2. Small wireless facilities – Director of Public Works or designee.

3. Eligible facilities requests – Director of Community and Economic Development or designee.

B. Applicability. The placement of any wireless communication facility in any location within the City is subject to the provisions of this chapter.

C. Permit Required. Any person who desires to place any wireless communication facility within the boundaries of the City must apply to the City for the appropriate wireless communication facility permit.

D. Lease Required. In addition to the requirement of obtaining the appropriate wireless communication facility permit, if all or a portion of the wireless communication facility will be located upon a City-owned structure, or upon non-right-of-way property, which is either City-owned or City-leased, the applicant shall be required to enter into a lease agreement with the City for the use of the City property.

E. Franchise Agreement Required. In addition to the requirement of obtaining the appropriate wireless communication facility permit, if all or a portion of the wireless communication facility will be located within the City’s right-of-way, the applicant shall be required to enter into a franchise agreement with the City for the use of the City’s right-of-way. (Ord. 20-1026 § 3; Ord. 15-1018 § 1)

15.480.015 Exemptions

The requirement to obtain a permit pursuant to this chapter does not apply to:

A. Routine maintenance or repair of wireless communication facilities and related equipment (excluding structural work or changes in height or dimensions of antennas, support structures or buildings); provided, that compliance with the standards of this code is maintained and a right-of-way use permit is obtained if the wireless communication facility is located in the right-of-way.

B. Satellite earth stations (satellite dishes) that are one (1) meter (39.37 inches) or less in diameter.

C. Television-receiving only antennas.

D. Temporary macro facilities for emergency communication equipment in anticipation of and during a declared public emergency or emergency exercise; or, when required to temporarily relocate facilities where the structure is being replaced or redeveloped, provided the relocation is not in the public right-of-way. Said equipment must comply with all Federal and State requirements.

E. Government-operated wireless communication devices for public safety radio systems, ham radio and business radio systems.

F. Wireless communication facilities which legally existed or for which an application was approved on or prior to the effective date of the ordinance codified in this chapter; except, that this exemption does not apply to modifications of such facilities. (Ord. 20-1026 § 3; Ord. 15-1018 § 1)

15.480.020 Definitions

In addition to the land use definitions in Chapter 15.105 SMC, the following definitions apply to this chapter; for any term defined in this section that is also defined in SMC Title 15, the definition in this section shall control. Words not defined herein shall be given the meaning set forth in the Code of Federal Regulations. Words not otherwise defined shall have their common and ordinary meaning.

Abandonment

Intentional discontinuation of electrical service to a wireless communication facility for sixty (60) or more days.

Accessory Building

A building used exclusively or primarily to contain and conceal radio or other equipment necessary for the transmission or reception of wireless communication signals.

Ancillary Structures

Any form of development associated with a wireless communication facility, including but not limited to: foundations, concrete slabs on grade, guy anchors, generators, and transmission cable supports; however, specifically excluding equipment cabinets, and enclosures.

Antenna

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.

Antenna Array

One (1) or more antennas and their associated mounting hardware, feed lines, or other appurtenances, such as a platform, which share a common attachment device, such as a mounting frame, or mounting support structure.

Antenna Equipment

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.

Certain Rights-of-Way

Non-arterial rights-of-way unless otherwise approved by the Public Works Director. See SMC 15.480.080(F)(4) regarding requirements for placement of macro facilities in rights-of-way.

Collocation

A. Mounting or installing an antenna facility on a preexisting structure, and/or

B. Modifying a structure for the purpose of mounting or installing an antenna facility on that structure.

Director

The applicable City department director authorized by SMC 15.480.010(A).

E-911 Enhanced

A Federally mandated upgrade to a wireless communication facility or handheld device that enables an emergency call center to track the approximate location of a wireless caller dialing 911.

Equipment Compound

An outdoor fenced area occupied by all the equipment associated with a wireless communication facility, including structure(s), equipment shelters, equipment cabinets or pedestals, feed lines, generators, and ancillary structures, but excluding parking and access ways.

Equipment Enclosure

Any structure including: cabinets, shelters, pedestals, shrouds, and other similar structures used exclusively to contain radio or other equipment necessary for the transmission and/or reception of wireless communication signals.

FAA

The Federal Aviation Administration.

FCC or Federal Communications Commission

The Federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level.

Feed Lines

Cables used as the interconnecting media between the transmission/receiving base station and the antenna.

Flush-Mounted

Any antenna or antenna array attached directly to the face of the support structure or building such that no portion of the antenna extends above the height of the support structure or building. Where a maximum flush mounting distance is given that distance shall be measured from the outside edge of the support structure or building to the inside edge of the antenna.

Geographic Search Area

An area designated by a service provider or operator for a macro facility, produced in accordance with generally accepted principles of radio frequency wireless engineering.

Height

The height of any wireless communication facility is determined based on the combined measurement of the antenna(s) and structure. Antenna(s) mounted on an existing structure(s) shall be measured in addition to the height of the existing structure. The combined height shall be subject to the height limitations specified in this chapter, and/or applicable regulations under the Federal Aviation Administration. A mounted nest excluder used to discourage birds from nesting on a wireless communication facility will not be included when calculating the maximum height of any antennas or structures under this chapter.

Lattice Tower

A tapered style of structure that consists of vertical and horizontal supports with multiple legs and cross-bracing and metal crossed strips or bars to support antennas.

Light Pole

A pole used primarily for lighting streets, parking areas, parks or pedestrian paths.

Macro Facility

A large wireless communication facility that is not a small wireless facility and provides radio frequency coverage or capacity for a service provider network. Generally, macro facility antennas are mounted on ground-based towers, rooftops, and other existing structures, at a height that provides a clear view over the surrounding buildings and terrain. Macro facilities typically cover large geographic areas with relatively high capacity and may be capable of hosting multiple service providers.

Macro Facility, Attached

An antenna or antenna array that is secured to an existing building or structure with any accompanying pole or device attached to the building or structure, feed lines, and equipment. It may be located either on the inside or outside of the existing building or structure. An attached macro facility is considered to be an accessory use to the existing principal or structure use on a site.

Macro Facility, Concealed Attached

An attached macro facility, ancillary structure, or macro facility equipment compound designed to be obscured and aesthetically compatible with existing and proposed buildings on a site. A concealed attached facility includes, but is not limited to, flush-mounted antenna and feed lines painted to match the color of a building or structure, faux windows, dormers or other architectural features that blend with an existing or proposed building or structure.

Macro Facility, Concealed Freestanding

A macro facility, ancillary structure, or macro facility equipment compound that is not readily identifiable as such, and is designed to be aesthetically compatible with existing and proposed uses on a site. A concealed facility may have a secondary function, including, but not limited to, the following: church steeple, windmill, bell tower, clock tower, cupola, light standard, flagpole with a flag, or tree.

Macro Facility, Nonconcealed Attached

A nonconcealed attached macro facility is one that is readily identifiable, such as a pole with a mounting platform containing panel antennas, attached to a roof and/or rising above the roofline of a building.

Macro Facility, Nonconcealed Freestanding

A freestanding macro facility, ancillary structure, or macro facility equipment compound that is readily identifiable, such as a monopole or lattice tower.

Maintenance and Repair

Repair or routine maintenance of antennas, equipment and/or feed lines, provided the model, type, mechanical and electrical specifications, size and number remain the same, and excludes structural work or changes in height or dimensions of support structures or buildings.

Microwave

Electromagnetic waves with a frequency of eight hundred ninety (890) megahertz (MHz) or greater intended for point-to-point communications.

Mitigation

A modification to replace or remove one (1) or several nonconforming structure(s) located in close proximity to a proposed new structure, or to replace or remove one (1) or several nonconforming building-mounted antennas in close proximity of a proposed new building-mounted antenna, in order to encourage compliance with this chapter, improve aesthetics or functionality of the overall wireless network.

Monopole

A style of freestanding structure that is composed of a single shaft usually composed of two (2) or more hollow sections that are in turn attached to a foundation. This type of facility is designed to support itself without the use of guy wires or other stabilization devices. These facilities are mounted to a foundation that rests on or in the ground.

Overhead Facilities

Utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities.

Pedestrian or Higher Elevation Views

Views from higher physical grade, or buildings, into equipment installations that are screened by fencing, including views from residential and commercial building windows and decks.

Personal Wireless Services

Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.

Platform

A mounting structure to which one (1) or more antennas, sufficient to serve the needs of one (1) or more wireless service provider’s installation(s), are attached, and which is affixed to a structure.

Public Safety Communications Equipment

All communications equipment utilized by the City for the purpose of operation in the interest of the safety of the citizens of SeaTac and operating within the frequency range of eight hundred six (806) MHz and one thousand (1,000) MHz and future spectrum allocations at the direction of the FCC.

Radio Frequency (RF) Emissions

Any electromagnetic radiation or other communications signal emitted from an antenna or antenna-related equipment on the ground, structure, building, or other vertical projection.

Satellite Earth Station (Satellite Dish)

A single or group of satellite parabolic (or dish) antennas. These dishes are mounted to a supporting device that may be a pole or truss assembly attached to a foundation in the ground, or in some other configuration. A satellite earth station may include the associated separate equipment shelters necessary for the transmission or reception of wireless communication signals with satellites. Satellite earth stations of one (1) meter or less are used primarily for the purposes of home entertainment and personal data systems.

Service Provider

Defined consistent with RCW 35.99.010(6). Service provider shall include those infrastructure companies that provide telecommunications services or equipment to enable the deployment of personal wireless services.

Small Wireless Facility

A small wireless facility has the same meaning as defined in 47 CFR 1.6002, or as amended, and such facilities meet the following conditions:

A. The facilities:

1. Are mounted on structures fifty (50) feet or less in height including their antennas, or

2. Are mounted on structures no more than ten percent (10%) taller than other adjacent structures, or

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

B. Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three (3) cubic feet in volume;

C. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than twenty-eight (28) cubic feet in volume;

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

E. The facilities are not located on tribal lands; and

F. The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards.

Structure

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).

Telecommunications Facilities

The plant, equipment, and property including, but not limited to, antennas, cables, wires, conduits, ducts, pedestals, electronics, and other appurtenances used or to be used to transmit, receive, distribute, provide, or offer wireline or wireless communication service.

Telecommunications Service

The transmission of information by wire, radio, optical cable, electromagnetic, or other similar means for hire, sale, or resale to the general public. For the purpose of this subsection, “information” means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols. For the purpose of this chapter, telecommunications service excludes the over-the-air transmission of broadcast television or broadcast radio signals.

Temporary Wireless Communication Facility (Temporary WCF)

A wireless communication facility which is to be placed and used for a limited period of time and does not have a permanent foundation.

Tower

A freestanding structure designed solely or primarily to support an antenna(s) or antenna platform(s).

Traffic Signal Poles

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

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

Unified Enclosure

A small wireless facility providing concealment of antennas and equipment within a single enclosure.

Utility Pole

A structure designed and used primarily for the support of electrical wires, telephone wires, television cable, traffic signals, or lighting for streets, parking areas, or pedestrian paths.

Wireless Communications Facility

A facility used for personal wireless services.

Wireline

Services provided using a physically tangible means of transmission, including without limitation wire or cable, and the apparatus used for such transmission.

Zones, High Intensity

Zones that typically involve commercial or industrial rather than residential uses. Such zones are limited to Community Business (CB and CB-C), Industrial (I), Regional Business Mix (RBX), Office/Commercial Medium (O/CM), Aviation Commercial (AVC) and Aviation Operations (AVO).

Zones, Low Intensity

Zones that typically include or are adjacent to residential uses, including the Urban Low (UL), Urban Medium (UM), Urban High (UH), Townhouse (T), Office/Commercial Mixed Use (O/C/MU), Neighborhood Business (NB), Mobile Home Park (MHP), and Park (P) Zones. (Ord. 20-1026 § 3; Ord. 17-1023 § 1; Ord. 15-1018 § 1)

15.480.025 General Provisions

A. Wireless communication facilities are not “essential public facilities,” as defined in SMC 15.105.050.

B. Wireless communication facilities located outside of the public rights-of-way may be either a primary or secondary use. A different use of an existing structure on the same lot shall not preclude the installation of a wireless communication facility.

C. Macro facilities, as defined in SMC 15.480.020, are regulated by Article II of this chapter.

D. Small wireless facilities, as defined in SMC 15.480.020, are permitted uses in all zones and are regulated by Article III of this chapter. Any small wireless facilities located within the public rights-of-way are permitted pursuant to a valid franchise agreement and a small wireless facility permit.

E. Eligible facilities requests, as defined in SMC 15.480.180, are regulated by Article IV of this chapter.

F. Wireless communication facilities may require additional building, electrical, or other construction permits not regulated by this chapter. (Ord. 20-1026 § 3)

Article II. Macro Wireless Facilities

15.480.030 Review and Approval Process for Macro Facilities

A. Preapplication Meeting. Applicants are encouraged to schedule a preapplication meeting with the City prior to applying for a macro facilities permit.

B. Permits Required. As part of the submittal of the appropriate application below, applicants shall submit the items included on the appropriate macro facilities checklist as outlined in SMC 15.480.100.

1. Building/Electrical Permits. A building and/or electrical permit is required for all macro facilities.

2. Minor Conditional Use Permits (Minor CUP). A minor conditional use permit is required for the following as outlined in subsections (C) and (D) of this section: new freestanding concealed macro facility structures in low intensity zones, provided such facility is allowed per subsection (D) of this section.

3. Variance. A variance from the standards regarding height, setbacks, aesthetics (including concealment), equipment enclosures and the dimensions of macro facility freestanding poles specified in Article II of this chapter may be granted only pursuant to the criteria set forth in SMC 15.115.010(D). A variance from the standards regarding landscaping and fencing specified in this chapter may be granted, subject to the criteria and process set forth in SMC 15.115.010(B).

4. Other Permits. In addition to the permits listed above and in the table in subsection (C) of this section, other permits may be required, including but not limited to grading and right-of-way permits. Additionally, any provider locating within the City right-of-way will be required to have a valid franchise agreement on file with the City. Facilities locating on City property will require a lease agreement.

5. Independent Review. The City may have an independent radio frequency engineer or other qualified consultant review all materials submitted to the City. Macro facility review by the independent radio frequency engineer is subject to the following:

a. The reasonable cost for independent review is at the expense of the applicant.

b. The reviewer may request from the applicant information in addition to that listed in the submittal requirements if the reviewer finds that such information is necessary for a complete review of the application.

c. The approving authority may require changes to the applicant’s application or submittals based on the results of the independent review.

d. The independent review may address any or all of the following:

i. The accuracy and completeness of the application and accompanying documentation.

ii. The applicability of analysis techniques and methodologies.

iii. The validity of conclusions reached.

iv. Whether the proposed macro facility complies with the applicable approval criteria set forth in this chapter and any other applicable City codes.

v. Whether the proposed macro facility complies with applicable State and Federal guidelines.

vi. Other items deemed by the City to be relevant to determining whether a proposed macro facility complies with the provisions of this chapter and any other applicable City codes.

C. The following table summarizes the types of macro facilities that are permitted in each zone subject to the siting hierarchy in SMC 15.480.040 and the type of permits required:

	Concealed Attached Macro Facility	Collocation on Existing Freestanding Macro Facility	New Concealed Freestanding Macro Facility	Mitigation of Existing Macro Facility
Low Intensity Zones1
UL	Building/Electrical	Building/Electrical	Minor CUP and Building/Electrical	Building/Electrical
UM	Building/Electrical	Building/Electrical	Minor CUP and Building/Electrical	Building/Electrical
UH	Building/Electrical	Building/Electrical	Minor CUP and Building/Electrical	Building/Electrical
MHP	Building/Electrical	Building/Electrical	Minor CUP and Building/Electrical	Building/Electrical
T	Building/Electrical	Building/Electrical	Minor CUP and Building/Electrical	Building/Electrical
P	Building/Electrical	Building/Electrical	Minor CUP and Building/Electrical	Building/Electrical
O/C/MU	Building/Electrical	Building/Electrical	Minor CUP and Building/Electrical	Building/Electrical
NB	Building/Electrical	Building/Electrical	Minor CUP and Building/Electrical	Building/Electrical
High Intensity Zones
I	Building/Electrical	Building/Electrical	Building/Electrical	Building/Electrical
RBX	Building/Electrical	Building/Electrical	Building/Electrical	Building/Electrical
CB	Building/Electrical	Building/Electrical	Building/Electrical	Building/Electrical
CB-C	Building/Electrical	Building/Electrical	Building/Electrical	Building/Electrical
O/CM	Building/Electrical	Building/Electrical	Building/Electrical	Building/Electrical

1. See subsection (D) of this section for restrictions on residentially zoned property that is vacant or contains a residential use.

D. In residential zones, new concealed freestanding macro facility structures shall only be permitted on lots whose principal use is not single-family residential, including, but not limited to: schools, churches, water towers, fire stations, parks, and other public property. The following table summarizes the types of macro facility and macro facility equipment that can be located on residentially zoned properties containing various uses:

Use within a Residential Zone	Concealed Attached Macro Facility	Concealed Freestanding Macro Facility	Equipment Enclosure
Single-Family Residence	No	No	Conditional*
Multi-Family Residences	Yes	No	Yes
Vacant	No	Conditional**	Conditional**
Water tower, church, school, park, or other nonresidential use	Yes	Conditional	Yes/Conditional***

* For concealed equipment associated with a macro facility in a right-of-way, where no other option for placement of the equipment is feasible or appropriate, the minor CUP process may consider whether an equipment enclosure is compatible with the existing and adjacent uses and the character of the area based on concealed equipment design, proximity to other residential uses, and existence of mature landscaping and/or topography. If approved, equipment shall be limited to one (1) three hundred sixty (360) foot enclosure on a single-family lot.

** On vacant residential property, the minor CUP process may consider whether the concealed facility’s design, proximity to other residential uses, and existence of mature landscaping and/or topography would allow for a freestanding macro facility that is compatible with adjacent uses and the character of the area.

*** Based on the process for the macro facility.

(Ord. 20-1026 § 3; Ord. 17-1023 § 1; Ord. 15-1018 § 1)

15.480.040 Siting Hierarchy

A. Siting of a macro facility shall be in accordance with the following order of ranking preference, with the exception of mitigation of an existing nonconcealed macro facility, which shall be in accordance with subsection (C) of this section:

1. A concealed attached macro facility.

2. Collocation.

3. Concealed freestanding macro facility.

4. Concealed freestanding macro facility in certain rights-of-way.

B. If a lower ranking alternative is proposed, the applicant must file information as provided in SMC 15.480.100(A)(2)(f) and (g). Information may include, but is not limited to, an affidavit by a radio frequency engineer or other qualified representative demonstrating that despite diligent efforts to adhere to the established hierarchy within the geographic search area, higher ranking options are not technically feasible or justified given the location of the proposed wireless communication facility.

C. An exception to the hierarchy shall occur in those cases where mitigation of an existing nonconcealed macro facility would occur. Mitigation (replacement of an existing nonconcealed facility with a concealed facility in full compliance with the current code) is encouraged by the City to reduce the visual impact of existing nonconcealed facilities and is subject to the following benefits:

1. Expedited permit review;

2. Waiver of all planning, building and electrical permit fees except for independent review fees, if applicable;

3. Height bonus per SMC 15.480.070. (Ord. 20-1026 § 3; Ord. 15-1018 § 1)

15.480.050 Attached Concealed Macro Facilities – Specific Development Standards

A. Height. The height of an attached concealed macro facility shall not exceed twenty (20) feet above the existing building or water tower. The additional height shall not exceed applicable FAA limitations.

B. Antenna Aesthetics. If the antenna is attaching onto the wall, rooftop or other side of an existing building or structure, the antenna shall be flush-mounted, encased, and designed to match the principal structure or building on which it is affixing. The antenna shall not extend more than fifteen (15) inches from the side of the building to which it is affixing, measured from the outside of the building wall to the inside or backing of the antenna.

If the antenna cannot be flush-mounted to the existing building or water tower, then a faux parapet, elevator shaft, chimney or other similar architectural feature may be designed and constructed for the purposes of attaching and/or concealing the antenna to the existing structure or building. Faux designs shall match and blend with the color, texture and architectural features of the existing structure or building.

C. Feed Lines. Feed lines shall not be seen from pedestrian or higher elevation views. Feed lines shall be contained within a principal building or encased and the encasement painted to blend and match the design, color, and texture of the facade, roof, wall or structure to which they are affixing. Feed lines may be painted rather than encased and painted if the Director determines that the visual impact is lessened through this method. Unless they are located inside an enclosed compound, feed lines between the base of a tower or building and the ground equipment shall be located underground. (Ord. 20-1026 § 3; Ord. 15-1018 § 1)

15.480.060 Collocated Macro Facilities – Specific Development Standards, if Not an Eligible Facilities Request

A. Collocation on an Existing Concealed Freestanding Macro Facility.

1. Height. The height of macro facilities collocating on existing concealed structures shall not exceed a maximum height of sixty (60) feet in a low intensity zone and eighty (80) feet in a high intensity zone; and shall not exceed applicable FAA height limitations.

2. Antenna Aesthetics. Antenna shall match the overall design of the approved concealed freestanding macro facility.

3. Equipment Enclosures. Equipment enclosures are subject to the development standards of SMC 15.480.090.

4. Feed Lines. Feed lines shall be installed inside the concealed structure and shall not be visible.

5. Intensity. The number of concealed antenna arrays on a concealed freestanding macro facility shall not be limited; provided, that the increased number of antenna and/or equipment enclosures meet the following criteria:

a. The increased number of antennas and/or equipment enclosures does not lessen the ability of the site to meet the requirements for concealment and screening;

b. The site is sized and located so that the increased number of antennas and/or equipment enclosures does not negatively impact adjacent properties in any of the following manners:

i. Removal of existing mature landscaping necessary to screen the site;

ii. Exceeding the site’s capacity to combine and coordinate equipment compounds in an orderly manner; or

iii. Creating a number of accessory buildings, or size of accessory building, on a site, either of which would be unusual and visually intrusive to the character of a neighborhood or area.

B. Collocation on an Existing Nonconcealed Freestanding Macro Facility.

1. Height. Antennas shall not exceed the height of the structure on which it is affixing.

2. Antenna Aesthetics. New antenna installations shall be flush-mounted onto existing macro facility.

3. Setbacks. Equipment enclosures and all ancillary equipment are required to meet the setbacks of the underlying zoning district.

4. Landscaping. Landscaping shall be brought into compliance with the standards described in SMC 15.480.090(G).

5. Feed Lines. Feed lines shall be concealed to the greatest extent feasible.

6. Intensity.

a. In High Intensity Zones. The maximum number of platforms shall be four (4).

b. In Low Intensity Zones. The maximum number of platforms shall be two (2), except where the Director determines that a lower number is needed to protect the character of the existing neighborhood. (Ord. 20-1026 § 3; Ord. 15-1018 § 1)

15.480.070 Macro Facility Mitigation – Specific Development Standards

A. Height. The height for a macro facility approved for mitigation may exceed the height of the tallest freestanding macro facility that is being mitigated by a maximum of twenty (20) feet and may exceed the height of the tallest attached macro facility that is being mitigated by a maximum of ten (10) feet.

B. Aesthetics. Mitigated facilities shall meet all code requirements for the type of facility being mitigated.

C. Equipment Compounds. The existing equipment compound shall be brought into compliance with standards described in SMC 15.480.090(B).

D. Equipment Enclosures. All existing equipment shelters shall be brought into compliance with standards described in SMC 15.480.090(A) and (B).

E. Screening. Landscaping and fencing shall be brought into compliance with the standards of SMC 15.480.090(F) and (G).

F. Feed Lines. Feed lines shall be installed inside the concealed structure and shall not be visible.

G. Incentives. Mitigation is subject to the incentives listed in SMC 15.480.040. (Ord. 20-1026 § 3; Ord. 15-1018 § 1)

15.480.080 New Concealed Freestanding Macro Facilities – Specific Development Standards

A. Height.

1. Low Intensity Zones. The maximum height shall be sixty (60) feet, including foundations, but excluding lightning rods or lighting as required by the FAA.

2. High Intensity Zones. The maximum height shall be eighty (80) feet, including foundations, but excluding lightning rods or lighting as required by the FAA.

B. Aesthetics. Any new freestanding macro facility must be a concealed freestanding macro facility as defined in SMC 15.480.020 and shall be configured, located and designed to complement or match adjacent structures and landscapes with specific design considerations such as architectural designs, height, scale, color, and texture. The concealment design shall minimize visual impact through quality of materials and close resemblance to: (1) adjacent landscaping, (2) a feature that is commonly associated with the primary use of the property, or (3) a pedestrian amenity appropriate to the area, such as a light pole, clock tower, fountain or water feature. Up to three (3) design concepts may be required to be submitted for consideration, with the final design being determined by the Director based on positive visual impact and appropriateness to the context of the site.

C. Setback.

1. Equipment enclosures and all ancillary equipment are required to meet the setbacks of the underlying zoning district.

2. Within the Urban Center, new support structures shall be located as far to the rear of the site as the setbacks will allow, to preserve as much of the site as possible for future development.

3. On properties fronting Angle Lake, or containing other amenities, new support structures shall be located to preserve open space, views, and future site development potential.

4. Setback departures may be allowed by the Director for pedestrian amenities whose placement closer to the property line provides a public benefit.

D. Feed Lines. Feed lines shall be installed inside the concealed structure and shall not be visible.

E. Intensity. The number of antennas on a new concealed freestanding macro facility shall not be limited; provided, that the following criteria are met:

1. The increased number of antennas and/or equipment enclosures does not lessen the ability of the site to meet the requirements for concealment and screening;

2. The site is sized and located so that the increased number of antennas and/or equipment enclosures does not negatively impact adjacent properties in any of the following manners:

a. Removal of existing mature landscaping necessary to screen the site;

b. Exceeding the site’s capacity to combine and coordinate equipment compounds in an orderly manner;

c. Creating a number of accessory buildings or a size of accessory building on a site, either of which would be unusual and visually intrusive to the character of a neighborhood or area.

F. In Rights-of-Way.

1. Concealed, freestanding macro facilities are permitted in rights-of-way only if technically infeasible outside of the right-of-way. No utility wires may be attached to the outside of the structure.

2. Height. The maximum height of concealed, freestanding macro facilities in rights-of-way is the minimum necessary for technical feasibility, provided the height does not interfere with the use of the right-of-way for utility and transportation purposes.

3. Dimensions. Concealed freestanding macro facilities in rights-of-way must be tapered and shall measure no more than twenty-six (26) inches in diameter at the base and shall taper to no more than eighteen (18) inches in diameter at the top of the pole.

4. Intensity and Location.

a. The number of antennas located on a freestanding macro facility in the right-of-way shall be limited to two (2), unless it can be shown that the criteria in subsection (E) of this section are met.

b. Where feasible, freestanding macro facilities in the right-of-way shall be located at property line extensions rather than in front of a residential or retail commercial structure.

c. Freestanding macro facilities in the right-of-way shall be separated by a minimum of one hundred (100) feet and sited so that no more than one (1) such structure is located adjacent to any one (1) single-family property.

d. Freestanding macro facilities shall only be located in right-of-way areas approved by the Public Works Department based on case-by-case review of a site in relation to existing and proposed utilities, road width, and safety considerations. Generally, a freestanding macro facility shall not be allowed on an arterial street where utilities have been placed underground or are anticipated to be placed underground.

G. Pedestrian Amenity. Freestanding macro facilities that incorporate a pedestrian amenity appropriate to the area, such as a bus shelter, street furniture, pedestrian street lighting, clock tower, fountain or water feature, are encouraged. Design for such macro facility in a right-of-way must meet the approval of the Director and the Director of Public Works. Such macro facilities with pedestrian amenities shall be subject to the following benefits:

1. Expedited review; and

2. Refund of planning and building permit fees upon design approval, except for independent review fees, if applicable. (Ord. 20-1026 § 3; Ord. 15-1018 § 1)

15.480.090 General Development Standards for All Macro Facilities

All macro facilities shall be subject to the following:

A. Equipment Enclosures.

1. Each service provider shall be limited to an equipment enclosure installation not to exceed three hundred sixty (360) square feet in area at each macro facility site.

2. All new equipment enclosures shall be part of an equipment compound as provided for in subsection (B) of this section.

a. The design shall coordinate the placement of the equipment enclosures so that enclosures are contiguous or otherwise organized to minimize aesthetic impacts to the property.

b. If a site is being designed for multiple known providers, one (1) accessory building with multiple compartments to serve the total number of collocation tenants and their designated equipment or equipment enclosures may be required by the City.

3. Equipment enclosures shall be concealed from pedestrian or higher elevation views through one (1) of the following methods. The approved method shall offer the most appropriate concealment of the equipment or equipment enclosure for the site as determined by the Director.

a. For attached macro facilities:

i. Located within the principal building on the site; or

ii. Located behind a wall, parapet, louvers or other concealment materials meeting the intent of concealing the equipment or equipment enclosure on the rooftop or ground from pedestrian and higher elevation views.

b. For freestanding macro facilities:

i. Located underground or below grade, with the access to the site concealed in one (1) of the following manners:

(A) The access is no more than eighteen (18) inches above grade; or

(B) The access is concealed by landscaping, grade, placement out of view, or by treatment as a pedestrian amenity; or

ii. Enclosed within an accessory building compatible with the architectural features of the principal building or structure, such as building materials, roof pitch, and siding color and texture. This option shall be required in low intensity zones, unless another option contained in this section is approved as an alternative by the Director if the equipment is not visible from pedestrian or high-elevation views. The accessory building may have a secondary function ancillary to the principal building or structure of the concealed macro facility that it serves; or

iii. Surrounded by an opaque fence constructed of cedar or other high-quality fencing material meeting the criteria of subsection (F) of this section as approved by the Director.

4. In Rights-of-Way. When a macro facility is located in the right-of-way, equipment enclosures shall be located underground, below grade or on adjacent property, per the standards of subsection (A)(3) of this section, unless an exemption is granted as described below. The approved method shall offer the best concealment of the equipment enclosure for the site as determined by the Director.

The Director and the Director of Public Works may approve an above-ground equipment enclosure if the total installation comprises less than six (6) cubic feet and if the installation is more appropriate than an underground facility due to existing vegetation, the location of existing infrastructure, construction impacts, or other similar factors. In all cases, an above-ground equipment enclosure shall be mounted to the ground, not mounted or attached to a pedestal, and the cumulative size of all equipment shall not exceed six (6) cubic feet.

B. Equipment Compound.

1. All compounds shall be screened from pedestrian or higher elevation view, as determined by the Director, by utilizing a matching design of opaque screening, such as cedar or other approved high-quality fencing material per subsection (F) of this section, through topography, through planting of new landscaping, and/or through retention of existing mature landscaping. All fencing shall be located inside of any required landscaping.

2. The macro facility equipment compound shall not be used for the storage of any excess equipment or hazardous waste (i.e., discarded batteries), nor be used as habitable space. No outdoor storage yards shall be allowed in a macro facility equipment compound.

C. Addition or Upgrade of Equipment on a Legal Nonconforming Site, if Not an Eligible Facilities Request.

1. Freestanding Macro Facility.

a. Existing Antennas and/or Feed Lines. Upgrades of existing antennas and feed lines on a legal nonconforming freestanding macro facility are allowed, as long as the number, approximate size, and visual impact of antennas and feed lines are not increased.

Addition or expansion of equipment cabinets or enclosures shall be allowed only if the service provider’s existing and proposed equipment enclosure/compound meets the standards for screening in this code.

b. New Antennas and/or Feed Lines. Addition of new antennas and feed lines on a legal nonconforming freestanding macro facility is allowed on existing platforms as follows:

i. Permitted. Antennas vested under a valid permit are allowed to be installed per that permit’s approval and conditions.

ii. Interim Permit with Agreement for Future Upgrade. Antennas that exceed the number on the existing platform, but do not exceed the capacity of the existing platform, shall be allowed to be added on an interim basis; provided, that:

(A) An agreement is signed by the provider to upgrade the freestanding facility to a concealed facility meeting the full requirements of this code within three (3) years;

(B) The size of the antennas and feed lines is comparable to those on the existing platform.

Where an agreement has been signed to upgrade to a concealed facility within three (3) years, equipment may be upgraded and/or added within a compound without the requirement for new landscaping. Opaque fencing may be required.

2. Attached Macro Facility.

a. Within the Urban Center – Existing or New Antennas and/or Feed Lines. Upgrades to antennas and feed lines for existing nonconcealed antennas within the Urban Center shall be required to meet the full standards of this code.

Addition or expansion of equipment cabinets or enclosures shall be allowed, only if the service provider’s new and existing equipment meet the standards for screening in this code.

b. Outside the Urban Center – Existing Antennas and/or Feed Lines. Upgrades of existing nonconcealed antennas outside the Urban Center shall be allowed, as long as the number, approximate size, and visual impact of antennas and feed lines are not increased.

Addition or expansion of equipment cabinets or enclosures is allowed only if the service provider’s existing and proposed equipment enclosure/compound meets the standards for screening in this code.

c. Outside the Urban Center – New Antennas and/or Feed Lines. Addition of new antennas on nonconcealed arrays outside the Urban Center shall be subject to the standards of subsection (C)(1)(b) of this section.

3. Addition of Generators to Sites. Addition of generators to existing legal nonconforming sites shall be allowed within a compound; provided, that all equipment screening and landscaping standards contained in this chapter are met.

4. Addition of E-911 Enhancement Equipment to Site. Addition of E-911 enhancement equipment shall be allowed on legal nonconforming sites providing that attachments on support structures or additions to ground equipment shall meet all City standards for concealment and screening.

D. Signage. The only signage that is permitted upon a structure, equipment enclosure, shelter, or fence (if applicable) shall be required safety signage, and for the purpose of identifying the structure, such as antenna structure registration (ASR) number, as well as the party responsible for the operation and maintenance of the facility, its current address and telephone number, security or safety signs, and property manager signs (if applicable). A twenty-four (24) hour emergency contact name and number are required to be posted on the site. If more than two hundred twenty (220) voltage is necessary for the operation of the facility and is present in a ground grid or in the tower additional signage is required as follows:

1. Signs located every twenty (20) feet and attached to the fence or wall;

2. Signs shall display in large, bold, high-contrast letters (minimum height of each letter: four (4) inches) the following: “HIGH VOLTAGE – DANGER.”

E. Setbacks.

1. Low Intensity Zones. The required setbacks for new structures shall be measured from the base of the structure or from the edge of the equipment shelter or compound, whichever is closer to the property line. The setbacks shall be a minimum of twenty (20) feet on all sides.

2. High Intensity Zones. The required setbacks for new structures shall be measured from the base of the structure or from the edge of the equipment shelter or compound, whichever is closer to the property line. The minimum setbacks shall be as follows:

a. Front: Ten (10) feet;

b. Side: Five (5) feet;

c. Rear: Five (5) feet.

The setbacks shall be a minimum of twenty (20) feet on the sides adjacent to low intensity zones.

New macro facilities located on existing buildings shall be allowed to project into the setback a maximum of twelve (12) inches.

F. Fencing. Fences are not required, unless utilized for required screening of an equipment enclosure or compound. If required, fences shall meet the following criteria:

1. Materials shall be weather-resistant.

2. Materials and design shall be appropriate to and compatible with the character of the site.

3. Unless otherwise specified, fencing shall be a maximum of six (6) feet in height, or one (1) foot taller than the proposed equipment enclosure, whichever is greater. In no case shall the fence be taller than eight (8) feet.

4. Barbed or other types of security wire are prohibited.

5. All fencing shall be located inside of any required landscaping.

The Director may specify the size, type and materials to be used for the fencing to ensure compatibility with the surrounding neighborhood.

G. Landscaping.

1. Low Intensity Zones. For freestanding macro facilities and ground-based equipment, landscaping shall be Type I, ten (10) feet, on all sides. In all cases, the landscaping shall be located on the outside of any fence. Irrigation shall be required per SMC 15.445.140.

2. High Intensity Zones. For freestanding macro facilities and ground-based equipment, the street frontage landscaping shall be Type II, ten (10) feet, and side and rear landscaping shall be Type II, five (5) feet. Where adjacent to low intensity zones, new support structures shall provide ten (10) feet of Type II landscaping on that side(s). In all cases, the landscaping shall be located on the outside of any fence that is used. Irrigation shall be required per SMC 15.445.140.

3. At the discretion of the Director, these landscaping standards may be modified in cases where natural screening, existing landscape buffers, topography, or the placement of the macro facility among buildings provides suitable screening.

H. Lighting.

1. Only lighting required by FAA regulations, as supported by the “determination of no hazard” document issued by the same agency, is allowed on support structures or antennas. Where lighting is required by FAA regulations, the light source shall be hooded or directed to shield adjacent properties, except where prohibited by FAA regulations. Any lighting required by the FAA must be of the minimum intensity and number of flashes per minute (i.e., the longest duration between flashes) allowable by the FAA. Dual lighting standards are required and strobe light standards are prohibited unless required by the FAA.

2. Any security lighting for on-ground facilities and equipment shall be user-operated or motion-activated only.

I. Noise. Macro facilities shall meet all existing noise standards as per SMC 15.460.020. Generator testing is allowed only between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday.

J. Parking. Parking for one (1) maintenance vehicle shall be provided on site or allowed for in the site lease unless on-street parking is available adjacent to the site.

K. Public Safety. Any applicant for facilities under this section shall certify that such proposed facility shall comply with all applicable Federal regulations regarding radio frequency interference (RFI) as specified in SMC 15.480.100(A)(2)(h).

L. Maintenance. All required landscaping shall be maintained as per SMC 15.445.150. In addition, painted or otherwise coated surfaces and concealment treatments shall be continually maintained or the structure shall be subject to removal at the expense of the responsible party.

M. Abandonment. Any macro facility that is abandoned shall be reported within thirty (30) days of abandonment to the Director by the service provider. The service provider shall include documentation of the date that use of the macro facility was discontinued. The service provider shall remove the abandoned macro facility and restore the above-ground site features to their preexisting condition within six (6) months of the abandonment, unless another service provider commits to using the site/facility as specified below. If the abandoned macro facility is not removed and the site restored within the specified time frame, the City may conduct the removal and/or restoration at the service provider’s expense. If there are two (2) or more users of a single macro facility, then this provision shall not become effective until all users cease using the macro facility. If another service provider has committed to continue the use of the abandoned macro facility, the abandoned macro facility does not need to be removed; provided, that:

1. A letter of intent to operate the abandoned facility is submitted to the City by the new service provider; and

2. The macro facility is put into service, or an application for a macro facility has been submitted within three (3) months of the letter of intent, and is actively being pursued. (Ord. 20-1026 § 3; Ord. 15-1018 § 1)

15.480.100 Submittal Requirements for All Macro Facilities

A. General. This section shall apply to all macro facilities. A separate application is required for each macro facility.

1. The application shall illustrate and describe the final schematic design of the macro facility installation when fully deployed.

2. An application for an attached, collocation, mitigated or freestanding macro facility shall include the following:

a. Proposed maximum height of the proposed macro facility, including individual measurement of the base, the structure and the lightning rod.

b. 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 macro facility will operate.

c. Photo-simulated post-construction renderings of the proposed structure, equipment enclosures, and ancillary structures from at least two (2) locations (but shall, at a minimum, include simulations from the vantage point of any adjacent roadways and occupied or proposed nonresidential or residential structures), proposed exterior paint and stain samples for any items to be painted or stained, exterior building material and roof samples.

d. A map showing the designated geographic search area and a statement that the included search area map is, in fact, the same as used to identify the proposed site.

e. A radio frequency propagation plot indicating the existing and proposed signal coverage of existing and proposed wireless communication sites, coverage prediction, and design radius, or a statement by a qualified representative that the facility is designed to provide additional network capacity.

f. A written certification from the applicant’s radio frequency (RF) engineer that the proposed facility’s coverage or capacity potential cannot be achieved by a higher ranked alternative, if any. This certification shall not be required in cases where the City and the applicant mutually agree that higher ranked alternatives are not feasible.

g. Any other documentation, evidence, or materials necessary to demonstrate compliance with the applicable approval criteria set forth in this chapter as the applicant deems necessary.

h. Interference with Public Safety Communications. Each owner and applicant for a macro facility shall agree in a written statement to the following:

i. Comply with good engineering practices as defined by the FCC in its rules and regulations.

ii. Comply with FCC regulations regarding susceptibility to radio frequency interference, frequency coordination requirements, general technical standards for power, antenna, bandwidth limitations, frequency stability, transmitter measurements, operating requirements, and any and all other Federal statutory and regulatory requirements relating to radio frequency interference (RFI).

iii. Whenever the City has encountered radio frequency interference with the City’s public safety communication equipment, and the City reasonably believes that such interference has been or is being caused by one (1) or more macro facilities, the following steps shall be taken:

(A) The City shall provide notification to all macro facilities operating in the City of possible interference with the public safety communication equipment, and upon such notifications, the owners of facilities operating in the eight hundred (800) MHz frequency band shall reasonably cooperate with the City and among themselves to investigate and mitigate the interference, if any, utilizing the procedures set forth in the joint wireless industry-public safety “Best Practices Guide,” released by the FCC in February 2001, including the good engineering practices, as may be amended or revised by the FCC from time to time.

i. All applications for macro facilities shall comply with all applicable FAA and FCC regulations.

B. Attached Macro Facilities and Collocations. In addition to SMC 15.480.090 the following is also required:

1. Certification furnished by a registered professional engineer licensed in the State of Washington that the macro facility structure has sufficient structural integrity in accordance with the latest published EIA/TIA codes and windspeed criteria for the district in which it is to be located to support the proposed antenna and feed lines in addition to all other equipment located or mounted on the structure.

2. A signed statement (including the signer’s qualifications) shall be included by a party representing the structure’s owner or owner’s agent certifying that the radio frequency emissions of the proposal comply with FCC standards for such emissions, both individually and cumulatively and with any other facilities located on or immediately adjacent to the proposed facility.

C. Freestanding Macro Facilities and Mitigation of Macro Facilities. In addition to SMC 15.480.090 the following is also required:

1. A signed statement from the structure owner agreeing to allow the collocation of other wireless equipment on the proposed structure, if the structure is designed for collocation.

2. If an attached structure or collocation is higher on the hierarchy than a proposed freestanding structure proposed for the macro facility, a copy of the following notice, with any and all responses or a statement that no responses were received, must be mailed by the applicant to all other service providers licensed to provide service within the City of SeaTac, and to the property owners of all existing structures exceeding forty (40) feet in height within one thousand (1,000) feet of the proposed site:

Pursuant to the requirements of the City of SeaTac Municipal Code 15.480.100(C)(2), __________ (service provider) is hereby providing you with notice of our intent to apply to the City of SeaTac to construct a wireless communication facility support structure at _______________ (address). The proposed support structure will be approximately _____ feet in height for the purpose of providing (type of service) service.

Please inform us whether you have any existing structures or wireless communication facility support structures in the vicinity of our proposed facility that may be available for our use. Please provide this information to us within ten (10) working days from the date of this letter. If we receive no response from you within that time, we shall assume that you do not wish to pursue a macro facility at this site.

3. A copy of the mailing labels, or a list of the names and addresses of the recipients of the notice described above.

4. A report and supporting technical data demonstrating that all antenna attachments and collocations, including all potentially usable structures, and other elevated structures within the proposed service area have been examined, and found not to be acceptable, and the reasons such structures and other elevated structures are not acceptable. Costs of concealment technology that exceed facility development costs shall not be presumed to render the concealment technology unsuitable. The report shall consist of one (1) or more of the following applicable findings, with supporting documentation:

a. No existing wireless communication facilities located within the geographic search area meet the applicant’s engineering requirements, and why.

b. Existing wireless communication facilities are not of sufficient height to meet the applicant’s engineering requirements, and cannot be increased in height.

c. Existing wireless communication facilities do not have sufficient structural integrity to support the applicant’s proposed wireless communications facilities and related equipment, and the existing facility cannot be sufficiently improved.

d. Other limiting factors that render existing wireless communication facilities unsuitable.

e. Technical data included in the report shall include certification by a registered professional engineer licensed in the State of Washington, or other qualified professional, whose qualifications shall be included, regarding the technical need for the macro facility, coverage, service expansions, introduction of new services, or other service objectives, that are addressed by the proposed macro facility, and, to the extent applicable, accompanying maps and calculations demonstrating the need of the proposed macro facility.

5. The applicant shall provide simulated photographic evidence of the proposed macro facility’s appearance from any and all residential zones within one thousand (1,000) feet including the facility types the applicant has considered and the impact on adjacent properties including:

a. Overall height;

b. Configuration;

c. Physical location;

d. Mass and scale;

e. Materials and color;

f. Illumination.

The applicant shall provide a statement describing potential visual and aesthetic impacts of the proposed macro facility on all adjacent residential zoning districts.

6. Certification furnished by a registered professional engineer licensed in the State of Washington that the macro facility has sufficient structural integrity to accommodate the required and proposed number of collocations.

7. Identification of the intended service providers of the macro facility. (Ord. 20-1026 § 3; Ord. 15-1018 § 1)

Article III. Small Wireless Facilities

15.480.110 Applications for Small Wireless Facilities

A. Applicability and Authority. Any application for a small wireless facility either inside or outside of the right-of-way of the City shall comply with the application requirements for a small wireless facility permit prescribed in this chapter. Small wireless facility permits are issued by the Public Works Director or designee.

B. Consolidated Permits. All permits, leases, and franchise agreements necessary for the deployment of the same small wireless facility shall be consolidated for review. Applicants are allowed to apply for franchise agreements or leases independently of an application for a small wireless facility permit.

C. Consultation Meeting. Prior to submittal of an application, a consultation meeting mutually agreed upon by the City and the applicant is encouraged but not required.

D. Application Types. Deployment of small wireless facilities may require multiple approvals as outlined below. All necessary approvals shall be obtained prior to deployment of any small wireless facility.

1. Franchise. If any portion of the applicant’s facilities are to be located in the right-of-way, an application and approval of a franchise agreement is required. A franchise agreement for the use of the City’s right-of-way is a contract which requires approval by the City Council. An applicant with a franchise agreement for the deployment of small wireless facilities in the City may apply directly for a small wireless facility permit and related approvals. An applicant at this stage may utilize phased development.

2. Small Wireless Facility Permit.

a. A small wireless facility permit is a consolidated permit that grants authority to construct small wireless facilities inside and outside the public right-of-way to allow the applicant, in most situations, to avoid the need to seek duplicative approvals by both the Public Works and the Community and Economic Development departments.

b. If the applicant requires a new franchise agreement to utilize the right-of-way, the approval of a franchise agreement may be consolidated with the small wireless facility permit review, if requested by the applicant.

c. 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.

d. As part of any application for a small wireless facility permit, the applicant shall submit the items as outlined in subsection (E) of this section and any items included in the City’s small wireless facility permit checklist.

e. An applicant can batch multiple small wireless facility sites in one (1) application, and is encouraged to do so for sites within a contiguous service area.

f. Prior to the issuance of a small wireless facility permit, the applicant shall pay a permit fee as set forth in the City’s fee schedule adopted by resolution.

3. Associated Permit(s). An applicant shall include with the submission of a small wireless facility permit all associated permits required for deployment, including but not limited to applications or checklists required under Chapter 15.700 SMC, Critical Areas, Chapter 16A.23 SMC, Environmental Rules/Procedures, and the 2019 Shoreline Master Program.

4. Leases. An applicant who desires to attach a small wireless facility on any utility pole owned by the City shall include an application for a lease as a component of its application. The Director is authorized to approve leases in the form approved for general use by the City Council for any utility pole or light pole in the right-of-way. Leases for the use of other public property, structures or facilities shall be submitted to the City Council for approval.

E. Application Requirements for Small Wireless Facility Permits. The following information shall be provided by all applicants for a small wireless facility permit:

1. The application shall provide specific survey-quality locational information including GPS 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, backhaul (whether by fiber or microwave), and power 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 features, shall be provided by the applicant. The application shall have sufficient detail to identify:

a. The location of overhead and underground public utilities, telecommunication, cable, water, adjacent lighting, sewer drainage and other lines and equipment within fifty (50) feet of the proposed project area, which project area shall include the location of the backhaul 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 fifty (50) feet of the proposed project area.

b. 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.

c. The construction drawings shall also include the applicant’s plan for backhaul and power service, all conduits, cables, wires, handholes, junctions, meters, disconnect switches and any other ancillary equipment or construction necessary to construct the small wireless facility, to the extent to which the applicant is responsible for installing such backhaul and power service, conduits, cables, and related improvements. Where another party is responsible for installing such backhaul and power service, conduits, cables, and related improvements, applicant’s construction drawings will include such utilities to the extent known at the time of application, but at a minimum applicant must indicate how it expects to obtain power and backhaul service to the small wireless facility.

d. If the site location includes a replacement light pole, a photometric analysis of the roadway and sidewalk for the existing light and replacement light.

e. Compliance with the aesthetic requirements of this chapter.

2. The applicant must show written approval from the owner of any pole or structure for the installation of its small wireless facilities on such pole or structure. Such written approval shall include approval of the specific pole, engineering, and design features. Submission of the lease agreement between the owner and the applicant is not required. For City-owned poles or structures, 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.

3. Any application for a small wireless facility permit located in the right-of-way adjacent to a parcel zoned for residential use shall demonstrate that it has considered the following:

a. 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.

b. 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.

4. For a permit application for a small wireless facility 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.

5. Any application for a small wireless facility permit which contains an element which is not exempt from SEPA review shall simultaneously apply under Chapter 43.21C RCW and Chapter 16A.23 SMC. Further, any application proposing small wireless facilities in the shoreline jurisdiction (pursuant to the 2019 Shoreline Master Program) or in critical areas (pursuant to Chapter 15.700 SMC) must indicate that the application is exempt or comply with the review processes in such codes.

6. The applicant shall submit a declaration signed by an RF engineer with knowledge of the proposed project affirming that the small wireless facilities will be compliant with all FCC regulations in connection with human exposure to RF emissions for every frequency at which the small wireless facility will operate. If facilities which generate RF radiation necessary to the small wireless facility are to be provided by a third party, then the small wireless facility 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 (1) 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 (1) emissions report for each subgroup installation identified in the batch.

7. 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.

8. A professional engineer licensed by the State of Washington shall seal both construction plans and final construction of the small wireless facilities and structure or pole and foundation as designed to reasonably withstand wind and seismic loads as required by applicable codes. If this structural review is conducted by another agency, such as the pole owner, copies of structural approval shall be provided to the City.

9. A site-specific traffic control plan.

10. Proof of a valid City of SeaTac business license.

11. Recognizing that small wireless facility technology is rapidly evolving, the Director is authorized to adopt and publish standards and application requirements, pertaining to information the Director, in his/her discretion, deems appropriate to effectively evaluate the application based on technical, engineering and aesthetic considerations. (Ord. 20-1026 § 4)

15.480.120 Review Process and Criteria

A. General. The Director shall determine compliance with the following provisions prior to approving a small wireless permit:

1. All small wireless facilities shall meet all applicable design and concealment standards under SMC 15.480.150.

2. The height and vertical clearance of the small wireless facilities will not pose a hazard to other users of the right-of-way.

3. Small wireless facilities may not encroach on private property or property outside of the right-of-way without the property owner’s express written consent.

B. Right-of-Way. Small wireless facilities inside the right-of-way shall also comply with the requirements of Chapter 11.10 SMC, Right-of-Way Use Code, to the extent they do not conflict with the requirements of this chapter. 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 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.

2. 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.

C. Eligible Facilities Requests. The design approved in a small wireless facility permit shall be considered concealment elements and such facilities may only be expanded upon an eligible facilities request described in Article IV of this chapter when the modification does not defeat the concealment elements of the small wireless facility.

D. 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 and regulations. Applicants for franchises and the small wireless facility permits shall be treated in a competitively neutral and non-discriminatory manner with other service providers. Small wireless facility permit review under this chapter shall neither prohibit nor have the effect of prohibiting the ability of an applicant to provide telecommunications services.

E. Withdrawal. Any applicant may withdraw in writing an application submitted, provided the withdrawal is signed by all persons who signed the original application or their successors in interest. The application shall be deemed null and void upon the City’s receipt of the withdrawal. 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.

F. Supplemental Information. Failure of an applicant to provide complete information by way of supplemental information as requested by the Director within ninety (90) days of notice shall be deemed a denial of that application, unless an extension period has been approved by the Director.

G. Optional Alternative Design Process. An applicant may present an alternative design that deviates from the standards prescribed in SMC 15.480.150; provided, that the applicant agrees in writing that the alternative design review period is excluded from the allotted time required to review the application, and:

1. The alternative design meets the aesthetic concealment objectives of the design standards (SMC 15.480.150(B)) and achieves a similar or better aesthetic concealment outcome than strictly following the prescriptive design standards (SMC 15.480.150);

2. Deviations from the prescriptive design standards shall be the minimum necessary to support the function of a small wireless facility;

3. As part of this optional review process, the City may consider the cumulative visual effects of small wireless facilities within the rights-of-way when assessing proposed designs so as to not adversely affect the visual character of the City;

4. No alternative design shall result in a deployment that exceeds the size limitations for a small wireless facility as defined in 47 CFR 1.6002;

5. Approved alternative designs may be used as an alternative to meeting the design standards of SMC 15.480.150 for any future small wireless facility application. (Ord. 20-1026 § 4)

15.480.130 Standard Permit Conditions

A. The applicant for any permit shall comply with all of the requirements within the small wireless facility permit.

B. Post-Construction As-Builts. Upon request, the grantee shall provide the City with as-builts of the small wireless facilities, within thirty (30) days after construction of the small wireless facility, demonstrating compliance with the permit and site photographs.

C. Permit Time Limit. Construction of the small wireless facility must be completed within six (6) months after the approval date by the City. The grantee may request a single extension for a period no longer than six (6) months, if the applicant provides an explanation as to why the small wireless facility cannot be constructed within the original six (6) month period. The small wireless facilities permit shall expire and be null and void if construction is not completed within twelve (12) months of approval.

D. Site Safety and Maintenance. The grantee must maintain the small wireless facilities in safe and working condition. The grantee 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.

E. Operational Activity. The grantee shall commence operation of the small wireless facility no later than six (6) months after installation. The applicant may request one (1) extension for an additional six (6) month period if the applicant can show that such operational activity is delayed due to inability to connect to electrical or backhaul facilities. The small wireless facility shall be removed if not operational within twelve (12) months of installation. (Ord. 20-1026 § 4)

15.480.140 Modification to Small Wireless Facilities

A. 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, the applicant shall apply for a small wireless facility permit.

B. A small wireless facility permit shall not be required for routine maintenance and repair of a small wireless facility within the rights-of-way, or the replacement of an antenna or equipment of similar size, weight, and height; provided, that such replacement does not defeat the concealment elements 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.

C. A small wireless facility permit shall not be required for replacing equipment within the equipment enclosure or reconfiguration of backhaul or power to the small wireless facility. Right-of-way use permits may be required for such routine maintenance, repair or replacement consistent with Chapter 11.10 SMC. (Ord. 20-1026 § 4)

15.480.150 Design and Concealment Standards for Small Wireless Facilities

A. The standards in this section 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 or otherwise have the effect of prohibiting service, alternative forms of concealment or deployment may be permitted which provide similar or greater protections from negative visual impacts to the streetscape.

B. Intent. These design and concealment standards are intended to meet the following objectives:

1. Small wireless facilities should be at a location with the least visible impact to the general public;

2. Design of small wireless facilities should be aesthetically and architecturally compatible with the surrounding built and natural environments;

3. Small wireless facilities should not interrupt the design of decorative light pole designs or architectural features;

4. Visual clutter and obtrusiveness of small wireless facilities should be minimized on individual poles;

5. The use of exterior cables and wires should be limited to the extent feasible; and

6. Antennas, equipment enclosures, and ancillary equipment, conduit and cable, should not dominate the structure or pole upon which they are attached.

C. Optional Alternative Design. Applicants may elect to use the optional alternative design process in SMC 15.480.120(G) for alternative concealment designs.

D. General Requirements.

1. Except for locations in the right-of-way or private access easements, small wireless facilities are not permitted on any property containing a residential use in the residential zones.

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

3. No equipment shall be operated so as to produce noise in violation of Chapter 173-60 WAC and SMC 8.05.360.

4. 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.

5. Replacement poles and new poles shall comply with the Americans with Disabilities Act (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 rights-of-way. Further, the location of any replacement or new pole must:

a. Be physically possible;

b. Comply with applicable traffic warrants;

c. Not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices); and

d. Not adversely affect the public welfare, health or safety.

6. Replacement poles shall be located as near as feasible to the existing pole and the abandoned pole shall be removed.

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

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

9. Side arm mounts for antennas or equipment must be the minimum extension necessary and for wooden poles may be no more than twelve (12) inches off the pole and for non-wooden poles no more than six (6) inches off the pole.

10. Small wireless facilities are not permitted on bollards or pedestrian path lighting.

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

E. Non-Wooden Poles. Small wireless facilities attached to non-wooden light poles shall conform to the following design criteria:

1. Upon adoption of a City standard small wireless facility pole design(s) within the road 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 (E).

2. The applicant shall minimize to the extent feasible the antenna and equipment space and shall use the smallest amount of enclosure technically necessary to fit the proposed equipment and antennas to be constructed as part of the application. 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.

b. Located on a Pole. If located on a pole, antennas and the associated equipment enclosures (including disconnect switches and other appurtenant devices) must be camouflaged to appear as an integral part of the pole.

i. The antenna(s) shall be mounted as close to the surface of the pole as technically feasible or six (6) inches, whichever is less, and only if such distance is necessary for antenna tilt and technical need. Each antenna may not exceed three (3) cubic feet in volume.

ii. The equipment shall be mounted as close to the surface of the pole as technically feasible or six (6) inches, whichever is less. The equipment must be placed in the smallest enclosure feasible for the technical need of the small wireless facility. The equipment enclosure and all other wireless equipment associated with the utility pole, including wireless equipment associated with the antenna (including conduit) and any preexisting associated equipment on the pole, may not exceed twenty-eight (28) cubic feet. Multiple equipment enclosures may be acceptable if designed to more closely integrate with the pole design and do not cumulatively exceed twenty-eight (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 antenna and equipment enclosure shall be mounted as close to the surface of the pole as technically feasible, or no more than twelve (12) inches off the pole if necessary for antenna tilt and technical need. The unified equipment enclosure shall be the smallest size technically necessary, but shall not exceed the dimensional requirements of subsection (E)(2)(b)(ii) of this section.

iv. To the extent technically feasible, the equipment enclosures shall be placed so as to appear as an integrated part of the pole or behind banners or signs; provided, that such location does not interfere with the operation of the banners or signs, or the operation of the small wireless facility.

v. The applicant may propose a side-mounted canister antenna, so long as the inside edge of the antenna is no more than six (6) inches from the surface of the pole.

c. 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 requirements if located within an existing pedestrian access route.

3. The furthest point of any equipment enclosure may not extend more than twenty-eight (28) inches from the face of the pole. Any equipment or antenna enclosures must meet WSDOT height clearance requirements. Applicants are encouraged to place the equipment enclosure as close to the antennas as physically and technically feasible, unless such placement would cause a greater aesthetic impact.

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

5. 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.

6. An antenna on top of an existing pole may not extend more than six (6) feet above the height of the existing pole and the diameter may not exceed sixteen (16) inches, measured at the top of the pole, unless the applicant can demonstrate that more space is technically necessary. The antennas shall be integrated into the pole design so that it appears as a continuation of the original pole, including colored or painted to match the pole, and shall be shrouded, screened, or otherwise, to blend with the pole, if technically feasible. 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.

7. 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.

8. The height of any replacement pole may not extend more than six (6) feet above the height of the existing pole or the minimum additional height necessary, whichever is greater; provided, that the height of the replacement pole cannot be extended further by additional antenna height.

9. The replacement pole shall comply with the City’s setback and sidewalk clearance requirements and, to the extent technically feasible, the diameter of the replacement pole shall not be more than a twenty-five percent (25%) 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 (E)(4) of this section.

F. Wooden Poles. Small wireless facilities located on wooden poles shall conform to the following design criteria:

1. The wooden pole at the proposed location may be replaced with a taller pole for the purpose of accommodating a small wireless facility; provided, that the replacement pole shall not exceed a height that is a maximum of ten (10) feet taller than the existing pole, or the height allowed by the definition of “small wireless facility,” unless a further height increase is required and confirmed in writing by the pole owner and that such height extension is the minimum extension technically feasible to provide sufficient separation and/or clearance from electrical and wireline facilities.

2. A pole extender may be used instead of replacing an existing pole but may not increase the height of the existing pole by more than ten (10) feet, or the height allowed by the definition of “small wireless facility,” unless a further height increase is required and confirmed in writing by the pole owner and such height increase is the minimum extension technically feasible to provide sufficient separation and/or clearance from electrical and wireline facilities. A “pole extender” as used herein is an object affixed between the pole and the antenna for the purpose of increasing the height of the antenna above the pole. The pole extender shall be painted to 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 must 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. Antennas shall not be mounted more than twelve (12) inches from the surface of the wooden pole.

6. Multiple antennas are permitted on a wooden pole; provided, that each antenna enclosure shall not be more than three (3) cubic feet in volume.

7. A canister antenna may be mounted on top of an existing or replacement wooden pole; provided, that the pole with the canister may not exceed the height requirements described in subsection (F)(1) of this section. A canister antenna mounted on the top of a wooden pole shall not exceed sixteen (16) inches in diameter, measured at the top of the pole, and shall be colored or painted to match the pole. The canister antenna must be placed to look as if it is an extension of the pole. In the alternative, the applicant may propose a side-mounted canister antenna, so long as the inside edge of the antenna is no more than twelve (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 twenty-eight (28) inches from the face of the pole. Any equipment or antenna enclosures must meet WSDOT height clearance requirements.

9. An omnidirectional antenna may be mounted on the top of an existing wooden pole, provided such antenna is no more than four (4) 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 antenna equipment, including but not limited to ancillary equipment, radios, cables, associated shrouding, microwaves, and conduit, which is mounted on wooden poles shall not be mounted more than six (6) inches from the surface of the pole, unless a further distance is technically required and is confirmed in writing by the pole owner.

11. Antenna equipment for small wireless facilities must be attached to the wooden pole, unless otherwise permitted to be ground-mounted pursuant to subsection (D) of this section. The equipment must be placed in the smallest enclosure technically feasible for the intended purpose. The equipment enclosure and all other wireless equipment associated with the utility pole, including wireless equipment associated with the antenna and any preexisting associated equipment on the pole, may not exceed twenty-eight (28) cubic feet. Multiple equipment enclosures may be acceptable if designed to more closely integrate with the pole design and do not cumulatively exceed twenty-eight (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.

12. An applicant who desires to enclose both its antennas and equipment within one (1) unified 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, does not exceed twenty-eight (28) cubic feet. The unified enclosure may not be placed more than twelve (12) inches from the surface of the pole, unless a further distance is required and confirmed in writing by the pole owner. To the extent feasible, the unified enclosure shall be placed so as to appear as an integrated part of the pole or behind banners or signs; provided, that such location does not interfere with the operation of the banners or signs.

13. The replacement pole shall comply with the City’s setback and sidewalk clearance requirements and the diameter of the replacement pole shall either be the pole owner’s standard pole diameter or not be more than a twenty-five percent (25%) increase of the existing utility pole measured at the base of the pole.

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

G. 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. 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.

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

4. 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.

5. 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.

H. Strand-Mounted. Small wireless facilities mounted on cables strung between existing utility poles shall conform to the following standards:

1. Each strand-mounted facility shall not exceed three (3) cubic feet in volume, unless the applicant can demonstrate, to the satisfaction of the director, that the three (3) cubic foot maximum is technically infeasible;

2. Only one (1) strand-mounted facility is permitted per cable between any two (2) existing poles;

3. The strand-mounted devices shall be placed as close as feasible to the nearest utility pole, and no more than five (5) feet from the pole unless a greater distance is technically necessary or is required by the pole owner for safety clearance;

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

5. Ground-mounted equipment to accommodate a strand-mounted facility is not permitted except when placed in preexisting equipment cabinets;

6. Pole-mounted equipment shall comply with the requirements of subsections (E) and (F) of this section;

7. Strand-mounted devices must be installed without excess exterior cabling or wires (other than the original strand); and

8. Strand-mounted facilities are prohibited on non-wooden poles, unless the existing pole has preexisting communication wirelines. (Ord. 20-1026 § 4)

15.480.160 New Poles in the Rights-of-Way for Small Wireless Facilities

A. New poles, as compared to replacement poles, within the rights-of-way require a small wireless permit and are only permitted if the applicant can establish that:

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

2. The proposed small wireless facility complies with the applicable requirements of SMC 15.480.150(D);

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 also complies with the City’s 2019 Shoreline Master Program and SEPA, Chapter 16A.23 SMC, if applicable;

5. No new poles shall be located in a critical area or associated buffer required by the City’s critical areas ordinance (Chapter 15.700 SMC), except when determined to be exempt pursuant to said ordinance; and

6. To the extent feasible, new poles shall provide secondary benefits to the public, such as but not limited to lighting and wayfinding signs.

B. If the proposed small wireless facility is for placement on a pedestrian light pole within the rights-of-way of a residential zone, the applicant must establish that placement of the small wireless facility on an existing or replacement pole located on an arterial or collector street is technically infeasible. Upon such demonstration by the applicant, the applicant is encouraged to place the small wireless facility at a corner and shall utilize a concealment element design as described in subsection (C) of this section.

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 backhaul and power connections.

1. The concealment element design shall seek to minimize the visual obtrusiveness of the small wireless facility. The proposed pole or structure shall have similar designs to existing neighboring poles in the rights-of-way, including similar height, to the extent technically feasible. Any concealment element design for a small wireless facility on a decorative pole shall attempt to mimic the design of such pole and integrate the small wireless 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. To the extent technically feasible, 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 pursuant to SMC 15.480.150.

2. 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.

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. 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 or otherwise have the effect of prohibiting service, alternative forms of concealment or deployment may be permitted which provide similar or greater protections of the streetscape. (Ord. 20-1026 § 4)

15.480.170 Appeals – Small Wireless Facilities

The Director’s final decisions on a small wireless facilities permit may be appealed. The process and forum for the appeal will depend on the nature of the decision being challenged. (Ord. 20-1026 § 4)

Article IV. Eligible Facilities Request

15.480.180 Definitions

The following additional definitions shall only apply to eligible facilities requests as described in this section. Should any term defined in this section also be defined elsewhere in this title, the definition in this section shall apply.

Base Station

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

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 backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems (DAS) and small wireless networks).

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

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

Collocation

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.

Director

The Director of the Community and Economic Development or designee.

Eligible Facilities Request

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.

Eligible Support Structure

Any tower or base station as defined in this section; provided, that it is existing at the time the relevant application is filed with the City.

Existing

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

Substantial Change

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

A. For towers other than towers in the public rights-of-way, it increases the height of the tower by more than ten percent (10%) or by the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet as measured from the top of the existing antenna to the bottom of the new antenna, whichever is greater; for other eligible support structures, it increases the height of the structure by more than ten percent (10%) or more than ten (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 twenty (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 (6) 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 (4) cabinets per installation 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 pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any other ground cabinets associated with the structure;

D. It entails any excavation or deployment outside of the current site, except that, for towers other than towers in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than thirty (30) feet in any direction. The site boundary from which the thirty (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 such that the proposed modification would cause a reasonable person to view the structure’s intended stealth design as no longer effective after the modification; 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 non-compliant only in a manner that would not exceed the thresholds identified above.

Tower

Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless 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.

Transmission Equipment

Equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless 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. (Ord. 20-1026 § 4)

15.480.190 Application

The City shall prepare and make publicly available an application form used 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. The applicant may apply concurrently for a building permit and/or any other permit required for the proposal. (Ord. 20-1026 § 4)

15.480.200 Initial Review of an Eligible Facilities Request

Upon receipt of an application for an eligible facilities request, the Director shall first review such application to determine whether the application qualifies as an eligible facilities request as set forth in SMC 15.480.180. (Ord. 20-1026 § 4)

15.480.210 Time Frame for Review

Within sixty (60) days of the date on which an applicant submits an eligible facilities request application, the Director shall approve the application unless (A) the Director determines that the application is not covered by this section, or (B) the application is incomplete and the Director provides written notice of incompleteness to the applicant within thirty (30) days of receipt of the application. (Ord. 20-1026 § 4)

15.480.220 Tolling of the Time Frame for Review

The time frame provided in this section is pursuant to Federal Communications Commission Code under 47 U.S.C. Section 1455(a) or 6409; 47 CFR Part 1.6100.

The sixty (60) day review period begins to run when the application is filed and may be tolled only by mutual agreement by the City and the applicant or in cases where the City 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.

A. To toll the time frame for incompleteness, the City shall provide written notice to the applicant within thirty (30) days of receipt of the application, clearly and specifically delineating all missing documents or information required in the application.

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

C. Following a supplemental submission, the City will notify the applicant within ten (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. (Ord. 20-1026 § 4)

15.480.230 Determination that the Application Is Not an Eligible Facilities Request

If the City determines that the applicant’s request does not qualify as an eligible facilities request, the City shall deny the application. (Ord. 20-1026 § 4)

15.480.240 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 deemed grant does not become effective until the applicant notifies the Director in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted. (Ord. 20-1026 § 4)