HomeMy WebLinkAboutOrd 2660 - TMC Chapter 18.58 - Small Wireless Facilities Permitting Regulations and Aesthetic and Design StandardsCover page to Ordinance2660
The full text of the ordinance follows this cover page.
Ordinance2660 was amended or repealedby the following ordinances.
AMENDEDREPEALED
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326-12, 24-322741
2678
CI*ty f TullOW1*1a
Washington
Ordinance N0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, REPEALING ORDINANCE NO. 2652, AS CODIFIED AT
TUKWILA MUNICIPAL CODE (TMC) CHAPTER 23.04, "SMALL
WIRELESS COMMUNICATION FACILITIES"; REPEALING ORDINANCE
NO. 2498, AS CODIFIED IN TMC CHAPTERS 18.06 AND 18.58;
REPEALING ORDINANCE NO. 2251 §71 AND §72, AS CODIFIED IN
TMC CHAPTER 18.58, "WIRELESS COMMUNICATION FACILITIES";
REPEALING ORDINANCE NO. 2135 §2 (PART), AS CODIFIED IN
MULTIPLE SECTIONS OF TMC CHAPTER 18.06, `DEFINITIONS";
AMENDING ORDINANCE NO. 2251 §68, §69, AND §70, AS CODIFIED IN
TMC CHAPTER 18.58; AMENDING ORDINANCE NO. 2135 §1 (PART),
AS CODIFIED IN MULTIPLE SECTIONS OF TMC CHAPTER 18.58;
AUTHORIZING AND ESTABLISHING PERMITTING REGULATIONS
AND AESTHETIC AND DESIGN STANDARDS FOR THE DEPLOYMENT
OF SMALL WIRELESS FACILITIES; ADOPTING SUPPORTIVE
FINDINGS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
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; and
WHEREAS, the Federal Communications Commission ("FCC") has issued rules and
regulations that limit local government's ability to regulate the deployment of small
wireless facilities, but which allow local governments to adopt regulations affecting the
aesthetics and design standards for small wireless facilities; and
WHEREAS, the FCC allows the City of Tukwila ("City") to adopt aesthetic standards
for deployment of small wireless facilities that will require utilization of a consolidated
process emphasizing administrative review in order to comply with federal safe harbors
or presumptively reasonable time limits for review; and
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WHEREAS, Chapter 23.04 of the Tukwila Municipal Code ("TMC") was added to
TMC Title 23 pursuant to Ordinance No. 2652 and established initial regulations related
to wireless facilities; and
WHEREAS, the City has evaluated its existing wireless facilities regulations in
Chapter 18.58 of the TMC and determined that changes are needed to address
compliance with FCC regulations; and
WHEREAS, the City desires to update the existing TMC Chapter 18.58 with new
regulations 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;
(4) sets forth the application and approval process for small wireless facilities; and (5)
updates 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 SEPA
Determination of Non -Significance for this non -project action on August 5, 2021; 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 Tukwila Planning
Commission for review, discussion, and consideration. Upon timely notice, a public
hearing was held before the Planning Commission on August 26, 2021, and subsequently
the Planning Commission issued a recommendation that the City Council adopt the
regulations as presented herein; and
WHEREAS, the City Council held a public hearing on September 27, 2021, to review
the Planning Commission recommended draft ordinance; and
WHEREAS, based on careful consideration of the facts and law, including without
limitation the public testimony received, the Planning Commission's recommendation
dated August 26, 2021, the Staff Report dated September 7, 2021, and records and files
with the office of the Department of Community Development, the Tukwila 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 TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Purpose. The purpose of this ordinance is to establish permitting and
aesthetic requirements and revisions for wireless communication facilities to be codified
in the Tukwila Municipal Code in response to the enactment of new regulations by the
FCC.
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Section 2. Findings of Fact. The Tukwila City Council hereby adopts and
incorporates the recitals set forth above as Findings of Fact justifying the development
regulations adopted by this ordinance.
Section 3. Repealer. Ordinance Nos. 2652 and 2498 are hereby repealed.
Section 4. Repealer. Ordinance No. 2251 §71 and §72, as codified in TMC Chapter
18.58, "Wireless Communication Facilities." is hereby repealed.
Section 5. Repealer. Ordinance No. 2135 §2 (part), as codified in the following
sections of TMC Chapter 18.06, "Definitions." is hereby repealed.
TMC Section 18.06.039, "Ancillary Wireless Communication Facilities"
TMC Section 18.06.040, "Ancillary Wireless Communication Facility"
TMC Section 18.06.041, "Antenna(s)"
TMC Section 18.06.042, "Antenna(s) Array"
TMC Section 18.06.043, "Antennas(s), Flush Mounted"
TMC Section 18.06.659, "Public Safety Communications Equipment"
TMC Section 18.06.773, "Significant Gap in Service, Wireless Communications"
TMC Section 18.06.823, "Tower, Electrical Transmission"
TMC Section 18.06.824, "Tower, Guy"
TMC Section 18.06.825, "Tower, Lattice"
TMC Section 18.06.826, "Tower, Monopole"
TMC Section 18.06.827, "Tower, Wireless Communication Facility"
TMC Section 18.06.828, "Tower Mounted Facilities"
TMC Section 18.06.902, "Utility Pole"
TMC Section 18.06.936, "Wireless Communication Facility"
TMC Section 18.06.937, "Wireless Communication Facility, Building Mounted"
TMC Section 18.06.938, "Wireless Communication Facility, Concealed Facility"
TMC Section 18.06.939, "Wireless Communication Facility Equipment Enclosure"
TMC Section 18.06.940, "Wireless Communication Facility Equipment Compound"
TMC Section 18.06.941, "Wireless Communication Facility, Feed Lines or Coaxial
Cables"
TMC Section 18.06.943, "Wireless Telecommunication Carrier"
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Section 6. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.010,
"Purpose," is hereby amended to read as follows:
18.58.010 Purpose
A. The purpose of this Chapter, in addition to implementing the general purposes of
the Comprehensive Plan and development regulations, is to regulate the 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 the competitive wireless telecommunications marketplace in the City.
The purpose of this Chapter will be achieved through adherence to the following
objectives:
1. Establish clear and nondiscriminatory local regulations concerning
telecommunications providers and services that are consistent with Federal and State
laws and regulations pertaining to telecommunications providers;
2. Protect residential areas and land uses from potential adverse impacts that
wireless communication facilities might create, including but not limited to impacts on
aesthetics, environmentally sensitive areas, historically significant locations, and flight
corridors;
3. Minimize potential adverse visual, aesthetic, and safety impacts of wireless
communication facilities;
4. Establish objective standards for the placement of wireless communications
facilities;
5. Ensure that such standards allow competition and do not unreasonably
discriminate among providers of functionally equivalent services;
6. Encourage the location or attachment of multiple facilities within or on
existing structures to help minimize the total number and impact of such facilities
throughout the community;
7. Require cooperation between competitors and, as a primary option, joint use
of new and existing towers, tower sites and suitable structures to the greatest extent
possible, in order to reduce cumulative negative impact upon the City;
8. Encourage wireless communication facilities to be configured in a way that
minimizes the adverse visual impact of the wireless communication facilities, as viewed
from different vantage points, through careful design, landscape screening, minimal
impact siting options and camouflaging techniques, and through assessment of the
carrier's service objective, current location options, siting, future available locations, and
innovative siting techniques,
9. Enhance the ability of the wireless communications facility providers to
provide such services to the community quickly, effectively and efficiently;
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10. Provide for the removal of wireless communication facilities that are
abandoned or no longer inspected for safety concerns and Building Code compliance,
and provide a mechanism for the City to cause these abandoned wireless communication
facilities to be removed, to protect the citizens from imminent harm and danger.
B. In furtherance of these objectives, the City shall give due consideration to the
Comprehensive Land Use Plan, zoning code, existing land uses, and environmentally
sensitive areas in approving sites for the location of communication towers and antennas.
C. These objectives were developed to protect the public health, safety and welfare,
to protect property values, and to minimize visual impact, while furthering the
development of enhanced telecommunication services in the City. The provisions of this
Chapter are not intended to and shall not be interpreted to prohibit or to have the effect
of prohibiting personal wireless services. This Chapter shall not be applied in such a
manner as to unreasonably discriminate between providers of functionally equivalent
personal wireless services or to prohibit or have the effect of prohibiting wireless service
within the City.
D. To the extent that any provision of this Chapter is inconsistent or conflicts with
any other City ordinance, this Chapter shall control. Otherwise, this Chapter shall be
construed consistently with the other provisions and regulations of the City.
Section 7. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.020,
"Authority and Application," is hereby amended to read as follows:
18.58.020 Authority and Application
The provisions of this Chapter shall apply to the placement, construction or
modification of all wireless communication facilities, except as specifically exempted in
TMC Section 18.58.030. Any person who desires to locate a wireless communication
facility inside or outside the right-of-way, which is not specifically exempted by TMC
Section 18.58.030, shall comply with the applicable application permitting requirements,
and design and aesthetic regulations described in this Chapter. In addition, applicants
for wireless communication facilities inside the City's right-of-way must also obtain a
franchise pursuant to TMC Chapter 11.32.
Section 8. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.030,
"Exemptions" is hereby amended to read as follows:
18.58.030 Exemptions
The provisions of this Chapter shall not apply to the following:
1. Routine maintenance and repair of wireless communication facilities
(excluding structural work or changes in height or dimensions of support structures or
buildings); provided that the wireless communication facilities received approval from the
City for the original placement and construction and provided further that compliance with
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the standards of this code is maintained and right -of -use permit obtained if the wireless
communication facility is located in the right-of-way.
2. Changing or adding additional antennas within a previously permitted
concealed building -mounted installation is exempt provided there is no visible change
from the outside.
3. Bird exclusionary devices.
4. Additional ground equipment placed within an approved equipment
enclosure, provided the height of the equipment does not extend above the screening
fence.
5. An antenna that is designed to receive or send direct broadcast satellite
service and/or broadband signals, or other means for providing internet service including
direct -to -home satellite services, and that is 1 meter or less in diameter or diagonal
measurement, and when the antenna is attached to the residence or business that is
utilizing the service.
6. An antenna that is designed to receive video programming services via
multipoint distribution services, including multi -channel multipoint distribution services,
instructional television fixed services, and local multipoint distribution services, and that
is 1 meter or less in diameter or diagonal measurement.
7. An antenna that is designed to receive television broadcast signals.
8. Antennas for the receiving and sending of amateur radio devices or ham
radios, provided that the antennas meet the height requirements of the applicable zoning
district, and are owned and operated by a Federally -licensed amateur radio station
operator or are used exclusively for receive -only antennas and provided further that
compliance with the standards of this code is maintained.
9. Emergency communications equipment during a declared public
emergency, when the equipment is owned and operated by an appropriate public entity.
10. Any wireless communication facility that is owned and operated by a
government entity, for public safety radio systems, ham radio and business radio
systems.
11. Antennas and related equipment no more than 3 feet in height that are being
stored or displayed for sale.
12. Radar systems for military and civilian communication and navigation.
13. 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.
14. Eligible facilities requests. See TMC Section 18.58.090.
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Section 9. Regulations Established. A new TMC Section 18.58.040 is hereby
established to read as follows:
18.58.040 Definitions
For the purposes of this Chapter, the following terms shall have the meaning ascribed
to them below.
1. "Antenna(s)" in the context of small wireless 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 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.
2. "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.
3. "Applicant" means any person submitting an application for a wireless
communication facility permit pursuant to this Chapter.
4. "Colocation" means:
a. Mounting or installing an antenna facility on a preexisting structure;
and/or
b. Modifying a structure for the purpose of mounting or installing an
antenna facility on that structure.
5. "Director" means the Department of Community Development Director or
designee.
6. "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.
7. "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.
8. "Macro Facility" means a large wireless communication facility that
provides radio frequency coverage for wireless services. Generally, macro facility
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. Macro
wireless communication facilities (WCF) typically contain antennas that are greater than
three cubic feet per antenna and typically cover large geographic areas with relatively
high capacity and may be capable of hosting multiple wireless service providers. Macro
facilities include but are not limited to monopoles, lattice towers, macro cells, roof -
mounted and panel antennas, and other similar facilities.
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9. "Permittee" means a person who has applied for and received a wireless
communication facility permit pursuant to this Chapter.
10. "Personal wireless services" means commercial mobile services,
unlicensed wireless services, and common carrier wireless exchange access services.
11. "Person" includes corporations, companies, associations, joint stock
companies, firms, partnerships, limited liability companies, other entities, and individuals.
12. "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
communication facilities.
13. "Small wireless facility" shall be defined as provided in 47 CFR 1.6002(l).
14. "Stealth Technique" means stealth techniques specifically designated as
such at the time of the original approval of the wireless communication facility for the
purposes of rendering the appearance of the wireless communication facility as
something fundamentally different than a wireless communication facility including, but
not limited to, the use of nonreflective materials, appropriate colors, and/or a concealment
canister.
15. "Structure" means a pole, tower, base station, or other building, whether or
not it has an existing antenna equipment, that is used or to be used for the provision of
personal wireless service (on its own or commingled with other types of services).
16. "Telecommunications service" shall be defined in accord with RCW
35.99.010(7).
17. "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.
18. "Traffic signal pole" means any structure designed and used primarily for
support of traffic signal displays and equipment, whether for vehicular or nonmotorized
users.
19. "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.
20. "Unified enclosure" means a small wireless facility providing concealment
of antennas and equipment within a single enclosure.
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21. "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.
22. "Wireless communication facilities" or "WCF" means facilities used for
personal wireless services.
23. "Wireline" means services provided using a physically tangible means of
transmission including, without limitation, wire or cable, and the apparatus used for such
transmission.
Section 10. TMC Section 18.58.040 Amended and Recodified to TMC 18.58.050.
Ordinance Nos. 2251 §68 and 2135 §1 (part), as codified at TMC Section 18.58.040,
"Permits Required," are hereby amended to recodify this section as TMC Section
18.58.050, which shall read as follows:
18.58.050 General Provisions
A. No person may place, construct or modify a wireless communication facility
subject to this Chapter without first having in place a permit issued in accordance with
this Chapter. Except as otherwise provided herein, the requirements of TMC Chapters
18.100, 18.104 and 18.108 do not apply to this TMC Chapter 18.58.
B. Macro facilities, as defined in TMC Section 18.58.040, are allowed in zones
consistent with TMC Section 18.58.060.F and require a macro facility permit pursuant to
TMC Section 18.58.020.
C. Small wireless facilities, as defined in TMC Section 18.58.040, are permitted
uses throughout the City but still require a small wireless facility permit pursuant to TMC
Section 18.58.020. Small wireless facilities located within the City's rights-of-way require
a valid franchise.
D. No provision of this Chapter shall be interpreted to allow the installation of a
wireless communication facility to reduce the minimum parking or landscaping on a site.
E. Applicants use various methodologies and analyses, including geographically -
based computer software, to determine the specific technical parameters of the services
to be provided utilizing the proposed wireless communication facilities, such as expected
coverage area, antenna configuration, capacity, and topographic constraints that affect
signal paths. In certain instances, a third party expert may be needed to review the
engineering and technical data submitted by an applicant for a permit. The City may at
its discretion require an engineering and technical review as part of a permitting process.
The reasonable costs actually incurred by the City for such technical review shall be borne
by the applicant, provided that the City provides to the applicant an itemized accounting
of the costs actually charged by said third party reviewer and incurred by the City.
F. Appeals. Appeals related to wireless communication facilities shall be filed in
King County Superior Court or in a court of competent jurisdiction.
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G. Permit Revocation — Suspension — Denial. 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 the terms and conditions imposed by the City on the
issuance of a permit.
3. When the permit was procured by fraud, false representation, or omission of
material facts.
4. Failure to comply with federal standards for RF emissions.
Section 11. TMC Section 18.58.050 Amended and Recodified to TMC 18.58.060.
Ordinance Nos. 2251 §69 and 2135 §1 (part), as codified at TMC Section 18.58.050,
"Types of Permits — Priority — Restrictions," are hereby amended to recodify this section
as TMC Section 18.58.060, which shall read as follows:
18.58.060 Macro Facilities
In order to manage the City in a thoughtful manner that balances the need to
accommodate new and evolving technologies with the preservation of the natural and
aesthetic environment of the City, the City of Tukwila has adopted this administrative
process for the deployment of macro facilities. Applicants are encouraged and expected
to provide all related applications listed in TMC Section 18.58.060.A for each facility in
one submittal unless they have already obtained a franchise or lease.
A. Required applications. The Director is authorized to establish application forms
to gather the information required by City ordinances from applicants.
1. 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, a franchise consistent with TMC
Chapter 11.32. An applicant with a franchise for the deployment of macro facilities in the
City may apply directly for a macro facility permit and related approvals.
2. Macro Facility Permits. The applicant shall submit a macro facility permit
application as required by TMC Section 18.58.020. Prior to the issuance of a macro
facility permit, the applicant shall pay a permit fee in an amount in accordance with the
fee schedule adopted by resolution of the City Council, or the actual costs incurred by the
City in reviewing such permit application.
3. Associated Permit(s) and Checklist(s). The applicant shall attach all
associated required permit applications including, but not limited to, applications required
under TMC Chapter 11.08, and applications or check lists required under the City's Critical
Areas, Shoreline or SEPA ordinances.
4. Leases. An applicant who desires to place a macro facility on City property
outside the right-of-way or attach a macro facility to any structure owned by the City shall
include an application for a lease as a component of its application. Leases for the use of
public property, structures, or facilities shall be submitted to the City Council for approval.
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B. Macro facility application requirements.
1. A pre -application meeting is encouraged prior to submitting an application
for a macro facility permit.
2. The following information shall be provided by all applicants for a macro
facility permit:
a. The name, address, phone number and authorized signature on behalf
of the applicant.
b. If the proposed site is not owned by the City, the name, address and
phone number of the owner and a signed document or lease confirming that the applicant
has the owner's permission to apply for permits to construct the macro facility.
c. A statement identifying the nature and operation of the macro facility.
d. A vicinity sketch showing the relationship of the proposed use to existing
streets, structures and surrounding land uses, and the location of any nearby bodies of
water, wetlands, critical areas or other significant natural or manmade features.
e. Construction drawings as well as a plan of the proposed use showing
proposed streets, structures, land uses, open spaces, parking areas, fencing, pedestrian
paths and trails, buffers, and landscaping, along with text identifying the proposed use(s)
of each structure or area included on the plan.
f. Photo simulations of the proposed macro facility from public rights-of-
way, public properties and affected residentially zoned properties. Photo simulations
must include all cable, conduit and/or ground -mounted equipment necessary for and
intended for use in the deployment regardless of whether the additional facilities are to
be constructed by a third party.
g. A sworn affidavit signed by an RF engineer with knowledge of the
proposed project affirming that the macro facility will be compliant with all FCC and other
governmental regulations in connection with human exposure to radio frequency
emissions for every frequency at which the facility will operate. If facilities that generate
RF radiation necessary to the macro facility are to be provided by a third party, then the
permit shall be conditioned on an RF certification showing the cumulative impact of the
RF emissions on the entire installation.
h. Information necessary to demonstrate the applicant's compliance with
FCC rules, regulations and requirements that are applicable to the proposed macro
facility.
i. If not proposing a collocation, then documentation showing that the
applicant has made a reasonable attempt to find a collocation site acceptable to
engineering standards and that collocating was not technically feasible, or that it was not
financially feasible based on commercially reasonable efforts, or that it posed a physical
problem.
j. Information sufficient to establish compliance with TMC Sections
18.58.060.F and TMC 18.58.060.G.
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k. If proposing a new monopole/tower, information sufficient to establish
compliance with TMC Section 18.58.070.13.
I. Such additional information as deemed necessary by the Director for
proper review of the application, and which is sufficient to enable the Director to make a
fully informed decision pursuant to the requirements of this Chapter.
C. Macro facility permit review procedures.
1. Completeness. An application for a macro facility is not complete until the
applicant has submitted all the applicable items required by TMC Section 18.58.060.6
and to the extent relevant, has submitted all the applicable items in TMC Section
18.58.060.A and the City has confirmed that the application is complete.
2. Public Notice. The City shall provide notice of a complete application for a
macro facility 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 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.
3. Review. The Director shall review the application for conformance with the
application requirements in this Chapter and specifically the review criteria in TMC
Section 18.58.060.D to determine whether the application is consistent with this Chapter.
4. Decision. The Director shall issue a decision in writing. The Director may
grant a permit, grant the permit with conditions pursuant to this chapter and the code, or
deny the permit.
a. Any condition reasonably required to enable the proposed use to meet
the standards of this chapter and code may be imposed.
b. If no reasonable condition(s) can be imposed that ensure the application
meets such requirements, the application shall be denied.
c. The Director's decision is final.
D. Macro facility review criteria.
1. No application for a macro facility may be approved unless all of the following
criteria, as applicable, are satisfied:
a. The proposed use will be served by adequate public facilities including
roads, and fire protection.
b. The proposed use will not be materially detrimental to uses or property
in the immediate vicinity of the subject property and will not materially disturb persons in
the use and enjoyment of their property.
c. The proposed use will not be materially detrimental to the public health,
safety and welfare.
d. The proposed use complies with this Chapter and all other applicable
provisions of this code.
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2. The Director shall review the application for conformance with the following
criteria:
a. Compliance with prioritized locations pursuant to TMC Section
18.58.060.F.
b. Compliance with development standards pursuant to TMC Section
18.58.060.G.
E. Macro facility permit requirements.
1. The permittee shall comply with all of the requirements within the macro
facility permit.
2. The permittee shall allow collocation of proposed macro facilities on the
permittees' site, unless the permittee demonstrates that collocation will impair the
technical operation of the existing macro facilities to a substantial degree.
3. The permittee shall notify the City of any sale, transfer, assignment of a
macro facility within 60 days of such event.
4. All installations of macro facilities shall comply with any governing
construction or electrical code including the National Electrical Safety Code, the National
Electric Code or state electrical code, as applicable.
5. A macro facility permit issued under this chapter must be substantially
implemented within 24 months from the date of final approval or the permit shall expire.
The permittee may request one extension to be limited to 12 months, if the applicant
cannot construct the macro facility within the original 24 -month period.
6. Site safety and maintenance. The permittee shall maintain the macro
facilities in safe and working condition. The permittee shall be responsible for the removal
of any graffiti or other vandalism and shall keep the site neat and orderly including, but
not limited to, following any maintenance or modifications on the site.
F. Macro facility location hierarchy. Macro facilities shall be located in the
following prioritized order of preference:
1. Collocated on existing macro facility(ies) or another existing public
facility/utility facility (i.e., an existing or replacement utility pole or an existing monopole/
tower).
2. Collocated on existing buildings and structures located in nonresidential
zones.
3. Collocated on existing building and structures in residential zones not used
for single-family residential uses (e.g. religious facility or public facility, or multi -family
building).
4. New monopole/tower proposed in an industrial, commercial, or business
zone district, where the sole purpose is for wireless communication facilities; provided
that approval for new monopole/tower is given pursuant to TMC Section 18.58.070. Said
monopole/tower shall be the minimum height necessary to serve the target area but in no
event may it exceed the height requirements of the underlying zoning district by more
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than 10 feet; however, the monopole/tower shall be designed to allow extensions to
accommodate the future collocation of additional antennas and support equipment.
Further, the monopole/tower shall comply with the setback requirements of the
commercial or business zone districts, as applicable. In no case shall the monopole/tower
be of a height that requires illumination by the Federal Aviation Administration (FAA).
5. New monopole/tower proposed in a residential zone district, where the sole
purpose is for wireless communications, but only if the applicant can establish that the
monopole/tower cannot be collocated on an existing facility or structure and receives
approval pursuant to TMC Section 18.58.070. Further, the proposed monopole/tower
shall be no higher than the minimum height necessary to serve the target area but in no
event may it exceed the height requirements of the underlying zoning district by more
than 10 feet; however, the structure shall be designed to allow extensions to
accommodate the future collocation of additional antennas and support equipment. In no
case shall the antenna be of a height that requires illumination by the FAA.
G. Macro facility design and concealment standards. All macro facilities shall
be constructed or installed according to the following standards:
1. Macro facilities must comply with applicable FCC, Federal Aviation
Administration (FAA), state, and City regulations and standards.
2. Antennas shall be located, mounted and designed so that visual and
aesthetic impacts upon surrounding land uses and structures are minimized, and so they
blend into the existing environment.
3. Macro facilities must be screened or camouflaged employing the best
available techniques, such as compatible materials, non -glare paint, location, color,
artificial trees and hollow flagpoles, and other tactics to minimize visibility of the facility
from public streets and residential properties.
a. Macro facilities shall be designed and placed or installed on a site in a
manner that takes maximum advantage of existing trees, mature vegetation, and
structures by:
(1) Using existing site features to screen the macro facility from
residential properties and the right-of-way; and
(2) Using existing or new site features as a background in a way that
helps the macro facility blend into the background.
b. As a condition of permit approval, the City may require the applicant to
supplement existing trees and mature vegetation within its screened area to screen the
facility.
c. A macro facility shall be painted either in a nonreflective color or in a
color scheme appropriate to the background against which the macro facility would be
viewed from a majority of points within its viewshed, and in either case the color must be
approved by the City as part of permit approval.
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d. Macro facilities may be subject to additional screening requirements by
the Director to mitigate visual impacts to adjoining properties or public right-of-way as
determined by site-specific conditions.
4. If proposing to locate on a building, the macro facility shall meet the height
requirements of the underlying zoning category; provided the macro facility may exceed
the height requirements by 10 feet so long as the macro facility is shrouded or screened.
5. If proposing to locate on a replacement utility pole, the height of the
replacement pole shall not exceed 15 feet taller than the existing pole and may not be
greater than 50 feet tall in residential zones unless the applicant demonstrates in writing
that an additional height increase is required for vertical clearance separation and it is the
minimum extension possible to provide sufficient separation. Within all other zones, the
height of the replacement utility pole shall not exceed 10 feet taller than the height
requirements of the underlying zone.
6. The use of a utility pole for siting of a macro facility shall be considered
secondary to the primary function of the pole. If the primary function of the pole serving
as the host site of the macro facility becomes unnecessary, the pole shall not be retained
for the sole purpose of accommodating the macro facility and the macro facility and all
associated equipment shall be removed.
7. Equipment facilities shall be placed underground if feasible, or, if permitted
above ground, shall:
a. Be screened from any street and adjacent property with fencing, walls,
landscaping, structures or topography or a combination thereof or placed within a
building; and
b. Not be located within required building setback areas.
8. If a security barrier is installed that includes a fence, wall or similar
freestanding structure, the following shall apply:
a. The height of the barrier shall be restricted by the height limitations in
the zoning district. The height is measured from the point of existing or finished grade,
whichever is lower at the exterior side of the barrier to the highest point of the barrier.
b. Be screened from adjoining properties and City right-of-way through the
use of appropriate landscaping materials including:
(1) Placement of landscape vegetation around the perimeter of the
security barrier, except that a maximum 10 -foot portion of the fence may remain without
landscaping in order to provide access to the enclosure.
(2) The landscaping area shall be a minimum of 5 feet in width.
(3) The permittee shall utilize evergreen plants that shall be a minimum
of 6 feet tall at the time of planting and shall obscure the site within 2 years.
(4) Landscaping and the design of the barrier shall be compatible with
other nearby landscaping, fencing and freestanding walls.
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(5) If a chain link fence is allowed in the zone district, it shall be green
vinyl slats.
9. Sufficient space for temporary parking for regular maintenance of the
proposed macro facility must be demonstrated.
10. Macro facilities may not: (i) produce noise in excess of the limitation set forth
in TMC Chapter 6.04; and (ii) be used for mounting signs, billboards or message displays
of any kind.
11. The Director shall consider the cumulative visual effects of macro facilities
mounted on existing structures and/or located on a given permitted site in determining
whether the additional permits can be granted so as to not adversely affect the visual
character of the City.
Section 12. TMC Section 18.58.060 Amended and Recodified to TMC 18.58.070.
Ordinance Nos. 2251 §70 and 2135 §1 (part), as codified at TMC Section 18.58.060,
"New Towers," are hereby amended to recodify this section as TMC Section 18.58.070,
which shall read as follows:
18.58.070 New Towers
A. Applicability. Any application for a new macro facility tower shall be reviewed,
and approved or denied, by the Hearing Examiner as a Type 3 decision pursuant to TMC
Section 18.108.030.
B. Review Criteria. The Hearing Examiner shall review the application to construct
a new macro facility tower, and shall determine whether each of the following
requirements are met.-
That
et:
That collocation is not feasible because:
a. Existing structures or towers do not have sufficient structural strength to
support the applicant's proposed antenna and ancillary facilities;
b. The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures, or the antenna on the
existing structures would cause interference with the applicant's proposed antenna;
c. The fees, costs or contractual provisions required by the owner or
operator in order to share an existing tower or structure, or to locate at an alternative site,
or to adapt an existing tower or structure or alternative site for sharing, are unreasonable.
Costs exceeding new tower construction by 25% are presumed to be unreasonable; or
Cl. The applicant demonstrates other limiting factors that render existing
towers and structures or other sites unsuitable.
All engineering evidence must be provided and certified by a registered and qualified
professional engineer and clearly demonstrate the evidence required.
2. The proposed tower meets all applicable design standards in TMC Section
18.58.060.
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3. Where the proposed tower does not comply with the requirements of this
Chapter, the applicant has successfully demonstrated that denial of the application would
effectively prohibit the provision of service in violation of 47 USC 253 and/or 332.
C. Determination. The Hearing Examiner, after holding an open public hearing in
accordance with TMC Chapter 18.112, shall either approve, approve with conditions, or
deny the application.
Section 13. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.070,
"General Requirements," is hereby repealed.
Section 14. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.080,
"Electrical Transmission Tower Co-Location—Specific Development Standards," is
hereby repealed.
Section 15. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.090,
"Adding Antennas to Existing WCF Tower -Specific Development Standards," is hereby
repealed.
Section 16. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.100,
"Concealed Building Mounted Development Requirements," is hereby repealed.
Section 17. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.110,
"Non -concealed Building Mounted Development Requirements," is hereby repealed.
Section 18. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.120,
"Utility Pole Co -location," is hereby repealed.
Section 19. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.130,
"Towers -Specific Development Standards," is hereby repealed.
Section 20. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.140,
"Request to Use Non -concealed Building Attached in Lieu of a Concealed Building
Attached," is hereby repealed.
Section 21. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.150,
"Landscaping/Screening," is hereby repealed.
Section 22. Ordinance Nos. 2251 §71 and 2135 §1 (part), as codified at TMC
Section 18.58.160, "Zoning Setback Exceptions," are hereby repealed.
Section 23. Ordinance Nos. 2251 §72 and 2135 §1 (part), as codified at TMC
Section 18.58.170, "Height Waivers," are hereby repealed.
Section 24. TMC Section 18.58.190 Amended and Recodified to TMC 18.58.080.
Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.190, "Removal of
Abandoned Wireless Communication Facilities," is hereby amended to recodify this
section as TMC Section 18.58.080, which shall read as follows:
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18.58.080 Removal of Abandoned Wireless Communication Facilities
Any wireless communication facility that, after the initial operation of the facility, is not
used for the purpose for which it was intended at the time of filing of the application for a
continuous period of 12 months shall be considered abandoned, and the owner of such
facility shall remove same within 90 days of receipt of notice from the City notifying the
owner of such abandonment. Failure to remove such abandoned facility shall result in
declaring the facility a public nuisance. If there are two or more users of a single tower,
then this section shall not become effective until all users cease using the tower.
Section 25. Regulations Established. A new TMC Section 18.58.090 is hereby
established to read as follows:
18.58.090 Eligible Facilities Requests
A. Under 47 USC 1455 and relevant FCC regulations (see 47 CFR §1.6100), 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.
B. Definitions.
1. "Base station" shall mean and refer to the structure or equipment at a
fixed location that enables wireless communications licensed or authorized by the FCC,
between user equipment and a communications network. The term does not encompass
a tower as defined in this chapter or any equipment associated with a tower. Base station
includes without limitation:
a. Equipment associated with wireless communications services
regardless of technological configuration (including Distributed Antenna Systems ("DAS")
and small wireless facilities).
b. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and
backup power supplies, and comparable equipment, regardless of technological
configuration (including DAS and small wireless facilities).
c. Any structure other than a tower that, at the time an eligible facilities
modification application is filed with the City under this chapter, supports or houses
equipment described in subparagraphs (a) and (b) of TMC Section 18.58.090.8, and that
has been reviewed and approved under the applicable zoning or siting process, or under
another State, county or local regulatory review process, even if the structure was not
built for the sole or primary purpose of providing such support.
d. The term does not include any structure that, at the time a completed
eligible facilities modification application is filed with the City under this section, does not
support or house equipment described in subparagraphs (a) and (b) of TMC Section
18.58.090. B.
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2. "Colocation"shall mean the mounting or installing of transmission equipment
on an eligible support structure for the purpose of transmitting and/or receiving radio
frequency signals for communication purposes.
3. "Eligible facilities request" shall mean any request for modification of an
existing tower or base station that does not substantially change the physical dimensions
of such tower or base station, involving:
a. Collocation of new transmission equipment;
b. Removal of transmission equipment; or
c. Replacement of transmission equipment.
4. "Eligible support structure" shall mean and refer to any existing tower or base
station as defined in this chapter provided it is in existence at the time the eligible facilities
modification application is filed with the City under this chapter.
5. "Existing" shall mean and refer to a constructed tower or base station that
was reviewed and approved under the applicable zoning or siting process and lawfully
constructed; 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.
6. "Site " shall mean and refer to the current boundaries of the leased or
owned property surrounding a tower (other than a tower in the public rights-of-way) and
any access or utility easements currently related to the site and, for other eligible support
structures, shall mean and be 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.
7. "Substantial Change". A modification will substantially change the physical
dimensions of an eligible support structure if it meets any of the following criteria:
a. For towers not in the public rights-of-way, it increases the height of the
tower by more than 10% 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% or
more than 10 feet, whichever is greater. The separation of antennas is measured by the
distance from the top of the existing antennas to the bottom of the new antennas.
Changes in height should be measured from the original support structure in
cases where deployments are or will be separated horizontally, such as on buildings'
rooftops; in other circumstances, changes in height should be measured from the
dimensions of the tower or base station, inclusive of originally approved appurtenances
and any modifications that were approved prior to the passage of the Spectrum Act.
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b. For towers not in the public rights-of-way, it involves adding an
appurtenance to the body of the tower that would protrude from the edge of the tower
more than 20 feet, or more than the width of the tower structure at the level of the
appurtenance, whichever is greater; for other eligible support structures, it involves
adding an appurtenance to the body of the structure that would protrude from the edge of
the structure by more than 6 feet.
c. For any eligible support structure, it involves installation of more than the
standard number of new equipment cabinets for the technology involved, but not to
exceed 4 cabinets; or, for towers in the public rights-of-way and base stations, it involves
installation of any new equipment cabinets on the ground if there are no pre-existing
ground cabinets associated with the structure, or else involves installation of ground
cabinets that are more than 10% larger in height or overall volume than any other ground
cabinets associated with the structure.
d. For any eligible support structure:
(1) 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;
(2) it would defeat the concealment elements of the eligible support
structure; or
(3) 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 non-compliant only in a manner that would not exceed the thresholds identified in this
section.
8. "Towey" shall mean and refer to any structure built for the sole or primary
purpose of supporting any antennas and their associated facilities, licensed or authorized
by the FCC, 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.
9. "Transmission Equipment" shall mean and refer to equipment that
facilitates transmission for any wireless communication service licensed or authorized by
the FCC, 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.
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C. 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.
D. 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.
E. 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 determines that the application does not qualify under FWRC 19.257.020.
F. Tolling 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 and including
a citation to the publicly stated code provision requiring such information. The City
recognizes that such a notice is limited to information "reasonably related" to determining
whether the application meets the "eligible facilities request" requirements.
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 notices pursuant to the procedures identified in this subsection.
Second or subsequent notice of incompleteness may not specify missing documents or
information that were not delineated in the original notice of incompleteness.
G. Determination that an 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.
H. 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.
I. Appeals. Applicants and the City may bring claims related to Section 6409 (a)
of the Spectrum Act, 47 USC 1455(a) to any court of competent jurisdiction.
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Section 26. Regulations Established. A new TMC Section 18.58.100 is hereby
established to read as follows:
18.58.100 Small Wireless Facility Application Process
A. Applicability. Any applications for small wireless facilities either inside or
outside of the public 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 TMC
Chapter 11.32.
B. Completeness. An application for a small wireless facility is not complete until
the applicant has submitted all the applicable items required by TMC Section 18.58.110
and, to the extent relevant, has submitted all the applicable items in TMC Section
18.58.100.0 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 deployment at any time subject
to the commencement of a new completeness review time period for permit processing.
C. Application Components. The Director is authorized to establish franchise and
other application forms to gather the information required from applicants to evaluate the
application and to determine the completeness of the application as provided herein. The
application shall include the following components as applicable:
1. Franchise. If any portion of the applicant's facilities are to be located in the
City's right-of-way, the applicant shall apply for, and receive approval of a franchise,
consistent with the requirements in TMC Chapter 11.32. An application for a franchise
may be submitted concurrently with an application for a small wireless facility permit(s).
2. Small Wireless Facility Permit. The applicant shall submit a small wireless
facility permit application as required in the small wireless facility application requirements
established in TMC Section 18.58.110 and pay the applicable permit fee in accordance
with the fee schedule adopted by resolution of the City Council and which may be
amended by the City Council from time to time.
3. Associated Application(s) and Checklist(s). Any application for a small
wireless permit that contains an element not categorically exempt from SEPA review shall
simultaneously apply under Chapter 43.21C RCW and TMC Title 21. Further, any
application proposing small wireless facilities in a shoreline area (pursuant to TMC
Chapter 18.44) or an environmentally sensitive area (pursuant to TMC Chapter 18.45)
shall indicate why the application is exempt or comply with the review processes in such
codes. Applications for small wireless facilities for new poles shall comply with the
requirements in TMC Section 18.58.160.E.
4. 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. City owned 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.
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Section 27. Regulations Established. A new TMC Section 18.58.110 is hereby
established to read as follows:
18.58.110 Small Wireless Facility Application Requirements
The following information shall be provided by all applicants for a small wireless
permit.
A. The application shall provide specific locational information including GIS
coordinates of all proposed small wireless facilities and specify where the small wireless
facilities will utilize existing, replacement or new poles, towers, existing buildings and/or
other structures. 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:
1. 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 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.
2. 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 TMC
Chapter 11.20 and Chapter 18.54.
3 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 to construct the small wireless 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 wireless facility.
4. A photometric analysis of the roadway and sidewalk within 150 feet of the
existing light if the site location includes a new light pole or replacement light pole if in a
new location.
5. Compliance with the applicable aesthetic requirements pursuant to TMC
Sections 18.58.150 and 18.58.160.
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B. 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. The approval
may be conditional (i.e. that the pole owner approves if the City also approves). 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 TMC Section 18.58.1101'
from the pole owner, unless the pole owner is the City. For City -owned poles or
structures, the applicant shall obtain a lease from the City prior to or concurrent with the
small wireless facility permit application so the City can evaluate the use of a specific
pole.
C. The applicant is encouraged to batch the small wireless facility sites within an
application in a contiguous service area and/or with similar designs.
D. The applicant shall submit a sworn affidavit signed by a Radio Frequency (RF)
engineer with knowledge of the proposed project affirming that the small wireless facility
will be compliant with all FCC and other governmental regulations in connection with
human exposure to radio frequency emissions for every frequency at which the small
wireless facility will operate. If facilities 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.
E. 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, if such
approvals are required.
F. 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. The Building Official may accept alternative forms
of the structural approval if the review and calculations are conducted by another agency,
such as the pole owner.
G. Those elements that are typically contained in the right-of-way permit pursuant
to TMC Chapter 11.08, including a traffic control plan, to allow the applicant to proceed
with the build -out of the small wireless facility.
H. Proof of a valid City of Tukwila business license.
I. 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 poles and structures, and to formulate and publish application questions for use
when an applicant seeks to attach to City -owned poles and structures.
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J. 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.
Section 28. Regulations Established. A new TMC Section 18.58.120 is hereby
established to read as follows:
18.58.120 Small Wireless Facility Review Criteria and Process
A. The following provisions relate to the review of applications for a small wireless
facility permit:
1. In any zone, upon application for a small wireless permit, the City shall permit
small wireless facilities only when the application meets the applicable criteria of TMC
Chapter 18.58.
2. Vertical clearance shall be reviewed by the Director in accordance with
NESC or applicable pole safety codes to ensure the small wireless facilities will not pose
a hazard to other users of the rights-of-way.
3. Replacement poles, new poles, and ground -mounted equipment shall only
be permitted pursuant to the applicable standards in TMC Section 18.58.160.
4. No equipment shall be operated so as to produce noise in violation of TMC
Chapter 8.22.
5. Small wireless facilities may not encroach onto or over private property or
property outside of the right-of-way without the property owner's express written consent
pursuant to TMC Section 18.58.160.A.1.
B. 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.
C. Eligible Facilities Requests. Small wireless facilities may be expanded
pursuant to an eligible facility request so long as the expansion:
does not defeat the specifically designated stealth techniques; and
2. incorporates the aesthetic elements required as conditions of approval set
forth in the original small wireless facility approval in a manner consistent with the rights
granted an eligible facility; and
3. does not exceed the conditions of a small wireless facility as defined by 47
CFR 1.6002(1).
D. Public Notice. The City shall provide notice of a complete application for a small
wireless facility 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.
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E. Withdrawal. Any applicant may withdraw an application submitted at any time,
provided the withdrawal is in writing and signed by all persons who signed the original
application or their successors in interest. When a withdrawal is received, the application
shall be deemed null and void. If such withdrawal occurs prior to the Director's decision,
then reimbursement of fees submitted in association with said application shall be
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.
F. 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 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.
G. Consolidated Permit. The issuance of a small wireless permit grants authority
to construct small wireless facilities in the rights-of-way in a consolidated manner to allow
the applicant, in most situations, to avoid the need to seek duplicative approval by both
the Public Works and the Community Development departments. The general standards
applicable to the use of the rights-of-way described in TMC Chapter 11.08 shall apply to
all small wireless facility permits.
Section 29. Regulations Established. A new TMC Section 18.58.130 is hereby
established to read as follows:
18.58.130 Small Wireless Facility Permit Requirements
A. Permit Compliance. The permittee shall comply with all of the requirements
within the small wireless facility permit.
B. 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.
C. 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.
D. 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.
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E. Operational Activity. The permittee shall commence operation of the small
wireless facility no later than six months after installation. The permittee may request two
extensions, each 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.
Section 30. Regulations Established. A new TMC Section 18.58.140 is hereby
established to read as follows:
18.58.140 Small Wireless Facility Modification
A. If a permittee desires to modify their 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 stealth
techniques, then the permittee shall apply for a new small wireless permit.
B. A small wireless facility 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 stealth techniques used in the original small wireless facility and does not
impact the structural integrity of the pole. Further, a small wireless facility permit shall not
be required for replacing equipment within the equipment enclosure or reconfiguration of
fiber or power to the small wireless facilities. Right-of-way use permits may be required
for such routine maintenance, repair or replacement consistent with TMC Chapter 11.08.
Section 31. Regulations Established. A new TMC Section 18.58.150 is hereby
established to read as follows:
18.58.150 Decorative Poles
A. The City discourages the use or replacement of certain decorative poles for small
wireless facilities due to the aesthetic impact to the City's streetscape. Accordingly, the
pedestrian light pole (herein referred to as "decorative poles"), designated in the City's
Infrastructure Design and Construction Standards Manual, are discouraged from use or
replacement for small wireless facilities.
B. Applications for small wireless facilities attached to decorative poles shall comply
with TMC Section 18.58.160.F.
Section 32. Regulations Established. A new TMC Section 18.58.160 is hereby
established to read as follows:
18.58.160 Small Wireless Facility Aesthetic, Concealment, and Design Standards
A. All small wireless facilities shall conform with the following general aesthetic,
concealment, and design standards, as applicable:
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1. Except for locations in the right-of-way, small wireless facilities are prohibited
on any property containing a single-family residential use in a residential zone; provided
that where small wireless facilities are intended to be located more than 400 feet from a
right-of-way and within an access easement over residential property, the location may
be allowed if:
a. the applicant affirms they have received an access easement from the
property owner to locate the facility in the desired location; and
b. the property owner where the facility will be installed has authority to
grant such permission to locate the facility and related equipment at the designated
location pursuant to the terms of the access easement; and
c. the installation is allowed by, and consistent with, the access easement;
and
d. such installation will not frustrate the purpose of the easement or create
any access or safety issue; and
e. the location is in compliance with all land use regulations such as, but
not limited to, setback requirements.
2. In the event power is later undergrounded in an area where small wireless
facilities are located above ground on utility poles, the small wireless facilities shall be
removed and may be replaced with a facility meeting the design standards for new poles
in TMC Section 18.58.160.E.
3. Except for electrical meters with prior City approval, 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 stealth technique plan substantially conforming to the applicable
standards in TMC Section 18.58.160.E.3 and comply with the Americans with Disabilities
Act, City construction standards, and state and federal regulations in order to provide a
clear and safe passage within the public rights-of-way. Generators located in the rights-
of-way are prohibited.
4. No signage, message, or identification other than the manufacturer's
identification or signage 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
stealth technique where appropriate and safety signage as required by applicable laws,
regulations, and standards is permitted.
5. 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 stealth
technique requirements pursuant to TMC Section 18.58.160.E.3.
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6. 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 that provide similar or greater
protections from negative visual impacts to the streetscape.
B. General Pole Standards. In addition to complying with the applicable general
standards in TMC Section 18.58.160.A, all small wireless facilities on any type of utility
pole shall conform to the following general pole design requirements as well as the
applicable pole specific standards:
1. The preferred location of a small wireless facility on a pole is the location
with the least visible impact.
2. 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.
3. Small wireless facilities are not permitted on traffic signal poles unless denial
of the siting could be a prohibition or effective prohibition of the applicant's ability to
provide telecommunications service in violation of 47 USC 253 and 332.
4. 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.
5. Replacement poles shall be located as near as possible to the existing pole,
but in no event further than 10 feet from the existing pole. Compliance with the light
standards in the Tukwila Infrastructure and Construction Standards Manual is required
and the existing pole shall be removed.
6. Sidearm 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.
7. The use of the pole for the siting of a small wireless facility shall be
considered secondary to the primary function of the pole. If the primary function of a pole
serving as the host site for a small wireless facility becomes unnecessary, the pole shall
not be retained for the sole purpose of accommodating the small wireless facility and the
small wireless facility and all associated equipment shall be removed.
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C. Nonwooden Pole Design Standards. In addition to complying with the
applicable general standards in TMC Section 18.58.160.A and TMC Section 18.58.160.6,
small wireless facilities attached to existing or replacement nonwooden poles inside or
outside the right-of-way shall conform to the following design criteria:
1. All replacement poles shall conform to the City's standard small wireless
facility pole design(s) published in the City's Infrastructure Design and Construction
Standards Manual. The applicant, upon a showing that use or modification of the
standard pole design is either technically or physically infeasible, or that the modified pole
design will not comply with the City's ADA or sidewalk clearance requirements and/or
would violate electrical or other safety standards, may deviate from the adopted standard
pole design and use the design standards as described in TMC Section 18.58.160.C.,
subsections 2 through 8.
2. Antennas and the associated equipment enclosures (including 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 six 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.
3. The farthest point of any antenna or equipment enclosure may not extend
more than 28 inches from the face of the pole.
4. 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.
5. An antenna on top of an existing pole may not extend more than 6 feet above
the height of the existing pole and the diameter may not exceed 16 inches, measured at
the top of the pole, unless the applicant can demonstrate that more space is needed. The
antennas shall be integrated into the pole design so 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.
6. 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.
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7. 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.
8. The diameter of a replacement pole shall comply with the City's setback and
sidewalk clearance requirements and shall, to the extent technically feasible, not be more
than 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.
D. Wooden Pole Design Standards. In addition to complying with the applicable
general standards in TMC Section 18.58.160.A and TMC Section 18.58.160.6, 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:
1. The wooden pole at the proposed location may be replaced with a taller pole
for the purpose of accommodating a small wireless facility; provided, that the replacement
pole shall not exceed a height that is a maximum of 10 feet taller than the existing pole,
unless a further height increase is required and confirmed in writing by the pole owner
and that such height extension is the minimum extension possible to provide sufficient
separation and/or clearance from electrical and wireline facilities.
2. A pole extender may be used instead of replacing an existing pole, but may
not increase the height of the existing pole by more than 10 feet, unless a further height
increase is required and confirmed in writing by the pole owner and that such height
increase is the minimum extension possible to provide sufficient separation and/or
clearance from electrical and wireline facilities. A "pole extender" as used herein is an
object affixed between the pole and the antenna for the purpose of increasing the height
of the antenna above the pole. The pole extender shall be painted to approximately match
the color of the pole and shall substantially match the diameter of the pole measured at
the top of the pole.
3. Replacement wooden poles must either match the approximate color and
materials of the replaced pole or shall be the standard new wooden pole used by the pole
owner in the City.
4. 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.
5. 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.
6. 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.
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7. Antennas shall not be mounted more than 12 inches from the surface of the
wooden pole.
8. 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.
9. A canister antenna may be mounted on top of an existing or replacement
wooden pole, which may not exceed the height requirements described in TMC Section
158.58.170.D.1. 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.
10. The farthest point of any antenna or equipment enclosure may not extend
more than 28 inches from the face of the pole.
11. 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.
12. All related antenna equipment, including but not limited to ancillary
equipment, radios, cables, associated shrouding, microwaves, and conduit that 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.
13. Equipment for small wireless facilities must be attached to the wooden pole,
unless otherwise permitted to be ground mounted pursuant to TMC Section
18.58.160.A.3. 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.
14. 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, do not exceed 28 cubic feet. The
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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.
E. Standards for small wireless facilities on new poles in the rights-of-way
and installations on decorative poles. In addition to complying with the applicable
general standards in TMC Section 18.58.160.A and TMC Section 18.58.160.6, small
wireless facilities proposed to be attached to new poles or decorative poles shall comply
with following:
1. Applicability. New poles within the rights-of-way or installations on a
decorative pole are only permitted if the applicant can establish that:
a. The proposed small wireless facility cannot be located on an existing
utility 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 building mount; and
b. The proposed small wireless facility receives approval for a stealth
technique design, as described in TMC Section 18.58.160.E.3; and
c. The proposed small wireless facility also complies with the Shoreline
Management Act, Growth Management Act, and State Environmental Policy Act, if
applicable; and
d. No new poles shall be located in a critical area or associated buffer
required by the City's Environmentally Sensitive Areas ordinance, TMC Chapter 18.45,
except when determined to be exempt pursuant to said ordinance.
2. Review. An application for a new pole or installation on a decorative pole is
subject to administrative review and approval or denial by the Director.
3. New poles. All new poles shall conform to the City's standard pole design
adopted in the City's Infrastructure Design and Construction Standards Manual and
comply with the stealth technique design consistent with TMC Section 18.58.160.E.5.
4. Decorative poles. If the applicant desires to place the small wireless facility
on a decorative pole, and the City has adopted a small wireless facility standard for the
decorative pole in the City's Infrastructure Design and Construction Standards Manual,
then the applicant shall attempt to utilize the adopted decorative pole design. The
applicant, upon a showing that using the standard decorative pole design is either
technically or physically infeasible, or that a modified pole design will not comply with the
city's ADA or sidewalk clearance requirements and/or would violate electrical or other
safety standards, may deviate from the adopted standard decorative pole design and
propose a stealth technique design consistent with TMC Section 18.58.160.E.5.
5. The stealth technique design shall include the design of the screening,
fencing, or other concealment technique for the pole, 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.
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a. The stealth technique design should seek to minimize the visual
obtrusiveness of the small wireless facility. The proposed pole or structure should have
similar designs to existing neighboring poles in the rights-of-way, including similar height
to the extent technically feasible. If the proposed small wireless facility is placed on a
replacement pole in a design district, then the replacement pole shall be of the same
general design as the pole it is replacing, unless the Director otherwise approves a
variation due to aesthetic or safety concerns. Any stealth technique 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 stealth
technique 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 TMC
Section 18.58.160.A and TMC Section 18.58.160.B.
b. If the Director has already approved a stealth technique 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 stealth
technique design, unless it can show that such stealth technique design is not technically
feasible, or that such design would undermine the generally applicable design standards
adopted pursuant to TMC Section 18.58.160.A and TMC Section 18.58.160.13.
c. Even if an alternative location is established pursuant to TMC Section
18.58.160.E.1.a, the Director may determine, at the applicant's written request, that a new
pole in the right-of-way is, in fact, a superior alternative based on the impact to the City,
the stealth technique design, the City's Comprehensive Plan and the added benefits to
the community.
d. Prior to the issuance of a permit to construct a new pole or ground -
mounted equipment in the right-of-way, the applicant must obtain a 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.
F. Standards for small wireless facilities attached to cables. In addition to
complying with the applicable general standards in TMC Section 18.58.160.A, all small
wireless facilities mounted on existing cables strung between existing utility poles shall
conform to the following standards:
1. Each strand -mounted facility shall not exceed three cubic feet in volume.
2. Only one strand -mounted facility is permitted per cable between any two
existing poles on an existing cable.
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3. The strand -mounted devices shall be placed as close as feasible to the
nearest utility pole, in no event more than 10 feet from the pole unless that location is
technically infeasible or is not allowed by the pole owner for safety clearance.
4. No strand -mounted device shall be located in or above the portion of the
roadway open to vehicular traffic.
5. Ground -mounted equipment to accommodate a shared mounted facility is
not permitted except when placed in preexisting equipment cabinets or required by a third
party electrical service provider.
6. Pole -mounted equipment shall comply with the requirements of TMC Section
18.58.160.A and TMC Section 18.58.160.13.
7. Such strand -mounted devices must be installed to cause the least visual
impact and without excess exterior cabling or wires (other than the original strand).
G. Standards for small wireless facilities attached to existing buildings. In
addition to complying with the applicable general standards in TMC Section 18.58.160.A,
all small wireless facilities attached to existing buildings shall conform to the following
design criteria:
1. Small wireless facilities may be mounted to the sides of a building if the
antennas do not interrupt the building's architectural theme.
2. The interruption of architectural lines or horizontal or vertical reveals is
discouraged.
3. New architectural features such as columns, pilasters, corbels, or other
ornamentation that conceal antennas may be used if it complements the architecture of
the existing building.
4. Small wireless facilities shall utilize the smallest mounting brackets
necessary in order to provide the smallest offset from the building.
5. Skirts or shrouds shall be utilized on the sides and bottoms of antennas in
order to conceal mounting hardware, create a cleaner appearance, and minimize the
visual impact of the antennas. Exposed cabling/wiring is prohibited.
6. To the extent technically feasible, small wireless facilities shall be painted
and textured to match the adjacent building surfaces.
Section 33. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to other
local, state or federal laws, codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
Section 34. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
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PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this 'j V"` day of OC+-vbt?r ,2021.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
C' I
� �
Office of the City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk: 11-08-7-1
Passed by the City Council: j0-,H-Zk
Published: 10--7-2-k
Effective Date:- 10 - ( 2- - 2-1,
Ordinance Number: ;76&0
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City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2659-2660.
On October 4, 2021 the City Council of the City of Tukwila, Washington, adopted the
following ordinances, the main points of which are summarized by title as follows:
Ordinance 2659: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 2558 AND 2420, AS
CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTION 2.68.026; AMENDING
ORDINANCE NO. 2261 §2, AS CODIFIED AT TMC SECTION 2.68.026, REGARDING
THE SETTING OF SALARY FOR THE MUNICIPAL COURT JUDGE; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2660: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2652, AS CODIFIED AT
TUKWILA MUNICIPAL CODE (TMG) CHAPTER 23.04, "SMALL WIRELESS
COMMUNICATION FACILITIES"; REPEALING ORDINANCE NO. 2498, AS CODIFIED
IN TMC CHAPTERS 18.06 AND 18.58; REPEALING ORDINANCE NO. 2251 §71 AND
§72, AS CODIFIED IN TMC CHAPTER 18.58, "WIRELESS COMMUNICATION
FACILITIES"; REPEALING ORDINANCE NO. 2135 §2 (PART), AS CODIFIED IN
MULTIPLE SECTIONS OF TMC CHAPTER 18.06, `DEFINITIONS"; AMENDING
ORDINANCE NO. 2251 §68, §69, AND §70, AS CODIFIED IN TMC CHAPTER 18.58;
AMENDING ORDINANCE NO. 2135 §1 (PART), AS CODIFIED IN MULTIPLE
SECTIONS OF TMC CHAPTER 18.58; AUTHORIZING AND ESTABLISHING
PERMITTING REGULATIONS AND AESTHETIC AND DESIGN STANDARDS FOR THE
DEPLOYMENT OF SMALL WIRELESS FACILITIES; ADOPTING SUPPORTIVE
FINDINGS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
The full text of this ordinance will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: October 7, 2021