Ord 00-363
(
CITY OF FEDERAL WAY
ORDINANCE NO. 00-363
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, W ASIDNGTON, AMENDING CHAPTER 22 (ZONING) OF THE
FEDERAL WAY MUNICIPAL CODE PERTAINING TO SITING AND
DEVELOPMENT STANDARDS AND REVIEW PROCESSES FOR
PERSONAL WIRELESS COMMUNICATION FACILITIES
WHEREAS, Section 704 of the Federal Telecommunications Act of 1996 preserves local
zoning authority over decisions regarding the placement, construction, and modification of
personal wireless service facilities; and,
WHEREAS; personal wireless services facilities comprise a rapidly growing segment of
the utilities and communications sector and have merit and value for the community and region
as a whole; and,
WHEREAS, personal wireless services facilities are supportive of the public health,
safety, and welfare in that they provide useful portable communication services for personal
convenience, business, and emergency purposes; and,
WHEREAS, the City of Federal Way is concerned that future decisions regulating the
siting and development of personal wireless services facilities, without appropriate standards and
review processes, may adversely effect the public health, safety, and welfare of residents of the
City of Federal Way; and,
WHEREAS, the Federal Way City Code (FWCC) Section 22-216 authorizes
amendments to the Land Use Code using Process VI; and
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ORDINANCE NO.OO-363, PAGE 1
lanuæy 4, 2000
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WHEREAS, the City of Federal Way reviewed potential impacts 1Ì"0m the Personal
Wireless Services Facilities Code Amendment Ordinance in compliance with the State
Environmental Policy Act; and,
WHEREAS, the Personal Wireless Services Facilities Code Amendment Ordinance will
implement and is consistent with the Federal Way Comprehensive Plan, and meets the criteria of
Process VI; and,
WHEREAS, the Planning Commission conducted a duly noticed public hearing on the
draft Personal Wireless Services Facilities Code Amendment Ordinance and forwarded a
recommendation of approval to the City Council; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
W ASIDNGTON, IN REGULAR SESSION, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findimzs of Fact.
A.
The proposed zoning code text amendments regarding PWSFs are consistent with,
and substantially implement, the following Comprehensive Plan goals and policies:
LUG2
LUP4
LUP6
PUG 2
PUG 4
PUP 3
Develop an efficient and timely development review process based on
a public/private partnership.
Maximize efficiency of the development review process.
Conduct regular reviews of development regulations to determine how
to improve upon the development review process.
Work with private utility companies to allow them to provide service
in a way that balances cost-effectiveness with environmental
protection, aesthetic impact, public safety, and public health.
Ensure that development regulations are consistent with public service
obligations imposed upon private utilities by Federal and State Law.
The City should work to encourage, to the extent possible, the supply
of all utilities to existing and new homes, offices, industrial, and
commercial buildings.
ORDINANCE NO.OO-363, PAGE 2
lanuæy 4, 2000
PUP 4
The City encourages the joint use of trenches, conduits, or poles, so
that utilities may coordinate expansion, maintenance, and upgrading
facilities with the least amount of right-of-way disruption.
PUP 17
The City should require that site-specific utility facilities such as
antennas and sub-stations are reasonably and appropriately sited and
screened to mitigate adverse aesthetic impacts.
PUP 19
The City should modifY the zoning regulations to address the siting,
screening, and design standards for wireless/cellular facilities, sub-
stations, and antenna facilities in such a manner as to allow for
reasonable and predictable review while minimizing potential land use
and visual impacts on adjacent properties.
B.
The proposed amendment bears a substantial relationship to public health, safety,
or welfare, because the proposed zoning code text amendments will result in improved
environmental and land use review processes, siting, prioritization, and development standards
for PWSFs.
C.
The proposed amendment is in the best interest of the residents of the city. The
proposed FWCC text amendment will improve the compatibility ofPWSFs with surrounding
land uses and minimize land use conflicts between PWSFs and surrounding land uses through
appropriate environmental and land use review processes, siting prioritization, and development
standards.
Section 2. Section 22-1 of the Federal Way City Code is hereby amended to incorporate
the following definitions in alphabetical order:
Abandoned versonal wireless service facility shall mean a PWSF that meets the
following:
(1)
Operation has voluntarilv ceased for a period of 60 or more consecutive davs' or
--
(2)
The effective radiated power of an antenna has been reduced bv 75 oercent for a
oeriod of 60 or more consecutive davs' or
(3)
The antenna has been relocated at a ooint less than 80 percent of the heil!:ht of the
supoort structure' or
ORDINANCE NO.OO-363, PAGE 3
lanuæy 4, 2000
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(4)
The number of transmissions 1Ì"0m an antenna has been reduced bv 75 oercent for
a period of60 or more consecutive days.
Cell-on-Wheels (C-O-WJ shall mean a mobile temporarY personal wireless service
facility.
Temvorarv Personal Wireless Service Facility shall mean a personal wireless service
facility which is to be placed in use for a limited oeriod of time is not deploved in a permanent
manner. and does not have a permanent foundation.
--
ORDINANCE NO.OO-363, PAGE 4
lanuæy 4, 2000
Section 3. Section 22-614 of the Federal Way City Code is hereby amended to read as follows:
See. 22-614. Personal wireleu service facility.
The following uses shall be pennitted in the suburban estate (SE) zone subject to the regulations and notes set forth in this section:
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ORDINANCE NO. 00-363, PAGE 5
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SPECIAL REGULATIONS AND NOTES
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November 30, 1999
Section 4. Section 22-649 of the Federal Way City Code is hereby amended to read as follows:
See. 22-649. Personal wireIeu service facility.
The following uses shall be pennitted in the single-family residential (RS) zone subject to the regulations and notes set forth in this section:
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ORDINANCE NO. 00-363, PAGE 6
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November 30, 1999
Section 5, Section 22-681 of the Federal Way City Code is hereby amended to read as follows:
See. 22-681. Personal wireless service facility.
The following uses shall be pennitted in the multifamily residential (RM) zone snbject to the regulations and notes set forth in this section:
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ORDINANCE NO. 00-363, PAGE 7
November 30, 1999
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Section 6. Section 22-700 of the Federal Way City Code is hereby amended to read as follows:
See. 22-700. Personal wireless service facHity.
The following uses shall be pennitted in the professional office (PO) zone subject to the regulations and notes set forth in this section:
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ORDINANCE NO. 00-363, PAGE 8
November 30, 1999
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Section 7. Section 22-730 of the Federal Way City Code is hereby amended to read as follows:
See. 22-730. Personal wireleu service facility.
The following uses shall be pennitted in the neighborhood business (BN) zone subject to the reguJations and notes set forth in this section:
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ORDINANCE NO. 00-363, PAGE 9
SPECIAL REGULATIONS AND NOTES
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November 30, 1999
Section 8. Section 22-762 of the Federal Way City Code is hereby amended to read as follows:
See. 22-762. Personal wireless service facility.
The following uses sbaII be pennitted in the community business (BC) zone subject to the regulations and notes set forth in this section:
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ORDINANCE NO. 00-363, PAGE 10
SPECIAL REGULATIONS AND NOTES
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November 30, 1999
Section 9. Section 22-802 of the Federal Way City Code is hereby amended to read as follows:
See. 22-802. Personal wireless service facility.
The following uses shall be pennitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section:
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ORDINANCE NO. 00-363, PAGE 11
November 30, 1999
Section 10, Section 22-817 of the Federal Way City Code is hereby amended to read as follows:
See. 22-4117. Penonal wireless service facility.
The following uses shall be pennitted in the city center ftame (CC-F) zone subject to the regulations and notes set forth in tlús section:
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ORDINANCE NO. 00-363, PAGE 12
November 30, 1999
SectiQn 11. Section 22-835 of the Federal Way City Code is hereby amended to read as follows:
See. 2~5. Personal wirele&s service facility.
The following uses shall be pennitted in the office park (OP, OPI-4) zone subject to the regulations and notes set forth in this section:
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ORDINANCE NO. 00-363, PAGE 13
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SPECIAL REGULATIONS AND NOTES
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November 30, 1999
S~on 12. Section 22-871 of the Federal Way City Code is hereby amended to read as follows:
See. 22-871. Personal wireless service facility.
The following uses shall be pennitted in the business part< (BP) zone subject to the regulations and notes set forth in this section:
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ORDINANCE NO. 00-363, PAGE 14
November 30, 1999
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Section 13, Section 22-906 of the Federal Way City Code is hereby amended to read as follows:
See. 22-906. Personal wireless service facility.
The following uses shall be pennitted in the coIpOIate park (CP-I) zone subject to the regulations and notes set forth in this section:
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ORDINANCE NO. 00-363, PAGE IS
November 30, 1999
.
Section 14, Section 22-966 of the Federal Way City Code is hereby amended to read as
follows:
Sec. 22-966. Personal wireless service facilities (PWSF).
(a) Purpose. This section addresses the issues oflocation and appearance associated with
personal wireless service facilities, It provides adequate siting opportunities through a wide
range of locations and options which minimize safety hazards and visual impacts sometimes
associated with wireless communications technology. The siting of facilities on existing
buildings or structures, collocation of several providers' facilities on a single support structure,
and visual mitigation measures are required, unless otherwise allowed by the city, to maintain
neighborhood appearance and reduce visual clutter in the city.
(b) Definitions. Any words, terms or phrases used in this section which are not otherwise
defined shall have the meanings set forth in section 22-1 of this Code.
( c) Exemptions, The followinl!: antennas and facilities are exempt lÌ"omthe provisions of
this section and shall be oermitted in all zones consistent with aoolicable develooment standards
as outlined in the Use Zone Charts Article XI District Regulations:
(2)
(3)
(4)
(5)
(1)
Wireless communication facilities used bv federal state or local oublic aszencies
for temoora¡y emerszency communications in the event of a disaster emerszency
preoaredness and public health or safety ou(poses.
Industrial processinsz equioment and scientific or medical equioment using
lÌ"equencies reszulated bv the FCC' provided such equipment complies with all
apolicable provisions of Section 22-960. Rooftoo Appurtenances and Chapter 22
Article XIIl Division 5 Heiszht.
Citizen band radio antennas or antennas ooerated by federally licensed amateur
("ham") radio operators' orovided such antennas comolv with all apolicable
orovisions of Section 22-960 Rooftoo Apourtenances and Chapter 22. Article
XIII Division 5 HeilZht.
Satellite dish antennas less than two meters in diameter including direct-to-home
satellite services when used as a seconda¡y use of the propertY. provided such
antennas complv with all apolicable provisions of Section 22-960 Rooftop
Appurtenances. and Chapter 22 Article XIIl Division 5. Height.
Automated meter readinl!: (AMR) facilities for the puJpose of collecting: utility
meter data for use in the sale of utility services. exce,pt for whip or other antennas
greater than two (2) feet in leDlnh' orovided the AMR facilities are within the
scooe of activities permitted under a valid lÌ"anchise a¡reement between the utility
service provider and the city.
--
ORDINANCE NO. 00-363, PAGE 16
lanuæy 4, 2000
(
(6)
Routine maintenance or r~air of a wireless communication facilitv and related
equioment excluding structural work or changes in heilzht dimensions. or visual
imoacts of the antenna. tower. or buiJdinl!:S: provided that compliance with the
standards of this chaoter are maintained,
~ Prioritized locations. The following sites shall be the required order of locations
for proposed PWSFs, including antenna and equipment shelters, unless the eity eleats te meElifY
the !Ãeritiætien, In reqliesting proposing a PWSF in a particular location, the applicant shall
analyze the feasibilitv ofJocatinlZ the proposed PWSF in each of the higher prioritv locations and
document, to the city's satisfaction, why 8 locatieftinlZ the PWSF in each higher priority location
and/or zone is not being proposed. In order of preference, bllsed ellllllllssessmellt ef fclISibility
the sites orioritized locations for PWSFs are as follows:
(2)
(3)
(4)
(1)
Structures located in the BP A trail: A PWSF may be located GQn any existing
support structure currently located in the easement upon which are located u.s.
Department of Energy /Bonneville Power Administration ("BP AU) Power Lines
regardless of underlying zoning.
Existing broadcast, relay and transmission towers: A PWSF mav be located GQn
any existing site or tower where a legal wireless telecommunication facility is
currently located regardless of underlying zoning. If an existing site or tower is
located within a one mile radius of a proposed PWSF location. the applicant shall
document whv collocation on the existing site or tower is not beinlZ proposed
relZardless of whether the existing site or tower is located within the jurisdiction of
the city.
Publicly-used structures: If the city consents to such location, 1ltt&cil.eEl te a PWSF
may be located on existing public facilities within all zoning districts such as
water towers, utility structures, fire stations, bridges, and other public buildings
withillllll zelling Elistriets. provided the oublic facilities are not located within
public rights-of-way. '
Approvriate Bbusiness, commercial. and city center zoned sites: StflleftFes er
sites IiseEi fer resellfeh IlIIEI EIE!'lele!mellt, oommereilllllÐEI effiea lisas. A PWSF
mav be located on orivate buildinl!:S or structures within aoorooriate business.
commercial and citY center zoninl!: districts The preferred order of zoning
districts for this category of sites is as follows:
BP--Business Park
~
CP-I--Corporate Park
OP through OP-4-0ffice Park
ORDINANCE NO. 00-363, PAGE 17
lanuæy 4, 2000
CC-C--City Center Core
CC-F--City Center Frame
BC--Community Business
(5)
Appropriate public rights-of-way: For the purooses of this section. aopropriate
public riehts-of-way shall be defined as including those oublic rights-of-way with
functional street classifications of principal arterial tninor arterial and ç¡rincipal
collector. A PWSF mav be located on existine structures in aporopriate public
riehts-of-wav. Structures proposed for location ofPWSFs shall be separated bv at
least 330 linear feet. Within anv residential zone NeilZhhorhood Business (BN)
zone or Professional Office (PO) zone +there shall be no more than one PWSF
located on an existing structure. Existing structures in aoprooriate public rilZhts-
of-wav shall not be eligible for submittal of a use process aoolication for
olacement of a PWSF for one year IÌ"om the date of the completion of construction
or alteration, Location of a PWSF on an existine structure in an aporopriate oublic
rieht-of-wav shall require a rilZht-of-wav permit in addition to the required use
orocess aooTOval
The oreferred order of functional street classifications for this categorv of sites is
as follows:
Princioal Arterial
Minor Arterial
Principal Collector
If the PWSF is prooosed to be located in an a,pprooriate oublic rilZht-of-way and
the surroundine uses or zonine are not the same that portion of the right-of-way
with the most intensive use and/or zoninl!: shall be the preferred location.
If the PWSF is prooosed to be located in an ap,propriate public right-of-way and
surroundine uses or zonine are the same the preferred location shall be that
oortion of the rilZht-of-way with the least adverse visual imoacts
~ If the applicant demonstrates to the city's satisfaction that it is not technically
possible to site in a prioritized location, 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.
--
ORDINANCE NO. 00-363, PAGE 18
lanuæy 4, 2000
Sec. 22-967. Develooment Standards
(d ) De'..elepment standards. The following development standards shall be followed in
the design, siting, and construction of a personal wireless service facility.
fl1
PWSFa shall be sereeAed er eameuflaged tIir-eugi¡ eHlJ!leying the best a'iailaèle
teelmelegy and design, as dete_ined by t.ßß eity, This may be aeeamplished b)
liae af eampatible materiala, leeatiaH, Galer, stealth teeftniEjues Slieh aa, blit not
limited te artifieial trees and hellew flag !elea, anElier ether taetiea to aehieve
minimlim .¡jsibilit) efthe faeility as viened iFem Pliblie streets ar residential
!re!efties.
~a) Buildin~ or structure mounted PWSFs not located in the lJUblic ri~ht of way:
PWSFs ffifIY'be mounted on nenr-esidential existing buildings and structures not located in a
public ril!ht-of-wav shall conform to the followinl! development standards linder the felle'Ning
eenditiena:
(1)
The PWSF shall consist only of the fbllowifill types of facilities:
a,
The PWSF eensists ef a A tnicrocell or a tninor facility;.m:.
b.
A PWSF that exceeds the tninor facilitv thresholds for number of
antennas dimensions and/or area. but creates no more adverse imoacts
than a minor facility as determined bv the director of community
development services subject to meetinl! all of the followinl! standards:
i,
The facility shall not create substantiallv more adverse visual
impact than a minor facility: and
ii.
The eQuipment cabinet for the PWSF shall meet all requirements
ofFWCC 22-967(e)- and.
iii.
The maximum size of the PWSF oanels and number of antennas
shall be determined by the director of community development
services. based on the specific project location. surrounding
environment. and potential visual impacts' and.
iv.
The PWSF shall comoly with all other applicable standards of the
FWCC.
--
è-. ill The combined antennas and supporting structure shaIl-aet may extend mere than
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
existinl! maximum height of the underlying zone as outlined in the Use Zone
ORDINANCE NO. 00-363, PAGE 19
lanuæy 4, 2000
Charts Article XI District Rel!Ulations, Antennas may be mounted to rooftop
appurtenances provided they do not extend beyond 15 feet above the roof proper.
e-. ill 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 and shall, to the greatest extent practical, blend into the existing
environment oursuant to Section 967(d), Panel and parabolic antennas shall be
eemfJletely screened 1Ì"0m residential views and public rights-of-way unless
meeting the provision of section 22-960(b)(2),
(b) PWSFs located on structures within ap,proDriate Dublic rivhts-of-wav. These
facilities shall conform to the followin~ development standards:
ill
The PWSF shall consist onIv of the followimz types offacilities:
a.
The PWSF ooasists sf Ii A microcell or a minor faciIity;..m:.
b,
A PWSF that exceeds the minor facility thresholds for number of
antennas dimensions and/or area. but creates no more adverse imoacts
than a minor facility as determined bv the director of community
development services. subject to meeting: all of the following standards:
i.
The facility shall not create substantiallv more adverse visual
impact than a minor facility' and.
ii,
The equipment cabinet for the PWSF shall meet all reQuirements
ofFWCC 22-967(e) and FWCC 22-967({): and
iii.
The maximum size of the PWSF oanels and number of antennas
shall be determined bv the director of communitv develooment
services based on the specific oroject location. surrounding
environment and potential visual imoacts' and
iv.
The PWSF shall comolv with all other applicable standards of the
FWCC,
(2)
The combined antennas may extend up to but not exceed. 15 feet above the
existinl!: structure. This distance tnaV be increased bv the minimum necessary
additional heiszht to meet the safety clearances required bv the operator of the
existinsz structure. The antenna extension mav be permitted relZardless of whether
the existing structure is in conformance with the maximum heilZht of the
underIvinsz zone as outlined in the Use Zone Charts Article XI District
Rel!:Ulations.
--
ORDINANCE NO. 00-363, PAGE 20
lanuæy 4, 2000
(3)
(4)
(5)
The antennas shall be mounted on the structure such that thev are located and
desi2ned to minimize adverse visual and aesthetic imoacts to surrounding land
uses and structures and shall to the lP"eatest extent practical blend into the
existin2 environment oursuant to Section 967( d).
Structures in approoriate public rights-of-way proposed for location ofPWSFs
shall be seoarated bv at least 330 linear feet.
Required setbacks shall not pertain to PWSFs within public rights ofwavs-. or
eouioment enclosures located undenzround on nrooerties adiacent to the nublic
rÍlzht ofwav Within residential zones eouioment enclosures located above
I!round on nronerties adiacent to the nublic ril!ht ofwav shall meet all annlicable
setback reouirements for residential develooment of the underIviml: zone For
develoned sites in non-residential zones the setback reouirements for the
eQuioment enclosure shall be those of the nrincioal use of the subject nrQoertv
For undeveloned sites in non-residential zones the setback reouirements for the
eouiDment enclosure shall be 20 feet for 1Ì"0nt side and rear vards
~ New iÌ'ee stllBEling PWSFs New free-standin~ PWSFs. These structures shall
conform to the following site development standards:
a{l)
em
ill
e,ffi
Placement of a lÌ"eestanding PWSF shall be denied if placement of the antennas
on an existing structure can meet the applicant's technical and network location
requirements.
Monopoles shall be the only lÌ"ee-standing structures allowed in the city; except
that a lattice tower may be used to accommodate the collocation offour or more
providers as part of a joint permit application.
In no case shall a lÌ"ee-standimz PWSFs be located closer than 500 feet to an
existinl! lÌ"ee-standinl! PWSF whether it is owned or utilized by the applicant or
another provider.
A lÌ"ee-standing PWSF, including the support 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 reqJirements shall be those of the
principal use of the subject oropertv. For undevelooed sites. the setback
reQuirements for new lÌ"ee-standing PWSFs shall be 20 feet for 1Ì"0nt side and
rear vards.
--
d:ill Free-standing PWSFs 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. 00-363, PAGE 21
lanuæy4,2000
e{§)
f{1)
(d)
t!h
Use existing site features to screen as much of the total PWSF as possible
1Ì"0m prevalent views; and/or
~.b,
Use existing site features as a background so that the total PWSF blends
into the background with increased sight distances.
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.
Support structures, antennas, and any associated hardware shall be painted a
nonreflective color or color scheme appropriate to the background against which
the PWSF would be viewed fÌ"om a majority of points within its viewshed. The
Poroposed color or color scheme te shall be approved by the hearing examiner or
community development director lIS &'IpTe!Állte te the pTeeess.
Screeninf{ standards for all PWSFs. PWSFs shall be screened or camouflaged
throu2h emoloyimz the best available technolol!:V and desÌlm. as determined by
the city. This may be accomolished by use of comoatible materials location.
landscapinl!. color. stealth techniQues such as but not limited to. artificial trees
and hollow flail: Doles and/or other methods or techniQues to achieve minimum
visibilitv of the facilitv as viewed fÌ"om Dublic streets or residential proDerties. In
addition. the provisions for landscapinll: as outlined in the Use Zone Charts
Article XI District RelZUlations shall aooly.
~ Standards for electronics eauipment enclosures
a{l) E(I!Ï!mellt eRtJlesares shall he plaeeå IIftdergrellftd if !f8etieahle. The following
shall be the reQuired order ofIocations for prooosed electronic equipment
enclosures for all PWSFs. In prooosing an equipment enclosure in a particular
location. the aoplicant shall analyze the feasibilitv ofIocating the oroposed
eQuipment enclosure in each of the higher prioritv locations and document to the
citv's satisfaction. whva locatinll: the equipment enclosure in each hÌlzher prioritv
location is not beimz oroposed. In reQuestim! a lower priority location for the
eQuipment enclosure the burden of demonstratinll: impracticabilitv shall be on the
applicant In order of preference. the prioritized locations for equipment
enclosures are as follows:
(a)
(b)
Equioment enclosures shall be placed under~ound.
10-
Equioment enclosures shall be olaced in an existing completely enclosed
building.
(c)
Eauipment enclosures shall be olaced above 1ZT0und in an enclosed cabinet
ORDINANCE NO, 00-363, PAGE 22
lanuæy 4, 2000
(3)
(4)
that shall not exceed six feet in heÌlzht and occuov more than 48 square
feet of floor area. includimz areas for maintenance or future expansion,
(d)
Equioment enclosures shall be olaced above szround in a new comoletely
enclosed building,
em
If above ground, sereeniag BfPWSF equipment enclosures shall be ffiWiàeè
screened with one or a combination of the following ßIIItefials methods, which
sereeßißg shall be acceptable to the city: fencing, walls, landscaping, structures,
buildings or topography which will block the view of the equipment enclosure 115
IßtI6h-es to the greatest extent possible 1Ì"0m any street and/or adjacent properties.
as determined by the director of communitv develooment services. Screening may
be located anywhere between the enclosure and the above mentioned viewpoints.
Landscaping for the purposes of screening shall be maintained in a healthy
condition, as determined by the city.
~¡¡eept for eaøipæeæ eøelsSllree iR ptthlie fÌl!hte sf ..8 e eRelsSllree allall "e
IsaMali a1:lteilla sfrs8l1irelleMl!8al[ lIteltS. Eouioment enclosures located
unden!Tound shall be exemot lÌ"om setback reouirements of the underlviml: zone
In residential zones eouioment enclosures located above !!found shall meet all
aoolicable setback reouirements for residential develooment of the underlviml:
zone For develooed sites in non-residential zones the setback reouirements for
the eouioment enclosure shall be those of the orincioal use oftbe subiect OTOoertv
For undevelooed sites in non-residential zones the setback reQuirements for the
eouioment enclosure shall be 20 feet for fÌ'ont side and rear vards
If the equioment cabinet is located within a new comoletely enclosed buildißl! the
buildimz shall conform to all applicable development standards and design
guidelines for the underlving zone. The completely enclosed building shall be
architecturally designed and shall be compatible with existinl!: buildings on the
site, The comoletelv enclosed building shall be screened to the szreatest extent
possible lÌ"om any street and/or adjacent oroperties bv landscaping and/or
tooography.
(0 Additional standards for equipment enclosures for PWSFs located on structures
within approDriate public rif!hts-of-way:
(1)
The following shall be the reouired order of locations for oroposed electronic
equioment enclosures for PWSF located within oublic rights-of-wav In oroposing
an eouioment enclosure in a oarticular location. the lijIoIicant shall analyze the
feasibility ofJocating the proposed eouipment enclosures in each of the hil!:her
priority locations and document to the city's satisfaction. why II locatinl!: the
equipment enclosure in each higher prioritY location is not beinl!: proposed. In
requestinl!: a lower priority location for the equipment enclosure the burden of
ORDINANCE NO. 00-363, PAGE 23
lanuæy 4, 2000
(2)
(3)
demonstrating impracticabilitv shall be on the applicant, In order ofnreference
the prioritized locations for equipment enclosures are as follows:
(a)
Electronic eouiDment enclosures shall not allowed within the rillht-of-wav I
in residential zones Neillhhorhood Business ffiN\ zones or Professional
Office (PO) zones
fat-{b) EQuipment enclosures shall be placed underground on an adjacent
oroperty outside of the public right-of-way,
W (c) EQuipment enclosures shall be placed above ground on an adjacent
oropertv outside of the oublic right-of-way in an existing completely
enclosed building.
fej (d) EQuipment enclosures shall be placed above ground on an adiacent
oroperty outside of the oublic ril!:ht-of-way in an enclosed cabinet that
shall not exceed six feet in height and occuov more than 48 SQuare feet of
floor area. includim! areas for maintenance or future expansion.
H» (e) Equipment enclosures shall be placed above ground on an adjacent
oropertv outside of the public right-of-wav in a new comoletely enclosed
building.
fei (ft EQuipment enclosures shall be olaced underground within the public right-
of-way.
(Ø(I!:)
EQuipment enclosures shall be olaced above ground within the oublic
right-of-wav in an enclosed cabinet that shall not exceed six feet in height
and occuov more than 24 square feet of floor area. including areas for
maintenance or future exoansion.
Eouinment enclosures located underground on nTOnerties adjacent to the nuhlic
right ofwav shall be exemot 1Ì"0m setback reQuirements of the underlvinll zone
In residential zones eouinment enclosures located above ground on nrQnerties
adjacent to the nublic rillht ofwav shall meet all annIicable setback reQuirements
for residential develQnment of the underlvinll zone For develooed sites in non-
residential zones the setback reQuirements for the eauinment enclosure shall be
those of the orincinal use of the subject nronertv For undeveloned sites in non-
residential zones the setback reQuirements for tbe eouioment enclosure shall be
20 feet for 1Ì"0nt. side and rear vards
ORDINANCE NO. 00-363, PAGE 24
lanuæy 4, 2000
(4)
(5)
(6)
(
(
Eauipment enclosures shall be desiened located. and screened to minimize
adverse visual impacts 1Ì"0m the public rieht-of-way and adjacent prooerties.
Eauipment enclosures shall be designed located and screened to minimize
adverse visual and functional impacts on the pedestrian environment,
Equipment enclosures and screening shall not adverselv impact vehicular sight
distance.
&:
Ne wir-eless ellliJmeßt revie.veEi lIBEler this seetieR shall be leeateEi .vithiR
reqlliFeEi bllilEliRg setBllel< arees.
f:S1( g) Security F encinf{,
Se6llÄty feReiRg, ifuseå, shall eanfeffR te the felle>.viøg:
it{l} No fence shall exceed six feet in height as stipulated in section 22-1133(5).
em Security fencing shall be effectively screened ftom view through the use of
appropriate landscaping materials.
e:ill
Chain-link fences shall be painted or coated with a nonreflective color.
~ Cumulative Effects. The city shall consider the cumulative visual effects of
PWSFs mounted on existing structures and/or located on a given permitted site in determining
whether the additional permits eaft !MY be granted so as to not adversely effect the visual
character of the city.
~ ~ No wireless equipment shall be used for the purpose of mounting signs
or message displays of any kind, exceot for siens used for identification and name of
provider.
00(j)
(1)
(2)
Use zone charts, height and permit process.
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,
Article XI, District Regulations.
Allowed heights shall be established relative to appropriate process as outlined in
the Use Zone Charts, Article XI, District Regulations.
--
ORDINANCE NO. 00-363, PAGE 25
lanuæy 4, 2000
(
(
Sec. 22-968. Nonconfonnance.
Permit aoplications made under this section to locate a PWSF on prooertv on which a
nonconformance is located shall be exempt 1Ì"0m the reauirements of Chapter 22 Article N
Nonconformance to bring the oroperty into conformance as follows:
(a) To provide the Dublic imorovements reQuired bv Chaoter 22 Article XVI
Improvements as stioulated in Section 22-336,
(b) To brin@: the prooerty into conformance with the development re~lations
orescribed in Chapter 21 relating to water Quality as stioulated in Section 22-337(a)(7), All other
requirements of Section 22-337 to brinl! the Dropertv into conformance with the develooment
re~lations prescribed in Chapter 21 relatinl! to water Quality shall aoply,
Section 22-969. Temoorarv Personal Wireless Service Facilities.
As determined bv the director of communitv develoDment services a temDorarv Dersonal
wireless service facility. or cell-on- wheels. may be deploved and operated as follows:
(a) For a period of90 davs durinl! the construction of a fTee-standinl! PWSF which
has been approved throulÙ1 the appropriate permit process' provided that the temporarY personal
wireless service facility or cell-on-wheels creates no more adverse imoacts than the PWSF which
was aporoved through the approoriate oermit orocess. Only one temooTlIIY oersonal wireless
service facilitv or cell-on- wheels shall be permitted for a sinl!:le site,
(b) For a oeriod of30 davs durinl!: an emergency declared by the citv state or federal
government that has caused a lÌ"ee-standing PWSF which has been aporoved through the
approoriate oermit process to become involuntarily non-operational' orovided that the temporary
personal wireless service facility or cell-on-wheels creates no more adverse imoacts than the
PWSF which was approved through the approoriate oermit orocess.
(c) Prior to installation of the temoorarv PWSF. the applicant shall provide the city
with a cash bond in an amount to be determined by the director of communitY develooment
services in order tol!Uarantee performance of future removal and restoration of the site
Section 22-970. Aoolication Requirements.
(g) .1pplieati.m Fequi._enf5. (a) Except for Temoorary Personal Wireless Facilities
PJ2ermit applications made under this section shall include the following minimum information
in addition to that required for the underlying permit review process:
(1)
A diagram or map showing the primary viewshed of the proposed facility.
ORDINANCE NO. 00-363, PAGE 26
lanuæy 4, 2000
(6)
(7)
(8)
(
(2)
Photosimulations of the proposed facility from effected properties and public
rights-of-way at varying distances.
(3)
(4)
Architectural elevations of proposed facility and site.
A coverage chart of the proposed PWSF at the requested height and an
explanation of the need for that facility at that heillht and in that location. The
explanation shall include an analysis ofaltemat¡"'e sites lHIå wit) the relltlesteå
site is pFe¥effeEi e'¡er ether pessihle leeatiens the feasibility oflocatinl!: the
oroposed PWSF in each of the hig:her orioritv locations as identified in Section
22-966( dt and documentation of why locating the PWSF in each higher priority
location and/or zone is not being: prooosed,
(5)
An inventory of other PWSF sites operated by the applicant or other providers
that life either in the eity er within ~one mile efits herders radius of the oroposed
PWSF locatio!!, including specific information about location, height, and design
of each facility.
A site/landscaping plan showing the specific placement of the PWSF 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 PWSF
components.
If the PWSF electronic equipment cabinet is proposed to be located above ground
regardless of the proposed location. whether on orivate or public propertY or
within public rig:ht ofwav an exolanation of why it is imoracticable to locate the
cabinet undergrouund,
If the equipment cabinet is orOPOSed to be located in a public right-of-wav an
exolanation ofwhv it is impracticable to locate the eQuipment cabinet on adjacent
property outside the public right-of-way. If the PWSF is located on an existinlZ
structure in an annrooriate nuhlic rilZht of wav a coov of all annlicable easements
for olacement and maintenance of the eouinment enclosure on an adjacent
nronertv outside of the nublic rilZht ofwav
fIX2) Documentation of efforts to collocate on existing facilities.
~ Other information as deemed necessary by the community development director.
(b) Permit aoolications for Temoorary Personal Wireless Service Facilities shall
include the followinlZ minimum information:
(I)
Documentation of previouslv permitted facility
ORDINANCE NO. 00-363, PAGE 27
lanuæy 4, 2000
(
(2)
Site plan showiml: proposed location of temporary facilitv in relationship to the
location of the previouslv permitted facilitv and oropertv boundaries including
dimensions tram the oroperty lines and heÌlzht oforoposed facility.
(3)
Photo~ohs of the prooosed facility,
Section 22-971. Collocation.
(h)Celle8atÙm.
fBúú A permittee shall cooperate with other PWSF providers in collocating additional
antenna on support structures and/or on existing buildings and sites provided said proposed
collocatees have received a permit for such use at said site 1Ì"0m 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.
~ A signed statement indicating that the applicant agrees to allow for the potential
collocation of additional PWSF equipment by other providers on the applicant's structure or
within the same site location shall be subtnitted 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.
(c) Collocation reouirements shall not annlv to PWSFs located on existimr structures I
in aooronriate nublic rilZhts-of-wav within residential zones NeilZhborhood Business ffim zones
and Professional Office (PO) zones
Section 22-972. EMF Standards and Inteñerence.
(i) EUF sIllnlImds æ¡¡J iRterjeFenee.
fBúú The applicant shall comply with federal standards for EMF emissions. Within six
months after the issuance of its operational permit, the applicant shall subtnit a project
implementation report which provides cumulative field measurements of radio lÌ"equency (EMF)
power densities of all antennas installed at the subject site. The report shall quantifY the EMF
emissions. aaå compare the results with established federal standards. and provide a statement
that the EMF emissions are within established federal standards. Said report shall be subject to
review and approval of the city for consistency with the project proposal report and the adopted
federal standards. If on review, the city finds that the PWSF does not meet federal standards, the
-
ORDINANCE NO. 00-363, PAGE 28
lanuæy 4, 2000
(
(
city may revoke or modify the permit. The applicant shall be given a reasonable time based on
the nature of the problem to comply with the federal standards, If the permit is revoked, then the
facility shall be removed,
~ The applicant shall ensure that the PWSF will not cause localized interference
with the reception of area television or radio broadcasts or the functioning of other electronic
devices, If on review of a registered complaint the city finds that the PWSF interferes with such
reception, the city may revoke or modify the permit. The applicant shall be given a reasonable
time based on the nature of the problem to correct the interference. If the permit is revoked, then
the facility shall be removed,
Section 22-973. Removal ofFacilitv.
ijj Facility l'em8~'al.
fl1@) Abandonment and removal. The owner or operator of a PWSF shall provide the
citv with a 'copy of the notice of intent to cease operations reouired bv the FCC at the time it is
submitted to the FCC. Additionally +!he owner or öperator of a PWSF shall notifY the city in
writing Iipoo ill the EliseeatiffileEilioe abandonment of a particular facility within 30 davs of the
date the PWSF is abandoned, The abandoned PWSF shall be removed by the facility owner
within 90 days of the date the site's lise is Eliseentiooed PWSF is abandoned, it eeases te be
opeffttieaal, 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 which could result in adverse safety or visual impacts. If there are two or more
users of a simde tower then the citv's rilZht to remove the tower shall not become effective until
all users abandon the tower,
(b) Partial abandonment and removal. If the abandoned antennas on anv PWSF are
removed or relocated to a ooint where the top 20 oercent or more of the height of the supoorting
structure is no longer in use. the PWSF shall be considered partiallv abandoned. The owner or
ooerator of anv oartiallv abandoned PSWF shall notifY the citv in writinlZ of the partial
abandonment of a particular facility within 30 days of the date the PWSF is partially abandoned.
The owner of the PWSF shall have 120 davs lÌ"om the date ofoartial abandonment to collocate
another service on the PWSF. Ifanother service provider is not added to the PWSF within the
allowed 120 dav collocation period the owner shall in 210 davs of partial abandonment
dismantle and remove that oortion of the suoporting structure which exceeds the point at which
the highest ooerational antenna is mounted,
~c) Removal and lien. If the provider fails to remove the abandoned or oartially
abandoned facility upon 9G 210 days of its EliseeatÏRlieEllise abandonment or partial
abandonment, the responsibility for removal falls upon the property owner on which the
abandoned or partiaIlv abandoned facility hes-beeft ~ located. If the pfepeRy ewfter fails te
Felfteve the faeility withia 39 days efaetifieatiea by the eity, the eity er its ageøt æay eater upea
the subjeet pFe!eFty aaE! salise the fileility te be felfte"lOO at the !f~peRy e'.Yftef'S e!E'IeRse. The
ORDINANCE NO. 00-363, PAGE 29
lanuæy 4, 2000
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city shall tIleR seRd te the IlrelleR}' a,...'fter a ,erified statemeRt af the east af e¡fpeR3es. The
prapeFty e':lRer shall be liable for the paylfleRt Elf Slieh eests and e¡fpeRses. IR tke eveRt tke
prepelty avlRer fails ta pay tke Basts and e¡EpeR3es, the city lfIay file a lieR agaiRst tke prepefty
aWRer's real prapefty in the amaltRt af Slieh Bests III1d eJflenoes aRd re6erd slteh lien with the
!(jRg CaltRty ReGards Offiee. The citv mav enforce this paragraph usinlZ the orocedures as set
forth in FWCC Article 3. Section 1-14.
Section 22-974. Permit Limitations.
W Permit limitations.
EBW A permit for a PWSF shall expire ten years after the effective date of the permit
approval, unless earlier revoked by the city. A permittee wishing to continue the use of a specific
PWSF at the end of the ten-year period must apply for an application to continue that use at least
six months prior to its expiration. The renewal application shall comply with all applicable laws
and regulations dictating new permit issuance. In ruling on said renewal the city shall consider
all then existing regulations effecting the application that are appropriate to the technology and
use. -
~)(b) Five years after the date efthe city's appra'/al effective date of the land use
process approval of a PWSF. the permittee or assignee shall submit a written statement
summarizing its current use and plans, if any, for that facility/site for the next five years to the
best of their knowledge.
~ Consistent with the orovisions of Section 22-408 Â1!n approved permit for a
PWSF shall be valid for one year 1Ì"0m the date afthe city's appr-evel effective date of the use
process aooroval, with opportunity for a one-year extension. If ReHJseà a buildinlZ permit
aoolication is not received within one year of the effective date of the use process aoproval, or
within the extension period, the ~ use process aoproval shall become null and void.
Section 22-975, Revocation of Permit.
~ ReY6eatiŒl sf peFmit. A permit issued under this article may be revoked, suspended or
denied for anyone or more of the following reasons:
EBW Failure to comply with any federal, state or local laws or regulations;
@) Failure to comply with any of the terms and conditions imposed by the city on the
issuance of a permit;
--
~ When the permit was procured by lÌ"aud, false representation, or omission of
material facts;
ORDINANCE NO. 00-363, PAGE 30
lanuæy 4, 2000
(
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(4j@) Failure to cooperate with other PWSF providers in collocation efforts as required
by this article;
~ Failure to comply with federal standards for EMF emissions; and
fé1(û Failure to remedy localized interference with the reception of area television or
radio broadcasts or the functioning of other electronic devices,
~ Pursuant to Section 22- 7( c). the city as the aoplicant shall use the same orocess
to determine if the permit shall be revoked as it used to grant the permit.
Section 15. Section 22-1473 of the Federal Way City Code is hereby amended to read as
follows:
Sec. 22-1473. When public improvements must be installed.
(a) The applicant shall provide the improvements required by this article if the
applicant engages in any activity which requires a development permit, except for the following:
(I)
The applicant need not comply with the provisions of this article if the proposed
improvements in any 12-mo/lth period do not exceed 25 percent of the assessed or
appraised value (based on an MAl appraisal provided by the applicant) of all
structures on the subject property, whichever is greater.
(2)
The applicant need not comply with the provisions of this article if, within the
immediately preceding four years, public improvements were installed as part of
any subdivision or discretionary land use approval under this or any prior zoning
code.
(3)
The applicant need not comply with the provisions of this article if the oroPosal is
to locate a Personal Wireless Services Facility <J>WSF) on the subiect property.
(b) Right-of-way adjacent to and within subdivision and short subdivisions must be
dedicated and improved consistent with the requirements of this article, unless different
requirements are imposed by the city as part of the subdivision or short subdivision approval.
Section 16. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity or unconstitutionality of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance or the invalidity of the application thereof to any person or
ORDINANCE NO. 00-363, PAGE 31
lanuæy 4, 2000
(
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circumstance, shall not effect the validity of the remainder of the ordinance, or the validity of its
application to other persons or circumstances,
Section 17, Effective Date, This ordinance shall take effect and be in force five (5) days
after its passage, approval, and publication, as provided by law,
PASSED by the City Council of the City of Federal Way at a regular meeting of the City
Council on the ~ day of
January
.-t999: 2000.
APPROVED:
~~R/~
ATTEST:
>za ,- );t~4,
N, CHRIST GREEN, CIT CLERK
APPROVED AS TO FORM:
~ C'_-~ ~,
LONDI K. LINDELL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
K:\cdlpwsf.doc
11/10/99
01/04/00
01/08/00
01/13/00
UU-,jb,j
-
ORDINANCE NO. 00-363, PAGE 32
lanuæy 4, 2000