Fife City Zoning Code

City of Fife. An applicant is responsible for obtaining a lease agreement if the proposed small cell facilities are located on city-owned infrastructure and a franchise agreement if located within the right-of-way. Administrative review of a small cell permit may occur in parallel with the lease and/or franchise process; provided, however, that the small cell permit will not be issued until the applicant is granted a lease and/or franchise by the city.

Noncity Property. An applicant is responsible for obtaining and submitting approval from the owner of any noncity-owned property on which a small cell facility is proposed to be located.

The application shall provide specific locational information including GPS coordinates of all proposed small cell facilities and specify whether the small cell 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. Where another party is responsible for installing such electric and fiber utilities, conduit, cables, and related improvements, the applicant's construction drawings shall 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. Detailed schematics and visual renderings of the small cell facilities, including engineering and design drawings, shall be provided by the applicant. The application shall have sufficient detail to identify:

A concealment design plan, if required based on the location and type of the proposed small cell facility, must be submitted as part of the initial application.

The applicant must show written approval from the owner of any pole or structure for the installation of its small cell facilities on such pole or structure. Such written approval shall include approval of specific poles including the approved method for attachment. 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 or franchise agreement from the city prior to or concurrent with the small cell facility 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.

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

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.

Any application for a small cell facility located in the right-of-way adjacent to a parcel used for any residential use shall demonstrate that it has considered the following:

Any application for a small cell permit which contains an element which is not exempt from SEPA review shall simultaneously apply under Chapter 43.21C RCW and Chapter 17.04 FMC. Further, any application proposing small cell facilities in the city's shoreline jurisdictions (pursuant to the currently adopted shoreline management program) or in critical areas must indicate that the application is exempt or comply with the review processes in such codes.

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

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.

A structural engineer licensed by the state of Washington shall certify in writing, over his or her seal, that the construction plans of the small cell facilities and structure or pole and foundation are designed to reasonably withstand wind and seismic loads or, in the case of a utility-owned structure, provide written confirmation that the pole will support the additional loads.

Applicants shall submit a traffic control plan and other information that would be necessary for a right-of-way work permit under Chapter 12.09 FMC for work within the right-of-way.

Recognizing that small cell facility technology is rapidly evolving, the director 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.

A preapplication meeting is encouraged prior to submitting an application for a small cell permit, and strongly encouraged for large batches of antennas installed in residential neighborhoods. The purpose of a preapplication meeting is to discuss the nature of the proposed deployment of the small cell network, review process and schedule, and applicable plans, policies and regulations.

The city shall make reasonable efforts to issue the small cell permit in a time period that adheres to the presumptively reasonable periods of time set by the FCC and also consistent with any conflicting provisions of state or federal law, and the preservation of the city's health, safety and aesthetic environment.

The director may approve, deny or conditionally approve all or any portion of the sites proposed in the small cell permit application. The denial of one or more small cell facility locations within a batched submission shall not be the sole basis for a denial of other locations or the entire application for small cell facilities.

Any applicant may withdraw an 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 proper 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. These city costs shall be based upon a determination by the director of the total hours expended in project review from the time of project application to time of withdrawal, utilizing an hourly dollar amount for staff time as established in the currently adopted fee schedule. 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.

Any applicant may revise an application. Such revision shall be deemed to supersede the prior application documents. If such revision changes the methods of compliance with this chapter and therefore requires additional review to determine compliance, the director may assess another application fee equal to the amount required to review that application.

Failure of an applicant to provide additional information as requested within 60 days of notice by the director shall be deemed a withdrawal of that application, unless an extension period has been approved by the director.

If the applicant includes small cell facility locations within a residential or mixed-use zone, the director shall provide notice of a complete application for a small cell permit on the city's website with a link to the small cell permit application. The notice shall include an email contact and telephone number for the applicant to answer citizen inquiries.

Review of the site locations proposed by the applicant shall be governed by the provisions of 47 U.S.C. Sections 253 and 332 and other applicable statutes, regulations and case law. Applicants for small cell 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 cell facility permit review under this chapter shall neither prohibit nor have the effect of prohibiting the ability of an applicant to provide telecommunications services.

The director shall use the criteria listed below when deciding upon the application. In addition, the director may approve the application only if:

The director shall approve, approve with conditions or modifications, or deny an application. The director shall include any conditions to ensure consistency with city zoning and utility regulations, and may include mitigation measures proposed under SEPA, if applicable. The applicant carries the burden of proof that a preponderance of the evidence supports approval of the application or approval with conditions or modifications.

Administrative review decisions and SEPA threshold determinations are final decisions, effective on the day issued. The director's decision is the city's final decision on the application and is not subject to administrative appeals.

Appeal to Superior Court. A final decision on small cell permits issued by the director may be appealed to the Pierce County superior court.

The applicant of any permit shall comply with all of the requirements within the small cell permit.

Construction of the small cell facility must be completed within 12 months after the approval date by the city. The applicant may request one extension, to be limited to 12 months, if the applicant cannot construct the small cell facility within the original 12-month period.

Within 30 days after construction of the small cell facility, the applicant shall provide the city with as-builts and site photographs of the small cell facilities, demonstrating compliance with the permit requirements and conditions.

The applicant shall commence operation of the small cell facility no later than six months after installation, which may be extended for an additional six months upon the applicant's request for additional time due to matters beyond its reasonable control. Speculative construction of small cell facilities, without a committed wireless carrier and/or a planned "go live" date, is prohibited.

The applicant must maintain the small cell facilities in safe and working condition. The applicant 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. The construction and design of the site should take into consideration methods and techniques to avoid vandalism and graffiti.

Modification to Small Cell Facilities.

Ground-mounted equipment in the rights-of-way is prohibited, unless such facilities are placed underground or the applicant can demonstrate that pole-mounted or undergrounded equipment is technically infeasible. If the applicant builds an underground vault it should design such vault to allow for co-location of additional equipment. If ground-mounted equipment is necessary, then the applicant shall submit a concealment design plan. Generators located in the rights-of-way are prohibited.

When a batch of antennas are proposed to be installed in a neighborhood, the applicant shall consider full build-out of the batch, and provide an analysis of the cumulative impact from the full batch build-out.

No equipment shall be operated so as to produce noise in violation of Chapter 9.56 FMC, Noise Control.

Small cell facilities are not permitted on traffic signal poles.

Small cell facilities are not permitted on ornamental poles, which are described in the City Standards for Public Works Engineering and Construction Manual. This includes ornamental poles in parks and within city facility grounds.

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

Replacement poles shall be located as near as possible to the existing pole with the requirement to remove the abandoned pole, and shall also be used to serve the purpose of the original pole.

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

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, and any such signage on equipment enclosures shall be of the minimum amount possible to achieve the intended purpose; provided, that signs are permitted as concealment element techniques where appropriate.

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 design plan.

Side arm mounts for equipment enclosures are prohibited. Further, antennas placed on side arm mounts must comply with the requirements in FMC 19.74.090(F), and may not be placed on any preexisting side arm mount that extends over the vehicular portion of the rights-of-way.

Any small cell facility shall be removed by the facility owner or authorized agent within six months of the date it ceases to be operational or if the facility falls into disrepair. "Disrepair," as used in this section, refers to a facility or structure which has become so damaged or deteriorated on account of age, the elements, wear and tear, or other cause that it has become a threat to public safety or would constitute a public nuisance as defined in the Fife Municipal Code.

The preferred location of a small cell facility on a pole is the location with the least visible impact.

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

The city may consider the cumulative visual effects of small cells 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.

Small cell facilities are not permitted on any property containing a residential use in the SFR or SLR zone.

Small cell 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.

The design standards in this section are intended to be used solely for the purpose of concealment and siting. Nothing herein shall be interpreted or applied in a manner which dictates the use of a particular technology, nor prohibits or has the effect of prohibiting the provision of personal wireless services.

The utility pole at the proposed location may be replaced with a taller pole for the purpose of accommodating a small cell facility; provided, that the replacement pole shall not exceed a height that is a maximum of 10 feet taller than the existing pole, unless a further height increase is required and confirmed in writing by the pole owner. Replacement wooden utility poles must either match the approximate color and materials of the replaced pole or shall be the standard new wooden utility pole used by the pole owner in the city.

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. The pole extender shall be painted to approximately match the color of the pole and shall substantially match the diameter of the pole measured at the top of the pole. A "pole extender" as used herein is an object affixed between the utility pole and the antenna for the purpose of increasing the height of the antenna above the pole.

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

Multiple antennas are permitted on a utility pole; provided, that each antenna enclosure shall not be more than three cubic feet in volume, with a cumulative total antenna volume not to exceed 12 cubic feet. Antennas should be placed in an effort to minimize visual clutter and obtrusiveness.

Panel antennas shall not be mounted more than 12 inches from the back of the antenna to the surface of the utility pole.

A canister antenna may be mounted on top of a utility pole, but may not increase the height by more than 10 feet. A canister antenna mounted on the top of a utility pole shall not exceed the diameter of the pole by more than 12 inches, measured at the top of the pole, and shall be colored or painted to match the pole. The canister antenna must be placed to look as if it is an extension of the pole. In the alternative, the applicant may install a side-mounted canister antenna, so long as the inside edge of the antenna is no more than 12 inches from the surface of the utility pole. All cables shall be concealed either within the canister antenna or within a sleeve between the antenna and the utility pole.

An omnidirectional antenna may be mounted on the top of an existing utility 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.

All related equipment, including but not limited to ancillary equipment, radios, cables, associated shrouding, microwaves, and conduit which are mounted on utility 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.

Equipment for small cell facilities must be attached to the utility pole, unless otherwise permitted to be ground-mounted pursuant to FMC 19.74.080(A). The equipment must be placed in the smallest enclosure possible for the intended purpose. The equipment enclosure and all other wireless equipment associated with the utility pole (including but not limited to any conduit, disconnect switches and meters), including wireless equipment associated with the antenna and any preexisting associated equipment on the pole, may not exceed 28 cubic feet. Multiple equipment enclosures may be acceptable if designed to more closely integrate with the pole design and all associated equipment does not cumulatively exceed 28 cubic feet. The applicant is encouraged to place the equipment enclosure behind road signs that may be on the pole, if such road signs are allowed by the pole owner and city code; provided, that such location does not interfere with the operation of the road signs or the small cell facility.

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 but not limited to any conduit on the pole, disconnect switches and meters), including wireless equipment associated with the antenna and any preexisting associated equipment on the pole, does 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 so as to appear as an integrated part of the pole or behind road signs; provided, that such location does not interfere with the operation of the road signs or the small cell facility.

Any equipment or antenna enclosures on poles within the right-of-way must meet WSDOT height clearance requirements.

The visual effect of the small cell facility on all other aspects of the appearance of the utility pole shall be minimized to the greatest extent possible.

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

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 cell.

A concealment design plan shall be prepared for wooden poles within residential zones, or when the facility is proposed adjacent to a residential use in the commercial, industrial and business park zones.

Antennas and the associated equipment enclosures shall be fully concealed within the pole, unless such concealment is otherwise technically infeasible or is incompatible with the pole design; then the antennas and associated equipment enclosures must be camouflaged to appear as an integral part of the pole or flush-mounted (no more than six inches off the pole) to the pole in a manner that integrates the equipment enclosure into the design of the pole and minimizes clutter and visual impact. If the equipment enclosure is permitted on the exterior of the pole, the applicant is encouraged to place the equipment enclosure behind any road signs that may be on the pole; provided, that such location does not interfere with the visibility of the signs or the operation of the small cell facility. For purposes of this section, "incompatible with the pole design" may include a demonstration by the applicant that the visual impact to the pole or the streetscape would be reduced by placing the antennas and equipment exterior to the pole.

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

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.

The height of any replacement pole may not extend more than 10 feet above the height of the existing pole.

The diameter of a replacement pole shall comply with the city's setback and sidewalk clearance requirements, shall not be more than a 25 percent increase in the diameter of the existing pole measured at the base of the pole, and shall comply with the requirements in FMC 19.74.080(F).

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 the diameter of the pole by more than 12 inches, measured at the top of the pole, unless the applicant can demonstrate that more space is needed. The antenna 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, 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 integrated with the pole.

Any equipment or antenna enclosures on poles in the right-of-way must meet WSDOT height clearance requirements.

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

A concealment design plan shall be prepared for light poles and other nonwooden poles within residential zones, or when the facility is proposed adjacent to a residential use in the commercial, industrial and business park zones.

Small cell facilities may be mounted to the sides of a building if the antennas do not interrupt the building's architectural theme.

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

New architectural features such as columns, pilasters, corbels, or other ornamentation that conceals antennas may be used if they complement the architecture of the existing building.

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

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.

Small cell facilities shall be painted and textured to match the adjacent building surfaces.

Small cell facilities shall not be mounted to single-family residences or accessory structures.

The applicant must provide approval from the building owner including consent that the small cell design meets the building owner's design requirements.

New poles within the rights-of-way are only permitted if the applicant can establish that:

Even if an alternative location is established pursuant to subsection (A)(1) of this section, upon request of the applicant, 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 design plan, the city's comprehensive plan and the added benefits to the community.

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.

A concealment design plan shall be prepared for new poles within residential zones, or when the facility is proposed adjacent to a residential use in the commercial, industrial and business park zones.

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