HomeMy WebLinkAboutO-3129 - Amends §§ 22A.010.160, 22C.250.040, 22C.250.100, 22C.250.130, 22C.250.150 and 22C.250.260, wireless communication facilities (22A.010, 22C.250)CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO. 3 12 Cf
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON, UPDATING
THE CITY'S DEVELOPMENT REGULATIONS, AMENDING CHAPTER 22C.250,
WIRELESS COMMUNICATION FACILITIES, AND SECTION ::Z::ZA.010.160 OF
THE MARYSVILLE MUNICIPAL CODE.
WHEREAS, the State Growth Management Act, Chapter 36. 70A RCW mandates that cities
periodically review and amend development regulations, including zoning ordinances and official
controls; and
WHEREAS, RCW 36. ?OA.106 requires the processing of amendments to the City's
development regulations in the same manner as the original adoption of the City's comprehensive
plan and development regulations; and
WHEREAS, the State Growth Management Act requires notice and broad public participation
when adopting or amending the City's comprehensive plan and development regulations; and
WHEREAS, the City, in reviewing and amending its development regulations has complied
with the notice, public participation, and processing requirements established by the Growth
Management Act, as more fully described below; and
WHEREAS, the City Council of the City of Marysville finds that from time to time it is
necessary and appropriate to review and revise provisions of the City's municipal code and
development code (MMC Title 22); and
WHEREAS, the Marysville Municipal Code, Chapter 22C.250, Wireless Communication
Facilities, regulates the installation of wireless communication facilities in the various zones of the
City but currently focuses on macro facilities; and
WHEREAS, the City Council acknowledges that the growing use of smart phones and other
personal wireless devices creates a substantial need for wireless data transmission and that the
city requires regulation of small wireless facilities; and
WHEREAS, the Federal Communications Commission (FCC) recently adopted a Regulatory
Ruling, Order and Regulation ("FCC Order") governing small wireless facilities, which imposes
limitations on the processing of all permits associated with the deployment of small wireless
facilities and requires the City to adopt aesthetic standard for such deployments; and
WHEREAS, federal law and regulation establishes both substantive and procedural
limitations, including time limitations for review, upon local government application and
development requirements applicable to proposals for modification to an existing antenna support
structure or an existing base station without substantially changing the height or profile of the
structure's, which are referred to as "eligible facility requests"; and
WHEREAS, the City Council finds that it is required to adopt and implement local
development and zoning regulations and review procedures that are consistent with federal laws
and regulations on wireless communication facilities, including small wireless facilities and eligible
facility requests; and
WHEREAS, the City Council deems it to be in the public interest to establish time limits and
ensure speedy review and processing of wireless communication facility permit applications, with
such time limits commonly referred to as "shot clocks," as required by federal laws and regulations
such as 47 U.S.C. § 1455(a), 47 CFR § 1.40001, and 47 CFR § 1.6003; and
WHEREAS, general design standards are necessary to maintain the aesthetic environment
of the City's streetscape and accommodate evolving technology; and
WHEREAS, general design standards are necessary to maintain the aesthetic environment
of the City's streetscape and accommodate evolving technology; and
WHEREAS, the City Council recently adopted Ordinance 3125 (effective April 18, 2019)
pertaining to Wireless Communication Facilities; and
WHEREAS, after adoption, minor amendments to Ordinance 3125 were determined to be
necessary; and
WHEREAS, during public meetings on May 14, 2019 and June 11, 2019, the Planning
Commission discussed proposed minor amendments to MMC Chapter 22C.250, Wireless
Communication Facilities; and
WHEREAS, the City of Marysville has submitted the proposed development regulation
revisions to the Washington State Department of Commerce on May 17, 2019, as required by RCW
36.70A.106; and
WHEREAS, on March 8, 2019, the City issued a State Environmental Policy Act (SEPA)
Determination of Non-Significance (DNS) which addresses the environmental impacts of the City-
initiated code amendments, a non-project action proposal;
WHEREAS, after providing notice to the public as required by law, on June 11, 2019, the
Marysville Planning Commission held a Public Hearing on the proposed amendments to the City's
development regulations; and
WHEREAS, on June 11, 2019 the Planning Commission made a Recommendation to the
City Council recommending the adoption of the proposed amendments to MMC Chapter 22C.250,
Wireless Communication Facilities; and
WHEREAS, at a public meeting on July 8, 2019 the Marysville City Council reviewed and
considered the Planning Commission's Recommendation and proposed amendments to the
development regulations; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Approval of Planning Commission's Recommendation and Adoption of
Findings and Conclusions. The Planning Commission's June 11, 2019 Recommendation regarding
the proposed development regulation amendments, including the Findings and Conclusions
contained therein, as set forth in the attached Exhibit A, is hereby adopted and incorporated
herein by this reference.
Section 2.
findings are made
Required Findings. In accordance with MMC 22G.010.520, the following
regarding the development regulation amendments which comprise this
ordinance:
(1)
(2)
(3)
The amendments are consistent with the purposes of the comprehensive plan; and
The amendments are consistent with the purpose of Title 22 MMC; and
There have been significant changes in the circumstances to warrant a
change; and
(4) The benefit or cost to the public health, safety, and welfare is sufficient to
warrant the action.
Section 3. MMC Chapter 22C.250, Wireless Communication Facilities, of the Marysville
Municipal Code is hereby amended as set forth in Exhibit B attached hereto.
Section 4. Section 22A.010.160, Amendments, of the Marysville Municipal Code is
hereby amended as follows by adding reference to this adopted ordinance in order to track
amendments to the City's Unified Development Code:
"22A.010.160 Amendments.
The following amendments have been made to the UDC subsequent to its adoption:
Ordinance Title (description) Effective Date
Wireless Communication Facilities Minor Amendments"14j I a I 2019"
Section 5. Severability. If any section, subsection, sentence, clause, phrase, or word of
this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any
other section, subsection, sentence, clause, phrase, or word of this ordinance.
Section 6. Upon approval by the city attorney, the city clerk or the code reviser are
authorized to make necessary corrections to this ordinance, including scrivener's errors or clerical
mistakes; references to other local, state, or federal laws, rules, or regulations; or numbering or
referencing of ordinances or their sections and subsections.
Section 7. Effective Date. This ordinance shall become effective five days after the date
of its publication by summary.
PASSED by the City Council and APPROVED by the Mayor this cr 11l.-day of
-~zs:...=~=+r..,...__ __ , 2019.
CITY OF MARYSVILLE
By :
JON
Attest:
By:
Approved as to form:
By:
Date of Publication:
Effective Date: au\~ IB1Zo \1
(5 days f ter publication)
EXHIBIT A
COMMUNITY DEVELOPMENT DEPARTMENT
80 Columbia Avenue • Marysville, WA 98270
(360) 363-8100 @< (360) 651-5099 FAX
PC Recommendation: Wireless Communication Facilities & Small Cell Minor Amendments
The Planning Commission (PC) of the City of Marysville, having held a public hearing on June 11, 2019
in review of NON-PROJECT action amendments @f the Marysville Municipal Code, proposing minor
amendments to Chapter 22C.250, lf'lrdes.r Comtnm1icc1tirm Facilities, to address industry concerns pertaining
to certain aspects of che recently adopteJ Ordinance 3125. Having considered the exhibits and testimony
presented, PC does hereby enter the following fin<lings, conclusions and recommendation for
consideration by the Marysville City Council:
FINDINGS:
I. The Community Development Department held a public meeting to introJuce the NON-
PROJ ECT action Wireless Communication Facilities and Small Cell Wireless Minor Code
Amendments to the community on May 14, 2019.
2. The proposal was submitted to the State of Washington Department of Commerce for l 4-day
expedited review on June 3, 2019, in accordance with RCW 36.70A.106.
3. A State Environmental Policy Act (SEPA) Determination of Non-Significance (DNS) was
issued on March 8, 2019; no appeals were fileJ.
4. The PC held public work sessions to review the NON-PROJECT action amendments
proposing adoption of rhe NON-PROJECT action Wireless Communication Facilities and
Small Cell Wireless Minor Amendments as described above, on May 14 and June I I, 2019.
5. The PC held a duly-advertised public hearing on June 11, 2019 and received testimony from
city staff and the public.
6. At the public hearing, the PC rcviewcJ an<l considered the Wireless Communication Pacilities
and Small Cell Wireless Minor Code Amendments.
CONCLUSION:
At the public hearing, held on .June 11, 2019, the PC recommended APPROVING the Wireless
Communication Facilities and Small Cell Wireless Minor CoJe Amendments.
RECOMMENDATION:
Forwarded t" Citv Council as a Recommendation of APPROVAL of rhe NON-PROJECT action
known s \'Vire ·s~ Ccm1mL~n· , tion Facilities and Small Cell Wireless Minor Code Am~ndments, an
amend1 1 .:nt to larysvillc ML cli. al Code Chapter 22C.250, If/ire/us Co1m1111nitatirm Facilities, this i I,
2019.
~
'
. I A By: rc'-11'-1-'1'-""'-if'dt-'-----·----
EXHIBIT B
22C.250.040 Wireless Communication Facilities -Permit required.
The following table summarizes the types of proposal and required land use approvals. All
proposals are subject to the siting hierarchy requirements of this chapter.
Flt1sh er
Nenflt1sh
P•et1nted Antenna Ne .. .., Ceneealed
CeReealeEI OR EMisl:iRg Antenfla Afflatet1r
Atl:aeheEI W€F CeneealeEI Aflteflfla St1ppert: St1ppert: CefflbineEI efl R:adte W€F CeHseliElatiefl Ce l::eeatien Strt1 ett1 re Strt1ett1re Eic:isting 1l1o'6f Ant:ennas
P-1,3 G pt f4 G pt ~
G G G G
Amateur Combined Concealed Concealed Flush-or New Small WCF
Radio .Q.!1 Attached Co-Nonflush-Concealed Wirgless Consolidation
Antenna5 Existing WCF Location Moun:l;g{! Antennji! Facility:
WCF AntenaiJ Su1rnort
.Q.!1 Structure
Existing
Antenna
Su~~Qd;
Structure
P2 Pl Pl. 3 Pl Pl .c P4 .c c c c c
P -Permitted Use. The use is allowed subject to the requirements of this code.
C -Conditional Use Permit. The use is allowed subject to the conditional use review procedures
and requirements of this code.
Notes:
1. If the proposal does not extend the height of a structure outside the public right-of-way by
more than 40 feet, the structure is in compliance with the maximum allowed WCF height
for the zone, aA4 it is demonstrated that the proposal is consistent with any previous
relevant approval conditions.
2. Amateur radio antennas are permitted subject to MMC 22C.250.120.
3. Concealed attached WCFs proposed within the public right-of-way are subject to MMC
22C.250.070(3).
4. Small wireless facilities are permitted within public right-of-way in all zones subject to the
standards outlined in this chapter. Small wireless facilities are not subject to MMC Sections
22C.250.050 through 22C.250.080.
22C.250.100 Small Wireless Deployment.
Small wireless deployment includes small wireless facilities and small wireless networks. The
following provisions establish design and concealment standards for small wireless
deployments, provided, however, that any small wireless or small wireless network
component that is not exempt under law or ordinance from critical areas, SEPA, or shoreline
review shall comply with the applicable requirements set forth in MMC Chapters 22E.010,
Critical Areas Management, 22E.030, State Environmental Policy Act (SEPA), and 22E.050,
Shoreline Management Master Program.
(1) Existing and replacement utility poles and structures in areas other than the Design
District and underground districts.Utility Poles and Structures in Areas Other Than the Design
District and Underground Districts. Eligible small wireless facilities permitted under the
provisions of a franchise approval shall be considered to have satisfied the design and
l Wireless Communication Facilities and Small Cell Minor Amendments -Exhibit B
concealment standards when installed on utility poles and structures within the public right-
of-way.
(2) Small wireless deployments on existing utility poles not approved pursuant to a
franchise. Small wireless deployments on existing utility poles that have not been approved
as an exhibit to the franchise or as a minor deviation thereto shall comply with the provisions
of MMC 22C.250.130 and must seek approval pursuant to a permit issued as provided in this
chapter.
(3) Replacement utility pole -street lighting. With the express permission of the City, a
replacement utility pole or a new utility pole may take the be permitted in the form of a new
streetlight standard except where prohibited by MMC Section 22C.250.130(5). The design of
the street light standard shall be in accordance with adopted City construction standards when
located outside of the Design District or underground district. Replacement utility poles/street
light standards located within the Design District shall conform to the adopted streetscape
design standard for the Design District. Wherever technologically feasible, all equipment and
cabling shall be internal to the replacement street lighting standard.
( 4) Undergrounded areas. In areas where utilities have been undergrounded, a service
provider or infrastructure company desiring to locate any above-ground infrastructure in
support of a small wireless deployment shall submit a concealment element plan in
accordance with the provisions of MMC 22C.250.130(6).
22C.250.130 Small Wireless Deployments -Design and concealment standards.
Small wireless facility deployments shall conform to the following design standards:
(1) Small wireless facilities attached to existing or replacement non-wooden light poles
and other non-wooden poles in the right-of-way or non-wooden poles outside of the right-of-
way shall conform to the following design criteria:
(a) 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, then
the antennas and associated equipment enclosures must be camouflaged to appear as an
integral part of the pole or flush mounted to the pole, meaning no more than six (6) inches
off of the pole, and must be the minimum size necessary for the intended purpose, not to
exceed the volumetric dimensions of small wireless facilities. If the equipment enclosure is
permitted on the exterior of the pole, the applicant is required to place the equipment
enclosure behind any banners or road signs that may be on the pole, provided that such
location does not interfere with the operation of the banners or signs.
(b) The furthest point of any antenna or equipment enclosure may from the face
of a pole shall be the minimum distance needed to comply with the requirements of the pole
owner. electrical codes, and antenna tilt not mctend more than twenty (20) inches from the
face of the pole.
(c) All conduit, cables, wires and fiber must be routed internally in the light pole.
Full concealment of all conduit, cables, wires and fiber is required within mounting brackets,
shrouds, canisters, or sleeves if attaching to exterior antennas or equipment.
(d) 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
needed. The antennas shall be integrated into the pole design so that it appears as a
continuation of the original pole, including being colored or painted to match the pole, and
shall be shrouded or screened to blend with the pole, except for canister antennas which shall
not require separate shrouding or screening. 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.
2 Wireless Communication Facilities and Small Cell Minor Amendments -Exhibit El
(e) 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.
(f) The height of any replacement pole may not extend more than ten (10) feet
above the height of the existing pole or the minimum additional height necessary; provided
that the height of the replacement pole cannot be extended further by additional antenna
height.
(g) The diameter of a replacement pole shall comply with the City's setback and
sidewalk clearance requirements and shall, to the extent technically feasible, not be more
than a 25% 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 S(d) below.
(h) The use of the pole for the siting of a small wireless facility shall be considered
secondary to the primary function of the pole. If the primary function of a pole serving as the
host site for a small wireless facility becomes unnecessary, the pole shall not be retained for
the sole purpose of accommodating the small wireless facility and the small wireless facility
and all associated equipment shall be removed.
(2) Wooden pole design standards. Small wireless facilities located on wooden poles shall
conform to the following design criteria:
(a) The wooden pole at the proposed location may be replaced with a taller pole
for the purpose of accommodating a small wireless facility; provided, that the replacement
pole shall not exceed a height that is a maximum of ten (10) feet taller than the existing pole,
unless a further height increase is required and confirmed in writing by the pole owner and
that such height extension is the minimum extension possible to provide sufficient separation
and/or clearance from electrical and wireline facilities.
(b) A pole extender may be used instead of replacing an existing pole but may not
increase the height of the existing pole by more than ten (10) feet, unless a further height
increase is required and confirmed in writing by the pole owner and that such height increase
is the minimum extension possible to provide sufficient separation and/or clearance from
electrical and wireline facilities. A "pole extender" as used herein is an object affixed between
the pole and the antenna for the purpose of increasing the height of the antenna above the
pole. The pole extender shall be painted to approximately match the color of the pole and
shall substantially match the diameter of the pole measured at the top of the pole.
(c) 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.
(d) 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.
(e) Antennas shall not be mounted more than twelve (12) inches from the surface
of the wooden pole.
(f) Antennas should be placed in an effort to minimize visual clutter and
obtrusiveness. Multiple antennas are permitted on a wooden pole provided that each antenna
enclosure shall not be more than three (3) cubic feet in volume.
(g) A canister antenna may be mounted on top of an existing wooden pole, which
may not exceed the height requirements described in subsection 2(a) above. A canister
antenna mounted on the top of a wooden pole shall not exceed sixteen (16) inches, 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.
I 3 Wireless Communication Facilities and Small Cell Minor Amendments -Exhibit B
(h) The furthest point of any antenna or equipment enclosure may not extend more
than twenty (20) inches _from the face of g_t-Ae pole shall be the minimum distance needed
to comply with the requirements of the pole owner, electrical codes. and antenna tilt fTQ{:
extend more than twenty (20) inches from the face of the pole.
(i) An omni-directional 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.
(j) All related equipment mounted on wooden poles, including but not limited to
ancillary equipment, radios, cables, associated shrouding, microwaves, and conduit, 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.
(k) Equipment for small wireless facilities must be attached to the wooden pole,
unless otherwise permitted to be ground mounted pursuant to subsection (S)(a). The
equipment must be placed in the smallest enclosure possible for the intended purpose. The
equipment enclosure and all other wireless equipment associated with the utility pole,
including wireless equipment associated with the antenna and any pre-existing 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
does 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.
(I) An applicant who desires to enclose both its antennas and equipment within
one 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 pre-exiting
associated equipment on the pole does not exceed twenty-eight (28) cubic feet. The unified
enclosure may not be placed more than six (6) inches from the surface of the pole, unless a
further distance is required and confirmed in writing by the pole owner. To the extent possible,
the unified enclosure shall be placed so as to appear as an integrated part of the pole or
behind banners or signs, provided that such location does not interfere with the operation of
the banners or signs.
(m) The visual effect of the small wireless facility on all other aspects of the
appearance of the wooden pole shall be minimized to the greatest extent possible.
(n) The use of the wooden 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.
(o) The diameter of a replacement pole shall comply with the City's setback and
sidewalk clearance requirements and shall not be more than a 25% increase of the existing
utility pole measured at the base of the pole.
(p) All cables and wires shall be routed through conduit along the outside of the
pole. The outside conduit shall be colored or painted to match the pole. The number of conduit
shall be minimized to the number technically necessary to accommodate the small wireless.
(3) Small wireless facilities attached to existing buildings, shall conform to the following
design criteria:
(a) Small wireless facilities may be mounted to the sides of a building if the
antennas do not interrupt the building's architectural theme.
(b) The interruption of architectural lines or horizontal or vertical reveals is
discouraged.
I 4 Wireless Communication Facilities and Small Cell Minor Amendments -Exhibit f3
(c) New architectural features such as columns, pilasters, corbels, or other
ornamentation that conceal antennas may be used if it complements the architecture of the
existing building.
(d) Small wireless facilities shall utilize the smallest mounting brackets necessary
in order to provide the smallest offset from the building.
(e) Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order
to conceal mounting hardware, create a cleaner appearance, and minimize the visual impact
of the antennas. Exposed cabling/wiring is prohibited.
(f) Small wireless facilities shall be painted and textured to match the adjacent
building surfaces.
(4) Small wireless facilities mounted on cables strung between existing utility poles shall
conform to the following standards.
(a) Each strand mounted facility shall not exceed three (3) cubic feet in volume;
(b) Only one strand mounted facility is permitted per cable between any two
existing poles;
(c) The strand mounted devices shall be placed as close as possible to the nearest
utility pole, in no event more than five (5) feet from the pole unless a greater instance
technically necessary or is required by the pole owner for safety clearance;
(d) No strand mounted device shall be located in or above the portion of the
roadway open to vehicular traffic;
(e) Ground mounted equipment to accommodate a shared mounted facility is not
permitted except when placed in pre-existing equipment cabinets; and
(f) Pole mounted equipment shall comply with the requirements of subsections (1)
and (3) above.
(g) Such strand mounted devices must be installed to cause the least visual impact
and without excess exterior cabling or wires (other than the original strand).
(h) Strand mounted facilities are prohibited on non-wooden poles.
(5) General requirements.
(a) Ground mounted equipment in the rights-of-way is prohibited, unless such
facilities are placed under ground 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.
(b) No equipment shall be operated so as to produce noise in violation of Chapter
6.76 MMC.
(c) Small wireless facilities are not permitted on City-owned light poles or 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 USC§ 253 and 47
USC§ 332.
(d) 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: be physically
possible, comply with applicable traffic warrants, not interfere with utility or safety fixtures
(e.g., fire hydrants, traffic control devices), and not adversely affect the public welfare, health
or safety.
(e) Replacement poles shall be located as near as possible to the existing pole with
the requirement to remove the abandoned pole.
(f) No signage, message or identification other than the manufacturer's
identification or identification required by governing law is allowed to be portrayed on any
antenna or equipment enclosure. Any permitted signage shall be located on the equipment
enclosures and be of the minimum amount possible to achieve the intended purpose (no
5 Wireless Communication Facilities and Small Cell Minor Amendments Exhibit B
larger than 4x6 inches); provided that, signs are permitted as concealment element
techniques where appropriate.
(g) Antennas and related equipment shall not be illuminated except for security
reasons, required by a federal or state authority, or unless approved as part of a concealment
element plan.
(h) Side arm mounts for antennas or equipment 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.
(i) The preferred location of a small wireless facility on a pole is the location with
the least visible impact.
(j) Antennas, equipment enclosures, and ancillary equipment, conduit and cable,
shall not dominate the structure or pole upon which they are attached.
(k) Except for locations in the right-of-way, small wireless facilities are not
permitted on any property containing a residential use in the residential zones.
(I) The City may consider the cumulative visual effects of small wireless facilities
mounted on poles within the rights-of-way when assessing proposed siting locations so as to
not adversely affect the visual character of the City. This provision shall not be applied to limit
the number of permits issued when no alternative sites are reasonably available nor to impose
a technological requirement on the applicant.
(m) These design standards are intended to be used solely for the purpose of
concealment and siting. Nothing herein shall be interpreted or applied in a manner which
dictates the use of a particular technology. When strict application of these requirements
would unreasonably impair the function of the technology chosen by the applicant, alternative
forms of concealment or deployment may be permitted which provide similar or greater
protections from negative visual impacts to the streetscape.
(6) New poles in the rights-of-way for small wireless facilities and all installations in the
Design Districts.
(a) New poles within the rights-of-way are permitted only if the applicant can
establish that:
(i) The proposed small wireless facility cannot be located on an existing
utility pole or light pole, on an 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 non-residential use in a residential zone whether by roof or panel-mount or separate
structure;
(ii) The proposed small wireless facility receives approval for a concealment
element design, as described in subsection (c) below;
(iii) The proposed small wireless facility also complies with the Shoreline
Management Act, Growth Management Act, and SEPA, if applicable; and
(iv) No new poles shall be located in a critical area or associated buffer
required by the City's Critical Areas Ordinance (Chapter 22E.010 MMC), except when
determined to be exempt pursuant to said ordinance.
(b) An application for a new pole is subject to an administrative land use review
and approval.
(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 for
all related transmission equipment or facilities associated with the proposed small wireless
facility, including but not limited to fiber and power connections.
(i) The concealment element design should seek to minimize the visual
obtrusiveness of the small wireless facility. The proposed pole or structure should have similar
designs to existing neighboring poles in the rights-of-way, including similar height to the
extent technically feasible. If the proposed small wireless facility is placed on a replacement
pole in the Design Districts, then the replacement pole shall be of the same general design as
the pole it is replacing, unless the Public Works and Community Development Directors
6 Wireless Communication Facilities and Small Cell Minor Amendments -Exhibit B
otherwise approve a variation due to aesthetic or safety concerns. Any concealment element
design for a small wireless facility on a decorative pole should 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 as the surface against which the installation will
be seen or on which it will be installed, landscape design, or other camouflage strategies
appropriate for the type of installation. Applicants are required to utilize designs in which all
conduit and wirelines are installed internally in the structure. Further, applicant designs
should, to the extent technically possible, comply with the generally applicable design
standards adopted herein.
(ii) 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
technologically feasible or that such deployment would undermine the generally applicable
design standards.
(d) Even if an alternative location is established pursuant to subsection (l)(a) and
(l)(b), the Director may determine that a new pole in the right-of-way is in fact a superior
alternative based on the impact to the City, the concealment element design, the City's
Comprehensive Plan, and the added benefits to the community.
(e) Prior to the issuance of a permit to construct a new pole or ground mounted
equipment in the right-of-way, the applicant must obtain a site-specific agreement from the
City to locate such new pole or ground mounted equipment. This requirement also applies to
replacement poles where the overall height of the replacement pole and the proposed small
wireless facility is more than sixty (60) feet.
(f) These design standards are intended to be used solely for the purpose of
concealment and siting. Nothing herein shall be interpreted or applied in a manner which
dictates the use of a particular technology. When strict application of these requirements
would unreasonably impair the function of the technology chosen by the applicant, alternative
forms of concealment or deployment may be permitted which provide similar or greater
protections of the street scape.
Examples of Unacceptable and Acceptable Small Wireless Facilities
Figure 3
Condu:r.motwki.g:
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(,i!l"ll<i:<W.<'lffilA~
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v.m~1bm t>t-1 .. ~n
t>-.t<upperpt;i-~~nrl
rn11t~1ut<1'<1tl.>1<hmt'nt
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22C.250.150 Small Wireless -Permit Requirements
Figure 4
Cnntennn must lnthtde a
s.mooth transition between
the upper pole nnd
cantenna
Conduit, mount!ng bracket and
other hardware must be hidden
from view
All conduit, wires and other
hardware shaU be located Internal to
the upper pale.
(1) The grantee of any permit shall comply with all of the requirements within the small
wireless permit.
7 Wireless Communication Facilities and Small Cell Minor Amendments -Exhibit B
(2) Small wireless facilities shall apply for and be issued a right-of-way use permit to install
such small wireless facilities in accordance with the standard requirements of the City for use
of the right-of-way.
(3) Post-Construction As BuiltsRecord Drawings. Within thirty (30) days after construction
of the small wireless facility, the grantee shall provide the City with as builtsrecord drawings
of the small wireless facilities demonstrating compliance with the permit and site photographs.
(4) Permit Time Limit. Construction of the small wireless facility must be completed within
one (1) year six (6) months after the approval date by the City. The grantee may request one
(1) extension to be limited to three (3) months, if the applicant cannot construct the small
wireless facility within the original one (1) year six (6) month period.
(5) 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.
22C.250.260 Testing of WCfs required -Noise emissions.
(1) Each licensed carrier shall submit manufacturer's specification sheets of the equipment
to be deployed to demonstrate compliance with State and City noise regulations. The carrier
shall conduct tests,_jLnecessary,. to demonstrate compliance with all applicable local
regulations regarding the noise emissions of the WCF. All such tests shall be performed by or
under the supervision of a qualified acoustical consultant competent to perform such tests
and interpret the data gathered.
(2) Where determined necessary by the community development director. Aall licensed
carriers shall submit a report, certified by a qualified acoustical consultant, setting forth the
observed noise levels at the property line of the property upon which the WCF is located. The
report shall account for background noise and other noise sources and demonstrate the noise
levels emitted by the WCF, including any air conditioning or ventilation equipment contained
therein.
(3) Compliance reports shall be required when necessarv to address existing or ongoing
noise concernson a biennial basis.
(4) The city may retain a technical expert in environmental noise measurement to verify
the noise measurements and certification. The cost of such a technical expert shall be borne
by the licensed carrier.
(5) This section shall not apply to any WCF that does not contain air conditioning
equipment.
8 Wireless Communication facilities and Small Cell Minor Amendments -Exhibit B