Ordinance 4141ORDINANCE NO.4141
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING AN INTERIM ZONING
ORDINANCE TO AMEND CHAPTER 20.50 OF THE
EDMONDS COMMUNITY DEVELOPMENT CODE,
ENTITLED "WIRELESS COMMUNICATION FACILITIES,"
DECLARING AN EMERGENCY NECESSITATING
IMMEDIATE ADOPTION AND EFFECTIVENESS OF THIS
INTERIM ZONING ORDINANCE.
WHEREAS, in the Telecommunications Act of 1996 (the 1996 Act), Congress enacted
sweeping new provisions intended to facilitate the deployment of telecommunications
infrastructure; and
WHEREAS, several provisions of the 1996 Act speak directly to Congress's determination
that certain state and local regulations are unlawful; and
WHEREAS, Section 253(a) provides that "[n]o State or local statute or regulation, or other
State or local legal requirement, may prohibit or have the effect of prohibiting the ability of any
entity to provide any interstate or intrastate telecommunications service;" and
WHEREAS, Congress specified in Section 332(c)(7) that "[t]he regulation of the
placement, construction, and modification of personal wireless service facilities by any State or
local government or instrumentality thereof —(I) shall not unreasonably discriminate among
providers of functionally equivalent services; and (II) shall not prohibit or have the effect of
prohibiting the provision of personal wireless services;" and
WHEREAS, Section 332(c)(7) generally preserves state and local authority over the
"placement, construction, and modification of personal wireless service facilities" but with certain
limitations; and
WHEREAS, the Federal Communications Commission (FCC) has authority to interpret
Sections 253 and 332 of the 1996 Act to further elucidate what types of state and local legal
requirements run afoul of the statutory parameters Congress has established; and
1
WHEREAS, America is preparing to transition to the next generation of wireless services,
known as 5G; and
WHEREAS, in preparing for that transition, and to improve existing deficits in their 4G
networks, wireless providers have been increasingly looking to densify their networks with new
small cell deployments that have antennas often no larger than a small backpack; and
WHEREAS, the challenge for the city's policymakers is that the deployment of these small
cell networks will look different than the 3G and 4G deployments of the past, which often involved
the construction of large cell towers; and
WHEREAS, to support advanced 4G or 5G offerings, wireless providers must build out
small cells at a faster pace and at a far greater density of deployment than before; and
WHEREAS, to meet rapidly increasing demand for wireless services and prepare our
national infrastructure for 5G, wireless providers must deploy infrastructure at significantly more
locations using these new, small cell facilities; and
WHEREAS, on September 27, 2018, in the context of the forthcoming small cell
deployment, the FCC found it necessary and appropriate to exercise its authority to interpret the
1996 Act and clarify the preemptive scope that Congress intended by issuing its Declaratory
Ruling and Third Report and Order ("FCC Order"); and
WHEREAS, the FCC asserts that its Order is part of a national strategy to promote the
timely buildout of this new infrastructure across the country by eliminating regulatory
impediments that unnecessarily add delays and costs to bringing advanced wireless services to the
public; and
WHEREAS, the FCC Order still recognizes that certain reasonable aesthetic considerations
do not run afoul of Sections 253 and 332; and
WHEREAS, the regulations contained herein are intended to, among other things, (1)
ensure that the design, appearance, and other features of wireless facilities are compatible with
nearby land uses; (2) manage the public right-of-way so as to ensure traffic safety and coordinate
various uses; and (3) protect the integrity of the city's historic, cultural, and scenic resources and
the quality of life of Edmonds' citizens; and
2
WHEREAS, the FCC Order states that "aesthetics requirements are not preempted if they
are (1) reasonable, (2) no more burdensome than those applied to other types of infrastructure
deployments, and (3) objective and published in advance;"
WHEREAS, the FCC Order states that "aesthetic requirements that are reasonable in that
they are technically feasible and reasonably directed to avoiding or remedying the intangible public
harm of unsightly or out -of -character deployments are also permissible;" and
WHEREAS, the FCC has given cities until April 14, 2019 to have adopted and published
its aesthetic regulations; and
WHEREAS, the city council finds that these regulations promote the small cell deployment
in a manner that also balances the needs of the community while mitigating the potential negative
impacts of that deployment; and
WHEREAS, the City Council acknowledges that the growing use of smart phones and
other personal devices has created a substantial need for wireless data transmission, including in
single-family neighborhoods; and
WHEREAS, the City Council is the steward of the public right-of-way which will probably
host some of the forthcoming small cell facilities; and
WHEREAS, as steward of the public right-of-way, the City Council must consider the
various competing uses of the public right-of-way, which is already crowded with various wet and
dry utilities both above and below ground, to say nothing of its transportation uses; and
WHEREAS, the City Council recognizes that not all utilities are similarly situated: some
(like water and sewer) can only function below ground; some (like wireless antennas) can only
function above ground; some (like wireline utilities) require the kind of continuity that can only
be provided if they are located in the public right-of-way; and some (like wireless facilities),
because they transit radio frequencies, are less reliant than wireline utilities on the continuity
provided by the public right-of-way; and
WHEREAS, in light of the different needs of the various utilities, and in light of the limited
available space in the right-of-way, the City Council intends to prioritize and preserve the right-
of-way for those utilities that most need it; and
3
WHEREAS, the City Council deems it to be in the public interest to incorporate the FCC
guidelines and provide for the streamlined review of applications and greater flexibility in siting
wireless communications facilities, including small cell facilities, within the City, and at the same
time to further the protection of the public environment through the adoption of small cell design
standards, concealment techniques and dispersion requirements; and
WHEREAS, over the next many years, the deployment of small cell facilities in the
numbers contemplated by the FCC is likely to have a cumulative negative visual impact upon the
City, which threatens to lower the quality of life of the Edmonds citizens; and
WHEREAS, the aesthetic regulations and dispersion requirements contained in this
ordinance are intended to mitigate some of that negative visual impact; and
WHEREAS, the dispersion requirement is intended to ensure that the negative visual
impact is spread evenly throughout the City, and, in so doing, make it less noticeable than it would
be if it was concentrated in certain small cell hot spots containing multiple wireless facilities in
close proximity; and
WHEREAS, it is common for cities to adopt interim regulations when amending their
codes to address new technology; and
WHEREAS, pursuant to RCW 36.70A.390, this interim ordinance may be adopted on an
emergency basis without first holding a public hearing; and
WHEREAS, notwithstanding that authority, the city council held a public hearing on
February 5, 2019; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Chapter 20.50 of the Edmonds Community Development Code, entitled
"Wireless Communication Facilities," is hereby amended to read as set forth in Attachment A
hereto, which is incorporated herein as if set forth in full (new text is shown in underline; deleted
text is shown in stfikethr-oug ).
4
Section 2. Sunset. This interim ordinance shall remain in effect for 180 days from the
effective date or until it is replaced with another ordinance adopting permanent regulations, after
which point it shall have no further effect.
Section 3. Emergency Declaration. The city council hereby declares that an emergency
exists necessitating that this ordinance take effect immediately upon passage by a majority vote
plus one of the whole membership of the council, and that the same is not subject to a referendum
(RCW 35A.12.130). Without an immediate adoption of this interim zoning ordinance, wireless
providers could attempt to have new small cell applications processed pursuant to regulations that
were not intended to apply to such facilities. Therefore, this interim regulation must be imposed
as an emergency measure to protect the public health, safety and welfare by ensuring that the status
of such previously filed applications is addressed herein.
Section 4. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 5. Effective Date. This ordinance shall take effect and be in full force and effect
immediately upon passage, as set forth in Section 3, as long as it is approved by a majority plus
one of the entire membership of the council, as required by RCW 35A.12.130. If it is not adopted
by a majority plus one of the entire membership of the council, then the language declaring an
emergency shall be disregarded, in which case, this ordinance, being an exercise of a power
specifically delegated to the City legislative body, is not subject to referendum and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the title.
Section 6. Adoption of Findings. The city council hereby adopts as findings of fact in
support of the adoption of this ordinance the "whereas" clauses above.
5
APPROVED:
MA OR DAVE EARLING
ATTEST/AUTHENTICATED:
C CLE 1&, SCOTT SSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
J F-W TARA AY
FILED WITH THE CITY CLERK: February 8, 2019
PASSED BY THE CITY COUNCIL: February 12, 2019
PUBLISHED: February 15, 2019
EFFECTIVE DATE: February 20, 2019
ORDINANCE NO.: 4141
SUMMARY OF ORDINANCE NO.4141
of the City of Edmonds, Washington
On the 12" day of February, 2019, the City Council of the City of Edmonds, passed Ordinance
No. 4141. A summary of the content of said ordinance, consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING AN INTERIM ZONING
ORDINANCE TO AMEND CHAPTER 20.50 OF THE
EDMONDS COMMUNITY DEVELOPMENT CODE,
ENTITLED "WIRELESS COMMUNICATION FACILITIES,"
DECLARING AN EMERGENCY NECESSITATING
IMMEDIATE ADOPTION AND EFFECTIVENESS OF THIS
INTERIM ZONING ORDINANCE.
The full text of this Ordinance will be mailed upon request.
DATED this 131" day of February, 2019.
-5;;
C LERK, SCOTT PA EY
7
ATTACHMENT A
Chapter 20.50
WIRELESS COMMUNICATION FACILITIES
Sections:
20.50.010
Purpose.
20.50.020
Applicability.
20.50.030
Exemptions.
20.50.040 Prohibitions.
20.50.050 General macro facility siting criteria and design considerations.
20.50.060 o^r, it Fequ Permits and shot clocks.
20.50.070 Application requirements.
20.50.080 °n xm^y^g +*m^ frames Eligible facilities requests.
20.50.090 New building -mounted macro wireless communication facility standards.
20.50.100 New structure -mounted macro wireless communication facilities standards.
20.50.110 New monopole -mounted macro wireless facility standards.
20.50.120 Temporary facilities.
20.50.130 Med6ficat Small wireless standards (small cell).
20.50.140 Abandonment or discontinuation of use.
20.50.150 Maintenance.
20.50.160 Definitions.
20.50.010 Purpose.
A. The purpose of this chapter is to regulate the placement, construction, modification_
and appearance of wireless communication facilities, in order to protect the health, safety and
welfare of the public, while not unreasonably interfering with the deployment e ^'^^m^^+
of floo--competitive wireless communication facilities throughout telecemrAunicatiens
mad(etplace On the city. The purpose of this chapter may be achieved through adherence to the
following objectives:
1. Protect residential areas and land uses from potential adverse impacts that wireless
communication facilities might create, including but not limited to negative impacts on
aesthetics, environmentally sensitive areas, historically significant locations, flight
corridors, and health and safety of persons and property;
2. Establishment of clear and nondiscriminatory local regulations concerning wireless_
communication facilities telecemrAunicatiens pFevideFs and services that are consistent
with federal and state laws and regulations peFtai^i^^ +^ +^i „�,,,n +; ,n� n ;,I^rs.
3. Encourage providers of wireless communication facilities to locate facilities, to the
N
extent feasi blepessi44e, in areas where the adverse impact on the public health, safety
and welfare eammunity is minimal;
4. For macro facilities, encourageE^c^_ r^o_ the location of those ;.vicele-ss e^^^mi,nmeati^n
facilities in nonresidential areas and allow m a c r o •• arell ^« e AeRg ,.,,,n*eati^^ facilities in
residential areas only when necessary to meet functional requirements of the
communications+^'^^^w,Y .---Pa .-,+;^^, industry as defined by the Federal Communications
Commission;
5. Minimize the total number of macro i.vare'^« in residential
areas;
6. Encourage and, where legally permissible, 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, where doing so would significantly reduce or
eliminate additional*n eFdeF+^ Fedluee r-c-Hp.,ulative negative impact on the city;
7. Ensure wireless communication facilities are configured in a way that minimizes the
adverse visual impact of the facilities, as viewed from different vantage points, through
careful design, landscape screening, minimal impact siting options and camouflaging
techniques, dispersion of unscreened features to lessen the visual impact upon any
one location, 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;
8. Enable wireless communication companies to enter into lease agreements with the city
to use city property for the placement of wireless facilities, where consistent with other
public needs, as a means to generate revenue for the city;
9. Balance the City's intent to minimize the adverse impacts of wireless communication
facilities with 4� &� the ability of the providers of communications+^'^,.^,.,...,,^;eat;ens
services to deploy e such services to the community quickly, effectively and
efficiently;
10. Provide for the prompt 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 as necessary to protect the citizens from imminent harm and
danger;
11. Avoid potential damage to people and adjacent properties from tower failure and
falling equipment, through strict compliance with state building and electrical codes; and
12. Disperse the adverse impacts of small cell facilities as evenly as possible throughout the
community, especially when joint use does not eliminate additional visual impact.a
-
B. In furtherance of these objectives, the city shall give due consideration to the zoning code,
I
existing land uses, and environmentally sensitive areas when approving sites for the location of_
wireless communication facilities+^,.,^rr, AREI ,.,+^.,RaS
C. These objectives were developed to protect the public health, safety and welfare, to
protect property values, and to minimize and disperse visual impact, while furthering the
development of enhanced communication s+^' 'Am + ^^S services in the city. These
objectives were designed to comply with the Telecommunications Act of 1996 and its
implementing regulations. The provisions of this chapter are not intended to and any
ambiguities herein shall not be interpreted in such a manner that would materially inhibit to
the deployment e4eet of pFehibiting peFsenal wireless communication
facilitiesseFvoees. This chapter shall not be applied in such a manner as to unreasonably
discriminate between providers of functionally equivalent peFsenal wireless facilitiesseFvoees.
D. To the extent that any provision of this chapter 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 federally required time periods.a Feasenable peried ^f +;rAe after an
appliea ien- 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 this title, this chapter, the adopted Edmonds
comprehensive plan, and other applicable ordinances and regulations.
F. c,,,-+*^n G-Ano Aef+h^ nn0.J.JI Per'I-,« Tax D Pe110ef -,Y,.J 1Aeh rr -,+im,,., n,-+ f 2012 ^ ided th^
telecepArAungeatien facilities. Specifically, the eity may net deny, and shall appFeve, any eligible
eem+ e t+efacilities mastFneet the—eFiter�a in ECDC 1:.^�2Q(:I). [Ord. 3961 § 1, 2014;
Ord. 3845 § 2 (Att. A), 2011].
20.50.020 Applicability.
A. Except as provided herein, all wireless communication facilities shall comply with the
provisions of this chapter. The standards and process requirements of this chapter supersede
all other review process, setback, height or landscaping requirements of the Edmonds
Community Development Code (ECDC).
B. Environmental. All proposed installations are subject to a threshold determination under
the State Environmental Policy Act (SEPA) according to Chapter 20.15, ECDC unless
categorically exempt pursuant to WAC 197-11-800. All proposals are subject to the critical
areas requirements in Title 23 ECDC and the shoreline master program in Title 24 ECDC
10
C. Master Permit Agreement Needed.
1. Consistent with chapter 35.99 RCW, any person, corporation or entity that proposes to
locate any portion of a wireless communication facility within the city right-of-way must
have a valid fully executed master permit with the city before submitting applications for
right-of-way construction permits.
2. Wireless providers interested in obtaining a master permit must apply as follows to have a
complete application:
a. make application in writing to the city attorney c/o the city clerk's office;
b. submit a proposed master permit form, PROVIDED THAT, this requirement shall no
longer apply in the event that the city council has adopted a standard master permit
template;
c. submit three valid fully executed master permits that the provider has with other
cities in Washington state. PROVIDED THAT. this reauirement shall be excused to the
extent that the provider does not have sufficient valid master permits in other
jurisdictions to meet that requirement;
d. submit a map or maps showing provider's current coverage area within the City of
Edmonds, distinguishing different types of coverage available (e.g. 3G, 4G, 5G) in various
areas of the city, if such distinctions are applicable;
e. submit a map showing provider's existing macro and small cell facilities within the
City of Edmonds;
f. submit a map showing provider's proposed new macro and small cell facilities within
the City of Edmonds over the first two years of the master permit;
g. submit a map showing provider's existing fiber connections within the City of
Edmonds, whether those connection are owned by the provider or a third party;
h. submit a map showing provider's proposed fiber connections within the City of
Edmonds over the first two years of the master permit, whether those connection are
owned by the provider or a third party.
3. After receipt of a complete application, the city attorney and wireless provider shall
negotiate the terms of the master permit until they have agreed on terms that can be
recommended to the city council for final approval. If the city attorney and wireless provider
have not been able to reach agreement on the recommended terms of a master permit
within 120 days of the date the complete application was submitted, the wireless provider
may submit the provider's proposed master permit form to the council president directly
and request that the provider's proposed master permit be added to a forthcoming city
council agenda for consideration. The city council shall conduct a public hearing on the
proposed master permit, including any renewal.
4. The final decision on any proposed master permit shall be subject to legislative discretion
of the city council and the ordinance authorizing the master permit must be approved by a
11
majority of the full council. Any denial of a proposed master permit must be supported by
substantial evidence contained in a written record.
5. Any prior adoption by the city council of a master permit template, as contemplated in
subsection C.2.b, above, is merely intended to facilitate future master permit negotiations
and should in no way be seen as limiting the city council's legislative discretion to approve or
reject a similar master permit that has come before the city council for action.
6. Master permit terms shall not exceed five years. Master permits shall require the City to
be indemnified by the provider and that indemnification shall be support by insurance that
names the City as an additional insured.
D. Right -of -Way Construction Permit. A right-of-way construction permit is required prior to
performing any work within the city right-of-way pursuant to ECDC Title 18. eFexistiRg r
,
[Ord. 3961 § 1, 2014; Ord. 3845 § 2 (Att. A), 2011].
20.50.030 Exemptions.
The following are exemptions from the provisions of this chapter:
A. Radar systems for military and civilian communication and navigation.
B. Handheld, mobile, marine and portable radio transmitters and/or receivers.
C. Satellite antennas, including direct to home satellite services, and those regulated in ECDC
16.20.050(D).
D. Licensed amateur (ham) radio stations and citizen band stations as regulated in ECDC
16.20.050 (E).
E. Earth station antenna(s) one meter or less in diameter and located in any zone.
F. Earth station antenna(s) two meters or less in diameter and located in the business and
commercial zones.
G. Subject to compliance with all other applicable standards of this chapter, a building permit
and/or right-of-way permit application need not be filed for emergency repair or maintenance
of a facility until five business days after the completion of such emergency activity. [Ord.
3961 § 1, 2014; Ord. 3845 § 2 (Att. A), 2011].
20.50.040 Prohibitions.
A. The following wireless communication facilities are prohibited in Edmonds:
1. Guyed towers.
2. Lattice towers.
B. Monopoles are prohibited in the following locations:
12
1. All residential zones (single-family (SF) and multifamily (MF));
2. Downtown waterfront activity center;
3. Public (P) and open space (OS) zoned parcels; and
4. Within the city rights -of -way. [Ord. 3961 § 1, 2014; Ord. 3845 § 2 (Att. A), 20111.
20.50.050 General macro facility siting criteria and design considerations.
A. The city of Edmonds encourages wireless communication providers to use existing sites or
more frequent, less noticeable sites instead of attempting to provide coverage through use of
taller towers. To that end, applicants shall consider the following priority of preferred locations
for wireless communication facilities:
1. Co -location, without an increase in the height of the building, pole or structure
upon which the facility would be located;
2. Co -location, where additional height is necessary above existing building, pole, or
structure;
3. A replacement pole or structure for an existing one;
4. A new pole or structure altogether.
B. Co -location shall be encouraged for all wireless communication facility applications and is
implemented through less complex permit procedures.
1. To the greatest extent technically feasible, applicants for new monopole facilities shall
be required to build mounts capable of accommodating at least one other carrier.
2. Any wireless communication facility that requires a conditional use permit (CUP) under
the provisions of this chapter shall be separated by a minimum of 500 feet from any other
facility requiring a CUP, unless the submitted engineering information clearly indicates that
the requested site is needed in order to provide coverage for the particular provider and
other siting options have been analyzed and proven infeasible.
C. Noise. Any facility that requires a generator or other device which will create noise audible
beyond the boundaries of the site must demonstrate compliance with Chapter 5.30 ECC, Noise
Abatement and Control. 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.
D. Business License Requirement. Any person, corporation or entity that operates a wireless
communication facility within the city shall have a valid business license issued annually by the
city. Any person, corporation or other business entity which owns a monopole also is required
to obtain a business license on an annual basis.
E. Signage. Only safety signs or those mandated by a government entity with jurisdiction may
be located on wireless communication facilities. No other types of signs are permitted on
13
wireless communication facilities.
F. Any application must demonstrate that there is sufficient space for temporary parking for
regular maintenance of the proposed facility.
G. Finish. A monopole may be constructed of laminated wood, fiberglass, steel, or similar
material. The pole shall be a neutral color so as to reduce its visual obtrusiveness, subject to any
applicable standards of the FAA or FCC.
H. Design. The design of all buildings and ancillary structures shall use materials, colors,
textures, screening and landscaping that will blend the facilities with the natural setting and
built environment.
I. Color. All antennas and ancillary facilities located on buildings or structures other than
monopoles 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.
J. Lighting. Monopoles shall not be artificially lighted unless required by the FAA, FCC or other
government entity with jurisdiction. If lighting is required and alternative lighting options are
permitted, the city shall review the lighting alternatives and approve the design that would
cause the least disturbance to the surrounding area. No strobe lighting of any type is
permitted on any monopole. If FAA guidelines would require a strobe, the location shall be
denied unless no other site or combination of sites would provide adequate coverage in accord
with FCC requirements.
K. Advertising. No advertising is permitted at wireless communication facility sites or on any
ancillary structure or facilities equipment enclosure.
L. Equipment Enclosure. Each applicant shall use the smallest equipment enclosure practical
to contain the required equipment and a reserve for required co -location.
M. Radio Frequency Emissions Compliance. The applicant shall demonstrate that the project
will not result in levels of radio frequency emissions that exceed FCC standards, including FCC
Office of Engineering Technology (OET) Bulletin 65, Evaluating Compliance with FCC Guidelines
for Human Exposure to Radio Frequency Electromagnetic Fields, as amended. Additionally, if
the director determines the wireless communication facility, as constructed, may emit radio
frequency emissions that are likely to exceed Federal Communications Commission
uncontrolled/general population standards in the FCC Office of Engineering Technology (OET)
Bulletin 65, Evaluating Compliance with FCC Guidelines for Human Exposure to Radio
Frequency Electromagnetic Fields, as amended, in areas accessible by the general population,
the director may require post -installation testing to determine whether to require further
mitigation of radio frequency emissions. The cost of any such testing and mitigation shall be
borne by the applicant.
N. Landscaping and Screening.
1. The visual impacts of wireless communication facilities should be mitigated and
softened through landscaping or other screening materials at the base of a monopole,
14
facility equipment compound, equipment enclosures and ancillary structures. 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, no landscaping is required. The director
or his designee 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 facility would be minimal; and in those locations where
large wooded lots not capable of subdivision and natural growth around the property
perimeter provide a sufficient buffer.
2. Landscaping shall be installed on the outside of fences in accordance with Chapter
20.13 ECDC. 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:
a. Type I 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.
b. Landscaping area shall be a minimum of five feet in width around the perimeter of
the enclosure.
c. Vegetation selected should be native and drought tolerant.
d. Landscaping shall be located so as not to create sight distance hazards or conflicts
with other surrounding utilities.
3. When landscaping is used, the applicant shall submit a landscaping bond pursuant to
ECDC 20.13.040.
4. The use of chain link, plastic, vinyl or wire fencing is prohibited. Ornamental metal or
wood fencing materials are preferred. [Ord. 3961 § 1, 2014; Ord. 3845 § 2 (Att. A), 2011].
20.50.060 Permits and Shot ClocksPeMffit Fequirements.
A. No person may place, construct, reconstruct, modify or operateppe44y a wireless
communication facility subject to this chapter without first having in place a master permit
agreement pursuant to ECDC 20.50.020.0 and 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 this title and ECDC Title 18. Any wires, cables, conduit or
equipment associated with a wireless communication facility shall be subject to the
requirements of chapter 18.05 ECDC, unless wireless facilities are expressly exempted from a
provision of chapter 18.05 ECDC or the context necessitates that a provision of chapter 18.05
ECDC not aDDly to wireless facilities
B. 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 A29.59.060(13414. In the event of uncertainty on
15
the type of a wireless facility, the director shall have the authority to determine what permits
are required for the proposed facility. The e n,fiti„Ra! use mit types r f r nr.,,,l
are-
de-seri-hed in GhapteF jn n1 ECDC
Type of Wireless Coo nation Canility
PeFMits Required
Building Permit
Condotoonal
Use Permit
r
(C I4
�
Right -of -Way
Pprmot
Building WGURted facilities facilities cn_Inco+ori
x
-
appliGable)
77
or OR existing
s+n ucfi uro e-Ir menepele
New structure _structure nted focakaes in olying .,�, onlacoon+
�
appV—able4
Y (Type 11)
�
Nee M 9le facilities /n.,Ie c nlaos With height r o on+ of
-
Y !os
T�
app4Gable4
;QeFIYiRg ZGRe-iR E-S^r TitI8of
N8W M 9le facilities /ncle o o.Js maximum hoigh+ cf Zcno in
F ^ram vac =cj
Tahle A
Building
Right -of-
FCC Shot
Request
Location
Permit
Required
Way (ROW)
Clocks for
Permit
Permit
Required
Review
Eligible facilities request
Existing
Yes, if on
Yes, if in
60 days
approved WCF
private
ROW
property
New macro facility
Collocation
Yes, if any
Yes, if any
90 days
elements on
elements in
private
the ROW
property
16
Table A
Building
Right -of-
FCC Shot
Request
Location
Permit
Required
Way (ROW)
Clocks for
Permit
Permit
Required
Review
New macro facility
New structure or
Yes, if any
Yes, if any
150 days
monopole
elements on
elements in
private
the ROW
property
New small cell facility
Collocation
Yes, if on
Yes, if any
60 days
private
elements in
the ROW
property
New small cell facility
New structure or
Yes, if any
Yes, if any
90 days
freestanding
elements on
elements in
private
the ROW
small cell pole
property
Temporary facility
Varies
Yes, if any
Yes, if any
Standard
elements on
elements in
permit
private
the ROW
quotes
property
C. Timelines.
1 _ Marro rell_
The application review period beeins when all reauired application materials have been
received and fees paid. If the City determines that the application is incomplete and
provides notice to the applicant within thirty (30) calendar days of the date of application,
the clock stops. The clock restarts when the City receives the applicant's supplemental
submission in response to the City's notice of incompleteness. For subsequent
determinations of incompleteness, the clock tolls (pauses) if the City provides written notice
within ten (10) days that a supplemental submission did not provide the reauested
information.
2. Small cell.
The application review period begins when all required application materials have been
17
received and fees paid. If the City determines that the application is incomplete and
provides notice to the applicant within ten (10) calendar days of the date of application, the
clock stops. The clock resets to zero (0) when the City receives the applicant's supplemental
submission in response to the City's notice of incompleteness. For subsequent
determinations of incompleteness, the clock tolls (pauses) if the City provides written notice
within ten (10) days that a supplemental submission did not provide the requested
information.
D. Batched small cell applications.
If an applicant is applying for a small wireless network in a contiguous service area, up to 15
small wireless facilities may be batched into one application, PROVIDED THAT the application
fee shall still be calculated as if the applications were submitted separately. The director or
his/her designee may approve, deny or conditionally approve all or any portion of the small
wireless facilities proposed in the application. The denial of one or more small wireless facility
locations within one submission shall not be the sole basis for a denial of other locations or the
entire batched application for small wireless facilities. Should an applicant file a single
application for a batch that includes both collocated and new structures for small wireless
facilities, the longer 90-day shot clock shall apply to ensure the City has adequate time to
review the new construction sites.
QE. Any application submitted pursuant to this chapter for projects located on public or
private property shall be reviewed and evaluated by the director, or his designee. The director
of public works or his/her designee shall review all proposed wireless communication facilities
that are located partially or fully within the city rights -of -way. Regardless of whether the
director or the director of public works or their respective designees are reviewing the
application, all applications will be reviewed and evaluated pursuant to the provisions of this
chapter.
0-. F. All applications for wireless communication facilities shall be reviewed for compliance
with the applicable design standards by the director or his/her designee.
G. The applicant is responsible for obtaining all other permits from any other appropriate
governing body with jurisdiction (i.e., Washington State Department of Labor and Industries,
Federal Aviation Administration, etc.).
F--.H. No provision of this chapter shall be interpreted to allow the installation of a wireless
communication facility which minimizes parking, landscaping or other site development
standards established by the Edmonds Community Development Code.
Frl_Wireless communication facilities that are governed under this chapter shall not be eligible
for variances under Chapter 20.85 ECDC. Any request to deviate from this chapter shall be
based solely on the exceptions set forth in this chapter.
4J.Third Party Review. Applicants may 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
il
affect signal paths. In certain instances, a third party expert may be needed to review the
engineering and technical data submitted by an applicant for a permit. The city may at its
discretion require third party engineering and technical review as part of a permitting process.
The costs of the technical third party review shall be borne by the applicant.
1. The selection of the third party expert is at the discretion of the city. 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
proposal. The third party review shall address the following:
a. The accuracy and completeness of submissions;
b. The applicability of analysis techniques and methodologies;
c. The validity of conclusions reached;
d. The viability of other site or sites in the city for the use intended by the
applicant; and
e. Any specific engineering or technical issues designated by the city.
�K. Any decision by the director or the director of public works 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-.L. Notwithstanding other remedies that may be available under federal law, failure of the City
to issue permits within or otherwise comply with the FCC shot clock requirements does not
provide a "deemed" grant of approval for macro or small wireless facilities. No work may occur
until the permit issues."'^ a'+^r-,+;^R,. ^ ehaR es ,."^" She Made to plans ^ ed "., +"^
K. r-^_le-ea+,^P .,f ad,-itie-R l antennas ^ ,.,. fittedPA^.,fA-RM.iRg ^repel is n^+
c-Apr,odprp RGE)HfE)FPAitY Of the
+ " •ght f Rf.,,-.,-,i.,s�e^ llowed [Ord. 3961 § 1, 2014; Ord. K}A�rrE KC1a�c co �rcF -ri c-v�--c+--rrv��cvmvnrrrrr c-i$-crrrwPcv .
3845 § 2 (Att. A), 2011].
20.50.070 Application requirements.
to the requirements f ECDC 7n m nn7 Y,.J +" Are a-,+,,.J ..,a+" +"
.a
n,,,-mit types ef(•re.,eedl it rrnr 29.59.060, the The following information must be
submitted as part of a complete application for a wireless communication facility
permit in the city of Edmonds:
A. Project description including a design narrative, technology description, and co -location
analysis indicating the alternative locations and technologies considered;
B. Existing wireless coverage map overlaid on a current aerial photo showing provider's
19
existing facilities and wireless coverage in the area;
C. Proposed wireless coverage map overlaid on a current aerial photo showing provider's
wireless coverage with the proposed facility;
D. Site information on scaled plans, including:
1. Site plan;
2. Elevation drawings;
3. Utility plan showing existing utilities, proposed facility location, and
u n d e rg ro u n d i n gv„QeKg meta i, ap�c;
4. Screening, camouflaging or landscaping plan and cost estimate (produced in
accordance with Chapter 20.13 ECDC), as appropriate;
E. Photos and photo simulations showing the existing appearance of the site and appearance
of the proposed installation from nearby public viewpoints;
F. Noise report (per ECDC 20.50.050(C)), if applicable;
G. Radio Frequency (RF) emissions standards. The applicant shall provide the certification of an
RF engineer with knowledge of the proposed development that the small cell network will
comply with RF standards adopted by the Federal Communications Commission (FCC). The City
recognizes that the Federal Telecommunications Act of 1996 gives the FCC sole jurisdiction in the
field of regulation of RF emissions and wireless facilities that meet FCC standards shall not be
conditioned or denied on the basis of RF impacts. D,-'ri^ {in^GrueR .,,eFniSSi9RS„k fer the
H. For small cell deployments, the following additional documentation shall be provided as
initial justification for the proposed location pursuant to the site preference criteria set forth in
ECDC 20.50.130.A, as applicable:
1. For installations proposed for Location Preference #2:
a. A coav of the offer letter. certified mail receipts. and affidavit from applicant statin
that no property owners fronting on the same right-of-way within 150 lineal feet of
each proposed small wireless facility location accepted offers to locate the small
wireless facility on an existing building; or
b. An engineering and technical analysis by an engineering data certified Washington
licensed engineer stating it is technically infeasible to locate the small wireless
facility on an existing building fronting on the same right-of-way within 150 lineal
feet of each proposed small wireless facility location.
2. For installations proposed for Location Preference #3:
a. Documentation as required in H.1 above; and
b. A copy of the offer letter, certified mail receipts, and affidavit from applicant stating
that no property owners fronting on the same right-of-way within 150 lineal feet of
each proposed small wireless facility location accepted offers to locate a
freestanding small cell along the property frontage.
20
3. For installations proposed for Location Preference #4:
a. Documentation as required in H.1 and H.2 above; and
b. Evidence that no street light poles exist within 150 lineal feet of each proposed small
wireless facility location, as measured along the right-of-way line; or
c. Written documentation from the pole owner denying the request to install the small
wireless facilitv on anv existing street light poles located within 150 lineal feet of
each small wireless facility location, as measured along the right-of-way.
4. For installations proposed for Location Preference #5:
a. Documentation as reauired in H.1. H.2. and H.3 above: and
b. Evidence that the design standards for a freestanding small cell in the right-of-way
could not be met; and
c. Confirmation by the director of public works that a new street light was not
determined to be needed or could not be located within 150 lineal feet of the
proposed small wireless facility location, as measured along the right-of-way.
5. For installations aroaosed for Location Preference #6:
a. Documentation as required in H.1, H.2, H.3, and HA above; and
b. Evidence that no single-phase power poles exist within 150 lineal feet of each
aroposed small wireless facilitv location. as measured along the right-of-wav line: or
c. Written documentation from the pole owner denying the request to install the small
wireless facility on any existing single-phase power poles located within 150 lineal
feet of each proposed small wireless facility location, as measured along the right-of-
way.
6. For installations proposed for Location Preference #7:
a. Documentation as reauired in H.1. H.2. H.3. HA and H.5 above: and
b. Evidence that no transmission power poles exist within 150 lineal feet of each
proposed small wireless facility location, measured along the right-of-way; or
c. Written documentation from the sole owner denvina the reauest to install the small
wireless facility on any existing transmission power poles located within 150 lineal
feet of each proposed small wireless facility location, as measured along the right-of-
way.
g+I. Any other documentation deemed necessary by the director in order to issue a decision.
[Ord. 3961 § 1, 2014; Ord. 3845 § 2 (Att. A), 2011].
20.50.080 Eligible facilities requests. Review tiMe frames.
This section implements section 6409 of the Spectrum Act (codified at 47 U.S.C. 1455), which
requires the City of Edmonds 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.
A. Definitions. The following definitions only apply to eligible facilities requests as described
in this section and do not apply throughout this chapter.
21
1. Base Station is a structure or equipment at a fixed location that enables FCC -licensed or
authorized wireless communications between user equipment and a communications
network. The term does not encompass a tower as defined herein nor any equipment
associated with a tower. Base station includes. without limitation:
a. Equipment associated with wireless communications services as well as unlicensed
wireless services and fixed wireless services such as microwave backhaul.
b. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and back-up
power supplies, and comparable equipment, regardless of technological configuration
(including distributed antenna systems ("DAS") and small cell networks).
c. Any structure other than a tower that, at the time the relevant application is filed
(with jurisdiction) under this section, supports or houses equipment described in
subsections (A)(1)(a) and (b) of this section that has been reviewed and approved under
the applicable zoning or siting process, or under another State or local regulatory review
arocess. even if the structure was not built for the sole or primary purpose of arovidinR
that support.
The term does not include any structure that, at the time the relevant application is filed
with the City under this section, does not support or house equipment described in
subsections (A)(1)(a) and (b) of this section.
2. Collocation. The mounting or installation of transmission equipment on an eligible
support structure for the purpose of transmitting and/or receiving radio frequency signals
for communication purposes.
3. Eligible Facilities Request. Any request for modification of an existing tower or base
station that does not substantially increase the physical dimensions of such tower or base
station, involving:
a. Collocation of new transmission equipment;
b. Removal of transmission eauioment: or
c. Replacement of transmission equipment.
4. Eligible Support Structure. Any tower or base station as defined in this section;
provided, that it is existing at the time the relevant application is filed with the City.
5. Existing. A constructed tower or base station is existing if it has been reviewed and
approved under the applicable zoning or siting process, or under another State or local
regulatory review process; provided, that a tower that has not been reviewed and approved
because it was not in a zoned area when it was built, but was lawfully constructed, is
existing for purposes of this definition.
6. Site. For towers other than towers in the public rights -of -way, the current boundaries of
the leased or owned property surrounding the tower and any access or utility easements
22
currently related to the site, and, for other eligible support structures, further restricted to
that area in proximity to the structure and to other transmission equipment already
deployed on the ground.
7. Substantial Change. A modification substantially changes the physical dimensions of an
eligible support structure if it meets any of the following criteria:
a. For towers other than towers in the public rights -of -way, it increases the height of
the tower by more than ten (10) percent or by the height of one (1) 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 (10) percent or more than ten (10) feet, whichever is
greater.
(1) 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 other than towers 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 ten (10) 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 one (1) new
equipment cabinet for the technology involved; or, for towers in the public streets and
base stations, it involves installation of any new equipment cabinets on the ground if
there are no preexisting ground cabinets associated with the structure, or else involves
installation of ground cabinets that are more than ten (10) percent larger in height or
overall volume than anv other eround cabinets associated with the structure:
d. It entails any excavation or deployment outside the current 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 the
construction or modification of the eligible support structure or base station equipment;
provided, however, that this limitation does not apply to any modification that is
noncompliant only in a manner that would not exceed the thresholds identified above.
B. Qualification as an Eligible Facilities Request. Upon receipt of an application for an eligible
facilities request, the Director will review the application to determine whether it qualifies as an
eligible facilities request.
23
C. Time Frame for Review. Within sixty (60) days of the date on which a network provider
submits an eligible facilities request application, the Director must approve the application
unless it determines that the application is not covered by this section.
D. Tolling of the Time Frame for Review. The sixty (60) day review period begins to run when
the application is submitted, and may be tolled only by mutual agreement by the Director and
the applicant or in cases where the Director determines that the application is incomplete. The
time frame for review of an eligible facilities request is not tolled by a moratorium on the
review of applications.
1. To toll the time frame for incompleteness, the Director must provide written notice to
the applicant within thirty (30) days of receipt of the application, clearly and specifically
delineating all missing documents or information required in the application.
2. The time frame for review begins running again when the applicant makes a
supplemental submission in response to the Director's notice of incompleteness.
3. Following a supplemental submission, the Director will notify the applicant within ten
(10) days that the supplemental submission did not provide the information identified in
the original notice delineating missing information. The time frame is tolled in the case of
second or subsequent notices pursuant to the procedures identified in this subsection.
Second or subsequent notice of incompleteness may not specify missing documents or
information that was not delineated in the original notice of incompleteness.
E. Determination That Application Is Not an Eligible Facilities Request. If the Director
determines that the applicant's request does not qualify as an eligible facilities request, the
Director must denv the application.
F. Failure to Act. In the event the Director fails to aDDrove or denv a reauest for an eliL-ible
facilities request within the time frame for review (accounting for any tolling), the request is
deemed granted. The deemed grant does not become effective until the applicant notifies the
Director in writinL- after the review period has expired (accounting for anv tollinO that the
application has been deemed L-ranted.
G. To the extent feasible, additional antennas and equipment shall maintain the appearance
intended by the original facility, including, but not limited to, color, screening, landscaping,
camouflage, concealment techniques, mounting configuration, or architectural treatment.
A. Ce LecatedFaciI+ties (BuildingandStFuEtuFe Mewnted).
Rom m
..
wo
e 1 0
NO - - wN pimpffie e e
..........
24
far_- I0tTi
Tac�-ri-cCT
a-{-F(^a G*I*t'meTtT at _A.re I'rr�"T'cl-F'r e� Ar.#aiTed rexiStiR eIe11 h1Id R
st F y GtTfFe� er
b. that de
Fae*kies net
vn Ce
�ef a
substantial1T-*neFe�ase-irT lrC"1"" a sizTthe
"substantial
ineFease On
Fneeneln
`. 7CNrt�TJeetien,
�"
rt�" size
�.111 e
Fne
.!9 TtlLT_7:sii�s�i:nis�ns�s
I AN
_ �'J:�7:T�:TT�T. rtitR�l���.T��i�.TSS7�Gl�i►17S
0
feet, eF mere
the dtiaA-f. t-he meRepele
at thef the appuFteRaRGe,
i.A.xhic-hpvpr
-th,ar
n++hat the m
n+inrt of the n e d -,n+
may
gFeate
.Apa
frAM-inclement
wer3theF eF to GeRA26t the
PAte�l,=A to the eIe via
Gable� eT
�v The .Y e
Intro(. of the d aRt RRa
. ei-iI.J
+h
GYFFeRt McRepele-site,
pFepese
'defined as +h ,
n+ h -,Ada.-*g. f +h I aSP_fA
Ar AWAPH
Fty s
nrdOnr. the + w er Anal -
eF ..tiny easements i
n+ly
pFep,
refeterd is the
site; eF
.dist-rih. ted- n+l,nna system GeRReGtS +., - .-+.ng + w eF eF n+ nn-
&A.
�eTlaa;��h�l�l-mTeet-tf}e�eq;l;Fe+�at„zsef Citex 2��5-EE [Ord. 3961 § 1, 2014; Ord. 3845 §
2 (Att. A), 2011].
20.50.090 New building -mounted macro wireless communication facility standards.
A. Generally. Wireless communication facilities located on the roof or on the side of the
25
building shall be grouped together, integrated to the maximum possible degree with the
building design, placed toward the center of the roof and/or thoroughly screened from
residential building views and from public views using radio frequency -transparent panels.
Building -mounted wireless communication facilities shall be painted with nonreflective colors
to match the existing surface where the antennas are mounted.
B. Height. The following requirements shall apply:
1. Downtown Waterfront/Activity Center (As Identified in the Edmonds Comprehensive
Plan). For buildings at, or which exceed, the height limit of the underlying zone, antennas
shall be flush -mounted and no portion of the antenna may extend above the building on
which it is mounted. For buildings below the height limit, antennas may be built to the
maximum height of the zone provided they are screened consistent with the existing
building in terms of color, architectural style and material. Flush -mounted antennas may
encroach into a required setback or into the city right-of-way if a right-of-way use
agreement is established with the city. Antennas shall not project into the right-of-way by
more than two feet and shall provide a minimum clearance height of 20 feet over any
pedestrian or vehicular right-of-way.
2. Outside the Downtown/Waterfront Activity Center. The maximum height of building -
mounted facilities and equipment shall not exceed nine feet above the top of the roof on
which the facility is located. This standard applies to all buildings regardless of whether
they are at or above the maximum height of the underlying zone. Such antennas must be
well integrated with the existing structure or designed to look like common rooftop
structures such as chimneys, vents and stovepipes.
C. Equipment Enclosure. Equipment enclosures for building -mounted wireless communication
facilities shall first be located within the building on which the facility is located. If an
equipment enclosure within the building is reasonably unavailable, then an equipment
enclosure may be incorporated into the roof design provided the enclosure meets the height
requirement for the zone. If the equipment can be screened by placing the equipment below
existing parapet walls, no additional screening is required. If screening is required, then the
screening must be consistent with the existing building in terms of color, architectural style and
material. Finally, if there is no other choice but to locate the equipment enclosure on the
ground, the equipment must be enclosed within an accessory structure which meets the
setbacks of the underlying zone and be screened in accordance with ECDC 20.50.050(N).
D. Feed Lines and Coaxial Cables. Feed lines and cables should be located below the parapet
of the rooftop, if present. If the feed lines and cables are visible from a public right-of-way or
adjacent property, they must be painted to match the color scheme of the building.
26
Acceptable Building -Mounted WCF
Unacceptable Building -Mounted WCF
[Ord. 3961 § 1, 2014; Ord. 3845 § 2 (Att. A), 2011].
20.50.100 New structure -mounted macro wireless communication facilities standards.
A. Generally. Wireless communication facilities located on structures other than buildings,
such as utility poles, light poles, flag poles, transformers, and/or tanks, shall be designed to
blend with these structures and be mounted on them in an inconspicuous manner.
1. Wireless communication facilities located on structures within unzoned city rights -of -
way adjacent to single-family residential (RS) zones shall satisfy the following requirement:
a. No metal pole or tower shall be used within the right-of-way adjacent to a single-
family zoned neighborhood unless required in order to comply with the provisions of
the State Electrical Code. Wooden poles of height and type generally in use in the
surrounding residential neighborhood shall be used unless prohibited by the State
Electrical Code.
2. Wireless communication facilities located on structures shall be painted with
nonreflective colors in a scheme that blends with the underlying structure.
B. Height.
1. The maximum height of structure -mounted wireless communication facilities shall not
27
exceed the maximum height specified for each structure or zoning district (rights -of -way
are unzoned); provided the wireless communication facility may extend up to six feet
above the top of the structure on which the wireless communication facility is installed.
Antennas and related equipment shall be mounted as close as practicable to the structure.
2. Only one extension is permitted per structure.
3. If installed on an electrical transmission or distribution pole, a maximum 15-foot
vertical separation is required from the height of the existing power lines at the site (prior
to any pole replacement) to the bottom of the antenna. This vertical separation is intended
to allow wireless carriers to comply with the electrical utility's requirements for separation
between their transmission lines and the carrier's antennas.
C. Equipment Enclosure. Equipment enclosures shall first be located underground. If the
enclosure is within the right-of-way, the enclosure shall be underground. If there is no other
feasible option but to locate the equipment enclosure above ground on private property, the
equipment must be enclosed within an accessory structure which meets the setbacks of the
underlying zone and be screened in accordance with ECDC 20.50.050(N).
D. Feed Lines and Coaxial Cable. Feed lines and cables must be painted to closely match the
color scheme of the structure which supports the antennas.
E. Only wireless communication providers with a valid right-of-way use agreement shall be
eligible to apply for a right-of-way construction permit, which shall be required prior to
installation of facilities within the city right-of-way and be in addition to other permits
specified in this chapter.
Acceptable Structure -Mounted WCF
Unacceptable Structure -Mounted WCF
[Ord. 3961 § 1, 2014; Ord. 3845 § 2 (Att. A), 2011].
20.50.110 New monopole -mounted macro wireless facility standards.
A. To the greatest extent technicallv feasible. applicants for new monopole facilities must build
mounts capable of accommodating at least one additional carrier.
B. No part of a monopole, antennas or antenna equipment may exceed the maximum height of
the zone where the facility is located.
C. Monopoles must be completed shrouded. All antennas, equipment and cables must be
concealed.
D. All monopole facilities must conform to the following site development standards:
1. To the greatest extent possible, monopole facilities shall be located where existing trees,
existing structures and other existing site features camouflage these facilities.
2. Existing mature vegetation should be retained to the greatest possible degree in order to
help conceal the facility.
3. Equipment Enclosure. The first preference is for the equipment enclosure to be located
underground. If the enclosure is within the right-of-way, the enclosure must be
underground. If there is no other choice but to locate the equipment enclosure on the
ground, the equipment must be enclosed within an accessory structure which meets the
setbacks of the underlying zone and be screened in accordance with ECDC 20.50.050(N).
29
Least
On
ebjectives and Fegulatiens set feFth this chapteF, this title,
the least in-Fu3+ve up„n the . ndin a
plan,3.
and the CeFnpFehens*ve
30
Acceptable Monopole WCF
31
Unacceptable "^^,;e-Monopole WCF
-
-
-- - - ---
-- - - --- -
...
. ......
..
Re
-- - ----- -
-. ._
.. - ---- --
-- - ---
--- --
-...............
me
m. m. 11111.
. mi
32
R11r_r.■"QLRML �
-------------------- ---
11M N!r:r--ff— 3.231 -.
AQAd*f*i-;#*AAo to hP MAPIP +A rPthAPkr, WhP
h Th I aid i d came the .-ite-,
sr.�rr Eck ���pe�i��u'ce-c�'rr'�i-cr��^vTr-crrc�rc�9+
4.1. A r est f-F a setback , ptien hall be v,- adeat the to e the initial
applicatien is submitted. [Ord. 3961 § 1, 2014; Ord. 3845 § 2 (Att. A), 20111.
20.50.120 Temporary facilities.
A. The installation of a "cell -on -wheels" or COWS and the installation site shall comply with all
applicable laws, statutes, requirements, rules, regulations, and codes, including, but not limited
to, the Uniform Fire Prevention and Building Code and National Electric Code.
B. All COWS and related appurtenances shall be completely removed from the installation site
within 30 days of the date of the end of the emergency as determined by the mayor. [Ord.
3961 § 1, 2014; Ord. 3845 § 2 (Att. A), 2011].
20.50.130 Small wireless standards and approval process. .
Unlike macro facilities which are intended to provide cell coverage over large areas, the goal of
a small wireless deployment is to provide additional capacity in localized areas, including
residential neighborhoods, using smaller antennas and equipment. The intent of this section is
to describe the City's location preferences for small cell deployments and provide appropriate
design standards to ensure that the negative visual impacts of wireless facilities are minimized
and the City's long-term goal of utility undergrounding is not frustrated.
A. Permitted locations.
The City of Edmonds prefers the use of zoned property rather than the public right-of-way for
small wireless facilities. In this way, existing buildings will be used where feasible and individual
landowners may lain some financial benefit from the widespread visual intrusion of wireless
33
deployments into their neighborhoods. Installation on existing building structures will also
minimize the negative visual impact of additional wires, antennas and equipment that may
otherwise be placed on existing utility poles. However, it is understood that a multi -node
deployment may not be able to be located entirely on zoned properties because some property
owners within the desired small cell deployment area may not want to participate or because
of technological factors. In that instance, a mix of zoned property and right-of-way locations
may be used.
1. Small cell attachments to buildings are permitted in any zone and are not subject to the
dispersion requirement below.
2. Disaersion Reauirement: No two small wireless facilities shall be located within 300
lineal feet of each other as measured along the right-of-way line.
3. Installations in the Downtown Business district (BD) zones shall be limited to building
attachments or through the realacement or new installation of a Sternberg street light
designed to contain a small wireless facility.
B. Location hierarchy.
Wireless providers shall attempt to site their small cell facilities pursuant to the following
siting preferences (in descending order starting with the most preferred):
1. Outside the Right -of -Way
a. Location Preference #1- On an existing building.
1) Roof -mounted.
a) Small cell facilities may be built to the maximum height of the underlying zone
(or use the height exception in Sub (c) below) provided they are screened
consistent with the existing building in terms of color, architectural style and
materials.
b) Such facilities must be completely concealed and well integrated with the
existing structure or designed and located to look like common rooftop elements
such as chimneys, elevator penthouses or screened HVAC equipment.
c) Height exception. The maximum height for a small wireless facility above the
underlying zone maximum is 3 feet with a maximum footprint of 12 sq. ft. in
horizontal section.
2) Facade -mounted.
34
a) Small cell antennas may be mounted to the side of a building if they do not
interrupt and are integrated with the building's architectural theme.
b) New architectural features such as columns, pilasters, corbels, or similar
ornamentation that conceals the antennas should be used if it complements the
architecture of the existing building.
c) If concealment is not possible, the antennas must be camouflaged. The
smallest feasible mounting brackets must be used and the antennas must be
painted and textured to match the adjacent building surfaces.
d) Facade -mounted antennas may encroach into a required setback or into the
city right-of-way. Antennas may not project into the right-of-way more than
twelve (12) inches and shall Drovide a minimum clearance heiiaht of 20 feet over
any pedestrian or vehicular right-of-way.
e) All other equipment must be located within the building, screened by an
existing parapet, or completely concealed and well integrated with the existing
structure or designed and located to look like common rooftop elements such as
chimneys, elevator penthouses or screened HVAC equipment. Exposed
cabling/wiring is prohibited.
f) Height exception. Antennas may be located on buildings that are
nonconforming for height provided that they are constructed to be no taller than
the adjacent facade or an existing parapet. Equipment may be located on a roof
behind a Daraaet that is nonconformine for height. Vertical exDansion of the
height nonconformity is prohibited.
b. Location Preference #2 - Freestanding small cell
The specifications provided in this section are for installations on zoned property only,
except as otherwise noted in ECDC 20.50.130.13.2.b. The accompanying diagram shows
a typical pole and its elements.
1) Dimensional requirements
a) A freestanding small cell may not exceed 30 feet in height measured from the
top of the foundation to the top of the cantenna.
b) The equipment cabinet must be between 16 and 20 inches in diameter.
c) The upper pole must be scaled to 0.5 to 0.75 times the size of the equipment
cabinet with a preferred 10 inch minimum outer diameter. The pole diameter
35
must be scaled so that no flat, horizontal surface larger than 1.5 inches exists
between the equipment cabinet and upper pole.
d) The cantenna must have a maximum outer diameter of 14 inches and be
tapered to transition from the upper pole. The cantenna may not exceed 5 feet
8 inches in height.
2) Appearance requirements
a) The same pole aesthetic must
be used along adjacent blocks
to maintain a cohesive
appearance.
b) All small cell carrier eauiament
must be housed internal to the
eauiament cabinet or hidden
within the cantenna. The
cantenna, upper pole and
equipment cabinet must be the
same color, unless otherwise
approved by the Director.
c) All hardware connections shall FIBER
be hidden from view. BPOICErauLL
FINAL
GRADE
d) No equipment may be attached ELECTRICAL—._
to the outside of the pole. CONDUIT
CANTENNA
UPPER POLE
EQUIPMENT GAD INET
STANDARD
FOUNDATION
e) The freestanding small cell
must be served by underground power and fiber, if fiber is to be connected.
f) May provide space for future collocation by another provider inside the same
freestanding small cell pole facilities.
3) Placement requirements. Freestanding small cells shall be located as follows:
a) Located such that thev in no wav impede. obstruct. or hinder the usual
pedestrian or vehicular travel, affect public safety, or violate applicable law.
36
b) Within 5 feet of the street property line (right-of-way) and within 5 feet of a
side property line.
c) Outside the downtown business district (BD) zones.
d) So as not to be located along the frontage of a Historic building, deemed
historic on a federal, state, or local level.
e) So as not to significantly create a new obstruction to property sight lines.
f) In alignment with existing trees, utility poles, and streetlights.
g) With appropriate clearance from existing utilities.
h) On the same side of the street as existing power lines, regardless of whether
power is underground or overhead;
No two freestanding small cell poles may be located within 300 lineal feet of
each other as measured along the right-of-way line.
2. Within the right-of-way
a. Location Preference #3 — Existing/replaced hollow street light pole or utility pole:
1) Combination small cell and streetlight pole should be located where an existing
streetlight pole can be utilized or removed and replaced with a pole that allows
for small cell installation in the same location.
2) Pole design shall match the aesthetics of existing streetlights installed adjacent
to the pole.
3) Where a Sternberg street light exists in the downtown business district (BD)
zones, replacement shall be Sternberg model, designed to contain a small
wireless facilitv.
37
4) The small cell components shall be sized
to be visuallv aleasina. For a combination
pole to be considered visually pleasing,
the transition between the eauipment
cabinet and upper pole should be
considered. A decorative transition shall
be installed over the equipment cabinet
upper bolts, or decorative base cover
shall be installed to match the equipment
cabinet size.
5) The upper pole shall be scaled at 0.5 to
0.75 the size of the equipment cabinet,
with a 10-inch minimum outer diameter.
All hardware connections shall be hidden
from view. No horizontal flat spaces FIBEF
SPLIC
greater than 1.5 inches shall exist on the Box
equipment cabinet to prevent cups, FINAL
GRAC
trash, and other objects from being
ELEC
placed on the equipment cabinet. CONE
ENNA
IAIRE
IAIRE MAST ARM
2 POLE
-M ENT CAB I NET
]ARD
CATION
6) An internal divider shall separate electrical wiring and fiber, per the pole owner.
7) Weatherproof grommets shall be integrated in the pole design to allow cable to
exit the pole, for external shrouds, without water seeping into the pole.
8) For installations on existine street liehts. the antenna shall either be ful
concealed within the pole or placed on top of the pole. A cantenna on top of an
existing pole may not extend more than six (6) feet above the height of the
existing pole and the diameter may not exceed the diameter of the top of the
pole by more than two (2) inches. The antennas shall be integrated into the pole
design so that it appears as a continuation of the original pole, including colored
or painted to match the pole. All cabling and mounting hardware/brackets from
the bottom of the antenna to the top of the pole shall be fullv concealed and
integrated with the pole.
9) Street light pole shall be located as follows:
a. In a manner that does not impede, obstruct, or hinder pedestrian or
vehicular travel.
b. In alignment with existing trees, utility poles, and streetlights.
c. Within the street amenity zone wherever possible.
d. Equal distance between trees when possible, with a minimum of 15-foot
separation such that no proposed disturbance shall occur within the
critical root zone of any tree.
e. With appropriate clearance from existing utilities.
f. Outside 30-foot clear sight triangle (for base cabinets equal to or greater
than 18-inches in diameter) at intersection corners.
10-feet awav from the intersection of an allev with a street.
10) All conduit, cables, wires and fiber must be routed internally in the light pole.
b. Location Preference #4 - Freestanding small cell or new street light
1) Freestandine Small Cell.
a) Refer to subsection 20.50.130.B.1.b for dimensional and appearance
standards.
b) Placement requirements. Freestanding small cells shall be located in
compliance with the following:
i. Located such that they in no way impede, obstruct, or hinder the usual
pedestrian or vehicular travel, affect public safety, obstruct the legal
access to or use of the public ROW, violate applicable law, violate or
conflict with public ROW design standards, specifications, or design
district reauirements. violate the Federal Americans with Disabilities Act
of 1990, or in any way create a risk to public health, safety, or welfare.
ii. Outside the downtown business district (BD) zones.
So as not to be located along the frontage of a Historic building, deemed
historic on a federal. state. or local level.
iv. So as not to significantly create a new obstruction to property sight lines.
39
V. In alignment with existing trees, utility poles, and streetlights.
vi. Within the street amenity zone wherever possible.
vii. Equal distance between trees when possible, with a minimum of 15-foot
separation such that no proposed disturbance shall occur within the
critical root zone of any tree.
viii. With appropriate clearance from existing utilities.
ix. Outside 30-foot clear sight triangle (for base cabinets equal to or greater
than 18-inches in diameter) at intersection corners.
X. 10-feet awav from the intersection of an allev with a street.
xi. On the same side of the street as existing power lines, regardless of
whether power is underground or overhead;
xii. No two freestanding small cell poles may be located within 300 lineal feet
of each other as measured alone the riiaht-of-wav line.
2) New Street Light. The replacement street light pole requirements are also
applicable to the new street light option, except that a street light would be
incorporated into the design of the facility. In addition, the following applies:
a) A street light shall not be installed unless it has been identified by the
director of public works that a street light is necessary at the location in
which the small cell facility is proposed. A street light may be required to be
installed instead of a free standing pole.
b) In the downtown business district (BD) zones, new street lights shall be
Sternberg model, designed to contain a small wireless facility.
c) The cantenna height, including antenna radio equipment, conduit or wires,
brackets, transition shroud, and all other hardware required for a complete
installation — from the top of the mast arm connection to the top of the
cantenna — shall not exceed five (5) feet.
40
c. Location Preference #5 - Existing single-phase power pole (installation on top of pole):
1. A cantenna may not extend more than six (6) feet above the height of the
existing sole and the diameter may not exceed the diameter of the pole b)
more than two (2) inches, measured at the top of the pole, unless the
applicant can demonstrate that more
space is needed. The antennas shall be J.,,,CANTENINIA
integrated into the pole design so that it (TOP MOUNTED)
appears as a continuation of the original —
pole, including colored or painted to
LUMINAIRE & MAST
match the pole. All cabling and ARM
mounting hardware/brackets from the
bottom of the antenna to the top of the EQUIPMENT SHROUD
WITH ANTENNA (SIDE
pole shall be fully concealed. MOUNTED)
2. Equipment enclosures and all ancillary UTILITY POLE
equipment and boxes shall be colored or
painted to match the color of the surface
of the wooden pole in which they are
attached. All related equipment shall not
be mounted more than six (6) inches EQUIPMENT SHROUD
from the surface of the pole, unless a
further distance is technically required,
and is confirmed in writing by the pole XCEL ENERGY METER
WITH DISCONNECT
owner.
SMALL CELL
FIBER
3. All cables and wires shall be routed
through conduit along the outside of the CQNaUIT�L-
pole. The outside conduit shall be
colored or painted to match the color of the surface of the wooden pole.
The number of conduit shall be minimized to the number technically
necessary to accommodate a small cell and shall not increase the number of
conduit on an existing pole to more than 2 conduit.
4. The visual effect of the small cell facility on all other aspects of the
aaoearance of the wooden pole shall be minimized to the greatest extent
possible.
41
5. A wooden pole in a proposed location may be replaced with a taller pole for
the purpose of accommodating a small cell facility; provided, that the height
of any replacement pole may not exceed fifty (50) feet to the top of the
rantanna
6. The replacement pole shall comDly with the Citv's sidewalk clearance
requirements and ADA requirements.
7. The use of the pole for the siting of a small cell facility shall be considered
secondary to the Drimary function of the Dole. If the Drimary function of a
pole serving as the host site for a small cell facility becomes unnecessary, the
Dole shall not be retained for the sole Duraose of accommodatine the small
cell facility and the small cell facility and all associated equipment shall be
removed.
d. Location Preference #6 - Existing transmission power pole (installation in
communication space):
1. Antennas should be Dlaced in an effort to minimize visual clutter and
obtrusiveness. Only one antenna is permitted on each wooden pole.
42
2. The inside edge of a side mounted
canister antenna/equipment --
shroud shall project no more than
twelve (12) inches from the surface ^ UTILITY POLE
of the wooden pole. I P-�rEOUIpMENT SHROUD
3. Antennas and equipment located
within a unified enclosure shall not
exceed four (4) cubic feet. 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.
The unified enclosure may not be
placed more than six (6) inches EQUIPMENT SHROUD
from the surface of the pole, unless
a further distance is technically
required and confirmed in writing
by the pole owner. XCEL ENERGY METER
WITH DISCONNECT
4. Equipment enclosures and all SMALL CELL
ancillary equipment and boxes shall FIBER
be colored or sainted to match the
color of the surface of the wooden
pole in which they are attached. All
related equipment shall not be mounted more than six (6) inches from the
surface of the pole, unless a further distance is technically required, and is
confirmed in writing by the pole owner.
5. All cables and wires shall be routed through conduit along the outside of the
pole. The outside conduit shall be colored or painted to match the color of
the surface of the wooden sole. The number of conduit shall be minimized
to the number technically necessary to accommodate a small cell and shall
not increase the number of conduit on an existing pole to more than 2
conduit.
6. The visual effect of the small cell facility on all other aspects of the
aDDearance of the wooden pole shall be minimized to the greatest extent
possible.
43
7. A wooden pole in a proposed location may be replaced with a taller pole for
the purpose of accommodating a small cell facility; provided, that the height
of any replacement pole may not extend more than ten (10) feet above the
height of the existing pole, 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 Drovide sufficient separation and/or
clearance from electrical and wireline facilities.
8. The replacement pole shall comply with the City's sidewalk clearance
reauirements and ADA reauirements.
9. The use of the Dole for the sitine of a small cell facilitv 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 cell facility becomes unnecessary, the
pole shall not be retained for the sole purpose of accommodating the small
cell facility and the small cell facility and all associated equipment shall be
removed.
e. Location Preference #7 - Strand -mounted.
44
Small cell facilities mounted on cables strung between existing utility poles shall
conform to the following standards:
UTILITY POLE
EQUIPMENT SHROUD
EQUIPMENT SHROU❑
xCELENERGY METER
WITH DISCONNECT
SMALL CELL
FIBER
ELECTRICAL
EQUIPMENT
SHROUD
This graphic is intended to
represent a strand mount antenna.
a) Each strand mounted antenna shall not exceed one (1) cubic feet in volume.
b) Only one strand mounted facility is permitted between any two existing poles.
c) The strand mounted devices shall be placed as close as possible to the nearest
utility pole, in no event more than five feet from the pole unless a greater
distance is technically necessary or required for safety clearance and confirmed
in writinlz by the pole owner.
d) No strand mounted device shall be located in or above the portion of the
roadwav open to vehicular traffic.
45
e) No strand mounted devices shall be installed on poles with mounted
streetlights.
f) Ground mounted equipment to accommodate such strand mounted facilities
is not permitted, except when placed in pre-existing equipment cabinets,
underground or on zoned property.
Pole mounted eauipment shall meet the reauirements of subsections (4
and (6) of subsection (d) above.
h) Such strand mounted devices must be installed to cause the least visual
impact and with the minimum excess exterior cabling or wires (other than
the original strand) necessary to meet the technological needs of the facility.
C. Location Preference Criteria.
The following criteria shall be reviewed and responded to by the applicant, as applicable,
for each proposed small wireless node location. A proposed small wireless facility location
shall only be allowed in a lower ranking location as provided in the location hierarchy in
subsection 6 above, if the applicant can demonstrate that all higher ranking locations are
infeasible. The following criteria shall be responded to as a minimum submittal
requirement.
1. Siting outside the right-of-way:
a. Engineering and technical analyses outlining technical parameters of the
services to be provided, specifically addressing infeasibility of a given location
when a node is not proposed to be located outside the right-of-way.
Analvses shall be thoroueh and provide sufficient information to allow for a
Third Party Review consistent with 20.50.060.J.
b. Applicant/wireless provider must contact all Droaerty owners within 150
lineal feet, measured along the right-of-way, in either direction of a proposed
small wireless facility location with an offer letter describing the scope of the
anticipated deployment, proposed form of easement, the FCC -approved
rental amount of $270 per year, or an amount equal to the per pole annual
fee charged by PUD, whichever is greater, and the means to accept the offer
if the landowner in interested in siting an individual node on his/her
Property. The offer letter shall be sent via certified mail, shall contain a
preaddressed postage paid return envelope, and allow for a minimum 2-
week response time. Two separate attempts shall be made by the
applicant/wireless provider to make contact with the property owner. If
private property owners do not respond by accepting offers, the
applicant/wireless provider shall provide an affidavit to the City stating that
no offers to locate nodes outside the right-of-way were accepted. This
46
criteria shall be responded to when it is technically feasible to locate a small
wireless facility outside the right-of-way.
2. Siting within the right-of-way:
In circumstances where it is not technically feasible to locate the particular
small wireless facility anywhere on zoned property, the applicant/wireless
provider shall provide an explanation of the technical difficulty in sufficient
detail to be peer reviewed.
D. Small wireless facility general standards.
1. 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
necessarv. then the applicant must submit a concealment plan. Generators located in the
rights -of -way are prohibited.
2. No equipment shall be operated so as to produce noise in violation of Chapter 5.30 ECC.
3. Replacement poles, new poles, and all equipment shall comply with the Americans with
Disabilities Act ("ADA"), city construction and sidewalk clearance standards, and state and
federal regulations in order to provide a clear and safe passage within the rights -of -way.
4. Replacement poles shall be located as near as possible to the existing pole with the
requirement to remove the abandoned pole.
5. The design criteria as applicable to small cell facilities described herein shall be
considered concealment elements and such small cell facilities may only be expanded upon
through an eligible facilities request described in Section 20.50.080 ECDC, when the
modification does not defeat the concealment elements of the facility.
6. 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, and any
such signage on equipment enclosures shall be of the minimum amount possible to achieve
the intended purpose; provided, that signs are permitted as concealment techniques where
appropriate.
7. Antennas and related equipment may not be illuminated except for security reasons,
required by a federal or state authority, or unless approved as part of a concealment
element plan.
8. Side arm mounts for antennas or equipment are prohibited.
9. Facilities must be located and designed to not obstruct or significantly diminish views of
Puget Sound or the Cascade or Olympic Mountains from public streets and public property.
10. Antennas. eauipment enclosures. and ancillary eauipment. conduit. and cable. shall not
dominate the building or pole upon which they are attached.
11. The citv may consider the cumulative visual effects of small cells mounted on Doles
within the rights -of -way when assessing proposed siting locations so as to not adversely
47
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 service provider.
12. ADA compliance required. In areas of the city in which utility lines have been
undergrounded (undergrounded areas) and where necessary to permit full use of the public
right-of-way by pedestrians, bicycles and other users, all ground -mounted equipment must
be undergrounded in a vault meeting the city's construction standards to the extent
feasible. The location of ground -mounted equipment (to the extent undergrounding such
equipment is not technologically feasible), a replacement pole and/or any new pole shall
comply with the Americans with Disabilities Act ("ADA"), city construction standards, and
state and federal regulations in order to provide a clear and safe passage within the public
right-of-way.
(CUP) by FnedifyiRg spec;ific; features ef Vhe �.A.fe.reless cemmuRicatieR facility. Such Med_ifir_-atieps�
mustbe submittedtothe • C� ��RGatieR [Ord. 3961 § 1, 2014; Ord. 3845 § 2 crn. crl 7'R'1"r�C01rCG ca crvrr
(Att. A), 2011].
20.50.140 Abandonment or discontinuation of use.
A. At such time that a licensed carrier plans to abandon or discontinue operation of a wireless
communication facility, such carrier will notify the director by certified U.S. Mail of the
proposed date of abandonment or discontinuation of operations. Such notice shall be given no
less than 30 days prior to abandonment or discontinuation of operations.
B. In the event that a licensed carrier fails to give such notice, the wireless communication
facility shall be considered abandoned upon the discovery of such discontinuation of
operations.
C. Within 90 days from the date of abandonment or discontinuation of use, the carrier shall
physically remove the wireless communication facility. "Physically remove" shall include, but
not be limited to:
1. Removal of antennas, mounts or racks, the equipment enclosure, screening, cabling
and the like from the subject property.
2. Transportation of the materials removed to a repository outside of the city.
3. Restoration of the wireless communication facility site to its pre -permit condition,
except that any landscaping provided by the wireless communication facility operator may
remain in place.
4. If a carrier fails to remove a wireless communication facility in accordance with this
section, the city shall have the authority to enter the subject property and physically
remove the facility. Costs for removal of the wireless communication facility shall be
charged to the wireless communication facility owner or operator in the event the city
removes the facility. [Ord. 3961 § 1, 2014; Ord. 3845 § 2 (Att. A), 2011].
W
20.50.150 Maintenance.
A. The applicant shall maintain the wireless facility `^Pto standards that may be imposed by
the city by ordinance or through at vhe time of gFaRtiRg ^ permit condition. Such maintenance
shall include, but not be limited to, repair of damaged shrouds or enclosures, painting,
structural integrity, and landscaping.
B. In the event the applicant fails to maintain the facility, the city of Edmonds may undertake
enforcement action as allowed by existing codes and regulations. [Ord. 3961 § 1, 2014; Ord.
3845 § 2 (Att. A), 20111.
20.50.160 Definitions.
A. Antenna(s). Any apparatus designed for the purpose of emitting radiofrequency (RF)
radiation, to be operated or operating from a fixed location pursuant to Commission
authorization, for the provision of personal wireless service and any commingled information
services. Fneans a device used to ptu an ineeming nd eF to tFansmit an
types.eutgeing Fadie 4equeney signal. Antennas include, but are net limited te, the fellewing
antennas (antennas net diFecAly used te pFevide wireless eemmunicatien services),
B. "Cell -on -wheels (COW)" are used to provide temporary service, usually for special events,
before the installation of a permanent wireless site, or in emergencies.
C. "Co-Ilocation" means the mounting or installation of an antenna on an existing tower,
building or structure for the purpose of transmitting and/or receiving radio frequency signals
for communications purposes, whether or not there is an existing antenna on the structure.
D. Completely concealed facility. A WCF where: (A) the antennas, mounting apparatus, and
any associated equipment are fully recessed/concealed from all sides with a structure that
achieves total integration with the existing building or structure; and (B) all cable is routed
internally or completely screened from view; and (C) the associated equipment is completely
within the building or structure, placed in an underground vault, or is within another element
such as a bench, mail box or kiosk.
E. "Distributed antenna system (DAS)" is a network of spatially separated antenna sites
connected to a common source that provides wireless service within a discrete geographic
area or structure.
F. Eauipment. Anv eauipment. switches. wirine. cabline. power sources. shelters or cabinets
associated with an antenna, located at the same fixed location as the antenna, and, when
collocated on a structure, is mounted or installed at the same time as such antenna.
G. "Freestanding small cell pole" is a freestanding structure which consists of a single vertical
sole. fixed into the eround and/or attached to a foundation built for the sole auroose of
supporting small wireless antennas and associated equipment.
€H. "Guyed tower" means a monopole or lattice tower that is tied to the ground or other
surface by diagonal cables.
49
I. "Lattice tower" is a wireless communication support structure which consists of metal
crossed strips or bars to support antennas and related equipment.
J_"Licensed carrier" is a company authorized by the Federal Communications Commission to
build and operate a commercial mobile radio services system.
Cr.K. Macro cell facility (macro facility). A large wireless communication facility that
provides radio frequency coverage served by a high power cellular system. Generally, macro
cell antennas are mounted on ground -based towers, rooftops and other existing structures, at a
height that provides a clear view over the surrounding buildings and terrain. Macro cell facilities
typically contain antennas that are greater than three (3) cubic feet per antenna and typically
cover large geographic areas with relatively high capacity and are capable of hosting multiple
wireless service providers.
L. "Monopole" means a freestanding structure which consists of a single vertical pole, fixed
into the ground and/or attached to a foundation with no guy wires built for the sole or primary
purpose of supporting macroPGG licensed antennas and their associated equipment.{a^ T
4_.M. Poles. Utility poles, light poles or other types of poles, used primarily to support
electrical wires, telephone wires, television cable, lighting, or guide posts; or are constructed for
the sole purpose of supporting a WCF.
�.N. "Satellite earth station antenna" includes any antenna in any zoning district that:
1. Is designed to receive direct broadcast satellite service, including direct -to -home
satellite services, and that is one meter or less in diameter;
2. Is two meters or less in diameter in areas where commercial or industrial uses are
generally permitted;
3. Is designed to receive programming services by means of multi -point distribution
services, instructional television fixed services, and local multi -point distribution services,
that is one meter or less in diameter or diagonal measurement; and
4. Is designed to receive television broadcast signals.
O. Small wireless facility (or small cell node). A wireless facility that meets each of the
following conditions:
1. The facilities:
a. Are mounted on structures 50 feet or less in height including their antennas. or
b. Are mounted on structures no more than 10 percent taller than other adjacent
structures, or
c. Do not extend existing structures on which they are located to a height of more than
50 feet or by more than 10 percent. whichever is greater:
2. Each antenna associated with the deployment, excluding antenna equipment, is not
50
more than three cubic feet in volume;
3. All other wireless equipment associated with the structure, including the wireless
equipment associated with the antenna and any pre-existing associated equipment on the
structure, is no more than 28 cubic feet in volume;
4. The facilities do not require antenna structure registration under FCC rule;
5. The facilities do not result in human exposure to radiofrequency radiation in excess of
the applicable safety standards specified by FCC rule.
-K-.P. "Unlicensed wireless services" means the offering of
communications+^'^^^mm--PoeatmeRS services using duly authorized devices which do not
require individual licenses, but does not mean the provision of direct- to -home satellite
services.
ECG "Wireless communication facility (WCF)" means an unstaffed facility for the
transmission and reception of radio or microwave signals used for commercial
communications. A WCF provides services which include cellular phone, personal
communication services, other mobile radio services, and any other service provided by
wireless common carriers licensed by the Federal Communications Commission (FCC). WCFs
are composed of two or more of the following components:
1. Antenna;
2. Mount;
3. Equipment enclosure;
4. Security barrier.
M-.R. "Wireless communication facility (WCF), building -mounted" means a wireless
communication facility mounted to the roof, wall or chimney of a building. Also, those
antennas mounted on existing monopoles.
N-.S. "Wireless communication facility (WCF), camouflaged" means a wireless communication
facility that is disguised, hidden, or integrated with an existing structure that is not a
monopole, guyed or lattice tower, or placed within an existing or proposed structure.
aT. "Wireless communication facility (WCF), equipment enclosure" means a small
structure, shelter, cabinet, or vault used to house and protect the electronic equipment
necessary for processing wireless communication signals. Associated equipment may include
air conditioning and emergency generators.
-P-.U. "Wireless communication facility (WCF), monopole" means a wireless communication
facility not attached to a structure or building and not exempted from regulation under ECDC
20.50.030. Does not include co -location of a facility on an existing monopole, utility pole, light
pole, or flag pole.
QV. "Wireless communication facility (WCF), related equipment" is all equipment
51
ancillary to a wireless communication facility such as coaxial cable, GPS receivers, conduit and
connectors.
R-. W. "Wireless communication facility (WCF), structure -mounted" means a wireless
communication facility located on structures other than buildings, such as light poles, utility
poles, flag poles, transformers, and/or tanks.
-S-.X."Wireless communication services" means any personal wireless services as defined in the
Federal Telecommunications Act of 1996, including federally licensed wireless communications
i,,,.,,,,.,.,.,wRieatieRs services consisting of cellular services, personal communications services
(PCS), specialized mobile radio services (SMR), enhanced specialized mobile radio services
(ESMR), paging, and similar services that currently exist or that may be developed in the future.
[Ord. 3961 § 1, 2014; Ord. 3845 § 2 (Att. A), 2011].
52
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Dicy Sheppard being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH844972 ORDINANCES
4140-4144 as it was published in the regular and
entire issue of said paper and not as a
supplement form thereof for a period of 1
issue(s), such publication commencing on
02/15/2019 and ending on 02/15/2019 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the fee for such publication is
$77.a��
Subscribed and sworn before me on this
j daV t�f
owls
'�11r•
Notary Public in and for the State of
Washington.
City of Edmonds - LEGAL ADS 114101416
SCOTT PASSEY
RECEIVED
FEB 19 2019
EDMONDS CITY CLERK
Classified Proof
RECEIVED
FEB 19 2019
ORDINANCE SUMMARY
'of m Clry of Eemnnds. WaaNngton
Ed the 121h day C1 February, 2610i an City Council of the City of
Ednioetda, pawed the flowing Drdirre rlCei, the wmmafiea of said
EDMONDS CITY CLERK
.,dln..0 , C" IlI" Of Sides ere as follows:
gRQINAAiCE ND.4idp
MTV
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, RELATING TO RESIDENTIAL UNIT$ IN
THE SO ZONES, PERMANENTLY ELIMINATING AN
EXEMPTION t:ROM PARKING REQUIREMENTS FOR
BUILDINGS WITH A FOOTPRINT LESS THAT 4800 SF.
ORDINANCE NO.4141
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING AN INTERIM ZONING
ORDINANCE TO AMEN", C"APTER 205D of: THE
EDMONDS COMMUNITY DEVELOPMENT CODE,
ENTITLED 'WIRELESS COMMUNICATION FACILITIES.'
DECLARING AN EMERGENCY NECESSITATING
IMMEOPATE ADOPTION} AND EFFECTIVENESS OF THIS
INTERIM ZONING ORDINANCE.
ORDINANCE NO.4142
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON. EXTENOING THE PROHIBITION OF Toe
INSTALLATION OF STY REHE•BUTALNENE RUSHER (ALSO
KNOWN AS SBR OR 'CRUMB RUBBER') ON PUBLICLY -
OWNED ATHLETIC FIELDS WITHIN! THE CITY OF
EDMONDS FOR AN AODITIONAL SIX MONTHS.
ORDINANCE NO.4143
AN ORDINANCE OF THE CITY OF EDMONDS.
WASHINGTON, VACATING A PORTION OF EXCELSIOR
PLACE THAT ABUTS AND LIES NORTH OF THE
PROPERTY ADDRESSF-O AT 19631 94TH PLACE WEST AS
SET FORTH IN THE RESOLUTION OF INTENT NO 1419,
AND FACING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
ORDINANCE NO. 41A4
AN ORDINANCE Of THE CITY OF EDMONDS.
WASHINGTON, AMENDING ORDINANCE NO. 4136 AS A
RESULT OF UNANTICIPATED TRANSFERS AND
EXPENOITLIRES OF VARIOUS FUNDS, AND FIXING A
TIME WHEN THE SAME SMALL BECOME EFFECTIVE
The fu8 tellt of Grose Ot dr1an66s w II be malled upon request.
DATED this 13th day of February, 2019
CITY CLERK, SCOTT PASSEY
Published: February 16, 2019. EDH844972
Proofed by Sheppard, Dicy, 02/15/2019 09:00:28 am Page: 2