17.220.050 Overall performance standards.
Wireless Communication Facilities (WCF) (Attached and Detached). Attached and detached wireless communications facilities other than small cell facilities permitted pursuant to Chapter 17.210 SMC or eligible facilities requests shall meet the following performance standards:
(1) All WCFs shall be screened or camouflaged by employing the best available technology. This may be accomplished by use of vegetative screening, compatible materials, location, color, stealth technologies which cause the WCF to appear to be something other than a WCF that is already present in the visual landscape (e.g., grain silos, flag poles, church steeples, trees, etc.). Building-mounted WCFs shall also comply with the screening standards of Chapter 17.112 SMC, Architectural Design Standards.
(2) Separation Distance. In all single-family residential and commercial districts, detached WCFs except for small cell facilities shall be separated by a distance equal to or greater than 1,320 linear feet. WCFs that are co-located upon a single support structure shall count as a single WCF for the purposes of this subsection.
(3) WCFs mounted on existing nonresidential buildings and structures or co-located on existing support structures are permitted with an administrative review and a building permit approved by the planning director. For the purposes of Chapter 17.80 SMC, these proposals shall be considered minor development proposals. Such proposals shall be approved if the following conditions are met:
(a) For minor, building-mounted WCFs, the combined antennas and supporting hardware shall not extend more than 10 feet above the roof structure. Antennas may be mounted to rooftop appurtenances provided they do not extend beyond 10 feet above the roof proper.
(b) For WCFs located on light standards and power poles, all ancillary equipment must be located underground and only one whip antenna less than 10 feet in height or one tubular antenna less than six feet in height shall be permitted. In the event that an electric utility located upon the power pole requires vertical separation between its electric facilities and the antenna so mounted, the antenna may be raised by a mount to accommodate the separation requirement to an elevation not exceeding an additional 10 feet for power poles less than or equal to 40 feet in height or 15 feet for power poles greater than 40 feet in height or the required separation, whichever is less. Any such mount shall be no greater in diameter than the existing power pole and shall be designed to blend into the colors and textures of the existing power pole. The height of such a replacement pole may be increased to accommodate the utility separation requirements as provided in the preceding sentence.
(c) To the greatest extent possible, antennas shall be camouflaged, located and/or designed to minimize visual and aesthetic impacts to surrounding land uses and structures and shall blend into the existing environment. Panel and parabolic antennas shall be completely screened, camouflaged, or disguised.
(d) Where applicable, antennas shall meet architectural design standards as required in Chapter 17.112 SMC.
(4) New freestanding WCFs, all nonexempt repair and maintenance, the expansion and/or alteration of existing WCFs, and all other WCFs not meeting the criteria for an administrative review under subsection (2) of this section require a conditional use permit to be issued by the city’s hearing examiner. For the purpose of Chapter 17.80 SMC, these proposals shall be considered major development proposals. Such proposals shall conform to the following site development standards:
(a) Monopoles.
(i) No monopole shall exceed 120 feet in height from the natural grade of the site. Height shall be measured from the ground to the highest point on the WCF. Such facilities shall be located in such a manner that at least 80 percent of the tower is screened by existing buildings or trees. There shall be a minimum of at least 15 existing or newly planted trees evenly spaced within 50 feet of the tower in such a manner that the maximum screening effect is achieved. Any new trees shall be at least 15 feet in height and maintained in a healthy condition at all times. In the event that any such tree shall become diseased or suffer other mortality, it shall be replaced with a tree meeting the requirements of this subsection.
(ii) Placement of a monopole shall be denied if placement of the antennas on an existing building structure or co-location can provide reasonable opportunities for the provision of personal wireless services.
(iii) A monopole, including the support structure and associated electronic equipment and housing, shall have a minimum setback from the property line(s) equal to the height of the tower. For WCFs located on lots adjacent to residentially zoned properties, the setback requirement shall be two times the height of the proposed WCF tower/facility. The hearing examiner may modify these setback standards if the applicant demonstrates that doing so will allow for improved buffering or camouflaging of the WCF as described in subsection (3)(c) of this section.
(b) Screening – Generally. All WCFs shall be designed and placed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures so as to:
(i) Use existing site features to screen as much of the total WCF as possible from prevalent views; and/or
(ii) Use existing site features as a background so that the total WCF blends into the background with increased sight distances.
(c) Landscaping. In reviewing the proposed placement of a facility on the site and any associated landscaping, the city may condition approval of the application by requiring that the applicant supplement existing trees and mature vegetation to more effectively screen the facility. See also subsection (6)(c) of this section.
(d) Surface Finishes. Support structures, antennas, and any associated hardware shall be painted a nonreflective color or color scheme appropriate to the background against which the WCF would be viewed from a majority of points within its view shed. Proposed color or color scheme shall be approved by the city.
(e) Equipment Enclosures. Equipment enclosures shall conform to the following:
(i) All ancillary equipment necessary for the operation of the facility shall be concealed within (A) an existing building; (B) an architecturally compatible addition to an existing building; or (C) a new building which is architecturally compatible with other buildings on the site and adjoining properties. Equipment enclosures shall be constructed so as to minimize visual impact and the surface and/or finish shall be a natural, nonreflective color approved by the director of planning. Buildings or structures with nonmasonry exterior finishing shall be a natural, nonreflective color. Prefabricated concrete and metal structures shall not be permitted unless treated with a facade giving the appearance of masonry or wood siding and approved by the director of planning;
(ii) Screening of WCF equipment enclosures shall be provided with one or a combination of the following as approved by the city: underground installation (when possible), fencing, walls, landscaping, structures, or topography which will block the view of the equipment shelter as much as practicable from any street and/or adjacent properties. Screening may be located between the enclosure and the above mentioned viewpoints. Landscaping for the purposes of screening shall be maintained in a healthy condition;
(iii) Except as specifically requested by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC), transmission structures shall not be illuminated, except transmitter equipment enclosures may use lighting for security reasons as long as the light is shielded downward to remain within the boundaries of the site; and
(iv) No wireless enclosure reviewed under this section shall be located within required building setback areas.
(f) Criteria for Approval. The following criteria shall apply to all WCFs for which a conditional use permit is required pursuant to this chapter:
(i) Whether the applicant has demonstrated that visual, noise, and other impacts associated with the proposed facility have been minimized to the maximum extent possible using existing concealment technology, site design, noise abatement techniques, concealment, disguise, camouflage, and/or the use of architecturally compatible improvements to existing and/or new structures, and/or underground placement of ancillary equipment. In evaluating the site design, consideration will be given to whether the facility will blend into the surrounding topography, tree coverage, foliage, and other natural and/or built features and whether locating the facility in alternative locations upon the subject property, or other reasonably available properties, would better conceal the facility;
(ii) Whether the applicant has demonstrated that the design of the proposed facility complies with the purpose and intent of this chapter;
(iii) Whether alternative locations, including other co-locations and alternative support structures, are available for the proposed facility;
(iv) Whether the proposed facility will be compatible with present and potential surrounding land uses;
(v) Whether the beneficial impacts of the proposal outweigh the detrimental impacts of the proposal; and
(vi) Whether approval of the proposed facility would endanger the public health, safety, or general welfare.
(g) Public Hearing. The hearing examiner shall conduct an open public hearing prior to acting on conditional use permit applications under this chapter.
(5) Lattice and guyed towers shall not be permitted in the city.
(6) Security fencing, if used, shall conform to the following:
(a) No fence shall exceed six feet in height;
(b) Security fencing shall be effectively screened from view through the use of appropriate landscaping materials; and
(c) Chain-link fences shall be painted or coated with a nonreflective color, and shall have a minimum three-foot-wide area to be planted with approved plant species in a manner that will completely screen the fencing.
(7) Noise. No equipment shall be operated at a WCF (attached or detached) so as to produce noise in excess of the applicable noise standards under applicable municipal code, except for in emergency situations requiring the use of a backup generator, where the noise standards may be exceeded on a temporary basis. Air conditioning and ventilation equipment associated with the ancillary equipment of the WCF shall be designed and configured in a manner so that noise impacts on adjacent properties with residential uses are minimized to the maximum extent practicable through the use of baffling and/or other noise attenuation techniques and that the noise levels generated by the ancillary equipment otherwise comply with applicable noise regulations adopted by the city. In descending order, preference shall be given to the following configurations of air conditioning and ventilation equipment: (a) orientation toward properties with nonresidential uses; (b) orientation toward streets; and (c) orientation toward the furthest residential use.
(8) Co-location. It is the policy of the city to minimize the number of detached WCFs and to encourage the co-location of more than one WCF on a single support tower. No new detached WCFs may be constructed unless it can be demonstrated to the satisfaction of the permit authority that existing support towers are not available for co-location of an additional WCF, or that their specific locations do not satisfy the operational requirements of the applicant. In addition, all detached WCFs shall be designed to promote facility and site sharing. All facilities shall make available unused space for co-location of other telecommunication facilities, including space for those entities providing similar, competing services. Co-location is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go offline for a period of time. Nothing in this section shall prohibit the owner of an existing facility from charging a reasonable fee for co-location of other telecommunications facilities.
(9) Abandonment and Obsolescence. A WCF shall be removed by the facility owner within six months of the date it ceases to be operational or if the facility falls into disrepair.
(10) Maintenance. All WCFs shall be maintained in good and safe condition and in a manner that complies with all applicable federal, state and local requirements.
(11) Electromagnetic Emissions. All applicants shall demonstrate compliance with all applicable FCC regulations regarding the radio-frequency emissions of WCFs. If at any time radio-frequency emissions exceed any of the standards established by the FCC, the applicant shall immediately discontinue use of the WCF and notify the city. Use of the WCF may not resume until the applicant demonstrates that corrections have been completed which reduce the radio-frequency emissions to levels permitted by the FCC.
(12) Special Exceptions. When adherence to the development standards would result in a significant gap in coverage for a WCF or prevent an applicant from addressing a significant capacity need, a special exception may be granted by the approval authority if the permit authority determines that the proposal utilizes the least intrusive means of closing the gap in coverage or addressing the capacity need, as applicable. The applicant has the burden of proof of establishing the gap or need and that the proposal is the least intrusive means of so doing.
(13) Use of City Right-of-Way. Any telecommunications carrier who desires to construct, install, operate, maintain, or otherwise locate telecommunication facilities in, under, over, or across any public right-of-way of the city for the purpose of providing telecommunications services shall obtain permission from the city, and enter into a right-of-way franchise agreement authorizing use of the city right-of-way. Small cells attached to utility poles, streetlights and traffic signals are exempted from the setback requirements.
(14) Conditional Use Permit Criteria. In addition to any performance standards for conditional use permits under applicable municipal code, a conditional use permit for a detached WCF other than a small cell in the public right-of-way shall only be approved if the wireless provider can demonstrate that no other attached WCF alternative(s) are available that can provide the same level of service coverage to the targeted area. (Ord. 1469 § 7 (Att. F), 2019).