Service Facilities
See LMC 18A.10.180 for definitions relevant to this chapter. [Ord. 726 § 2 (Exh. B), 2019.]
The purpose of this chapter is to regulate the placement, construction and modification of wireless communication facilities, in order to protect the health, safety and welfare of the public, while not unreasonably interfering with the development of the competitive wireless telecommunication marketplace in the City. Among the purposes included are to:
A. Minimize potential adverse visual, aesthetic, and safety impacts of all wireless service facilities.
B. Establish objective standards for the placement of wireless service facilities.
C. Ensure that such standards allow competition and do not unreasonably discriminate among providers of functionally equivalent services.
D. Encourage the design of such wireless service facilities to be aesthetically and architecturally compatible with the surrounding built and natural environments where possible.
E. Encourage the collocation or attachment of wireless service facilities on existing support structures to help minimize the total number and impact of such structures throughout the community. [Ord. 726 § 2 (Exh. B), 2019.]
The placement of any wireless service facility in any location within the City is subject to the provisions of this chapter except those specifically exempted under LMC 18A.95.040.
A. Permit Required. Any person holding a license from the FCC to provide wireless services who desires to place any wireless service facility within the boundaries of the City must apply to the City for the appropriate wireless service facility permit.
B. Lease Required. In addition to the requirement of obtaining the appropriate wireless service facility permit, if all or a portion of the wireless service facility will be located upon a City-owned structure, or upon nonright-of-way property which is either City-owned or City-leased, the applicant shall be required to enter into a lease agreement with the City for the use of the City property.
C. Franchise Required. In addition to the requirement of obtaining the appropriate wireless communication facility permit, if all or a portion of the wireless communication facility will be located within the City’s right-of-way, the applicant shall be required to enter into a franchise agreement with the City for the use of the City’s right-of-way.
D. Nonconforming Structure or Use. Wireless service facilities existing before April 28, 1998, or those with permits issued by the City after April 28, 1998, but prior to the effective date of the ordinance codified in this title, which do not meet the requirements of this chapter shall be allowed to continue as they presently exist, but shall be considered nonconforming uses for the purposes of this title and subject to Chapter 18A.20 LMC, Article II, as applicable; provided, that any such wireless service facility may be modified through an eligible facility request pursuant to Article III of this chapter. [Ord. 726 § 2 (Exh. B), 2019.]
A. Wireless service facilities shall not be considered nor regulated as essential public facilities.
B. Wireless service facilities located outside the public right-of-way may be either a primary or secondary use. A different use of an existing structure on the same lot shall not preclude the installation of a wireless service facility.
C. A small wireless facility, as defined in LMC 18A.10.180, located within the public right-of-way pursuant to a valid franchise is a permitted use in every zone of the City, but still requires a small wireless facility permit pursuant to LMC 18A.95.190.
D. Macro facilities, as defined in LMC 18A.10.180, are permitted uses in every zone of the City, but still require a macro facility permit pursuant to LMC 18A.95.060.
E. The following wireless service facilities shall be exempt from the requirement to obtain land use permits:
1. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC.
2. Antennas and related equipment no more than three (3) feet in height that are being stored, shipped, or displayed for sale.
3. Amateur radio station operators or receive-only antennas.
4. Home satellite services, including satellite dish antennas less than six and one-half (6.5) feet in diameter and direct-to-home satellite services, when used as an accessory use of the property.
5. Public safety wireless service facilities and equipment, including the regional 911 system, radar systems for military and civilian communication and navigation, and wireless radio utilized for temporary emergency communications in the event of a disaster.
6. A mobile transmission facility or other temporary wireless service facility temporarily placed on a site for a period of thirty (30) days or less, unless an administrative use permit is obtained for an additional period or unless the City has declared an area-wide emergency.
7. Emergency or routine maintenance and repair of an existing wireless service facility and related equipment, excluding structural work or changes in height or dimensions of antennas, towers, or buildings; provided, that compliance with the standards herein is maintained.
8. Wireless service facilities installed on properties that are subject to the Chambers Creek Properties Joint Procedural Use Agreement, which shall instead be regulated to the terms and conditions of the interlocal agreement and design standards adopted thereunder, as administered by the City of University Place pursuant to interlocal agreement. If, at some point, the interlocal agreement is abandoned or terminated, such uses on the Lakewood portion of the Chambers Creek Properties shall once again be subject to the requirements set forth herein; provided, that any existing uses which do not meet these standards shall be considered to be and shall be regulated as nonconforming.
F. Nonuse or Abandonment.
1. Abandonment.
a. The owner or operator of any abandoned wireless service facility shall notify the City of Lakewood, in writing, at least thirty (30) days prior to the date of discontinuation of operation or abandonment of a wireless service facility. In the event that a licensed carrier fails to give notice, the facility shall be considered abandoned upon the City’s discovery of discontinuation of operation or upon a determination by the City of the date abandoned, and subsequent notice of the City’s determination of abandoned status to the WSF owner and/or operator.
b. Except as provided in LMC 18A.95.040(F)(1)(c), an owner or operator shall have ninety (90) days from the date of abandonment within which to reactivate the use of the facility or transfer the facility to another provider who makes actual use of the facility.
c. If abandonment occurs due to the relocation of an antenna to a lower point on the antenna support structure, a reduction in the effective radiated power of the antenna or a reduction in the number of transmissions from the antennas, then the operator of the tower shall have six (6) months from the date of effective abandonment to collocate another service on the tower. If another service provider is not added to the tower, then the operator shall dismantle and remove, within thirty (30) days, that portion of the tower which resulted from a collocation height increment and/or exceeds the minimum height required to function satisfactorily. City approval for that portion of the tower shall automatically expire two hundred ten (210) days from the date of abandonment if the collocation is not completed or upon completion of the dismantlement and removal of that portion of the tower that is no longer being utilized, whichever comes first.
d. Except as provided in this section, changes which are made to wireless service facilities that do not diminish their essential role in providing a total system shall not constitute abandonment. However, in the event that there is a physical reduction in height of substantially all of the providers’ towers in the City or surrounding area, then all of the towers within the City shall similarly be reduced in height.
2. Dismantlement and Removal of Facility. If the abandoned wireless service facility, including all accessory structures, antennas, foundation, and other associated appurtenances are not removed within the required time period, the City may remove the wireless service facility and all associated development at the provider’s expense. If there are two (2) or more providers collocating on a facility, this provision shall not become effective until all providers cease using the facility, except as provided in subsection (F)(1)(c) of this section.
3. Except as provided in subsection (F)(1)(c) of this section, City approval for the facility shall automatically expire ninety (90) days from the date of abandonment if the wireless service facility is not reactivated or upon completion of the dismantlement and removal of the wireless service facility, whichever comes first.
4. Security and Lien. Prior to the commencement of demolition, each applicant shall post sufficient security in the form of a cash guarantee or assignment of funds in a form acceptable to the City, cashier’s check, or cash, to cover the estimated cost of demolition or removal of the tower and support structures, including complete site restoration. If, for any reason, the posted funds are not adequate to cover the cost of removal, then the City may charge the facility owner or operator with the City’s total cost incurred in removing the abandoned structures. If the owner or operator fails to make full payment within thirty (30) calendar days, then the amount remaining unpaid shall become a lien on the facility property. [Ord. 726 § 2 (Exh. B), 2019.]
To the extent that any provision of this chapter is inconsistent or conflicts with any other City ordinance, this chapter shall control. Otherwise, this chapter shall be construed consistently with the other provisions and regulations of the City Code. [Ord. 726 § 2 (Exh. B), 2019.]
A. A preapplication meeting is encouraged prior to submitting an application for a wireless service facility permit.
B. Applications for a macro facility shall be filed with the Director on forms prescribed by the City. All applications shall be accompanied by a filing fee and other applicable fees as required by the Lakewood Master Fee Schedule. 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 macro facility;
3. A statement identifying the nature and operation of the macro 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. 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. Information necessary to demonstrate the applicant’s compliance with FCC rules, regulations and requirements which are applicable to the proposed macro facility;
7. An explanation of the technical need for the macro facility, this may include but is not limited to capacity or coverage requirements;
8. If not proposing a collocation, then documentation showing that the applicant has made a reasonable attempt to find a collocation site acceptable to engineering standards and that collocating was not technically feasible or that it posed a physical problem; and
9. Inventory of Existing Sites. Each applicant for a tower shall provide an inventory of its existing macro facilities that are within the City limits; and
10. 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. 726 § 2 (Exh. B), 2019.]
A. Application. Upon receipt of a complete application for a macro facility, application shall be processed administratively. In addition to the administrative use permit, additional permits including, but not limited to, a building permit, zoning certification, site development permit and if applicable, a right-of-way permit are required prior to site development and construction.
B. Review. The Director shall review the application for conformance with the application requirements and review criteria listed in this section to determine whether the application is consistent with this chapter.
C. Decision. A permit may be granted, granted with conditions pursuant to this chapter and the code, or denied. Any condition reasonably required to enable the proposed use to meet the standards of this chapter and code may be imposed. If no reasonable condition(s) can be imposed that ensure the application meets such requirements, the application shall be denied. The Director’s decision is final and appealable to Pierce County Superior Court.
D. Conditions. Conditions imposed under this chapter shall constitute permanent regulations on the exercise of the approved use. Each permit issued by the City shall be conditioned to:
1. Require the permittee to allow collocation of proposed macro facilities on the permittees’ site, unless the permittee demonstrates that collocation will substantially impair the technical operation of the existing macro facilities to a substantial degree.
2. Require the permittee to maintain the macro facility in a state of good repair and to maintain or replace, if necessary, vegetation and landscaping required as a condition of approving the permit.
3. Require the permittee to notify the City of any sale, transfer, assignment of a site or a macro facility within sixty (60) days of such event.
4. Require the permittee to comply with the provisions of this title and all other applicable City ordinances and rules and regulations. [Ord. 726 § 2 (Exh. B), 2019.]
No application for a macro facility may be approved unless all of the following criteria are satisfied:
A. The proposed use will be served by adequate public facilities including roads, water, and fire protection.
B. The proposed use will not be materially detrimental to uses or property in the immediate vicinity of the subject property, and will not materially disturb persons in the use and enjoyment of their property.
C. The proposed use will not be materially detrimental to the public health, safety and welfare.
D. The proposed use is in accord with the comprehensive plan.
E. The proposed use complies with this chapter and all other provisions of this code.
F. The Director shall review the application for conformance with the following criteria:
1. Compliance with prioritized locations pursuant to LMC 18A.95.090.
2. Compliance with design standards pursuant to LMC 18A.95.100, 18A.95.110, and 18A.95.120 as applicable. [Ord. 726 § 2 (Exh. B), 2019.]
The location of wireless service facilities shall be located in the following prioritized order of preference:
A. Collocation with existing macro facility(ies) or another existing public facility/utility facility (i.e., existing or replacement utility pole or an existing monopole/tower).
B. Collocation on existing buildings and structures located in nonresidential zones.
C. Collocation on existing buildings and structures in residential zones not used for residential use (e.g., religious facility or public facility).
D. New monopole structure where the sole purpose is for wireless service facilities; i.e., monopole or other type of tower, located in the following order of priority:
1. Locate macro facilities in the IBP, I1, and I2 zoning districts.
2. Locate macro facilities in the C1 and C2 zoning districts.
3. Locate macro facilities on nonresidential property in the CBD, TOC, and PI zoning districts.
4. Locate macro facilities on nonresidential property in the NC1 and NC2 zoning districts.
6. Locate macro facilities in the C3 zoning district.
7. Locate macro facilities on nonresidential property in the OSR1 and OSR2 zoning districts.
8. Locate macro facilities on nonresidential property in the MF1, MF2, MF3, and ARC zoning districts.
9. Locate macro facilities on residential property in the CBD, TOC, PI, NC1, NC2, OSR1, OSR2, and ARC zoning districts.
10. Locate macro facilities on residential property in MF1, MF2, and MF3 zoning districts.
11. Antennas and new towers shall not be located in single-family residential zoning districts, except as allowed above, unless the applicant demonstrates that all other possible locations and collocations are not technically feasible.
New monopole structures pursuant to LMC 18A.95.090(D) shall be the minimum height necessary to serve the target area and provide for reasonable collocation. Further, the monopole structure shall comply with the setback requirements of the commercial or business zone districts, as applicable. In no case shall the antenna be of a height that requires illumination by the Federal Aviation Administration (FAA). [Ord. 726 § 2 (Exh. B), 2019.]
The location and design of macro facilities shall consider the impacts, including visual, of the facility on the surrounding neighborhood. All macro facilities shall conform with the following siting and design requirements as applicable:
A. Siting. Any applicant who proposes to construct a new macro facility shall demonstrate that the proposed facility is located at the least obtrusive and the most appropriate site available. Facilities shall be placed in locations where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening and shall be designed to minimize any significant adverse impact on residential property.
C. Development. Development and construction of the site shall preserve the existing character of the site as much as possible. Existing vegetation should be preserved. When existing vegetation cannot be preserved, vegetation shall be improved by landscaping. Disturbance of the existing topography of the site shall be minimized.
D. Design. Facilities shall be architecturally compatible with the surrounding buildings and land uses in the zoning district and screened or otherwise integrated, through location and design, to blend in with the existing characteristics of the site.
E. FCC Licensure. The City will only process macro facility permit applications upon a satisfactory showing of proof that the applicant is an FCC-licensed telecommunications provider or that the applicant has agreements with an FCC-licensed telecommunications provider for use or lease of the facility.
F. Compliance with Other Laws. Macro facility service providers shall demonstrate compliance with FCC and FAA rules and regulations and all other applicable federal, state, and local laws, rules and regulations, including FAA and U.S. Air Force airspace maximum height criteria. Failure to maintain compliance with applicable standards and regulations shall constitute grounds for the City to remove a provider’s facilities at the provider’s expense.
G. Lot Size. For purposes of determining whether the installation of a macro facility complies with district development regulations including, but not limited to, setback requirements, lot-coverage requirements, and other development requirements, the dimensions of the entire lot shall control, even though the macro facility may be located on a leased parcel within that lot.
H. Height. Except as allowed by LMC 18A.95.130, Collocation, and LMC 18A.95.120(H), Tower Siting, no macro facility may exceed one hundred (100) feet in height. Further, the applicant must demonstrate, by engineering evidence satisfactory to the City, that the height requested is the minimum height necessary.
I. Security Fencing. Towers shall be enclosed by security fencing not less than six (6) feet in height, constructed of masonry, solid wood or coated chain link with matching colored slats, designed to blend with the character of the existing neighborhood; provided, however, that the Planning and Public Works (PPW) Director or, where applicable, the Hearing Examiner may waive these requirements as appropriate. Access to the macro facility shall be through a locked gate, and there shall be a universal key box at any such gates.
J. Landscaping. Macro facilities shall be landscaped as follows:
1. Macro facilities shall be landscaped with a buffer of plant materials that effectively screen the view of the macro facility compound. The City may also require any combination of existing vegetation, topography, walls, decorative fences or other features, in addition to landscaping, necessary to achieve the desired level of screening of the site. If the antenna is mounted on an existing building, and other equipment is housed inside an existing structure, landscaping may not be required. Landscaping is not required for facilities mounted on rooftops or on the top of other structures; however, other methods of screening may be required to be utilized.
2. Screening. The visual impacts of a macro facility shall be mitigated through landscaping or other screening materials at the base of a facility and/or compound. Landscaping shall be installed on the outside of fences. Further, existing vegetation shall be preserved to the maximum extent possible and may be used as a substitute for or as a supplement to landscaping requirements. The following landscaping and buffering shall be required around the perimeter of the compound:
a. Evergreen trees, a minimum of twelve (12) feet tall at planting, shall be planted in two (2) rows around the perimeter of the fence. The trees shall be planted so that the trees are staggered in the rows to provide maximum screening and are located no further apart than fifteen (15) feet on center.
b. A row of bushes at least thirty (30) inches high at planting and which is capable of growing into a continuous hedge to at least forty-eight (48) inches in height within two (2) years shall be planted no more than four (4) feet on center, in front of the tree line referenced above.
c. Groundcover shall be planted such that it will completely cover the soil within the landscape area within eighteen (18) months of planting, generally one (1) gallon size plants planted no more than eighteen (18) inches on center.
3. In the event that landscaping is not maintained at the level required herein or as required in any conditional use permit, the City may, after giving thirty (30) days’ advance written notice, establish and/or maintain the landscaping and bill both the owner and lessee of the site for such costs until such costs are paid in full.
L. Aesthetics. Macro facilities shall meet the following requirements:
1. Unless a different color is required by the FCC or FAA, a macro facility shall be painted a neutral color generally matching the surroundings or background to minimize its visual obtrusiveness.
2. At a macro facility site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend into the existing natural and constructed environment.
M. View Corridors. Due consideration shall be given so that macro facilities do not obstruct or significantly diminish views of Mt. Rainier, Puget Sound, the Olympic Mountains or other scenic vistas.
N. Required Parking. Off-street parking shall be determined by the Director. The amount of parking required to be provided shall be dependent on whether the cell site is fully automated, partially automated, or is not automated.
O. Lighting. If lighting is required for any macro facility, then the lighting shall be of a type to cause the least disturbance to the surrounding area and which shall not cause glare skyward or beyond the property line. Exterior lighting shall comply with LMC 18A.60.095.
P. Measurement. For purposes of measurement, macro facility setbacks and separation distances shall be calculated and applied irrespective of jurisdictional boundaries.
R. Signs. No signs shall be allowed on antennas or towers, except safety signage as required by applicable laws, standards, and regulations.
S. Noise. Macro facilities shall not produce noise in excess of limitations set forth in Chapter8.36 LMC.
T. Backhaul Providers. Backhaul providers shall be identified at the time of right-of-way (ROW) permit application and as a condition of ROW permit approval, and shall obtain and maintain all necessary approvals to operate as such, including holding necessary franchises, permits, and certificates. The method of providing backhaul, either wired or wireless, shall be identified.
U. Safety Inspections. Each owner and/or service provider shall conduct all safety inspections in accordance with the EIA and FCC standards.
V. Equipment Structures. Ground-level equipment, buildings, and the tower base shall be screened from public view. All such structures shall be considered primary structures, not accessory structures, for the purposes of development regulations. The standards for the equipment buildings are as follows:
1. The maximum floor area shall be three hundred (300) square feet, and the maximum height shall be twelve (12) feet, unless the applicant demonstrates that the macro facility and/or proposed collocation will require additional space or height to function within the provider’s local network. The City may, at its sole discretion, approve multiple equipment structures or one (1) or more larger structures if it will result in a more aesthetically pleasing structure and/or site design or will further other public policy objectives.
2. The equipment building shall be located no more than fifty (50) feet from the tower or antenna, except under unique and unusual circumstances demonstrated by the applicant to the City’s satisfaction or for other public policy considerations.
3. Ground level buildings shall be screened from view by landscape plantings, fencing, or other appropriate means, as specified in this title or other City ordinances or regulations.
4. A macro facility, including equipment buildings, antennas, and related equipment, shall occupy no more than twenty-five (25) percent of the total roof area of the building on which the macro facility is mounted. The City may, at its sole discretion, increase the percentage of building coverage allowed, if collocation is achieved and an adequate screening structure is used.
5. Equipment buildings mounted on a roof shall be completely screened from view by materials that are consistent and compatible with the design, color, and materials of the building. Equipment for roof-mounted antenna may also be located within the building on which the antenna is mounted.
6. If located in residential zones, equipment buildings shall be designed so as to conform in appearance with nearby residential buildings and equipment structures shall comply with the setback requirements of the zoning district. [Ord. 813 § 2, 2024; Ord. 726 § 2 (Exh. B), 2019.]
A macro facility mounted on and/or extending above a structure shall be subject to the following:
A. The antenna shall be architecturally compatible, to the maximum extent feasible, with the building and/or wall on which it is mounted, and shall be designed and located so as to minimize adverse aesthetic impact.
1. The antenna may be mounted on a wall of an existing building if it is mounted as flush to the wall as is technically possible and does not project further above the top of the wall on which it is mounted beyond that height necessary to fulfill the function of that site within the local network system.
2. The antenna may be mounted on a building roof if the City finds that it is not technically possible or aesthetically desirable to mount the antenna on a wall.
3. The antenna shall be constructed, painted, or fully screened to match, as closely as possible, the color and texture of the building and/or wall on which it is mounted.
4. No portion of the antenna or base station shall exceed the height limitations set forth in this section.
B. If an equipment shelter is present, the structure shall be architecturally and visually compatible with surrounding existing buildings, structures, vegetation, and uses in terms of color, size, and bulk. Such facilities will be considered architecturally and visually compatible if they blend with the surrounding buildings in architectural character and color and are camouflaged to disguise the facility.
C. The maximum height of a utility pole extension shall be determined by the City Engineer and Director. The pole extension shall be designed such that the height of the utility pole is the minimum additional height necessary to support the antennas and provide adequate safety clearance from wirelines and the diameter of the utility pole required to support the antenna is not increased more than twenty (20) percent of the existing utility pole.
D. An antenna attached to the roof or sides of a building at least thirty (30) feet in height, or on an existing water tank, or a similar structure, must extend no more than sixteen (16) feet above the structure to which it is attached. [Ord. 726 § 2 (Exh. B), 2019.]
A. Setbacks. All towers, support structures and accessory buildings must satisfy the minimum setback requirements for the zoning district in which they are located, except under the following conditions:
1. Tower Setback. A tower’s setback shall be measured from the base of the tower to the property line of the parcel on which it is located. In the MF1, MF2, MF3, MR1, MR2, R1, R2, R3, and R4 zoning districts, where permitted, and on property abutting or adjacent to such districts, towers shall be set back from any property line in or abutting a residential zone a distance equal to one hundred (100) percent of tower height as measured from ground level, except for unusual geographic limitations or other public policy considerations, as determined at the City’s sole discretion.
2. In all other zones, towers shall comply with a minimum setback of fifteen (15) feet from all property lines.
3. Right-of-Way Setback Exception. The setback requirement may be waived if the antenna and antenna support structure are located in the public right-of-way.
B. Support Systems Setbacks. All guy wires, anchors, and other support structures must be located within the buildable area of the lot and not within the front, rear, or side yard setbacks or within the landscape screening buffer area and which shall be located no closer than fifteen (15) feet to any property line.
C. Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, then the lighting must be of the type to cause the least disturbance to the surrounding area and shall not cause glare skyward or beyond the property line. Furthermore, dual mode lighting shall be requested from the FAA when residential uses are located within five hundred (500) feet of the tower. Exterior lighting shall comply with LMC 18A.60.095.
D. Monopole Construction Required. All towers shall be of a tapering monopole construction unless the provider can demonstrate that another type of tower would cause less impact to the surrounding property than a tapering monopole structure and/or would otherwise further the purposes and goals of this section.
E. Building and Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is constructed and maintained in compliance with applicable City building codes and EIA standards, as amended.
F. Antenna and Support Structure Safety. The tower or antenna and its support structure shall be designed to withstand, at a minimum, a wind force of one hundred (100) miles per hour and one-half (1/2) inch of ice without the use of supporting guy wires. The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice, or other debris or interference. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.
G. Site Selection and Tower Height. Towers shall be located to minimize their number, height, and visual impacts on the surrounding area in accordance with the following policies:
1. Tower height shall not exceed one hundred (100) feet in height except under the following conditions:
a. Collocation of two (2) or more service providers allows for additional height by using collocation height increment provisions.
b. A single service provider who desires a tower exceeding one hundred (100) feet shall first demonstrate that it cannot build a shorter tower due to technical infeasibility and shall demonstrate that all other applicable criteria in this section and this title are met.
2. The height of a tower shall have the least visual impact feasible and the height shall be no greater than necessary to achieve service area requirements and to provide for potential collocation; and
3. The owner or service provider has demonstrated that the tower site selected provides, to the greatest extent feasible, the least visual impact on residential areas. This shall include an analysis of the potential impacts from other vantage points in the area to illustrate that the selected site and design provides the best opportunity to minimize the visual impact of the proposed facility.
4. The tower shall be sited to minimize solitary or prominent visibility when viewed from surrounding areas, especially residential areas. The facility shall be camouflaged to the maximum extent feasible.
H. Screening. Towers shall be significantly screened to the extent that it does not result in significant signal degradation. If there are no trees to provide screening, the site shall utilize significant camouflage or other design/construction methods satisfactory to the City, so as to provide compatible aesthetics on and around the site, to the fullest extent reasonably possible.
I. Separation Distances between Towers. Separation distances between towers shall be measured between the proposed tower and preexisting towers. Measurement shall be from base of tower to base of tower, excluding pad, footing or foundation. The separation distances shall be measured by drawing or following a straight line between the nearest point on the base of the existing tower and the proposed tower base, pursuant to a site plan of the proposed tower. The separation distances shall be listed in linear feet. Separation distances between towers shall be one thousand five hundred (1,500) linear feet; except when both towers are lattice or guyed towers, then the separation distance shall be five thousand (5,000) linear feet, or one (1) of the towers is a monopole less than one hundred (100) feet in height, then the separation distance shall be one thousand (1,000) linear feet; or, if the City designates areas where multiple towers can be located in closer proximity. The Director or Hearing Examiner, as applicable, may reduce tower separation distance requirements if written findings are made that the provider has demonstrated that the purposes and goals of this section or this title would be better served in doing so. However, the development of multiple tower locations on one (1) or more sites in close proximity, often referred to as “antenna farms,” is specifically prohibited, unless such a site has been so designated by the City Council. [Ord. 726 § 2 (Exh. B), 2019.]
To minimize adverse visual impacts associated with the proliferation of towers, collocation of macro facilities on existing or new towers is promoted and encouraged as follows:
A. To reduce the number of antenna support structures needed in the City in the future, new proposed support structures shall be designed to accommodate antennas for more than one user, unless the applicant demonstrates why such design is not feasible for technical reasons.
B. Proposed facilities shall collocate onto existing towers wherever reasonably feasible. A new or additional administrative use or conditional use permit approval, as appropriate, is not required when a new service provider is added to an existing tower without modification or reconstruction of the tower. However, requirements for any and all other permits, licenses, leases, or franchise conditions must be satisfied, and the collocation must be accomplished in a manner consistent with the policies, siting and design criteria, and landscape and screening provisions contained in this section, as well as any applicable requirements of the original administrative use or conditional use permit and building permit.
C. An existing tower may be modified or rebuilt to a taller height to accommodate collocation of an additional antenna without a new or additional administrative use or conditional use permit, as appropriate, and without additional distance separation; provided, that:
1. The tower shall be of the same tower type as the existing tower, or of a less obtrusive design, such as a monopole.
2. The additional antenna shall be of a similar type as those on the existing tower;
3. The tower, if reconstructed, is placed on its existing site within fifty (50) feet of its existing location.
4. The tower conforms to or can be modified to conform to the applicable design and development standards in this section.
5. The tower is not located within a single-family or multifamily residential zone. A tower may not be increased in height without a new or additional administrative use or conditional use permit, as appropriate, in these zones.
D. The City may deny an application to construct new facilities if the applicant has not demonstrated by substantial evidence that a diligent effort has been made to collocate the facilities.
E. Collocation Height Increments. Collocated wireless service facilities are eligible for additional height allowances if collocation occurs according to certain height and usage criteria.
1. To qualify for collocation height increments, the minimum required number of service providers must either be co-applicants and/or have valid lease agreements with the applicant for collocation, at the time of application. However, space reserved for future collocations may qualify for a maximum of one (1) additional service provider for the purpose of height increments, when at least two (2) providers have already located facilities on the tower or have valid lease agreements for such location. Additional height resulting from a height increment shall not require an additional distance separation.
2. In cases of space reservation, a first right-of-refusal, which is either executed or maintained while the provider’s facilities and services are in use, to lease the area at the base of the tower and/or mount for other providers, will meet the reservation requirement. The site plan shall reserve area for other providers’ equipment near the base of the applicant’s tower.
3. The additional height increment allowed for two (2) or more providers is thirty (30) feet above the base height. The additional height increment allowed for three (3) or more providers is fifty (50) feet above the base height and, for four (4) or more providers, is seventy (70) feet above the base height.
F. No macro facility service provider or lessee or agent thereof shall fail to cooperate in good faith to accommodate collocation with competitors. If a dispute arises about the feasibility of collocating, the Planning and Public Works (PPW) Director may require a third-party technical study, at the expense of either or both parties, to resolve the dispute. [Ord. 813 § 2, 2024; Ord. 726 § 2 (Exh. B), 2019.]
This article implements Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 (“Spectrum Act”), as interpreted by the FCC’s Acceleration of Broadband Deployment Report and Order, and 47 CFR §1.6100, which require a state or local government to approve any eligible facilities request for a modification of an existing tower or base station that does not result in a substantial change to the physical dimensions of such tower or base station. For definitions of terms utilized in this article, refer to LMC 18A.10.180. [Ord. 726 § 2 (Exh. B), 2019.]
A. Application. The City shall prepare and make publicly available an application form which shall be limited to the information necessary for the City 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.
B. Type of Review. Upon receipt of an application for an eligible facility request pursuant to this article, the City shall review such application to determine whether the application so qualifies.
C. Time Frame for Review. Within sixty (60) days of the date on which an applicant submits an application seeking approval under this chapter, the City shall approve the application unless it determines that the application is not covered by this article.
D. Tolling of the Time Frame for Review. The sixty (60) day review period begins to run when the application is filed, and may be tolled only by mutual agreement by the City and the applicant, or in cases where it is determined that the application is incomplete. The time frame for review is not tolled by a moratorium on the review of applications.
1. To toll the time frame for incompleteness, the City must provide written notice to the applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required in the application.
2. The time frame for review begins running again when the applicant makes a supplemental submission in response to jurisdiction’s notice of incompleteness.
3. Following a supplemental submission, the City will notify the applicant within ten (10) days that 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 subsection D. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.
E. Interaction with Section 332(c)(7). If the City determines that the applicant’s request is not covered by Section 6409(a) as delineated under this article, the federal presumptively reasonable time frame under 47 U.S.C. Section 332(c)(7) will begin to run from the issuance of the City’s decision that the application is not a covered request. To the extent such information is necessary, the City may request additional information from the applicant to evaluate the application under Section 332(c)(7), pursuant to the limitations applicable to other Section 332(c)(7) reviews.
F. Failure to Act. In the event the City fails to approve or deny a request seeking approval under this chapter within the time frame for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the applicable reviewing authority in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.
G. Remedies. Applicants and the City may bring claims related to Section 6409(a) to any court of competent jurisdiction. [Ord. 726 § 2 (Exh. B), 2019.]
A. Applicability. Any application for a small wireless facility both inside and outside of the right-of-way shall comply with the application requirements for a small wireless facility permit described in this article. For small wireless facilities within the right-of-way, the applicant shall also obtain a franchise from the City and comply with the requirements pursuant to Chapters 12.07 and 12.08 LMC. Small wireless facility permits are issued by the Director.
B. Consolidated Permits. All permits, leases, and franchises necessary for the deployment of small wireless facilities shall be consolidated for review and a decision rendered to the full extent feasible within the presumptively reasonable time periods established by federal law. Applicants are allowed to apply for franchises or leases independently of an application for a small wireless permit.
C. Preapplication Meeting. A preapplication meeting is encouraged prior to submitting an application for a small wireless services facility permit.
D. Application Process. The Director is authorized to establish franchise and other application forms to gather the information required by this article from applicants and to determine the completeness of the application as provided herein.
1. Franchise. The process typically begins with and depends upon approval of a franchise for the use of the public right-of-way to deploy small wireless facilities if any portion of the applicant’s facilities are to be located in the right-of-way, consistent with the requirements in Chapters 12.07 and 12.08 LMC. An applicant with a franchise for the deployment of small wireless facilities in the City may proceed to directly apply for a small wireless facility permit and related approvals. An applicant may utilize phased deployment.
2. Small Wireless Facility Permits. The application requires specification of the small wireless facility components and locations as further required in the small wireless facility permit application described in subsection (E) of this section. Prior to the issuance of a small wireless facility permit, the applicant shall pay an application fee as set forth in the Lakewood Master Fee Schedule.
3. Associated Permit(s). The applicant shall attach all associated permits requirements such as applications or checklists required under the critical areas, shoreline or SEPA ordinances. Applications for deployment of small wireless facilities in design zones or on pedestrian poles or for new poles shall comply with the requirements in LMC 18A.95.250.
4. Leases. An applicant who desires to attach a small wireless facility on any utility pole or light pole owned by the City shall include an application for a lease as a component of its application. Leases for the use of utility poles or light poles shall be received and reviewed by the Director. Leases for the use of all other public property, structures or facilities shall be submitted to the City Council for approval.
E. Small Wireless Facility Permit Application. The following information shall be provided by all applicants for a small wireless facility permit:
1. 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:
a. The location of overhead and underground public utilities, telecommunication, cable, water, adjacent lighting, sewer drainage and other lines and equipment within fifty (50) feet of the proposed project area (which shall include the location of the fiber source and power source). Further, the applicant shall include 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 fifty (50) feet of the proposed project area.
b. 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.
c. The construction drawings shall also include the applicant’s plan for electric and fiber utilities, all conduits, cables, wires, handholes, junctions, meters, disconnect switches and any other ancillary equipment or construction necessary to construct the small cell facility, to the extent to which the applicant is responsible for installing such electric and fiber utilities, conduits, cables, and related improvements. Where another party is responsible for installing such electric and fiber utilities, conduits, cables, and related improvements, applicant’s construction drawings will include such utilities to the extent known at the time of application, but at a minimum applicant must indicate how it expects to obtain fiber and electric service to the small cell facility.
d. If the site location includes a new replacement light pole, then the applicant must submit a photometric analysis of the roadway and sidewalk within one hundred fifty (150) feet of the existing light.
e. Compliance with the aesthetic requirements of LMC 18A.95.230, or 18A.95.250 as applicable.
2. 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. For locations outside the City right-of-way, to extent that the pole or structure is not owned by the property owner, the applicant shall demonstrate in writing that it has authority from the property owner to install the small wireless facility on the pole or structure. 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 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.
3. The applicant is encouraged to batch the small wireless facility sites within an application in a contiguous service area.
4. Any application for a small wireless facility located in the right-of-way adjacent to a parcel zoned for residential use shall demonstrate that the applicant has evaluated the following:
a. 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.
b. Whether the proposed small wireless facility can be screened from residential view by choosing a pole location that is not directly in front of a window or views. The applicant must demonstrate that no technically feasible alternative location exists which is not directly in front of a window or views.
5. Any application for a small wireless permit which contains an element which is not exempt from SEPA review shall simultaneously apply under Chapter 43.21C RCW and Chapter 18A.20 LMC. Further, any application proposing small wireless facilities in critical areas (pursuant to LMC Title 14) must indicate that the application is exempt or comply with the review processes in such codes.
6. 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 cumulative 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.
7. The applicant shall provide proof of FCC or other regulatory approvals required to provide the service(s) or utilize the technologies sought to be installed.
8. A professional engineer licensed by the State of Washington or the pole owner shall certify in writing, over his or her seal, that construction plans of the small wireless facilities and structure or pole and foundation are designed to reasonably withstand wind and seismic loads.
9. A right-of-way use permit as required by Chapters 12.07 and 12.08 LMC.
10. Proof of a valid Lakewood business license.
11. Recognizing that small wireless facility technology is rapidly evolving, the Director is authorized to adopt and publish standards for the technical 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.
12. Such other information as the Director, in his/her discretion, shall deem appropriate to effectively evaluate the application based on technical, engineering and aesthetic considerations. [Ord. 726 § 2 (Exh. B), 2019.]
A. Review. The following provisions, as applicable, relate to review of applications for a small wireless facility permit:
1. The City will review the permit application to determine compliance with this article.
2. Vertical clearance shall be reviewed by the Director to ensure that the small wireless facilities will not pose a hazard to other users of the right-of-way.
3. Replacement poles and new poles shall 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 right-of-way. Further, 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 8.36 LMC.
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.
B. Community Development Services Department. All small wireless facility deployment applications shall be reviewed by the Director. The Director’s decision shall be final and is appealable to Pierce County Superior Court.
C. Eligible Facilities Requests. Small wireless facilities may be expanded pursuant to an eligible facilities request so long as the expansion (1) does not defeat design elements specifically designated as concealment techniques and (2) incorporates the aesthetic elements and design criteria set forth in this chapter in a manner consistent with the rights granted an eligible facility.
D. Review of Facilities. 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 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 article shall neither prohibit nor have the effect of prohibiting the ability of an applicant to provide telecommunications services.
E. Withdrawal. Any applicant may withdraw an application submitted 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 supplemental information as required by the Director for completeness within sixty (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. 758 § 2 (Exh. A), 2021; Ord. 726 § 2 (Exh. B), 2019.]
A. The grantee of any permit shall comply with all of the requirements within the small wireless facility permit.
B. Post-Construction As-Builts. Within thirty (30) days after construction of the small wireless facility, the grantee shall provide the City with as-builts of the small wireless facilities demonstrating compliance with the permit and site photographs.
C. Permit Time Limit. Construction of the small wireless facility must be completed within six (6) months after the approval date by the City. The grantee may request one (1) extension prior to the expiration date which is limited to an additional (6) months, if the applicant cannot construct the small wireless facility within the original six (6) month period. The permit shall be deemed abandoned and the facilities removed as provided in LMC 18A.95.040 if the small wireless facility is not activated within six (6) months of construction.
D. Site Safety and Maintenance. The grantee must maintain the small wireless facilities in safe and working condition. The grantee shall be responsible for the removal of any graffiti or other vandalism and shall keep the site neat and orderly, including but not limited to following any maintenance or modifications on the site.
E. Operational Activity. Grantee shall commence operation no later than six (6) months after installation. The grantee may request one (1) six (6) month extension if operation is delayed due to grantee’s inability to connect to electrical or backhaul. [Ord. 726 § 2 (Exh. B), 2019.]
A. If a grantee desires to make a modification to an existing small wireless facility, including but not limited to expanding or changing the antenna type, increasing the equipment enclosure, placing additional pole-mounted or ground-mounted equipment, or modifying the concealment elements, then the applicant shall apply for a small wireless facility permit.
B. A small wireless facility permit shall not be required for routine maintenance and repair of a small wireless facility within the right-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, does not impact the structural integrity of the pole, and does not require pole replacement. Further, a small wireless facility permit shall not be required for replacing equipment within the equipment enclosure or reconfiguration of fiber or power to the small wireless facility. Right-of-way use permits may be required for such routine maintenance, repair or replacement consistent with Chapters 12.07 and 12.08 LMC. [Ord. 726 § 2 (Exh. B), 2019.]
A. The issuance of a small wireless facility permit grants authority to construct small wireless facilities in the right-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 Divisions. If the applicant requires a new franchise to utilize the right-of-way, the franchise approval may be consolidated with the small wireless facility permit review if requested by the applicant. 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. To the extent they do not conflict with the requirements of this chapter, the general standards applicable to the use of the right-of-way described in Chapters 12.07 and 12.08 LMC shall apply to all small wireless facility permits. [Ord. 726 § 2 (Exh. B), 2019.]
A. The following zones are designated as design zones for the purpose of siting small wireless facilities:
1. All City-owned parks within the City.
2. All Urban Design Focus Area Districts as defined in Lakewood Comprehensive Plan Chapter 4, Urban Design and Community Character.
B. The City discourages the use of pedestrian poles for small wireless facilities that would have a negative aesthetic impact to the City’s streetscape.
C. Any applicant who desires to place a small wireless facility in a design zone must first demonstrate that the applicant cannot locate the small wireless facility outside of the design zone. Applications for new 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 five hundred (500) feet of the proposed site and outside of the design zone.
D. Applications for small wireless facilities within design zones or on pedestrian poles are subject to approval by the Director and must comply with a concealment element design described in LMC 18A.95.250. [Ord. 726 § 2 (Exh. B), 2019.]
A. The following provisions establish design and concealment standards for small wireless facilities. These standards shall also apply to distributed antenna systems (“DAS”) when externally installed. Throughout this section, unless context clearly provides otherwise, the term “small cell facilities” refers to small wireless facilities, small cell facilities, microcells, small cell networks, and DAS.
B. Small wireless facilities attached to existing or replacement nonwooden light poles and other nonwooden poles in the right-of-way or nonwooden poles outside of 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 Design and Construction Standards, an applicant is encouraged to 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 adopted in this subsection (B).
2. The applicant shall minimize to the extent possible the antenna and equipment space and shall use the smallest amount of enclosure possible to fit the necessary equipment and reasonable expansion for future frequencies and/or technologies.
a. Concealed Completely within the Pole or Pole Base. Antennas and the associated equipment enclosures (including disconnect switches and other appurtenant devices) shall be fully concealed within the pole, unless such concealment is otherwise technically infeasible, or is incompatible with the pole design. If 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 camouflaged to appear as an integral part of the pole or flush-mounted to the pole, meaning for antennas no more than twelve (12) inches off of the pole and for associated equipment no more than six (6) inches off the pole, and must be the minimum size necessary for the intended purpose, the pole, and must be the minimum size necessary for the intended purpose and reasonable expansion for future frequencies and/or technologies, not to exceed the volumetric dimensions of small wireless facilities. 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 preexisting associated equipment on the pole, may not exceed twenty-eight (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. The applicant may propose a side-mounted canister antenna, so long as the inside edge of the antenna is no more than six (6) 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.
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.
3. The furthest point of any equipment enclosure may not extend more than twenty-eight (28) inches from the face of the pole. Any equipment or antenna enclosures must meet WSDOT height clearance requirements.
4. All conduit, cables, wires and fiber must 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 (6) feet above the height of the existing pole and the diameter may not exceed sixteen (16) inches, measured at the top of the pole, unless the applicant can demonstrate that more space is technically needed. To the extent technically feasible, the antennas shall be integrated into the pole design so that it appears as a continuation of the original pole, including colored or painted to match or be compatible with the pole, and shall be shrouded or screened to blend with the pole, 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.
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. Any replacement pole shall be placed as close to the original pole as possible, but no more than five (5) feet from the existing pole location.
7. The height of any replacement pole may not extend more than six (6) feet above the height of the existing pole or the minimum additional height technically necessary; 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 twenty (20) inches 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 (F)(4) 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.
C. Wooden Pole Design Standards. Small wireless facilities located on wooden poles 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 ten (10) feet taller than the existing pole, unless a further height increase is required and confirmed in writing by the pole owner and that such height extension is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities.
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 ten (10) feet, unless a further height increase is required and confirmed in writing by the pole owner and that such height increase is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities. A “pole extender” as used herein is an object affixed between the pole and the antenna for the purpose of increasing the height of the antenna above the pole. The pole extender shall be painted to approximately match the color of the pole and shall substantially match the diameter of the pole measured at the top of the pole.
3. Replacement wooden poles must either match the approximate color and materials of the replaced pole or shall be the standard new wooden pole used by the pole owner in the City.
4. 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.
5. Antennas shall not be mounted more than twelve (12) inches from the surface of the wooden pole.
6. Antennas shall be placed in an effort to minimize visual clutter and obtrusiveness. Multiple antennas are permitted on a wooden pole; provided, that each antenna enclosure shall not be more than three (3) cubic feet in volume.
7. A canister antenna may be mounted on top of an existing wooden pole, which may not exceed the height requirements described in LMC 18A.95.250(C)(1). A canister antenna mounted on the top of a wooden pole shall not exceed sixteen (16) inches in diameter, measured at the top of the pole, and to the extent technically feasible, shall be colored or painted to match or be compatible with the pole. The canister antenna must be placed to look as if it is an extension of the pole. In the alternative, the applicant may propose a side-mounted canister antenna, so long as the inside edge of the antenna is no more than twelve (12) inches from the surface of the wooden pole. To the extent technically feasible, 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 twenty-eight (28) inches from the face of the pole. Any equipment or antenna enclosures must meet WSDOT height clearance requirements.
9. An omnidirectional antenna may be mounted on the top of an existing wooden pole, provided such antenna is no more than four (4) feet in height and is mounted directly on the top of a pole or attached to a sleeve made to look like the exterior of the pole as close to the top of the pole as technically feasible. All cables shall be concealed within the sleeve between the bottom of the antenna and the mounting bracket.
10. All related equipment, including but not limited to ancillary equipment, radios, cables, associated shrouding, microwaves, and conduit which are mounted on wooden poles shall not be mounted more than six (6) inches from the surface of the pole, unless a further distance is technically required, and is confirmed in writing by the pole owner.
11. Equipment for small wireless facilities must be attached to the wooden pole, unless otherwise permitted to be ground-mounted pursuant to subsection (F)(1) of this section. The equipment must be placed in the smallest enclosure possible for the intended purpose. The equipment enclosure and all other wireless equipment associated with the utility pole, including wireless equipment associated with the antenna and any preexisting associated equipment on the pole, may not exceed twenty-eight (28) cubic feet. Multiple equipment enclosures may be acceptable if designed to more closely integrate with the pole design and do not cumulatively exceed twenty-eight (28) cubic feet. The applicant is encouraged to place the equipment enclosure behind any banners or road signs that may be on the pole; provided, that such location does not interfere with the operation of the banners or signs.
12. An applicant who desires to enclose both its antennas and equipment within one unified enclosure may do so; provided, that such enclosure is the minimum size necessary for its intended purpose and the enclosure and all other wireless equipment associated with the pole, including wireless equipment associated with the antenna and any preexisting associated equipment on the pole does not exceed twenty-eight (28) cubic feet. The unified enclosure may not be placed more than twelve (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.
13. 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.
14. The use of the wooden pole for the siting of a small wireless facility shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host site for a small wireless facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small wireless facility and the small wireless facility and all associated equipment shall be removed.
15. The diameter of a replacement pole shall comply with the City’s setback and sidewalk clearance requirements and shall not be more than a twenty-five (25) percent increase of the existing utility pole measured at the base of the pole.
16. 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.
D. 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, unless otherwise technically infeasible.
7. Small wireless facilities must meet the height requirement of the underlying zoning district.
8. Feed lines and coaxial cables shall be located below the parapet of the rooftop.
9. If a cabinet enclosure cannot be located within the building where the wireless service facilities will be located, then the City’s first preference is for the wireless telecommunication carrier to locate the equipment on the roof of the building. If the equipment can be screened by placing the equipment below the parapet walls, no additional screening is required. If screening is required, the proposed screening must be consistent with the existing building in terms of color, design, architectural style, and material. If the cabinet equipment cannot be located on the roof or within the building then it shall be located underground consistent with subsection (F)(1) of this section.
E. Small wireless facilities mounted on cables strung between existing utility poles shall conform to the following standards:
1. Each strand-mounted facility shall not exceed three (3) cubic feet in volume;
2. Only one (1) strand-mounted facility is permitted between any two (2) existing poles;
3. The strand-mounted devices shall be placed as close as possible to the nearest utility pole, in no event more than five (5) feet from the pole unless a greater distance is technically necessary or is required by the pole owner for safety clearance;
4. No strand-mounted device shall be located in or above the portion of the roadway open to vehicular traffic;
5. Ground-mounted equipment to accommodate a shared mounted facility is not permitted except when placed in preexisting equipment cabinets; and
6. Pole-mounted equipment shall comply with the requirements of subsections (A) and (B) of this section.
7. Such strand-mounted devices must be installed to cause the least visual impact and without excess exterior cabling or wires (other than the original strand).
8. Strand-mounted facilities are only permitted on poles that have existing overhead wirelines.
F. General Requirements.
1. 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 ground-mounted equipment is necessary, then the applicant shall submit a concealment element plan. Generators located in the rights-of-way are prohibited.
2. No equipment shall be operated so as to produce noise in violation of Chapter 8.36 LMC.
3. 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 U.S.C. Sections 253 and 332.
4. Replacement poles and new poles shall comply with the Americans with Disabilities Act (ADA), City construction and sidewalk clearance standards, City ordinance, and state and federal laws and regulations in order to provide a clear and safe passage within the rights-of-way. Further, the location of any replacement or new pole must: be physically possible, comply with applicable traffic warrants, not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not adversely affect the public welfare, health or safety.
6. Replacement poles shall be located as near as possible to the existing pole with the requirement to remove the abandoned pole.
7. No signage, message or identification other than the manufacturer’s identification or identification required by governing law is allowed to be portrayed on any antenna or equipment enclosure. Any permitted signage shall be located on the equipment enclosures and be of the minimum amount possible to achieve the intended purpose (no larger than four by six (4 x 6) inches); provided, that signs are permitted as concealment element techniques where appropriate.
8. Antennas and related equipment shall not be illuminated except for security reasons, required by a federal or state authority, or unless approved as part of a concealment element plan.
9. Side arm mounts for antennas or equipment must be the minimum extension necessary and the inside edge of the antenna may be no more than twelve (12) inches from the surface of the pole.
10. The preferred location of a small wireless facility on a pole is the location with the least visible impact.
11. Antennas, equipment enclosures, and ancillary equipment, conduit and cable shall not dominate the structure or pole upon which they are attached.
12. Except for locations in the right-of-way, small wireless facilities are not permitted on any property containing a residential use in the residential zones.
13. The City may consider the cumulative visual effects of small wireless facilities mounted on poles within the rights-of-way when assessing proposed siting locations so as to not adversely affect the visual character of the City. This provision shall not be applied to limit the number of permits issued when no alternative sites are reasonably available nor to impose a technological requirement on the applicant.
14. These design standards are intended to be used solely for the purpose of concealment and siting. Nothing herein shall be interpreted or applied in a manner which dictates the use of a particular technology. When strict application of these requirements would unreasonably impair the function of the technology chosen by the applicant, alternative forms of concealment or deployment may be permitted which provide similar or greater protections from negative visual impacts to the streetscape.
G. Parking Lot Lighting. Small wireless facilities are permitted as attachments to or replacements of existing parking lot light fixtures. The design of the parking lot light fixture shall be in accordance with LMC 18A.60.095 and 5.32.090; provided, that a pole extender up to four (4) feet in height may be utilized. Exterior lighting shall comply with LMC 18A.60.095. [Ord. 726 § 2 (Exh. B), 2019.]
A. New poles for small wireless facilities in the right-of-way, for placement on a pedestrian pole, or for deployments in the design zones are only permitted if the applicant can establish that:
1. The proposed small wireless facility cannot be located on an existing utility pole or light pole, electrical transmission tower or on a site outside of the public rights-of-way such as 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 LMC 18A.95.230(F).
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 also complies with Shoreline Management Act and SEPA, if applicable; and
5. No new poles shall be located in a critical area or associated buffer required by LMC Title 14, except when determined to be exempt pursuant to LMC Title 14.
B. An application for a new pole in the right-of-way of for installation on a pedestrian pole or in a design zone is subject to review and approval by the Director.
C. The concealment element design 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 small wireless facility, including but not limited to fiber and power connections.
1. If the applicant desires to place the small wireless facility on a pedestrian pole, and the City has created a small wireless facility standard for such type of pedestrian pole in the Standard Specification and Details, then the applicant is encouraged to first consider using the pedestrian pole design adopted for small wireless facilities from the Standard Specification and Details. The applicant, upon a showing that using the standard pedestrian pole design is either technically or physically infeasible, or that a modified pole design will not comply with the City’s ADA, or sidewalk clearance requirements and/or would violate electrical or other safety standards, may deviate from the adopted standard pedestrian pole design and propose a concealment element design consistent with subsection (C)(2) of this section.
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 rights-of-way, including similar height to the extent technically feasible. If the proposed small wireless facility is placed on a replacement pole in a design zone, then the replacement pole shall be of the same general design as the pole it is replacing, unless the Development Services Department otherwise approves a variation due to aesthetic or safety concerns. Any concealment element design for a small wireless facility 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.
3. In situations where interior concealment is not possible for the equipment enclosures, the equipment enclosures shall be concealed in underground vaults, if either telecommunication or electrical utilities are underground. If this is not technologically feasible, or other telecommunication or electrical utilities are not underground, equipment cabinets shall next be located in dual use street furniture conforming to the design district’s adopted standards such as a refuse container or street bench which incorporates an equipment enclosure. If use of dual purpose street furniture is not technically feasible, the equipment enclosure shall be mounted as described in the relevant subsection of LMC 18A.95.230.
4. 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.
D. Even if an alternative location is established pursuant to LMC 18A.95.170(E)(4), the Director may determine that a new pole in the right-of-way is in fact a superior alternative based on the impact to the City, the concealment element design, the City’s comprehensive plan and the added benefits to the community.
E. Meters and Fiber Optic Connections.
1. Independent Power and Communication Sources Required. Small wireless facilities located on City-owned wireless support structures may not use the same power or communication source providing power and/or communication for the existing facility original to the purposes of the support structure. The independent power source must be contained within a separate conduit inside the support structure. The applicant shall coordinate, establish, maintain and pay for all power and communication connections with private utilities.
2. A line drop (no electrical meter enclosure) shall be utilized whenever possible. If this is not possible, use the narrowest electrical meter and disconnect available.
F. Prior to the issuance of a permit to construct a new pole or ground-mounted equipment in the right-of-way, the applicant must obtain a site-specific agreement from the City to locate such new pole or ground-mounted equipment. The requirement also applies to the placement of replacement poles when the replacement is necessary for the installation or attachment of the small wireless facility, the replacement structure is higher than the replaced structure, and the overall height of the replacement structure and the wireless facility is more than sixty (60) feet.
G. 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 or otherwise have the effect of prohibiting wireless service, alternative forms of concealment or deployment may be permitted which provide similar or greater protections of the streetscape. [Ord. 726 § 2 (Exh. B), 2019.]
Service Facilities
See LMC 18A.10.180 for definitions relevant to this chapter. [Ord. 726 § 2 (Exh. B), 2019.]
The purpose of this chapter is to regulate the placement, construction and modification of wireless communication facilities, in order to protect the health, safety and welfare of the public, while not unreasonably interfering with the development of the competitive wireless telecommunication marketplace in the City. Among the purposes included are to:
A. Minimize potential adverse visual, aesthetic, and safety impacts of all wireless service facilities.
B. Establish objective standards for the placement of wireless service facilities.
C. Ensure that such standards allow competition and do not unreasonably discriminate among providers of functionally equivalent services.
D. Encourage the design of such wireless service facilities to be aesthetically and architecturally compatible with the surrounding built and natural environments where possible.
E. Encourage the collocation or attachment of wireless service facilities on existing support structures to help minimize the total number and impact of such structures throughout the community. [Ord. 726 § 2 (Exh. B), 2019.]
The placement of any wireless service facility in any location within the City is subject to the provisions of this chapter except those specifically exempted under LMC 18A.95.040.
A. Permit Required. Any person holding a license from the FCC to provide wireless services who desires to place any wireless service facility within the boundaries of the City must apply to the City for the appropriate wireless service facility permit.
B. Lease Required. In addition to the requirement of obtaining the appropriate wireless service facility permit, if all or a portion of the wireless service facility will be located upon a City-owned structure, or upon nonright-of-way property which is either City-owned or City-leased, the applicant shall be required to enter into a lease agreement with the City for the use of the City property.
C. Franchise Required. In addition to the requirement of obtaining the appropriate wireless communication facility permit, if all or a portion of the wireless communication facility will be located within the City’s right-of-way, the applicant shall be required to enter into a franchise agreement with the City for the use of the City’s right-of-way.
D. Nonconforming Structure or Use. Wireless service facilities existing before April 28, 1998, or those with permits issued by the City after April 28, 1998, but prior to the effective date of the ordinance codified in this title, which do not meet the requirements of this chapter shall be allowed to continue as they presently exist, but shall be considered nonconforming uses for the purposes of this title and subject to Chapter 18A.20 LMC, Article II, as applicable; provided, that any such wireless service facility may be modified through an eligible facility request pursuant to Article III of this chapter. [Ord. 726 § 2 (Exh. B), 2019.]
A. Wireless service facilities shall not be considered nor regulated as essential public facilities.
B. Wireless service facilities located outside the public right-of-way may be either a primary or secondary use. A different use of an existing structure on the same lot shall not preclude the installation of a wireless service facility.
C. A small wireless facility, as defined in LMC 18A.10.180, located within the public right-of-way pursuant to a valid franchise is a permitted use in every zone of the City, but still requires a small wireless facility permit pursuant to LMC 18A.95.190.
D. Macro facilities, as defined in LMC 18A.10.180, are permitted uses in every zone of the City, but still require a macro facility permit pursuant to LMC 18A.95.060.
E. The following wireless service facilities shall be exempt from the requirement to obtain land use permits:
1. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC.
2. Antennas and related equipment no more than three (3) feet in height that are being stored, shipped, or displayed for sale.
3. Amateur radio station operators or receive-only antennas.
4. Home satellite services, including satellite dish antennas less than six and one-half (6.5) feet in diameter and direct-to-home satellite services, when used as an accessory use of the property.
5. Public safety wireless service facilities and equipment, including the regional 911 system, radar systems for military and civilian communication and navigation, and wireless radio utilized for temporary emergency communications in the event of a disaster.
6. A mobile transmission facility or other temporary wireless service facility temporarily placed on a site for a period of thirty (30) days or less, unless an administrative use permit is obtained for an additional period or unless the City has declared an area-wide emergency.
7. Emergency or routine maintenance and repair of an existing wireless service facility and related equipment, excluding structural work or changes in height or dimensions of antennas, towers, or buildings; provided, that compliance with the standards herein is maintained.
8. Wireless service facilities installed on properties that are subject to the Chambers Creek Properties Joint Procedural Use Agreement, which shall instead be regulated to the terms and conditions of the interlocal agreement and design standards adopted thereunder, as administered by the City of University Place pursuant to interlocal agreement. If, at some point, the interlocal agreement is abandoned or terminated, such uses on the Lakewood portion of the Chambers Creek Properties shall once again be subject to the requirements set forth herein; provided, that any existing uses which do not meet these standards shall be considered to be and shall be regulated as nonconforming.
F. Nonuse or Abandonment.
1. Abandonment.
a. The owner or operator of any abandoned wireless service facility shall notify the City of Lakewood, in writing, at least thirty (30) days prior to the date of discontinuation of operation or abandonment of a wireless service facility. In the event that a licensed carrier fails to give notice, the facility shall be considered abandoned upon the City’s discovery of discontinuation of operation or upon a determination by the City of the date abandoned, and subsequent notice of the City’s determination of abandoned status to the WSF owner and/or operator.
b. Except as provided in LMC 18A.95.040(F)(1)(c), an owner or operator shall have ninety (90) days from the date of abandonment within which to reactivate the use of the facility or transfer the facility to another provider who makes actual use of the facility.
c. If abandonment occurs due to the relocation of an antenna to a lower point on the antenna support structure, a reduction in the effective radiated power of the antenna or a reduction in the number of transmissions from the antennas, then the operator of the tower shall have six (6) months from the date of effective abandonment to collocate another service on the tower. If another service provider is not added to the tower, then the operator shall dismantle and remove, within thirty (30) days, that portion of the tower which resulted from a collocation height increment and/or exceeds the minimum height required to function satisfactorily. City approval for that portion of the tower shall automatically expire two hundred ten (210) days from the date of abandonment if the collocation is not completed or upon completion of the dismantlement and removal of that portion of the tower that is no longer being utilized, whichever comes first.
d. Except as provided in this section, changes which are made to wireless service facilities that do not diminish their essential role in providing a total system shall not constitute abandonment. However, in the event that there is a physical reduction in height of substantially all of the providers’ towers in the City or surrounding area, then all of the towers within the City shall similarly be reduced in height.
2. Dismantlement and Removal of Facility. If the abandoned wireless service facility, including all accessory structures, antennas, foundation, and other associated appurtenances are not removed within the required time period, the City may remove the wireless service facility and all associated development at the provider’s expense. If there are two (2) or more providers collocating on a facility, this provision shall not become effective until all providers cease using the facility, except as provided in subsection (F)(1)(c) of this section.
3. Except as provided in subsection (F)(1)(c) of this section, City approval for the facility shall automatically expire ninety (90) days from the date of abandonment if the wireless service facility is not reactivated or upon completion of the dismantlement and removal of the wireless service facility, whichever comes first.
4. Security and Lien. Prior to the commencement of demolition, each applicant shall post sufficient security in the form of a cash guarantee or assignment of funds in a form acceptable to the City, cashier’s check, or cash, to cover the estimated cost of demolition or removal of the tower and support structures, including complete site restoration. If, for any reason, the posted funds are not adequate to cover the cost of removal, then the City may charge the facility owner or operator with the City’s total cost incurred in removing the abandoned structures. If the owner or operator fails to make full payment within thirty (30) calendar days, then the amount remaining unpaid shall become a lien on the facility property. [Ord. 726 § 2 (Exh. B), 2019.]
To the extent that any provision of this chapter is inconsistent or conflicts with any other City ordinance, this chapter shall control. Otherwise, this chapter shall be construed consistently with the other provisions and regulations of the City Code. [Ord. 726 § 2 (Exh. B), 2019.]
A. A preapplication meeting is encouraged prior to submitting an application for a wireless service facility permit.
B. Applications for a macro facility shall be filed with the Director on forms prescribed by the City. All applications shall be accompanied by a filing fee and other applicable fees as required by the Lakewood Master Fee Schedule. 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 macro facility;
3. A statement identifying the nature and operation of the macro 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. 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. Information necessary to demonstrate the applicant’s compliance with FCC rules, regulations and requirements which are applicable to the proposed macro facility;
7. An explanation of the technical need for the macro facility, this may include but is not limited to capacity or coverage requirements;
8. If not proposing a collocation, then documentation showing that the applicant has made a reasonable attempt to find a collocation site acceptable to engineering standards and that collocating was not technically feasible or that it posed a physical problem; and
9. Inventory of Existing Sites. Each applicant for a tower shall provide an inventory of its existing macro facilities that are within the City limits; and
10. 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. 726 § 2 (Exh. B), 2019.]
A. Application. Upon receipt of a complete application for a macro facility, application shall be processed administratively. In addition to the administrative use permit, additional permits including, but not limited to, a building permit, zoning certification, site development permit and if applicable, a right-of-way permit are required prior to site development and construction.
B. Review. The Director shall review the application for conformance with the application requirements and review criteria listed in this section to determine whether the application is consistent with this chapter.
C. Decision. A permit may be granted, granted with conditions pursuant to this chapter and the code, or denied. Any condition reasonably required to enable the proposed use to meet the standards of this chapter and code may be imposed. If no reasonable condition(s) can be imposed that ensure the application meets such requirements, the application shall be denied. The Director’s decision is final and appealable to Pierce County Superior Court.
D. Conditions. Conditions imposed under this chapter shall constitute permanent regulations on the exercise of the approved use. Each permit issued by the City shall be conditioned to:
1. Require the permittee to allow collocation of proposed macro facilities on the permittees’ site, unless the permittee demonstrates that collocation will substantially impair the technical operation of the existing macro facilities to a substantial degree.
2. Require the permittee to maintain the macro facility in a state of good repair and to maintain or replace, if necessary, vegetation and landscaping required as a condition of approving the permit.
3. Require the permittee to notify the City of any sale, transfer, assignment of a site or a macro facility within sixty (60) days of such event.
4. Require the permittee to comply with the provisions of this title and all other applicable City ordinances and rules and regulations. [Ord. 726 § 2 (Exh. B), 2019.]
No application for a macro facility may be approved unless all of the following criteria are satisfied:
A. The proposed use will be served by adequate public facilities including roads, water, and fire protection.
B. The proposed use will not be materially detrimental to uses or property in the immediate vicinity of the subject property, and will not materially disturb persons in the use and enjoyment of their property.
C. The proposed use will not be materially detrimental to the public health, safety and welfare.
D. The proposed use is in accord with the comprehensive plan.
E. The proposed use complies with this chapter and all other provisions of this code.
F. The Director shall review the application for conformance with the following criteria:
1. Compliance with prioritized locations pursuant to LMC 18A.95.090.
2. Compliance with design standards pursuant to LMC 18A.95.100, 18A.95.110, and 18A.95.120 as applicable. [Ord. 726 § 2 (Exh. B), 2019.]
The location of wireless service facilities shall be located in the following prioritized order of preference:
A. Collocation with existing macro facility(ies) or another existing public facility/utility facility (i.e., existing or replacement utility pole or an existing monopole/tower).
B. Collocation on existing buildings and structures located in nonresidential zones.
C. Collocation on existing buildings and structures in residential zones not used for residential use (e.g., religious facility or public facility).
D. New monopole structure where the sole purpose is for wireless service facilities; i.e., monopole or other type of tower, located in the following order of priority:
1. Locate macro facilities in the IBP, I1, and I2 zoning districts.
2. Locate macro facilities in the C1 and C2 zoning districts.
3. Locate macro facilities on nonresidential property in the CBD, TOC, and PI zoning districts.
4. Locate macro facilities on nonresidential property in the NC1 and NC2 zoning districts.
6. Locate macro facilities in the C3 zoning district.
7. Locate macro facilities on nonresidential property in the OSR1 and OSR2 zoning districts.
8. Locate macro facilities on nonresidential property in the MF1, MF2, MF3, and ARC zoning districts.
9. Locate macro facilities on residential property in the CBD, TOC, PI, NC1, NC2, OSR1, OSR2, and ARC zoning districts.
10. Locate macro facilities on residential property in MF1, MF2, and MF3 zoning districts.
11. Antennas and new towers shall not be located in single-family residential zoning districts, except as allowed above, unless the applicant demonstrates that all other possible locations and collocations are not technically feasible.
New monopole structures pursuant to LMC 18A.95.090(D) shall be the minimum height necessary to serve the target area and provide for reasonable collocation. Further, the monopole structure shall comply with the setback requirements of the commercial or business zone districts, as applicable. In no case shall the antenna be of a height that requires illumination by the Federal Aviation Administration (FAA). [Ord. 726 § 2 (Exh. B), 2019.]
The location and design of macro facilities shall consider the impacts, including visual, of the facility on the surrounding neighborhood. All macro facilities shall conform with the following siting and design requirements as applicable:
A. Siting. Any applicant who proposes to construct a new macro facility shall demonstrate that the proposed facility is located at the least obtrusive and the most appropriate site available. Facilities shall be placed in locations where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening and shall be designed to minimize any significant adverse impact on residential property.
C. Development. Development and construction of the site shall preserve the existing character of the site as much as possible. Existing vegetation should be preserved. When existing vegetation cannot be preserved, vegetation shall be improved by landscaping. Disturbance of the existing topography of the site shall be minimized.
D. Design. Facilities shall be architecturally compatible with the surrounding buildings and land uses in the zoning district and screened or otherwise integrated, through location and design, to blend in with the existing characteristics of the site.
E. FCC Licensure. The City will only process macro facility permit applications upon a satisfactory showing of proof that the applicant is an FCC-licensed telecommunications provider or that the applicant has agreements with an FCC-licensed telecommunications provider for use or lease of the facility.
F. Compliance with Other Laws. Macro facility service providers shall demonstrate compliance with FCC and FAA rules and regulations and all other applicable federal, state, and local laws, rules and regulations, including FAA and U.S. Air Force airspace maximum height criteria. Failure to maintain compliance with applicable standards and regulations shall constitute grounds for the City to remove a provider’s facilities at the provider’s expense.
G. Lot Size. For purposes of determining whether the installation of a macro facility complies with district development regulations including, but not limited to, setback requirements, lot-coverage requirements, and other development requirements, the dimensions of the entire lot shall control, even though the macro facility may be located on a leased parcel within that lot.
H. Height. Except as allowed by LMC 18A.95.130, Collocation, and LMC 18A.95.120(H), Tower Siting, no macro facility may exceed one hundred (100) feet in height. Further, the applicant must demonstrate, by engineering evidence satisfactory to the City, that the height requested is the minimum height necessary.
I. Security Fencing. Towers shall be enclosed by security fencing not less than six (6) feet in height, constructed of masonry, solid wood or coated chain link with matching colored slats, designed to blend with the character of the existing neighborhood; provided, however, that the Planning and Public Works (PPW) Director or, where applicable, the Hearing Examiner may waive these requirements as appropriate. Access to the macro facility shall be through a locked gate, and there shall be a universal key box at any such gates.
J. Landscaping. Macro facilities shall be landscaped as follows:
1. Macro facilities shall be landscaped with a buffer of plant materials that effectively screen the view of the macro facility compound. The City may also require any combination of existing vegetation, topography, walls, decorative fences or other features, in addition to landscaping, necessary to achieve the desired level of screening of the site. If the antenna is mounted on an existing building, and other equipment is housed inside an existing structure, landscaping may not be required. Landscaping is not required for facilities mounted on rooftops or on the top of other structures; however, other methods of screening may be required to be utilized.
2. Screening. The visual impacts of a macro facility shall be mitigated through landscaping or other screening materials at the base of a facility and/or compound. Landscaping shall be installed on the outside of fences. Further, existing vegetation shall be preserved to the maximum extent possible and may be used as a substitute for or as a supplement to landscaping requirements. The following landscaping and buffering shall be required around the perimeter of the compound:
a. Evergreen trees, a minimum of twelve (12) feet tall at planting, shall be planted in two (2) rows around the perimeter of the fence. The trees shall be planted so that the trees are staggered in the rows to provide maximum screening and are located no further apart than fifteen (15) feet on center.
b. A row of bushes at least thirty (30) inches high at planting and which is capable of growing into a continuous hedge to at least forty-eight (48) inches in height within two (2) years shall be planted no more than four (4) feet on center, in front of the tree line referenced above.
c. Groundcover shall be planted such that it will completely cover the soil within the landscape area within eighteen (18) months of planting, generally one (1) gallon size plants planted no more than eighteen (18) inches on center.
3. In the event that landscaping is not maintained at the level required herein or as required in any conditional use permit, the City may, after giving thirty (30) days’ advance written notice, establish and/or maintain the landscaping and bill both the owner and lessee of the site for such costs until such costs are paid in full.
L. Aesthetics. Macro facilities shall meet the following requirements:
1. Unless a different color is required by the FCC or FAA, a macro facility shall be painted a neutral color generally matching the surroundings or background to minimize its visual obtrusiveness.
2. At a macro facility site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend into the existing natural and constructed environment.
M. View Corridors. Due consideration shall be given so that macro facilities do not obstruct or significantly diminish views of Mt. Rainier, Puget Sound, the Olympic Mountains or other scenic vistas.
N. Required Parking. Off-street parking shall be determined by the Director. The amount of parking required to be provided shall be dependent on whether the cell site is fully automated, partially automated, or is not automated.
O. Lighting. If lighting is required for any macro facility, then the lighting shall be of a type to cause the least disturbance to the surrounding area and which shall not cause glare skyward or beyond the property line. Exterior lighting shall comply with LMC 18A.60.095.
P. Measurement. For purposes of measurement, macro facility setbacks and separation distances shall be calculated and applied irrespective of jurisdictional boundaries.
R. Signs. No signs shall be allowed on antennas or towers, except safety signage as required by applicable laws, standards, and regulations.
S. Noise. Macro facilities shall not produce noise in excess of limitations set forth in Chapter8.36 LMC.
T. Backhaul Providers. Backhaul providers shall be identified at the time of right-of-way (ROW) permit application and as a condition of ROW permit approval, and shall obtain and maintain all necessary approvals to operate as such, including holding necessary franchises, permits, and certificates. The method of providing backhaul, either wired or wireless, shall be identified.
U. Safety Inspections. Each owner and/or service provider shall conduct all safety inspections in accordance with the EIA and FCC standards.
V. Equipment Structures. Ground-level equipment, buildings, and the tower base shall be screened from public view. All such structures shall be considered primary structures, not accessory structures, for the purposes of development regulations. The standards for the equipment buildings are as follows:
1. The maximum floor area shall be three hundred (300) square feet, and the maximum height shall be twelve (12) feet, unless the applicant demonstrates that the macro facility and/or proposed collocation will require additional space or height to function within the provider’s local network. The City may, at its sole discretion, approve multiple equipment structures or one (1) or more larger structures if it will result in a more aesthetically pleasing structure and/or site design or will further other public policy objectives.
2. The equipment building shall be located no more than fifty (50) feet from the tower or antenna, except under unique and unusual circumstances demonstrated by the applicant to the City’s satisfaction or for other public policy considerations.
3. Ground level buildings shall be screened from view by landscape plantings, fencing, or other appropriate means, as specified in this title or other City ordinances or regulations.
4. A macro facility, including equipment buildings, antennas, and related equipment, shall occupy no more than twenty-five (25) percent of the total roof area of the building on which the macro facility is mounted. The City may, at its sole discretion, increase the percentage of building coverage allowed, if collocation is achieved and an adequate screening structure is used.
5. Equipment buildings mounted on a roof shall be completely screened from view by materials that are consistent and compatible with the design, color, and materials of the building. Equipment for roof-mounted antenna may also be located within the building on which the antenna is mounted.
6. If located in residential zones, equipment buildings shall be designed so as to conform in appearance with nearby residential buildings and equipment structures shall comply with the setback requirements of the zoning district. [Ord. 813 § 2, 2024; Ord. 726 § 2 (Exh. B), 2019.]
A macro facility mounted on and/or extending above a structure shall be subject to the following:
A. The antenna shall be architecturally compatible, to the maximum extent feasible, with the building and/or wall on which it is mounted, and shall be designed and located so as to minimize adverse aesthetic impact.
1. The antenna may be mounted on a wall of an existing building if it is mounted as flush to the wall as is technically possible and does not project further above the top of the wall on which it is mounted beyond that height necessary to fulfill the function of that site within the local network system.
2. The antenna may be mounted on a building roof if the City finds that it is not technically possible or aesthetically desirable to mount the antenna on a wall.
3. The antenna shall be constructed, painted, or fully screened to match, as closely as possible, the color and texture of the building and/or wall on which it is mounted.
4. No portion of the antenna or base station shall exceed the height limitations set forth in this section.
B. If an equipment shelter is present, the structure shall be architecturally and visually compatible with surrounding existing buildings, structures, vegetation, and uses in terms of color, size, and bulk. Such facilities will be considered architecturally and visually compatible if they blend with the surrounding buildings in architectural character and color and are camouflaged to disguise the facility.
C. The maximum height of a utility pole extension shall be determined by the City Engineer and Director. The pole extension shall be designed such that the height of the utility pole is the minimum additional height necessary to support the antennas and provide adequate safety clearance from wirelines and the diameter of the utility pole required to support the antenna is not increased more than twenty (20) percent of the existing utility pole.
D. An antenna attached to the roof or sides of a building at least thirty (30) feet in height, or on an existing water tank, or a similar structure, must extend no more than sixteen (16) feet above the structure to which it is attached. [Ord. 726 § 2 (Exh. B), 2019.]
A. Setbacks. All towers, support structures and accessory buildings must satisfy the minimum setback requirements for the zoning district in which they are located, except under the following conditions:
1. Tower Setback. A tower’s setback shall be measured from the base of the tower to the property line of the parcel on which it is located. In the MF1, MF2, MF3, MR1, MR2, R1, R2, R3, and R4 zoning districts, where permitted, and on property abutting or adjacent to such districts, towers shall be set back from any property line in or abutting a residential zone a distance equal to one hundred (100) percent of tower height as measured from ground level, except for unusual geographic limitations or other public policy considerations, as determined at the City’s sole discretion.
2. In all other zones, towers shall comply with a minimum setback of fifteen (15) feet from all property lines.
3. Right-of-Way Setback Exception. The setback requirement may be waived if the antenna and antenna support structure are located in the public right-of-way.
B. Support Systems Setbacks. All guy wires, anchors, and other support structures must be located within the buildable area of the lot and not within the front, rear, or side yard setbacks or within the landscape screening buffer area and which shall be located no closer than fifteen (15) feet to any property line.
C. Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, then the lighting must be of the type to cause the least disturbance to the surrounding area and shall not cause glare skyward or beyond the property line. Furthermore, dual mode lighting shall be requested from the FAA when residential uses are located within five hundred (500) feet of the tower. Exterior lighting shall comply with LMC 18A.60.095.
D. Monopole Construction Required. All towers shall be of a tapering monopole construction unless the provider can demonstrate that another type of tower would cause less impact to the surrounding property than a tapering monopole structure and/or would otherwise further the purposes and goals of this section.
E. Building and Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is constructed and maintained in compliance with applicable City building codes and EIA standards, as amended.
F. Antenna and Support Structure Safety. The tower or antenna and its support structure shall be designed to withstand, at a minimum, a wind force of one hundred (100) miles per hour and one-half (1/2) inch of ice without the use of supporting guy wires. The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice, or other debris or interference. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.
G. Site Selection and Tower Height. Towers shall be located to minimize their number, height, and visual impacts on the surrounding area in accordance with the following policies:
1. Tower height shall not exceed one hundred (100) feet in height except under the following conditions:
a. Collocation of two (2) or more service providers allows for additional height by using collocation height increment provisions.
b. A single service provider who desires a tower exceeding one hundred (100) feet shall first demonstrate that it cannot build a shorter tower due to technical infeasibility and shall demonstrate that all other applicable criteria in this section and this title are met.
2. The height of a tower shall have the least visual impact feasible and the height shall be no greater than necessary to achieve service area requirements and to provide for potential collocation; and
3. The owner or service provider has demonstrated that the tower site selected provides, to the greatest extent feasible, the least visual impact on residential areas. This shall include an analysis of the potential impacts from other vantage points in the area to illustrate that the selected site and design provides the best opportunity to minimize the visual impact of the proposed facility.
4. The tower shall be sited to minimize solitary or prominent visibility when viewed from surrounding areas, especially residential areas. The facility shall be camouflaged to the maximum extent feasible.
H. Screening. Towers shall be significantly screened to the extent that it does not result in significant signal degradation. If there are no trees to provide screening, the site shall utilize significant camouflage or other design/construction methods satisfactory to the City, so as to provide compatible aesthetics on and around the site, to the fullest extent reasonably possible.
I. Separation Distances between Towers. Separation distances between towers shall be measured between the proposed tower and preexisting towers. Measurement shall be from base of tower to base of tower, excluding pad, footing or foundation. The separation distances shall be measured by drawing or following a straight line between the nearest point on the base of the existing tower and the proposed tower base, pursuant to a site plan of the proposed tower. The separation distances shall be listed in linear feet. Separation distances between towers shall be one thousand five hundred (1,500) linear feet; except when both towers are lattice or guyed towers, then the separation distance shall be five thousand (5,000) linear feet, or one (1) of the towers is a monopole less than one hundred (100) feet in height, then the separation distance shall be one thousand (1,000) linear feet; or, if the City designates areas where multiple towers can be located in closer proximity. The Director or Hearing Examiner, as applicable, may reduce tower separation distance requirements if written findings are made that the provider has demonstrated that the purposes and goals of this section or this title would be better served in doing so. However, the development of multiple tower locations on one (1) or more sites in close proximity, often referred to as “antenna farms,” is specifically prohibited, unless such a site has been so designated by the City Council. [Ord. 726 § 2 (Exh. B), 2019.]
To minimize adverse visual impacts associated with the proliferation of towers, collocation of macro facilities on existing or new towers is promoted and encouraged as follows:
A. To reduce the number of antenna support structures needed in the City in the future, new proposed support structures shall be designed to accommodate antennas for more than one user, unless the applicant demonstrates why such design is not feasible for technical reasons.
B. Proposed facilities shall collocate onto existing towers wherever reasonably feasible. A new or additional administrative use or conditional use permit approval, as appropriate, is not required when a new service provider is added to an existing tower without modification or reconstruction of the tower. However, requirements for any and all other permits, licenses, leases, or franchise conditions must be satisfied, and the collocation must be accomplished in a manner consistent with the policies, siting and design criteria, and landscape and screening provisions contained in this section, as well as any applicable requirements of the original administrative use or conditional use permit and building permit.
C. An existing tower may be modified or rebuilt to a taller height to accommodate collocation of an additional antenna without a new or additional administrative use or conditional use permit, as appropriate, and without additional distance separation; provided, that:
1. The tower shall be of the same tower type as the existing tower, or of a less obtrusive design, such as a monopole.
2. The additional antenna shall be of a similar type as those on the existing tower;
3. The tower, if reconstructed, is placed on its existing site within fifty (50) feet of its existing location.
4. The tower conforms to or can be modified to conform to the applicable design and development standards in this section.
5. The tower is not located within a single-family or multifamily residential zone. A tower may not be increased in height without a new or additional administrative use or conditional use permit, as appropriate, in these zones.
D. The City may deny an application to construct new facilities if the applicant has not demonstrated by substantial evidence that a diligent effort has been made to collocate the facilities.
E. Collocation Height Increments. Collocated wireless service facilities are eligible for additional height allowances if collocation occurs according to certain height and usage criteria.
1. To qualify for collocation height increments, the minimum required number of service providers must either be co-applicants and/or have valid lease agreements with the applicant for collocation, at the time of application. However, space reserved for future collocations may qualify for a maximum of one (1) additional service provider for the purpose of height increments, when at least two (2) providers have already located facilities on the tower or have valid lease agreements for such location. Additional height resulting from a height increment shall not require an additional distance separation.
2. In cases of space reservation, a first right-of-refusal, which is either executed or maintained while the provider’s facilities and services are in use, to lease the area at the base of the tower and/or mount for other providers, will meet the reservation requirement. The site plan shall reserve area for other providers’ equipment near the base of the applicant’s tower.
3. The additional height increment allowed for two (2) or more providers is thirty (30) feet above the base height. The additional height increment allowed for three (3) or more providers is fifty (50) feet above the base height and, for four (4) or more providers, is seventy (70) feet above the base height.
F. No macro facility service provider or lessee or agent thereof shall fail to cooperate in good faith to accommodate collocation with competitors. If a dispute arises about the feasibility of collocating, the Planning and Public Works (PPW) Director may require a third-party technical study, at the expense of either or both parties, to resolve the dispute. [Ord. 813 § 2, 2024; Ord. 726 § 2 (Exh. B), 2019.]
This article implements Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 (“Spectrum Act”), as interpreted by the FCC’s Acceleration of Broadband Deployment Report and Order, and 47 CFR §1.6100, which require a state or local government to approve any eligible facilities request for a modification of an existing tower or base station that does not result in a substantial change to the physical dimensions of such tower or base station. For definitions of terms utilized in this article, refer to LMC 18A.10.180. [Ord. 726 § 2 (Exh. B), 2019.]
A. Application. The City shall prepare and make publicly available an application form which shall be limited to the information necessary for the City 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.
B. Type of Review. Upon receipt of an application for an eligible facility request pursuant to this article, the City shall review such application to determine whether the application so qualifies.
C. Time Frame for Review. Within sixty (60) days of the date on which an applicant submits an application seeking approval under this chapter, the City shall approve the application unless it determines that the application is not covered by this article.
D. Tolling of the Time Frame for Review. The sixty (60) day review period begins to run when the application is filed, and may be tolled only by mutual agreement by the City and the applicant, or in cases where it is determined that the application is incomplete. The time frame for review is not tolled by a moratorium on the review of applications.
1. To toll the time frame for incompleteness, the City must provide written notice to the applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required in the application.
2. The time frame for review begins running again when the applicant makes a supplemental submission in response to jurisdiction’s notice of incompleteness.
3. Following a supplemental submission, the City will notify the applicant within ten (10) days that 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 subsection D. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.
E. Interaction with Section 332(c)(7). If the City determines that the applicant’s request is not covered by Section 6409(a) as delineated under this article, the federal presumptively reasonable time frame under 47 U.S.C. Section 332(c)(7) will begin to run from the issuance of the City’s decision that the application is not a covered request. To the extent such information is necessary, the City may request additional information from the applicant to evaluate the application under Section 332(c)(7), pursuant to the limitations applicable to other Section 332(c)(7) reviews.
F. Failure to Act. In the event the City fails to approve or deny a request seeking approval under this chapter within the time frame for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the applicable reviewing authority in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.
G. Remedies. Applicants and the City may bring claims related to Section 6409(a) to any court of competent jurisdiction. [Ord. 726 § 2 (Exh. B), 2019.]
A. Applicability. Any application for a small wireless facility both inside and outside of the right-of-way shall comply with the application requirements for a small wireless facility permit described in this article. For small wireless facilities within the right-of-way, the applicant shall also obtain a franchise from the City and comply with the requirements pursuant to Chapters 12.07 and 12.08 LMC. Small wireless facility permits are issued by the Director.
B. Consolidated Permits. All permits, leases, and franchises necessary for the deployment of small wireless facilities shall be consolidated for review and a decision rendered to the full extent feasible within the presumptively reasonable time periods established by federal law. Applicants are allowed to apply for franchises or leases independently of an application for a small wireless permit.
C. Preapplication Meeting. A preapplication meeting is encouraged prior to submitting an application for a small wireless services facility permit.
D. Application Process. The Director is authorized to establish franchise and other application forms to gather the information required by this article from applicants and to determine the completeness of the application as provided herein.
1. Franchise. The process typically begins with and depends upon approval of a franchise for the use of the public right-of-way to deploy small wireless facilities if any portion of the applicant’s facilities are to be located in the right-of-way, consistent with the requirements in Chapters 12.07 and 12.08 LMC. An applicant with a franchise for the deployment of small wireless facilities in the City may proceed to directly apply for a small wireless facility permit and related approvals. An applicant may utilize phased deployment.
2. Small Wireless Facility Permits. The application requires specification of the small wireless facility components and locations as further required in the small wireless facility permit application described in subsection (E) of this section. Prior to the issuance of a small wireless facility permit, the applicant shall pay an application fee as set forth in the Lakewood Master Fee Schedule.
3. Associated Permit(s). The applicant shall attach all associated permits requirements such as applications or checklists required under the critical areas, shoreline or SEPA ordinances. Applications for deployment of small wireless facilities in design zones or on pedestrian poles or for new poles shall comply with the requirements in LMC 18A.95.250.
4. Leases. An applicant who desires to attach a small wireless facility on any utility pole or light pole owned by the City shall include an application for a lease as a component of its application. Leases for the use of utility poles or light poles shall be received and reviewed by the Director. Leases for the use of all other public property, structures or facilities shall be submitted to the City Council for approval.
E. Small Wireless Facility Permit Application. The following information shall be provided by all applicants for a small wireless facility permit:
1. 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:
a. The location of overhead and underground public utilities, telecommunication, cable, water, adjacent lighting, sewer drainage and other lines and equipment within fifty (50) feet of the proposed project area (which shall include the location of the fiber source and power source). Further, the applicant shall include 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 fifty (50) feet of the proposed project area.
b. 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.
c. The construction drawings shall also include the applicant’s plan for electric and fiber utilities, all conduits, cables, wires, handholes, junctions, meters, disconnect switches and any other ancillary equipment or construction necessary to construct the small cell facility, to the extent to which the applicant is responsible for installing such electric and fiber utilities, conduits, cables, and related improvements. Where another party is responsible for installing such electric and fiber utilities, conduits, cables, and related improvements, applicant’s construction drawings will include such utilities to the extent known at the time of application, but at a minimum applicant must indicate how it expects to obtain fiber and electric service to the small cell facility.
d. If the site location includes a new replacement light pole, then the applicant must submit a photometric analysis of the roadway and sidewalk within one hundred fifty (150) feet of the existing light.
e. Compliance with the aesthetic requirements of LMC 18A.95.230, or 18A.95.250 as applicable.
2. 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. For locations outside the City right-of-way, to extent that the pole or structure is not owned by the property owner, the applicant shall demonstrate in writing that it has authority from the property owner to install the small wireless facility on the pole or structure. 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 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.
3. The applicant is encouraged to batch the small wireless facility sites within an application in a contiguous service area.
4. Any application for a small wireless facility located in the right-of-way adjacent to a parcel zoned for residential use shall demonstrate that the applicant has evaluated the following:
a. 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.
b. Whether the proposed small wireless facility can be screened from residential view by choosing a pole location that is not directly in front of a window or views. The applicant must demonstrate that no technically feasible alternative location exists which is not directly in front of a window or views.
5. Any application for a small wireless permit which contains an element which is not exempt from SEPA review shall simultaneously apply under Chapter 43.21C RCW and Chapter 18A.20 LMC. Further, any application proposing small wireless facilities in critical areas (pursuant to LMC Title 14) must indicate that the application is exempt or comply with the review processes in such codes.
6. 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 cumulative 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.
7. The applicant shall provide proof of FCC or other regulatory approvals required to provide the service(s) or utilize the technologies sought to be installed.
8. A professional engineer licensed by the State of Washington or the pole owner shall certify in writing, over his or her seal, that construction plans of the small wireless facilities and structure or pole and foundation are designed to reasonably withstand wind and seismic loads.
9. A right-of-way use permit as required by Chapters 12.07 and 12.08 LMC.
10. Proof of a valid Lakewood business license.
11. Recognizing that small wireless facility technology is rapidly evolving, the Director is authorized to adopt and publish standards for the technical 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.
12. Such other information as the Director, in his/her discretion, shall deem appropriate to effectively evaluate the application based on technical, engineering and aesthetic considerations. [Ord. 726 § 2 (Exh. B), 2019.]
A. Review. The following provisions, as applicable, relate to review of applications for a small wireless facility permit:
1. The City will review the permit application to determine compliance with this article.
2. Vertical clearance shall be reviewed by the Director to ensure that the small wireless facilities will not pose a hazard to other users of the right-of-way.
3. Replacement poles and new poles shall 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 right-of-way. Further, 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 8.36 LMC.
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.
B. Community Development Services Department. All small wireless facility deployment applications shall be reviewed by the Director. The Director’s decision shall be final and is appealable to Pierce County Superior Court.
C. Eligible Facilities Requests. Small wireless facilities may be expanded pursuant to an eligible facilities request so long as the expansion (1) does not defeat design elements specifically designated as concealment techniques and (2) incorporates the aesthetic elements and design criteria set forth in this chapter in a manner consistent with the rights granted an eligible facility.
D. Review of Facilities. 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 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 article shall neither prohibit nor have the effect of prohibiting the ability of an applicant to provide telecommunications services.
E. Withdrawal. Any applicant may withdraw an application submitted 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 supplemental information as required by the Director for completeness within sixty (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. 758 § 2 (Exh. A), 2021; Ord. 726 § 2 (Exh. B), 2019.]
A. The grantee of any permit shall comply with all of the requirements within the small wireless facility permit.
B. Post-Construction As-Builts. Within thirty (30) days after construction of the small wireless facility, the grantee shall provide the City with as-builts of the small wireless facilities demonstrating compliance with the permit and site photographs.
C. Permit Time Limit. Construction of the small wireless facility must be completed within six (6) months after the approval date by the City. The grantee may request one (1) extension prior to the expiration date which is limited to an additional (6) months, if the applicant cannot construct the small wireless facility within the original six (6) month period. The permit shall be deemed abandoned and the facilities removed as provided in LMC 18A.95.040 if the small wireless facility is not activated within six (6) months of construction.
D. Site Safety and Maintenance. The grantee must maintain the small wireless facilities in safe and working condition. The grantee shall be responsible for the removal of any graffiti or other vandalism and shall keep the site neat and orderly, including but not limited to following any maintenance or modifications on the site.
E. Operational Activity. Grantee shall commence operation no later than six (6) months after installation. The grantee may request one (1) six (6) month extension if operation is delayed due to grantee’s inability to connect to electrical or backhaul. [Ord. 726 § 2 (Exh. B), 2019.]
A. If a grantee desires to make a modification to an existing small wireless facility, including but not limited to expanding or changing the antenna type, increasing the equipment enclosure, placing additional pole-mounted or ground-mounted equipment, or modifying the concealment elements, then the applicant shall apply for a small wireless facility permit.
B. A small wireless facility permit shall not be required for routine maintenance and repair of a small wireless facility within the right-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, does not impact the structural integrity of the pole, and does not require pole replacement. Further, a small wireless facility permit shall not be required for replacing equipment within the equipment enclosure or reconfiguration of fiber or power to the small wireless facility. Right-of-way use permits may be required for such routine maintenance, repair or replacement consistent with Chapters 12.07 and 12.08 LMC. [Ord. 726 § 2 (Exh. B), 2019.]
A. The issuance of a small wireless facility permit grants authority to construct small wireless facilities in the right-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 Divisions. If the applicant requires a new franchise to utilize the right-of-way, the franchise approval may be consolidated with the small wireless facility permit review if requested by the applicant. 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. To the extent they do not conflict with the requirements of this chapter, the general standards applicable to the use of the right-of-way described in Chapters 12.07 and 12.08 LMC shall apply to all small wireless facility permits. [Ord. 726 § 2 (Exh. B), 2019.]
A. The following zones are designated as design zones for the purpose of siting small wireless facilities:
1. All City-owned parks within the City.
2. All Urban Design Focus Area Districts as defined in Lakewood Comprehensive Plan Chapter 4, Urban Design and Community Character.
B. The City discourages the use of pedestrian poles for small wireless facilities that would have a negative aesthetic impact to the City’s streetscape.
C. Any applicant who desires to place a small wireless facility in a design zone must first demonstrate that the applicant cannot locate the small wireless facility outside of the design zone. Applications for new 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 five hundred (500) feet of the proposed site and outside of the design zone.
D. Applications for small wireless facilities within design zones or on pedestrian poles are subject to approval by the Director and must comply with a concealment element design described in LMC 18A.95.250. [Ord. 726 § 2 (Exh. B), 2019.]
A. The following provisions establish design and concealment standards for small wireless facilities. These standards shall also apply to distributed antenna systems (“DAS”) when externally installed. Throughout this section, unless context clearly provides otherwise, the term “small cell facilities” refers to small wireless facilities, small cell facilities, microcells, small cell networks, and DAS.
B. Small wireless facilities attached to existing or replacement nonwooden light poles and other nonwooden poles in the right-of-way or nonwooden poles outside of 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 Design and Construction Standards, an applicant is encouraged to 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 adopted in this subsection (B).
2. The applicant shall minimize to the extent possible the antenna and equipment space and shall use the smallest amount of enclosure possible to fit the necessary equipment and reasonable expansion for future frequencies and/or technologies.
a. Concealed Completely within the Pole or Pole Base. Antennas and the associated equipment enclosures (including disconnect switches and other appurtenant devices) shall be fully concealed within the pole, unless such concealment is otherwise technically infeasible, or is incompatible with the pole design. If 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 camouflaged to appear as an integral part of the pole or flush-mounted to the pole, meaning for antennas no more than twelve (12) inches off of the pole and for associated equipment no more than six (6) inches off the pole, and must be the minimum size necessary for the intended purpose, the pole, and must be the minimum size necessary for the intended purpose and reasonable expansion for future frequencies and/or technologies, not to exceed the volumetric dimensions of small wireless facilities. 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 preexisting associated equipment on the pole, may not exceed twenty-eight (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. The applicant may propose a side-mounted canister antenna, so long as the inside edge of the antenna is no more than six (6) 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.
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.
3. The furthest point of any equipment enclosure may not extend more than twenty-eight (28) inches from the face of the pole. Any equipment or antenna enclosures must meet WSDOT height clearance requirements.
4. All conduit, cables, wires and fiber must 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 (6) feet above the height of the existing pole and the diameter may not exceed sixteen (16) inches, measured at the top of the pole, unless the applicant can demonstrate that more space is technically needed. To the extent technically feasible, the antennas shall be integrated into the pole design so that it appears as a continuation of the original pole, including colored or painted to match or be compatible with the pole, and shall be shrouded or screened to blend with the pole, 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.
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. Any replacement pole shall be placed as close to the original pole as possible, but no more than five (5) feet from the existing pole location.
7. The height of any replacement pole may not extend more than six (6) feet above the height of the existing pole or the minimum additional height technically necessary; 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 twenty (20) inches 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 (F)(4) 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.
C. Wooden Pole Design Standards. Small wireless facilities located on wooden poles 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 ten (10) feet taller than the existing pole, unless a further height increase is required and confirmed in writing by the pole owner and that such height extension is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities.
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 ten (10) feet, unless a further height increase is required and confirmed in writing by the pole owner and that such height increase is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities. A “pole extender” as used herein is an object affixed between the pole and the antenna for the purpose of increasing the height of the antenna above the pole. The pole extender shall be painted to approximately match the color of the pole and shall substantially match the diameter of the pole measured at the top of the pole.
3. Replacement wooden poles must either match the approximate color and materials of the replaced pole or shall be the standard new wooden pole used by the pole owner in the City.
4. 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.
5. Antennas shall not be mounted more than twelve (12) inches from the surface of the wooden pole.
6. Antennas shall be placed in an effort to minimize visual clutter and obtrusiveness. Multiple antennas are permitted on a wooden pole; provided, that each antenna enclosure shall not be more than three (3) cubic feet in volume.
7. A canister antenna may be mounted on top of an existing wooden pole, which may not exceed the height requirements described in LMC 18A.95.250(C)(1). A canister antenna mounted on the top of a wooden pole shall not exceed sixteen (16) inches in diameter, measured at the top of the pole, and to the extent technically feasible, shall be colored or painted to match or be compatible with the pole. The canister antenna must be placed to look as if it is an extension of the pole. In the alternative, the applicant may propose a side-mounted canister antenna, so long as the inside edge of the antenna is no more than twelve (12) inches from the surface of the wooden pole. To the extent technically feasible, 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 twenty-eight (28) inches from the face of the pole. Any equipment or antenna enclosures must meet WSDOT height clearance requirements.
9. An omnidirectional antenna may be mounted on the top of an existing wooden pole, provided such antenna is no more than four (4) feet in height and is mounted directly on the top of a pole or attached to a sleeve made to look like the exterior of the pole as close to the top of the pole as technically feasible. All cables shall be concealed within the sleeve between the bottom of the antenna and the mounting bracket.
10. All related equipment, including but not limited to ancillary equipment, radios, cables, associated shrouding, microwaves, and conduit which are mounted on wooden poles shall not be mounted more than six (6) inches from the surface of the pole, unless a further distance is technically required, and is confirmed in writing by the pole owner.
11. Equipment for small wireless facilities must be attached to the wooden pole, unless otherwise permitted to be ground-mounted pursuant to subsection (F)(1) of this section. The equipment must be placed in the smallest enclosure possible for the intended purpose. The equipment enclosure and all other wireless equipment associated with the utility pole, including wireless equipment associated with the antenna and any preexisting associated equipment on the pole, may not exceed twenty-eight (28) cubic feet. Multiple equipment enclosures may be acceptable if designed to more closely integrate with the pole design and do not cumulatively exceed twenty-eight (28) cubic feet. The applicant is encouraged to place the equipment enclosure behind any banners or road signs that may be on the pole; provided, that such location does not interfere with the operation of the banners or signs.
12. An applicant who desires to enclose both its antennas and equipment within one unified enclosure may do so; provided, that such enclosure is the minimum size necessary for its intended purpose and the enclosure and all other wireless equipment associated with the pole, including wireless equipment associated with the antenna and any preexisting associated equipment on the pole does not exceed twenty-eight (28) cubic feet. The unified enclosure may not be placed more than twelve (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.
13. 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.
14. The use of the wooden pole for the siting of a small wireless facility shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host site for a small wireless facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small wireless facility and the small wireless facility and all associated equipment shall be removed.
15. The diameter of a replacement pole shall comply with the City’s setback and sidewalk clearance requirements and shall not be more than a twenty-five (25) percent increase of the existing utility pole measured at the base of the pole.
16. 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.
D. 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, unless otherwise technically infeasible.
7. Small wireless facilities must meet the height requirement of the underlying zoning district.
8. Feed lines and coaxial cables shall be located below the parapet of the rooftop.
9. If a cabinet enclosure cannot be located within the building where the wireless service facilities will be located, then the City’s first preference is for the wireless telecommunication carrier to locate the equipment on the roof of the building. If the equipment can be screened by placing the equipment below the parapet walls, no additional screening is required. If screening is required, the proposed screening must be consistent with the existing building in terms of color, design, architectural style, and material. If the cabinet equipment cannot be located on the roof or within the building then it shall be located underground consistent with subsection (F)(1) of this section.
E. Small wireless facilities mounted on cables strung between existing utility poles shall conform to the following standards:
1. Each strand-mounted facility shall not exceed three (3) cubic feet in volume;
2. Only one (1) strand-mounted facility is permitted between any two (2) existing poles;
3. The strand-mounted devices shall be placed as close as possible to the nearest utility pole, in no event more than five (5) feet from the pole unless a greater distance is technically necessary or is required by the pole owner for safety clearance;
4. No strand-mounted device shall be located in or above the portion of the roadway open to vehicular traffic;
5. Ground-mounted equipment to accommodate a shared mounted facility is not permitted except when placed in preexisting equipment cabinets; and
6. Pole-mounted equipment shall comply with the requirements of subsections (A) and (B) of this section.
7. Such strand-mounted devices must be installed to cause the least visual impact and without excess exterior cabling or wires (other than the original strand).
8. Strand-mounted facilities are only permitted on poles that have existing overhead wirelines.
F. General Requirements.
1. 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 ground-mounted equipment is necessary, then the applicant shall submit a concealment element plan. Generators located in the rights-of-way are prohibited.
2. No equipment shall be operated so as to produce noise in violation of Chapter 8.36 LMC.
3. 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 U.S.C. Sections 253 and 332.
4. Replacement poles and new poles shall comply with the Americans with Disabilities Act (ADA), City construction and sidewalk clearance standards, City ordinance, and state and federal laws and regulations in order to provide a clear and safe passage within the rights-of-way. Further, the location of any replacement or new pole must: be physically possible, comply with applicable traffic warrants, not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not adversely affect the public welfare, health or safety.
6. Replacement poles shall be located as near as possible to the existing pole with the requirement to remove the abandoned pole.
7. No signage, message or identification other than the manufacturer’s identification or identification required by governing law is allowed to be portrayed on any antenna or equipment enclosure. Any permitted signage shall be located on the equipment enclosures and be of the minimum amount possible to achieve the intended purpose (no larger than four by six (4 x 6) inches); provided, that signs are permitted as concealment element techniques where appropriate.
8. Antennas and related equipment shall not be illuminated except for security reasons, required by a federal or state authority, or unless approved as part of a concealment element plan.
9. Side arm mounts for antennas or equipment must be the minimum extension necessary and the inside edge of the antenna may be no more than twelve (12) inches from the surface of the pole.
10. The preferred location of a small wireless facility on a pole is the location with the least visible impact.
11. Antennas, equipment enclosures, and ancillary equipment, conduit and cable shall not dominate the structure or pole upon which they are attached.
12. Except for locations in the right-of-way, small wireless facilities are not permitted on any property containing a residential use in the residential zones.
13. The City may consider the cumulative visual effects of small wireless facilities mounted on poles within the rights-of-way when assessing proposed siting locations so as to not adversely affect the visual character of the City. This provision shall not be applied to limit the number of permits issued when no alternative sites are reasonably available nor to impose a technological requirement on the applicant.
14. These design standards are intended to be used solely for the purpose of concealment and siting. Nothing herein shall be interpreted or applied in a manner which dictates the use of a particular technology. When strict application of these requirements would unreasonably impair the function of the technology chosen by the applicant, alternative forms of concealment or deployment may be permitted which provide similar or greater protections from negative visual impacts to the streetscape.
G. Parking Lot Lighting. Small wireless facilities are permitted as attachments to or replacements of existing parking lot light fixtures. The design of the parking lot light fixture shall be in accordance with LMC 18A.60.095 and 5.32.090; provided, that a pole extender up to four (4) feet in height may be utilized. Exterior lighting shall comply with LMC 18A.60.095. [Ord. 726 § 2 (Exh. B), 2019.]
A. New poles for small wireless facilities in the right-of-way, for placement on a pedestrian pole, or for deployments in the design zones are only permitted if the applicant can establish that:
1. The proposed small wireless facility cannot be located on an existing utility pole or light pole, electrical transmission tower or on a site outside of the public rights-of-way such as 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 LMC 18A.95.230(F).
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 also complies with Shoreline Management Act and SEPA, if applicable; and
5. No new poles shall be located in a critical area or associated buffer required by LMC Title 14, except when determined to be exempt pursuant to LMC Title 14.
B. An application for a new pole in the right-of-way of for installation on a pedestrian pole or in a design zone is subject to review and approval by the Director.
C. The concealment element design 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 small wireless facility, including but not limited to fiber and power connections.
1. If the applicant desires to place the small wireless facility on a pedestrian pole, and the City has created a small wireless facility standard for such type of pedestrian pole in the Standard Specification and Details, then the applicant is encouraged to first consider using the pedestrian pole design adopted for small wireless facilities from the Standard Specification and Details. The applicant, upon a showing that using the standard pedestrian pole design is either technically or physically infeasible, or that a modified pole design will not comply with the City’s ADA, or sidewalk clearance requirements and/or would violate electrical or other safety standards, may deviate from the adopted standard pedestrian pole design and propose a concealment element design consistent with subsection (C)(2) of this section.
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 rights-of-way, including similar height to the extent technically feasible. If the proposed small wireless facility is placed on a replacement pole in a design zone, then the replacement pole shall be of the same general design as the pole it is replacing, unless the Development Services Department otherwise approves a variation due to aesthetic or safety concerns. Any concealment element design for a small wireless facility 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.
3. In situations where interior concealment is not possible for the equipment enclosures, the equipment enclosures shall be concealed in underground vaults, if either telecommunication or electrical utilities are underground. If this is not technologically feasible, or other telecommunication or electrical utilities are not underground, equipment cabinets shall next be located in dual use street furniture conforming to the design district’s adopted standards such as a refuse container or street bench which incorporates an equipment enclosure. If use of dual purpose street furniture is not technically feasible, the equipment enclosure shall be mounted as described in the relevant subsection of LMC 18A.95.230.
4. 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.
D. Even if an alternative location is established pursuant to LMC 18A.95.170(E)(4), the Director may determine that a new pole in the right-of-way is in fact a superior alternative based on the impact to the City, the concealment element design, the City’s comprehensive plan and the added benefits to the community.
E. Meters and Fiber Optic Connections.
1. Independent Power and Communication Sources Required. Small wireless facilities located on City-owned wireless support structures may not use the same power or communication source providing power and/or communication for the existing facility original to the purposes of the support structure. The independent power source must be contained within a separate conduit inside the support structure. The applicant shall coordinate, establish, maintain and pay for all power and communication connections with private utilities.
2. A line drop (no electrical meter enclosure) shall be utilized whenever possible. If this is not possible, use the narrowest electrical meter and disconnect available.
F. Prior to the issuance of a permit to construct a new pole or ground-mounted equipment in the right-of-way, the applicant must obtain a site-specific agreement from the City to locate such new pole or ground-mounted equipment. The requirement also applies to the placement of replacement poles when the replacement is necessary for the installation or attachment of the small wireless facility, the replacement structure is higher than the replaced structure, and the overall height of the replacement structure and the wireless facility is more than sixty (60) feet.
G. 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 or otherwise have the effect of prohibiting wireless service, alternative forms of concealment or deployment may be permitted which provide similar or greater protections of the streetscape. [Ord. 726 § 2 (Exh. B), 2019.]