ORD 21-906 - Relating to Wireless Communication FacilitiesORDINANCE NO.21-906
AN ORDINANCE of the City of Federal Way, Washington, relating to
wireless communication facilities; repealing and replacing Federal
Way Revised Code Chapters 4.23 (Small Wireless Deployment), 4.24
(Eligible Facilities Requests — Federally Required Review Periods), and
19.256 (Wireless Communications Facilities) in their entirety; revising
Chapter 4.22 (Franchise for Use of Right -of -Way); and adding new
Chapter 19.257 (Eligible Facilities Requests). (Repealing Ordinance
No. 20-890, 20-833, 19-862, and 18-850 and amending Ordinance Nos.
17-833,18-863, and 18-851)
WHEREAS, in a constantly evolving industry, telecommunications providers are
beginning to utilize a new type of technology commonly known as "small cell" facilities (herein
"small wireless facilities") to implement higher bandwidths and increased demands for data;
WHEREAS, the Federal Communications Commission ("FCC") has issued rules and
regulations which limit local government's ability to regulate the deployment of small wireless
facilities, but which allows local governments to adopt regulations affecting the aesthetics and
design standards for small wireless facilities; and
WHEREAS, Chapter 19.256 of the Federal Way Revised Code ("FWRC") was added to
Title 19 FWRC pursuant to Ordinance No. 18-850 and established initial regulations related to
wireless facilities; and
WHEREAS, Chapter 19.256 FWRC was amended pursuant to Ordinance No. 19-862 to
incorporate interim zoning and design regulations regarding small wireless facilities, and these
interim regulations were renewed pursuant to Ordinance 20-883 and Ordinance No. 20-890; and
WHEREAS, the City has evaluated its existing wireless facilities regulations which govern
macro wireless facilities as set forth in Chapter 19.256 FWRC and eligible facilities requests set
Ordinance No. 21-906 Page 1 of 50
forth in Chapter 4.24 FWRC, and determined that changes are needed to address compliance with
FCC rules; and
WHEREAS, the City desires to repeal the entirety of the existing Chapter 19.256 FWRC
and replace it with a new Chapter 19.256 that (1) reaffirms the land use and zoning regulations for
major wireless facilities, (2) clarifies the application and review process for major wireless
facilities, (3) adopts land use and zoning regulations and design standards for small wireless
facilities and, (4) sets forth the application and approval process for small wireless facilities; and
WHEREAS, the City desires to add a new Chapter 19.257 FWRC establishing a
consolidated chapter for all regulations related to Eligible Facilities Requests as prescribed by
federal rules and regulations; and
WHEREAS, upon timely notice, the City undertook a State Environmental Policy Act
(SEPA) review of these wireless communication regulations and issued a Determination of Non -
Significance for this non -project action; and
WHEREAS, the Washington State Department of Commerce was provided a Notice of
Intent to Adopt the proposed regulations and the City received no comments on the same; and
WHEREAS, the proposed regulations went before the City of Federal Way Planning
Commission for review, discussion, and consideration. Upon timely notice, a public hearing was
held before the Planning Commission on December 2, 2020 and continued on December 16, and
subsequently, the Planning Commission issued a recommendation that the City Council adopt the
regulations as presented herein; and
WHEREAS, the based on careful consideration of the facts and law, including without
limitation the public testimony received, the Planning Commission's recommendation dated
Ordinance No. 21-906 Page 2 of 50
December 2, 2020, the Staff Report dated November 23, 2020, and records and files with the office
of the City Clerk, the Federal Way City Council finds that the proposed amendments attached and
incorporated herein should be approved as presented.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The Federal Way City Council finds as follows:
1. The above recitals set forth as "WHEREAS" clauses are hereby adopted as findings of fact in
support of the adoption of this Ordinance.
2. The amendments that are incorporated herein comply with the requirements of the Washington
State Growth Management Act and the City of Federal Way's municipal code.
Section 2. FWRC 4.22.060 of the Federal Way Revised Code is hereby repealed in its
entirety.
Section 3. Chapter 4.23 of the Federal Way Revised Code is hereby repealed and replaced
as follows:
Chapter 4.23 — Small Wireless Facilities located on City Property
4.23.010 Applicability.
Small wireless facilities, defined by FRWC 19.256.020, proposed to be located in the public right-
of-way or on publicly owned property are subject to the requirements established in Chapter
19.256 FWRC.
Section 4. Chapter 4.24 of the Federal Way Revised Code is hereby repealed and replaced
as follows:
Ordinance No. 21-906 Page 3 of 50
Chapter 4.24 — Eligible Facilities Requests located on City Property
4.24.010 Applicability.
Eligible Facilities Requests, defined by FWRC 19.257.020(1)(c), related to an existing tower or
base station located in the public right-of-way or on publicly owned property are subject to the
requirements established in Chapter 19.257 FWRC.
Section 5. Chapter 19.256 FWRC, approved through Ordinance 18-850 by City Council
on July 18, 2018 and associated interim amendments approved through Ordinance Nos. 19-862,
20-883, and 20-890 approved by City Council on January 9, 2019, January 21, 2020 and July 21,
2020 respectively, which established wireless communication facilities regulations are hereby
repealed in their entirety and replaced as follows:
Chapter 19.256
WIRELESS COMMUNICATION FACILITIES
Sections:
19.256.010 Purpose and Scope.
19.256.020 Exemptions.
19.256.030 Definitions.
19.256.040 Federal regulatory requirements.
19.256.050 Small wireless facility application process.
19.256.060 Small wireless facility application requirements.
19.256.070 Small wireless facility review criteria and process.
19.256.080 Small wireless facility permit requirements.
19.256.090 Small wireless facility modification.
19.256.100 Small wireless facility aesthetic, concealment, and design standards.
19.256.110 Designated design zones for small wireless facilities.
19.256.120 Major wireless communication facility application and review process.
19.256.130 Major wireless communication facility application requirements.
19.256.140 Prioritized locations for major wireless communication facilities.
19.256.150 Major wireless communication facility development standards.
19.256.160 Expiration of major wireless communication facility permit.
19.256.170 Nonconformance exceptions.
19.256.180 Temporary wireless communication facilities.
19.256.190 Collocation.
Ordinance No. 21-906 Page 4 of 50
19.256.200 Removal of facility.
19.256.210 Revocation of permit.
19.256.010 Purpose and Scope.
The purpose of this chapter, in addition to implementing the general purposes of the
comprehensive plan and development regulations, is to regulate the activities of permitting,
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 a competitive wireless telecommunications marketplace within the city.
This chapter provides permitting and review regulations as well as aesthetic, design and
concealment standards for the construction of wireless communication facilities both within and
without the public right-of-way. It also provides siting options at appropriate locations within the
city to support existing communications technologies, to adapt to new technologies as needed, and
to minimize associated safety hazards and visual impacts. The siting of wireless communication
facilities on existing buildings and structures, colocation of telecommunication facilities on a
single support structure and visual mitigation strategies are encouraged to preserve neighborhood
aesthetics and reduce visual clutter in the city.
19.256.020 Exemptions.
(1) 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 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
Ordinance No. 21-906 Page 5 of 50
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.
(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. See Chapter 19.257 FWRC.
(g) Routine maintenance or repair of a major WCF and related equipment excluding structural
work or changes in height, dimension, or visual impacts of the tower or support structure; provided,
Ordinance No. 21-906 Page 6 of 50
however, that compliance with the standards of this title is maintained and a right-of-way use
permit is obtained if the major WCF is located in the right-of-way.
(h) Temporary major WCFs for large scale community events, limited to the duration of
the event, plus two (2) days prior to the event and two (2) days after.
19.256.030 Definitions.
For the purposes of this chapter, 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 CFR 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 Communications Commission ("FCC") 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
CFR Title 15.
"Antenna equipment," consistent with 47 CFR 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, are mounted or installed at the same
time as the antenna.
"Antenna facility" means an antenna and associated antenna equipment.
"Collocation"
means:
(i) Mounting or installing an antenna facility on a preexisting structure; and/or
(ii) Modifying a structure for the purpose of mounting or installing an antenna
facility on that structure.
Ordinance No. 21-906 Page 7 of 50
"Concealment elements" means stealth techniques specifically designated as concealment
elements at the time of the original approval of the wireless facility for the purposes of rendering
the appearance of the wireless facility as something fundamentally different than a wireless facility
including but not limited to the use of nonreflective materials, appropriate colors, and/or a
concealment canister.
"Director" means the Public Works Director or designee.
"Equipment enclosure" 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.
"FCC" or "Federal Communications Commission" means the federal administrative agency, or
lawful successor, authorized to regulate and oversee telecommunications carriers, services and
providers on a national level.
"Major wireless communication facilities" or "Major WCF" means a large wireless service facility
that provides radio frequency coverage for wireless services. Generally, major WCF antennas are
mounted on ground -based towers, rooftops and other existing structures, at a height that provides
a clear view over the surrounding buildings and terrain. Major WCF typically contain antennas
that are greater than three (3) cubic feet per antenna and typically cover large geographic areas
with relatively high capacity and may be capable of hosting multiple wireless service providers.
Major WFC include but are not limited to monopoles, lattice towers, macro cells, roof -mounted
and panel antennas, and other similar facilities.
"Personal wireless services" means commercial mobile services, unlicensed wireless services, and
common carrier wireless exchange access services.
"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 construction of wireless communications.
"Small wireless facility" shall be defined as provided in 47 CFR 1.6002(1).
"Structure" means a pole, tower, base station, or other building, whether or not it has an existing
antenna facility, that is used or to be used for the provision of personal wireless service (on its own
or commingled with other types of services).
"Telecommunications service" shall be defined in accord with RCW 35.99.010.
Ordinance No. 21-906 Page 8 of 50
"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 fixed 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 backup 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.
"Unified enclosure" means a small wireless facility providing concealment of antennas and
equipment within a single enclosure.
"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.
"Wireless communication facilities" or "WCF" means facilities used for personal wireless
services.
"Wireline" means services provided using a physically tangible means of transmission, including
without limitation wire or cable, and the apparatus used for such transmission.
19.256.040 Federal regulatory requirements.
(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 prohibit or have the effect of prohibiting wireless service within the city.
Ordinance No. 21-906 Page 9 of 50
19.256.050 Small wireless facility application process.
(1) 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 chapter. For small wireless facilities inside the right-of-way, the applicant must
also comply with the requirements pursuant to Chapter 4.22 FWRC. The small wireless facility
permits are issued by the Director.
(2) Completeness. An application for a small wireless facility is not complete until the applicant
has submitted all the applicable items required by FWRC 19.256.060 and, to the extent relevant,
has submitted all the applicable items in FWRC 19.256. 050(3) and the city has confirmed that the
application is complete. Franchisees with a valid franchise for small wireless facilities may apply
for a small wireless permit for the initial or additional phases of a small wireless facilities system
at any time subject to the commencement of a new completeness review time period for permit
processing.
(3) Application Components. The Director is authorized to establish franchise and other
application forms to gather the information required to evaluate the application from applicants
and to determine the completeness of the application as provided herein. The application shall
include the following components as applicable:
(a) Franchise. If any portion of the applicant's facilities are to be located in the right-of-way,
the applicant shall apply for, and receive approval of a franchise, consistent with the requirements
in Chapter 4.22 FWRC. An application for a franchise may be submitted concurrently with an .
application small wireless facility permit(s).
Ordinance No. 21-906 Page 10 of 50
(b) Small Wireless Facility Permits. The applicant shall submit a SWF permit application as
required in the small wireless facility application requirements established in FWRC 19.256.060
and pay the permit fee as set forth in the, fee schedule which may be amended by City Council
from time to time.
(c) Associated Application(s) and Checklist(s). Any application for a small wireless permit
which contains an element which is not categorically exempt from SEPA review shall
simultaneously apply under Chapter 43.21C RCW and Title 14 FWRC. Further, any application
proposing small wireless facilities in a shoreline area (pursuant to Chapter 15.05 FWRC) or a
critical area (pursuant to Chapter 19.145 FWRC) shall indicate why the application is exempt or
comply with the review processes in such codes. Applications for small wireless facilities in design
zones or for new poles shall comply with the requirements in FWRC 19.256.100(5). Applications
for small wireless facilities in design zones or for new poles shall comply with the requirements
in FWRC 19.256.100(5).
(d) Leases. An applicant who desires to attach a small wireless facility on any utility pole, light
pole, or other structure or building owned by the city shall obtain a lease as a component of its
application. Utility poles and the use of other public property, structures or facilities, including but
not limited to any park land or facility, require city council approval of a lease or master lease
agreement.
19.256.060 Small wireless facility application requirements.
The following information shall be provided by all applicants for a small wireless 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
Ordinance No. 21-906 Page 11 of 50
existing, replacement or new poles, towers, existing buildings and/or other structures. The
applicant shall specify ground -mounted equipment, conduit, junction boxes and fiber and power
connections necessary for and intended for use in the small wireless facilities system regardless of
whether the additional facilities are to be constructed by the applicant or leased from a third party.
The applicant shall provide detailed schematics and visual renderings of the small wireless
facilities, including engineering and design standards. The application shall have sufficient detail
to identify:
(a) The location of overhead and, to the extent applicable, underground public utilities,
telecommunication, cable, water, adjacent lighting, sewer drainage and other lines and equipment
within 50 feet of the proposed project area (which the project area 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 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
significant landscaping to be disturbed during construction. The applicant is discouraged from
cutting/pruning, removing or replacing trees, and if any such tree modifications are proposed the
applicant must comply with applicable provisions of Chapter 19.120 FWRC and Chapter 4.35
FWRC.
(c) The applicant's plan for fiber and power service, all conduits, cables, wires, handholes,
junctions, meters, disconnect switches and any other ancillary equipment or construction necessary
Ordinance No. 21-906 Page 12 of50
to construct the small cell facility, to the extent to which the applicant is responsible for installing
such fiber and power service, conduits, cables, and related improvements. Where another party is
responsible for installing such fiber and power service, conduits, cables, and related improvements,
applicant's construction drawings shall include such utilities to the extent known at the time of
application, but at a minimum applicant must indicate how it expects to obtain power and fiber
service to the small cell facility.
(d) A photometric analysis of the roadway and sidewalk within 150 feet of the existing light if
the site location includes a new light pole.
(e) Compliance with the applicable aesthetic requirements pursuant to FWRC 19.256.100.
(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. Such written approval shall
include approval of the specific pole, engineering and design specifications for the pole, as well as
assurances that the specific pole can withstand wind and seismic loads as well as assurances in
accordance with subsection (6), from the pole owner, unless the pole owner is the city. For city -
owned utility poles or structures, the applicant shall obtain a lease from the city prior to or
concurrent with the small wireless permit application so that the city can evaluate the use of a
specific pole.
(3) The applicant is encouraged to batch the small wireless facility sites within an application in a
contiguous service area and/or with similar designs.
(4) 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
Ordinance No. 21-906 Page 13 of 50
for every frequency at which the small wireless facility will operate. If facilities that 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 from the entire installation. The applicant may provide one emissions report for the
entire batch of small wireless facility applications 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.
(5) 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.
(6) A professional engineer licensed by the state of Washington 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 as required by applicable
codes.
(7) A right-of-way work permit application as required by FWRC 4.25.030.
(8) Proof of a valid Federal Way business license.
(9) Recognizing that small wireless facility technology is rapidly evolving, the Director is
authorized to adopt and publish standards for the 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.
(10) Such other information as the Director, in his/her reasonable discretion, shall deem
appropriate to effectively evaluate the application based on technical, engineering and aesthetic
considerations.
Ordinance No. 21-906 Page 14 of 50
19.256.070 Small wireless facility review criteria and process.
(1) The following provisions relate to review of applications for a small wireless facility permit:
(a) In any zone, upon application for a small wireless permit, the city will permit small wireless
facilities only when the application meets the criteria of this Chapter 19.256 FWRC.
(b) 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 rights -of -way.
(c) Replacement poles, new poles, and ground -mounted equipment permitted pursuant to
FWRC 19.256.100(1)(b) 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, new pole, or ground -mounted equipment 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.
(d) No equipment shall be operated so as to produce noise in violation of Chapter 7.10 FWRC
(e) 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.
(2) Decision. All small wireless facility applications shall be reviewed and approved or denied by
the Director. The Director's decision shall be final and is not subject to appeal under city code or
further review by the city.
(3) Eligible Facilities Requests. Small wireless facilities may be expanded pursuant to an eligible
facilities request so long as the expansion:
Ordinance No. 21-906 Page 15 of 50
(a) does not defeat design concealment elements specifically designated as stealth techniques,
(b) it incorporates the aesthetic elements required as conditions of approval set forth the
original small wireless facility approval in a manner consistent with the rights granted an eligible
facility, and
(c) does not exceed the conditions of a small wireless facility as defined by 47 CFR
1.6002(1).
(4) Public Notice. The city shall provide notice of a complete application for a small wireless
permit on the city's website with a link to the application. Prior to construction, the applicant shall
provide notice of construction to all impacted property owners within 100 feet of any proposed
small wireless facility via a doorhanger that shall include an email contact and telephone number
for the applicant. Notice is for the public's information and is not a part of a hearing or part of the
land use appeal process.
(5) 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 reduced to withhold the amount of actual
and objectively reasonable 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.
(6) Supplemental Information. Failure of an applicant to provide supplemental information as
requested by the Director within 90 days of notice by the Director shall be grounds for denial of
Ordinance No. 21-906 Page 16 of 50
that application unless an extension period has been approved by the Director. If no extension
period has been approved by the Director, the Director shall notify the applicant in writing that the
application is denied.
19.256.080 Small wireless facility permit requirements.
(1) Permit Compliance. The permittee shall comply with all of the requirements within the small
wireless facility permit.
(2) Post -Construction As-Builts. Upon request, the permittee shall provide the city with as-builts
of the small wireless facilities, within 30 days after construction of the small wireless facility,
demonstrating compliance with the permit, visual renderings submitted with the permit application
and any site photographs taken.
(3) Construction Time limit. Construction of the small wireless facility must be completed within
12 months after the approval date by the city. The permittee may request one extension of no more
than six months, if the permittee provides an explanation as to why the small wireless facility
cannot be constructed within the original 12-month period.
(4) Site Safety and Maintenance. The permittee must maintain the small wireless facilities in safe
and working condition. The permittee shall be responsible for the removal of any graffiti or other
vandalism of the small wireless facility and shall keep the site neat and orderly, including but not
limited to following any maintenance or modifications on the site.
(5) Operational Activity. The permittee shall commence operation of the small wireless facility no
later than six months after installation. The permittee may request one extension for an additional
six-month period if the permittee can show that such operational activity is delayed due to inability
to connect to electrical or backhaul facilities.
Ordinance No. 21-906 Page 17 of 50
19.256.090 Small wireless facility modification.
(1) If a permittee desires to modify small wireless facilities, 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 permittee shall
apply for a new small wireless permit.
(2) A small wireless permit shall not be required for routine maintenance and repair of a small
wireless facility within the rights -of -way, or the replacement of an antenna or equipment of similar
size, weight, and height; provided, that such replacement does not defeat the concealment elements
used in the original small wireless facility and does not impact the structural integrity of the pole.
Further, a small wireless permit shall not be required for replacing equipment within the equipment
enclosure or reconfiguration of fiber or power to the small wireless facilities. An annual blanket
right-of-way permit will be required for such routine maintenance, repair, or replacement and can
cover all facilities owned by the applicant.
19.256.100 Small wireless facility aesthetic, concealment, and design standards.
(1) All small wireless facilities shall conform with the following general aesthetic, concealment,
and design standards, as applicable:
(a) Except for locations in the right-of-way, small wireless facilities are not permitted on any
property containing a residential use in residential zones.
(b) 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 substantially conforming to the applicable standards in
Ordinance No. 21-906 Page 18 of 50
FWRC 19.256.100(5)(c) and 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. Generators located in the rights -of -way are prohibited.
(c) 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);
provided, that signs may be permitted as concealment element techniques where appropriate and
safety signage as required by applicable laws, regulations, and standards is permitted.
(d) 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 19.256.100(5)(c).
(e) The design standards in this Chapter are intended to be used solely for the purpose of
concealment and siting. Nothing contained in this chapter shall be interpreted or applied in a
manner which dictates the use of a particular technology. When strict application of these
requirements would render the small wireless facility technically infeasible or otherwise have the
effect of prohibiting wireless service, alternative forms of aesthetic design or concealment may be
permitted which provide similar or greater protections from negative visual impacts to the
streetscape.
(2) General Pole Standards. In addition to complying with the general standards in FWRC
19.256.100(1), all small wireless facilities on any type of pole shall conform to the following
general pole design requirements as well as the applicable pole specific standards:
Ordinance No. 21-906 Page 19 of 50
(a) The preferred location of a small wireless facility on a pole is the location with the least
visible impact.
(b) 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 neither 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.
(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 USC 253 and 332.
(d) Replacement poles and new poles shall comply with the Americans with Disabilities Act,
city construction and sidewalk clearance standards, city development standards, city ordinances,
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 and the
abandoned pole shall be removed.
(f) 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 nonwooden poles no more
than six inches off the pole.
Ordinance No. 21-906 Page 20 of 50
(3) Nonwooden Pole Design Standards. In addition to complying with the general standards in
FWRC 19.256.100(l) and FWRC 19.256.100(2), small wireless facilities attached to existing or
replacement nonwooden poles in the right-of-way or nonwooden poles outside of the right-of-way
shall conform to the following design criteria:
(a) Antennas and the associated equipment enclosures (excluding disconnect switches and
other appurtenant devices) shall be fully concealed within the pole, unless such concealment is
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 no more than 6 inches off of the pole, 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 signs, or
the small wireless facility.
For purposes of this section, "incompatible with the pole design" may include a demonstration by
the applicant that the visual impact to the pole or the streetscape would be reduced by placing the
antennas and equipment exterior to the pole.
(b) The farthest point of any antenna or equipment enclosure may not extend more than 28
inches from the face of the pole.
(c) All conduit, cables, wires, and fiber must be routed internally in the 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.
Ordinance No. 21-906 Page 21 of 50
(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, unless the applicant can
demonstrate that more space is needed. To the extent technically feasible, the antennas shall be
integrated into the pole design so that they appear 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. To the extent technically feasible,
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
(including but not limited to color, shape and style) or the neighboring pole design standards
utilized within the contiguous right-of-way.
(f) The height of any replacement pole and antenna(s) 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 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)(c) 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. 21-906 Page 22 of 50
accommodating the small wireless facility and the small wireless facility and all associated
equipment shall be removed.
(4) Wooden pole design standards. In addition to complying with the general standards in FWRC
19.256.100(1) and FWRC 19.256.100(2), small wireless facilities attached to existing or
replacement wooden utility poles and other wooden poles inside or outside the right-of-way 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 to provide sufficient separation and/or clearance from electrical and wireline
facilities.
(b) A pole extender may be used instead of replacing an existing pole, but may not increase
the height of the existing pole by more than 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.
Ordinance No. 21-906 Page 23 of 50
(d) 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 or the otherwise standard size used by the pole owner.
(e) All cables and wires shall be routed through conduits 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.
(f) To the extent technically feasible, 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.
(g) Antennas shall not be mounted more than 12 inches from the surface of the wooden pole.
(h) 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 shall not be more
than three cubic feet in volume.
(i) A canister antenna may be mounted on top of an existing or replacement wooden pole,
which may not exceed the height requirements described in subsection (4)(a) of this section. A
canister antenna mounted on the top of a wooden pole shall not exceed 16 inches in diameter,
measured at the top of the pole, and to the extent technically feasible, shall be colored or painted
to match the pole. The canister antenna must be placed to look as if it is an extension of the pole.
In the alternative, the applicant may install a side -mounted canister antenna, so long as the inside
edge of the antenna is no more than 12 inches from the surface of the wooden pole. All cables shall
be concealed either within the canister antenna or within a sleeve between the antenna and the
wooden pole.
Ordinance No. 21-906 Page 2-4 of 50
0) The farthest point of any antenna or equipment enclosure may not extend more than 28
inches from the face of the pole.
(k) An omnidirectional 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.
(1) All related antenna 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.
(m) Equipment for small wireless- facilities must be attached to the wooden pole, unless
otherwise permitted to be ground mounted pursuant to subsection (4)(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 preexisting associated equipment on the
pole, may not exceed 28 cubic feet: Multiple equipment enclosures may be acceptable if designed
to more closely integrate with the pole design and do not cumulatively exceed 28 cubic feet. The
applicant is encouraged to place the equipment enclosure(s) behind any banners or road signs that
may be on the pole; provided, that such location does not interfere with the operation of the banners
or signs, or the small wireless facility.
Ordinance No. 21-906 Page 25 of 50
(n) 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 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.
(o) 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.
(p) 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.
(5) Small wireless facilities on new poles in the rights -of -way or in a design zone. In addition to
complying with the general standards in FWRC 19.256.100(1) and FWRC 19.256.100(2), small
wireless facilities proposed to be attached to new poles or in a design zone shall comply with
following:
(a) New poles within the rights -of -way are only permitted if the applicant can establish that:
Ordinance No. 21-906 Page 26 of 50
(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 nonresidential 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 subsection;
(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 administrative review by the Director.
(c) All new poles shall conform to the city's standard pole design established in the city's
public works development standards. If no existing metered service is available, the applicant shall
provide new metered electrical service. If the city's standard pole design is technically infeasible,
the new pole shall meet the following:
(i) The concealment element design shall include the design of the screening, fencing, or
other concealment technology for a tower, pole, or equipment enclosure, and all related
transmission equipment or facilities associated with the proposed small wireless facility, including
but not limited to fiber and power connections.
(ii) 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
Ordinance No. 21-906 Page 27 of 50
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 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 wires are installed internally within the structure. Further, applicant designs should,
to the extent technically feasible, comply with the generally applicable design standards adopted
pursuant to this section.
(iii) 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 design would undermine the generally applicable design standards.
(iv) Even if an alternative location is established pursuant to subsection (5)(a)(1) of this
section, the Director may determine that a new pole in the right-of-way is in fact a superior
Ordinance No. 21-906 Page 28 of 50
alternative based on the impact to the city, the concealment element design, the city's
comprehensive plan and the added benefits to the community.
(v) 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 master lease agreement from the city to locate such
new pole or ground -mounted equipment. This requirement also applies to replacement poles that
are taller than the replaced pole, when the overall height of the replacement pole and the proposed
small wireless facility is more than 60 feet.
(6) Small wireless facilities attached to cables. In addition to complying with the applicable general
standards in FWRC 19.256.100(1), all small wireless facilities mounted on existing 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 feasible to the nearest utility pole,
in no event more than five feet from the pole unless that location is technically infeasible or is not
allowed 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 preexisting equipment cabinets or required by a third party electrical service
provider; and
Ordinance No. 21-906 Page 29 gf'50
(f) Pole -mounted equipment shall comply with the requirements of subsections (a) and (b) 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).
(7) Small wireless facilities attached to existing buildings. In addition to complying with the
applicable general standards in FWRC 19.256.100(l), all 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) To the extent technically feasible, small wireless facilities shall be painted and textured to
match the adjacent building surfaces.
19.256.110 Designated design zones for small wireless facilities.
Design zones. The following zones are designated as design zones for the purpose of the
application of the provisions of this chapter:
Ordinance No. 21-906 Page 30 of 50
(1) City center core (CC-C);
(2) City center frame (CC-F);
(3) Designated landmark districts.
19.256.120 Major wireless communication facility application and review process.
(1) Application. Upon receipt of a complete application for a major wireless communication
facility, the application shall be processed as a Process II application; provided that temporary
major WCFs are subject to Process I review. See Chapters 19.60 and 19.55 FWRC.
(2) Public Notice. Notice shall be provided as required for Process I and 11 applications.
(3) Review. The Director shall review the application for conformance with the application
requirements and review criteria to determine whether the application is consistent with this
chapter.
(4) 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 the application cannot meet the standards
of this chapter through the imposition of reasonable conditions, the application shall be denied.
19.256.130 Major wireless communication facility application requirements.
(1) Process Il permit applications for major WCFs, excluding temporary major WCFs, 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.
Ordinance No. 21-906 Page 31 of 50
(b) Three photo simulations of the proposed facility from affected properties and/or public
rights -of -way at varying distances. These photo simulations should include examples of
camouflage and stealth installation options, if applicable.
(c) Architectural elevations of proposed facility and site.
(d) If applicable, a propagation map 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 and all other service
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 proposed plant materials used to screen WCF components.
(g) If the major WCF 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.
(1) 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.
0) If proposing a new tower, the applicant shall submit a signed statement indicating they agree
to allow for the potential collocation of additional major WCF equipment by other service
providers on the applicant's structure or within the same wireless site location. If an applicant
Ordinance No. 21-906 Page 32 of 50
contends that future collocation is not possible on its site, it must submit a technical study
documenting why.
(k) 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) Process I permit applications for temporary WCFs shall include the following minimum
information:
(a) Documentation of previously permitted facility, if applicable.
(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.
19.256.140 Prioritized locations for major wireless communication facilities.
The following sites shall be the required order of location for proposed major WCFs, including
antenna and equipment enclosures. In order of preference, the prioritized locations for major WCFs
are as follows:
(1) Structures located in the BPA transmission easement. A major WCF may be located on any
existing support structure currently located in the easement upon which are located U.S.
Ordinance No. 21-906 Page 33 of 50
Department of Energy/Bonneville Power Administration (`BPA") power lines regardless of
underlying zoning.
(2) Existing wireless sites and 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 wireless 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 wireless site or tower is not being proposed, regardless
of whether the existing site or tower is located within the jurisdiction of the city.
(3) Institutional uses and structures. If the city, a utility, 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 public rights -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 feasible 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 be in violation of the 1996 Telecommunications
Act, as determined by the city through a Process III review using the following test: Would denial
of the application effectively prohibit the provision of service in violation of 47 USC 253 and/or
332?
19.256.150 Major wireless communication facility development standards.
Ordinance No. 21-906 Page 34 of 50
The following development standards shall be followed in the design, siting, and construction of
a major WCF:
(1) Building- or structure -mounted major WCFs on existing buildings or structures outside of the
public right-of-way. Major WCFs mounted on existing buildings and structures shall conform to
the following development standards:
(a) The equipment cabinet for the major WCF shall meet all requirements of subsection (4) of
this section.
(b) The maximum size of the major WCF panels and number of antennas shall the minimum
necessary to achieve the service objective.
(c) 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 use
zone charts, FWRC Title 19, Division VI, Zoning Regulations. Antennas may be 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.
(d) 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.
(e) It is the applicant's responsibility to prove that the proposed size of the major WCF panels
and number of antennas is the minimum size and number necessary.
(f) Within residential zones, equipment enclosures, and buildings to house equipment cabinets
located above ground shall meet all applicable setback requirements for residential development
of the underlying zone. For developed sites in nonresidential zones, the setback requirements for
Ordinance No. 21-906 Page 35 gf'50
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.
(g) The major WCF shall comply with all other applicable standards of this code.
(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 service providers as part of a
joint permit application.
(c) A freestanding major WCF may not be located closer than 500 feet to an existing
freestanding major WCF whether it is owned or utilized by the applicant or another service
provider, unless the applicant demonstrates that a closer distance is justified by technical need or
better screening result.
(d) A freestanding major WCF, including the support structure and associated 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:
Ordinance No. 21-906 Page 36 gf'.50
(1) Use existing site features to screen as much of the total WCF as feasible 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.
(3) Standards for equipment cabinets. Equipment cabinets shall either:
(a) Be placed in a new or existing completely enclosed building. It is the applicant's
responsibility to prove that the proposed 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 proposed size of the equipment enclosure is the minimum size
necessary to house the equipment.
If the equipment enclosure 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 feasible from any street
and/or adjacent properties by landscaping and/or topography.
(4) Standards for equipment enclosures.
(a) Equipment enclosures shall not be allowed within the right-of-way.
Ordinance No. 21-906 Page 37 of 50
(b) In residential zones, equipment enclosures located above ground on properties 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,
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.
(c) Chain -link fences shall be painted or coated with a nonreflective color.
Ordinance No. 21-906 Page 38 gf50
(6) Cumulative effects. The city shall consider the cumulative visual effects of major 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
service provider; provided that, safety signage as required by applicable laws, regulations, and
standards is permitted.
(8) Use zone charts, height and permit process.
(a) 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.
(b) Allowed heights shall be established relative to the appropriate process as outlined in the
use zone charts, FWRC Title 19, Division VI, Zoning Regulations.
19.256.160 Expiration of major wireless communication facility permit.
A major WCF permit issued under this chapter must be substantially implemented within three
years from the date of final approval or the permit shall expire. The holder of the permit may
request one extension to be limited to 12 months, if the applicant cannot construct the major WCF
within the original three-year period.
19.256.170 Nonconformance exceptions.
Ordinance No. 21-906 Page 39 gf50
Permit applications made under this section to locate a major 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(l)(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.
19.256.180 Temporary major wireless communication facilities.
(1) As determined by the Director, a temporary major WCF may be deployed and operated with a
Process I approval
as follows:
(a) The temporary major WCF creates no adverse public health or safety impacts.
(b) Only one temporary major WCF shall be permitted per single property.
(c) Prior to installation of the temporary major WCF, the applicant shall provide the city with
a cash bond in an amount to be determined by the Director in order to guarantee performance of
future removal and restoration of the site.
(2) Temporary major WCF may be permitted for a duration not to exceed:
(a) up to ninety (90) days if for a community event; or
(b) up to six (6) months if the temporary major WCF applicant can demonstrate to the city's
satisfaction that the permanent underlying structure is being redeveloped.
Ordinance No. 21-906 Page 40 of 50
19.256.190 Collocation.
(1) A permittee shall cooperate with other service 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 service
providers to collocate and share the permitted site, provided such shared use does not give rise to
a technical 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 service provider, 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.
19.256.200 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.
Ordinance No. 21-906 Page 41 of 50
(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 major 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 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 owner or operator 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.
19.256.210 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;
Ordinance No. 21-906 Page =12 of 50
(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 RF emissions; and
(6) Pursuant to FWRC 19.05.300(3), the city shall use the same criteria to determine if the permit
shall be revoked as it used to grant the permit.
Section 6. Title 19 of the Federal Way Revised Code is hereby amended by the addition of
a new Chapter — 19.257 "Eligible Facilities Requests":
Chapter 19.257
ELIGIBLE FACILITIES REQUESTS
Sections:
19.257.010
Purpose
19.257.020
Definitions
19.257.030
Application.
19.257.040
Qualification as an eligible facilities request.
19.257.050
Time frame for review.
19.257.060 Tolling of the time frame for review.
19.257.070 Determination that application is not an eligible facilities request.
19.257.080 Failure to act.
19.257.010 Purpose.
Under 47 U.S.C. § 1455 and relevant Federal Communications Commission ("FCC")
regulations, a local jurisdiction must approve a modification of a wireless facility qualifying as
an eligible facility request. Accordingly, the city adopts the following provisions for review of
applications for eligible facility requests as defined by this chapter and federal law.
19.257.020 Definitions.
(1) Definitions. The following definitions shall apply to eligible facilities requests only as
Ordinance No. 21-906 Page 43 of'50
described in this chapter:
(a) "Base station" means a structure or equipment at a fixed location that enables FCC -
licensed or authorized wireless communications 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:
(i) Equipment associated with wireless communications services as well as unlicensed
wireless services and fixed wireless services such as microwave backhaul.
(ii) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power
supplies, and comparable equipment, regardless of technological configuration (including
distributed antenna systems ("DAS") and small wireless networks).
(iii) Any structure other than a tower that, at the time the relevant application is filed
(with jurisdiction) under this section, supports or houses equipment described in subsections
(1)(a)(i) and (ii) of this section that has been reviewed and approved under the applicable zoning
or siting process, or under another state or local regulatory review process, even if the structure
was not built for the sole or primary purpose of providing that support.
(iv) The term does not include any structure that, at the time the eligible facilities request
application is filed with the city, does not support or house equipment described in subsections
(1)(a)(i) and (ii) of this section.
(b) "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.
Ordinance No. 21-906 Page - 4 of 50
(c) "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:
(i) Collocation of new transmission equipment;
(ii) Removal of transmission equipment; or
(iii) Replacement of transmission equipment.
(d) "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.
(e) Existing. A constructed tower or base station is existing if it has been reviewed and
approved under the applicable zoning or siting process, or under another state or local regulatory
review process; provided, that a tower that has not been reviewed and approved because it was
not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of
this definition.
(f) Site. For towers other than towers in the public rights -of -way, the current boundaries of
the leased or owned property surrounding the tower and any access or utility easements currently
related to the site, and, for other eligible support structures, further restricted to that area in
proximity to the structure and to other transmission equipment already deployed on the ground.
The current boundaries of a site are the boundaries that existed as of the date that the original
support structure or a modification to that structure was last reviewed and approved by a State or
local government, if the approval of the modification occurred prior to the Spectrum Act or
otherwise outside of the Section 6409(a) process.
(g) Substantial Change. A modification substantially changes the physical dimensions of an
Ordinance No. 21-906 Page 45 of 50
eligible support structure if it meets any of the following criteria:
(1) For towers other than towers in the public right-of-way, it increases the height of the
tower by more than 10 percent or by the height of one additional antenna array with separation
from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible
support structures, it increases the height of the structure by more than 10 percent or more than
10 feet, whichever is greater;
(ii) For towers other than towers in the public right-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;
(iii) 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 right-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;
(iv) It entails any excavation or deployment outside the current site , except that, for
towers other than towers in the public rights -of -way, it entails any excavation or deployment of
transmission equipment outside of the current site by more than 30 feet in any direction. The site
boundary from which the 30 feet is measured excludes any access or utility easements currently
related to the site;
Ordinance No. 2I-906 Page 46 of 50
(v) It would defeat the concealment elements of the eligible support structure; or
(vi) 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.
(h) "Tower" means any structure built for the sole or primary purpose of supporting any
FCC -licensed or authorized antennas and their associated facilities, including structures that are
constructed for wireless communications services including, but not limited to, private,
broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless
services such as microwave backhaul and the associated site.
(i) "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 backup power supply. The
term includes equipment associated with wireless communications 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.
19.257.030 Application.
(1) Application. The Director shall prepare and make publicly available an application form that
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.
Ordinance No. 21-906 Page 47 of 50
19.257.040 Qualification as an eligible facilities request.
Upon receipt of an application for an eligible facilities request, the Director shall review such
application to determine whether the application qualifies as an eligible facilities request.
19.257.050 Time frame for review.
Applications for an eligible facilities request are reviewed by the Director or his/her designee,
who will approve the application within 60 days of the date an applicant submits an eligible
facilities request application, unless the Director or designee determines that the application does
not qualify under FWRC 19.257.020.
19.257.060 Tolling of the time frame for review.
The 60-day review period begins to run when the application is filed and may be tolled only by
mutual agreement by the city and the applicant or in cases where the city determines that the
application is incomplete. The time frame for review of an eligible facilities request is not tolled
by a moratorium on the review of applications.
(1) To toll the time frame for incompleteness, the city shall provide written notice to the
applicant within 30 days of receipt of the application, clearly and specifically delineating all
missing documents or information required in the application.
(2) The time frame for review begins running again when the applicant makes a supplemental
submission in response to the city's notice of incompleteness.
(3) Following a supplemental submission, the city will notify the applicant within 10 days if the
supplemental submission did not provide the information identified in the original notice
delineating missing information. The time frame is tolled in the case of second or subsequent
Ordinance No. 21-906 Page 48 of 50
notices pursuant to the procedures identified in this subsection. Second or subsequent notice of
incompleteness may not specify missing documents or information that was not delineated in the
original notice of incompleteness.
19.257.070 Determination that application is not an eligible facilities request.
If the city determines that the applicant's request does not qualify as an eligible facilities request,
the city shall deny the application.
19.257.080 Failure to act.
In the event the city fails to approve or deny an eligible facilities request 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 city in writing after the review period
has expired (accounting for any tolling) that the application has been deemed granted.
Section 7..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, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 8. 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
Ordinance No. 21-906 Page -49 of 50
references thereto.
Section 9. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
Section 10. 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 19th day of January, 2021.
CITY OF FEDERAL WAY:
r
I E LL, MAYOR
ATTEST:
r
HANIE COURTN , CMC, CITY CLERK
APPROVED AS TO FORM:
�.0 !!f 0�
J. RYAN CALL, CTTY ATTORNEY
FILED WITH THE CITY CLERK: 12/09/2020
PASSED BY THE CITY COUNCIL: 01/19/2021
PUBLISHED: 01 /22/2021
EFFECTIVE DATE: 01/27/2021
ORDINANCE NO.: 21-906
Ordinance No. 21-906 Page 50 of 50