Chapter 14.62 WIRELESS COMMUNICATION FACILITIES

This chapter defines the regulations for placing, developing, permitting and removing all types of wireless communication facilities (“WCF”) including macro and small wireless facilities. It also provides adequate siting opportunities by identifying a range of locations and options that support wireless communications technology. This chapter encourages siting facilities on existing buildings or structures, collocating providers on single structures, maintaining neighborhood appearances and reducing visual clutter in the City. Specific purposes include:

(a) Minimizing potential adverse visual, aesthetic, and safety impacts of wireless facilities;

(b) Establishing objective standards for the placement of wireless facilities;

(d) Encouraging the design of wireless facilities to be aesthetically and architecturally compatible with the surrounding built and natural environments; and

(e) Encouraging the collocation or attachment of small wireless facilities on existing support structures to help minimize the total number and impact of such structures throughout the community. (Ord. 1048, Sec. 2 (Att. A), 2019)

14.62.020 Definitions.

(a) “Antenna” means an apparatus designed for emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of personal wireless service and any commingled information services.

(b) “Antenna equipment” means equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna.

(c) “Base station” (this definition only applies to EFM) means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein or any equipment associated with a tower. Base station includes, without limitation:

(1) Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

(2) 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 cell networks).

(3) Any structure other than a tower that, at the time the relevant application is filed with the City of Lake Stevens under this section, supports or houses equipment described in subsections (c)(1) and (c)(2) of this section that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support. The term does not include any structure that, at the time the relevant application is filed with the City of Lake Stevens under this section, does not support or house equipment described in subsections (c)(1) and (c)(2) of this section.

(d) “Collocation” means mounting or installing an antenna facility on a preexisting structure, and/or modifying a structure for mounting or installing an antenna facility on that structure. Provided, that, for purposes of eligible facilities requests, “collocation” means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

(e) “Electromagnetic field” or “EMF” means the field produced by the operation of equipment used in transmitting and receiving radio frequency signals.

(f) “Eligible facilities request” means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:

(1) Collocation of new transmission equipment;

(2) Removal of transmission equipment; or

(3) Replacement of transmission equipment.

(g) “Eligible support structure” means any tower or base station as defined in this section, if it is existing at the time the relevant application is filed with the City of Lake Stevens under this section.

(h) “Equipment facility” means any structure used to house electronic equipment, cooling systems and back-up power systems associated with a WCF, including shelters, enclosures, cabinets and other similar structures.

(i) Existing. (This definition only applies to EFM.) A constructed tower or base station is “existing” for purposes of this chapter 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 because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this chapter.

(j) “Macro facility” means a large wireless communication facility that provides radio frequency coverage for a cellular telephone network. Generally, macro cell antennas are mounted on ground-based towers, rooftops and other existing structures, at a height that provides a clear view over the surrounding buildings and terrain. Macro cell facilities typically contain antennas that are greater than three cubic feet per antenna and typically cover large geographic areas with relatively high capacity and may be capable of hosting multiple wireless service providers.

(k) “Site,” for towers other than towers in the public rights-of-way, means the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.

(l) “Small wireless facilities” are wireless communication facilities that meet each of the following conditions:

(1) The facilities (i) are mounted on structures 50 feet or less in height including their antennas, (ii) are mounted on structures no more than 10 percent taller than other adjacent structures, or (iii) do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater;

(2) Each antenna associated with the deployment, excluding associated antenna equipment (as defined above), is no more than three cubic feet in volume; and

(3) 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 28 cubic feet in volume.

(m) “Structure” means a pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or commingled with other types of services).

(n) Substantial Change. (This definition only applies to EFM.) A modification “substantially changes” the physical dimensions of an eligible support structure if it meets any of the following criteria:

(1) For towers, other than towers in the public rights-of-way, it increases the height of the tower by more than 10 percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10 percent or more than 10 feet, whichever is greater;

(2) For towers, other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;

(3) For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10 percent larger in height or overall volume than any other ground cabinets associated with the structure;

(4) It entails any excavation or deployment outside the current site;

(5) It would defeat the concealment elements of the eligible support structure; or

(6) It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified under the definition of “substantial change” in this section.

(o) “Tower” means any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.

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

(q) “Unified enclosure” means a small wireless facility providing concealment of antennas and equipment within a single enclosure.

(r) “Utility pole” means 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.

(s) “Wireless communication facility” or “WCF” means an unstaffed facility for the transmission and/or reception of radio frequency, microwave or other signals for wireless service purposes, including and typically consisting of antennas, equipment shelters or cabinet, transmission cables, a support structure required to achieve the necessary elevation, and reception and transmission devices and antennas.

(t) Wireless Communication Tower. See definition for “tower” in this chapter.

(u) “Wireless services” means mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by Federal laws and regulations. (Ord. 1048, Sec. 2 (Att. A), 2019)

14.62.030 General Provisions.

(a) Wireless communication facilities shall not be considered nor regulated as essential public facilities.

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

(c) Small wireless facilities located within the public right-of-way pursuant to a valid franchise are outright permitted uses in every zone of the City but still require a land use and right-of-way permit. (Ord. 1048, Sec. 2 (Att. A), 2019)

14.62.040 Permit Required.

A land use permit per Table 14.40-I, Table of Permissible Uses by Zones, is required in addition to a building permit for the location, installation or construction of any wireless communication facility (WCF) and for any modification to an existing WCF. (Ord. 1048, Sec. 2 (Att. A), 2019)

14.62.050 Wireless Communication Facility Permit Process/Processing Timelines.

The City shall make every reasonable effort to comply with the requirements of 47 CFR 1.6003 and the presumptively reasonable time periods for review established therein and identified in the table below:

Table 14.62.050A Wireless Communication Facility Permit Process/Processing Timelines
Facility Typei	Permit Type	Time Frame for Review (commences at submittal)	Days to Determine Application Completeness
Eligible Facility Modification (EFM)	Type I	60 days	30 daysii
Small Wireless Facility on Existing Structure	Type I	60 days	10 daysiii
Small Wireless Facility on New Structure	Type II	90 days	10 days
Macro Wireless Communication Facility Collocation	Type II	90 days	30 days
Macro Wireless Communication Facility - Noncollocation (e.g., new tower, pole, structure)	Type III	150 days	30 days

i. See definitions in this chapter for facility types (Section 14.62.020).

ii. See Section 14.62.080.

iii. See Section 14.62.080.

(Ord. 1048, Sec. 2 (Att. A), 2019)

14.62.060 Exclusions.

The following antennas and related facilities are expressly excluded from the provisions of this chapter:

(a) Ham or amateur radio vertical tower antennas and related facilities.

(b) Television and satellite dish antennas.

(d) Emergency communications equipment during a declared public emergency.

(e) A temporary wireless facility installed for providing coverage of a special event such as a fair, news coverage or sporting event. The wireless facility shall be exempt from the provisions of this chapter for up to two weeks before and after the duration of the special event.

(f) A temporary wireless facility installed for a period of 180 days, subject to renewals at the City’s discretion, to provide service during repair, replacement, or relocation of an existing facility or construction of a new facility. (Ord. 1048, Sec. 2 (Att. A), 2019)

14.62.070 Application Submittal Requirements.

(a) This section sets forth the submittal requirements for all wireless communication facilities (WCF) including eligible facilities modifications (EFM) and small wireless facilities. The listed submittal requirements are necessary to ensure that the City has all information and documentation to determine if the proposal will meet regulations or if a proposed facility modification will substantially change the physical dimensions of an eligible support structure. The submittal requirements are not intended to establish the need for the proposed WCF or modifications or to justify the business decision to propose such modifications.

(b) Submittal Requirements. No WCF or EFM application shall be deemed complete unless it is in writing; accompanied by the appropriate application and review fee; includes the required submittals; and attested to by the authorized person certifying the truth and accuracy of the information provided in the application. The application shall include the following submittals, unless waived by the Director:

(1) Contact information for the authorized person;

(2) Contact information for the applicant;

(3) Ownership information (if the proposal is not within public right-of-way);

(4) Specific locational information including GIS coordinates of all proposed WCF;

(5) Whether and where wireless facilities are to be located on existing utility poles, towers, buildings or other structures;

(6) Whether the deployment will utilize replacement utility poles, new poles, towers, and/or other structures and where such replacement will take place;

(7) Detailed schematics and visual renderings of the facilities including engineering and design standards;

(8) Conduit and/or ground-mounted equipment necessary for and intended for use in the deployment shall also be specified regardless of whether these facilities are constructed by the applicant or leased from an infrastructure provider;

(9) A site/landscaping plan showing the specific placement of the WCF on the site; showing the location of existing structures, trees and other significant site features; and indicating type and locations of plant materials used to screen WCF components;

(10) Documentation verifying that the proposed WCF complies with any applicable regulations and specifications in accordance with the Federal Aviation Administration (FAA);

(11) If applicable, documentation that demonstrates that there is a licensed provider of wireless services contractually committed to using the proposed WCF to provide wireless services;

(12) Property owner signed notarized statement regarding abandonment. The statement shall affirm the following:

(i) The signee is the owner; and

(ii) The signee understands that if the use is abandoned the tower must be removed within one year; and

(iii) If the City acts to enforce Section 14.62.180(o), the property owner, heirs or successors are ultimately responsible for the removal;

(13) Certification of an RF engineer regarding FCC electromagnetic field compliance;

(14) Waiver of Submittal Requirement. The Director or designee may waive any submittal requirement upon determination that the required submittal, or part thereof, is not reasonably related to the proposed WCF or substantial change criteria related to an EFM. A waiver, to be effective, must include written approval by the Director or designee;

(15) When Received. An WCF or EFM application, and any supplemental submittals, shall be deemed received by the City upon the date such application or supplemental submittal is filed with the Planning and Community Development Department. An application must be accompanied by the applicable permit review fee(s). Any application received by the City without contemporaneous payment, or deposit, of the applicable permit review fees will be rejected.

(1) An assertion that the proposed facilities modification is subject to review under Section 6409 of the Spectrum Act;

(2) If the applicant is not the owner or person in control of the eligible support structure and/or site, the applicant must provide verification that the owner or person in control of the eligible support structure and/or site has consented to the proposed facilities modification. If the eligible support structure is in a public right-of-way, the applicant must also attest that applicant has authorization to install, maintain and operate transmission equipment in, under and above the public right-of-way;

(3) If the applicant proposes a modification that will result in an increase in height of the eligible support structure: record drawings, as-built plans, or the equivalent, showing the height of the eligible support structure as originally constructed and granted approval by the City or other applicable regulatory authority; or most recent modification approval;

(4) If the applicant proposes a modification to an eligible support structure, which is subject to preexisting, conditions, restrictions or requirements, the applicant must provide a copy of the document (e.g., CUP) setting forth the restrictions or requirements and describe how the proposed modification conforms to the original restrictions or requirements;

(5) If the applicant proposes a modification to an eligible support structure that is subject to preexisting concealment restrictions or requirements the applicant shall continue to meet concealment elements as currently required or conditioned;

(6) If the applicant proposes a modification that will protrude from the edge of a nontower eligible support structure, the applicant must provide as-built plans or equivalent showing at a minimum the edge of the eligible support structure at the location of the proposed modification;

(7) If the applicant proposes a modification to the eligible support structure that includes hardening through structural enhancements, the applicant must provide a technical report by a qualified engineer demonstrating that the structural enhancement is performed in connection with and is necessary to support the proposed collocation, removal, or replacement of transmission equipment. The City may retain the services of an independent technical expert to review, evaluate, and provide an opinion regarding the applicant’s demonstration of necessity;

(8) If the applicant proposes a modification to a tower or base station, the applicant must provide a stamped report by a professional engineer demonstrating that the tower with the proposed modifications will comply with applicable structural, electrical and safety codes, for the applicable zone in which the tower is located, and describe the general structural capacity of the tower with the proposed modifications, including:

(i) The number and type of antennas that can be accommodated;

(ii) The basis for the calculation of capacity; and

(iii) The City may retain the services of an independent technical expert to review, evaluate, and provide an opinion regarding the applicant’s demonstration of compliance;

(9) If the applicant proposes a modification requiring alteration to the eligible support structure, excavation, installation of new equipment cabinets, or any other activities impacting or altering the land, existing structures, fencing, or landscaping on the site: a detailed site plan and drawings, showing the true north point, a graphic scale and, drawn to an appropriate decimal scale, indicating and depicting:

(i) The location, elevation and dimensions of the existing eligible support structure;

(ii) The location, elevation and dimensions of the existing transmission equipment;

(iii) The location, elevation and dimensions of the transmission equipment, if any, proposed to be collocated or that will replace existing transmission equipment;

(iv) The location, elevation and dimensions of any proposed new equipment cabinets and the intended use of each;

(v) Any proposed modification to the eligible support structure;

(vi) The location of existing structures on the site, including fencing, screening, trees, and other significant site features; and

(vii) The location of any areas where excavation is proposed showing the elevations, depths, and width of the proposed excavation and materials and dimensions of the equipment to be placed in the area excavated.

(d) Additional Submittal Requirements for Small Wireless Facilities.

(1) The location of overhead and underground public utility, telecommunication, cable, water, sewer drainage and other lines and equipment in the rights-of-way within 50 feet from the proposed site.

(2) The specific trees, structures, facilities, lines and equipment, and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate and a landscape plan for protecting, trimming, removing, replacing, and restoring any trees or areas to be disturbed during construction.

(3) 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 50 feet from the proposed site.

(4) The construction drawings shall also include the applicant’s plan for electric and fiber utilities, all conduits, cables, wires, handholes, junctions, meters, disconnect switches and any other ancillary equipment or construction necessary to construct the small cell facility, to the extent to which the applicant is responsible for installing such electric and fiber utilities, conduits, cables, and related improvements. Where another party is responsible for installing such electric and fiber utilities, 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 the applicant must indicate how it expects to obtain fiber and electric service to the small cell facility.

(5) If the site location includes a new light pole, then the applicant must submit a photometric analysis of the roadway and sidewalk 150 feet upstream and downstream of the existing light.

(6) Compliance with the aesthetic requirements of Section 14.62.260. (Ord. 1179, Sec. 18, 2024; Ord. 1048, Sec. 2 (Att. A), 2019)

14.62.080 Small Wireless Facility General Permit Requirements.

(a) The grantee of any permit shall comply with all the requirements within the small wireless permit.

(b) Small wireless facilities installation will require a small wireless facility permit and a right-of-way permit if any construction or construction activities will occur within City right-of-way.

(c) Post-Construction As-Builts. Within 30 days after construction of the small wireless facility, the proponent or successor shall provide the City with as-builts of the pole and small wireless facilities demonstrating compliance with the permit and site photographs.

(d) Permit Time Limit. Construction of the small wireless facility must be completed within six months after the approval date by the City. The grantee may request one extension to be limited to six months, if the applicant cannot construct the small wireless facility within the original six-month period.

(e) 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. (Ord. 1048, Sec. 2 (Att. A), 2019)

14.62.090 Radio Frequency (RF) Standards Compliance.

(a) All WCF shall be operated in compliance with Federal standards for EMF emissions.

(b) Radio Frequency (RF) Certification.

(1) The applicant shall submit an RF certification signed by an RF engineer with knowledge of the proposed project affirming that the WCF deployment 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 WCF and any associated wireless backhaul will operate.

(2) An existing franchisee applying for a right-of-way permit for small wireless facility shall provide an RF certification for all facilities included in the deployment which are to be installed by the franchisee.

(3) If facilities which produce RF radiation are necessary to the WCF deployment and will be provided by another franchisee, then the WCF deployment in the initial franchise or in a subsequent right-of-way permit shall be conditioned on an RF certification showing that the cumulative impact of the RF emissions from the entire installation meets Federal requirements. (Ord. 1048, Sec. 2 (Att. A), 2019)

14.62.100 Permit Enforcement.

The Planning and Community Development Director, or designee, shall enforce the provisions of this chapter under the code enforcement provisions of the Lake Stevens Municipal Code. (Ord. 1048, Sec. 2 (Att. A), 2019)

14.62.110 Reservation of Authority.

Nothing herein is intended or shall operate to waive or limit the City’s right to enforce, or condition approval on, compliance with generally applicable building, structural, electrical, and safety codes and with other laws codifying objective standards reasonably related to health and safety. (Ord. 1048, Sec. 2 (Att. A), 2019)

14.62.120 Federal Regulatory Requirements.

(a) These provisions shall be interpreted and applied to comply with the provisions of Federal law. By way of illustration and not limitation, any small wireless facility which has been certified as compliant with all FCC and other government regulations regarding the human exposure to radio frequency emissions will not be denied based on RF radiation concerns.

(b) Wireless communication facilities shall be subject to the requirements of this chapter to the extent that such requirements (1) do not unreasonably discriminate among providers of functionally equivalent services, and (2) do not have the effect of prohibiting wireless services within the City. (Ord. 1048, Sec. 2 (Att. A), 2019)

14.62.130 SEPA Review Wireless Communication Facilities.

SEPA review is required for new or replacement WCF unless exempt per WAC 197-11-800(25). (Ord. 1048, Sec. 2 (Att. A), 2019)

Part II. Macro Wireless Communication Facilities - Towers and Antennas

14.62.140 Purpose.

The purpose of this part is to set out regulations related to the deployment of macro wireless communication facilities (WCF), including new towers and antennas throughout the City. (Ord. 1048, Sec. 2 (Att. A), 2019)

14.62.150 Procedure.

New macro WCF that are placed on a new tower or new structure shall be processed as a Type II or III review/conditional use permit consistent with Table 14.40-I and the procedures in Chapter 14.16B. Collocation of new macro WCF that do not qualify as an eligible facility modification under Part III of this chapter shall be processed as a Type II review/administrative conditional use permit consistent with the procedures in Chapter 14.16B. (Ord. 1048, Sec. 2 (Att. A), 2019)

14.62.160 Macro Wireless Communication Facility Regulations.

(a) Construction or installation of the WCF must commence within one year from the date of the permit, with opportunity for a one-year extension; otherwise, the permit shall be revoked without further action of the City and the rights and privileges appurtenant to the permit shall be void;

(b) Permittee shall allow collocation of proposed WCF on the permittee’s site, unless the permittee establishes to the City’s satisfaction that collocation will technically impair the existing permitted use(s) to a substantial degree;

(c) Permittee shall maintain the WCF in a state of good repair and to maintain or replace, if necessary, vegetation and landscaping required as a condition of approving the permit;

(d) Permittee shall notify the City of any sale, transfer, assignment of a site or WCF within 60 days of such event; and

(e) Permittee shall comply with the provisions of this title and all other applicable City ordinances and rules and regulations. (Ord. 1048, Sec. 2 (Att. A), 2019)

14.62.170 Prioritized Locations.

The following sites are prioritized in order of preference for locating proposed macro WCF and permits shall be issued so that WCF will be located on the highest priority site feasible:

(a) Collocation on a tower or structure with other existing WCF.

(b) Collocation on public buildings and structures located in nonresidential zones.

(d) Collocation on buildings and structures in residential zones not used entirely for residential uses; provided, that WCF will not be sited on vacant residential lots.

(e) New tower or structure built for the WCF. (Ord. 1048, Sec. 2 (Att. A), 2019)

14.62.180 Development Standards.

All macro WCFs shall be constructed or installed per the following development standards:

(a) WCF must comply with applicable Federal Communications Commission (FCC), Federal Aviation Administration (FAA), State, and City regulations and standards.

(b) A freestanding WCF shall not be allowed whenever an existing structure can meet technical and network location requirements.

(c) No WCF tower may be located within 1,000 feet of an existing or previously approved tower, unless deemed an effective prohibition and the applicant demonstrates that collocation on such previously approved tower is not feasible.

(d) No WCF tower may be located within 1,000 feet of the shoreline of Lake Stevens.

(e) All new WCF towers shall be designed to reasonably accommodate future installation of a second array.

(f) Speculative WCF are prohibited. As part of the land use permit process, the applicant shall demonstrate that there is a licensed provider of wireless services contractually committed to using the proposed WCF to provide wireless services or if the applicant is a licensed provider of wireless services then the applicant shall provide an anticipated date of operation.

(g) Antennas shall be located, mounted and designed so that visual and aesthetic impacts upon surrounding land uses and structures are minimized, and so that they blend into the existing environment.

(h) WCF must be screened or camouflaged employing the best available technology, such as compatible materials, location, color, and/or hollow flagpoles, and other tactics to minimize visibility of the facility from public streets and residential properties.

(i) A freestanding WCF shall comply with all required setbacks of the zoning district in which it is located, unless it is located within the public right-of-way.

(j) WCF shall be designed and placed or installed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures by:

(1) Using existing site features to screen the WCF from prevalent views; and

(2) Using existing site features as a background in a way that the WCF blends into the background.

(k) Screening of the base of the WCF, including any security fences and equipment cabinets, shall be done in a manner as to blend into the site so as the screening does not call undue attention itself.

(l) A WCF shall be painted either in a nonreflective color or in a color scheme appropriate to the background against which the WCF would be viewed from most points within its viewshed, and in either case the color must be approved by the City as part of permit approval.

(m) Equipment facilities shall be placed underground if applicable, or, if above ground, shall:

(1) Be screened from any street and adjacent property with fencing, walls, landscaping, structures or topography or a combination thereof.

(n) As a condition of permit approval, the City may require the applicant to supplement existing trees and mature vegetation to screen the facility.

(o) Should the WCF be abandoned or cease functioning for a period of one year, the tower shall be removed from the site. At the time of application, a signed statement from the property owner shall be provided to the City and recorded against the property which affirms that:

(1) The signee is the property owner; and

(2) He or she understands that if the use is abandoned the WCF must be removed within one year; and

(3) If the City acts to enforce this rule, the property owner, heirs or successors are ultimately responsible for the removal.

(p) Security fencing shall:

(1) Not exceed eight feet in height;

(2) Be screened from view using appropriate landscaping materials; and

(3) If it is a chain-link fence, be camouflaged with appropriate techniques and painted or coated with a nonreflective color. (Ord. 1048, Sec. 2 (Att. A), 2019)

Part III. Eligible Facility Modifications (EFMs)

14.62.190 Purpose.

This part implements Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 (“Spectrum Act”), as interpreted by the Federal Communications Commission’s (“FCC” or “Commission”) Acceleration of Broadband Deployment Report and Order, which requires a State or local government to approve any eligible facilities request for a modification of an existing tower or base station that does not result in a substantial change to the physical dimensions of such tower or base station. (Ord. 1048, Sec. 2 (Att. A), 2019)

14.62.200 Applicability - Relationship to Other Rules and Regulations.

(a) Sole and Exclusive Procedure. The provisions in this section and Section 14.62.210 shall be the sole and exclusive procedure for review and approval of a proposed facilities modification which the applicant asserts are subject to review under Section 6409 (Spectrum Act). To the extent that other provisions of the City code establish a parallel process for review and approval of a project permit application for a proposed facilities modification, the provisions of this chapter shall control. If any part of an application for project permit approval includes a proposed facilities modification, the proposed facilities modification portion of the application shall be reviewed under the provisions of this chapter. If an application for project permit approval includes a proposal to modify an eligible support structure, and the applicant does not assert in the application that the proposal is subject to review under Section 6409, such proposal shall not be subject to review under this section and may be subject to review under other applicable provisions of the City code.

(b) Illegal Structures. EFMs do not apply to structures that were never permitted if a permit was required by the City or County code applicable at the time of construction.

(c) Replacement of Eligible Support Structure. This part shall not apply to a proposed facility modification to an eligible support structure that will involve replacement of a tower or base station.

(d) First Deployment - Base Station. This part shall not apply to a proposed facility modification to a structure, other than a tower, that does not, at the time of submittal of the application, already house or support a WCF lawfully installed within or upon, or attached to, the structure.

(e) Interpretation. Interpretations of this part and chapter shall be guided by Section 6409; the FCC eligible facilities request rules, the FCC’s Report and Order, regarding Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies, WT Docket Nos. 13-238, 13-32; WC Docket No. 11-59; FCC 14- 153. (Ord. 1048, Sec. 2 (Att. A), 2019)

14.62.210 Substantial Change Criteria.

A proposed eligible facilities modification will substantially change the physical dimensions of an eligible support structure if it meets any of the criteria listed in the definition of “substantial change.” (Ord. 1048, Sec. 2 (Att. A), 2019)

Part IV. Small Wireless Facilities

14.62.220 Purpose and Intent.

To manage its right-of-way in a thoughtful manner, the City of Lake Stevens has adopted this process for the deployment of small wireless facilities. Sections 14.62.130 through 14.62.210 shall not apply to the deployment of small wireless facilities. The process balances the need to accommodate new and evolving technologies with the preservation of the natural and aesthetic environment of the City while complying with the requirements of State and Federal law.

Service providers who seek to utilize the public right-of-way for small wireless facility deployment to provide wireless communication, data transmission or other related services must have a valid franchise to provide the specific service seeking to utilize the right-of-way and a right-of-way permit to deploy the technology. Entities with franchises who wish to utilize a small wireless facility deployment to upgrade or expand their existing services shall utilize the processes set forth in this chapter to deploy their technology and obtain design approval of specific installations.

A right-of-way permit in addition to a land use permit is required for small wireless facility deployment under the franchise, to the extent required under Section 14.62.080(b). An entity without a franchise shall apply for a consolidated permit which shall be processed concurrently as one master permit within the meaning of RCW 35.99.010(3) and 35.99.030. For entities with a valid franchise, see Section 14.62.240.

(a) Nothing in this part revises or diminishes the rights and obligations of an existing franchise.

(b) The term “small wireless facility deployment” shall include the deployment of small wireless facilities and small wireless facility networks as those terms are defined by this chapter.

(c) Existing franchisees with franchises that do not specifically permit small wireless facility deployment shall be required to either amend their existing franchise or enter a new franchise with the City. (Ord. 1048, Sec. 2 (Att. A), 2019)

14.62.230 Review Process.

The following provisions relate to applications for a franchise or right-of-way permit for small wireless facility deployments:

(a) Review of Facilities. Review of the site locations proposed by the applicant shall be governed by the provisions of 47 USC Sections 253 and 332, Federal regulations and applicable case law. Applicants for franchises and the right-of-way permits which implement the franchise shall be treated in a competitively neutral and nondiscriminatory manner with other service providers utilizing supporting infrastructure which is functionally equivalent; that is, service providers whose facilities are similarly situated in terms of structure, placement or cumulative impacts. Franchise and right-of-way permit review under this chapter shall neither prohibit nor have the effect of prohibiting the ability of an applicant to provide telecommunications services.

(b) Third-Party Requirements.

(1) All installations of small wireless facilities must have permission from the pole/structure owner to install facilities on such structure.

(2) Governing Construction or Electrical Code. All installations of small wireless facilities shall comply with any governing construction or electrical code such as the National Electrical Safety Code, the National Electric Code or State electrical code, as applicable. All installations of ground-mounted or replacement structures shall comply with the City’s adopted standards for construction in the right-of-way.

(3) Electrical Connection. The City is not responsible for providing electricity to small wireless facilities. Any third-party utility providing such electricity must obtain a franchise from the City prior to operating in the rights-of-way.

(4) Transport/Telecommunications Connection. The City is not responsible for providing transport connectivity (e.g., fiber) to small wireless facilities. Any third-party utility providing such transport connectivity must obtain a franchise from the City prior to operating in the rights-of-way. (Ord. 1048, Sec. 2 (Att. A), 2019)

14.62.240 Design and Concealment Standards for Small Wireless Facility Deployments.

Small wireless facility deployments permitted in accordance with this chapter shall conform to the following design standards in addition to the City’s adopted design guidelines as they relate to screening of utilities:

(a) Small wireless facilities attached to existing or replacement light poles and other poles in the right-of-way or poles outside of the right-of-way shall conform to the following design criteria:

(1) 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 to the extent technically feasible flush-mounted to the pole, meaning no more than six inches off of the pole for nonwooden poles and no more than 12 inches off the pole for wooden poles, 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.

(2) The furthest point of any equipment enclosure may not extend more than 28 inches from the face of the pole, unless proven technically infeasible.

(3) All conduit, cables, wires and fiber must be routed internally in the light pole if nonwooden pole. Full concealment of all conduit, cables, wires and fiber is required within mounting brackets, shrouds, canisters or sleeves if attaching to exterior antennas or equipment.

(4) An antenna on top of an existing pole may not extend more than six feet above the height of the existing pole and the diameter may not exceed 16 inches, measured at the top of the pole, unless the applicant can demonstrate that more space is needed. 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 or be compatible with the pole, and shall be shrouded or screened to blend with the pole except for canister antennas which shall not require screening. All cabling and mounting hardware/brackets from the bottom of the antenna to the top of the pole shall be fully concealed and/or integrated with the pole for nonwooden poles and shall be concealed either within the canister antenna or within a sleeve between the antenna and pole on a wooden pole.

(5) 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.

(6) The height of any replacement pole may not extend more than 10 feet above the height of the existing pole or the minimum additional height necessary for adequate clearance from electrical wires, whichever is greater.

(7) The diameter of a replacement pole shall comply with the City’s sidewalk clearance requirements and shall, to the extent technically feasible, not be more than a 25 percent increase of the existing pole measured at the base of the pole, unless additional diameter is needed in order to conceal equipment within the pole.

(8) The use of any 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.

(9) 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 pole on which they are attached.

(10) Antennas should be placed to minimize visual clutter and obtrusiveness. Multiple antennas are permitted on a pole; provided, that each antenna enclosure shall not be more than three cubic feet in volume, not to exceed a maximum of 12 cubic feet.

(11) An omni-directional antenna may be mounted on the top of an existing pole, provided such antenna is no more than four feet in height and is mounted directly on the top of a pole or attached to a sleeve made to look like the exterior of the pole as close to the top of the pole as technically feasible. All cables shall be concealed within the sleeve between the bottom of the antenna and the mounting bracket.

(12) 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.

(13) Equipment for small wireless facilities must be attached to the wooden pole, unless otherwise permitted to be ground-mounted pursuant to subsection (d)(2) of this section. 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.

(14) 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 preexisting associated equipment on the pole, do not exceed 28 cubic feet. The unified enclosure may not be placed more than six inches from the surface of the pole, unless a further distance is required and confirmed in writing by the pole owner. To the extent possible, the unified enclosure shall be placed 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.

(15) All cables and wires shall be routed through conduit along the outside of a wooden pole. The outside conduit shall be colored or painted to match or be compatible with the wooden pole. The number of conduits shall be minimized to the number technically necessary to accommodate the small wireless facilities.

(b) Small wireless facilities attached to existing buildings shall conform to the following design criteria:

(1) Small wireless facilities may be mounted to the sides of a building if the antennas do not interrupt the building’s architectural theme.

(2) The interruption of architectural lines or horizontal or vertical reveals is discouraged.

(3) New architectural features such as columns, pilasters, corbels, or other ornamentation that conceal antennas may be used if it complements the architecture of the existing building.

(4) Small wireless facilities shall utilize the smallest mounting brackets necessary to provide the smallest offset from the building.

(5) Skirts or shrouds shall be utilized on the sides and bottoms of antennas to conceal mounting hardware, create a cleaner appearance, and minimize the visual impact of the antennas. Exposed cabling/wiring is prohibited.

(6) Small wireless facilities shall be painted or colored and textured to match or be compatible with the adjacent building surfaces.

(c) Small wireless facilities mounted on cables (strand-mounted) strung between existing utility poles shall conform to the following standards:

(1) Each strand-mounted facility shall not exceed three cubic feet in volume;

(2) Only two strand-mounted facilities are permitted per cable between any two existing poles;

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

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

(5) Ground-mounted equipment to accommodate a shared mounted facility is not permitted except when placed in preexisting equipment cabinets or required by other parties, such as an electrical provider;

(6) Pole-mounted equipment shall comply with the requirements of subsection (a) of this section; and

(7) 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).

(d) General Requirements.

(1) Single-Facility Installation. Each utility pole may not contain more than one small wireless facility provider.

(2) 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.

(3) Equipment Enclosure Location and Dimensions. The applicant shall minimize the primary equipment enclosure space and use the smallest amount of enclosure possible to fit the necessary equipment. The primary equipment enclosure shall be located using the following methods in priority order, unless a lower priority method minimizes visual impact:

(i) For nonwooden poles, concealed completely within the pole or pole base. If within the pole base, the base shall meet the ADA requirements and not impact the pedestrian access route.

(ii) Located on a pole. If located on a pole, the equipment enclosure and all other wireless equipment associated with the pole shall be the minimum amount necessary and shall not exceed 28 cubic feet. Multiple equipment enclosures may be acceptable if designed to more closely integrate with the pole design and does not cumulatively exceed 28 cubic feet.

(iii) Underground in a utility vault. If located underground, the access lid to the primary equipment enclosure shall be located outside the footprint of any pedestrian curb ramp and shall have a nonskid surface meeting ADA requirement if located within an existing pedestrian access route.

(iv) On private property. If located on private property, the applicant shall submit a copy of an executed easement or lease agreement with the private property owner prior to the right-of-way permit issuance. In addition, if the private property is zoned residential, the applicant shall comply with the permit requirements for WCF in this chapter.

(4) No equipment shall be operated to produce noise in violation of Chapter 9.56.

(5) Replacement poles and new poles along with all support structures shall comply with the Americans with Disabilities Act (ADA), City construction and sidewalk clearance standards, City ordinances, and State and Federal laws and regulations 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.

(6) Replacement poles shall be located as near as possible to the existing pole with the requirement to remove the abandoned pole.

(7) No signage, message or identification other than the manufacturer’s identification or identification required by governing law can 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; provided, that signs are permitted as concealment element techniques where appropriate.

(8) 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.

(9) Side-arm mounts for antennas or equipment must be the minimum extension necessary and for wooden poles may be no more than 12 inches off the pole, as measured from the surface of the pole to the inside edge of the antennas or equipment, and for nonwooden poles no more than six inches off the pole, unless technically infeasible.

(10) The preferred location of a small wireless facility on a pole is the location with the least visible impact.

(11) Antennas, equipment enclosures, and ancillary equipment, conduit and cable shall not dominate the structure or pole upon which they are attached.

(12) 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.

(13) 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.

(14) These design standards are intended to be used solely for 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 have the effect of prohibiting the provision of wireless services, alternative forms of concealment or deployment may be permitted which provide similar or greater protections from negative visual impacts to the streetscape.

Examples of a Well-Designed Small Wireless Facility

Images used courtesy of Valmont Structures Small Cell Solutions

Examples of a Poorly Designed Small Wireless Facility

(Ord. 1048, Sec. 2 (Att. A), 2019)

14.62.250 Design Zones for Small Wireless Facilities.

(a) The following areas are hereby designated “design zones” for this chapter. Design zones shall include the following districts:

(1) All zones within Lake Stevens Center Subarea.

(2) All zones within the 20th Street SE Corridor Subarea.

(3) All zones within the Downtown Lake Stevens Subarea.

(b) Any applicant who desires to place a small wireless facility in a design zone must first establish that the applicant cannot locate the small wireless facility outside of the design zone. Applications for small wireless facilities in a design zone may be approved if the applicant demonstrates that due to technical infeasibility the applicant cannot locate the proposed small wireless facility on an existing or replacement pole within 500 feet of the proposed site and outside of the design zone.

(c) Small wireless facilities within the Downtown Lake Stevens Subarea shall not be placed on new decorative light standards unless technologically infeasible to locate on structures outside of the right-of-way and provide sufficient coverage.

(d) Applications for small wireless facilities within design zones must receive a land use approval and comply with a concealment element design described in Section 14.62.260(b), in addition to the requirements in Section 14.62.280. (Ord. 1048, Sec. 2 (Att. A), 2019)

14.62.260 New Poles in the Rights-of-Way for Small Wireless Facilities and Installations in a Design Zone.

(a) New poles within the rights-of-way 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 on existing structures or poles in 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) Any new pole complies with the generally applicable requirements of Section 14.62.240(d);

(3) The proposed small wireless facility receives approval for a concealment element design, as described in subsection (b) of this section;

(4) The proposed small wireless facility also complies with the Shoreline Management Act, and SEPA, if applicable; and

(5) No new poles shall be in a critical area or associated buffer required by the City’s critical areas management ordinance (Chapter 14.88), except when determined to be exempt pursuant to said ordinance.

(b) The concealment element design shall include the design of the screening, fencing or other concealment technology for a tower, pole, or equipment structure, and all related transmission equipment or facilities associated with the proposed small wireless facility, including but not limited to fiber and power connections.

(1) 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 a design zone, then the replacement pole shall be of the same general design as the pole it is replacing, unless the development services department otherwise approves 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 - or the appearance thereof - as the surface against which the installation will be seen or on which it will be installed, landscape design, or other camouflage strategies appropriate for the type of installation. Applicants are required to utilize designs in which all conduit and wirelines are installed internally in the structure. Further, applicant designs should, to the extent technically possible, comply with the generally applicable design standards adopted pursuant to this section.

(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 technologically feasible, or that such deployment would undermine the generally applicable design standards.

(c) 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.

(d) 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. The requirement also applies to the placement of replacement poles when the replacement is necessary for the installation or attachment of the small wireless facility, the replacement structure is higher than the replaced structure, and the overall height of the replacement structure and the wireless facility is more than 60 feet.

(e) These design standards are intended to be used solely for 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 have the effect of prohibiting the provision of wireless services, alternative forms of concealment or deployment may be permitted which provide similar or greater protections of the streetscape. (Ord. 1048, Sec. 2 (Att. A), 2019)

14.62.270 Franchise Application.

Applicants for small wireless facilities shall apply using the City’s franchise application form and submit a fee per the City’s fee schedule to process an application for a franchise. The Director of Public Works is charged with administration of small wireless facility deployments and other wireless communication review processes established under this title. All franchise applications shall designate the entire City right-of-way as the franchise boundary. (Ord. 1048, Sec. 2 (Att. A), 2019)

14.62.280 Implementation - Right-of-Way Permits for Small Wireless Facility Deployment.

The rights granted under the franchise are implemented through the issuance of right-of-way permits. The franchise application may be accompanied by one or more applications for a right-of-way permit to deploy a small wireless facility. An initial franchise and all related right-of-way permit applications shall be processed concurrently as one master permit under Chapter 35.99 RCW.

(a) The applicant can batch multiple small wireless facility sites in one application. The applicant is encouraged to batch the small wireless facility sites within an application in a contiguous service area and/or with similar pole designs.

(b) Issuance of a right-of-way permit to install a small wireless facility deployment shall be contingent upon approval of a franchise or the possession of a valid franchise.

(c) The Director may approve, deny or conditionally approve all or any portion of the sites proposed in the right-of-way permit application; provided, that the denial of one or more small cell facilities in a consolidated application shall not delay the processing of any other small wireless facility or related poles submitted in the same consolidated application. (Ord. 1048, Sec. 2 (Att. A), 2019)

14.62.290 Ground-Mounted Equipment.

In areas of the City where overhead utility lines have been undergrounded (undergrounded areas), in designated design zones (see Section 14.62.250), and in other areas where necessary to permit full use of the public right-of-way by pedestrians, bicycles and other users, all ground-mounted equipment shall be undergrounded in a vault meeting the City’s construction standards. The location of ground-mounted equipment (to the extent undergrounding such equipment is not technologically feasible), a replacement pole or street light shall comply with the Americans with Disabilities Act (ADA), City development standards, and State and Federal regulations to provide a clear and safe passage within the public right-of-way. Ground-mounted equipment is also permitted on private property adjacent to the public right-of-way with a recorded easement or lease agreement and permit in accordance with requirements of this chapter. (Ord. 1048, Sec. 2 (Att. A), 2019)

14.62.300 Underground Districts.

(a) Underground Districts. The City requires the undergrounding of new utilities, which would include all support equipment including, but not limited to, any backhaul or electricity, but not antennas and their support structures for small wireless facilities in all areas of the City except within the rights-of-way along the following roads:

(1) State Route 9;

(2) State Route 92;

(3) State Route 204;

(4) Lundeen Parkway from SR 9 to Callow Road;

(5) 20th Street NE except between 118th Avenue NE and 127th Avenue NE;

(6) 20th Street SE.

(b) In areas designated as underground districts and where other utilities are located underground, a service provider or infrastructure company desiring to locate any aboveground infrastructure in support of a small wireless facility deployment shall demonstrate that it is technologically infeasible to incorporate support facilities within proposed or existing light poles or in a vault underground. In such cases the applicant shall submit a concealment element plan in accordance with the provisions of Section 14.62.240.

(c) In areas designated as underground districts where existing utilities are currently located above ground, small wireless facilities may be located above ground with the submission of a concealment element plan in accordance with the provisions of Section 14.62.240. Such facilities may remain until such time that other utility lines and poles are placed underground, at which time an applicant may request that a small wireless facility be installed on a new street light consistent with the requirements of Section 14.62.310 and if no existing street light exists to host the SWF. (Ord. 1048, Sec. 2 (Att. A), 2019)

14.62.310 Replacement Utility Pole - Street Lighting.

With the express permission of the City, a replacement utility pole or a new utility pole may be permitted in the form of a new street light standard. The design of the street light standard shall be in accordance with adopted City construction standards when located outside of a design zone or underground district. Replacement utility poles/new street light standards located within a design zone shall conform to the adopted streetscape design standard for the design zone and those located within an underground district shall be approved with a concealment element plan. Wherever technologically feasible, all equipment and cabling shall be internal to the replacement or new street lighting standard. (Ord. 1048, Sec. 2 (Att. A), 2019)

14.62.320 Modifications 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, then 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, 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. Further, a small wireless facility permit shall not be required for replacing equipment within the equipment enclosure or reconfiguration of fiber or power to the small wireless facility. Right-of-way use permits may be required for such routine maintenance, repair or replacement consistent with Section 14.56.250. (Ord. 1048, Sec. 2 (Att. A), 2019)

14.62.330 Consolidated Permit.

Small wireless facility permits, and right-of-way permits to allow installment of small cell facilities in the public rights-of-way, may be consolidated through the provisions in Section 14.16A.220(g). (Ord. 1048, Sec. 2 (Att. A), 2019)