Lacey City Zoning Code

16.68 Wireless

Communication Facilities

The following items are exempt from the provisions of this chapter:

A. Antennas designed to receive video programming from direct broadcast satellites (DBS).

16.68.010 Intent.

The purpose of this ordinance is to establish appropriate locations, site development standards, and permit requirements to allow for wireless communication services to the residents of the city, in a manner which will facilitate the location of various types of wireless communication facilities in permitted locations so they are consistent with the character of the city. Minimizing the adverse visual impact of these facilities is one of the primary objectives of this ordinance. The ordinance is intended to allow wireless communication facilities which are sufficient to allow adequate service to citizens, the traveling public and others within the city and to accommodate the need for connection of such services to wireless facilities in adjacent and surrounding communities. (Ord. 1052 §1, 1997).

16.68.020 Definitions.

A. “Accessory equipment” means any equipment serving or being used in conjunction with a wireless communications facility as defined herein, including, but not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or other structures.

B. “Antenna” means any device used to transmit and/or receive radio or electromagnetic waves such as but not limited to panel antennas, reflecting discs, microwave dishes, whip antennas, directional and non-directional antennas consisting of one or more elements, multiple antenna configurations, or other similar devices and configurations, and exterior apparatus designed for telephone, radio, or television communications through the sending and/or receiving of wireless communications signals. Antennas include the following types:

1. Omni-Directional (or “Whip”) Antenna. Receives and transmits signals in a three hundred-sixty degree pattern, and which is up to fifteen feet in height and up to four inches in diameter.

2. Directional (or “Panel”) Antenna. Receives and transmits signals in a directional pattern typically encompassing an arc of one hundred-twenty degrees.

3. Parabolic (or “Dish”) Antenna. A bowl shaped device that receives and transmits signals in a specific directional pattern.

4. Ancillary Antenna. An antenna that is less than twelve inches in its largest dimension and that is not directly used to provide personal wireless communications services. An example would be a global positioning satellite (GPS) antenna.

5. Other. All other transmitting or receiving equipment not specifically described herein shall be regulated in conformity with the type of antenna described herein which most closely resembles such equipment.

C. “Antenna height” means the vertical distance measured from average building elevation or pole height to the highest point of the antenna, or, if on a rooftop or other structure, from the top of the roof or structure to the highest point of the antenna.

D. “Camouflage,” “concealment” or “camouflage design techniques” means that a wireless communication facility is camouflaged or utilizes camouflage design techniques when any measures are used in the design and siting of wireless communication facilities with the intent to minimize or eliminate the visual impact of such facilities to surrounding uses.

E. “Co-location” means the use of a single support structure or attachment support structure and/or site by a wireless communications provider. When used in the context of an eligible facilities request, “co-location” 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.

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

1. Co-location of new transmission equipment;

2. Removal of transmission equipment; or

3. Replacement of transmission equipment.

G. “Existing” means a constructed tower or base station that was reviewed, approved, and lawfully constructed in accordance with all requirements of applicable laws as of the time it was built; for example, a tower that exists as a legal, non-conforming use and was lawfully constructed is existing for the purposes of this definition.

H. “Equipment enclosure” means a small structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communications signals. Associated equipment may include air conditioning and emergency generators for macrocells only.

I. “FCC” or “Federal Communications Commission” means the federal administrative agency, or lawful successor, authorized to regulate and oversee broadband carriers, services, and providers on a national level.

J. “Macrocell” means a cell used in cellular networks with the function of providing radio coverage to a large area of mobile network access. A macrocell differs from a small cell by offering a larger coverage area and high-efficiency output. Macrocells include all wireless facilities that exceed the size standards described in “small cell wireless communication facilities.” The macrocell is placed on stations where the output power is higher, usually in a range of tens of watts.

K. “Service provider” is defined in accordance with RCW 35.90.010(6). Service providers shall include those infrastructure companies that provide telecommunications services or equipment to enable the deployment of personal wireless services.

L. “Small cell wireless facility” means a wireless communication facility where each antenna is located inside an enclosure of no more than three cubic feet in volume and all equipment associated with antenna is not cumulatively larger than twenty-eight cubic feet in volume. The following associated equipment is included in the calculation of associated equipment volume: electric meter, concealment, telecommunications demarcation box, ground-based enclosure, back-up power systems, grounding equipment, power transfer switch and cut-off switch. The structure on which antenna facilities are mounted is: fifty feet or less, no more than ten percent taller than other adjacent support structures, or not extended to a height of more than fifty feet or by more than ten percent above its preexisting height as a result of the collation of new antenna facilities. Small cell wireless facilities include distributed antenna systems (DAS).

M. “Substantial change” means a modification that substantially changes the physical dimensions of an eligible support structure, if, after the modification, the structure meets any of the following criteria:

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

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

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

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

5. It would undermine the concealment elements of the eligible support structure; or

6. It does not comply with conditions associated with the siting approval of the construction modification of the eligible support structure equipment, unless the non-compliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that would not exceed the thresholds identified in subsections (M)(1), (2), and (3) of this section.

7. For purposes of determining whether a substantial change exists, changes in height are measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to January 10, 2019.

N. “Support structure” means the structure to which antenna and other necessary associated hardware is mounted. Support structures include but are not limited to the following:

1. Lattice tower. A support structure which consists of a network of crossed metal braces, forming a tower which is usually triangular or square in cross-section.

2. Monopole. A support structure which consists of a single pole sunk into the ground and/or attached to a foundation.

3. Existing non-residential structure. Existing structures as specified in LMC 16.68.030 to which antennas may be attached which conform to the requirements of LMC 16.68.030.

4. Existing utility pole.

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

P. “Utility pole” means a structure designed and used primarily for the support of electrical wires, telephone wires, television cable, traffic signals, or lighting for streets, parking areas, or pedestrian paths.

Q. “Wireless communications facility (WCF)” means an unstaffed facility for the transmission and reception of radio or microwave signals used for commercial communications. WCFs are composed of two or more of the following components:

1. Antenna.

2. Support structure.

3. Equipment enclosure.

4. Security barrier. (Ord. 1546 §8, 2019; Ord. 1098 §19(A), 1999; Ord. 1052 §1, 1997).

16.68.025 Review process.

1. All requests to locate macrocell wireless communication facilities in Lacey shall receive site plan review approval pursuant to Section 1C.040 of the City of Lacey Development Guidelines and Public Works Standards or conditional use permit approval pursuant to Section 1C.050 of the City of Lacey Development Guidelines and Public Works Standards.

2. Wireless communication facilities proposed for co-location or location on existing commercial buildings or public structures or public property shall require approval through the site plan review process of Chapter 16.84 LMC.

3. Wireless communication facilities proposed as free-standing support structures shall require conditional use permit approval pursuant to Section 1C.050 of the City of Lacey Development Guidelines and Public Works Standards.

1. All requests to locate small cell wireless/DAS communication facilities in Lacey shall receive site plan review approval pursuant to Section 1C.040 of the City of Lacey Development Guidelines and Public Works Standards.

2. A master permit shall be in place prior to any construction, installation, and/or placement within the city of any WCF or associated equipment.

3. All requests to locate small cell/DAS WCFs in Lacey shall meet requirements in LMC 16.68.050(C) and must be approved prior to installation, and/or placement within the city of any WCF or associated equipment.

4. A right of way (ROW) permit shall be obtained pursuant to Chapters 12.16, 12.22 and 12.28 LMC prior to any construction, installation, and/or placement within the city rights of way.

C. Third Party Review of Submittal Requirements. Because of the complexity of technical data and analysis required for adequate review of proposals, a third party may be contacted for review and analysis of such applications, particularly where disputes arise regarding the capability of meeting city goals, standards or policies in siting these facilities. The third-party analysis will be at the discretion of the community and economic development director and will be at the expense of the applicant. The cost of such analysis will be agreed to and paid prior to processing or any action on the permit application.

D. Shot Clocks for Land Use Approval. The FCC requires municipalities approve or deny a land use application within certain time limits, or “shot clocks,” depending on the type of wireless facility being proposed. The shot clock starts when an application is submitted, with ten days to issue notice of an incomplete application. Shot clocks are tolled by an incomplete application, but resets when supplemental information is submitted. Shot clocks may be extended by mutual agreement between the applicant and the city.

1. Shot clock for colocation on preexisting structures is sixty days.

2. Shot clock for new poles is ninety days. (Ord. 1546 §9, 2019; Ord. 1539 §114, 2019; Ord. 1197 §4, 2002; Ord. 1108 §1, 1999; Ord. 1098 §19(B), 1999; Ord. 1052 §1, 1997).

16.68.026 Conditional use permit exemptions.

A. The following are exempt from the requirement of conditional use permit, and shall be considered a permitted use in all zone districts where WCFs are permitted:

1. Minor modifications of existing WCFs and attached WCFs, whether emergency or routine, so long as there is little or no change in the visual appearance. “Minor modifications” are those modifications, including the addition of antennas, to conforming wireless and attached WCFs that meet the performance standards set forth in this chapter.

2. Macrocell facilities in commercial and industrial zones if no residential uses are located within two hundred feet of the proposed facility. Proposed facilities require site plan review approval pursuant to Section 1C.040 of the City of Lacey Development Guidelines and Public Works Standards.

3. Small cell facilities co-located in the right-of-way to the extent they meet all other applicable requirements in this chapter and Chapter 5.60 LMC and are not in a residential zone.

4. Changes that are not “substantial changes” under the definition in this chapter.

5. Replacement of existing support structure in conformance with the allowances defined in “substantial changes” (LMC 16.68.020(M)). (Ord. 1546 §10, 2019).

16.68.027 Submittal requirements.

A. Applications for Macrocells Proposed under Chapter 16.66 LMC. In addition to the information requested in the conditional use application the following items shall be required for a WCF application:

1. A diagram or map showing the viewshed of the proposed facility.

2. Scaled site and elevation drawings and photosimulations of the proposed facility from affected residential properties and public rights-of-way at varying distances.

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

4. A signed statement indicating:

a. The applicant agrees to allow for the potential co-location of additional WCF requirement by other providers on the applicant’s structure or within the same site location; and

b. That the applicant agrees to remove the facility within eighteen months after that site’s use is discontinued.

5. A lease agreement with the landholder or letter of authorization from the owner allowing the provider to act as an agent for the landowner in a land use application.

6. Evaluation of reasonable camouflage or concealment technology that could be proposed to lessen the visual land use impacts from the facility.

7. Justification must be provided that the structure is necessary and essential, that other methods are not possible, such as use of existing structures (other towers, buildings, etc.) or use of other technological methods such as microcell technology where systems are built as part of cable systems and no towers are needed.

B. Applications submitted under Chapter 16.84 LMC may require additional information the administrator deems necessary to properly evaluate the application.

C. Applications proposed for small cells shall submit, in addition to a site plan review supplemental form:

1. Scaled site and elevation drawings and photosimulations of the proposed facility from affected properties and public rights-of-way at varying distances showing colors, placements, and size of antenna and all associated components of the WCF including radios, power services, all cables, and mounts.

2. A site plan showing the specific placement of the WCF, showing the location of existing structures, trees, and other significant site features.

3. If colocating on any structure, a structural analysis.

4. A lease agreement with the landowner or letter of authorization from the owner allowing the provider to act as an agent for the landowner in a land use application, if siting a small cell on private property. (Ord. 1546 §11, 2019; Ord. 1208 §69, 2003; Ord. 1192 §181, 2002; Ord. 1052 §1, 1997).

16.68.030 Permitted locations.

A. Zoning and land use compatibility shall be a primary consideration in location of WCFs. Industrial, commercial and public properties and existing commercial and industrial buildings with the exception of neighborhood commercial zones shall be encouraged for such use. Residential areas shall normally not be considered except on city property preferably in conjunction with city improvements such as water towers or public buildings.

B. WCFs may be mounted on all currently existing nonresidential buildings in nonresidential zones except as follows:

1. Any building which is an accessory structure to a residence.

2. Buildings which, due to their small size, would be dominated by the facility.

C. Building mounted WCFs must meet the following conditions and criteria:

1. A building mounted WCF may consist of the following:

a. Nonreflective panel antenna(s);

b. Whip antenna(s);

c. Nonreflective parabolic dish;

d. The number of antennas shall be reasonable to accommodate the technology and maintenance compatible with the constraints of the building and prevailing land use.

2. In addition to the overall height limitations in LMC 16.68.040, the antennas should conform to the following general height restrictions relating to the existing building provided the site plan review committee may approve any height it feels is reasonably necessary to meet the requirements of the technology that is also compatible with surrounding land uses so as not to significantly impact the aesthetic character of the area.

a. Fifteen feet measured to the top of a panel antenna above the roof proper of the existing building at the point of attachment.

b. Twenty feet measured to the tip of a whip antenna above the roof proper of the existing building at the point of attachment.

c. Five feet measured to the top of a parabolic dish above the roof proper of the existing building at the point of attachment.

3. Whip antennas shall be camouflaged and located to minimize views from residential structures and rights-of-way.

4. Panel and parabolic antennas shall be adequately screened from residential views and public rights-of-way in a manner that is architecturally compatible with the building on which it is located.

5. Equipment enclosures shall be located within the building in which the facility is placed or located underground if site conditions permit. Otherwise, equipment enclosures shall be screened from view by compatible wall, fences or landscaping.

6. Design review standards of Chapter 14.23 LMC.

D. WCFs requiring construction of a support structure may be located on the site of existing nonresidential uses in nonresidential zones except the following:

1. Areas where support structures may not be effectively screened from view by existing structures.

2. Areas where support structures cannot be adequately set back from the nearest residential use property line or the nearest vacant property zoned for residential use (usually a minimum of fifty feet), measured from the property line.

E. WCFs requiring construction of a support structure must be located on a portion of the site that is effectively isolated from view of residential areas or public rights-of-way by structures or terrain features unless they are integrated or act as an architectural element of the structure, such as a flag pole.

F. WCFs are not allowed on properties zoned for residential use except on public facilities or properties that can accommodate the use with camouflage or concealment technology or screening designed to avoid aesthetic impacts; an example could be a water tower with a camouflaged antenna attached. (Ord. 1546 §12, 2019; Ord. 1108 §2, 1999; Ord. 1052 §1, 1997).

16.68.040 Permitted height.

A. Wireless communication facilities utilizing a free-standing support structure and omni-directional antennas and supporting structures shall be limited to the minimum height reasonably required to accommodate the technology. Support documentation shall be submitted justifying the requested height, which may include a technical analysis from an independent party of the city’s choice. Small cell design requirements, including height limitations, are described in LMC 16.68.050(C).

B. Small cell wireless facilities utilizing a free-standing structure or existing structure on which antenna facilities are mounted shall be fifty feet or less, no more than ten percent taller than other adjacent structures, or not extended to a height of more than fifty feet or by more than ten percent above its preexisting height as a result of the collation of new antenna facilities. (Ord. 1546 §13, 2019; Ord. 1052 §1, 1997).

16.68.050 Site development standards.

A. Free-standing wireless communication facilities shall conform to the following site development standards:

1. Support structures shall be set back from all residential property lines a distance equal to the height of the support structure plus the height of any antennas, and shall comply with all required setbacks of the zoning district in which it is located.

2. Support structures shall be designed and placed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures so as to:

a. Use existing site features to screen as much of the total WCF as possible from prevalent views; and/or

b. Use existing site features as a background so that the total WCF blends into the background with increased sight distances.

3. Relocation of a proposed facility on the site and infill landscaping of mature plant materials consistent with landscaping of the city may be required by the city to make the best use of or to supplement existing trees and vegetation to more effectively screen the facility.

4. Support structures, panel and parabolic antennas, and any associated hardware shall be painted a nonreflective color or color scheme appropriate to the background against which the WCF would be viewed from a majority of points within its viewshed. Natural colors only may be employed and the final colors and color scheme must meet the approval of the city.

5. Equipment enclosures shall conform to the following:

a. Equipment enclosures will be placed underground if site conditions permit and if technically feasible.

b. Equipment enclosures shall be screened from view except as provided in subsection (A)(5)(c) of this section.

c. Walk-in equipment enclosures:

(1) May not be constructed with exposed metal surfaces.

(2) May not be required to be totally screened from view provided the city finds that the walk-in equipment enclosure has been designed using materials, colors, and detailing that produces a structure which emulates the desired character of the zone in which it is located.

6. Security fencing, if used, shall conform to the following:

a. No fence shall exceed six feet in height.

b. Security fencing shall be effectively screened from view through the use of appropriate landscaping materials consistent with requirements of Chapter 16.80 LMC.

c. Chain-link fences shall be painted or coated with a non-reflective color.

B. The city shall consider the cumulative visual effects of WCFs mounted on existing structures and/or located on a given permitted site in determining whether additional permits can be granted so as to not adversely affect the character of the city.

C. Small cell wireless communications facilities shall conform to the following site development standards:

a. All small cell WCFs in the ROW must follow City of Lacey Development Guidelines and Public Works Standards.

b. Ground mounted equipment in the rights of way is prohibited per Chapter 12.22 LMC, unless such facilities are placed underground or the applicant can demonstrate that pole mounted or undergrounded equipment is technically infeasible. If ground mounted equipment is necessary, then the applicant shall submit a concealment element plan.

c. No equipment shall be operated so as to produce noise exceeding requirements in LMC 16.57.030.

d. Small cell wireless communication facilities are not permitted on traffic signal poles.

e. Replacement poles and new poles shall comply with the Americans with Disabilities Act, 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.

f. If proposed antenna and equipment attachments to utility poles cannot meet structural standards set by the city for wind velocity and weight loads, carrier is required to provide a pole replacement before attaching antenna and equipment.

g. Applicant is required, where feasible, to place equipment on poles behind existing signs or banners already attached to poles to assist with camouflaging.

h. Per Puget Sound Energy’s requirements, all applicants must pay for their own electricity through flat-rate billing or metered use.

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

b. The interruption of architectural lines or horizontal or vertical reveal is discouraged.

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

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

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

f. Small cell WCFs shall be painted and textured to match the building surfaces.

a. The wooden 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 ten percent taller than the existing pole.

b. A pole extender may be used instead of replacing an existing pole, but may not increase the height of the existing pole by more than ten percent. The pole extender shall be painted to approximately match the color of the pole and shall substantially match the diameter of the pole measured at the top of the pole.

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

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

e. Panel antennas shall be mounted as close to the surface of the wooden pole as practical.

f. Antennas should be placed in an effort to minimize visual clutter and obtrusiveness. Multiple antennas are not permitted.

g. A canister antenna may be mounted on top of an existing wooden pole, which may not exceed the height requirements described in subsection (C)(3)(a) of this section. A canister antenna mounted on the top of a wooden pole shall not exceed sixteen inches, measured at the top of the pole and shall be colored or painted to match the pole. The canister antenna must be placed to look as if it is an extension of the pole. In the alternative, the applicant may propose a side mounted canister antenna, so long as the inside edge of the antenna is no more than twelve 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.

h. An omni-directional antenna may be mounted on the top of an existing wooden pole, provided such an antenna is no more than four feet in height and is mounted directly on 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.

i. All related cables and equipment shall be flush mounted to the surface of the pole, unless a further distance is technically required and is confirmed in writing by the pole owner.

Figure 16.68.050(C)(3). Acceptable and unacceptable attachments

a. A structural analysis is required to be submitted by applicant. If antennas and equipment to be attached to an existing non-wooden pole cannot meet load or wind requirements, the applicant is required to provide a replacement pole. See subsection (C)(4)(e) of this section.

b. Antennas and the associated equipment enclosures shall be sited and installed in a manner which minimizes the visual impact on the streetscape whether by fully concealing the antennas and associated equipment fully within the pole or through a concealment element plan which provides an equivalent or greater impact reduction. This requirement shall be applied in a manner which does not dictate the technology employed by the service provider nor unreasonably impair the technological performance of the equipment chosen by the service provider.

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

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

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

f. The height of any replacement pole may not extend more than ten feet above the height of the existing pole or the minimum additional height necessary for adequate clearing from electrical wires, whichever is greater.

g. The diameter of a replacement pole shall comply with the city’s setback and sidewalk clearance requirements, ADA requirements, and, if a replacement light, then with the city’s lighting requirements.

h. The use of the pole for the siting of a small cell 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 cell facility becomes unnecessary, the 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.

Figure 16.68.050(C)(4). Acceptable and unacceptable attachments

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

(1) The proposed small cell facility cannot be located on an existing utility pole or light pole, electrical transmission tower or on a site outside of the public rights of way such as a public park, public property, building, or transmission tower.

(2) The new pole is no closer than two hundred fifty feet away radially from another privately-owned freestanding small cell.

(3) The proposed wireless communications facility receives approval for a concealment element design as follows:

(a) 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 of facility associated with the proposed wireless communication facility, including but not limited to fiber and power connections.

(b) The concealment element design should seek to minimize the visual obtrusiveness of wireless communications facility installations. The proposed pole or structure should have similar designs to existing neighboring poles in the rights of way, including to the extent technically feasible similar height. 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 or otherwise integrated into the design of the structure.

(c) If the director has already approved a concealment element design either for the applicant or another wireless communications facility along the same public right of way or for the same pole type, then the applicant shall utilize a substantially similar concealment element design, unless it can show that such concealment element design is not physically or technologically feasible, or that such deployment would undermine the generally applicable design standards.

(d) 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 that are higher than the replaced pole, and the overall height of the replacement and the proposed wireless communication facility is more than fifty feet.

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

Figure 16.68.050(C)(5). Acceptable and unacceptable new poles

(Ord. 1546 §14, 2019; Ord. 1052 §1, 1997).

16.68.060 Co-location.

A. A permittee shall cooperate with other WCF providers in co-locating additional antennas on macrocell support structures and/or on existing buildings provided said proposed co-locators have received an appropriate permit for such use at said site from the city. A permittee shall exercise good faith in co-locating with other providers and sharing the permitted site, provided such shared use does not give rise to a substantial technical level impairment of the ability to provide the permitted use (i.e., a significant interference in broadcast or reception capabilities as opposed to a competitive conflict or financial burden). Such good faith shall include sharing technical information to evaluate the feasibility of co-location. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the city may require a third party technical study at the expense of either or both the applicant and permittee.

B. All applicants shall demonstrate reasonable efforts in developing a co-location alternative for their proposal.

C. Failure to comply with the co-location requirements of this section may result in the denial of a permit request or revocation of an existing permit. (Ord. 1546 §15, 2019; Ord. 1052 §1, 1997).

16.68.070 Technical and safety requirements.

A. Construction and Installation. The construction and installation of antenna support structures, antennas, attachment support structures and equipment enclosures shall be subject to the requirements of the city’s Development Guidelines and Public Works Standards (with structural calculations provided by the applicant’s Washington-licensed engineer), including the city’s electrical code, and all applicable and most current standards published by the Electronics Industries Association/Telecommunications Industries Association (EIA/TIA). For structural components in particular, analysis per the most current TIA-222 is required.

B. WCF Equipment Enclosures. WCF enclosures shall be kept locked at all times and shall be clearly labeled as to the owner, operator, or a person to be contacted in the event of an emergency.

C. Sidewalks. WCFs shall not obstruct an existing public sidewalk or trail or area of public right of way or easement reserved for a future public sidewalk or trail.

D. Street Lanes. WCFs shall not obstruct a traffic lane, parking lane or bicycle lane and shall not create a traffic or sight distance impairment. (Ord. 1546 §16, 2019).

16.68.080 Radio frequency standards.

A. The applicant shall comply with federal standards for radio frequency emissions. Within six months after the issuance of its operational permit, the applicant shall submit a project implementation report which provides cumulative field measurements of radio frequency emissions of all antennas installed at the subject site and compares the results with established federal standards. Said report shall be subject to review and approval of the city for consistency with federal standards. If on review the city finds that the WCF does not meet federal standards, the city may revoke or modify permits.

B. The applicant shall ensure that the WCF will not cause localized interference with the reception of area television or radio broadcasts. If on review the city finds that the WCF interferes with such reception, and if such interference is not cured within sixty days, the city may revoke or modify this permit. (Ord. 1546 §17, 2019; Ord. 1192 §182, 2002; Ord. 1052 §1, 1997).

16.68.090 Technological change and periodic review.

The city recognizes that WCFs and communication technologies in general are currently subject to rapid change. Innovations in such things as switching hardware and software, transmission/receiving equipment, communications protocols, and development of hybrid cable/wireless systems may result in reducing the impacts of individual facilities and to render specific portions of Ordinance 1052 obsolete. The city recognizes the fast pace of this technology and shall have the flexibility to accommodate it where there is a conflict with provisions of Ordinance 1052 where the city considers it reasonable to do so where the purposes of Ordinance 1052 and vision of the city can still be accomplished. (Ord. 1052 §1, 1997).

16.68.100 Land use permit limitations.

A. A permit shall become null, void and non-renewable if the permitted facility is not constructed and placed into use within eighteen months of the date of the city approval, provided that the permit may be extended one time for six months if construction has commenced before expiration of the original time period.

B. The permit shall expire and the applicant must remove the facility if the facility is not put into use within ninety days after construction or if use is discontinued for a period in excess of ninety days. If the facility is not so removed, the city may cause the facility to be removed and all expenses of removal shall be paid by the owner of the land where the facility is located.

C. The applicant shall maintain the WCF to standards that may be imposed by the city at the time of the granting of a permit. Such maintenance shall include, but shall not be limited to, maintenance of the paint, structural integrity and landscaping. If the applicant fails to maintain the facility, the city may undertake the maintenance at the expense of the applicant or terminate the permit, at the city’s sole option.

D. The applicant shall notify the city of all changes in ownership or operation of the facility within sixty days of the change. (Ord. 1546 §18, 2019; Ord. 1052 §1, 1997).

16.68.110 Applicability.

The requirements of this ordinance apply to all new WCFs and the expansion and/or alteration of any existing WCFs; provided that an in-kind or smaller replacement of transmission equipment will only require a written notification to the city. (Ord. 1052 §1, 1997).

16.68.111 Exempt installations.

The following items are exempt from the provisions of this chapter:

A. Antennas designed to receive video programming from direct broadcast satellites (DBS).

B. Antennas designed to receive video programming from multi-channel, multi-point distribution service (MMDS). MMDS is a wireless video service technology that is transmitted terrestrially rather than via satellite.

C. Antennas designed to receive video programming from television broadcast stations.

D. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC.

E. Antennas and related equipment no more than three feet in height that are being stored, shipped or displayed for sale.

F. Radar systems for military and civilian communication and navigation.

G. Licensed amateur (ham) radio stations.

H. Satellite dish antennas less than two meters in diameter, including direct home satellite services, when used as a secondary use of the property.

I. Routine maintenance or repair of a personal wireless service facility and related equipment (excluding structural work or changes in height or dimensions of antennas, tower, or buildings); provided, that compliance with the standards of this title are maintained.

J. Government-owned wireless communications facilities, upon the declaration of a state of emergency by federal, state, or local government, and a written determination of public necessity by the city designee; except that such facilities mush comply with all federal and state requirements. No wireless communications facility shall be exempt from the provisions of this chapter beyond the duration of the state of emergency.

K. Temporary, commercial wireless communications facilities, upon the declaration of a state of emergency by federal, state, or local government, or determination of public necessity by the city requirements. Said wireless communications facilities may be exempt from the provisions of this chapter up to three months after the duration of the state of emergency.

L. Routine maintenance and repair of existing wireless communications facilities. (Ord. 1546 §19, 2019).