Chapter 18.37 TELECOMMUNICATIONS

B. Establish guidelines, standards and time frames for the exercise of local authority with respect to the regulation of telecommunications providers and services.

C. Encourage the provision of advanced and competitive telecommunications services on the widest possible basis to the businesses, institutions, and residents of the city.

D. Permit and manage reasonable access to the rights-of-way of the city for telecommunications purposes on a competitively neutral basis.

E. Assure that all telecommunications carriers providing facilities or services within the city comply with the ordinances, rules and regulations of the city.

F. Minimize potential adverse visual, aesthetic, and safety impacts of telecommunications facilities.

G. Establish objective standards for the placement of telecommunications facilities.

H. Ensure that such standards allow competition and do not unreasonably discriminate among providers of functionally equivalent services.

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

J. Encourage the location or attachment of multiple facilities within or on existing support structures to help minimize the total number and impact of such structures throughout the community. (Ord. 2753 § 1 (Exh. A), 2020)

18.37.020 Applicability.

Any application for a telecommunications facility inside or outside the right-of-way shall comply with the applicable application requirements and design and aesthetic regulations described in this chapter. In addition, telecommunications facilities inside the right-of-way must also obtain a franchise pursuant to chapter 12.90 SMC. (Ord. 2753 § 1 (Exh. A), 2020)

18.37.030 Definitions.

See chapters 12.90 and 18.04 SMC for additional definitions utilized in this chapter. In the event of a conflict of definitions, the definitions in this section control the use within this chapter.

A. “Antenna” means any system of poles, panels, rods, reflecting discs or similar devices used for transmission or reception of radio or electromagnetic frequency signals. For purposes of this definition, the term “antenna” does not include an unintentional radiator, mobile station, or device authorized under 47 CFR Part 15. Small wireless antennas have the definition as set forth in 47 CFR 1.6002.

B. “Macro facility” means a large telecommunications facility that provides radio frequency coverage for a personal wireless service. Generally, macro facility antennas are mounted on ground-based towers, rooftops and other existing structures, at a height that provides a clear view over the surrounding buildings and terrain. Macro facilities typically 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.

C. “Permittee” means a person who has applied for and been issued a telecommunications facility permit.

D. “Small wireless” and “small wireless facility” shall have the same meaning as a “small wireless facility” as set forth in 47 CFR 1.6002.

E. “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).

F. “Telecommunications facilities” means the plant, equipment and property including, but not limited to, cables, wires, conduits, ducts, pedestals, electronics, and other appurtenances used or to be used to transmit, receive, distribute, provide or offer wireline or wireless telecommunications service.

G. “Traffic signal poles” means a pole that supports equipment used for controlling traffic, including but not limited to traffic lights, rapid flashing beacons, speed radar, and school zone flashers.

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

I. “Wireless communication facility” means an unstaffed site containing structural improvements for the transmission and reception of low-power radio signals consisting of antennas, support structure, equipment shelter or cabinet, or related equipment. “Wireless communication facility” does not include small wireless facilities. (Ord. 2753 § 1 (Exh. A), 2020)

18.37.040 General provisions.

A. Telecommunication facilities shall not be considered nor regulated as essential public facilities.

B. Wireless communication facilities as defined in SMC 18.37.030, which do not include small wireless facilities, are allowed in zones consistent with SMC 18.37.110 and require a macro facility permit pursuant to SMC 18.37.050.

C. The following facilities shall be exempt from the requirement to obtain land use permits:

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

2. Temporary wireless communication facilities for emergency communications equipment in anticipation of and during a declared public emergency or emergency exercise.

3. Wireless communication facilities which legally existed or had a vested application on or prior to the effective date of the ordinance codified in this section; except, that this exemption does not apply to modifications of such facilities.

4. Governmentally operated wireless communication facilities for public safety radio systems, ham radio and business radio systems.

5. Any proposed wireless communication facility not specifically listed as a permitted or accessory use in SMC 18.37.110 may not be permitted unless listed in this subsection (C) as exempt. (Ord. 2753 § 1 (Exh. A), 2020)

Article II. Wireless Communication Facilities (Excluding Small Wireless Facilities)

18.37.050 Application process.

In order to manage the rights-of-way in a thoughtful manner which balances the need to accommodate new and evolving technologies with the preservation of the natural and aesthetic environment of the city, the city has adopted this administrative process for the deployment of wireless communications facilities. This article governs the installation and permitting of wireless communication facilities, with the exception of small wireless facilities, which are governed separately in Article IV of this chapter.

A. The director is authorized to establish franchise and other application forms to gather the information required by these ordinances from applicants.

1. Franchise. If the applicant wants to locate their wireless communication facility in the right-of-way, they must apply for, and receive, a franchise consistent with chapter 12.90 SMC. An applicant with an existing franchise for the deployment of wireless communication facilities in the city may apply directly for a wireless communication facility permit and related approvals.

2. Wireless Communication Facility Permits. If the applicant wants to locate their facility outside the right-of-way, or has already received a franchise to locate in the right-of-way, the applicant shall apply for a wireless communication facility permit, as outlined in this chapter. Prior to the issuance of a wireless communication facility permit, the applicant shall pay a permit fee in an amount as determined by the city council and adopted by resolution.

3. Associated Permit(s). The applicant shall attach all associated required permit applications, including applications or checklists required under the city’s critical areas, shoreline or SEPA ordinances.

4. Leases. An applicant who desires to attach a wireless communication facility to any structure or on any property owned by the city shall include an application for a lease as a component of its application. Leases for the use of public property, structures, or facilities shall be submitted to the city council for approval. (Ord. 2753 § 1 (Exh. A), 2020)

18.37.060 Requirements for wireless communication facility application.

A. A preapplication meeting is encouraged prior to submitting an application for a wireless communication facility permit.

B. Each application shall contain the following:

1. The name, address, phone number and authorized signature on behalf of the applicant;

2. If the proposed site is not owned by the city, the name, address and phone number of the owner and a signed document or lease confirming that the applicant has the owner’s permission to construct the wireless communication facility;

3. A statement identifying the nature and operation of the wireless communication facility;

4. A vicinity sketch showing the relationship of the proposed use to existing streets, structures and surrounding land uses, and the location of any nearby bodies of water, wetlands, critical areas or other significant natural or manmade features;

5. Construction drawings as well as a plan of the proposed use showing proposed streets, structures, land uses, open spaces, parking areas, fencing, pedestrian paths and trails, buffers, and landscaping, along with text identifying the proposed use(s) of each structure or area included on the plan;

6. Photo simulations of the proposed facility from public rights-of-way, public properties and affected residentially zoned properties. Photo simulations must include all cable, conduit and/or ground-mounted equipment necessary for and intended for use in the deployment regardless of whether the additional facilities are to be constructed by a third party;

7. A sworn affidavit signed by an RF engineer with knowledge of the proposed project affirming that the wireless communication facility will be compliant with all FCC and other governmental regulations in connection with human exposure to radio frequency emissions for every frequency at which the facility will operate. If facilities which generate RF radiation necessary to the wireless communication facility are to be provided by a third party, then the permit shall be conditioned on an RF certification showing the cumulative impact of the RF emissions on the entire installation;

8. Information necessary to demonstrate the applicant’s compliance with FCC rules, regulations and requirements which are applicable to the proposed wireless communication facility;

9. Information sufficient to establish compliance with SMC 18.37.100(A), Wireless Communication Facility Preference;

10. Information showing compliance with the performance standards outlined in SMC 18.37.100;

11. Information showing compliance with the zone-based restrictions outlined in SMC 18.37.110; and

12. Such additional information as deemed necessary by the director for proper review of the application, and which is sufficient to enable the director to make a fully informed decision pursuant to the requirements of this chapter. (Ord. 2753 § 1 (Exh. A), 2020)

18.37.070 Review procedure for wireless communication facility permit.

A. Review. The director shall review the application for conformance with the application requirements and review criteria to determine whether the application is consistent with this chapter, including but not limited to the performance standards of SMC 18.37.100 and the zone-based restrictions of SMC 18.37.110.

B. Decision. The director will issue a decision in writing. The director may grant a permit, grant the permit with conditions pursuant to this chapter and the code, or deny the permit.

1. Any condition reasonably required to enable the proposed use to meet the standards of this chapter and code may be imposed.

2. If no reasonable condition(s) can be imposed that ensure the application meets such requirements, the application shall be denied.

3. The director’s decision is final. (Ord. 2753 § 1 (Exh. A), 2020)

18.37.080 Review criteria for wireless communication facility permit.

A. No application for a wireless communication facility may be approved unless all of the following criteria, as applicable, are satisfied:

1. The proposed use will be served by adequate public facilities including roads, electricity, and fire protection.

2. The proposed use will not be materially detrimental to the public health, safety and welfare.

3. The proposed use is not in conflict with the comprehensive plan.

4. The proposed use complies with this chapter and all other provisions of this code.

B. The director shall review the application for conformance with the following criteria:

1. Compliance with this chapter.

2. Compliance with prioritized locations pursuant to SMC 18.37.100.

3. Compliance with zone-based standards pursuant to SMC 18.37.110. (Ord. 2753 § 1 (Exh. A), 2020)

18.37.090 Requirements for wireless communication facility permit.

A. The permittee shall comply with all of the requirements within the wireless communication facility permit.

B. The permittee shall allow collocation of a proposed wireless communication facility on the permittee’s site if the permittee has such ownership interest to allow collocation, if it is technically feasible, and unless the permittee demonstrates that collocation will substantially impair the technical operation of the existing wireless communication facility to a substantial degree.

C. The installation of the wireless communication facility shall comply with any governing construction or electrical code including the National Electrical Safety Code, the National Electric Code or state electrical code, as applicable.

D. A wireless communication facility permit issued under this chapter must be substantially implemented within 12 months from the date of final approval or the permit shall expire. The permittee may request one extension to be limited to 12 months, if the applicant cannot construct the wireless communication facility within the original 12-month period.

E. Site Safety and Maintenance. The permittee must maintain the wireless communication facility in safe and working condition. The permittee shall be responsible for the removal of any graffiti or other vandalism and shall keep the site neat and orderly, including but not limited to following any maintenance or modifications on the site. (Ord. 2753 § 1 (Exh. A), 2020)

18.37.100 Performance standards.

The following requirements and performance standards shall apply to any wireless communication structure or facility:

A. Wireless Communication Facility Preference. Proposed antennas, associated structures and placement shall be evaluated, based on available technologies, for approval and use in the following order of preference:

1. Stealth antennas.

2. Attached wireless communication facilities, only when subsection (A)(1) of this section cannot be reasonably accomplished.

3. Wireless communication facilities collocated on a structure that currently hosts another wireless communication facility, only when subsection (A)(1) or (2) of this section cannot be reasonably accomplished.

4. Freestanding wireless communication facilities which extend no more than 15 feet above adjacent existing vegetation or structures, only when subsection (A)(1), (2) or (3) of this section cannot be reasonably accomplished.

5. Freestanding wireless communication facilities which extend more than 15 feet above adjacent existing vegetation or structures, only when subsections (A)(1) through (4) of this section cannot be reasonably accomplished.

If the applicant chooses to construct a new freestanding wireless communication facility, the burden of proof shall be on the applicant to show a wireless communication facility of a higher order of preference cannot reasonably be accommodated on the same or other properties. The city reserves the right to retain a qualified consultant, at the applicant’s expense, to review the supporting documentation for accuracy.

B. Collocation. Shared use of support structures and other associated wireless communication facilities by multiple parties is encouraged. Prior to city approval of any new freestanding transmission tower:

1. The applicant shall provide proof of inability to locate on existing towers in the immediate vicinity due to the following:

a. Refusal of the tower owner to provide space at a fair rate of compensation; or

b. The existing tower location or configuration is incompatible with the applicant’s system.

2. As a condition of city approval of any new freestanding transmission towers, the applicant shall comply with the following requirements:

a. The applicant shall size, design and construct the transmission tower and related equipment to accommodate future collocation, and shall ensure the availability of adequate space to accommodate associated equipment shelters/cabinets.

C. State and Federal Preemption. Federal law prohibits consideration of environmental effects of radio frequency emissions to the extent that the proposed facilities comply with the Federal Communications Commission regulations concerning emissions. All other city regulations shall apply unless specifically preempted by state or federal authority.

D. Visual Impacts. Wireless communication facilities shall be located and installed in such a manner so as to minimize the visual impact on the skyline and surrounding area in the following manner:

1. Antennas may not extend more than 10 feet in low density residential, high density residential, medium density residential, town center, and neighborhood commercial zones, and 15 feet in all other zones, above their supporting structure, monopole, lattice tower, building or other structure, or surrounding vegetation.

2. Site location and development shall preserve the pre-existing character of the surrounding buildings, land use and the zone district to the extent possible, while maintaining the function of the communication equipment. Wireless communication facilities shall be integrated through location, siting and design to blend in with the existing characteristics of the site through application of the following measures:

a. Existing on-site vegetation shall be preserved insofar as possible or improved, and disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the site to the surrounding area.

b. Location of wireless communication facilities close to structures or vegetation of a similar height.

c. Location of wireless communication facilities toward the center of the site, and location of roof-mounted facilities toward the interior area of the roof, in order to minimize view from adjacent properties and rights-of-way.

d. Location of wireless communication facilities within interior side and rear yards.

e. Incorporation of antenna, associated support structure and equipment shelter as a building element or architectural feature.

3. Related shelters used to house wireless communications equipment shall be located within buildings or placed underground when possible. When they cannot be located in buildings or placed underground, equipment shelters or cabinets shall be screened. Alternate methods for screening may include the use of building or parapet walls, sight-obscuring fencing and/or landscaping, screen walls or equipment enclosures.

4. Wireless communication facilities and related equipment shelters shall be of neutral colors such as white, gray, blue, black or green, or similar in building color in the case of facilities incorporated as part of the features of a building, unless specifically required to be painted another color by federal or state authority. Wooden poles are not required to be painted.

E. Signage. No signage, message or identification other than the manufacturer’s identification and FCC required notices are allowed to be portrayed on any antenna, and permitted identification shall not exceed 10 percent of the surface area, and no signage or advertising shall be allowed above the height of the perimeter fencing except for the manufacturer’s identification described above.

F. Lighting and Security. Wireless communication facilities shall not be illuminated except for security reasons or unless required by federal or state authority. Building-mounted lighting and aerial-mounted floodlighting shall be shielded from above in such a manner that the bottom edge of the shield shall be below the light source. Ground-mounted floodlighting or light projecting above the horizontal plane is prohibited between midnight and sunrise. All lighting unless required by the Federal Aviation Authority (FAA) or other federal or state authority shall be shielded so that the direct illumination is confined to the property boundaries of the light source.

G. Minor Modifications. Minor modifications to existing wireless communication facilities, including the installation of additional antenna, for which a valid conditional use permit exists may be approved by the development services director, provided it is determined there is minimal or no change in the visual appearance and said modifications comply with the performance standards set forth in this chapter.

H. Abandonment or Obsolescence. Any wireless communication facility shall be removed by the facility owner or authorized agent within six months of the date it ceases to be operational.

I. Critical Areas. A wireless communication facility shall not be located in a wetland or wetland buffer pursuant to chapter 16.46 SMC or in a wildlife buffer pursuant to chapter 16.56 SMC. (Ord. 2788 § 36, 2021; Ord. 2753 § 1 (Exh. A), 2020)

18.37.110 Regulations on wireless communications facilities by zone.

A. Wireless communication facilities are permitted as principal or accessory uses in LDR-6, LDR-7.2, LDR-8.5, LDR-12, MDR, HDR, RP, town center and NC zones subject to the provisions of this chapter and the following requirements:

1. Accessory antenna devices, parabolic antennas two feet in diameter or less, omnidirectional antennas less than eight feet in length, directional antennas five feet or less in height with a combined surface area of not more than 580 square inches as viewed from any one point, and stealth antennas are permitted subject to the performance standards set forth in SMC 18.37.100 and subject to meeting the following criteria:

a. The antenna is attached to an existing structure; and

b. The antenna does not extend more than 15 feet above the top of the structure.

2. Freestanding parabolic antennas greater than two feet in diameter and associated support structures are allowed subject to the performance standards set forth in SMC 18.37.100 and subject to meeting the following criteria:

a. The antenna and associated support structure are not located within any required landscaped setbacks, front or side yard setback, or in the area located between the front setback line and the front of the building; and

b. The antenna and associated support structure do not extend more than 15 feet above the adjoining grade.

3. Attached or freestanding antennas and associated support structures which are not specifically permitted under subsection (A)(1) or (2) of this section or which exceed the associated criteria shall comply with the following requirements:

a. The antenna and support structure shall be subject to the maximum building height for the corresponding zone in which it is located as set forth in SMC 18.12.070(H) for low density residential zoned property, SMC 18.14.070(G) for medium density residential and for high density residential zoned property, SMC 18.16.070(11) for neighborhood commercial zoned property, and SMC 18.29.070 for the town center zone; said height restrictions shall not be subject to granting of a variance;

b. The antenna and associated support structure shall not be located within any required landscaped setback, front or side yard setback, or in the area located between the front setback line and the front of the building;

c. The antenna and associated structure shall comply with required building setbacks and shall be set back from the required side yard setback an additional one foot for each foot of height over 10 feet;

d. The antenna and associated structure shall comply with the performance standards set forth in SMC 18.37.100; and

e. No more than one freestanding support structure shall be permitted per lot.

B. Wireless Communication Facilities as an Accessory Use in GC, M-1, M-2, ESUV and RES Zones. The following facilities are permitted as accessory uses in general commercial (GC), light manufacturing (M-1), heavy manufacturing (M-2) and resource protection district (RES) zones subject to compliance with the performance standards set forth in SMC 18.37.100 and the following requirements:

1. Accessory antenna devices, parabolic antennas two feet in diameter or less, omnidirectional antennas less than eight feet in length, directional antennas five feet or less in height with a combined surface area of not more than 580 square inches as viewed from any one point, and stealth antennas, and not extending more than 15 feet above the roof surface of the structure;

2. Attached parabolic antennas greater than two feet in diameter, omnidirectional antennas greater than eight feet in length, and directional antennas greater than five feet in height with a combined surface area of more than 580 square inches as viewed from any one point shall also comply with the following requirements:

a. The antenna and associated support structure shall be set back two feet from any exterior building wall for every one foot of height measured from the surface of the roof, except when incorporated as an architectural feature of the building or screened from view from any public right-of-way or residential zone;

3. Freestanding parabolic antennas and associated support structures shall be subject to the following criteria:

a. The antenna and associated support structure are not located within any required landscaping, front or side yard setback, or in the area located between the front setback line and the front of the building.

b. The antenna and associated support structure do not extend more than 15 feet above the adjoining grade.

c. The antenna and associated support structure are screened from view from any public right-of-way or residential zone in accordance with the screening requirements for exterior mechanical devices set forth in SMC 18.16.080(A) for general commercial zoned property and SMC 18.18.060(A) for light manufacturing (M-1) and heavy manufacturing (M-2) zoned property. Resource protection district (RES) zoned property shall conform to the screening requirements for exterior mechanical devices set forth in SMC 18.18.060(A).

C. Wireless Communication Facilities as a Permitted Use in GC, M-1, M-2 and RES Zones. The following facilities are permitted as a primary use in general commercial (GC), light manufacturing (M-1), heavy manufacturing (M-2) and resource protection district (RES) zones subject to compliance with the performance standards set forth in SMC 18.37.100 and the following requirements:

1. Attached accessory antenna devices, parabolic antennas two feet or less in diameter, omnidirectional antennas eight feet or less in length, and directional antennas five feet or less in height with a combined surface area not more than 580 square inches as viewed from any point, and stealth antennas, and not extending more than 15 feet above the roof surface of the structure.

2. Attached parabolic antennas greater than two feet in diameter, omnidirectional antennas greater than eight feet in length, directional antennas greater than five feet in height with a combined surface area of more than 580 square inches as viewed from any one point, and stealth antennas shall also comply with the following requirements:

3. Freestanding antennas and associated support structures shall be subject to the following criteria:

b. The antenna and associated support structure comply with the maximum building height provisions and corresponding setback for structures in the applicable zone, except as follows:

i. If associated support structure can be screened from view from public rights-of-way and residential zones by existing buildings or vegetation as determined by the development services director, the corresponding setback may be reduced; or

ii. If in compliance with performance standards of SMC 18.37.040, an antenna may extend to a height of 120 feet unless the property is in a general commercial zone abutting Main Street or Traffic Avenue or the antenna is in a light manufacturing (M-1) or heavy manufacturing (M-2) zone, which is located west of SR-167 or less than 1,000 feet from any residentially zoned parcel.

c. The equipment shelter or cabinet is screened from view from any public right-of-way or residential zone in accordance with the screening requirements for exterior mechanical devices set forth in SMC 18.16.080(A) for general commercial and SMC 18.18.060(A) for light manufacturing (M-1) and heavy manufacturing (M-2) zones. Screening requirements for the resource protection district (RES) zone shall adhere to the standards set forth in SMC 18.18.060(A) for light manufacturing (M-1) and heavy manufacturing (M-2) zones.

D. Wireless Communication Facilities as a Conditional Use in GC, M-1, M-2 and RES Zones. Freestanding antennas and associated support structures which exceed a height of 120 feet, are in a general commercial (GC) zone abutting Traffic Avenue or Main Street, encroach within required setbacks except as permitted in SMC 18.32.030(C), are in a light manufacturing (M-1) or heavy manufacturing (M-2) zone which is located west of SR-167 or less than 1,000 feet from a residentially zoned parcel, or are not able to comply with one or more of the performance standards set forth in SMC 18.37.100 are only allowed upon issuance of a valid conditional use permit pursuant to chapter 18.48 SMC. (Ord. 2788 § 37, 2021; Ord. 2753 § 1 (Exh. A), 2020)

Article III. Eligible Facility Requests

18.37.120 Definitions.

A. The following definitions shall apply to eligible facilities requests only as described in this article.

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

a. Equipment associated with telecommunications services as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

b. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems (“DAS”) and small wireless networks).

c. Any structure other than a tower that, at the time the relevant application is filed (with jurisdiction) under this section, supports or houses equipment described in subsections (A)(1)(a) and (b) of this section that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.

d. The term does not include any structure that, at the time the eligible facilities request application is filed with the city, does not support or house equipment described in subsections (A)(1)(a) and (b) of this section.

2. “Collocation” means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communication purposes.

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

a. Collocation of new transmission equipment;

b. Removal of transmission equipment; or

c. Replacement of transmission equipment.

4. “Eligible support structure” means any tower or base station as defined in this section; provided, that it is existing at the time the relevant application is filed with the city.

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

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

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

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

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

d. It entails any excavation or deployment outside the current site;

e. It would defeat the concealment elements of the eligible support structure; or

f. It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified above.

7. “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 telecommunications 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.

8. “Transmission equipment” means equipment that facilitates transmission for any FCC-licensed or authorized telecommunication 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 telecommunications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. (Ord. 2753 § 1 (Exh. A), 2020)

18.37.130 Application.

The director shall prepare and make publicly available an application form used to consider whether an application is an eligible facilities request. The application may not require the applicant to demonstrate a need or business case for the proposed modification. (Ord. 2753 § 1 (Exh. A), 2020)

18.37.140 Qualification as an eligible facilities request.

Upon receipt of an application for an eligible facilities request, the director shall review such application to determine whether the application qualifies as an eligible facilities request. (Ord. 2753 § 1 (Exh. A), 2020)

18.37.150 Time frame for review.

Within 60 days of the date on which an applicant submits an eligible facilities request application, the director shall approve the application unless it determines that the application is not covered by 47 CFR 1.40001 and this article. (Ord. 2753 § 1 (Exh. A), 2020)

18.37.160 Tolling of the time frame for review.

The 60-day review period begins to run when the application is filed and may be tolled only by mutual agreement by the director and the applicant or in cases where the director determines that the application is incomplete. The time frame for review of an eligible facilities request is not tolled by a moratorium on the review of applications.

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

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

C. Following a supplemental submission, the director will notify the applicant within 10 days if the supplemental submission did not provide the information identified in the original notice delineating missing information. The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in this section. Second or subsequent notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness. (Ord. 2753 § 1 (Exh. A), 2020)

18.37.170 Determination that application is not an eligible facilities request.

If the director determines that the applicant’s request does not qualify as an eligible facilities request, the director shall deny the application. (Ord. 2753 § 1 (Exh. A), 2020)

18.37.180 Failure to act.

In the event the director fails to approve or deny an application for an eligible facilities request within the time frame for review (accounting for any tolling), the request shall be deemed granted. The deemed granted application does not become effective until the applicant notifies the director in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted. (Ord. 2753 § 1 (Exh. A), 2020)

Article IV. Small Wireless Facilities

18.37.190 Application process.

The city and applicant for a franchise and other permits associated with the deployment of small wireless facilities face challenges in coordinating applicable legislative and administrative processes under the Federal Communications Commission (FCC) regulations. Accordingly, in order to manage its rights-of-way in a thoughtful manner which balances the need to accommodate new and evolving technologies with the preservation of the natural and aesthetic environment of the city, the city of Sumner has adopted this administrative process for the deployment of small wireless facilities. Applicants are encouraged and expected to provide all related applications listed in subsection (B) of this section for each facility in one submittal, unless they have already obtained a franchise or lease.

A. Consistent with SMC 18.37.240, all permits and leases necessary for the deployment of small wireless facilities and, if applicable, an application for franchise, shall be consolidated for review and a decision rendered to the full extent feasible consistent within the presumptive time frames established within federal and state law. Applicants are allowed to apply for franchises or leases independently of an application for a small wireless facility permit.

B. The director is authorized to establish franchise and other application forms to gather the information required by these ordinances from applicants.

1. Franchise. The process typically begins with and depends upon approval of a franchise consistent with chapter 12.90 SMC if the applicant desires to deploy their facilities in the right-of-way. An applicant with a franchise for the deployment of small wireless facilities in the right-of-way may apply directly for a small wireless facility permit and related approvals. An applicant at its option may utilize phased deployment.

2. Small Wireless Facility Permits. If the applicant desires to locate outside the rights-of-way, or has already obtained a franchise to deploy inside the rights-of-way, the applicant may apply directly for a small wireless facility permit. The application requires specification of the small wireless facility components and locations as further required in the small wireless permit application described in SMC 18.37.200. Prior to the issuance of a small wireless facility permit, the applicant shall pay a permit fee in an amount as determined by the city council and adopted by resolution, or the actual costs incurred by the city in reviewing such permit application.

3. Associated Permit(s). The applicant shall attach all associated required permit applications and applications or checklists required under the city’s critical areas, shoreline or SEPA ordinances. Applicants for deployment of small wireless facilities in city design zones or for new poles shall also comply with the requirements in SMC 18.37.270.

4. Leases. An applicant who desires to attach a small wireless facility to any structure owned by the city shall include an application for a lease as a component of its application. Leases for the use of public property, structures, or facilities shall be submitted to the city council for approval. (Ord. 2753 § 1 (Exh. A), 2020)

18.37.200 Requirements for small wireless permit applications.

The following information shall be provided by all applicants for a small wireless permit:

A. The application shall provide specific locational information including GIS coordinates of all proposed small wireless facilities and specify where the small wireless facilities will utilize existing, replacement or new poles, towers, existing buildings and/or other structures. Ground-mounted equipment, conduit, junction boxes and fiber and electrical connections necessary for and intended for use in the deployment shall also be specified regardless of whether the additional facilities are to be constructed by the applicant or leased from a third party. Detailed schematics and visual renderings of the small wireless facilities, including engineering and design standards, shall be provided by the applicant. The application shall have sufficient detail to identify:

1. The location of overhead and underground public utility, telecommunication, cable, water, sewer drainage and other lines and equipment in the rights-of-way along the proposed route;

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

3. Compliance with the aesthetic requirements of SMC 18.37.260 and 18.37.270 as applicable.

B. The applicant must show written approval from the owner of any pole or structure for the installation of its small wireless facilities on such pole or structure. To the extent that the pole or structure is not owned by the property owner, the applicant shall demonstrate in writing that they have authority from the property owner to install the small wireless facility on the pole or structure. Such written approval shall include approval of the specific pole, engineering and design standards from the pole owner, unless the pole owner is the city. Submission of the lease agreement between the owner and the applicant is not required. For city-owned poles or structures, the applicant must obtain a lease from the city prior to or concurrent with the small wireless permit application and must submit as part of the application the information required in the lease for the city to evaluate the usage of a specific pole. Notice to applicants: the city does not own all poles within the city and the approval required here must come from the owner of each pole upon which applicant proposed to install facilities.

1. If the application is for a new or replacement light pole, then the applicant must provide a photometric analysis.

C. 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.

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

1. Whether the proposed small wireless facility could be located on a street corner rather than in the middle of a block.

2. Whether a small wireless facility is currently installed on an existing pole in front of the same residential parcel. If a small wireless facility exists, then the applicant must demonstrate that no technically feasible alternative location exists which is not in front of the same residential parcel.

3. Whether the proposed small wireless facility can be reasonably screened from residential view by choosing a pole location that is not directly in front of a window or views.

E. Any application for a small wireless permit which contains an element which is not exempt from SEPA review shall simultaneously apply under chapters 43.21C RCW and 16.04 SMC. Further, any application proposing small wireless facilities in shoreline management zones must indicate that the application is exempt or comply with the review processes in such codes.

F. The applicant shall submit a sworn affidavit signed by an RF engineer with knowledge of the proposed project affirming that the small wireless facilities will be compliant with all FCC and other governmental regulations in connection with human exposure to radio frequency emissions for every frequency at which the small wireless facility will operate. If facilities which generate RF radiation necessary to the small wireless facility are to be provided by a third party, then the small wireless permit shall be conditioned on an RF certification showing the impact of the RF emissions on the entire installation. The applicant may provide one emissions report for the entire small wireless deployment if the applicant is using the same small wireless facility configuration for all installations within that batch or may submit one emissions report for each subgroup installation identified in the batch.

G. The applicant shall provide proof of FCC and other regulatory approvals required to provide the service(s) or utilize the technologies sought to be installed.

H. A professional engineer licensed by the state of Washington shall certify in writing, over his or her seal, that both construction plans and final construction of the small wireless facilities and structure or pole and foundation are designed to reasonably withstand wind and seismic loads as established by the International Building Code. Further, the construction drawings shall depict all existing and proposed improvements related to the proposed location, including but not limited to poles, driveways, ADA ramps, equipment cabinets, street trees and structures within 250 feet from the proposed site. 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 wireless facility.

I. The small wireless facility permit shall include those elements that are typically contained in the right-of-way permit pursuant to chapter 12.08 SMC, including a traffic control plan, to allow the applicant to proceed with the build-out of the small wireless facility deployment.

J. Recognizing that small wireless facility technology is rapidly evolving, the city is authorized to adopt and publish standards for the technological and structural safety of city-owned structures and to formulate and publish application questions for use when an applicant seeks to attach to city-owned structures. (Ord. 2753 § 1 (Exh. A), 2020)

18.37.210 Review procedure for small wireless facilities permit.

A. In any zone, upon application for a small wireless permit, the city will permit small wireless deployment conforming to the city’s generally applicable development and design and concealment standards in SMC 18.37.260 and 18.37.270, except as provided in subsection (B) of this section.

B. Deployments on New Poles or in Design Zones. Small wireless deployment on new non-city-owned poles, or replacement poles, or deployments in design zones shall comply with the design and concealment standards in SMC 18.37.270.

C. Review of Facilities. Review of the site locations proposed by the applicant shall be governed by the provisions of 47 USC §§ 253 and 332 and other applicable statutes, regulations and case law. As applicable, applicants for franchises and the small wireless facility permits shall be treated in a competitively neutral and nondiscriminatory manner with other service providers, utilizing supporting infrastructure which is functionally equivalent, that is, service providers whose facilities are similarly situated in terms of structure, placement, or cumulative impacts. Small wireless facility permit review under this chapter shall neither prohibit nor have the effect of prohibiting the ability of an applicant to provide telecommunications services.

D. Final Decision. The director shall review and make a determination on all applications to site small wireless facilities as a Type I permit decision. Type I decisions require no public notice and are appealable only through the judicial system.

E. Withdrawal. Any applicant may withdraw a small wireless facility permit application at any time, provided the withdrawal is in writing and signed by all persons who signed the original application or their successors in interest. When a withdrawal is received, the application shall be deemed null and void. If such withdrawal occurs prior to the director’s decision, then reimbursement of fees submitted in association with said application shall be prorated to withhold the amount of city costs incurred in processing the application prior to time of withdrawal. If such withdrawal is not accomplished prior to the director’s decision, there shall be no refund of all or any portion of such fee.

F. Supplemental Information. Failure of an applicant to provide additional information as requested by the director within 60 days of notice by the director shall be deemed a denial of that application, unless an extension period has been approved by the director. (Ord. 2753 § 1 (Exh. A), 2020)

18.37.220 Review criteria for small wireless facilities permit.

A. No Type I small wireless facility permit shall be approved unless the following criteria, as applicable, is demonstrated:

1. The small wireless facility’s vertical clearance does not pose a hazard to other users of the rights-of-way.

2. Replacement poles and new poles comply with the Americans with Disabilities Act (ADA), city construction and sidewalk clearance standards, traffic warrants, city ordinances, and state and federal statutes and regulations in order to provide a clear and safe passage within the rights-of-way.

3. The location of any replacement pole or new pole must be physically possible, cannot obstruct vehicular or pedestrian traffic or the clear zone, not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not adversely affect the public welfare, health, or safety.

4. No equipment shall be operated so as to produce noise in violation of chapter 8.14 SMC.

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

6. Small wireless facilities conform to the city’s generally applicable development and design and concealment standards in SMC 18.37.260 and 18.37.270. (Ord. 2753 § 1 (Exh. A), 2020)

18.37.230 Requirements for small wireless facility permit.

A. The permittee shall comply with all requirements within the small wireless permit.

B. Governing Construction or Electrical Code. All installations of small wireless facilities shall comply with any governing construction or electrical code including the National Electrical Safety Code, the National Electric Code or state electrical code, as applicable.

C. Electrical Connection. The permittee is responsible for providing or arranging for electricity to small wireless facilities. Any third-party utility providing such electricity shall obtain a franchise from the city prior to operating in the rights-of-way.

D. Transport/Telecommunications Connection. The permittee is responsible for providing transport connectivity (i.e., fiber) to small wireless facilities. Any third-party utility providing such transport connectivity shall obtain a franchise and any necessary permits from the city prior to operating in the rights-of-way.

E. Post-Construction As-Builts. Upon request, the permittee shall provide the city with as-builts and site photographs of the small wireless facilities within 30 days after construction of the small wireless facility, demonstrating compliance with the permit.

F. Permit Time Limit. Construction of the small wireless facility must be completed within 12 months after which the permit automatically expires, unless the delay is caused by electrical or transport providers. In that event the applicant may request an additional 12-month extension.

G. Site Safety and Maintenance. The permittee must maintain the small wireless facilities in safe and working condition. The permittee shall be responsible for the removal of any graffiti or other vandalism and shall keep the site neat and orderly, including but not limited to following any maintenance or modifications on the site.

H. Operational Activity. The grantee shall commence operation of the small wireless facility no later than 12 months after installation and may request one extension for an additional six-month period if grantee can show that such operational activity is delayed due to inability to connect to electrical or backhaul facilities.

I. Modifications. If a grantee desires to make a modification to an existing small wireless facility, including but not limited to expanding or changing the antenna type, increasing the equipment enclosure, placing additional pole-mounted or ground-mounted equipment, or modifying the concealment elements, then the applicant shall apply for a small wireless facility permit.

J. Exceptions to Modifications. A small wireless facility permit shall not be required for routine maintenance and repair of a small wireless facility within the rights-of-way, or the replacement of an antenna or equipment of similar size, weight, and height; provided, that such replacement does not defeat the concealment elements used in the original deployment of the small wireless facility, if any; 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. (Ord. 2753 § 1 (Exh. A), 2020)

18.37.240 Consolidated permit.

A. The issuance of a small wireless permit grants authority to construct small wireless facilities in the rights-of-way in a consolidated manner to allow the applicant, in most situations, to avoid the need to seek duplicative approval by both the public works and the development services department. As an exercise of police powers pursuant to RCW 35.99.040(2), the small wireless facility permit is not a right-of-way use permit, but instead a consolidated public works and land use permit and the issuance of a small wireless facility permit shall be governed by the time limits established by federal law for small wireless facilities.

B. The general standards applicable to the use of the rights-of-way contained in this code shall apply to all small wireless facility permits. (Ord. 2753 § 1 (Exh. A), 2020)

18.37.250 Design zones.

A. The following areas are designated as design zones for the purpose of siting small wireless facilities:

1. Town Center Plan Area.

a. Valley Avenue East/Cannery Way from Houston Road East to Traffic Avenue;

b. Main Street within plan boundary;

c. Traffic Avenue/Fryar Avenue from SR-410 to Zehnder Street;

d. West Main Street within plan boundary;

e. Thompson Street from Traffic Avenue to Loyalty Park;

f. “Activity nodes” and “public spaces” identified in town center plan (Figure 16);

2. Downtown Corridors and Gateways.

a. Main Street from town center plan boundary to 160th Avenue East;

b. Valley Avenue within 150 feet of Main Street intersection;

3. East Sumner Neighborhood.

a. Main/60th Street East from 160th Avenue East to Sumner-Tapps Highway;

b. 160th Avenue East from 60th Street East to 64th Street East;

c. 64th Street East from 160th Avenue East to Sumner-Tapps Highway;

4. Historic Sites and Parks.

a. Within 150 feet of any listed historic site;

b. Within 150 feet of a public park located within an adopted neighborhood plan area (e.g., town center plan area).

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 200 feet of the proposed site and outside of the design zone.

C. Applications for small wireless facilities within design zones are approved or denied by the director and must comply with a concealment element design described in SMC 18.37.150. (Ord. 2753 § 1 (Exh. A), 2020)

18.37.260 Design and concealment standards.

Small wireless facility deployments permitted in accordance with this chapter shall conform to the following design standards:

A. Small wireless facilities attached to existing or replacement nonwooden light poles and nonwooden utility poles inside and outside the right-of-way shall conform to the following design criteria:

1. Upon adoption of a city standard small wireless facility pole design(s) within the city’s development specifications and standard details, an applicant shall first consider using or modifying the standard pole design to accommodate its small wireless facility without substantially changing the outward visual and aesthetic character of the design. The applicant, upon a showing that use or modification of the standard pole design is either technically or physically infeasible, or that the modified pole design will not comply with the city’s ADA sidewalk clearance requirements and/or would violate electrical or other safety standards, may deviate from the adopted standard pole design and use the design standards as further described in this subsection (A).

2. The applicant shall minimize to the extent possible the antenna and equipment space and shall use the smallest enclosure technically necessary to fit the equipment and antennas. The antennas and equipment shall be located consistent with subsection (E)(1) of this section.

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

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

5. An antenna on top of an existing pole may not extend more than six feet above the height of the existing pole and the diameter may not exceed 16 inches, measured at the top of the pole, unless the applicant can demonstrate that more space is technically necessary. The antennas and any extension shall be integrated into the pole design so that it appears as a continuation of the original pole, including colored or painted to match the pole, and shall be shrouded or screened to blend with the pole. All cabling and mounting hardware/brackets from the bottom of the antenna to the top of the pole shall be fully concealed and integrated with the pole.

6. Any replacement pole shall substantially conform to the design of the pole it is replacing or the neighboring pole design standards utilized within the contiguous right-of-way.

7. The height of any replacement pole may not extend more than 10 feet above the height of the existing pole or the minimum additional height necessary, whichever is less; provided, that the height of the replacement pole cannot be extended further by additional antenna height.

8. The diameter of a replacement pole shall comply with the city’s setback and sidewalk clearance requirements and shall, to the extent technically feasible, not be more than a 25 percent increase of the existing nonwooden pole measured at the base of the pole, unless additional diameter is needed in order to conceal equipment within the base of the pole, and shall comply with the requirements in subsection (E)(5) of this section.

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

B. Wooden Pole Design Standards. Small wireless facilities located on wooden poles inside the right-of-way and in public easements shall conform to the following design criteria:

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

2. A pole extender may be used instead of replacing an existing pole but may not increase the height of the existing pole by more than 10 feet, unless a further height increase is required and confirmed in writing by the pole owner and that such height increase is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities. A pole extender, as used herein, is an object affixed between the pole and the antenna for the purpose of increasing the height of the antenna above the pole. The pole extender shall be painted to approximately match the color of the pole and shall substantially match the diameter of the pole measured at the top of the pole.

3. Replacement wooden poles shall either match the approximate color and materials of the replaced pole or shall be the standard new wooden pole used by the pole owner in the city.

4. Antennas, equipment enclosures, and all ancillary equipment, boxes and conduit shall be colored, tinted, or painted to match the approximate color of the surface of the wooden pole on which they are attached.

5. The interior edge of an antenna shall not be mounted more than 12 inches from the surface of the wooden pole.

6. Antennas should be placed in an effort to minimize visual clutter and obtrusiveness. Multiple antennas are permitted on a wooden pole; provided, that each antenna enclosure shall not be more than three cubic feet in volume.

7. A canister antenna may be mounted on top of an existing wooden pole, which may not exceed the height requirements described in subsection (B)(1) of this section. A canister antenna mounted on the top of a wooden pole shall not exceed 16 inches in diameter, measured at the top of the pole, and shall be colored or painted to match the pole. The canister antenna shall be placed to look as if it is an extension of the pole. In the alternative, the applicant may propose a side-mounted canister antenna, so long as the inside edge of the antenna is no more than 12 inches from the surface of the wooden pole. All cables shall be concealed either within the canister antenna or within a sleeve between the antenna and the wooden pole.

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

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

10. All related equipment, including but not limited to ancillary equipment, radios, cables, associated shrouding, microwaves, and conduit, which is mounted on wooden poles shall not be mounted more than six inches from the surface of the pole, unless a further distance is technically required, and is confirmed in writing by the pole owner.

11. Equipment for small wireless facilities shall be located consistent with subsection (E)(1) of this section. If equipment is allowed to be located on the pole, the equipment must be placed in the smallest enclosure possible for the intended purpose.

12. 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.

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

14. The diameter of a replacement pole shall comply with the requirements listed in subsection (E) of this section.

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

C. Small wireless facilities attached to existing buildings 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 they complement the architecture of the existing building.

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

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

6. Small wireless facilities shall be colored, painted and textured to match the adjacent building surfaces, to the extent technically feasible.

D. Small wireless facilities mounted on cables strung between existing utility poles inside the right-of-way shall conform to the following standards:

1. Each strand-mounted facility shall not exceed four cubic feet in volume;

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

3. The pole must be able to support the necessary load requirements of the strand-mounted facility;

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

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

6. Ground-mounted equipment to accommodate a shared mounted facility is not permitted except when placed in pre-existing equipment cabinets;

7. Pole-mounted equipment shall comply with the requirements of subsections (D)(1) and (2) of this section;

8. Such strand-mounted devices shall be installed to cause the least visual impact and without excess exterior cabling or wires (other than the original strand); and

9. Strand-mounted facilities are prohibited on nonwooden poles, unless the existing pole has pre-existing communication wirelines.

E. General Requirements for All Installation Types.

1. All equipment, except antennas and conduit, shall be located on the pole, completely concealed within the pole, or placed on private property consistent with the regulations identified in subsections (E)(1)(a), (b), and (d) of this section unless the applicant can demonstrate that each of those allowed locations are technically infeasible, in which case the equipment may be placed in accordance with subsection (E)(1)(c) or (e) of this section. Even if one of the designated equipment locations is technically feasible, the director may determine that equipment located in the nonpreferred location is in fact a superior alternative based on the impact to the city, its residents, the city’s comprehensive plan and/or the added benefits to the community.

a. Concealed Completely Within the Pole or Pole Base. If antennas and associated equipment enclosures (including disconnect switches and other appurtenant devices) are located within the pole or pole base, they shall be fully concealed within the pole. Further, if located within the pole base, the base shall meet the ADA requirements and not impact the pedestrian access route.

b. Located on a Pole. If located on a pole, antennas and the associated equipment enclosures (including disconnect switches and other appurtenant devices) must be colored, tinted, or painted to match the approximate color of the surface of the pole and appear as an integral part of the pole or flush mounted to the pole, meaning for antennas no more than 12 inches off of the pole and for associated equipment no more than six inches off the pole, and must be the minimum size necessary for the intended purpose, but in no event shall any antenna exceed three cubic feet in volume. The equipment enclosure and all other wireless equipment associated with the pole (including but not limited to conduit), including wireless equipment associated with the antenna and any pre-existing associated equipment on the pole, may not exceed 28 cubic feet. Multiple equipment enclosures may be acceptable if designed to more closely integrate with the pole design and do not cumulatively exceed 28 cubic feet. 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 or the equipment itself. The applicant may propose a side-mounted canister antenna, so long as the inside edge of the antenna is no more than six inches from the surface of the pole. All cables shall be concealed either within the canister antenna or within a sleeve between the antenna and the pole.

c. Underground in a Utility Vault. If located underground, the access lid to the equipment enclosure shall be located outside the footprint of any pedestrian curb ramp and shall have a nonskid surface meeting ADA requirements if located within an existing pedestrian access route. Antennas are not subject to this subsection due to technological limitations of such placement.

d. On Private Property. If located on private property, the applicant shall submit a copy of a letter of authority from the private property owner prior to the small wireless facility permit issuance. Any such installation on private property must conform to all applicable regulations, including but not limited to zoning regulations, that apply to that property.

e. On the Ground in the Right-of-Way. If the equipment is located on the ground in the right-of-way, the equipment enclosure on the ground and all other wireless equipment associated with the pole (including but not limited to conduit), including wireless equipment associated with the antenna and any pre-existing associated equipment on the pole, may not exceed 28 cubic feet. The equipment located on the ground shall be placed within one enclosure not to exceed four feet in height. Such enclosure must be colored and designed in a manner that minimizes the visual impact of the enclosure. The location of the equipment on the ground must comply with all applicable setback and access requirements including ADA requirements. Prior to the issuance of any permit related to a facility which includes ground-mounted equipment in the right-of-way, the applicant must obtain a site-specific agreement from the city to locate such ground-mounted equipment.

2. 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-existing associated equipment on the pole does not exceed 28 cubic feet. The unified enclosure may not be placed more than 12 inches from the surface of the pole. 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 or the equipment itself. Requirements related to the location of equipment as outlined in subsection (E)(1) of this section do not apply if the antennas and equipment are located within one unified enclosure.

3. In the event power is later undergrounded in an area where small telecommunication facilities are located above ground on utility or light poles, the small telecommunication facilities shall be removed and may be replaced with a facility meeting the design standards for new poles in SMC 18.37.160.

4. No equipment shall be operated so as to produce noise in violation of chapter 8.14 SMC.

5. Small wireless facilities are not permitted on traffic signal poles unless denial of the siting could be a prohibition or effective prohibition of the applicant’s ability to provide telecommunications service in violation of 47 USC §§ 253 and 332.

6. Replacement poles and new poles shall comply with the Americans with Disabilities Act (ADA), city construction and sidewalk clearance standards, city ordinances, and state and federal laws and regulations in order to provide a clear and safe passage within the right-of-way. Further, the location of any replacement or new pole shall be physically possible; comply with applicable traffic warrants; not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices); and not adversely affect the public welfare, health or safety.

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

8. No signage, message or identification other than the manufacturer’s identification or identification required by governing law is allowed to be portrayed on any antenna or equipment enclosure or on the pole. Any permitted signage shall be located either on the equipment enclosures or in the location required by law and be of the minimum size necessary to achieve the intended or required purpose (no larger than four by six inches unless required by law); provided, that signs are permitted as concealment element techniques where appropriate.

9. 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.

10. Sidearm mounts for antennas or equipment shall be the minimum extension necessary and the inside edge of the antenna may be no more than 12 inches from the surface of the pole.

11. The preferred location of a small wireless facility on a pole is the location with the least visual impact.

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

13. Except for locations in the right-of-way, small wireless facilities are prohibited on any property containing a residential use in the residential zones. Except where small wireless facilities are intended to be located more than 400 feet from a right-of-way and within an access easement over residential property, the location may be allowed if the applicant affirms that they have property owner permission to locate the facility in the desired location, that the property owner where the facility will be installed has authority to grant such permission to locate the facility and related infrastructure at the designated location pursuant to the terms of the access easement, that the installation is allowed by and consistent with the access easement, that such installation will not frustrate the purpose of the easement or create any access or safety issue, and shall be in compliance with all land use regulations such as, but not limited to, setback requirements.

14. The city may consider the cumulative visual effects of small wireless facilities mounted on poles within the right-of-way when assessing proposed siting locations so as to not adversely affect the visual character of the city. This provision shall not be applied to limit the number of permits issued when no alternative sites are reasonably available nor to impose a technological requirement on the applicant.

15. 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 effectively prohibit the applicant from providing a wireless service, alternative forms of concealment or deployment may be permitted which provide similar or greater protections from negative visual impacts to the streetscape. (Ord. 2753 § 1 (Exh. A), 2020)

18.37.270 New poles in the right-of-way for small wireless facility deployments and installations in design zones.

A. New poles within the right-of-way or for installations in a design zone 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 right-of-way such as a public park, public property, building, transmission tower or in or on a nonresidential use in a residential zone whether by roof or panel-mount or separate structure;

2. The proposed small wireless facility complies with the applicable requirements of SMC 18.37.260(E);

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

4. The proposed small wireless facility complies with SEPA, if applicable; and

5. No new poles shall be located in a critical area or associated buffer required by the city’s natural resource and critical areas ordinance (SMC Title 16, Division III), except when determined to be exempt pursuant to said ordinance.

B. An application for a new pole or installation in a design zone is subject to review and approval or denial by the director.

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

1. If the director has already approved a concealment element design either for the applicant or another small wireless facility along the same public right-of-way or for the same pole type, then the applicant shall utilize a substantially similar concealment element design, unless it can show that such concealment element design is not physically or technically feasible, or that such deployment would undermine the generally applicable design standards; in such case, the applicant shall propose a concealment element design.

2. The concealment element design should seek to minimize the visual obtrusiveness of the small wireless facility. The proposed pole or structure should have similar designs to existing neighboring poles in the right-of-way, including similar height, to the extent technically feasible. If the proposed small wireless facility is placed on a replacement pole, then the replacement pole shall be of the same general design as the pole it is replacing unless the director otherwise approves a variation due to aesthetic or safety concerns. Any concealment element design for a small wireless facility should attempt to mimic the design of such pole and integrate the small wireless facility into the design of the pole. Other concealment methods include, but are not limited to, integrating the installation with architectural features or building design components; utilization of coverings or concealment devices of similar material, color, and texture, or the appearance thereof, as the surface against which the installation will be seen or on which it will be installed; landscape design; or other camouflage strategies appropriate for the type of installation. Applicants are required to utilize designs in which all conduit and wirelines are installed internally in the structure.

D. Even if an alternative location is established pursuant to subsection (A)(1) of this section, the director may approve an application for a new pole in the right-of-way if it is in fact a superior alternative based on the impact to the city, the concealment element design, the city’s comprehensive plan and the added benefits to the community.

E. Prior to the issuance of a permit to construct a new pole or ground-mounted equipment in the right-of-way, the applicant must obtain a site-specific agreement from the city to locate such new pole or ground-mounted equipment. This requirement also applies to replacement poles when the replacement is necessary for the installation or attachment of small cell facilities, the replacement structure is higher than the replaced structure, and the overall height of the replacement structure and the small cell facility is more than 60 feet.

F. These design standards are intended to be used solely for the purpose of concealment and siting. Nothing herein shall be interpreted or applied in a manner which dictates the use of a particular technology. When strict application of these requirements would unreasonably impair the function of the technology chosen by the applicant, alternative forms of concealment or deployment may be permitted which provide similar or greater protections of the streetscape. (Ord. 2753 § 1 (Exh. A), 2020)