ORD 19-862 - Amending Interim Land Use Regulations Regarding Telecomm Facilities ORDINANCE NO.19-862
AN ORDINANCE of the City of Federal Way,Washington, relating to
the adoption of interim land use regulations and official controls
pursuant to RCW 35A.63.220 to control the provision of
telecommunications facilities within the City; amending Chapter 19.256
FWRC.(Amending Ordinance Nos. 18-850; 15-804; 15-797; 13-754; 11-
700; 09-610; 09-605; 09-593; 08-585; 97-291; 90-43)
WHEREAS,the City of Federal Way has the authority to adopt interim land use regulations
pursuant to RCW 35A.63.220; and
WHEREAS, Chapter 19.256 of the Federal Way Revised Code ("FWRC") provides for
review procedures applicable to the installation of wireless communication facilities in the various
zones of the City; and
WHEREAS, the City Council enacted and is in the process of updating amendments to its
franchise provision as Chapters 4.23 and 4.24 FWRC in order to conform to new federal regulations
relating to the deployment of small wireless facilities and to establish time limits known as "shot
clocks" as required by federal laws such as 47 U.S.C. § 1455(a) and 47 C.F.R. § 1.40001; and
WHEREAS,federal laws and regulations set time limits on the processing of applications for
eligible facility requests to expand existing structures that do not substantially change the height or
profile of the structures used to collocate wireless communication facilities as well as small wireless
facilities; and
WHEREAS,the City Council acknowledges that the growing use of smart phones and other
personal wireless devices creates a substantial need for wireless data transmission;therefore,the City
Council deems it in the public interest to adopt the federal guidelines by separate contemporaneous
action while integrating the provisions of such changes in the zoning code in order to ensure for the
speedy review of applications through administrative review; and
Ordinance No. 19-862 Page 1 of 30
WHEREAS, the adoption of the contemporaneous franchise revisions and shot clocks
requires integration with the City's zoning code in order to provide for aesthetic standards and design
guidelines for small wireless deployment; and
WHEREAS,the potential conflict between state,local,and federal regulations require the use
of an interim zoning ordinance; and
WHEREAS,the City Council deems it to be in the public interest to establish time limits on
the processing of wireless facility permits known as "shot clocks" as required by federal law and
regulation such as 47 U.S.C. §1455(a) and 47 C.F.R. § 1.40001, and
WHEREAS, the Federal Communications Commission ("FCC") adopted a Regulatory
Ruling, Order, and Regulation ("FCC Order") governing small wireless facilities that impose
limitations on the processing of all permits associated with the deployment of small wireless
facilities; and
WHEREAS, the FCC Order will require the City to adopt aesthetic standards for such
deployments and to utilize a consolidated process emphasizing administrative review in order to
comply with federal safe harbors or presumptively reasonable time limits for review; and
WHEREAS, a public hearing was held before the City Council on January 2, 2019; and
WHEREAS, the City Council finds that the existence of federal regulations requiring the
enactment of administrative procedures and processes that will comply with the new presumptive
federal safe harbors should be in place on or before January 14, 2019 in order to comply with such
requirements; and
WHEREAS,federal regulation also permits cities to enact aesthetic,design,and concealment
standards by April 14, 2019; and
WHEREAS, the City Council finds that the use of the interim zoning ordinance will allow
Ordinance No. 19-862 Page 2 of 30
the City to both meet the January 14, 2019 deadline for enactment of procedures while providing a
meaningful opportunity for its citizens to give input regarding design, concealment, and other
aesthetic standards within the longer timeframe permitted by use of an interim zoning ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1.Findings of Fact.For the Findings of Fact required pursuant to RCW 35A.63.220,
the City Council hereby adopts the recitals set forth above.
Section 2. Chapter 19.256 of the Federal Way Revised Code is hereby amended to read as
follows:
Chapter 19.256
WIRELESS COMMUNICATION FACILITIES
19.256.010 Introduction and exemptions.
(1) This chapter is intended to provide a regulatory structure that acknowledges telecommunication
service providers' rights and obligations under federal law. This chapter provides standards for the
review of applications to install wireless communication facilities ("WCFs")outside of the public
right of way,and aesthetic design standards for new and replacement structures as well as significant
. . .. . .. .. . •- . .• - . . • . . for use in the(small
cellwireless permit)approvals process established by Chapters 4.22 and 4.23 FWRC.The provisions
of this chapter shall be interpreted and applied in a manner consistent with state and federal law.
(2) Exemptions.The following antennas and facilities are exempt from the provisions of this chapter
and shall be permitted in all zones consistent with the applicable development standards outlined in
the use zone charts, FWRC Title 19, Division VI, Zoning Regulations:
(a) WCFs used by federal, state, or local public agencies for temporary emergency
communications in the event of a disaster,or emergency preparedness,and for any other public
health or safety purpose,including,by way of illustration and not limitation,any communications
systems utilized by first responders such as police or fire.
(b) Industrial processing equipment and scientific or medical equipment using frequencies
regulated by the FCC; provided such equipment complies with all applicable provisions of
FWRC 19.110.050, Compliance generally; 19.110.060, Exceptions; and 19.110.070, Rooftop
appurtenances—Required screening.
Ordinance No. 19-862 Page 3 of 30
(c) Citizen band radios or antennas operated by federal licensing amateur ("ham") radio
operators;provided such antennas comply with all applicable provisions of FWRC 19.110.050,
Compliance generally, 19.110.060, Exceptions, and 19.110.070, Rooftop appurtenances —
Required screening.
(d) Satellite dish antennas less than two meters in diameter, including direct-to-home satellite
services, when used as secondary use of the property; provided such antennas comply with all
applicable provisions of FWRC 19.110.050;Compliance generally; 19.110.060,Exceptions;and
19.110.070 Rooftop appurtenances—Required screening.
(e) Automated meter reading ("AMR") facilities for collecting utility meter data for use in the
sale of utility services,except for WIP and other antennas greater than two feet in length;so long
as the AMR facilities are within the scope of activities permitted under a valid franchise
agreement between the utility service provider and the city.
(f) Eligible facilities requests and routine maintenance or repair of a WCF and related equipment
excluding structural work or changes in height, dimension, or visual impacts of the antenna,
tower, transmission equipment, equipment cabinet and/or transmission equipment; provided,
however,that compliance with the standards of this title is maintained. See Chapter 4.24 FWRC
for procedures related to eligible facilities request.
(g) Equipment cabinet additions or upgrades within existing equipment structures or buildings so
long as there is no material expansion of the equipment enclosure or building, or change to the
improved design or concealment element plan requirements for the WCFs. See Chapter 4.24
FWRC, Eligible Facilities Requests Federally Required Review Periods.
19.256.020 Definitions.
For the purposes of this chapter as well as Chapters 4.23 and 4.24 FWRC,the following terms shall
have the meaning ascribed to them below. Terms not defined in this section shall be defined as set
forth in Chapter 19.05 FWRC:
"Antenna(s)"in the context of small wireless and wireless communication facilities and consistent
with 47 C.F.R. & 1.1320(w)and§ 1.6002(b)means an apparatus designed for the purpose of emitting
radiofrequency ("RF") radiation, to be operated or operating from a fixed location pursuant to
Federal Communication Commission("FCC"j authorization,for the provision of personal wireless
and any commingled information services. For the purposes of this definition,the term antenna does
not include an unintentional radiator, mobile station, or device authorized by 47 C.F.R. Title 15.
"Antenna equipment," consistent with 47 C.F.R. 1.1320(d), means equipment, switches, wiring,
cabling, power sources, shelters, or cabinets associated with an antenna, located at the same fixed
location as the antenna,and,when collocated on a structure,is mounted or installed at the same time
as the antenna.
"Antenna facility"means an antenna and associated antenna equipment.
Ordinance No. 19-862 Page 4 of 30
"Antenna" means any exterior apparatus designed for telep-:• , •:•:, :• •, - - --= - - --
communications through the sending and/or receiving of radio frequency signals including,but not
purpose of providing wireless services.
"Antenna height" means the vertical distance measured from average building elevation to the
highest point of the antenna,or if on a rooftop or other structure,from the top of the roof or structure
to the highest point of the antenna. For replacement structures,antenna height is measured from the
top of the existing structure to the highest point of the antenna or new structure,whichever is greater.
"Approved small eellwireless facility":Any small cellwireless facility that has received all required
permits.
"Base station" means a structure or equipment at a fixed location that enables FCC-licensed or
authorized wireless communication between user equipment and a communications network. The
term does not encompass a tower as defined herein nor any equipment associated with a tower."Base
station" includes, without limitation:
(a) Equipment associated with wireless communication services as well as unlicensed wireless
services and fixed wireless services such as microwave backhaul.
(b) Radio transceivers,antennas,coaxial or fiber-optic cable,regular and backup power supplies,
and comparable equipment, regardless of technological configuration (including distributed
antenna systems ("DAS") and small cell networks.)
(c) Any structure other than a tower that,at the time the relevant application is filed with the city
under this section, supports or houses equipment described in subsections (a) and (b) of this
definition that has been reviewed and approved under the applicable zoning or siting process,or
under another state or local regulatory review process,even if the structure was not built for the
sole or primary purpose of providing that support.
The term does not include any structure that,at the time the relevant application is filed with the
city under this section,does not support or house equipment described in subsections(a)and(b)
of this definition.
Collocation.
(1) For purposes of an eligible facilities request under the provisions of Chapter 4.24 FWRC,
"collocation"means the mounting or installation of transmission equipment on an eligible support
structure for the purpose of transmitting and/or receiving radio frequency signals for communication
purposes.
isapplication of the provisions of this
(2) "Collocation" further defined in FWRC 19.05.030 in the
title.
(3) When used in the context of Chapter 4.23 FWRC relating to small wireless facilities,
"collocation" means:
(a) Mounting or installing an antenna facility on a pre-existing structure; and/or
Ordinance No. 19-862 Page 5 of 30
(b) Modifying a structure for the purpose of mounting or installing an antenna facility on that
structure.
"Concealment elements"means transmission facilities designed to look like some feature other than
a wireless tower or base station or which minimizes the visual impact of an antenna by use of
nonreflective materials, appropriate colors, and/or a concealment canister.
"Eligible facilities request"means any request for modification of an existing tower or base station
that does not substantially change the physical dimensions of such tower or base station,involving:
(a) Collocation of new transmission equipment;
(b) Removal of transmission equipment; or
(c) Replacement of transmission equipment.
"Eligible support structure"means any tower or base station as defined in this section;provided,that
it is existing at the time the relevant application is filed with the city.
"Equipment structure"means a facility,shelter,cabinet,or vault used to house and protect electronic
or other associated equipment necessary for processing wireless communication signals."Associated
equipment" may include, for example, air conditioning, backup power supplies, and emergency
generators.
"Existing"means a constructed tower or base station is existing if it has been reviewed and approved
under the applicable zoning or siting process, or under another state or local regulatory review
process;provided,that a tower that has not been reviewed because it was not in a zoned area when it
was built, but was lawfully constructed, is existing for purposes of this definition.
"Microccll" shall be defined in accord with RCW 80.36.375.
"Service provider"shall be defined in accord with RCW 35.99.010(6).Service provider shall include
those infrastructure companies that provide telecommunications services or equipment to enable the
deployment of wireless communications.
"Small eellwireless" shall mean"small cellwireless facility."
"Small c- lwireless facility" and "small cell network" shall be defined as provided in 47 C.F.R. §
1.6002(1)in accord with RCW 80.36.375.
"Structure"when used in the context of a small wireless facility means a pole,tower,base station,or
other building, whether or not it has an existingantenna facility, that is used or to be used for the
g Y
provision of personal wireless service (on its own or comingled with other types of services).
Substantial Change. A modification substantially changes the physical dimensions of an eligible
support structure if it meets any of the following criteria:
(a) For towers other than towers in the public rights-of-way, it increases the height of the tower
by more than 10 percent or by the height of one additional antenna array with separation from the
nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support
Ordinance No. 19-862 Page 6 of 30
structures, it increases the height of the structure by more than 10 percent or more than 10 feet,
whichever is greater;
(b) For towers other than towers in the public rights-of-way,it involves adding an appurtenance
to the body of the tower that would protrude from the edge of the tower more than 20 feet, or
more than the width of the tower structure at the level of the appurtenance,whichever is greater;
for other eligible support structures, it involves adding an appurtenance to the body of the
structure that would protrude from the edge of the structure by more than six feet;
(c) For any eligible support structure,it involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for
towers in the public rights-of-way and base stations, it involves installation of any new
equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the
structure,or else involves installation of ground cabinets that are more than 10 percent larger in
height or overall volume than any other ground cabinets associated with the structure;
(d) It entails anyexcavation or deployment outside the current site;
(e) It would defeat the concealment elements of the eligible support structure; or
(f) It does not comply with conditions associated with the siting approval of the construction or
modification of the eligible support structure or base station equipment;provided,however,that
this limitation does not apply to any modification that is noncompliant only in a manner that
would not exceed the thresholds identified above.
"Telecommunications service" shall be defined in accord with RCW 35.99.010.
"Tower"means any structure built for the sole or primary purpose of supporting any FCC-licensed or
authorized antennas and their associated facilities, including structures that are constructed for
wireless communication services including,but not limited to,private,broadcast,and public safety
services, as well as unlicensed wireless services and fixes wireless services such as microwave
backhaul and the associated site.
"Traffic signal pole" means any structure designed and used primarily for support of traffic signal
displays and equipment whether for vehicular or nonmotorized users.
"Transmission equipment"means equipment that facilitates transmission for any FCC-licensed or
authorized wireless communication service, including, but not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, and regular and power supply. The term includes
equipment associated with wireless communication services including, but not limited to,private,
broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless
services such as microwave backhaul.
"Undergrounded areas"means public rights-of-way in which wireline utilities have been located or
relocated underground.
Ordinance No. 19-862 Page 7 of 30
"Utility pole" means a structure designed and used primarily for the support of electrical wires,
telephone wires,television cable, or lighting for streets,parking lots, or pedestrian paths. The term
may include traffic signal poles when authorized by lease for the installation of small cell facilities.
19.256.0430 Federal regulatory requirements.
Eligible facilities requests, as defined in FWRC 19.256.020, shall be processed in accordance with
the time limits established by Chapter 4.24 FWRC.
(1) These provisions shall be interpreted and applied in order to comply with the provisions of
federal law. By way of illustration and not limitation, any WCF that has been certified as compliant
with all FCC and other government regulations regarding the human exposure to radio frequency
emissions will not be denied on the basis of RF radiation concerns.
(2) WCFs shall be subject to the requirements of this code to the extent that such requirements:
(a) Do not unreasonably discriminate among providers of functionally equivalent services; and
(b) Do not have the effect of prohibiting wireless communications within the city.
(3) Small wireless permits shall be processed as provided in Chapter 4.23 FWRC and the city shall
make every reasonable effort consistent with state and federal law to comply with the requirements
of 47 C.F.R. § 1.6003 and the presumptively reasonable time periods for review established therein.
19.256.0540 Small cellwireless deployment.
Small cellwireless deployment includes small cellwireless facilities and small cellwireless networks.
The following provisions establish aesthetic design and concealment standards for wireless
communication facilities and in appropriate situations,criteria for the establishment of standards for
small cellwireless deployments for use in permitting process established by Chapter 4.23 FWRC.;
provided, however, that any small cell, microccll, or small c- -- -• ..exempt from SEPA review shall comply with FWRC Title 14.
Small cellwireless facilities other than microcells in the rights of way are permitted in all zones
subject to Chapter 4.23 FWRC.
facilities in all zones subject to Precess I review pursuant to Chapter 19.55 FWRC.
19.256.0650 Aesthetic, concealment, and Odesign and cealment standards for the
mall cellwireless deployments. . ' ' •• • ' ' • . • • • •_ • • •
Small wireless facility deployments,whether permitted in the right-of way under Chapters 4.22 and
4.23 FWRC or permitted in accordance with this chapter, shall conform to the following design
standards:
Ordinance No. 19-862 Page 8 of 30
(1) Small wireless facilities attached to existing or replacement non-wooden light poles and other
non-wooden poles in the right-of-way or non-wooden poles outside of the right-of-way shall conform
to the following design criteria:
(a)Antennas and the associated equipment enclosures(including disconnect switches and other
appurtenant devices) shall be fully concealed within the pole, unless such concealment is
otherwise technically infeasible, or is incompatible with the pole design, then the antennas and
associated equipment enclosures must be camouflaged to appear as an integral part of the pole or
flush mounted to the pole, meaning up to 12 inches off of the pole, or the minimum needed to
achieve safety clearances and antenna tile needs,and must be the minimum size necessary for the
intended purpose, not to exceed the volumetric dimensions of small wireless facilities. If the
equipment enclosure is permitted on the exterior of the pole,the applicant is required to place the
equipment enclosure behind any banners or road signs that may be on the pole, provided that
such location does not interfere with the operation of the banners or sig
fb)The farthest point of any antenna or equipment enclosure may not extend more than 20 inches
from the face of the pole.
(c) All conduit, cables, wires, and fiber must be routed internally in the light pole. Full
concealment of all conduit, cables, wires, and fiber is required within mounting brackets,
shrouds, canisters, or sleeves if attaching to exterior antennas or equipment.
(d)An antenna on top of an existing pole may not extend more than six feet above the height of
the existing pole and the diameter may not exceed 16 inches, measured at the top of the pole,
unless the applicant can demonstrate that more space is needed.The antennas shall be integrated
into the pole design so that it appears as a continuation of the original pole,including colored or
painted to match 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.
(e) Any replacement pole shall substantially conform to the design of the pole it is replacing or
the neighboring pole design standards utilized within the contiguous right-of-way.
(f)The height of any replacement pole may not extend more than 10 feet above the height of the
existing pole or the minimum additional height necessary; provided that the height of the
replacement pole cannot be extended further by additional antenna height.
(g) The diameter of a replacement pole shall comply with the city's setback and sidewalk
clearance requirements and shall,to the extent technically feasible,not be more than a 25 percent
increase of the existing non-wooden pole measured at the base of the pole, unless additional
diameter is needed in order to conceal equipment within the base of the pole, and shall comply
with the requirements in subsection (5)(d) of this section.
(h)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
Ordinance No. 19-862 Page 9 of 30
accommodating the small wireless facility and the small wireless facility and all associated
equipment shall be removed.
(2)Wooden pole design standards. Small wireless facilities located on wooden poles shall conform
to the following design criteria:
(a)The wooden pole at the proposed location may be replaced with a taller pole for the purpose
of accommodating a small wireless facility;provided,that the replacement pole shall not exceed
a height that is a maximum of 10 feet taller than the existing pole,unless a further height increase
is required and confirmed in writing by the pole owner and that such height extension is the
minimum extension possible toprovide sufficient separation and/or clearance from electrical and
wireline facilities.
(b)A ole extender may be used instead of replacing an existing pole,but may not increase the
p
height of the existing pole by more than 10 feet,unless a further height increase is required and
confirmed in writing by the pole owner and that such height increase is the minimum extension
possible to provide sufficient separation and/or clearance from electrical and wireline facilities.
A "pole extender" as used herein is an object affixed between the pole and the antenna for the
purpose of increasing_the height of the antenna above the pole. The pole extender shall be
painted to approximately match the color of the pole and shall substantially match the diameter
of the pole measured at the top of the pole.
(c) 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.
(d) Antennas, equipment enclosures, and all ancillary equipment, boxes and conduit shall be
colored or painted to match the approximate color of the surface of the wooden pole on which
they are attached.
(e) Antennas shall not be mounted more than 12 inches from the surface of the wooden pole.
(f)Antennas should be placed in an effort to minimize visual clutter and obtrusiveness.Multiple
antennas are permitted on a wooden pole provided that each antenna enclosure shall not be more
than three cubic feet in volume.
(g) A canister antenna may be mounted on top of an existing wooden pole, which may not
exceed the height requirements described in subsection 2(a)above.A canister antenna mounted
on the top of a wooden pole shall not exceed 16 inches,measured at the top of the pole,and shall
be colored or painted to match the pole. The canister antenna must be placed to look as if it is an
extension of the pole. In the alternative, the applicant may propose a side mounted canister
antenna, so long as the inside edge of the antenna is no more than 12 inches from the surface of
the wooden pole. All cables shall be concealed either within the canister antenna or within a
sleeve between the antenna and the wooden pole.
(h)The farthest point of any antenna or equipment enclosure may not extend more than 20 inches
from the face of the pole.
Ordinance No. 19-862 Page 10 of 30
(i)An omni-directional antenna may be mounted on the top of an existing wooden pole,provided
such antenna is no more than four feet in height and is mounted directly on the top of a pole or
attached to a sleeve made to look like the exterior of the pole as close to the top of the pole as
technically feasible. All cables shall be concealed within the sleeve between the bottom of the
antenna and the mounting bracket.
(j) 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 inches from the surface of the pole, unless a further distance is
technically required, and is confirmed in writing by the pole owner.
(k)Equipment for small wireless facilities must be attached to the wooden pole,unless otherwise
permitted to be ground mounted pursuant to subsection (5)(a) 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 pre-existing associated equipment on the pole,
may not exceed 28 cubic feet. Multiple equipment enclosures maybe acceptable if designed to
more closely integrate with the pole design and does not cumulatively exceed 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.
(1) An applicant who desires to enclose both its antennas and equipment within one unified
enclosure may do so,provided that such enclosure is the minimum size necessary for its intended
purpose and the enclosure and all other wireless equipment associated with the pole, including
wireless equipment associated with the antenna and any pre-exiting associated equipment on the
pole does not exceed 28 cubic feet.The unified enclosure may not be placed more than six inches
from the surface of the pole,unless a further distance is required and confirmed in writing by the
pole owner. To the extent possible, the unified enclosure shall be placed so as to appear as an
integrated part of the pole or behind banners or signs, provided that such location does not
interfere with the operation of the banners or signs.
(m) 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.
(n) 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.
(o) The diameter of a replacement pole shall comply with the City's setback and sidewalk
clearance requirements and shall not be more than a 25 percent increase of the existing utility
pole measured at the base of the pole.
Ordinance No. 19-862 Page 11 of 30
(p) 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 conduit shall be
minimized to the number technically necessary to accommodate the small wireless facility.
(3) Small wireless facilities attached to existing buildings, shall conform to the following design
criteria:
(a) Small wireless facilities may be mounted to the sides of a building if the antennas do not
interrupt the building's architectural theme.
(b) The interruption of architectural lines or horizontal or vertical reveals is discouraged.
(c) New architectural features such as columns, pilasters, corbels, or other ornamentation that
conceal antennas may be used if it complements the architecture of the existing building.
(d) Small wireless facilities shall utilize the smallest mounting brackets necessary in order to
provide the smallest offset from the building.
(e) Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order to conceal
mounting hardware,create a cleaner appearance,and minimize the visual impact of the antennas.
Exposed cabling/wiring is prohibited.
(f) Small wireless facilities shall be painted and textured to match the adjacent building surfaces.
(4)Small wireless facilities mounted on cables strung between existing utility poles shall conform to
the following standards.
(a) Each strand mounted facility shall not exceed three cubic feet in volume;
(b)Only one strand mounted facility is permitted per cable between any two existing poles on an
existing cable;
(c)The strand mounted devices shall be placed as close as possible to the nearest utility pole,in
no event more than five feet from the pole unless a greater distance is technically necessary or is
required by the pole owner for safety clearance;
(d) No strand mounted device shall be located in or above the portion of the roadway open to
vehicular traffic;
(e) Ground mounted equipment to accommodate a shared mounted facility is not permitted
except when placed in pre-existing equipment cabinets; and
(f)Pole mounted equipment shall comply with the requirements of subsections(1)and(2)of this
section.
(g) 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).
(5) General requirements.
Ordinance No. 19-862 Page 12 of 30
(a) 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 comply with the concealment element requirements pursuant to FWRC 19.256.050(6).
Generators located in the rights-of-way are prohibited.
(b)No equipment shall be operated so as to produce noise in violation of Chapter 7.10 FWRC.
(c) 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. §§ 253 and 332.
(d) Replacement poles and new poles shall comply with the Americans with Disabilities Act,.
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.
(e) Replacement poles shall be located as near as possible to the existing pole with the
requirement to remove the abandoned pole.
(f) 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 inches)t
provided that, signs are permitted as concealment element techniques where appropriate.
(g)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 the required concealment element
requirements pursuant to FWRC 19.256.050(6).
(h) Side arm mounts for antennas or equipment must be the minimum extension necessary, and
for wooden poles may be no more than 12 inches off the pole, and for non-wooden poles no
more than six inches off the pole.
(i) The preferred location of a small wireless facility on a pole is the location with the least
visible impact.
(j) Antennas, equipment enclosures, and ancillary equipment, conduit and cable, shall not
dominate the structure or pole upon which they are attached.
(k) Except for locations in the right-of-way, small wireless facilities are not permitted on any
property containing a residential use in residential zones.
(1) The City may consider the cumulative visual effects of small wireless facilities mounted on
poles within the rights-of-way in when assessing proposed siting locations so as to not adversely
affect the visual character of the City.This provision shall neither be applied to limit the number
Ordinance No. 19-862 Page 13 of 30
of permits issued when no alternative sites are reasonably available nor to impose a technological
requirement on the applicant.
(m) 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.
(6)New poles in the rights-of-way for small wireless facilities and installations in a Design District.
(a)New poles within the rights-of-way are only permitted if the applicant can establish that:
(i)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 a
public park,public property,building,transmission tower or in or on a non-residential use in
a residential zone, whether by roof or panel-mount or separate structure;
(ii)The proposed small wireless facility receives approval for a concealment element design,
as described in this section;
(iii) The proposed small wireless facility also complies with Shoreline Management Act,
Growth Management Act, and State Environmental Policy Act, if applicable; and
(iv)No new poles shall be located in a critical area or associated buffer required by the city's
Environmentally Critical Areas ordinance,Chapter 19.145 FWRC,except when determined
to be exempt pursuant to said ordinance.
(b) An application for a new pole is subject to Process I review, Chapter 19.55 FWRC.
(c) The concealment element design shall include the design of the screening, fencing, or other
concealment technology for a tower,pole, or equipment structure, and all related transmission
equipment or facilities associated with the proposed small wireless facility, including but not
limited to fiber and power connections.
(d) 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 District,then
the replacement pole shall be of the same general design as the pole it is replacing, unless the
director otherwise approves a variation due to aesthetic or safety concerns. Any concealment
element design for a small wireless facility on a decorative pole should attempt to mimic the
design of such pole and integrate the small wireless facility into the design of the decorative pole.
Other concealment methods include, but are not limited to, integrating the installation with
architectural features or building design components, utilization of coverings or concealment
devices of similar material,color,and texture—or the appearance thereof—as the surface against
Ordinance No. 19-862 Page 14 of 30
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 within the structure. Further,
applicant designs should,to the extent technically possible,comply with the generally applicable
design standards adopted pursuant to this section.
(i)If the Director has already approved a concealment element design either for the applicant
or another small wireless facility along the same public right-of-way or for the same pole
type, then the applicant shall utilize a substantially similar concealment element design,
unless it can show that such concealment element design is not physically or technologically
feasible,or that such deployment would undermine the generally applicable design standards.
(e)Even if an alternative location is established pursuant to subsection(a)(i)of this section,the
Director may determine that a new pole in the right-of-way is in fact a superior alternative based
on the impact to the City,the concealment element design, the City's Comprehensive Plan and
the added benefits to the community.
(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.This requirement also applies to replacement poles that
are higher than the replaced pole,and the overall height of the replacement pole and the proposed
small wireless facility is more than 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 that 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 that provide similar or greater protections of the street scape.
under the concealment provisions in FWRC 4.23.03.0(2) shall satisfy the design and concealment
standards set forth below.
(1)Small cell facilities ached to no wooden pekes Small cell facilities attached to existing or
replacement non wooden light poles-and-ether nen wooden poles in the right of way or poles outside
of the right of way shall conform to the following design criteria:
associated equipment fully within the pole to the full extent technologically feasible. This
chosen by the service provider.
(b) All conduit, cables, wires, and fiber most be rotted internally in the light pole. Electrical
wiring shall be separated from communication wing via interduct or other means that comply
with state and federal electrical-cedes.Full-concealment of all-conduit,cables,wires,and fiber is
required within mounting brackets,shrouds,canisters,or sleeves if attaching to exterior antennas
Ordinance No. 19-862 Page 15 of 30
or equipment. When electrical service is to be supplied by the city as the pole owner, the city
may require an electrical-meter grade central module to track the additional small cell electrical
use.
(c)An antenna en top of an-existing pole may net extend more than six feet above the height of
reasonably needed. The antennas shall be integrated in : -- .- - . _- • • • :: • • •
be shrouded or screened to blend with the pole except for canister - - . . • •
require screening.All-cabling hardware/brackets from-the bottom of the antenna to
(d) 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.
existing pole.
(f) The diameter of a replacement pale shall comply with the city's setback and sidewalk
clearance requirements, ADA requirements, and-if a-replacement light standard, then with the
city's lighting requirements.
primary function of the pole. If-the primary function-of a pole serving as the host site for a small
cell facility becomes unnecessary, the pole shall net be retained fer the sole purpose of
shall be removed.
director may--waive this requirement when the applicant establishes that an identical small cell
identical to that approved for use by the city.
(i) Deviations from this subsection(I-)are permitted when required to-dress the pole owner's
the minimum necessary required to-comply with the pole owner's safety and design standards.
(2) Small cell facilities attached to wooden poles. Small-cell facilities-attachc4to wooden poles shall
conform to the following design criteria:
increase is required and confirmed in-writing by the pole owner and that such height extension is
the minimum extension possible to-previde sufficient cl ranee from electrical
and wireline facilities.
Ordinance No. 19-862 Page 16 of 30
height of the existing pole by mere than 1-9 feet,unless a farther 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 separationclearance frern electrical and wireline facilities.
painted to approximately match the color of the pelc and-shall substantially match the diameter
of the pole measured at the top of the pole.
replaced pole or shall be the standard new weeden-pole used by the pole owner in the city.
(d) Antennas, equipment enclesures; and all ancillary-equipment, boxes, and conduit shall be
colored or painted to match the approximate color of the surface • -- ..- .. - - • -
they are attached.
(e) Panel antennas shall not be mounted more than 12 inc-- - -- . . - . -- .--
pole.
(f)Antennas should be placed in an-effort to-minimize visual clutter and obtrusiveness.Multiple
than three cubic feet in volume,with a-dive total antenna volume not to exceed nine cubic
feet,unless additional volume is-deemed technically necessary at the discretion of the director;
provided, however, that in such cases the total volume may not exceed 12 cubic feet.
height requirements described in subsectien-(2)(b)of this section.A-canister antenna mounted on
the top of a wooden pole shal-1 net exceed 1-6 inches-in-diameter,m asurcd at the top of the pole,
and shall be colored or painted to match the pale.The canister antenna must be placed to look as
surface of the wooden pole. All cables shall be cencealed either within the canister antenna or
within a sleeve between the antenna and the wooden pole.
(h)An omnidirectional antenna may be mounted-en the top of an existing wooden pole,provided
such antenna is no more than four feet in height and is-mounted directly on the top of a pole or
attached to a sleeve made to leek like the exterior of the pole as clese to the top of the pole as
antenna and the mounting bracket.
(i) All related equipment-, including but net limited to ancillary equipment, radios, cables,
mounted more than six inches from the surface of the pole, unless a further distance is
technically required, and is confirmed in writing by the pole owner.
Ordinance No. 19-862 Page 17 of 30
•
•
- • • •• .• - . • • • - - . • - • • • . . -- . • • . . • - -
enclosures may be acceptable if designed temere closely integrate with the pole design and does
not cumulatively exceed the defnitierref a small wireless facility.The applicant is encouraged to
place the equipment enclosure behind anomers-or road signs that may be on the pole,if such
banners or road signs arc allowed by the pole owner.
(k) An applicant who desires to enclese its antennas and equipment within a unified enclosure
behind banners or signs. The unified-enclosure may net be placed more t . - • • - .
surface of the pole,unless a further distance is-technically required and confirmed in writing by
the pole owner.
(1) The visual effect of the small cell facility on-all-ether aspects of the appearance of the wooden
secondary to the primary function-ef the pelc.If the primary function of a pole serving as the host
equipment shall be removed.
(a) Each strand mounted facility shall net exceed three cubic feet in volume;
(c)The strand mounted-4c 4ecs-shall be placed as-close as possible to the nearest utility pole,in
no event more than five feet from the pale unless a gr ater distance is technically necessary or
required by the pole owner for safety clearance;
(d)No strand mounted device shall be located in • • .. •- .. • •- .•• • -• -
vehicular traffic;
except when placed in pre existing equipment cabinets;
(f) Pole mounted equipment shall meet the requirements of subsections (1) and (2) of this
section; and
technological needs of the facility.
Ordinance No. 19-862 Page 18 of 30
19.256.0760 Small eellwireless facilities attached to existing buildings.
Small cellwireless facilities attached to existing buildings shall conform to the following design
criteria:
(1) Small cellwireless facilities may be mounted to the sides of a building if the antennas do not
interrupt the building's architectural theme.
(2) The interruption of architectural lines or horizontal or vertical reveals is discouraged.
(3)New architectural features such as columns, pilasters, corbels, or other ornamentation that
conceal antennas may be used if it complements the architecture of the existing building.
(4) Small eellswireless 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 cellwireless facilities shall be painted and textured to match the adjacent building surfaces.
1 ' . . . . • . .. . .
(1) Ground mounted equipment in the Fights of way is prohibited, unless such facilities are placed
technically infeasible. If ground mounted equipment is necessary,then the applicant shall submit a
concealment element plan. Generators located in the rights of way arc prohibited.
(2)No equipment shall be operated so as to-produce noise in violation of Chapter 7.10 FWRC.
". . " • • • - - -
order to provide a clear and safe passage within the rights of way.
(5) Replacement poles shall be located as near as possible to the existing pole with the requirement
to remove the abandoned pole.
(6) The design criteria as applicable to small cell facilities described herein shall be considered
concealment elements and such small-cell facilities may only be expanded upon an eligible facilities
request described in Chapter 4.24 FWRC, when the modification does not def at the concealment
elements of the facility.
--- - ' -- - - .
identification required by geveming law is allowed to be peftrayed on any antenna, and any such
Ordinance No. 19-862 Page 19 of 30
signage on equipment enclosures shall be of-the minimum amount possible to achieve the intended
(8)Antennas and related equipment shall net be illuminated except for security masons,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 arc prohibited.
- -- -
impact. ..
(11)Antennas, equipment enclosures, and ancillary equipment, conduit, and cable, shall not
dominate the building or pole upon which they arc attached.
service provider.
(13) These design standards arc intended te-be used solely for the purpose of concealment and siting.
Nothing herein shall be interpreted er applied in a manner which dictates the use of a particular
technology.When strict application of these requirements wouldunreasenably impair the function of
permitted which provide similar er greater••pretec • - • _• ' . • •. •- .• - --
ctreetscape through development of a cement clement plan pursuant to FWRC 19.256.150.
(14) It is the stated policyof the city that utilities shall be underground. See c.g.,FWRC 19.135.180.
Accordingly,new utility poles in undergreunded . as shall be considered as major impact wireless
FWRC 1972-5-671407
19.256.1070 Ground-mounted equipment—ADA compliance required.
In areas of the city in which have been undergrounded(undergrounded areas),in design zones,and
where necessary to permit full use of the public right-of-way by pedestrians,bicycles and other users,
all ground-mounted equipment shall be undergrounded in a vault meeting the city's construction
standards to the extent feasible. The location of ground-mounted equipment (to the extent
undergrounding such equipment is not technologically feasible),a replacement pole and/or any new
pole shall comply with the Americans with Disabilities Act ("ADA"), city construction standards,
and state and federal regulations in order to provide a clear and safe passage within the public right-
of-way.
19.256.44080 Designated design zones.
Design zones.The following zones are designated as design zones for the purpose of the application
of the provisions of Chapters 4.23, 4.24, and 19.256 FWRC:
Ordinance No. 19-862 Page 20 of 30
(1) City center core (CC-C);
(2) City center frame (CC-F);
(3) Designated landmark districts;
(1) Shoreline jurisdiction.
19.256.4-3090 Wireless communication facilities and monopoles located outside ofthe right of
.
Monopoles and other wireless communication facilities other than small wireless facilities located
outside of the public rights of way shall be processed as Process II applications. See Chapter 19.60
FWRC.
. . .
permitted only when the applicant establishes that:
(1) The small cell facility cannot be locatedon an electrical transmission tower or on a site outside of
the public right of way such as a public park, public property, or as a nonresidential use in a
residential zone, whether by roof or panel mount, or separate structure; and
(2) The proposed facility complies with-an-approved-cone alment clement plan for an undergrounded
area or design zone; and
(3) The proposed facility complies with critical . as requirements and SEPA, to the extent
applicable; and
(1) For a new utility pole in the public rights of way, that-a site _ -- ---- - - - • -
the new utility pole.
1 1
(1) Concealment clement plan requl. Applications for proposed small cell installations in
undergrounded areas and design zones-that deviate from existing city design standards(or if the city
has not cr ated a design standard for that particular district zone . a) shall be required to submit a
concealment technology for a base station,tower,tlity pole,or equipment structure,and all related
including but not limited to fiber and power eonnections.
(2)Purpose of concealment element plans, generftlly. Concealment clement plans should seek to
integrating the installation with architectural features-or buiieg design components,utilization of
Ordinance No. 19-862 Page 21 of 30
coverings or concealment devices-of similar material,color and texture or the appearance thereof
concealment products, fencing or screening materials, and where appropriate, landscape-design-er
concealment support or device, such as a deck tower, steeple, flagpole, tree, street sign, or other
applicable concealment structure may be approved.
The director shall apply this sectien as well as-all design guidelines applicable in the undergrounded
area or design zone in which an installation is proposed.
(3)Review of concealment element plait far neftsubsktift-ial change collocations.Where a proposed
collocation does not constitute a substantial-change, a-cencealment element plan shall be subject to
concealment f atures approved as-pact of the initial installation at that location.
(4)Review of concealment clement plan for i- ial inst l ations and substantial change collocations.
For initial installations and substantial change cellecatiens in undergrounded area and design zones,
19.256.1600 Major impact wireless communication facilities.
A major impact wireless communication facility ("major WCF") includes all larger scale WCFs
located outside of the public Fight of way net permitted by the processes established in FWRC
19.256.050 through 19.256.150. Such facilities include monopoles,lattice towers,micro and macro
cells, roof mounted and panel antennas, and other similar facilities unless defined as eligible
facilities requests subject to Chapter 4.24 FWRC or permitted as small wireless facilities pursuant to
Chapter 4.23 FWRC.
The following sites shall be the required order of location for proposed major WCFs, including
antenna and equipment structures. In proposing a major WCF in a particular location,the applicant
shall analyze the feasibility of locating the proposed major WCF in each of the higher priority
locations and document, to the city's satisfaction, why locating the major WCF in each higher
priority location and/or zone is not being proposed. In order of preference, the prioritized locations
for major WCFs are as follows:
(1) Structures located in the BPA trail. A major WCF may be located on any existing support
structure currently located in the easement upon which are located U.S. Department of
Energy/Bonneville Power Administration ("BPA")power lines regardless of underlying zoning.
(2)Existing broadcast, relay, and transmission towers.A major WCF may be located on an existing
site or tower where a legal WCF is currently located regardless of underlying zoning. If an existing
site or tower is located within a half-mile radius of a proposed major WCF location, the applicant
shall document why collocation on the existing site or tower is not being proposed, regardless of
whether the existing site or tower is located within the jurisdiction of the city.
Ordinance No. 19-862 Page 22 of 30
(3)Institutional structures. If the city, institutional uses, or other public agency consents to such
location,a major WCF may be located on existing structures,such as water towers,utility structures,
fire stations, bridges, churches, schools, and other public buildings within all zoning districts,
provided the public facilities are not located within publicrights-of-way.
(4)Appropriate zoning districts. A major WCF may be located in or on other public or private
property, buildings, or structures within nonresidential zoning districts as allowed by the zoning
chart.
(5) If the applicant demonstrates to the city's satisfaction that it is not technically possible to site in a
prioritized location,or as expressly allowed by the zoning chart,the city reserves the right to approve
alternative site locations if a denial would in violation of the 1996 Telecommunications Act, as
a ou d be
determined by the city through a Process III review using the applicable following test:Would denial
of the application effectively prohibit the provision of service in violation of 47 U.S.C. § 253 and/or
§ 332?
(a) Does the facility close a gap in service coverage or capacity; and
(b) Does the facility use the least int tsivc means to do so?
19.256.1710 Development standards.
The following development standards shall be followed in the design, siting, and construction of a
major wireless communication facility:
(1)Building- or structure-mounted major WCFs on existing buildings or structures outside of the
public right-of-way. WCFs mounted on existing buildings and structures shall conform to the
following development standards:
(a) A major WCF that exceeds the minor facility thresholds for number of antennas,dimensions,
and/or area, but creates no more adverse impacts than a minor facility, as determined by the
director, subject to meeting all of the following standards:
(i) The facility shall utilize the least intrusive means of closing a significant gap in service
coverage or capacity;
(ii) The equipment cabinet for the major WCF shall meet all requirements of subsection(4)
of this section; and
(iii) The maximum size of the major WCF panels and number of antennas shall be
determined by the director,based on the specific project location,surrounding environment,
and potential visual impacts; and
(iv) The major WCF shall comply with all other applicable standards of this code.
(b) The combined antennas and supporting structure may extend up to,but not exceed, 15 feet
above the existing or proposed roof or other structure regardless of whether the existing structure
is in conformance with the existing maximum height of the underlying zone as outlined in the
Ordinance No. 19-862 Page 23 of 30
use zone charts,FWRC Title 19,Division VI,Zoning Regulations.Antennas maybe mounted to
rooftop appurtenances,as identified in FWRC 19.110.070,provided they do not extend beyond
15 feet above the maximum height of the structure as defined per FWRC 19.05.080, H
definitions.
(c) The antennas are mounted on the building or structure such that they are located and designed
to minimize visual and aesthetic impacts to surrounding land uses and structures.
(d) It is the applicant's responsibility to prove that the maximum size of the major WCF panels
and number of antennas is the minimum size necessary.
(e) Within residential zones, equipment enclosures, and buildings to house equipment cabinets
located above ground on properties adjacent to the public right-of-way shall meet all applicable
setback requirements for residential development of the underlying zone. For developed sites in
nonresidential zones,the setback requirements for the equipment enclosure shall be those of the
principal use of the subject property. For undeveloped sites in nonresidential zones,the setback
requirements for the equipment enclosure shall be 20 feet for front, side, and rear yards.
(2)New freestanding major WCFs.All requirements of the associated land use zoning charts must be
met. Additionally, these structures shall conform to the following site development standards:
(a) Placement of a freestanding major WCF shall be denied if placement of the antennas on an
existing structure can meet the applicant's technical and network location requirements.
(b) Monopoles shall be the only freestanding structures allowed in the city; except that a lattice
tower may be used to accommodate the collocation of four or more providers as part of a joint
permit application.
(c) In no case shall a freestanding major WCF be located closer than 500 feet to an existing
freestanding major WCF whether it is owned or utilized by the applicant or another provider.
(d) A freestanding major WCF, including support su ort structure and associated electronic
equipment, shall comply with all required setbacks of the zoning district in which it is located.
For developed sites, the setback requirements shall be those of the principal use of the subject
property. For undeveloped sites, the setback requirements for new freestanding major WCFs
shall be 20 feet for front, side, and rear yards.
(e) Freestanding major WCFs shall be designed and placed on the site in a manner that takes
maximum advantage of existing trees, mature vegetation, and structures so as to:
(i) Use existing site features to screen as much of the total WCF as possible from prevalent
views; and/or
(ii) Use existing site features as a background so that the total major WCF blends into the
background with increased distances.
(f) In reviewing the proposed placement of a facility on the site and any associated landscaping,
the city may condition the application to supplement existing trees and mature vegetation to more
effectively screen the facility.
Ordinance No. 19-862 Page 24 of 30
(3) Standards for electronic cabinets. Electronic cabinets shall either:
(a) Be placed in a new or existing completely enclosed building. It is the applicant's
responsibility to prove that the maximum size of the building is the minimum size necessary to
house the equipment; or
(b) Be placed above ground in a new or existing equipment enclosure. It is the applicant's
responsibility to prove that the maximum size of the building is the minimum size necessary to
house the equipment.
If the equipment cabinet is located within a new enclosed building,the building shall conform to all
applicable development standards and design guidelines for the underlying zone. The enclosed
building shall be architecturally designed and shall be compatible with existing buildings on the site.
The enclosed building shall be screened to the greatest extent possible from any street and/or
adjacent properties by landscaping and/or topography.
(4) Standards for equipment enclosures.
(a) Electronic equipment enclosures shall not be allowed within the right-of-way, except for
small cellwireless facilities permitted pursuant to Chapter 4.23 FWRC as conforming to the
design and concealment standards of this chapterFWRC 19.256.060 and mounted on utility
poles.
(b) In residential zones,equipment enclosures located above ground on properties adjacent to the
public right-of-way shall meet all applicable setback requirements for residential development of
the underlying zone.For developed sites in nonresidential zones,the setback requirements for the
equipment enclosure shall be those of the principal use of the subject property. For undeveloped
sites in nonresidential zones, the setback requirements for the equipment enclosure shall be 20
feet for front,side,and rear yards;however,for undeveloped sites in nonresidential zones,if the
applicant can demonstrate that the equipment enclosure can blend in harmoniously with the
existing site and complement the landscape buffer requirements of the underlying zone, as
determined appropriate by the director of community development,the equipment enclosure can
be located inside of the 20-foot setback but outside of the required landscaping buffer of the
underlying zone.
(c) Equipment enclosures shall be designed, located, and screened to minimize adverse visual
impacts from the public right-of-way and adjacent properties.
(d) Equipment enclosures shall be designed, located, and screened to minimize adverse visual
and functional impacts on the pedestrian environment.
(e) Equipment enclosures and screening shall not adversely impact vehicular sight distance.
(5) Security fencing.
(a)No fence shall exceed six feet in height as stipulated in FWRC 19.125.160(5).
(b) Security fencing shall be effectively screened from view through the use of appropriate
landscaping materials.
Ordinance No. 19-862 Page 25 of 30
(c) Chain-link fences shall be painted or coated with a nonreflective color.
(6) Cumulative effects. The city shall consider the cumulative visual effects of WCFs mounted on
existing structures and/or located on a given permitted site in determining whether additional permits
may be granted so as to not adversely affect the visual character of the city.
(7) Signage. No wireless equipment shall be used for the purpose of mounting signs or message
displays of any kind, except for small signs used for identification, hazard warning, and name of
provider.
(8) Use zone charts, height and permit process.
(a) Except for approval of small wireless permitsnew poles in the public rights of way,the final
approval authority for applications made under this section shall be defined by the appropriate
permit process as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning
Regulations.New pole requests in the public rights of way shall be reviewed pursuant to Process
II,Chapter 19.60 FWRC,utilizing the-sritcria in this section,and arc not land use actions subject
to review under Chapter 36.70C RCW.
(b)Allowed heights shall be established relative to appropriate process as outlined in the use
zone charts, FWRC Title 19, Division VI, Zoning Regulations.
19.256.1820 Nonconformance.
Permit applications made under this section to locate a WCF on property on which a
nonconformance is located shall be exempt from the requirements of Chapter 19.30 FWRC,
Nonconformance, to bring the property into conformance as follows:
(1) To provide the public improvements required by Chapter 19.135 FWRC, Development
Improvements, as stipulated in FWRC 19.30.110.
(2)To bring the property into conformance with the development regulations prescribed in FWRC
Title 16 relating to water quality as stipulated in FWRC 19.30.120(1)(g).All other requirements of
FWRC 19.30.120 to bring the property into conformance with the development regulations
prescribed in FWRC Title 16 relating to water quality shall apply.
19.256.1930 Temporary wireless communication facilities.
As determined by the director of community development, a temporary wireless communication
facility, or cell-on-wheels, may be deployed and operated as follows:
(1) For a period of 90 days during the construction of a freestanding WCF which has been approved
through the appropriate permit process; provided, however, that the temporary wireless
communication facility or cell-on-wheels creates no more adverse impacts than the WCF which was
approved through the appropriate permit process. Only one temporary wireless communication
facility or cell-on-wheels shall be permitted for a single site.
Ordinance No. 19-862 Page 26 of 30
(2) For a period of time determined to be appropriate by the director,during an emergency declared
by the city, state, or federal government.
(3) Prior to installation of the temporary WCF,the applicant shall provide the city with a cash bond
in an amount to be determined by the director of community development in order to guarantee
performance of future removal and restoration of the site.
19.256.20140 Application requirements.
(1) Except for temporary WCFs,permit applications for major WCFs made under this chapter shall
include the following minimum information in addition to that required for the underlying permit
review process:
(a) A diagram or map showing the primary viewshed of the proposed facility.
(b) Photo simulations of the proposed facility from affected properties and public rights-of-way
at varying distances.These photo simulations should include examples of camouflage and stealth
installation options.
(c)Architectural elevations of proposed facility and site.
(d) A coverage chart of the proposed major WCF at the requested height and an explanation of
the need for that facility at that height and in that location.
(e) An inventory of other major WCF sites operated by the applicant or other providers within a
half-mile radius of the proposed major WCF location.
(f) A site/landscaping plan showing the specific placement of the major WCF on the site;
showing the location of existing structures, trees, and other significant site features; and
indicating type and locations of plant materials used to screen WCF components.
(g) If the major WCF electronic equipment cabinet is proposed to be located above ground, an
explanation of why it is impracticable to locate the cabinet underground.
(h) Documentation of efforts to collocate on existing facilities.
(i) The city may require the applicant, at the applicant's expense, to provide any additional
information,mapping,studies,materials,inspections,or reviews that are reasonably necessary to
implement this chapter and to require that such information, studies, mapping, materials,
inspections, and reviews be reviewed by a qualified professional under contract to the city,also
at the applicant's expense.
(2) Permit applications for temporary WCFs shall include the following minimum information:
(a) Documentation of previously permitted facility, if applicable.
Ordinance No. 19-862 Page 27 of 30
(b) Site plan showing proposed location of temporary WCF in relationship to the location of the
previously permitted facility and property boundaries, including dimensions from the property
lines and height of proposed facility.
(c) Mockups or other visual representations of the proposed facility.
19.256.2150 Collocation.
(1)A permittee shall cooperate with other WCF providers in collocating additional antennas on
support structures and/or on existing buildings and sites,provided said proposed collocatees have
received a permit for such use at said site from the city. A permittee shall allow other providers to
collocate and share the permitted site, provided such shared use does not give rise to a substantial
technical level impairment of the permitted use (as opposed to a competitive conflict or financial
burden). In the event a dispute arises as to whether a permittee has exercised good faith in
accommodating a new applicant,the city may require a third party technical study at the expense of
the permittee. Failure to comply with this provision may result in a revocation of the permit.
(2)A signed statement indicating that the applicant agrees to allow for the potential collocation of
additional major WCF equipment by other providers on the applicant's structure or within the same
site location shall be submitted by the applicant as part of the permit application. If an applicant
contends that future collocation is not possible on their site, they must submit a technical study
documenting why.
public rights of way.
19.256.2 160 Removal of facility.
(1)Abandonment and removal.The owner or operator of a WCF shall provide the city with a copy of
the notice of intent to cease operations required by the FCC at the time it is submitted to the FCC.
Additionally,the owner or operator of a WCF shall notify the city in writing of the abandonment of a
particular facility within 30 days of the date the WCF is abandoned. The abandoned WCF shall be
removed by the facility owner within 90 days of the date the WCF is abandoned, the permit is
revoked, or if the facility falls into disrepair and is not maintained, as determined by the city.
Disrepair includes structural features,paint,landscaping, or general lack of maintenance that could
result in adverse safety or visual impacts. If there are two or more users of a single tower, then the
city's right to remove the tower shall not become effective until all users abandon the tower.
(2)Partial abandonment and removal.If the abandoned antennas on any major WCF are removed or
relocated to a point where the top 20 percent or more of the height of the supporting structure is no
longer in use,the major WCF shall be considered partially abandoned.The owner or operator of any
partially abandoned major WCF shall notify the city in writing of the partial abandonment of a
particular facility within 30 days of the date the major WCF is partially abandoned.The owner of the
WCF shall have 120 days from the date of partial abandonment to collocate another service on the
major WCF. If another service provider is not added to the major WCF within the allowed 120-day
Ordinance No. 19-862 Page 28 of 30
collocation period, the owner shall in 210 days of partial abandonment, dismantle and remove that
portion of the supporting structure that exceeds the point at which the highest operational antenna is
mounted.
(3)Removal and lien. If the provider fails to remove the abandoned or partially abandoned facility
upon 210 days of its abandonment or partial abandonment,the responsibility for removal falls upon
the property owner on which the abandoned or partially abandoned facility is located. The city may
enforce this subsection using the procedures as set forth in Chapter 1.15 FWRC.
19.256.23170 Revocation of permit.
A permit issued under this chapter may be revoked, suspended or denied for any one or more of the
following reasons:
(1) Failure to comply with any federal, state, or local laws or regulations;
(2) Failure to comply with any of the terms and conditions imposed by the city on the issuance of a
permit;
(3)When the permit was procured by fraud, false representation, or omission of material facts;
(4) Failure to cooperate with other major WCF providers in collocation efforts as required by this
chapter;
(5) Failure to comply with federal standards for EMF emissions; and
(6) Pursuant to FWRC 19.05.300(3), the city, as the applicant, shall use the same process to
determine if the permit shall be revoked as it used to grant the permit.
Section 3. Duration. These interim land use controls enacted by this ordinance shall be in
effect for one year following the effective date of this ordinance,and maybe renewed as provided by
law.
Section 4. Severability. Should any section,subsection,paragraph,sentence,clause,or phrase
of this ordinance,or its application to any person or situation,be declared unconstitutional or invalid
for any reason,such decision shall not affect the validity of the remaining portions of this ordinance
or its application to any other person or situation. The City Council of the City of Federal Way
hereby declares that it would have adopted this ordinance and each section, subsection, sentence,
clauses,phrase,or portion thereof,irrespective of the fact that any one or more sections,subsections,
Ordinance No. 19-862 Page 29 of 30
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 5. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 6.Ratification.Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affirmed.
Section 7. Effective Date. This ordinance shall take effect and be in force five(5)days from
and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this 2nd day of January, 2019.
CITY OF FEDERAL WAY:
41111,. M F 'RELL, MAYOR
ATTEST:
'H!'NIE COURTNEY, C, CITY CLERK
APPROVED AS TO FORM:
2R
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK: 12/28/2018
PASSED BY THE CITY COUNCIL: 01/02/2019
PUBLISHED: 01/04/2019
EFFECTIVE DATE: 01/09/2019
ORDINANCE NO.: 19-862
Ordinance No. 19-862 Page 30 of 30