04/20/2022 - PacketCity of Port Orchard
Land Use Committee
April 20, 2022 4:30 pm
Remote access on
Zoom Webinar Public Link (not to be used by LU Committee):
https:Hus02web.zoom.us/i/81259147601.
Dial -in: 1 253 215 8782
Webinar ID: 896 8325 9979
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1. Discussion: Recreational Vehicle Living (Quesada)
2. Wireless Communication Facilities (Fisk)
3. Housing:
a. Discussion: Supportive Housing Locations (Chang)
b. Discussion: Accessory Dwelling Unit (Fisk)
c. Manufactured Home Design Standards (Bond)
d. Housing Action Plan Scope (Bond)
4. Discussion: Annexation (Bond)
5. Discussion: Tax Exemption (Chang)
6. Discussion: Street closure policies for neighborhoods (Chang)
7. Update: Residential Parking Policy (Chang)
CITY OF PORT ORCHARD
Department of Community Development
se■ IY�'ei
Permit Center
Memorandum
To:
Nick Bond
From:
Katie Quesada
Date:
March 31, 2022
Re:
RV Living and Current Codes
Typically, recreational vehicles (RVs) are not permitted to be used as dwelling units. They are
not defined as buildings or structures, primary or accessory. They do not meet building code
requirements, zoning code requirements and definitions, having a vehicle chassis.
Prior to Covid and the eviction moratorium, people using RVs as dwelling units were advised
to cease that activity and the issue was inspected, enforced and monitored through a code
enforcement case, until compliance was met. Kitsap Public Health District would also be
involved in any cases associated with septic systems or solid waste issues.
The eviction moratorium protected and prohibited the enforcement of "less traditional
dwelling situations for 14 days or more, whether or not documented in a lease, including but
not limited to roommates who share a home; long-term care facilities; transient housing in
hotels and motels; "Airbnb's ", motorhomes; RVs; and camping areas; ". (20-5, 20-19, 20-
19.1, 20-19.2)
Washington State's eviction moratorium allowed a total of 19 months for individuals to
establish and or continue to live in "less traditional" housing situations within Port Orchard,
most of which are contrary to the Port Orchard Municipal Code.
As a result of the eviction moratorium and Covid, code enforcement has observed an increase
in unpermitted/prohibited living situations within Port Orchard, primarily regarding the use of
RV's and other recreational vehicles as dwelling units.
RVs are being used as accessory living space or in the same capacity as an ADU, where a
single-family residence exists on a property. Most of these situations appear to be a family
member or friend residing in the RV, with the property owner residing in the single-family
residence on site. In some cases, the RVs are self-contained units that are able to provide
temporary provisions for eating, sleeping, and sanitation, with access to water and power
connections from the property or residence on site.
There are also situations where the RVs are not suitable even for temporary living, having no
water connection, operable bathroom facilities, or heat. These situations quickly become code
enforcement issues with associated nuisance, illicit discharge, and other city violations as a
result of inadequate or unsafe facilities.
Page 1 of 3
RVs have also been observed being set up on private property and in adjacent city right of
ways for the purpose of being used as rental units and additional income for the property owner
or tenant.
The property owners at 4259 Ramsey Rd., lost their manufactured home in 2018, due to the
tornado, and did not have it insured to replace it. The family dismantled the damaged home by
hand (did not obtain a demo permit) and replaced it with several RVs for various family
members to reside in on site. The property is mapped with potential wetlands and recent
grading activity on site appears to have further unearthed an underwater spring, which is
actively adding water to the property. There are ROW, building, zoning code, and CAO
violations on the property. Set aside the multitude of violations on site, technically, nothing on
site is permitted without a primary use established on the property, which would be a single-
family home or commercial business (depending on the zoning).
RVs are also being used by the unhoused community, set up in city ROW's, and on private
property, usually without permission from the property owner. These situations quickly
become code enforcement issues due to associated code violations and safety issues.
If the municipal code is enforced as written, code enforcement would be displacing individuals,
including property owners, in an already pressed time when shelters and affordable housing
options are not readily available.
Code enforcement is presenting this issue to the Land Use Committee looking for direction
regarding the enforcement of recreational vehicles being used as dwelling units within the city.
The city may choose to;
• Resume enforcement immediately, or;
• Provide a timeline by which those uses must stop to avoid enforcement, or;
• Look at options to allow for the temporary use of RVs as dwelling units, if certain
criteria are met to meet basic health and safety requirements, and what that process
would be;
• Determine the need for possible code updates or changes as a result of decisions
made.
Some jurisdictions permit temporary living in RVs in conjunction with the construction of a
single-family residence on a property, referred to as Construction Living_ Quarters. There are
requirements that the RVs be connected to water and septic/sewer, meet zoning setbacks, not
be located in critical areas, etc., while temporarily located on site. Once the SFR is constructed
on site and receives a certificate of occupancy, the RV is no longer permitted to be lived in.
Similar to construction living quarters, some counties allow temporary living in RVs for up to
6 months with specific requirements having to be met prior to approval, such as; permitted
electrical hookups, septic issues addressed (either proof of regular pumping service, connection
to an existing septic system or access to portable toilets with a service agreement), heating
sources being operable and safe, having a fire extinguisher in the RV, garbage service, parking
requirements, meeting zoning setbacks, and prohibiting use of ROW's and or public property
for that purpose.
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POMC, Chapter 20.12, 20.12.010 Definitions
"Accessory building" means any building of which the form and use are subordinate in both purpose
and size, incidental to and customarily associated with a principal permitted building and use located
on the same lot. Also see POMC 20.39.010 and Article VII, Accessory Uses, of
Chapter 20.39 POMC.
"Accessory dwelling unit" means a separate, complete dwelling unit attached to or contained within
the structure of the primary use or a detached single-family residential dwelling unit (accessory
apartment), or contained within a separate structure that is accessory to the primary use or detached
single-family dwelling unit (backyard cottage) on the premises. Also see POMC 20.39.600.
"Building" means any structure used or intended for supporting or sheltering any use or occupancy.
"Principal building" means a building in which is conducted the main or primary use of the lot on
which it is located. Generally, this use will be a principal permitted use as provided in
POMC 20.39.010. It is possible for a lot to have more than one principal building and principal use.
"Recreational vehicle (RV)" means a vehicle designed primarily for recreational camping, travel or
seasonal use, which has its own motive power or is mounted on or towed by another vehicle,
including but not limited to: travel trailer, folding camping trailer, park trailer, truck camper, motor
home, and multi -use vehicle.
"Recreational vehicle parks" means the use of land upon which two or more recreational vehicle sites,
including hookup facilities, are located for occupancy by the general public of recreational vehicles as
temporary living quarters for recreation or vacation purposes.
"Structure" means anything permanently constructed, walled, and roofed, including a gas or liquid
storage tank that is principally in or on the ground, or over the water, excluding fences less than six
feet.
POMC, Chapter 20.210, 20.210.020 Definitions
(1) "Dwelling, single-family" means a detached building designed exclusively for the permanent
occupancy of one family and containing one dwelling unit, including mobile/manufactured housing.
(5) "Mobile/manufactured home" means a residential unit on one or more chassis for towing to the
point of use and designed to be used with a foundation as a dwelling unit on a year around basis. A
commercial coach, recreational vehicle, and motor home is not a mobile/manufactured home.
(6) "Recreational vehicle (RV)" means a vehicular type unit designed as
temporary living quarters for recreational camping or travel uses, with or without motive power.
This definition includes vehicles such as travel trailer, camping trailer, truck campers, and motor
homes. A recreational vehicle is not a mobile/manufactured home. (Ord. 019-17 § 18 (Exh. 1)).
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RV Use As Dwelling Units
Illicit discharge, RV septic dumped directly into City stormwater system.
Property owner rented RV space in ROW. Enforced prior to eviction moratorium.
Tenants evicted due to nuisance conditions /abandoned RV in City ROW.
Family RV compound. No SFR on the property.
0400MOU f l :27
Multi -generation family washing dishes, dad is cooking over a fire in the background.
Bus parked on side of SFR being used as an ADU.
Separate RV issue, unauthorized use of vacant property by unhoused community.
CHAPTER 20.70
WIRELESS COMMUNICATION FACILITIES
Sections:
20.70.010 Purpose
20.70.020 Authority and Application
20.70.030 Exemptions
20.70.040 Permits Required
20.70.050 Types of Permits —Priority —Restrictions
20.70.060 New Towers
20.70.070 General Requirements
20.70.080 Electrical Transmission Tower Co -Location -Specific Development Standards
20.70.090 Adding Antennas to Existing WCF Tower -Specific Development Standards
20.70.100 Concealed Building Mounted Development Requirements
20.70.110 Non -concealed Building Mounted Development Requirements
20.70.120 Utility Pole Co -location
20.70.130 Towers -Specific Development Standards
20.70.140 Request to Use Non -concealed Building Attached in Lieu of a Concealed
Building Attached
20.70.150 Landscaping/Screening
20.70.160 Zoning Setback Exceptions
20.70.170 Height Waivers
20.70.190 Removal of Abandoned Wireless Communication Facilities
20.70.200 Standards for Eligible Facilities Modifications
20.70.210 Expiration of Wireless Facility Permits
20.70.010 Purpose
A. The purpose of this Chapter is to regulate the placement, construction and modification
of wireless communication facilities, in order to protect the health, safety and welfare of the
public, while not unreasonably interfering with the development of the competitive wireless
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 wireless
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, flight corridors, and health and
safety of persons and property;
3. Encourage providers of wireless communication facilities to locate these facilities, to
the extent possible, in areas where the adverse impact on the community is minimal;
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4. Encourage the location of wireless communication facilities in nonresidential areas
and allow wireless communication facilities in residential areas only when necessary, to meet
functional requirements of the telecommunications industry;
5. Minimize the total number of wireless communication facilities in residential areas;
6. 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;
7. Allow wireless communication companies to use City property (i.e., City Hall,
Community Center, utilities property, parks, etc.) for the placement of wireless facilities, where
consistent with other public needs, as a means to generate revenue for the City;
8. Ensure wireless communication facilities are 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 technology, current location options,
siting, future available locations, innovative siting techniques and siting possibilities beyond the
jurisdictional boundaries of the City;
9. Enhance the ability of the providers of telecommunications services to provide such
services to the community quickly, effectively and efficiently;
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 residents from imminent harm and danger;
11. Avoid potential damage to adjacent properties from tower failure, through
engineering, careful siting, height limits, and maintenance of wireless communication facilities;
and
12. Provide a means for public input on major wireless communications facility
placement, construction, and modification.
B. In furtherance of these objectives, the City shall give due consideration to the
Comprehensive Land Use Plan, Land Use and Development Regulations, 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. These objectives were designed to comply
with the Telecommunications Act of 1996. 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.
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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.
E. In reviewing any application to place, construct or modify wireless communication
facilities, the City shall act within a reasonable period of time after an application for a permit is
duly filed, taking into account the nature and scope of the application. Any decision to deny an
application shall be in writing, supported by substantial evidence contained in a written record.
The City shall approve, approve with conditions, or deny the application in accordance with Title
20 of the Port Orchard Municipal Code, this Chapter, the adopted Port Orchard Comprehensive
Plan, and other applicable ordinances and regulations.
20.70.020 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 POMC Section
20.70.030.
20.70.030 Exemptions.
The provisions of this Chapter shall not apply to the following:
1. Wireless communication facilities permits are not required for subparagraphs La
through Le of this section; however, other permits, such as a grading permit, street excavation
permit, traffic management plan, or building permit may be required:
a. Routine maintenance and repair of wireless communication facilities when no
traffic impacts will occur. This shall not include changes in height or dimensions of towers or
buildings; provided that the wireless communication facility received approval from the City of
Port Orchard or Kitsap County for the original placement, construction, or subsequent
modification. When traffic impacts will occur, a traffic control plan approved by the City is
required prior to performing the work.
b. Changing of antennas on wireless communication facilities is exempt from
wireless facilities permits, provided the total area of the new antennas and support structure is
not increased more than ten percent (10%) of the previous area or if the area is reduced.
c. Changing or adding additional antennas within a previously permitted concealed
building -mounted installation is exempt provided there is no visible change from the outside.
d. Bird exclusionary devices may be added to towers and are not subject to height
limitations.
e. Additional ground equipment may be placed within an approved equipment
enclosure, provided the height of the equipment does not extend above the screening fence.
2. 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 one (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.
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3. 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 one (1) meter or
less in diameter or diagonal measurement.
4. An antenna that is designed to receive television broadcast signals.
5. 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. In order to reasonably accommodate licensed amateur
radio operators as required by Federal Code of Regulations, 47 CFR Part 97, as amended, and
Order and Opinion (PRB-1) of the Federal Communication Commission of September 1985, and
RCW 35A.21.260, a licensed amateur radio operator may locate a tower not to exceed the
height requirements of the applicable zoning district, provided the following requirements are
met for such towers located in a residentially -zoned district:
a. The tower and any antennas located thereon shall not have any lights of any kind
on it and shall not be illuminated either directly or indirectly by any artificial means;
b. The color of the tower and any antennas located thereon must all be the same
and such that it blends into the sky, to the extent allowed under requirements set forth by the
Federal Aviation Administration;
c. No advertising logo, trademark, figurine or other similar marking or lettering shall
be placed on the tower or any wireless communication facilities mounted or otherwise
attached thereto or any building used in conjunction therewith;
d. The tower shall be located a distance equal to or greater than its height from any
existing residential structure located on adjacent parcels of property, including any attached
accessory structures;
e. A tower must be at least three-quarters of its height from any property line on
the parcel of property on which it is located, unless a licensed engineer certifies that the tower
will not collapse or that it is designed in such a way that, in the event of collapse, it falls within
itself, and in that event, it must be located at least one-third of its height from any property
line;
f. No signs shall be used in conjunction with the tower, except for one sign not
larger than 8%" high and 11" wide and as required by Federal regulations;
g. Towers shall not be leased or rented to commercial users, and shall not otherwise
be used for commercial purposes; and
h. All towers must meet all applicable State and Federal statutes, rules, and
regulations, including obtaining a building permit from the City, if necessary.
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6. Emergency communications equipment during a declared public emergency, when
the equipment is owned and operated by an appropriate public entity.
7. Wireless Communications Facilities ("WCFs") used for temporary emergency
communications in the event of a disaster, or emergency preparedness, and for any other public
health or safety purpose, including, by way of illustration and not limitation, any communications
systems utilized by first responders such as police or fire.
8. Any wireless internet facility that is owned and operated by a government entity.
9. Antennas and related equipment no more than 3 feet in height that are being stored,
shipped or displayed for sale.
10. Radar systems for military and civilian communication and navigation.
11. Small wireless facilities as defined by POMC Section 20.29.030.
20.70.040 Permits Required.
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 this Chapter are in addition to the applicable
requirements of POMC Title 20.
B. Any application submitted pursuant to this Chapter shall be reviewed and evaluated by
the Director for all projects located on public or private property. The Director of Public Works
or his/her designee shall review all proposed wireless communication facilities that are totally
within City right-of-way. If a project is both on private or public property and City right-of-way,
the Community Development Director shall review the application. Regardless of whether the
Community Development Director or the Director of Public Works is reviewing the application,
all applications will be reviewed and evaluated pursuant to the provisions of this Chapter.
C. The applicant is responsible for obtaining all other permits from any other appropriate
governing body (i.e., Washington State Department of Labor and Industries, Federal Aviation
Administration, etc.).
D. This Chapter provides guidelines for the placement, construction, and modification of
wireless communication facilities, which are not otherwise exempt as set forth in POMC Section
20.70.030.
E. No provision of this Chapter shall be interpreted to allow the installation of a wireless
communication facility to reduce the minimum parking or landscaping required on a site.
F. Wireless communication facilities that are governed under this Chapter shall not be
eligible for variances under POMC Chapter 20.28. Any request to deviate from this Chapter shall
be based on the exceptions or waivers set forth in this Chapter.
G. Third Party Expert Review. 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
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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 costs of the technical review shall be borne by the applicant.
H. The selection of the third -party expert may be by mutual agreement between the
applicant and the City, or at the discretion of the City, with a provision for the applicant and
beneficially interested parties to comment on the proposed expert and review his/her
qualifications. The third party expert review is intended to address interference and public
safety issues and be a site -specific review of engineering and technical aspects of the proposed
wireless communication facilities and/or a review of the applicants' methodology and
equipment used, and is not intended to be a subjective review of the site which was selected
by an applicant. Based on the results of the expert review, the City may require changes to the
application. The expert review shall address the following:
1. The accuracy and completeness of submissions;
2. The applicability of analysis techniques and methodologies;
3. The validity of conclusions reached;
4. The viability of other sites in the City for the use intended by the applicant; and
5. Any specific engineering or technical issues designated by the City.
I. No alterations or changes shall be made to plans approved by the Director, Director of
Public Works, or Hearing Examiner without approval from the City. Minor changes which do
not change the overall project may be approved by the Community Development Director as a
minor modification.
20.70.050 Types of Permits -Priority --Restrictions.
A. Applications will be reviewed based on the type of wireless communication facilities
requested to be permitted. Each wireless communication facility requires the appropriate type
of project permit review, as shown in Table A. In the event of uncertainty on the type of a
wireless facility, the Community Development Director shall have the authority to determine
how a proposed facility is incorporated into Table A.
TABLE
A
Type of Permit Required, Based
on Type of Wireless Communication
Facility
Zoning(1
Type of Facility Residentia Commercia Industrial
I 1 / Public
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Adding antennas to
Type 1 (2)
Type 1(2)
Type 1(2)
an existing or
replacement tower or
utility pole
Eligible facilities
Type 1
Type 1
Type 1
modification
Utility pole co-
Type 2
Type 2
Type 2
location
Concealed building
Type 2 (3)
Type 2 (3)
Type 1
attached
Non -concealed
Type 2
Type 2
Type 1
building
attached
New tower or
Type 3
Type 3
Type 3
height
adjustment
request
beyond the
limitations in
the Spectrum
Act
(1) Zoning for any private/public property or right-of-way: Residential — R1, R2, R3,
R4, R5, R6, RMU. Commercial and Public— NMU, BPMU, CMU, DMU, GMU, CC,
CH, IF. PF, PR, Cl, Industrial — LI, HI.
(2) Provided the height of the tower or utility pole does not increase and the square footage
of the enclosure area does not increase beyond the limits set forth in Section 6409 of the
Spectrum Act.
(3) An applicant may request to install a non -concealed building attached facility, under
POMC Section 20.70.140.
B. The priorities for the type of wireless communication facility shall be based upon their
placement in Table A; the most desirable location for facilities are located toward the top of the
table and least -desirable location for facilities are located toward the bottom of the table. Any
application for a wireless communication facility must follow the hierarchy of Table A. For
example, an applicant must demonstrate by engineering evidence that using a transmission
tower co -location is not possible before moving to a utility pole replacement for co -location, and
so forth, with the last possible siting option being a new tower or waiver request.
C. The City's preferences for locating new wireless communication facilities are as follows:
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1. Place antennas on existing or replacement structures, such as buildings, towers,
water towers, or electrical transmission towers.
2. Place wireless communication facilities in non- residentially zoned districts and non-
residential property.
3. Place antennas and towers on public property and on appropriate rights -of -way if
practical, provided that no obligation is created herein for the City to allow the use of City
property or public right-of-way for this purpose.
4. City Property/Public Rights -of -Way. The placement of personal wireless
communication facilities on City -owned property and public rights -of -way will be subject to
other applicable sections of the Port Orchard Municipal Code and review by other departments
(i.e., Public Works, Parks and Recreation, etc.) and may require a facilities lease.
5. Wireless communication facilities shall not be permitted on property designated
as landmark or as part of a historic district.
D. Applicants shall submit all of the information required pursuant to POMC Section
20.24.030 and the following:
1. Type 1: Applicant shall submit:
a. A completed application form provided by the Department of Community
Development.
b. Four sets of plans prepared by a design professional. The plans shall include a
vicinity map, site map, architectural elevations, method of attachment, proposed screening,
location of proposed antennas, and all other information which accurately depicts the
proposed project. Minimum size is 8.5" by 11". Plans shall be no greater than 24" x 36".
a. A letter from the applicant outlining the proposed project and an evaluation from
the applicant with regard to the City's Code requirements and whether the
proposal qualifies for review under Section 6409 of the Spectrum Act.
b. Information sufficient to determine whether a proposed facilities modification
per POMC Section 20.70.200 would be a substantial change to an existing eligible
support structure.
c. Sensitive Area studies and proposed mitigation (if required).
d. If an outdoor generator is proposed, a report prepared by an acoustical engineer
demonstrating compliance with Chapter 173-60 WAC and POMC 9.24.050.
e. SEPA Application (if required).
2. Type 2: Applicant shall submit all information required for a Type 1 application, plus
the following:
a. Four sets of photo simulations that depict the existing and proposed view of the
proposed facility.
b. Materials board for the screening material.
c. If landscaping is proposed, four sets of a landscaping plan prepared by a
Washington State -licensed landscape architect.
d. Letter from a radio frequency engineer that demonstrates that the facility meets
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Federal requirements for allowed emissions.
e. If the facility is located within a residential zone, a report from a radio frequency
engineer explaining the need for the proposed wireless communication facility. Additionally,
the applicant shall provide detailed discussion on why the wireless communication facility
cannot be located within a commercial or industrial zone.
3. Type 3: The applicant shall submit all the information required for Type 1 and Type 2
applications, plus the following:
a. All information required for new towers under POMC Section 20.70.060.
b. The radio frequency engineer report shall include a discussion of the information
required under POMC Section 20.70.060.
c. Provisions for mailing labels for all property owners and tenants/residents within
500 feet of the subject property.
d. Engineering plans for the proposed tower.
e. A vicinity map depicting the proposed extent of the service area.
f. A graphic simulation showing the appearance of the proposed tower and ancillary
structures and ancillary facilities from five points within the impacted vicinity. Such points are
to be mutually agreed upon by the Director of Community Development and applicant. All plans
and photo simulations shall include the maximum build -out of the proposed facility to the extent
such information is known by the applicant.
g. Evidence that the tower has been designed to meet the minimum structural
standards for wireless communication facilities for a minimum of three providers of voice, video
or data transmission services, including the applicant, and including a description of the number
and types of antennas the tower can accommodate, to the extent known by the applicant.
20.70.060 New Towers.
A. New towers are not permitted within the City unless the Hearing Examiner finds that the
applicant has demonstrated by a preponderance of the evidence that:
1. Alternates: No existing tower or structure, or other feasible site not requiring a new
tower in the City, can accommodate the applicant's proposed wireless communication facility;
and
2. Least intrusive: The proposed new wireless communication facility is designed and
located in a manner that is, in consideration of the values, objectives and regulations set forth
in this chapter, POW Title 20, and the Comprehensive Land Use Plan, the least intrusive upon
the surrounding area.
B. The Hearing Examiner shall be the reviewing body on the application to construct anew
tower and shall determine whether or not each of the above requirements is met. Examples of
evidence demonstrating the foregoing requirements include, but are not limited to, the
following:
1. That the tower height is the minimum necessary in order to achieve the coverage
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objective;
2. That no available existing towers or structures or alternative sites are located within
the geographic area required to meet the applicant's engineering requirements to meet its
coverage objective (regardless of the geographical boundaries of the City);
3. That available existing towers or structures are not of a sufficient height or could
not feasibly be extended to a sufficient height to meet the applicant's engineering
requirements to meet its coverage objective;
4. That available existing structures or towers do not have sufficient structural
strength to support the applicant's proposed antenna and ancillary facilities;
5. That 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;
6. That 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; and/or the applicant
demonstrates other limiting factors that render existing towers and structures or other sites
unsuitable or unavailable.
All radiofrequency (RF) engineering evidence must be provided and certified by a RF engineer
and clearly demonstrate the evidence required. Any required structural engineering evidence
shall be provided and certified by a Washington registered and qualified professional engineer.
C. The Hearing Examiner, after holding a public hearing, shall either approve, approve with
conditions, or deny the application, or remand the application back to staff for further
investigation in a manner consistent with the Hearing Examiner order.
20.70.070 General Requirements.
The following shall apply to all wireless communication facilities regardless of the type of
facility:
1. Noise: Any facility that requires a generator or other device which will create noise
must demonstrate compliance with Chapter 173-60 WAC and POMC 9.24.050. A noise report,
prepared by an acoustical engineer, shall be submitted with any application to construct and
operate a wireless communication facility that will have a generator or similar device. The City
may require that the report be reviewed by a third party expert at the expense of the applicant.
2. Signage: Only safety signs or those mandated by other government entities maybe
located on wireless communication facilities. No other types of signs are permitted on wireless
communication facilities.
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3. Parking: Any application must demonstrate that there is sufficient space for
temporary parking for regular maintenance of the proposed facility.
4. Finish: A tower shall either maintain a galvanized steel finish or, subject to any
applicable standards of the FCC, be painted a neutral color so as to reduce its visual
obtrusiveness.
5. Design: The design of all buildings and ancillary structures shall use materials, colors,
textures, screening, and landscaping that will blend the tower facilities with the natural setting
and built environment.
6. Color: All antennas and ancillary facilities located on buildings or structures other
than towers shall be of a neutral color that is identical to or closely compatible with the color of
the supporting structure so as to make the antenna and ancillary facilities as visually unobtrusive
as possible.
7. Lighting: Towers shall not be artificially lighted unless required by the FCC or other
applicable authority. If lighting is required, the reviewing authority shall review the lighting
alternatives and approve the design that would cause the least disturbance to the surrounding
areas. No strobe lighting of any type is permitted on any tower.
8. Advertising: No advertising is permitted at wireless communication facility sites or
on any ancillary structure or facilities equipment compound.
20.70.080 Specific Development Standards for Electrical Transmission Tower Co -Location.
The following requirements shall apply:
1. Height: There is no height requirement for antennas that are located on electrical
transmission towers.
2. Antenna aesthetics: There are no restrictions on the type of antennas located on the
electrical transmission tower. The antennas must be painted to match the color of the electrical
transmission tower.
3. Antenna intensity: There is no limit on the number of antennas that maybe located
on an electrical transmission tower structure.
4. Feed lines and coaxial cables: Feed lines and coaxial cables shall be attached to one
of the legs of the electrical transmission tower. The feed lines and cables must be painted to
match the color of the electrical transmission tower.
5. Cabinet equipment: Cabinet equipment shall be located directly under the electrical
transmission tower where the antennas are located or a concealed location. The wireless
communication equipment compound shall be fenced; the fence shall have a minimum height
of six (6) feet and a maximum height of eight (8) feet. The fence shall include slats, wood panels,
or other materials to screen the equipment from view. Barbed wire is not allowed.
6. Setbacks: Since the facility will be located on an existing electrical transmission
tower, setbacks shall not apply.
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20.70.090 Specific Development Standards for Adding Antennas to Existing WCF Tower.
The following requirements shall apply:
1. Height: The height must not exceed what was approved under the original
application to construct the tower. If the height shall exceed what was originally approved,
approval as a Type 2 decision is required, provided, however, that increases up to the limitation
set forth in Section 6409 of the Spectrum Act shall be allowed.
2. Antenna aesthetics: Antennas shall be painted to match the color scheme of the
tower.
3. Antenna intensity: There is no limit on the number of antennas that may be located
on an existing tower.
4. Feed lines and coaxial cables: Feed lines and coaxial cables shall be located within
the tower. Any exposed feed lines or coaxial cables (such as when extended out of the tower
to connect to the antennas) must match the tower.
5. Cabinet equipment: Anew cabinet shall be located within the equipment enclosure
that was approved as part of the original application. If the applicant wishes to expand the
equipment enclosure from what was approved by the City or County under the previous
application beyond the increase limitations set forth in Section 64.09 of the Spectrum Act, the
applicant shall seek a wireless communication facility (Type 2) application for only the
equipment enclosure increase.
6. Setbacks: Setbacks shall not apply when an applicant installs new antennas on an
existing tower and uses an existing equipment enclosure. If the equipment enclosure is
increased, it must meet setbacks.
20.70.100 Concealed Building Mounted Development Requirements.
The following requirements shall apply:
1. Height: The proposed facility must meet the height requirement of the applicable
zoning category including, as applicable, allowed mechanical equipment encroachments
consistent with POMC 20.40.050(2)(c). The antennas can qualify under POMC Section
20.127.360, "Roof- Mounted Mechanical Equipment", if the antennas are located in a church
spire, chimney or fake chimney, elevator tower, mechanical equipment room, or other similar
rooftop appurtenances usually required to be placed on a roof and not intended for human
occupancy. Stand-alone antennas shall not qualify as rooftop appurtenances.
2. Antennas aesthetics: The antennas must be concealed from view by blending with
the architectural style of the building. This could include steeple -like structures and parapet
walls. The screening must be made out of the same material and be the same color as the
building. Antennas shall be painted to match the color scheme of the building(s).
3. Feed lines and coaxial cables: Feed lines and cables should be located below the
parapet of the rooftop.
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4. Cabinet equipment: If cabinet equipment cannot be located within the building
where the wireless communication facilities will be located, then the City's first preference is to
locate the equipment on the rooftop of the building. If the equipment can be screened by placing
the equipment below the parapet walls, no additional screening is required. If screening is
required, then the proposed screening must be consistent with the existing building in terms of
color, style, architectural style, and material. If the cabinet equipment is to be located on the
ground, the equipment must be fenced with a six (6) foot -tall fence, and materials shall be used
to screen the equipment from view. Barbed wire may not be used.
5. Setbacks: The proposed wireless communication facilities facility must meet the
setback of the applicable zoning category where the facility is to be located.
20.70.110 Non -concealed Building Mounted Development Requirements.
The following requirements shall apply:
1. Height: The proposed facility must meet the height requirements of the applicable
zoning category. If the building where the facility is located is at or above the maximum height
requirements, the antennas are permitted to extend a maximum of three (3) feet above the
existing roof line. Non -concealed building mounted facilities shall not qualify as "Roof -Mounted
Mechanical Equipment" under POMC Section 20.127.360.
2. Antenna aesthetics: The first preference for any proposed facility is to utilize flush -
mounted antennas. Nonflush mounted antennas may be used when their visual impact will be
negated by the scale of the antennas to the building. "Shrouds" are not required unless they
provide a better visual appearance than exposed antennas. Antennas shall be painted to match
the color scheme of the building(s).
3. Feed lines and coaxial cables: Feed lines and cables should be located below the
parapet of the rooftop. If the feed lines and cables must be visible, they must match the color
scheme of the building(s).
4. Cabinet equipment: If cabinet equipment cannot be located within the building
where the wireless communication facilities will be located, then it must be located on the
rooftop of the building. If the equipment can be screened by placing the equipment below the
parapet walls, no additional screening is required. If screening is required, then the proposed
screening must be consistent with the existing building in terms of color, style, architectural
style, and material. If the cabinet equipment is to be located on the ground, the equipment must
be fenced with a six (6) foot -tall fence and materials shall be used to screen the equipment from
view. Barbed wire may not be used.
20.70.120 Utility Pole Co -location.
The following requirements shall apply:
1. Height: The height of a utility pole co -location is limited to 15 feet above the
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replaced utility pole, and may be not greater than 50 feet in height in residential zones. Within
all other zones, the height of the utility pole is limited to 50 feet or the minimum height
standards of the underlying zoning, whichever is greater.
2. Replacement pole: The replaced utility pole must be used by the owner of the utility
pole to support its utility lines (phone lines or electric). A replaced utility pole cannot be used
to provide secondary functions to utility poles in the area.
3. Pole aesthetics: The replaced utility pole must have the color and general
appearance of the adjacent utility poles.
4. Pedestrian impact: The proposal shall not result in a significant change or cause
degradation in the pedestrian environment. For replacement poles, the proposal shall be
consistent with the City's adopted public works engineering standards and specifications such
that the ability to make future pedestrian improvements shall not be impacted. In addition, the
location of the replacement pole shall be selected to reduce impacts to the current and future
pedestrian environment.
5. Cabinet equipment: Unless approved by the Director of Public Works, all cabinet
equipment and the equipment enclosure must be placed outside of City right-of-way. If located
on a parcel that contains a building, the equipment enclosure must be located next to the
building, or where it has the least visual impact on surrounding properties. The cabinet
equipment must be screened from view. The screening must be consistent with the existing
building in terms of color, style, architectural style, and material. If the cabinet equipment is to
be located on the ground, the equipment must be fenced with a six (6) foot -tall fence and
materials shall be used to screen the equipment from view. Barbed wire is not allowed.
6. Setbacks: Any portion of the wireless communication facilities located within City
right-of-way is not required to meet setbacks. The City will evaluate setbacks on private
property under the setback requirements set forth in POMC Section 20.70.170.
20.70.130 Towers -Specific Development Standards.
The following requirements shall apply:
1. Height: Any proposed tower with antennas shall not exceed 70 feet without a height
waiver as described in POMC 20.70.170. Bird exclusionary devices are not subject to height
limitations.
2. Antenna and tower aesthetics: The applicant shall utilize a wireless communication
concealed facility and shall use such methods as to help the tower to blend with the natural
and built environment. The choice of concealing the wireless communication facility must be
consistent with the overall use of the site. For example, having a tower appear like a flagpole
would not be consistent if there are no buildings on the site. If a flag or other wind device is
attached to the pole, it must be appropriate in scale to the size and diameter of the tower.
3. Setbacks: A facility that is used for wireless communications, must be set back from
the property line the greater of:
a. Fifty (50) feet; or
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b. One hundred ten percent of the height from the highest engineered break point
to the top of structure, as certified by a professional engineer.
However, if an exception is granted under POMC Section 20.70.170 with regard to
height, the setback of the proposed wireless communication facilities will increase two (2) feet
for every one (1) foot in excess of the maximum permitted height in the zoning district.
4. Color: The color of the tower shall be based on the surrounding land uses.
5. Feed lines and coaxial cables: All feed lines and cables must be located within the
tower. Feed lines and cables connecting the tower to the equipment enclosure, which are not
located within the wireless communication facility equipment compound, must be located
underground.
20.70.140 Request to Use Non -concealed Building Attached in Lieu of a Concealed Building
Attached.
The use of concealed building facilities shall have first priority in all residential and
commercial zones. However, an applicant may request to construct a non -concealed building
attached wireless communication facility in lieu of a concealed wireless communication facility.
The following criteria shall be used:
1. Due to the size of the building and the proposed location of the antennas, the visual
impact of the exposed antennas will be minimal in relation to the building.
2. Cables are concealed from view and any visible cables are reduced in visibility by
sheathing or painting to match the building where they are located.
3. Cabinet equipment is adequately screened from view.
4. Due to the style or design of the building, the use of a concealed facility would
reduce the visual appearance of the building.
5. The building where the antennas are located is at least 200 feet from any body of
water or waterway that is designated as either shoreline or critical area.
20.70.150 Landscaping/Screening.
A. The visual impacts of wireless communication facilities shall be mitigated and softened
through landscaping or other screening materials at the base of the tower, facility equipment
compound, equipment enclosures, and ancillary structures, with the exception of wireless
communication facilities located on transmission towers, or if the antenna is mounted flush on
an existing building or camouflaged as part of the building and other equipment is housed
inside an existing structure. The Community Development Director, Director of Public Works or
Hearing Examiner, as appropriate, may reduce or waive the standards for those sides of the
wireless communication facility that are not in public view, when a combination of existing
vegetation, topography, walls, decorative fences or other features achieve the same degree of
screening as the required landscaping; in locations where the visual impact of the tower would
be minimal; and in those locations where large wooded lots and natural growth around the
property perimeter may be a sufficient buffer.
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B. Landscaping shall be installed on the outside of fences. Existing vegetation shall be
preserved to the maximum extent practicable and may be used as a substitute for or as a
supplement to landscaping or screening requirements. The following requirements apply:
1. Type A landscaping consistent with the requirements of POMC 20.128.060 (A) shall
be placed around the perimeter of the equipment cabinet enclosure, except that a maximum
ten (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 five (5) feet in width around the
perimeter of the enclosure.
3. The applicant shall utilize evergreens that shall be a minimum of six (6) feet tall at
the time of planting.
4. Applicant shall utilize irrigation or an approved maintenance schedule that will
ensure that the plantings are established after two years from the date of planting.
C. The applicant shall replace any unhealthy or dead plant materials in conformance with
the approved landscaping development proposal and shall maintain all landscape materials for
the life of the facility. In the event that landscaping is not maintained at the required level, the
Community Development Director, after giving thirty (30) days advance written notice, may
maintain or establish the landscaping at the expense of the owner or operator and bill the
owner or operator for such costs until such costs are paid in full.
20.70.160 Zoning Setback Exceptions.
A. Generally, wireless communication facilities placed on private property must meet
setbacks of the underlying zoning. However, in some circumstances, allowing modifications to
setbacks may better achieve the goal of this Chapter of concealing such facilities from view.
B. The Community Development Director or Hearing Examiner, depending on the type of
application, may permit modifications to be made to setbacks when:
1. An applicant for a wireless communication facility can demonstrate that placing the
facility on certain portions of a property will provide better screening and aesthetic
considerations than provided under the existing setback requirements; or
2. The modification will aid in retaining open space and trees on the site; or
3. The proposed location allows for the wireless communication facility to be located
a greater distance from residentially -zoned properties.
C. This zoning setback modification cannot be used to waive/modify any required setback
required under the State Building Code or Fire Code or used to reduce the safety of the facility.
20.70.170 Height Waivers.
A. Where the Hearing Examiner finds that extraordinary hardships, practical difficulties, or
unnecessary and unreasonable expense would result from strict compliance with the height
limitations of the Land Use and Development Regulations, or the purpose of these regulations
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may be served to a greater extent by an alternative proposal, it may approve an adjustment to
these regulations; provided that the applicant demonstrates that the adjustments are consistent
with the values, objectives, standards, and requirements of this Chapter, POMC Title 20, and the
Comprehensive Land Use Plan, and demonstrate the following:
1. A particular and identifiable hardship exists, or a specific circumstance warrants the
granting of an adjustment. Factors to be considered in determining the existence of a hardship
shall include, but not be limited to:
a. Topography and other site features;
b. Availability of alternative site locations;
c. Geographic location of property; and
d. Size/magnitude of project being evaluated and availability of co -location.
B. In approving the adjustment request, the Hearing Examiner may impose such conditions
as it deems appropriate to assure consistency with the values, objectives, standards, and
requirements of this Chapter, POMC Title 20, and the Comprehensive Land Use Plan and to
ensure that the granting of the height adjustment will not be detrimental to the public safety,
health, or welfare, or injurious to other property, and will promote the public interest.
C. A petition for any such adjustment shall be submitted, in writing, by the applicant with
the application for Hearing Examiner review. The petition shall state fully the grounds for the
adjustment and all of the facts relied upon by the applicant.
20.70.190 Removal of Abandoned Wireless Communication Facilities.
Any antenna or tower that, after the initial operation of the facility, is not used for the
purpose for which it was intended (based on the original application) and such non-use lasts for
a continuous period of twelve (12) months or longer, shall be considered abandoned, and the
owner of such antenna or tower shall remove same within ninety (90) days of receipt of notice
from the City notifying the owner of such abandonment. Failure to remove such abandoned
tower or commence removal within ninety (90) days of such notice shall result in the City
declaring the antenna and/or tower 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.
20.70.200 Standards for Eligible Facilities Modifications.
This section implements § 6409 of the "Middle Class Tax Relief and Job Creation Act of
2012" (the "Spectrum Act", PL-112- 96; codified at 47 U.S.C. § 1455(a)) see also 47 CFR § 1.6100 -
Wireless Facility Modifications, which requires the City to approve any eligible facilities request
for a modification of an existing tower or base station that does not substantially change the
physical dimensions of such tower or base station. The intent is to exempt eligible facilities
requests from zoning and development regulations that are inconsistent with or preempted by
Section 6409 of the Spectrum Act, while preserving the City's right to continue to enforce and con
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dition approvals under this chapter on compliance with generally applicable building, structural,
electrical, and safety codes and with other laws codifying objective standards reasonably related
to health and safety.
A. 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.
a. The term includes, but is not limited to, equipment associated with wireless
communications services such as private, broadcast, and public safety services, as well as
unlicensed wireless services and fixed wireless services such as microwave backhaul.
b. The term includes, but is not limited to, radio transceivers, antennas, coaxial or
fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless
of technological configuration (including Distributed Antenna Systems and small -cell
networks).
c. The term includes 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 POMC Section 20.70.200.A.1, 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 POMC Section 20.70.200.A.1.
2. "Eligible facilities modification" shall mean and refer to any proposed facilities
modification that has been determined pursuant to the provisions of this chapter to be subject
to this chapter and that does not result in a substantial change in the physical dimensions of an
eligible support structure.
3. "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.
4. "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.
5. "Proposed facilities modification" shall mean and refer to a proposal submitted by an
applicant to modify an eligible support structure the applicant asserts is subject to review under
Section 6409 of the Spectrum Act, and involving:
a. collocation of new transmission equipment;
b. removal of transmission equipment; or
c. replacement of transmission equipment.
6. "Site" shall mean and refer to the current boundaries of the leased or owned
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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 proposed facilities 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 ten percent (10%) or by the height of one additional antenna array with separation
from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; for other
eligible support structures, it increases the height of the structure by more than ten percent
(10%) or more than ten (10) feet, whichever is greater.
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.
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 twenty (20)
feet, or more than the width of the tower structure at the level of the appurtenance, whichever
is greater; for other eligible support structures, it involves adding an appurtenance to the body
of the structure that would protrude from the edge of the structure by more than six (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
four (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 ten percent (10%) larger in height or overall volume than any other ground cabinets
associated with the structure.
d. It entails any excavation or deployment outside of 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 thirty (30) feet in any
direction. The site boundary from which the thirty (30) feet is measured excludes any access or
utility easements currently related to the site;
e. It would defeat the concealment elements of the eligible support
structure; or
f. It does not comply with conditions associated with the siting approval of
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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. "Tower" 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. "Break Point Technology' shall mean towers designed with break point technology
engineer points on the top portion of the tower to fold over onto itself in extreme stress such
as earthquake and extraordinary high winds, rather than fall its full length from the base.
10. "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.
B. Proposed facilities modification applications are not subject to the application
requirements set forth in POMC Section 20.24.020 but may still require construction permits
such as grading, street excavation, and building permits, and will also require approval of traffic
control plans if traffic will be impacted.
C. City decisions on eligible facilities modifications shall be issued within sixty (60) days
from the date the application is received by the City, subtracting any time between the City's
notice of incomplete application or request for additional information and the applicant's
resubmittal. Following a supplemental submission, the City will respond to the applicant within
ten (10) days, stating whether the additional information is sufficient to complete review of the
application. This timing supersedes Chapter 20.24 POMC.
D. If the City fails to approve or deny an eligible facilities modification within the time
frame for review, the applicant may notify the City in writing that the review period has expired,
and that the application has therefore been deemed granted. In such case, all performance
standards contained in this chapter shall automatically be considered conditions of such
approval.
E. Applicants and the City may bring claims related to Section 6409 (a) to any court of
competent jurisdiction.
20.70.210 Expiration of Wireless Facility Permits.
A wireless facility permit shall automatically expire three (3) years after a Notice of Decision
approving the permit is issued unless a building permit conforming to plans for which the wireless
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facility permit was granted is obtained within that period of time. If a building permit is not
required for the proposed work, such as changing antennas on an existing tower, then the
substantial construction of the proposed work shall be completed within one (1) year after a
Notice of Decision approving the permit is issued. The Director of Community Development may
authorize a longer period for completion of work if the applicant can demonstrate why additional
time is required and submits a written request for extension prior to expiration of the wireless
facilities permit.
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Amend Section 20.39.270 POMC as follows:
20.39.270 Wireless Telecommunication facilities.
(1) "Wireless telecommunication facility' and "wireless communication facility" both means a
facility for the provision of radio waves or wireless telephone or data services and includes the
following:
(a) "Amateur radio operator tower" means a facility used for personal, noncommercial radio
licensed by the Federal Communications Commission.
(b) "Small ce4wireless teleEemmuniEatien facility" is a facility that meets the definition contained
in POMC 20.72.030. means a wireless t l,,,.,,,.,.,... un alien facility that meets both „f the felle..,in .
k4 EaEh *5 leEated in5ide
than thFee
feet
antenna an antenna
in
enElesure ef ne n9ere
EHbiE
Veiume er, the Ease ef an antenna
that has expesed elements, the antenna
and all ef
fit imaginary
than thFee
feet;
expesed elements Eeuld within an
enElesure ef ne meFe
EubiE and
. �.. 1&�rrtaym MITM
(c) "Wireless telecommunication tower" means any mast, pole, monopole, lattice tower or other
structure designed and primarily used to support antennas as further defined in POMC
20.70.200.13 and 20.72.030.
(2) Small c--4 wireless telecommunication facilities shall be installed in accordance with the city's
adopted Public Works and Engineering Standards and Specifications (PWESS) and shall meet the
requirements of Chapter 20.72 POMC.
(3) Wireless communication facilities, other than small wireless facilities, shall be installed in
accordance with the requirements ofChapter 20.70 POMC.
Draft Updated 4/4/22
Page 1
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Adopt a new Chapter 20.72 POMC as follows:
CHAPTER 20.72
SMALL WIRELESS COMMUNICATION FACILITIES
Sections:
20.72.010 Purpose and Scope
20.72.020 Exemptions
20.72.030 Definitions
20.72.040 Federal regulatory requirements
20.72.050 Small wireless facility application process
20.72.060 Small wireless facility application requirements
20.72.070 Small wireless facility review criteria and process
20.72.080 Small wireless facility permit requirements
20.72.090 Small wireless facility modification
20.72.100 Small wireless facility aesthetic, concealment, and design standards
20.72.110 Removal of abandoned small wireless facility
20.72.120 Revocation of permit
20.29.10 Purpose and Scope
A. The purpose of this chapter, in addition to implementing the general purposes of
the Comprehensive Plan and development regulations, is to regulate the activities of permitting,
placement, construction and modification of small wireless facilities in order to protect the
health, safety and welfare of the public while not unreasonably interfering with the development
of a competitive wireless telecommunications marketplace within the City.
B. This chapter provides permitting and review regulations as well as aesthetic,
design and concealment standards for the construction of small wireless facilities both inside and
outside of the public right-of-way. It also provides siting options at appropriate locations within
the City to support existing communications technologies, to adapt to new technologies as
needed, and to minimize associated safety hazards and visual impacts. The siting of small wireless
facilities on existing buildings and structures, colocation of facilities on a single support structure
and visual mitigation strategies are encouraged to preserve neighborhood aesthetics and reduce
visual clutter in the City.
20.72.020 Exemptions
The following facilities are exempt from the provisions of this chapter and shall be
permitted consistent with the applicable development standards outlined in the Land Uses Table
in POMC 20.39.040:
1. Wireless Communications Facilities ("WCFs") used for temporary emergency
communications in the event of a disaster, or emergency preparedness, and for any other public
Draft Updated 4/4/22
Page 2
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health or safety purpose, including, by way of illustration and not limitation, any communications
systems utilized by first responders such as police or fire.
2. Industrial processing equipment and scientific or medical equipment using
frequencies regulated by the FCC.
3. Citizen band radios or antennas operated by federal licensing amateur ("ham")
radio operators.
4. Satellite dish antennas less than two meters in diameter, including direct -to -
home satellite services, when used as secondary use of the property.
5. 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.
6. Eligible facilities requests. See POMC Section 20.70.200.
20.72.030 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 small wireless
facility permit pursuant to this Chapter.
4. "Collocation" means:
a. Mounting or installing antenna equipment on a preexisting structure; and/or
b. Modifying a structure for the purpose of mounting or installing antenna
equipment on that structure.
5. "Director" means the 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.
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8. "Permittee" means a person who has applied for and received a small wireless
facility permit pursuant to this chapter.
9. "Personal wireless services" means commercial mobile services, unlicensed
wireless services, and common carrier wireless exchange access services.
10. "Person" includes corporations, companies, associations, joint stock companies,
firms, partnerships, limited liability companies, other entities, and individuals.
11. "Public right-of-way" or "right-of-way" means land acquired or dedicated for
public roads and streets but does not include:
a. State highways;
b. Land dedicated for road, streets, and highways not opened and not improved for
motor vehicle use by the public;
c. Structures, including poles and conduits, located within the right-of-way;
d. Federally granted trust lands or forest board trust
lands;
e. Lands owned or managed by the state parks and recreation commission; or
f. Federally granted railroad rights -of -way acquired under 43 U.S.C. 912 and
related provisions of federal law that are not open for motor vehicle use.
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 communications.
13. "Small wireless facility" shall mean a wireless telecommunication facility that
meets both of the following qualifications:
a. Each antenna is located inside an antenna enclosure of no more than three
cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna
and all of its exposed elements could fit within an imaginary enclosure of no more than
three cubic feet; and
b. All other equipment associated with the facility (excluding antennas) is
cumulatively no more than 28 cubic feet in volume.
Provided, however, if there is a conflict between this definition and the definition contained
under federal law (47 CFR 1.6002(I)) then the federal law definition shall apply.
14. "Stealth Technique" means stealth techniques specifically designated as such at
the time of the original approval of the small wireless facility for the purposes of rendering the
appearance of the small wireless facility as something fundamentally different than a small
wireless facility including but not limited to the use of non -reflective 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
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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 non -motorized 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.
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 communications 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.
20.72.040 Federal Regulatory Requirements
A. These provisions shall be interpreted and applied in order to comply with the provisions
of federal law. By way of illustration and not limitation, any small wireless facility that has been
certified as compliant with all FCC and other government regulations regarding the human
exposure to radio frequency emissions will not be denied on the basis of RF radiation concerns.
B. Small wireless facilities shall be subject to the requirements of this Code to the extent
that such requirements:
1. Do not unreasonably discriminate among providers of functionally equivalent
services; and
2. Do not prohibit or have the effect of prohibiting the ability of any entity to provide
intrastate or interstate wireless service.
20.72.050 Small Wireless Facility Application Process
A. Applicability. Any application for a small wireless facility both inside and 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 Title 12 POMC.
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B. Completeness. An application for a small wireless facility is not complete until the
applicant has submitted all the applicable items required by POMC Section 20.72.060 and, to
the extent relevant, has submitted all the applicable items in POMC Section 20.72.050.0 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 right-
of-way, the applicant shall apply for, and receive approval of a franchise, consistent with the
requirements in Title 12 POMC. An application for a franchise may be submitted concurrently
with an application for 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 POMC Section 20.72.060 and pay the applicable permit fee as set forth in 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 which contains an element not categorically exempt from SEPA review shall
simultaneously apply under Chapter 43.21C RCW and POMC Title 20. Further, any application
proposing small wireless facilities in a shoreline area (pursuant to POMC Chapter 20.164) or in
any critical area (pursuant to POMC Chapter 20.162) 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 POMC Section 20.72.100.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. Utility poles and the use of other public property, structures or
facilities including, but not limited to any park land or facility, any utility land or facility, require
City Council approval of a lease or master lease agreement.
20.72.060 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 to the extent known by the applicant at the time of application. The applicant
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shall provide detailed schematics and visual renderings of thesmall 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 the project area shall include the
location of the fiber source and power source). Further, the applicant shall include all existing
and proposed improvements related to the proposed location, including but not limited to
poles, driveways, ADA ramps, equipment cabinets, street trees and structures within 50 feet of
the proposed project area.
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 Chapter 20.129 POMC.
3. The applicant's plan for fiber and power service, all conduits, cables, wires, handholds,
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. Whereanother 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 or replacement light pole.
5. Compliance with the applicable aesthetic requirements pursuant to POW
Section 20.72.100.
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. Such written approval
shall include approval of the specific pole. 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.
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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.
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.
G. A right-of-way use permit application as required by POMC Section 12.04.030.
H. Proof of a valid City of Port Orchard 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.
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.
20.72.070 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 will permit small
wireless facilities only when the application meets the criteria of Chapter 20.72 POMC.
2. Vertical clearance shall be reviewed by the Director 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 POMC Section 20.72.100.
4. No equipment shall be operated so as to produce noise in violation of POMC
9.24.050 or Chapter 173-60 WAC.
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 POMC Section 20.72.100.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:
1. 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
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eligible facility; and
3. does not exceed the conditions of a small wireless facility as defined by 47 CFR
1.6002(I).
D. Public Notice. The City shall provide notice of a complete application for a small wireless
permit on the City's website with a link to the application. Prior to construction, the applicant
shall provide notice of construction to all impacted property owners within 100 feet of any
proposed small wireless facility via a doorhanger that shall include an email contact and
telephone number for the applicant. Notice is for the public's information and is not a part of a
hearing or part of the land use appeal process.
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 60 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. As an exercise of police powers
pursuant to RCW 35.99.040(2), the small wireless facility permit is not a right-of-way use
permit, but instead a consolidated public works and land use permit and the issuance of a small
wireless facility permit shall be governed by the time limits established by federal law for small
wireless facilities. The general standards applicable to the use of the rights -of -way described
in Chapter 12.04 POMC shall apply to all small wireless facility permits.
20.72.080 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 oneextension
of no more than six months, if the permittee provides an explanation as to why thesmall
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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.
E. Operational Activity. The permittee shall commence operation of the small wireless
facility no later than six months after installation. The permittee may request one extensions
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.
20.72.090 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 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 permit shall not be required for replacing
equipment within the equipment enclosure or reconfiguration of fiber or power to the small
wireless facilities. An annual blanket right-of-way permit will be required for such routine
maintenance, repair, or replacement and can cover all facilities owned by the applicant.
C. Even if a modification is exempt under this Section, any work on a small wireless facility
in or near the right of way which will impact traffic will require an approved traffic management
plan prior to commencing work.
20.72.100 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:
1. Except for locations in the right-of-way, small wireless facilities are prohibited on
any property containing a 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
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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 POMC Section
20.72.100.E.
3. 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 POMC Section 20.72.100.E.3 and comply with the Americans
with Disabilities Act ("ADA"), City construction standards, and state and federal regulations in
order to provide a clear and safe passage within the public 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 identification required by governing law is allowed to be portrayed on any
antenna or equipment enclosure. Any permitted signage shall be located on the equipment
enclosures and be of the minimum amount possible to achieve the intended purpose (no larger
than four by six inches); provided, that signs may be permitted as 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
techniques requirements pursuant to POMC Section 20.72.100.E.3.
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 which 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 POMC Section 20.72.100.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
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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 five feet from the existing pole, and the existing pole shall be removed.
6. Side arm mounts for antennas or equipment must be the minimum extension
necessary, and for wooden poles may be no more than 12 inches off the pole, and for non -
wooden poles no more than six inches off the pole.
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.
C. Non -wooden Pole Design Standards. In addition to complying with the applicable
general standards in POMC Section 20.72.100.A and POMC Section 20.72.100.13, small wireless
facilities attached to existing or replacement non -wooden poles inside or outside the right-of-
way shall conform to the following design criteria:
1. Upon adoption of a City standard small wireless facility pole design(s) within the
City's Infrastructure Design and Construction Standards, an applicant shall first consider using
or modifying the standard pole design to accommodate its small wireless facility without
substantially changing the outward visual and aesthetic character of the design. The applicant,
upon a showing that use or modification of the standard pole design is either technically or
physically infeasible, or that the modified pole design will not comply with the City's ADA 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
this POW Section 20.72.100.C., subsections 2 through 8. In addition, if the City has not yet
adopted such Infrastructure Design and Construction Standards, then subsection 2 through 8
will apply.
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
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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 that they appear as a continuation of the original
pole, including colored or painted to match the pole, and shall be shrouded or screened to
blend with the pole except for canister antennas, which shall not require screening. To the
extent technically feasible, all cabling and mounting hardware/brackets from the bottom of
the antenna to the top of the pole shall be fully concealed and integrated with the pole.
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.
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 POMC Section 20.72.100.A and POMC Section 20.72.100.13, 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
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and wireline facilities. A "pole extender" as used herein is an object affixed between the pole
and the antenna for thepurpose 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 diameterof 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.
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 POMC Section 20.72.100.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 which are mounted on wooden
poles, shall not be mounted more than six inches from the surface of the pole, unless a further
distance is technically required and is confirmed in writingby the pole owner.
Draft Updated 4/4/22
Page 14
13. Equipment for small wireless facilities must be attached to the wooden pole,
unless otherwise permitted to be ground mounted pursuant to POMC Section 20.72.100.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 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. In addition to
complying with the applicable general standards in POMC Section 20.72.100.A and POMC
Section 20.72.100.13, small wireless facilities proposed to be attached to new poles shall
comply with the following:
1. New poles within the rights -of -way 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 panel mount or separate structure; and
b. The proposed small wireless facility receives approval for a stealth technique
design, as described in POMC Section 20.72.100.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 Critical Areas ordinance, Chapter 20.162 POMC, except when determined to be
exempt pursuant to said ordinance.
2. An application for a new pole is subject to administrative review by the Director.
3. All new poles shall conform to the City's standard pole design adopted in the City's
Infrastructure Design and Construction Standards. If no existing metered service is available,
the applicant shall provide new metered electrical service. If the City's standard pole design is
technically infeasible, or such standards have not yet been adopted by the City, then the new
pole shall meet the following:
Draft Updated 4/4/22
Page 15
a. The stealth technique design shall include the design of the screening, fencing, or
other concealment technology 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.
b. 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 an area with
design standards, 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 POMC
Section 20.72.100.A.
c. 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 POMC Section
20.72.100.A.
d. Even if an alternative location is established pursuant to POMC Section
20.72.100.E.1.a, the Director may determine that a new pole in the right-of-way is in fact a
superior alternative based on the impact to the City, the stealth technique design, the City's
Comprehensive Plan and the added benefits to the community.
e. 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 POW Section 20.72.100.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;
Draft Updated 4/4/22
Page 16
3. The strand -mounted devices shall be placed as close as feasible to the nearest
utility pole, in no event more than five feet from the pole unless that location is technically
infeasible or is not allowed by the pole owner for safety clearance;
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; and
6. Pole -mounted equipment shall comply with the requirements of POMC Section
20.72.100.A and POMC Section 20.72.100.13.
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 POMC Section 20.72.100.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 textured and
colored to match the adjacent building surfaces.
20.72.110 Removal of Abandoned Small Wireless Facility
Any small wireless 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 the City declaring the facility a public
nuisance. If there are two or more users of a single pole or structure, then this section shall not
become effective as to require removal of the pole/structure/tower itself until all users cease
using the pole/structure/tower.
20.72.120 Revocation of Permit
A permit issued under this chapter may be revoked, suspended or denied for any one or
more of the following reasons:
Draft Updated 4/4/22
Page 17
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.
Draft Updated 4/4/22
Page 18
CHAPTER 20.70
WIRELESS COMMUNICATION FACILITIES
Sections:
20.70.010 Purpose
20.70.020 Authority and Application
20.70.030 Exemptions
20.70.040 Permits Required
20.70.050 Types of Permits -Priority --Restrictions
20.70.060 New Towers
20.70.070 General Requirements
20.70.080 Electrical Transmission Tower Co -Location -Specific Development Standards
20.70.090 Adding Antennas to Existing WCF Tower -Specific Development Standards
20.70.100 Concealed Building Mounted Development Requirements
20.70.110 Non -concealed Building Mounted Development Requirements
20.70.120 Utility Pole Co -location
20.70.130 Towers -Specific Development Standards
20.70.140 Request to Use Non -concealed Building Attached in Lieu of a Concealed
Building Attached
20.70.150 Landscaping/Screening
20.70.160 Zoning Setback Exceptions
20.70.170 Height Waivers
20.70.190 Removal of Abandoned Wireless Communication Facilities
20.70.200 Standards for Eligible Facilities Modifications
20.70.210 Expiration of Wireless Facility Permits
20.70.010 Purpose
A. The purpose of this Chapter is to regulate the placement, construction and modification of
wireless communication facilities, in order to protect the health, safety and welfare of the public,
while not unreasonably interfering with the development of the competitive wireless
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 wireless
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, flight corridors, and health and
safety of persons and property;
3. Encourage providers of wireless communication facilities to locate these facilities, to the
extent possible, in areas where the adverse impact on the community is minimal;
Draft Updated 3/8/2022
Page 1
1489606.3 - 366922 -0021
Commented [KA1]: The code amendments are based on a
prior version of the Tukwila, which has since been revised to
address a lot of the problems noted here.
4. Encourage the location of wireless communication facilities in nonresidential areasand
allow wireless communication facilities in residential areas only when necessary, to meetfunctional
requirements of the telecommunications industry;
5. Minimize the total number of wireless communication facilities in residential areas;
6. 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;
7. Allow wireless communication companies to use City property (i.e. City Hall,Community
Center, utilities property, parks, etc.) for the placement of wireless facilities, where consistent with
other public needs, as a means to generate revenue for the City;
8. Ensure wireless communication facilities are 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 technology, current location options, siting,
future available locations, innovative siting techniques and siting possibilities beyond the
jurisdictional boundaries of the City;
9. Enhance the ability of the providers of telecommunications services to provide such
services to the community quickly, effectively and efficiently;
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
residents from imminent harm and danger;
11. Avoid potential damage to adjacent properties from tower failure, through
engineering, careful siting, height limits, and maintenance of wireless communication facilities; and
12. Provide a means for public input on major wireless communications facility placement,
construction and modification.
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 sensitiveareas
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. These objectives were designed to comply with
the Telecommunications Act of 1996. 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.
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1489606.3 - 366922 -0021
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.
E. In reviewing any application to place, constructor modify wireless communication facilities,
the City shall act within a reasonable period of time after an application for a permit is duly filed,
taking into account the nature and scope of the application. Any decision to deny an application
shall be in writing, supported by substantial evidence contained in a written record. The City shall
approve, approve with conditions, or deny the application in accordancewith Title 20 of the Port
Orchard Municipal Code, this Chapter, the adopted Port Orchard Comprehensive Plan, and other
applicable ordinances and regulations.
20.70.020 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 POMC Section 20.70.030.
20.70.030 Exemptions.
The provisions of this Chapter shall not apply to the following:
1. Wireless communication facilities permits are not required for subparagraphs La
through Le of this section; however, other permits, such as a grading permit, street excavation
permit, traffic management plan, or building permit may be required:
a. Routine maintenance and repair of wireless communication facilities when no traffic
impacts will occur. This shall not include changes in height or dimensions of towers or buildings;
provided that the wireless communication facility received approval from the City ofPort Orchard or
Kitsap County for the original placement, construction or subsequent modification. When traffic
impacts will occur, a traffic control plan approved by the City is required.
b. Changing of antennas on wireless communication facilities is exempt from wireless
facilities permits, provided the total area of the new antennas and support structure is not increased
more than 10% of the previous area or the area is reduced.
c. Changing or adding additional antennas within a previously permitted concealed
building -mounted installation is exempt provided there is no visible change from the outside.
d. Bird exclusionary devices may be added to towers and are not subject to height
limitations.
e. Additional ground equipment may be placed within an approved equipment
enclosure, provided the height of the equipment does not extend above the screening fence.
2. 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.
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1489606.3 - 366922 -0021
3. 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.
4. An antenna that is designed to receive television broadcast signals.
5. 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. In order to reasonably accommodate licensed amateur radio operators
as required by Federal Code of Regulations, 47 CFR Part 97, as amended, and Order and Opinion
(PRB-1) of the Federal Communication Commission of September 1985, and RCW 35A.21.260, a
licensed amateur radio operator may locate a towernot to exceed the height requirements of the
applicable zoning district, provided the followingrequirements are met for such towers located in a
residentially -zoned district:
a. The tower and any antennas located thereon shall not have any lights of any kind on
it and shall not be illuminated either directly or indirectly by any artificial means;
b. The color of the tower and any antennas located thereon must all be the same and
such that it blends into the sky, to the extent allowed under requirements set forth by the Federal
Aviation Administration;
c. No advertising logo, trademark, figurine or other similar marking or lettering shall
be placed on the tower or any wireless communication facilities mounted or otherwise attached
thereto or any building used in conjunction therewith;
d. The tower shall be located a distance equal to or greater than its height from any
existing residential structure located on adjacent parcels of property, including any attached
accessory structures;
e. A tower must be at least three-quarters of its height from any property line on the
parcel of property on which it is located, unless a licensed engineer certifies that the towerwill not
collapse or that it is designed in such a way that, in the event of collapse, it falls withinitself, and in
that event, it must be located at least one-third of its height from any property line;
f. No signs shall be used in conjunction with the tower, except for one sign notlarger
than 8%" high and 11" wide and as required by Federal regulations;
g. Towers shall not be leased or rented to commercial users, and shall nototherwise
be used for commercial purposes; and
h. All towers must meet all applicable State and Federal statutes, rules andregulations,
including obtaining a building permit from the City, if necessary.
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1489606.3 - 366922 -0021
6. Emergency communications equipment during a declared public emergency, whenthe
equipment is owned and operated by an appropriate public entity.
7. Any wireless internet facility that is owned and operated by a government entity.
8. Antennas and related equipment no more than 3 feet in height that are being
stored, shipped or displayed for sale.
9. Radar systems for military and civilian communication and navigation.
10. Small wireless facilities as defined by POMC Section 20.29.030.
20.70.040 Permits Required.
A. No person may place, construct or modify a wireless communication facility subject tothis
Chapter without first having in place a permit issued in accordance with this Chapter. Except as
otherwise provided herein, the requirements of this Chapter are in addition to the applicable
requirements of POMC Title 20.
B. Any application submitted pursuant to this Chapter shall be reviewed and evaluated bythe
Director for all projects located on public or private property. The Director of Public Worksor his/her
designee shall review all proposed wireless communication facilities that are totallywithin City right-
of-way. If a project is both on private or public property and City right-of-way, the Community
Development Director shall review the application. Regardless of whether the Community
Development Director or the Director of Public Works is reviewing the application,all applications
will be reviewed and evaluated pursuant to the provisions of this Chapter.
C. The applicant is responsible for obtaining all other permits from any other appropriate
governing body (i.e., Washington State Department of Labor and Industries, Federal Aviation
Administration, etc.).
D. This Chapter provides guidelines for the placement and construction of wireless
communication facilities, not exempt as set forth in POMC Section 20.70.030 from its provisions and
modification of wireless communication facilities.
E. 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.
F. Wireless communication facilities that are governed under this Chapter shall not be eligible
for variances under POMC Chapter 20.28. Any request to deviate from this Chapter shall be based
on the exceptions or waivers set forth in this Chapter.
G. Third Party Expert Review. 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 Citymay at its discretion require an
engineering and technical review as part of a permitting process. The costs of the technical review
shall be borne by the applicant.
H. The selection of the third -party expert maybe by mutual agreement between the applicant
and the City, or at the discretion of the City, with a provision for the applicant and
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1489606.3 - 366922 -0021
beneficially interested parties to comment on the proposed expert and review his/her
qualifications. The third party expert review is intended to address interference and public safety
issues and be a site -specific review of engineering and technical aspects of the proposed wireless
communication facilities and/or a review of the applicants' methodology and equipment used, and
is not intended to be a subjective review of the site which was selectedby an applicant. Based on
the results of the expert review, the City may require changes to theapplication. The expert review
shall address the following:
1. The accuracy and completeness of submissions;
2. The applicability_of analysis techniques and methodologies;
3. The validity of conclusions reached;
4. The viability of other sites in the City for the use intended by the applicant; and
5. Any specific engineering or technical issues designated by the City.
I. Any decision by the Community Development Director, Director of Public Works, or Hearing
Examiner shall be given substantial deference in any appeal of a decision by the City to either
approve, approve with conditions, or deny any application for a wireless communication facility.
J. No alterations or changes shall be made to plans approved by the Director, Director ofPublic
Works, or Hearing Examiner without approval from the City. Minor changes which do not change
the overall project may be approved by the Community Development Director as a minor
modification.
20.70.050 Types of Permits -Priority --Restrictions.
A. Applications will be reviewed based on the type of wireless communication facilities
requested to be permitted. Each wireless communication facility requires the appropriate typeof
project permit review, as shown in Table A. In the event of uncertainty on the type of a wireless
facility, the Community Development Director shall have the authority to determine how a proposed
facility is incorporated into Table A.
TABLE
A
Type of Permit Required, Based on
Type ofWireless Communication
Facility
Zoning(1)
Type of Facility
Residential
Commercial
Industrial
Adding antennas to an
Type 1 (2)
Type 1(2)
Type 1(2)
existing or replacement
tower or utility pole
Eligible facilities
Type 1
Type 1
Type 1
modification
Utility pole co-
Type
Type
Type
location
Concealed building
Type 2 (3)
Type 2 (3)
Type 1
attached
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1489606.3 - 366922 -0021
Non -concealed building
Type 2 (4)
Type 2
Type 1
attached
New tower or
Type 3 (4)
Type 3
Type 3
heightadjustment
request
(1) Zoning for any private/public property or right-of-way: Residential — R1, R2, R3,R4,
R5, R6, RMU. Commercial — NMU, BPMU, CMU, DMU, GMU, CC, CH, IF. Industrial —
LI, HI.
(2) Provided the height of the tower or utility pole does not increase and the square footage
of the enclosure area does not increase.)
(3) An applicant may request to install a non -concealed building attached facility, underPOMC
Section 20.70.140.
(4) ILI or HI only.)
B. The priorities for the type of wireless communication facility shall be based upon their
placement in Table A; most- desirable facilities are located toward the top and least -desirable
facilities toward the bottom. Any application for a wireless communication facility must followthe
hierarchyofTable A. For example, an applicant must demonstrate by engineering evidencethat using
a transmission tower co -location is not possible before moving to a utility pole replacement for co -
location, and so forth, with the last possible siting option being a new toweror waiver request.
C. The City's preferences for locating new wireless communication facilities areas follows:
1. Place antennas on existing or replacement structures, such as buildings, towers, water
towers, or electrical transmission towers.
2. Place wireless communication facilities in non- residentially -zoned districts and non-
residential property.
3. Place antennas and towers on public property and on appropriate rights -of -way if
practical, provided that no obligation is created herein for the City to allow the use of City property
or public right-of-way for this purpose.
4. City Property/Public Rights -of -Way. The placement of personal wireless
communication facilities on City- owned property and public rights -of -way will be subject to other
applicable sections of the Port Orchard Municipal Code and review by other departments (i.e.,
Public Works, Parks and Recreation, etc.) and may require a facilities lease.
5. Wireless communication facilities shall not be permitted on property designated
as landmark or as part of a historic district.
D. Applicants shall submit all of the information required pursuant to POMC Section
20.24.030 and the following:
1. Type 1: Applicant shall submit:
a. A completed application form provided by the Department of Community
Development.
b. Four sets of plans prepared by a design professional. The plans shall include a
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1489606.3 - 366922 -0021
Commented [KA2]: What is this referring to? Some height
increases that are part of an Eligible Facilities Request must be
approved within 60 days.
Commented [KA3]: If an Eligible Facilities request is not a
substantial change, some height increase and expansion of the
original lease area is allowed under Section 6409 of the Middle
Class Tax Relief and Job Creation Act of 2012" (the "Spectrum
Act").
Commented [KA4]: What do these abbreviations refer to?
vicinity map, site map, architectural elevations, method of attachment, proposed screening,
location of proposed antennas, and all other information which accurately depicts the proposed
project. Minimum size is 8.5" by 11". Plans shall be no greater than 24" x 36".
a. A letter from the applicant outlining the proposed project and an evaluation fromthe
applicant with regard to the City's Code requirements and whether the proposal
qualifies for review under Section 6409 of the Spectrum Act.
b. Information sufficient to determine whether a proposed facilities modification per
POMC Section 20.70.200 would be a substantial change to an existing eligiblesupport
structure.
c. Sensitive Area studies and proposed mitigation (if required).
d. If an outdoor generator is proposed, a report prepared by an acoustical engineer
demonstrating compliance with Chapter 173-60 WAC and POMC 9.24.050.
e. SEPA Application (if required).
2. Type 2: Applicant shall submit all information required for a Type 1 application, plus the
following:
Four sets of photo simulations that depict the existing and proposed view of the
proposed facility.
b. Materials board for the screening material.
c. If landscaping is proposed, four sets of a landscaping plan prepared by a Washington
State -licensed landscape architect.
d. Letter from a radio frequency engineer that demonstrates that the facility meets
Federal requirements for allowed emissions.
e. If the facility is located within a residential zone, a report from a radio frequency
engineer explaining the need for the proposed wireless communication facility. Additionally, the
applicant shall provide detailed discussion on why the wireless communication facility cannot be
located within a commercial or industrial zone.
3. Type 3: The applicant shall submit all the information required for Type 1 and Type2
applications, plus the following:
a. All information required for new towers under POMC Section 20.70.060.
The radio frequency engineer report shall include a discussion of the information
required under POMC Section 20.70.060. MTh^ report shall also explain why ., tower must be , ^,
instead of any of the nth lecati..n options outlined in Table A
c. Provisions for mailing labels for all property owners and tenants/residents within500
feet of the subject property.
d. Engineering plans for the proposed tower.
e. A vicinity map depicting the proposed extent of the service area.
graphic simulation showing the appearance of the proposed tower and ancillary
structures and ancillary facilities from five points within the impacted vicinity. Such points are to be
mutually agreed upon bythe Director of Community Development and applicant. All plansand photo
Draft Updated 3/8/2022
Page 8
1489606.3 - 366922 -0021
Commented [KAS]: An attempt by the town to dictate
network design or create a preference for technological choice
is prohibited under federal law. SMSA Ltd. Partnership v. Town
of Clarkston, 612 P.3d 97 (2nd Cir. 2010). See also FCC Order
18-133A, In the Matter of Accelerating Wireless Broadband
Deployment by Removing Barriers to Infrastructure Investment
Accelerating Wireline Broadband Deployment by Removing
Barriers to Infrastructure Investment, , FN 87, citing Public
Utility Comm'n of Texas Petition for Declaratory Ruling and/or
Preemption of Certain Provisions of the Texas Public Utility
Regulatory Act of 1995, Memorandum Opinion and Order, 13
FCC Rcd 3460, 3496, para. 74 (1997) (interpreting the scope of
'telecommunications services' covered by Section 2S3(a) and
clarifying that it would be an unlawful prohibition for a state or
locality to specify "the means or facilities" through which a
service provider must offer service).
Commented [KA6]: Is this different from the photosims
required for a Type 2? J
Commented [KA7]: Every carrier has different equipment
and configurations so without knowing which carriers might
collocate on a facility in the future, there is no way to
accurately depict full buildout.
(FCC) Fee UiFeF entS fOF F die a,.,...,.ney emissions I
-�'
Commented [KA8]: This is already addressed by the letter
h. Evidence of compliance with Federal Aviation Administration (FAA) standards for
required from the RF engineer in section 2d above.
height and lighting and certificates of compliance from all affected agencies.
i. Evidence that the tower has been designed to meet the minimum structural
standards for wireless communication facilities for a minimum of three providers of voice, video or
data transmission services, including the applican ., and ineluding a de%Fiptien of the number and
-
Commented [KA9]: Please see comment above with
respect to an inability to predict what type of equipment a
20.70.060 New Towers.
carrier might decide to deploy in a future collocation.
A. New towers are not permitted within the City unless the Hearing Examiner finds that the
applicant has demonstrated by a preponderance of the evidence that:
service,-1-. �evereye ebjective-The-re eXiSts -;;n actual (not theoretical) significant gap in
2. Alternates: No existing tower or structure, or other feasible site not requiring anewtower
in the City, can accommodate the applicant's proposed wireless communication facility;and
3. Least intrusive: The proposed new wireless communication facility is designed and
located It^ remove the significant gap in service lin a manner that is, in consideration of the values,
objectives and regulations set forth in this chapter, POMC Title 20, and the Comprehensive Land
Use Plan, the least intrusive upon the surrounding area.
B. The Hearing Examiner shall be the reviewing body on the application to construct a new
tower, and shall determine whether or not each of the above requirements isare met. Examples of
evidence demonstrating the foregoing requirements include, but are not limitedto, the following:
1. That the tower height is the minimum necessary in order to achieve the coverage
objective;
Commented [KA10]: Filling a "significant gap is helpful
and interesting information for the staff to have, but failure
to prove that a proposed site will do fill a significant gap is
not grounds for rejection under federal law. In other
words, a local government may not deny a permit on the
basis that deployment will not fill a significant gap or
demonstrate that it will improve service capabilities, as the
significant gap test was rejected by the 9th Circuit in City
of Portland v. United States, 969 F.3d 1020 (9th Cir.
2020), cert. denied, 594 U.S. _, (June 28, 2021)(No. 20-
1354).
Commented [KAI I]: See previous comment.
2. That no available existing towers or structures or alternative sites are located within (Commented [KAl2]: Other sites are often unavailable 1
the geographic area required to meet the applicant's engineering requirements to meet Its because the owner will not lease space. J
coverage objective (regardless of the geographical boundaries of the City);
3. What existing towers or structures are not of a sufficient height or could not feasiblybe
extended to a sufficient height to meet the applicant's engineering requirements to meet its
coverage
4. What existing structures or towers do not have sufficient structural strength to support
the applicant's proposed antenna and ancillary facilities;)
5. That 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;
6. That the fees, costs or contractual provisions required by the owner or operator inorder
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
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1489606.3 - 366922 -0021
Commented [KAI3]: The decision to allow a tower to be
extended in height belongs to the tower owner and not the
applicant.
Commented [KA14]: See previous comment.
7. The applicant demonstrates other limiting factors that render existing towers and
structures or other sites unsuitable or unavailable.
All engineering evidence must be provided and certified by a Washington registered and
qualified professional engineer and clearly demonstrate the evidence required.
C. The Hearing Examiner, after holding a public hearing, shall either approve, approve with
conditions, or deny the application, or remand the application back to staff for further investigation
in a manner consistent with the Hearing Examiner order.
20.70.070 General Requirements.
The following shall apply to all wireless communication facilities regardless of the type of
facility:
1. Noise: Any facility that requires a generator or other device which will create noisemust
demonstrate compliance with Chapter 173-60 WAC and POMC 9.24.050. A noise report, prepared
by an acoustical engineer, shall be submitted with any application to construct and operate a
wireless communication facility that will have a generator or similar device. The Citymay require that
the report be reviewed by a third party expert at the expense of the applicant.
2. Signage: Only safety signs or those mandated by other government entities may be
located on wireless communication facilities. No other types of signs are permitted on wireless
communication facilities.
3. Parking: Any application must demonstrate that there is sufficient space for temporary
parking for regular maintenance of the proposed facility.
4. Finish: A tower shall either maintain a galvanized steel finish or, subject to any applicable
standards of the FM or FCC, be painted a neutral color so as to reduce its visual obtrusiveness.
5. Design: The design of all buildings and ancillary structures shall use materials, colors,
textures, screening and landscaping that will blend the tower facilities with the natural settingand
built environment.
6. Color: All antennas and ancillary facilities located on buildings or structures other than
towers shall be of a neutral color that is identical to or closely compatible with the color of the
supporting structure so as to make the antenna and ancillary facilities as visually unobtrusive as
possible.
7. Lighting: Towers shall not be artificially lighted unless required by the IFM,I FCC or other
- ' Commented [KA75]: What does this stand for?
applicable authority. If lighting is required, the reviewing authority shall review the lighting
alternatives and approve the design that would cause the least disturbance to the surrounding areas.
No strobe lighting of any type is permitted on any tower.
8. Advertising: No advertising is permitted at wireless communication facility sites or on
any ancillary structure or facilities equipment compound.
9. Equipment Enclosure: lEach applicant shall be limited to an equipment enclosure of 360
square feet at each site. However, this restriction shall not apply to enclosures located within an
--'"
Commented [KA16]: This limitation on size ofequipment
existing commercial, industrial, residential or institutional building or eligible facilities
enclosures discourages collocation. Visual impacts of an
enclosure, if any, can be addressed with landscaping. Verizon
requests that this size restriction be removed.
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Page 10
1489606.3 - 366922 -0021
modifications.
20.70.080 Specific Development Standards for Electrical Transmission Tower Co -Location.
The following requirements shall apply:
1. Height- There is no height requirement for antennas that are located on electrical
transmission towers.
2. Antenna aesthetics: There are no restrictions on the type of antennas located on the
electrical transmission tower. The antennas must be painted to match the color of the electrical
transmission tower.
Antenna intensity: There is no limit on the number of antennas that may be locatedon an
electrical transmission tower structure.
4. Feed lines and coaxial cables: Feed lines and coaxial cables shall be attached to oneof
the legs of the electrical transmission tower. The feed lines and cables must be painted to match the
color of the electrical transmission tower.
5. Cabinet equipment: Cabinet equipment shall be located directly under the electrical
transmission tower where the antennas are located or a concealed location. The wireless
communication equipment compound shall be fenced; the fence shall have a minimum height of 6
feet and a maximum height of 8 feet. The fence shall include slats, woodpanels, or other materials
to screen the equipment from view. Barbed wire is not allowed.
6. Setbacks: Since the facility will be located on an existing electrical transmission tower,
setbacks shall not apply.
20.70.090 Specific Development Standards for Adding Antennas to Existing WCF Tower.
The following requirements shall apply:
Height: The height FA st Flat ....reed.y.ohat was -,.....,.yed u. deF the eFiginal appl:..-,tien
to construct the tower. If the height shall exceed what was originally approved, approval as a Type
2 de .,.J 1
tower.
Antenna aesthetics: Antennas shall be painted to match the color scheme of the
Antenna intensity: There is no limit on the number of antennas that may be located
on an existing tower.
4. Feed lines and coaxial cables: Feed lines and coaxial cables shall be located within the
tower. Any exposed feed lines or coaxial cables (such as when extended out of the towerto connect
to the antennas) must be painted to match the tower.
Cabinet equipment: Anew cabinet shall be located within the equipment enclosurethat
was approved as part of the original application. !if the , p"Sant wishes to expand the equipment
6. Setbacks: Setbacks shall not apply when an applicant installs new antennas on an
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Page 11
1489606.3 - 366922 -0021
Commented [KA17]: This restriction is impermissible
under Section 6409 as an Eligible Facilities Request which
allows height increases of 10% or 20 feet from the top of
existing antennas to the bottom of the proposed new
antennas, whichever is greater. 47 CFR § 1.6100 - Wireless
Facility Modifications.
Commented [KA18]: Expansion of the original lease area
by 30 feet is allowed under Section 6409 as an Eligible Facilities
Request.
existing tower and uses an existing equipment enclosure. If the equipment enclosure is
increased, it must meet setbacks.
20.70.100 Concealed Building Mounted Development Requirements.
The following requirements shall apply:
1. Height: The proposed facility must meet the height requirement of the applicable
zoning category. The antennas can qualify under POMC Section 20.127.360, "Roof- Mounted
Mechanical Equipment", if the antennas are located in a church spire, chimney or fake chimney,
elevator tower, mechanical equipment room, or other similar rooftop appurtenances usually
required to be placed on a roof and not intended for human occupancy.Stand-alone antennas shall
not qualify as rooftop appurtenances.
2. Antennas aesthetics: The antennas must be concealed from view by blending withthe
architectural style of the building. This could include steeple -like structures and parapet walls. The
screening must be made out of the same material and be the same color as the building. Antennas
shall be painted to match the color scheme of the building(s).
3. Feed lines and coaxial cables: Feed lines and cables should be located below the parapet
of the rooftop.
4. Cabinet equipment- If cabinet equipment cannot be located within the building where
the wireless communication facilities will be located, then the City's first preference is to locate the
equipment on the rooftop of the building. If the equipment can be screened by placing the
equipment below the parapet walls, no additional screening is required. If screeningis required, then
the proposed screening must be consistent with the existing building in terms of color, style,
architectural style and material. If the cabinet equipment is to be located on the ground, the
equipment must be fenced with a 6-foot-tall fence, and materials shall be used to screen the
equipment from view. Barbed wire may not be used.
Setbacks:the proposed wireless communication facilities facility must rneet the Setback
of the applicable zoning category ..d.eFe the fadlity is to be IeEated
20.70.110 Non -concealed Building Mounted Development Requirements.
The following requirements shall apply:
1. Height: The proposed facility must meet the height requirements of the applicable
zoning category. If the building where the facility is located is at or above the maximum height
requirements, the antennas are permitted to extend a maximum of 3 feet above the existing roof
line. INon-concealed building mounted facilities shall not qualify as ""Roof -Mounted Mechanical
Equipment" under POMC Section 20.127.360.
2. Antenna aesthetics: The first preference for any proposed facility is to utilize flush -
mounted antennas. Nonflush mounted antennas may be used when their visual impact will be
negated by the scale of the antennas to the building. "Shrouds" are not required unless they provide
a better visual appearance than exposed antennas. Antennas shall be painted to match the color
scheme of the building(s).
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Page 12
1489606.3 - 366922 -0021
[G,mmented [KA79]: If the building meets the setback, the
wireless facility will too.
Commented [KA20]: Most macro antennas are 8 feet tall.
Does this include the height of the antenna?
3. Feed lines and coaxial cables: Feed lines and cables should be located below the parapet
of the rooftop. If the feed lines and cables must be visible, they must be painted to match the color
scheme of the building(s).
4. Cabinet equipment- If cabinet equipment cannot be located within the building where
the wireless communication facilities will be located, then it must be located on the rooftop of the
building. If the equipment can be screened by placing the equipment below theparapet walls, no
additional screening is required. If screening is required, then the proposed screening must be
consistent with the existing building in terms of color, style, architectural style and material. If the
cabinet equipment is to be located on the ground, the equipment must be fenced with a 6-foot-tall
fence and materials shall be used to screen the equipment from view. Barbed wire may not be used.
20.70.120 Utility Pole Co -location.
The following requirements shall apply:
1. Height: The height of a utility pole co -location is limited to 10 feet above the replaced
utility pole, and may be not greater than 50feet in height in residential zones. Withinall other zones,
the height of the utility pole is limited to 50 feet or the minimum height standards of the underlying
zoning, whichever Is greater.) Commented [KA21]: This height restriction is workable for
2. Replacement pole: The replaced utility pole must be used by the owner of the utilitypole small wireless facilities, but not macro facilities in the ROW.
to support its utility lines (phone lines or electric). A replaced utility pole cannot be usedto provide
secondary functions to utility poles in the area.
3. Pole aesthetics- The replaced utility pole must have the color and general appearance
of the adjacent utility poles.
4. Coaxial cabl4- Co.,.,,.abl s limited to 14" in di......eteF,,,..., be attach,, ,ideal.,+,, ...,+44
pole. Coax cables gFeateF than 136" must be placed within the utility pole. The size of thecables is the
5. Pedestrian impact: The proposal shall not result in a significant change in the pedestrian
environment or preclude the City from making pedestrian improvements. if a utility pole is bein,
replaced, consideration must be made to improve the pedestrian environment ifnecessary.l
6. Cabinet equipment: Unless approved by the Director of Public Works, all cabinet
equipment and the equipment enclosure must be placed outside of City right-of-way. If located on
a parcel that contains a building, the equipment enclosure must be located ^ext—te the
bueld*n where it has the least visual impact on surrounding properties. The cabinet equipment must
be screened from view. The screening must be consistent with the existing building in terms of color,
style, architectural style and material. Ifthe cabinet equipment is to be located on the ground, the
equipment must be fenced with a 6-foot-tall fence and materials shall be used to screen the
equipment from view. Barbed wireis not allowed.
Setbacks: Any portion of the wireless communication facilities located within City right-
of-way is not required to meet setbacks. The City will evaluate setbacks on private property under
the setback requirements set forth in POMC Section 20.70.170.
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Page 13
1489606.3 - 366922 -0021
Commented [KA22]: Coax may not be attached directly to
the pole under the national electric safety codes that require
that they be offset by 4-6 feet to remain climbable. Coax
cannot physically be placed within a wood utility pole. This
may not be sufficient volume to allow Verizon's deployment.
Commented [KA23]: This standard is vague. Suggest
requiring ADA compliance for the portion of the sidewalk
directiv impacted by the SWF installation..
20.70.130 Towers -Specific Development Standards.
The following requirements shall apply:
1. Height: Any proposed tower with antennas shall Fneet the height star aFels of the
d StF Ct where the tower w 11 be located.be the minimum height required to achieve the
network obiective.lBird exclusionary devices are not subject to height limitations.
2. Antenna and tower aesthetics: The applicant shall utilize a wireless communication
concealed facility and shall use such methods as to help the tower to blend with the natural and
built environment. The choice of concealing the wireless communication facility must be consistent
with the overall use of the site. For example, having a tower appear like a flagpolewould not be
consistent if there are no buildings on the site. If a flag or other wind device is attached to the pole,
it must be appropriate in scale to the size and diameter of the tower.
3. Setbacks: The proposed wireless communication facilities must meet the setbacks of the
underlying zoning district. If an exception is granted under POMC Section 20.70.170 with regards to
height, the setback of the proposed wireless communication facilities will increase 2 feet for every
Commented [KA24]: This is not a workable standard as
towers and antennas must be above the surrounding buildings
to function, which would not be possible where surrounding
buildings or vegetation is at the zone maximum height. Limiting
the height in this way also discourages collocation.
foot in excess of the maximum permitted height in the zoning district. - Commented [KA25]: what is the rationale for this
4. Color- The color of the tower shall be based on the surrounding land uses. requirement? It is not a safety consideration.
5. Feed lines and coaxial cables: All feed lines and cables must be located within the tower.
Feed lines and cables connecting the tower to the equipment enclosure, which are notlocated within
the wireless communication facility equipment compound, must be located underground.
20.70.140 Request to Use Non -concealed Building Attached in Lieu of a Concealed Building
Attached.
The use of concealed building facilities shall have first priority in all residential and commercial
zones. However, an applicant may request to construct a non -concealed building attached wireless
communication facility in lieu of a concealed wireless communication facility.The following criteria
shall be used:
1. Due to the size of the building and the proposed location of the antennas, the visual
impact of the exposed antennas will be minimal in relation to the building.
2. Cables are concealed from view and any visible cables are reduced in visibility by
sheathing or painting to match the building where they are located.
3. Cabinet equipment is adequately screened from
view.
4. Due to the style or design of the building, the use of a concealed facility would
reduce the visual appearance of the building.
5. The building where the antennas are located is at least 200 feet from any body ofwater
or waterway that is designated as either shoreline or critical area.
20.70.150 Landscaping/Screening.
A. The visual impacts of wireless communication facilities may be mitigated and softened
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1489606.3 - 366922 -0021
through landscaping or other screening materials at the base of the tower, facility equipment
compound, equipment enclosures and ancillary structures, with the exception of wireless
communication facilities located on transmission towers, or if the antenna is mounted flush on an
existing building, or camouflaged as part of the building and other equipment is housed inside an
existing structure. The Community Development Director, Director of Public Works or Hearing
Examiner, as appropriate, may reduce or waive the standards for those sides of the wireless
communication facility that are not in public view, when a combination of existing vegetation,
topography, walls, decorative fences or other features achieve the same degree of screening as the
required landscaping; in locations where the visual impact of the tower would be minimal; and in
those locations where large wooded lots and natural growth aroundthe property perimeter may be
sufficient buffer.
B. Landscaping shall be installed on the outside of fences. Existing vegetation shall be
preserved to the maximum extent practicable and may be used as a substitute for or as a
supplement to landscaping or screening requirements. The following requirements apply:
1. Screening landscaping shall be placed around the perimeter of the equipment cabinet
enclosure, 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 around the perimeter of the
enclosure.
3. The applicant shall utilize evergreens that shall be a minimum of 6 feet tall at the time
of planting.
4. Applicant shall utilize irrigation or an approved maintenance schedule that will insure
that the plantings are established after two years from the date of planting.
C. The applicant shall replace any unhealthy or dead plant materials in conformance withthe
approved landscaping development proposal, and shall maintain all landscape materials forthe life
of the facility. In the event that landscaping is not maintained at the required level,the Community
Development Director, after giving 30 days advance written notice, may maintain or establish the
landscaping at the expense of the owner or operator and bill the owner or operator for such costs
until such costs are paid in full.
20.70.160 Zoning Setback Exceptions.
A. Generally, wireless communication facilities placed on private property must meet setbacks
of the underlying zoning. However, in some circumstances, allowing modifications tosetbacks may
better achieve the goal of this Chapter of concealing such facilities from view.
B. The Community Development Director or Hearing Examiner, depending on the type of
application, may permit modifications to be made to setbacks when:
1. An applicant for a wireless communication facility can demonstrate that placing the
facility on certain portions of a property will provide better screening and aesthetic considerations
than provided under the existing setback requirements; or
2. The modification will aid in retaining open space and trees on the site; or
3. The proposed location allows for the wireless communication facility to be located
greater distance from residentially -zoned properties.
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Page 15
1489606.3 - 366922 -0021
C. This zoning setback modification cannot be used to waive/modify any required setback
required under the State Building Code or Fire Code.
20.70.170 Height Waivers.
A. Where the Hearing Examiner finds that extraordinary hardships, practical difficulties, or
unnecessary and unreasonable expense would result from strict compliance with the height
limitations of the Zoning Code, or the purpose of these regulations may be served to a greaterextent
by an alternative proposal, it may approve an adjustment to these regulations; providedthat the
applicant demonstrates that the adjustments are consistent with the values, objectives, standards,
and requirements of this Chapter, POMC Title 20, and the Comprehensive Land Use Plan, and
demonstrate the following:
1. A particular and identifiable hardship exists or a specific circumstance warrants the
granting of an adjustment. Factors to be considered in determining the existence of a hardshipshall
include, but not be limited to:
a. Topography and other site features;
b. Availability of alternative site locations;
c. Geographic location of property; and
d. Size/magnitude of project being evaluated and availability of co -location.
B. In approving the adjustment request, the Hearing Examiner may impose such conditions as
it deems appropriate to assure consistency with the values, objectives, standardsand requirements
of this Chapter, POMC Title 20, and the Comprehensive Land Use Plan and to ensure that the granting
of the height adjustmentwill not be detrimental to the public safety,health or welfare, or injurious to
other property, and will promote the public interest.
C. A petition for any such adjustment shall be submitted, in writing, by the applicant withthe
application for Hearing Examiner review. The petition shall state fully the grounds forthe adjustment
and all of the facts relied upon by the applicant.
20.70.190 Removal of Abandoned Wireless Communication Facilities.
Any antenna or tower 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 periodof 12 months
shall be considered abandoned, and the owner of such antenna or tower shall remove same within
90 days of receipt of notice from the City notifying the owner of such abandonment. Failure to
remove such abandoned tower shall result in declaring the antenna and/or tower 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.
20.70.200 Standards for Eligible Facilities Modifications.
This section implements § 6409 of the "Middle Class Tax Relief and Job Creation Act of 2012"
(the "Spectrum Act", PL-112- 96; codified at 47 U.S.C. § 1455(a)) see also 47 CFR § 1.6100 - Wireless
Facility Modifications, which requires the City to approve any eligible facilities request for
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1489606.3 - 366922 -0021
a modification of an existing tower or base station that does not substantially change the physical
dimensions of such tower or base station.The intent is to exempt eligible facilities requests from zoning and
development regulations thatare inconsistent with or preempted by Section 6409 of the Spectrum Act, while
preserving the City's right to continue to enforce and condition approvals under this chapter on compliance with
generally applicable building, structural, electrical, and safety codes and with other laws codifying objective
standards reasonably related to health and safety.
A. 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.
a. The term includes, but is not limited to, equipment associated with wireless
communications services such as private, broadcast, and public safety services, as well as
unlicensed wireless services and fixed wireless services such as microwave backhaul.
b. The term includes, but is not limited to, radio transceivers, antennas, coaxial orfiber-
optic cable, regular and backup power supplies, and comparable equipment, regardless of
technological configuration (including Distributed Antenna Systems and small -cell networks).
c. The term includes 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 POMC Section 20.70.200.6, and that hasbeen
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 soleor 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 orhouse
equipment described in subparagraphs (a) and (b) of POW Section 20.70.200.6.
2. "Eligible facilities modification" shall mean and refer to any proposed facilities
modification that has been determined pursuantto the provisions of this chapterto be subjectto this
chapter and that does not result in a substantial change in the physical dimensions of an eligible
support structure.
3. "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.
4. "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.
5. "Proposed facilities modification" shall mean and refer to a proposal submitted by an
applicant to modify an eligible support structure the applicant asserts is subject to review under
Section 6409 of the Spectrum Act, and involving:
a. collocation of new transmission equipment;
b. removal of transmission equipment; or
c. replacement of transmission equipment.
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1489606.3 - 366922 -0021
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, shallmean and be
further restricted to, that area in proximity to the structure and to other transmission equipment
already deployed on the ground.
7. "Substantial Change". A proposed facilities 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 bymore
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 supportstructures, it increases
the height of the structure by more than 10% or more than 10 feet, whichever is greater.
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.
b. For towers not in the public rights -of -way, it involves adding an appurtenance tothe
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 thestandard
number of new equipment cabinets for the technology involved, but not to exceed 4cabinets; 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 thestructure.
C.
1111It entails any excavation or deployment outside of 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 siteiFor any eligible support str et re^.
()llit entails any excavatien er deployment outside the current sitel- Commented [KA26]: Language changed in 2020 FCC
d Order.
t34 . it would defeat the concealment elements of the eligible support
structure; or f
{4) f. it does not comply with conditions associated with the siting approval of
the construction or modification of the eligible support structure or base station equipment
Draft Updated 3/8/2022
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1489606.3 - 366922 -0021
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—"Tower" shall mean and refer to any structure built for the sole or primary purposeof
supporting any antennas and their associated facilities, licensed or authorized by the FCC, including
structures that are constructed for wireless communications services including, butnot 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.
8.
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1489606.3 - 366922 -0021
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 microwavebackhaul.
B. Proposed facilities modification applications are not subject to the application
requirements set forth in POMC Section 20.24.020 but may still require construction permits such
as grading, street excavation, and building permits, and will also require approval of traffic control
plans if traffic will be impacted.
C. City decisions on eligible facilities modifications shall be issued within 60 days from thedate
the application is received by the City, subtracting any time between the City's notice ofincomplete
application or request for additional information and the applicant's resubmittal. Following a
supplemental submission, the City will respond to the applicant within 10 days, stating whether the
additional information is sufficient to complete review of the application.This timing supersedes
Chapter 20.24 POMC.
D. If the City fails to approve or deny an eligible facilities modification within the time frame
for review, the applicant may notify the City in writing that the review period has expired, and that
the application has therefore been deemed granted. iln such ease, allperfor...........................
E. Applicants and the City may bring claims related to Section 6409 (a) to any court of
competent jurisdiction.
20.70.210 Expiration of Wireless Facility Permits.
A wireless facility permit shall automatically expire one year after a Notice of Decision approving
the permit is issued unless a building permit conforming to plans for which the wirelessfacility permit
was granted is obtained within that period of time. If a building permit is not required for the proposed
work, such as changing antennas on an existing tower, then the substantial construction of the
proposed work shall be completed within one year after a Noticeof Decision approving the permit is
issued. The Director of Community Development mayauthorize a longer period for completion of work
if the applicant can demonstrate why additionaltime is required and submits a written request for
extension prior to expiration of the wireless facilities permit.
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Commented iKA27]: The town may impose conditions if it
approves the application but there is no mechanism in state or
federal law that applies conditions automatically, whether they
apply or not, where no action is taken by a jurisdiction.
�mend Section 20.39.270 POMC as
20.39.270 Wireless Telecommunication facilities.
(1) "Wireless telecommunication facility" and "wireless communication facility" both mean' a
facility for the provision of radio waves or wireless telephone or data services and includes the
following:
(a) "Amateur radio operator tower" means a facility used for personal, noncommercial radio
licensed by the Federal Communications Commission.
Commented [KA1]: The code amendments are based on
a prior version of the Tukwila code, which has since been
revised to address a lot of the problems noted here.
(b) "Small ��ireless telecommunicat acility" is a facility that meets the definition contained ,, Commented [KA2]: SWF is the term used in the FCC
inPOMC20.72.030..„,.aA %AAr es;S;tel........ PA ,,,.;,...tuenfaem1ityth,t L..thofthefe11.. ing order.
0 Each antenna is located inside an antenna enclosure of no more than three cubic feet in
volume or, On the case of an antenna that has exposed elements, the antenna and all of its
exposed elements could fit within an imaginary enclosure of ne more than three cubie feet; and
W All other equipment associated with the facility (excluding antennas) us cumulatively no more
than 28 cubic feet on volume.
(c) 'Wireless telecommunication tower" means any mast, pole, monopole, lattice tower or other
structure designed and primarily used to support antennas as further defined in POMC
20.70.200.E and 20.72.030.1
(2) Small cel]wirelesstelecommunication facilities shall be installed in accordance with the CEity=s
Town's adopted Public Works and Engineering Standards and Specifications (PWESS) and shall
meet therequirements of Chapter 20.72 POMC.
(3) Wireless communication facilities, other than small wireless facilities. -shall be installed in
accordance with the requirements ofChal2ter 20.70 POMC.
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Page 1
1489643.3 - 366922 -0021
Commented [KA3]: Why is this definition included?
SWF's are typically placed on utility poles and light
standards.
Adopt a new Chapter 20.72 POMC as follows:
CHAPTER 20.72
SMALL WIRELESS COMMUNICATION FACILITIES
Sections:
20.72.010 Purpose and Scope
20.72.020 Exemptions
20.72.030 Definitions
20.72.040 Federal regulatory requirements
20.72.050 Small wireless facility application process
20.72.060 Small wireless facility application requirements
20.72.070 Small wireless facility review criteria and process
20.72.080 Small wireless facility permit requirements
20.72.090 Small wireless facility modification
20.72.100 Small wireless facility aesthetic, concealment, and design standards
20.72.110 Removal of abandoned small wireless facility
20.72.120 Revocation of permit
20.29.10 Purpose and Scope
A. The purpose of this chapter, in addition to implementing the general purposes of
the Comprehensive Plan and development regulations, is to regulate the activities of permitting,
placement, construction and modification of small wireless facilities in order to protect the
health, safety and welfare of the public while not unreasonably interfering with the development
of a competitive wireless telecommunications marketplace within the City.
B. This chapter provides permitting and review regulations as well as aesthetic,
design and concealment standards for the construction of small wireless facilities both inside and
outside of the public right-of-way. It also provides siting options at appropriate locations within
the City to support existing communications technologies, to adapt to new technologies as
needed, and to minimize associated safety hazards and visual impacts. The siting of small wireless
facilities on existing buildings and structures, colocation of facilities on a single support structure
and visual mitigation strategies are encouraged to preserve neighborhood aesthetics and reduce
visual clutter in the City.
120.72.020 Exemptions
The following facilities are exempt from the provisions of this chapter and shall be
permitted consistent with the applicable development standards outlined in the Land Uses Table
in POMC 20.39.040:
1. Wireless Communications Facilities ("WCFs") used for temporary emergency
communications in the event of a disaster, or emergency preparedness, and for any other public
health or safety purpose, including, by way of illustration and not limitation, any communications
systems utilized by first responders such as police or fire.
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1489643.3 - 366922 -0021
Commented [KA4]: This section belongs in POW 20.70
as temporary facilities are not typically SWFs.
2. Industrial processing equipment and scientific or medical equipment using
frequencies regulated by the FCC.
3. Citizen band radios or antennas operated by federal licensing amateur ("ham")
radio operators.
4. Satellite dish antennas less than two meters in diameter, including direct -to -
home satellite services, when used as secondary use of the property.
5. 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.
6. Eligible facilities requests. See POMC Section 20.70.200.
20.72.030 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 small wireless
facility permit pursuant to this Chapter.
4. "Collocation" means:
a. Mounting or installing antenna equipment on a preexisting structure; and/or
b. Modifying a structure for the purpose of mounting or installing antenna
equipment on that structure.
5. "Director" means the 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.
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1489643.3 - 366922 -0021
8. "Permittee" means a person who has applied for and received a small wireless
facility permit pursuant to this chapter.
9. "Personal wireless services" means commercial mobile services, unlicensed
wireless services, and common carrier wireless exchange access services.
10. "Person" includes corporations, companies, associations, joint stock companies,
firms, partnerships, limited liability companies, other entities, and individuals.
11. "Public right-of-way" or "right-of-way" means land acquired or dedicated for
public roads and streets but does not include:
a. State highways;
b. Land dedicated for road, streets, and highways not opened and not improved for
motor vehicle use by the public;
c. Structures, including poles and conduits, located within the right-of-way;
d. Federally granted trust lands or forest board trust
lands;
e. Lands owned or managed by the state parks and recreation commission; or
f. Federally granted railroad rights -of -way acquired under 43 U.S.C. 912 and
related provisions of federal law that are not open for motor vehicle use.
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 communications.
13. "Small wireless facility" shall mean a wireless telecommunication facility that
meets both of the following qualifications:
a. Each antenna is located inside an antenna enclosure of no more than three
cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna
and all of its exposed elements could fit within an imaginary enclosure of no more than
three cubic feet; and
b. All other equipment associated with the facility (excluding antennas) is
cumulatively no more than 28 cubic feet in volume.
Provided, however, if there is a conflict between this definition and the definition contained
under federal law (47 CFR 1.6002(I)) then the federal law definition shall apply.
14. "Stealth Technique" means stealth techniques specifically designated as such at
the time of the original approval of the small wireless facility for the purposes of rendering the
appearance of the small wireless facility as something fundamentally different than a small
wireless facility including but not limited to the use of non -reflective 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
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1489643.3 - 366922 -0021
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 non motorized users.
19. "Transmission equipment" means equipment thatfacilitates 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.
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 communications 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.
20.72.040 Federal Regulatory Requirements
A. These provisions shall be interpreted and applied in order to comply with the provisions
of federal law. By way of illustration and not limitation, any small wireless facility that has been
certified as compliant with all FCC and other government regulations regarding the human
exposure to radio frequency emissions will not be denied on the basis of RF radiation concerns.
B. Small wireless facilities shall be subject to the requirements of this Code to the extent
that such requirements:
1. Do not unreasonably discriminate among providers of functionally equivalent
services; and
2. Do not prohibit or have the effect of prohibiting the ability of any entity to provide
intrastate or interstate wireless service within The Gity.
20.72.050 Small Wireless Facility Application Process
A. Applicability. Any application for a small wireless facility both inside and 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 Title 12 POMC.
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1489643.3 - 366922 -0021
B. Completeness. An application for a small wireless facility is not complete until the
applicant has submitted all the applicable items required by POMC Section 20.72.060 and, to
the extent relevant, has submitted all the applicable items in POMC Section 20.72.050.0 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 forthe 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 right-
of-way, the applicant shall apply for, and receive approval of a franchise, consistent with the
requirements in Title 12 POMC. An application for a franchise may be submitted concurrently
with an application for 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 POMC Section 20.72.060 and pay the applicable permit fee as set forth in 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 which contains an element not categorically exempt from SEPA review shall
simultaneously apply under Chapter 43.21C RCW and POMC Title 20. Further, any application
proposing small wireless facilities in a shoreline area (pursuant to POMC Chapter 20.164) or in
any critical area (pursuant to POMC Chapter 20.162) 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 POMC Section 20.72.100.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. Utility poles and the use of other public property, structures or
facilities including, but not limited to any park land or facility, any utility land or facility, require
City Council approval of a lease or master lease agreement.
20.72.060 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 to the extent known by the applicant at the time of applicationl. The applicant
shall provide detailed schematics and visual renderings of thesmall wireless facilities, including
engineering and design standards. The application shall have
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1489643.3 - 366922 -0021
Commented [KAS]: The fiber and power runs are
designed and permitted by third parties and the applicant
does not have access to detailed information. Applicant can
show where meet points and hand holds at the pole will be.
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 the project area shall include the
location of the fiber source and power source). Further, the applicant shall include all existing
and proposed improvements related to the proposed location, including but not limited to
poles, driveways, ADA ramps, equipment cabinets, street trees and structures within 50 feet of
the proposed project area.
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 Chapter 20.129 POMC.
3. The applicant's plan forfiberand powerservice, all conduits, cables, wires, handholeds,
junctions, meters, disconnect switches and any other ancillary equipment or construction
necessary to construct the small wirelesscO facility, to the extent to which the applicant is
responsible for installing such fiber and power service, conduits, cables, and related
improvements. Whereanother 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 ee]-facility.
4. A photometric analysis of the roadway and sidewalk within 150feet of the existing
light if the site location includes a new or replacement light pole.
5. Compliance with the applicable aesthetic requirements pursuant to POMC
Section 20.72.100.
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. Such written approval
shall include approval of the specific pole, ^^^:^^^ring and design ci fleat:^^s c the pole
City.as well as assurances that the specific pole can withstand wind and seisrnie loads as well as
pole owner is the 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.
Draft Updated 3/8/22
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1489643.3 - 366922 -0021
Commented [KA6]: PSE is the primary pole owner and it
does not share its engineering data with applicants. It
performs the necessary make ready work and approves
attachment to the pole in a letter format. That is what the
applicant is required to submit in other jurisdictions.
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.
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.
G.A right-of-way use permit application as required by POMC Section 12.04.030.
H. Proof of a valid City of Port Orchard 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.
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.
20.72.070 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 will permit small
wireless facilities only when the application meets the criteria of Chapter 20.72 POMC.
2. Vertical clearance shall be reviewed by the Director 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 POMC Section 20.72.100.
4. No equipment shall be operated so as to produce noise in violation of POMC
9.24.050 or Chapter 173-60 WAC.
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 POMC Section 20.72.100.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:
1. 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
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3. does not exceed the conditions of a small wireless facility as defined by 47 CFR
1.6002(I).
D. Public Notice. The City shall provide notice of a complete application for a small wireless
permit on the City's website with a link to the application. Prior to construction, the applicant
shall provide notice of construction to all impacted property owners within IGO 50 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.
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 bythe Director within 60 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. As an exercise of police powers
pursuant to RCW 35.99.040(2), the small wireless facility permit is not a right-of-way use
permit, but instead a consolidated public works and land use permit and the issuance of a small
wireless facility permit shall be governed by the time limits established by federal law for small
wireless facilities. The general standards applicable to the use of the rights -of -way described
in Chapter 12.04 POMC shall apply to all small wireless facility permits.
20.72.080 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
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1489643.3 - 366922 -0021
Commented [KA7]: The visual impact from a SWF is
typically experienced only by immediately adjacent property
owners. A 50 foot radius is more appropriate.
in safe and working condition. The permittee shall be responsible forth e 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.
E. Operational Activity. The permittee shall commence operation of the small wireless
facility no later than six months after installation. The permittee may request One two
extensions 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.
20.72.090 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 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 permit shall not be required for replacing
equipment within the equipment enclosure or reconfiguration of fiber or power to the small
wireless facilities. An annual blanket right-of-way permit will be required for such routine
maintenance, repair, or replacement and can cover all facilities owned by the applicant.
C. Even if a modification is exempt under this Section, any work on a small wireless facility
in or near the right of way which will impact traffic will require an approved traffic management
plan prior to commencing work.
20.72.100 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:
1. Except for locations in the right-of-way, small wireless facilities are prohibited on
any property containing a 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
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Page 10
1489643.3 - 366922 -0021
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 POMC Section
20.72.100. E.
3. 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 POMC Section 20.72.100.E.3 and comply with the Americans
with Disabilities Act ("ADA"), City construction standards, and state and federal regulations in
order to provide a clear and safe passage within the public 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 identification required by governing law is allowed to be portrayed on any
antenna or equipment enclosure. Any permitted signage shall be located on the equipment
enclosures and be of the minimum amount possible to achieve the intended purpose (no larger
than four by six inches); provided, that signs may be permitted as 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
techniques requirements pursuant to POMC Section 20.72.100.E.3.
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 which 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 POMC Section 20.72.100.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
Draft Updated 3/8/22
Page 11
1489643.3 - 366922 -0021
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 five feet from the existing pole, and the existing pole shall be removed.
6. Side arm mounts for antennas or equipment must be the minimum extension
necessary, and for wooden poles may be no more than 12 inches off the pole, and for non -
wooden poles no more than six inches off the pole.
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.
C. Non -wooden Pole Design Standards. In addition to complying with the applicable
general standards in POMC Section 20.72.100.A and POMC Section 20.72.100.13, small wireless
facilities attached to existing or replacement non -wooden poles inside or outside the right-of-
way shall conform to the following design criteria:
1. Upon adoption of a City standard small wireless facility pole design(s) within the
City's Infrastructure Design and Construction Standards, an applicant shall first consider using
or modifying the standard pole design to accommodate its small wireless facility without
substantially changing the outward visual and aesthetic character of the design. The applicant,
upon a showing that use or modification of the standard pole design is either technically or
physically infeasible, or that the modified pole design will not comply with the City's ADA 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
this POW Section 20.72.100.C., subsections 2 through 8. In addition, if the City has not yet
adopted such Infrastructure Design and Construction Standards, then subsection 2 through 8
will apply.
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-twelveinchesloff 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
Draft Updated 3/8/22
Page 12
1489643.3 - 366922 -0021
Commented [KA8]: in hilly terrain, panel antennas need
the clearance to tilt to aim the antennas to accommodate
terrain and other obstructions.12 inches has been accepted
in other WA cities.
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 that they appear as a continuation of the original
pole, including colored or painted to match the pole, and shall be shrouded or screened to
blend with the pole except for canister antennas, which shall not require screening. To the
extent technically feasible, all cabling and mounting hardware/brackets from the bottom of
the antenna to the top of the pole shall be fully concealed and integrated with the pole.
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.
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 POMC Section 20.72.100.A and POMC Section 20.72.100.B, 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.
Draft Updated 3/8/22
Page 13
1489643.3 - 366922 -0021
Commented [KA9]: VZ-What is the depth of your
standard cabinet?
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.
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 POMC Section 20.72.100.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 which are mounted on wooden
poles, shall not be mounted more than six inches from the
Draft Updated 3/8/22
Page 14
1489643.3 - 366922 -0021
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 POMC Section 20.72.100.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 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. In addition to
complying with the applicable general standards in POMC Section 20.72.100.A and POMC
Section 20.72.100.6, small wireless facilities proposed to be attached to new poles shall
comply with the following:
1. New poles within the rights -of -way 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 panel mount or separate structure; and
b. The proposed small wireless facility receives approval for a stealth technique
design, as described in POMC Section 20.72.100.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 Critical Areas ordinance, Chapter 20.162 POMC, except when determined to be
exempt pursuant to said ordinance.
Draft Updated 3/8/22
Page 15
1489643.3 - 366922 -0021
2. An application for a new pole is subject to administrative review by the Director.
3. All new poles shall conform to the City's standard pole design adopted in the City's
Infrastructure Design and Construction Standards. If no existing metered service is available,
the applicant shall provide new metered electrical service. If the City's standard pole design is
technically infeasible, or such standards have not yet been adopted by the City, then the new
pole shall meet the following:
a. The stealth technique design shall include the design of the screening, fencing, or
other concealment technology 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.
b. 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 an area with
design standards, 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 POMC
Section 20.72.100.A.
c. 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 POW Section
20.72.100.A.
d. Even if an alternative location is established pursuant to POMC Section
20.72.100.E.1.a, the Director maylat the request of the Applicant determine that a new pole Commented [KA10]: The location of the pole is part of
in the right-of-way is in fact a superior alternative based on the impact to the City, the stealth network design that is not within the purview or expertise
of the city. Applicant must have input into whether an
technique design, the City's Comprehensive Plan and the added benefits to the community. alternative location can be chosen.
e. 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
Draft Updated 3/8/22
Page 16
1489643.3 - 366922 -0021
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 POMC Section 20.72.100.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;
3. The strand -mounted devices shall be placed as close as feasible to the nearest
utility pole, in no event more than five feet from the pole unless that location is technically
infeasible or is not allowed by the pole owner for safety clearance;
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; and
6. Pole -mounted equipment shall comply with the requirements of POW Section
20.72.100.A and POW Section 20.72.100.6.
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 POMC Section 20.72.100.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 textured and
painted- or Icolored and * t,-rpd to match the adjacent building surfaces.
Draft Updated 3/8/22
Page 17
1489643.3 - 366922 -0021
Commented [KA11]: 5G millimeter wave antennas
cannot be painted.
20.72.110 Removal of Abandoned Small Wireless Facility
Any small wireless 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 the City declaring the facility a public
nuisance. If there are two or more users of a single pole or structure, then this section shall not
become effective as to require removal of the pole/structure/tower itself until all users cease
using the pole/structure/tower.
20.72.120 Revocation of Permit
A permit issued under this chapter may be revoked, suspended or denied for any one or
more of the following reasons:
1. Failure to comply with any federal, state, or local laws or regulations.
2. Failure to comply with 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.
Draft Updated 3/8/22
Page 18
1489643.3 - 366922 -0021
From:
Nick Bond
Sent:
Tuesday, April 5, 2022 1:41 PM
To:
Jennifer S. Robertson; Jim Fisk
Subject:
FW: Port Orchard Wireless Code Update-Verizon redlines
attached
More feedback from Kim Allen.
Nick
From: Kim Allen <kim.allen@wirelesspolicy.com>
Sent: Tuesday, April 5, 2022 12:32 PM
To: Nick Bond <nbond @cityofportorchard.us>
Subject: Re: Port Orchard Wireless Code Update-Verizon redlines attached
Thanks, Nick. One correction -my margin note to 20.70.120 (4)Utility Pole Co -location, should
read 4-6 inches, not feet. The idea is that a climber must be able to keep his rope around the
pole as he climbs.
Kim Allen
Senior Vice President, Land Use Entitlements and Strategic Planning
WhG' 1
Wireless Policy Group, LLC
1420 W. Gilman Blvd. #9030, Issaquah WA 98027
(425)628-2666-office
Kim.allen@wirelesspolicy.com
From: Nick Bond <nbond@cityofportorchard. us>
Date: Monday, April 4, 2022 at 12:39 PM
To: Kim Allen <kim.allen@wirelesspolicy.com>
Subject: RE: Port Orchard Wireless Code Update-Verizon redlines attached
Kim, thanks for your comments. I have forwarded this to our planner Jim Fisk and the city attorney for
review.
Nicholas M. Bond, AICP
Development Director
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
(360) 876-7049
From: Kim Allen <kim.allen@wirelesspolicy.com>
Sent: Monday, April 4, 2022 10:44 AM
To: Nick Bond <nbond@cityofportorchard.us>
Subject: Re: Port Orchard Wireless Code Update-Verizon redlines attached
Good morning, Nick -
Well, it's been awhile and I hope this finds you and Port Orchard doing well. I still live in Olalla
so this is a hometown as well as professional interest in another run at a wireless code
update. I attach Verizon's redlines for your consideration and inclusion in the record for the PC
meeting tomorrow night.
As you can see from the initial comments, it looks like you used an earlier version of the Tukwila
code. Tukwila went back last year to fix a number of problems in the earlier draft, many of
which are noted here in our redline. The current Tukwila code is attached. We would like to
work with your team to provide input on the issues identified so your code is workable, feasible
and compliant with rapidly changing federal law.
I am pretty wide open tomorrow if you would like a call to discuss. I believe AT&T may submit
comments, so I would be glad to set up a call to provide their feedback as well.
Thanks -
Kim Allen
Senior Vice President, Land Use Entitlements and Strategic Planning
WPG WGROUP IRcYP LS POLICY
1— LC
Wireless Policy Group, LLC
1420 W. Gilman Blvd. #9030, Issaquah WA 98027
(425) 628-2666-office
Kim.allen@wirelesspolicy.com
From: Nick Bond <nbond @cityofportorchard.us>
Date: Tuesday, July 24, 2018 at 8:43 AM
To: Kim Allen <kim.allen@wirelesspolicy.com>
Subject: RE: Port Orchard Wireless Code Update -Example franchises
Thank you!
Nick
From: Kim Allen <kim.allen@wirelesspolicy.com>
Sent: Monday, July 23, 2018 5:05 PM
To: Sharon Cates <sharon@lighthouselawgroup.com>
Cc: Nick Bond <nbond@cityofportorchard. us>
Subject: Port Orchard Wireless Code Update -Example franchises
Hi Sharon and Nick -
I appreciate you taking the time to discuss the permit v. franchise concept for your code update. Per our
discussion, I am attaching 2 sample franchises for small cells. I am also attaching some example photos
that the city of Everett chose to illustrate the types of acceptable and unacceptable small cell designs.
Please let me know if you would like to discuss further.
Many thanks -
Kimberly Allen
Senior Vice President, Land Use Entitlements and Strategic Planning
Wireless Policy Group LLC
Box 34628, #75604
Seattle WA 98124
425-628-2666 Office
kim.allen@wirelesspolicy.com
This message and any attachments to it may contain PRIVILEGED AND CONFIDENTIAL ATTORNEY
CLIENT INFORMATION AND/OR ATTORNEY WORK PRODUCT exclusively for intended
recipients. Please DO NOT FORWARD OR DISTRIBUTE to anyone else. If you receive this message in
error, please contact Kim Allen at 425-628-2666 or kim.allen@wirelesspolicy.com
20.68.010 Accessory dwelling units — Defined.
An accessory dwelling unit is a separate, complete dwelling unit associated with, attached to or
contained within the structure of the primary home or use. An ADU may be either an accessory
apartment (attached dwelling) or a backyard cottage dwelling.
20.68.020 Accessory dwelling units — Purpose.
(1) Intent. Accessory dwelling units (hereinafter referred to as "ADUs") are intended to:
(a) Provide homeowners with a means of providing for companionship and security.
(b) Add affordable units to the existing housing supply.
(c) Make housing units within the city available to moderate income people.
(d) Provide an increased choice of housing that responds to changing needs, lifestyles (e.g.,
young families, retired), and modern development technology.
(e) Protect neighborhood stability, property values, and the single-family residential appearance
by ensuring that ADUs are installed in a compatible manner under the conditions of this chapter.
(f) Increase density in order to better utilize existing infrastructure and community resources
and to support public transit and neighborhood retail and commercial services.
(g) Provide a means for commercial and industrial sites to have a resident caretaker or security
officer.
20.68.030 Accessory dwelling units — Decision type.
An ADU permit is a Type I action and shall be reviewed and considered in accordance with the
procedures for such actions as set forth in Subtitle II of this title.
20.68.040 Accessory dwelling units — Administration.
The planning director shall have the authority to develop and implement procedures to administer and
enforce this chapter.
20.68.050 Accessory dwelling units — Property ownership.
For the purposes of this chapter, "property owner" and "homeowner" shall mean the owner of a
property according to the title of record, or the beneficiary of a legal trust or guardianship.
20.68.060 Accessory dwelling units — Commercial and industrial development — Code applicability.
The following subsections of this chapter do not apply to the construction or establishment of an ADU
that is accessory to a commercial or industrial use:
(1) POMC 20.68.100(1) and (5).
(2) POMC 20.68.110(9).
20.68.070 Accessory dwelling units — Application procedures.
(1) Procedures. Any property owner seeking to establish an ADU shall apply for approval in accordance
with the following procedures:
(a) Application. Prior to installation of an ADU, the property owner shall apply for an ADU
permit. A complete application shall include a properly completed application form, floor and
structural plans for modification, a site plan if detached structures or an addition are proposed,
and fees as prescribed in subsection (1)(b) of this section.
(b) Fees. Upon sale of the property, the new property owner shall be required to sign a new
affidavit and to register the ADU, paying the applicable fee in accordance with the city's adopted
fee schedule. If new or upgraded water or sewer connections are required, water and/or sewer
connection fees shall be required in accordance with POW Title 13.
(c) Accessory Dwelling Unit Agreement. The owner of any property containing an ADU shall
record with the Kitsap County auditor an accessory dwelling unit agreement and notice to title
for the ADU. Such agreement and notice shall be approved by the planning director, on a form
approved by the city council, and shall include as a minimum: (i) the legal description of the
property which has been permitted for the ADU; (ii) affirmation that the owner shall occupy
e;theF the main building or the ADU (unless the ADU 05 within a cemmercial eF industFial
development a^c' that the property owner agrees to all requirements provided in this chapter;
and (iii) the conditions necessary to apply the restrictions and limitations contained in this
section.
The property owner shall submit proof that the agreement and notice to title have been
recorded prior to issuance of an ADU permit. The ADU agreement and notice to title shall run
with the land as long as the ADU is maintained on the property. The property owner may, at any
time, apply to the planning director for a termination of the ADU agreement. Such termination
shall be granted upon proof that the ADU no longer exists on the property and that a notice to
title has been recorded which states that the ADU has been removed.
(d) Permit. Upon receipt of a complete application, application fees, proof of recorded accessory
dwelling unit agreement, and approval of any necessary building or other permits, an ADU
permit shall be issued.
20.68.080 Inspection.
The Ccity shall inspect the property to confirm that minimum and maximum size limits, required parking
and design standards, and all applicable building, health, safety, energy, and electrical code standards
are met. (Ord. 021-20 § 2; Ord. 011-19 § 4 (Exh. 1)).
20.68.090 Violations.
A violation of this chapter regarding provision of ownership shall be governed by POMC 20.68.10%9� ,
and a vielation of provision of legalization of nonconforming ADUs shall be governed by PO
20.68.100(94. Violations of any other city permit or code requirements shall be governed by Chapter
20.02 POMC.
20.68.3.00 General requirements.
ADUs shall be subject to the following requirements, which shall not be subject to a variance:
(1) ADU permits may only be issued for a legal lot of record zoned for single-family use containing not
more than one single-family dwelling.
(2) Number of ADUs per Lot. No more than one ADU, whether an accessory apartment (attached
dwelling) or a backyard cottage dwelling, shall be permitted on one lot.
(3) Occupancy. The maximum number of occupants in any ADU shall be four persons. Maximum
occupancy may be further limited by Section 1004 (Occupant Load) of the International Building Code.
(4) Composition. The ADU shall include facilities for cooking, living, sanitation, and sleeping.
residence or the ADU. For the PUFposes of this chapter, "occupancy" means that the property owner, i
title FeeeFds, makes his or her legal Fesid-penree att t-he site, as evideneed by IpFepeFty tax, ve
registratien, vehicle registratien, eF SiFAi!aF Fneans, and aEtually resides at the site FnGFe than six ment
out of any given year, and at no tome rents both units. Owners shall recerd a netice on title, as appFOV(
by the eity, whiEh attests te their eEeupanEy and attests that at RA_ tiFAP- Shall they rent both (5) Ownership and Occupancy. The property owner must maintain hiS er her eccupancy On the main
Falsely attesting owner residency shall be a gross misdemeanor subject to a fine not to exceed $5,000
a neluding all statutery costs, assessments, and fees. in additien, ADUs shall not be subdivided or
etheFWise segregated in ownership frern the main building. Nething in this chapter shall be interpretei
as Prohibiting a property owner from renting out a roorn or reerns in their legal residence of occupan
(rnain residence or AIDU) to another resident or residents, or from collecting rent from a reernmate, a
(65) Parking. No off-street parking is required for the ADU; provided, that the minimum required off-
street parking per Chapter 20.124 POMC for the primary use (single-family residence, commercial or
industrial development) is met on the lot or if on -street parking is provided on both sides of the street(s)
abutting the lot. One parking stall shall be provided per ADU if either of the preceding conditions is not
satisfied. If additional ADU parking is provided, parking for a commercial or industrial ADU shall be
located in the rear portion of the lot and shall not be accessed from the front if suitable access to the
rear is available, such as an abutting right-of-way that is or can practicably be developed. Driveways
shall comply with the vehicular access and driveway standards in the city's development guidelines.
(76) Home Businesses and Occupations. Home businesses and occupations shall be allowed, subject to
existing regulations. However, if both the main residence and the ADU contain home businesses, only
one of the two is permitted to receive customers on the premises.
(87) Short -Term Rental. The use of an ADU as a short-term rental shall be allowed, subject to compliance
with the vacation rental and bed and breakfast regulations in POMC 20.39.345.
(98) Legalization of Nonconforming ADUs. Existing ADUs that are made nonconforming by this chapter,
or ADUs legally existing prior to the enactment of these requirements, may be maintained as a legal
nonconforming use in accordance with Chapter 20.54 POMC.
20.68.110 Bulk, location and design requirements.
(1) In commercial or industrial developments, detached ADUs are not allowed, and the ADU shall be
located on or above the second floor of the building in which it is located.
(2) For attached ADUs, the lot must meet the minimum lot dimensional and size requirements of the
applicable zoning designation. Attached ADUs that do not increase the building envelope of an existing
residential structure are exempt from this requirement.
(3) Size. For detached ADUs, refer to POMC 20.32.030, Backyard cottage. For an attached ADU that is
accessory to a detached residential dwelling, the ADU shall not exceed 40 percent of the total square
footage of the residential dwelling and the ADU combined, after modification or construction, or 1,000
square feet, whichever is greater. For an attached ADU that is accessory to a commercial or industrial
use, the ADU shall not exceed 1,000 square feet.
(4) Height. For a detached ADU, refer to POMC 20.32.030, Backyard cottage. For an attached ADU that is
accessory to a commercial or industrial use, refer to the appropriate building type in Chapter 20.32
POMC.
(5) Location. A detached ADU shall be permitted as a second dwelling unit accessory to a detached
dwelling unit and shall be located in the rear yard, in accordance with POMC 20.32.030, Backyard
cottage. An accessory ADU shall be permitted within a detached residential dwelling, or within a
commercial or industrial building.
(6) Setbacks and Lot Coverage. For a detached ADU, refer to POMC 20.32.030, Backyard cottage. For an
attached ADU that is accessory to a commercial or industrial use, refer to the appropriate building type
in Chapter 20.32 POMC. The calculation of lot coverage shall include all buildings on the lot or site,
including the ADU, the primary single-family dwelling (for residential properties), and accessory
buildings. Existing and future accessory buildings, including an ADU, must meet required setbacks for
the relevant zone and building type.
(7) Design —Attached ADUs. An attached ADU shall be designed to maintain the architectural design,
style, appearance, and character of the main building as a single-family residence. If an attached ADU
extends beyond the current footprint or existing height of the main building, such an addition must be
consistent with the existing facade, roof pitch, siding, and windows. Any exterior modification or
addition to a single-family residence shall comply with the design standards in Chapter 20.139 POMC.
Additionally, only one entrance is permitted to be located in the front facade of the dwelling. If a
separate outside entrance is necessary for an attached ADU, it must be located either off the rear or
side of the main building. Such entrance must not be visible from the same view of the building which
encompasses the main entrance to the building and must provide a measure of visual privacy.
(8) Design — Attached ADUs Associated with a Commercial or Industrial Development. The ADU shall be
part of an overall site and building design that complies with the requirements of Chapter 20.127 POMC
(Design Standards), and shall be reviewed in conjunction with the underlying land use or building
permit.
(9) Design — Detached ADUs. A detached ADU shall be designed to complement the architectural design,
style, appearance, and character of the main building by utilizing complementary colors and finish
materials, window styles, and roof design to the main building. The entrance door to a detached ADU
shall not face the same property line as the entrance door to the main building except when the
entrance door to the ADU is located behind the rear wall of the main building. The detached ADU shall
also be subject to the requirements of Chapter 20.139 POMC, Residential Design Standards.
(10) Walkways. For ADUs with a separate exterior entrance, a pedestrian walkway shall be provided
between the ADU and the nearest sidewalk, or where no sidewalk exists, the nearest street right-of-
way. The walkway shall be composed of materials that are distinct from any adjacent vehicle driving or
parking surfaces. The walkway may function as a shared pedestrian/vehicle space; provided, that it is
constructed of distinct materials, is located along an exterior edge of a driving surface, and vehicles are
not permitted to park on the walkway so that pedestrian use is hindered or prevented.
Scope of Work
Housing Action Plan
RCW 36.70A.600(2)
The goal of any such housing plan must be to encourage construction of additional affordable and
market rate housing in a greater variety of housing types and at prices that are accessible to a greater
variety of incomes, including strategies aimed at the for -profit single-family home market. The housing
action plan should:
(a) Quantify existing and projected housing needs for all income levels, including extremely low-
income households, with documentation of housing and household characteristics, and cost -
burdened households;
(b) Develop strategies to increase the supply of housing, and variety of housing types, needed to
serve the housing needs identified in (a) of this subsection;
(c) Analyze population and employment trends, with documentation of projections;
(d) Consider strategies to minimize displacement of low-income residents resulting from
redevelopment;
(e) Review and evaluate the current housing element adopted pursuant to RCW 36.70A.070,
including an evaluation of success in attaining planned housing types and units, achievement of
goals and policies, and implementation of the schedule of programs and actions;
(f) Provide for participation and input from community members, community groups, local builders,
local realtors, nonprofit housing advocates, and local religious groups; and
(g) Include a schedule of programs and actions to implement the recommendations of the housing
action plan.
Commerce will be monitoring the contracts biannually to review progress in meeting milestones,
deliverables and invoicing.
Grant Objective: Develop a housing action plan to encourage construction of
additional affordable and market rate housing in a greater variety of housing types
and at prices that are accessible to a greater variety of incomes, including
strategies aimed at the for -profit single-family home market.
Steps/
Description
Start Date
End Date
Deliverable
Action
Existing conditions review
April 2022
Aug2022
Step 1.1
Analyze population and employment trends,
April 2022
July 2022
with documentation of projections
Step 1.2
Quantify existing and projected housing needs
April 2022
July 2022
for all income levels, including extremely to w-
income households, with documentation of
housing and household characteristics, and
cost -burdened households
Step 1.3
Collect data on type, size, cost, and age of
April 2022
July 2022
housing in the city. Collect data on rental
properties (e.g., type, size, cost, and age) and
percentage of housing stock
Step 1.4
Re view and evaluate the current housing
April 2022
July 2022
elementand other policies regarding housing,
including an evaluation of success in attaining
planned housing types and units, achie vement
of goals and policies, and implementation of the
schedule of programs and actions
Step 1.5
Review the effectiveness of current programs,
April 2022
July 2022
development regulations and permitting
processes related to housing development
Step 1.6
Review land capacity analysis and review
April 2022
July 2022
ability of existing zoning to provide for housing
needs and all income brackets
Step 1.7
Identify areas that may be at higher risk of
April 2022
July 2022
displacement from market forces
DeliveT"
is 7ing Conditions and Housing Needs
Fnialysis
July 29,
1
vs Report
2022
Pro vide for participation and input from
Action 2
community members, communitygroups, local
April 2022
April 2023
builders, local realtors, nonprofit housing
advocates and local religious groups
Step 2.1
Identify groups that should be included in
April 2022
June
outreach
2022
Step 2.2
Conduct public outreach to develop goals and
April 2022
Nov 2022
objectives
Step 2.3
Conduct community survey to identify demand
April 2022
Nov 2022
for housing types among current population
Develop stakeholder groups to gather input
from housing advocates, housing providers and
Step 2.4
social service organizations. Stakeholders may
April 2022
Dec 2022
include residents, developers, neighborhood
associations, tenants, and religious
organizations.
Deliverable
Public Engagement1
Deliverable
Summary of Public•.•- Results• IV
2023
Action 3
Evaluation and Development of Policies and
Aug 2022
Dec 2022
Tools for Increasing Housing Diversity
Step 3.1
Develop strategies to increase the supply of
Aug 2022
Oct 2022
housing, and variety of housing types, needed
to serve the housing needs identified above.
Within urban growth area boundaries, develop
strategies to accommodate moderate density
housing options.
Step 3.2
Develop anti -displacement strategies, including
Aug 2022
Oct 2022
strategies to minimize displacement of low -
Income residents resulting from redevelopment
Step 3.3
Review strategies to plan for and accommodate
Aug 2022
Oct 2022
existing and projected needs of all economic
segments of the community, including
documenting programs and actions needed to
achieve housing availability including gaps in
local funding, barriers such as development
regulations, and other limitations
Step 3.4
Identify local policies and regulations that result
Aug 2022
Oct 2022
in racially disparate impacts, displacement, and
exclusion in housing and identify policies and
regulations to address and begin to undo these
impacts
Step 3.5
Develop a schedule ofprograms and actions to
Nov 2022
Dec 2022
implement the recommendations of the housing
action plan
Delivelr"ousing
Action Plan
c ' 5,
Project Adoption
Jan 2023
Joe
June
Action 4
2023
Step 4.1
Present draft HAP and public hearing before
Jan 2023
Feb 2023
the Planning Commission, make changes as
needed
Step 4.2
Present draft HAP and public hearing before
March
April 2023
the City Council, make changes as needed
2023
Step 4.3
Prepare ordinance and/or resolution for Council
May 2023
May 2023
adoption
Interlocal Agreement Annexation - Option 1
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Developers Fight to Keep 421a Tax Break Amid N.Y.C. Housing Crisis-... https://www.nytimes.com/2022/03/31/nyregion/nyc-tax-credit-housing-cr...
9hexNcwflorkeimeo https://www.nytimes.com/2022/03/31/nyregion/nyc-tax-credit-housing-crisis.html
Will Ending a Lucrative Tax Break Ease or Fuel the N.Y.C. Housing Crisis?
Few big residential projects have been built without the break, known as 421a, which now costs the city $1.77 billion in lost tax revenue every year.
By Matthew Haag and Mihir Zaveri
March 31, 2022
Jackson Park in Queens is a city unto itself: 1,871 luxury apartments in glittering glass towers with a heated rooftop pool, a full-size indoor basketball court and a 1.6-acre
private park. Penthouse residences, whose floor -to -ceiling windows offer panoramic Manhattan views, rent for $8,500 a month.
It also has another distinction. The sprawling development by Tishman Speyer, one of the country's biggest private real estate companies, is the top beneficiary of New York
City's most generous property tax exemption. An annual reduction of $21 million nearly eliminates the tax bill on the site, which is worth an estimated $394 million and opened
in 2018 on a former parking lot in Long Island City.
The subsidy is made possible through a 51-year-old tax -incentive program known as 421a, an esoteric name for a lucrative property -tax exemption that critics say has
worsened the city's housing affordability crisis by encouraging the construction of luxury buildings instead of lower -cost homes.
First introduced in the 1970s, the tax break for builders of multifamily housing in the city was meant to promote new residential construction when New York was facing a
fiscal crisis and few developers were building anything. After the economy rebounded, the subsidy remained and started to evolve, slowly adding various affordability
requirements to qualify for the tax break.
In recent decades, few big residential projects have been built without the tax break, subsidizing the construction of hundreds of thousands of apartments and condominiums.
Its supporters say that a tax incentive is necessary to help produce below -market -rate housing in a city with a dire shortage of homes. But even the industry's lobbying group,
the Real Estate Board of New York City, concedes that the program has not kept up with the city's housing needs.
Now the future of the program, which is set to expire in June, is precarious, with fierce lobbying underway to expand the program or kill it entirely. Gov. Kathy Hochul is
urgently seeking a replacement tax break that promotes slightly deeper and longer -lasting affordability. Supporters, which include the influential real estate industry and
Mayor Eric Adams, say development of much of the desperately -needed affordable housing in New York City could all but disappear without such a program.
But the governor's proposal has placed her at odds with the left wing of the Democratic Party, which is aggressively trying to eliminate the tax break, arguing that no version
of 421a has done nearly enough to stem the housing affordability crisis.
Critics say too many apartments marketed as affordable are only within reach to families making well over $100,000 a year — far higher than the city's median household
income — and that loopholes in the program's different versions have allowed some apartment and condominium buildings to not include any low-cost units.
Since 2014, just 44 units built with the exemption have been offered at the deepest discount possible — for tenants who make 30 percent of the area median income —
according to an analysis by The New York Times. For a family of three, for example, that means an income of about $32,200 a year to qualify to pay $631 a month for a two -
bedroom unit.
Many units target far higher income levels, charging rents "affordable" to families of four earning over $155,000, which is much higher than the average in their surrounding
neighborhoods. The household median income in the city is $67,046, with the Bronx having the lowest level at $42,000.
"The program is indefensible," said Brad Lander, the New York City Comptroller, who has called for the 421a program to be eliminated. "It's a huge giveaway for developers
for just a tiny handful of actually affordable units."
Brad Lander, center, the city's comptroller said the tax break program was "a huge giveaway
for developers for just a tiny handful of actually affordable units." Michelle V. Agins/The New
York Times
Developers have tapped into the tax breaks at such scale that it costs New York City more than $1.77 billion in lost tax revenue annually, double the amount in 2010.
Governor Hochul has included in her budget proposal a plan to revamp the 421a tax program and force developers to build affordable units in all projects, something that is
not currently required. In a significant change, some units would have to be kept "affordable" even after the tax deal expired.
Her proposal has drawn the support of Mayor Eric Adams, who has ties to developers and believes lower -cost housing is hard to build without tax incentives.
"New York City cannot tackle the housing shortage at the root of our affordability crisis without an improved successor to the 421a program," Mr. Adams said in a statement.
But critics say the governor's plan still gives too big of a benefit to developers in return for too little for low-income New Yorkers.
1 of 4 4/5/22, 8:41 PM
Developers Fight to Keep 421a Tax Break Amid N.Y.C. Housing Crisis-... https://www.nytimes.com/2022/03/31/nyregion/nyc-tax-credit-housing-cr...
The governor's proposal also introduces a new benefit for developers, allowing the tax break on condominiums sold to people who earn up to 130 percent of the area median
income, which is currently $83,600 for a single person. The area median income includes New York City and several suburban counties.
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"The stakes are pretty large," said Matt Murphy, the executive director of New York University's Furman Center for Real Estate and Urban Policy. "You have to recognize its
scale, and the policy debate around it is really important: How do you shape it to meet your current generation's values and evolve it, knowing we are going to have a housing
crisis and a low -vacancy city."
The chief criticism of 421a has never changed: It has amounted to a tax giveaway for builders who have used it to erect high -end residences and helped drive the city's
surging housing costs.
The most affordable units are often studios and one -bedroom residences that disqualify families, while larger homes marketed as affordable have relatively high income
requirements.
The PLG, a new residential building in the Prospect Lefferts Garden neighborhood of Brooklyn, has 141 "affordable" units, all requiring tenants to make about 130 percent of
the area median income, the highest possible tier in the program.
In that neighborhood, the median asking price for a two -bedroom unit is $2,400 a month, according to the listings site StreetEasy; at PLG, a two -bedroom "affordable" unit is
$2,710.
From 2016 to 2020, more than two-thirds of two- and three -bedroom units made available through the city's affordable -housing lottery and created through the 421a program
were priced for families who make 130 percent of the area median income, according to a recent report by the Furman Center.
The benefits also extend to commercial tenants, such as a Mercedes-Benz dealership in Midtown Manhattan that has a 20-year tax break, reducing its property taxes by
nearly $2.6 million every year.
In Long Island City, a flurry of rezonings and developments have transformed low -slung buildings and industrial lots into towering luxury apartment buildings, including the
Jackson Park complex.
Tishman Speyer rushed to break ground at Jackson Park to qualify for the 421a tax break only months before a previous, more -generous version of it expired in 2015, and
placed the buildings just outside a designated area that would have required the developer to include below -market apartments.
—�. _7
`.Aj
Tishman Speyer, one of the country's biggest private real estate companies, rushed to build Jackson Park before a previous version of the tax break program expired that did not require
Tishman to include any below -market units. Gabby Jones for The New York Times
If construction had started in 2016, Jackson Park would have had to include some low-cost units because of newer 421a rules. Instead, Jackson Park has none.
A spokesman for Tishman Speyer said the developer took advantage of a tax exemption made available to all developers and followed all its regulations. The company
supports new proposals to increase the affordability of future 421a projects, the spokesman said.
On surrounding blocks, several other developers also rushed to start construction to meet the 2015 deadline. That includes Tower 28, which opened in Long Island City in 2018
and, at 58 floors, was briefly the tallest residential building in the city outside Manhattan. Developed by Heatherwood Luxury Rentals, it has 451 units — none below market.
2 of 4 4/5/22, 8:41 PM
Developers Fight to Keep 421a Tax Break Amid N.Y.C. Housing Crisis-... https://www.nytimes.com/2022/03/31/nyregion/nyc-tax-credit-housing-cr...
The subsidy lowers Tower 28's tax bill by $5.4 million annually. Heatherwood did not respond to requests for comment.
Paula Crespo, a senior planner with the Pratt Center for Community Development, which has criticized the program, said she considers the tax break program "a missed
opportunity, to require something back from the developer for these decades of tax exemptions."
In buildings with condos, the tax break extends to individual owners, an exemption available in some of the most prominent residential projects in Manhattan, including 35
Hudson Yards, a luxury condo tower. Whoever buys the full -floor penthouse on the 90th floor, currently for sale for $49.5 million, would pay just $27,500 in annual property
taxes because of a 421a exemption that lasts 20 years. Without the tax break, the yearly property taxes would be $342,000.
35 Hudson Yards, center, a luxury condo development in Manhattan. Whoever buys a
penthouse on the 90th floor would receive a tax break that would reduce annual property
taxes to $27,500 from $342,000. Gabby Jones for The New York Times
For decades, the Real Estate Board of New York has helped defeat every serious effort by elected officials to eliminate the tax break. Today, the industry group has not
changed its position on preserving the incentive, but its leaders concede that the tax program's many iterations gave rise to luxury housing without enough lower -cost homes.
The group supports the 421a replacement plan proposed by Governor Hochul.
"We're not going to argue to keep the existing program because of that disconnect, that's an important disconnect that needs to be addressed;' said Basha Gerhards, the
organization's senior vice president of planning.
REBNY claims that some tax relief is necessary in New York to produce and maintain affordable housing because land and construction costs and property taxes are so high.
Without assistance, the group said, banks may consider the projects financially infeasible.
"The question is: Do we want these units?" said Zach Steinberg, REBNY's senior vice president of policy, referring to below -market homes. `Because that's what we're
talking about. We need these housing units in New York City."
In the months before it expires, some progressive elected officials and housing advocates have argued that the tax break should be scrapped altogether.
At a recent rally in Downtown Brooklyn, where the tax exemption has fueled a surge in high -end residential construction, Mr. Lander, the comptroller, urged state lawmakers
to instead fix the city's uneven property tax system by lowering tax rates on new apartment buildings, increasing them on condominiums and providing tax relief for low-
income property owners.
Matthew Koziolek, a mental -health therapist, and his wife, a public -school teacher, spent more than a year applying for affordable units on the city's housing lottery website.
With a combined income of about $100,000, the couple qualified, on paper at least, for several apartments in Queens but none that they could actually afford on their budget,
including a two -bedroom residence in Jackson Heights listed at $2,400 a month.
3 of 4 4/5/22, 8:41 PM
Developers Fight to Keep 421a Tax Break Amid N.Y.C. Housing Crisis-... https://www.nytimes.com/2022/03/31/nyregion/nyc-tax-credit-housing-cr...
Matthew Koziolek and his wife Andrea are considering leaving New York because they say the low-cost apartments they qualify for under tax break program are not within their
budget. Gabby Jones for The New York Times
The Jackson Heights building has a 35-year tax break through the 421a program, which cuts its annual tax bill by $185,000.Of its 20 units, 10 are "affordable" apartments
reserved for tenants who make up to 130 percent of the area median income.
"It's not affordable unless you have generational wealth," said Mr. Koziolek, 30, adding that he and his wife are visiting Colorado in April to explore relocating there. "We have
stopped looking on the New York City website because we found it to be a joke:'
Matthew Haag covers the intersection of real estate and politics in the New York region. He previously was a general assignment and breaking news reporter at The Times and worked as an education reporter at The Dallas
Morning News. @matthewhaag
Mihir Zaveri covers housing in New York. @mihirzaveri
Aversion of this article appears in print on, Section A, Page 17 of the New York edition with the headline: Developers Fight to Keep a Tax Break Amid New York's Housing Crisis
4 of 4 4/5/22, 8:41 PM