Ordinance 4147ORDINANCE NO.4147
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 20.50 OF THE
EDMONDS COMMUNITY DEVELOPMENT CODE,
ENTITLED "WIRELESS COMMUNICATION FACILITIES."
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 lawful while others 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, Section 332(c)(7)(A) generally preserves state and local authority over the
"placement, construction, and modification of personal wireless service facilities" but with certain
limitations; and
WHEREAS, Congress specified in Section 332(c)(7)(B)(i) 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, Congress further specified in Section 332(c)(7)(B)(iv) that "[n]o State or local
government or instrumentality thereof may regulate the placement, construction, and modification
of personal wireless service facilities on the basis of the environmental effects of radio frequency
emissions to the extent that such facilities comply with the Commission's regulations concerning
such emissions;" 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
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 that could be spaced far apart; 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) mitigate, to the extent feasible and allowable under federal law, the visual
clutter associated with telecommunications infrastructure that has become a significant aesthetic
problem in recent years and threatens to get significantly worse with the deployment of small cell
facilities; (3) manage the public right-of-way so as to ensure traffic safety and coordinate various
uses; and (4) protect the integrity of the city's historic, cultural, and scenic resources and the quality
of life of Edmonds' citizens; and
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 has observed recent installations of small wireless facilities
on wood utility poles in Seattle and has found them to be undesirable in appearance due, in large
part, to the externally mounted equipment and the conduit that runs up the side of the pole; 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
aesthetic 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 most 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, as steward of the public right-of-way, the City Council is becoming
increasingly concerned about the rapidly increasing use of the public right-of-way by
telecommunications infrastructure (both wired and wireless) and the careless and visually
displeasing manner in which much of that infrastructure has been installed recently; and
WHEREAS, this ordinance regulates the aesthetics of wireless infrastructure, the City
Council intends to adopt, in a separate ordinance, revisions to its regulations of wired
telecommunications infrastructure, recognizing that wireline telecommunications providers are
also contributing in a significant way to the increasing visual cluttering of the public right-of-way;
and
and
WHEREAS, the wireless regulations must be adopted first because of the FCC deadline;
WHEREAS, the City Council has, on March 26, 2019, directed the administration to
prepare an ordinance that will also impose similar aesthetic requirements on wireline
telecommunications providers; 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
WHEREAS, the City Council has heard the wireless industry's concerns about the potential
cost to the industry of compliance with the City's aesthetic regulations and the industry's need to
able to compete on a level playing field with the wireline telecommunications industry; and
WHEREAS, the City Council would note that new wireline telecommunications
infrastructure is generally required to be located underground, which is similarly costly to the
wireline providers; and
WHEREAS, the City Council does not find these regulations to be any more burdensome
than those applied to other types of infrastructure deployments; and
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, the City Council held a public hearing on an interim set of wireless regulations
on February 5, 2019; and
WHEREAS, a SEPA Determination of Nonsignificance (DNS) for these regulations was
issued by the City on February 11, 2019; and
WHEREAS, the City Council adopted an interim ordinance, Ordinance 4141, on February
12, 2019; and
WHEREAS, pursuant to RCW 36.70A.106, the interim ordinance was sent to the
Department of Commerce for review on February 13, 2019. Expedited review was requested and
Commerce responded on February 28 that the City had complied with the GMA noticing
requirement; and
WHEREAS, the Planning Board also held a public hearing and made a recommendation
to the City Council in March 2019; and
WHEREAS, the City has continued to refine its wireless regulations in response to public
comment, new information, and direction from the City Council since the interim ordinance was
adopted; and
WHEREAS, the city council held another public hearing on March 26, 2019 regarding its
proposed regulations; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Ordinance 4141 of the City of Edmonds and the version of Edmonds
Community Development Code, entitled "Wireless Communication Facilities," that was adopted
thereby are hereby repealed.
Section 2. Chapter 20.50 of the Edmonds Community Development Code, entitled
"Wireless Communication Facilities," is hereby re -adopted to read as set forth in Attachment A
hereto, which is incorporated herein as if set forth in full.
Section 3. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid, preempted or unconstitutional, such decision shall not affect the
validity of the remaining portions of this ordinance.
Section 4. Effective Date. 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.
APPROVED:
YOR DAV E EA Et I.
ATTEST/AUTHEN TED:
ta-Y-ftEgk,SG rT SEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADAY
FILED WITH THE CITY CLERK:
March 29, 2019
PASSED BY THE CITY COUNCIL:
April 2, 2019
PUBLISHED:
April 5, 2019
EFFECTIVE DATE:
April 10, 2019
ORDINANCE NO.
4147
SUMMARY OF ORDINANCE NO.4147
of the City of Edmonds, Washington
On the 2"d day of April, 2019, the City Council of the City of Edmonds, passed Ordinance
No. 4147. A summary of the content of said ordinance, consisting of the title, provides as
follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING -CHAPTER 20.50 OF THE
EDMONDS COMMUNITY DEVELOPMENT CODE,
ENTITLED "WIRELESS COMMUNICATION
FACILITIES."
The full text of this Ordinance will be mailed upon request.
DATED this 3rd day of April, 2019.
TY LE SC PASSEY
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 Permits and shot clocks.
20.50.070 Application requirements.
20.50.080 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 standards.
20.50.120 Temporary facilities.
20.50.130 Small wireless facility 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 of competitive
wireless communication facilities throughout 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 and services that are consistent with federal and state laws and
regulations;
3. Encourage providers of wireless communication facilities to locate facilities, to the
extent feasible, in areas where the adverse impact on the public health, safety and
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welfare is minimal;
4. For macro facilities, encourage the location of those facilities in nonresidential areas
and allow m a c r o facilities in residential areas only when necessary to meet functional
requirements of the communications industry as defined by the Federal Communications
Commission;
5. Minimize the total number of macro facilities 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 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 innovative siting techniques;
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 the ability of the providers of communications services to deploy 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 wireless facility facilities as evenly as possible
throughout the community, especially when joint use does not eliminate additional visual
impact.
B. In furtherance of these objectives, the city shall give due consideration to the zoning code,
existing land uses, and environmentally sensitive areas when approving sites for the location of
wireless communication facilities.
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 communications services in the city. These objectives were
designed to comply with the Telecommunications Act of 1996 and its implementing
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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 the deployment of
wireless communication facilities. This chapter shall not be applied in such a manner as to
unreasonably discriminate between providers of functionally equivalent wireless facilities.
D. To the extent that any provision of this chapter or conflicts with any other city ordinance,
this chapter shall control. Otherwise, this chapter shall be construed consistently with the
other provisions and regulations of the city.
E. In reviewing any application to place, construct or modify wireless communication facilities,
the city shall act within federally required time periods. 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.
[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 20.15A 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
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 an electronic proposed master permit form in Word format, 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 requirement shall be excused to the
extent that the provider does not have sufficient valid master permits in other
jurisdictions to meet that requirement;
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d. 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; and
e. if the provider is seeking legislative approval for an alternative WCF design that does
not comply with this chapter, the provider may elect to use the following optional WCF
design approval process. To use this option process, the provider must submit with the
master permit application the following additional materials:
1) photographs, precise measurements, and technical specifications of the
proposed alternative WCF design;
2) a signed affidavit from a speaking agent for the provider that: a) explains, by
citing to specific city code provisions, the factual reasons why the WCFs used by the
provider cannot comply with the City's adopted aesthetic regulations; and b) attaches
photographs and technical specifications of all other WCF designs currently available to
the provider; and
3) a legal analysis as to: a) whether the City's approval of the proposed alternative
WCF would unreasonably discriminate among providers of functionally equivalent
services; and b) whether the City's denial of the proposed alternative WCF would
prohibit or have the effect of prohibiting the provision of personal wireless services.
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 60 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
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.
4
[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. Routine maintenance or repair of wireless communication facilities.
H. Emergency communications equipment or a COW or other temporary WCF during a
declared public emergency.
I. A temporary wireless communication facility or COW for providing coverage during a special
event such as a festival, subject to approval by the City. Such a facility is exempt from the
provisions of this chapter for up to three days before the special event begins and three days
after the special event ends.
J. A temporary wireless communication facility or COW for providing service during repair or
replacement of an existing facility for a period of up to 14 days.
K. 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:
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), 2011].
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. Collocation, without an increase in the height of the building, pole or structure
upon which the facility would be located;
2. Collocation, 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. New monopole facilities must include mounts capable of accommodating at least one
other wireless provider.
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
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.
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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 collocation.
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,
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.
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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 Clocks.
A. No person may place, construct, reconstruct, modify or operate 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 the permit(s) 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 apply 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 A. In the event of uncertainty on the type of a
wireless facility, the director shall have the authority to determine what permits are required
for the proposed facility.
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Table A
Building
Right -of-
FCC Shot
Permit
Way (ROW)
Clocks for
Request
Location
Required
Permit
Permit
Required
Review
Eligible facilities request
Existing tower or
Yes, if on
Yes, if in
60 days
base station
private
ROW
property
New macro facility
Collocation
Yes, if any
Yes, if any
90 days
elements on
elements in
private
the ROW
property
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 wireless facility
Collocation
Yes, if on
Yes, if any
60 days
private
elements in
property
the ROW
New small wireless facility
New structure or
Yes, if any
Yes, if any
90 days
freestanding
elements on
elements in
small wireless
private
the ROW
facility
property
Temporary facility
Varies
Yes, if any
Yes, if any
Standard
elements on
elements in
permit
private
the ROW
quotes
property
C. Timelines.
1. Macro facilities.
The application review period begins when all required 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 requested
information.
2. Small wireless facilities.
The application review period begins when all required application materials have been
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 wireless facility applications.
If an applicant is applying for a small wireless network in a contiguous service area, multiple
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.
E. 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.
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
10
governing body with jurisdiction (i.e., Washington State Department of Labor and Industries,
Federal Aviation Administration, etc.).
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.
I. 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.
J. 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
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.
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.
[Ord. 3961 § 1, 2014; Ord. 3845 § 2 (Att. A), 2011].
11
20.50.070 Application requirements.
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, for macro cell
facilities, a collocation analysis indicating the alternative locations considered;
B. Aerial photo or map showing entire proposed deployment (small wireless only);
C. Site information on scaled plans, including:
1. Site plan;
2. Elevation drawings;
3. Utility plan showing existing utilities, proposed facility location, and undergrounding;
4. Screening, camouflaging or landscaping plan and cost estimate (produced in
accordance with Chapter 20.13 ECDC), as appropriate;
D. Photos and photo simulations showing the existing appearance of each site and
appearance of the proposed installation from nearby public viewpoints;
E. Noise report (per ECDC 20.50.050(C)), if applicable;
F. Radio Frequency (RF) emissions standards. The applicant shall provide the certification of an
RF engineer with knowledge of the proposed development that the small wireless facility
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.
G. For small wireless facility deployments, the following additional documentation shall be
provided as initial justification for the proposed location pursuant to the location preference
criteria set forth in ECDC 20.50.130.13, as applicable:
1. For installations proposed for Location Preference #2 (Freestanding small wireless
facility or new street light), provide all of the following to the extent applicable within
150 lineal feet in either direction of each proposed small wireless facility location as
measured along the right-of-way line for the applicable street:
a. WHERE NO POLES EXIST IN THE AREA: Evidence that no utility poles, traffic signal
poles, or street light poles exist;
b. WHERE POLES EXIST THAT CANNOT FULLY CONCEAL A SMALL WIRELESS FACILITY:
Written documentation from all pole owners, denying the applicant's request to
replace any of the existing poles that are not capable of hosting a fully concealed
small wireless facility with a new pole that is capable of hosting a fully concealed
small wireless facility on the grounds that no such replacement pole is available on
the market or due to other reasonably insoluble problems expressed in writing by
the pole owner;
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c. WHERE POLES EXIST THAT CAN FULLY CONCEAL A SMALL WIRELESS FACILITY:
Written documentation from all owners of poles within 150 lineal feet in either
direction of each proposed small wireless facility location, as measured along the
right-of-way line for the applicable street, denying the applicant's request to install
the small wireless facility within any such existing poles.
2. For installations proposed for Location Preference #3 (On top of existing power pole)
provide all of the following to the extent applicable within 150 lineal feet in either
direction of each proposed small wireless facility location as measured along the right-
of-way line for the applicable street:
a. Documentation as required in G.1, above; and
b. Evidence that the design standards for a freestanding small wireless facility in the
right-of-way could not be met; and
c. Confirmation by the director of public works that a new street light pole capable of
hosting a fully concealed small wireless facility was not determined to be needed.
3. For installations proposed for Location Preference #4 (In communication space on
existing power pole) provide all of the following to the extent applicable within 150
lineal feet in either direction of each proposed small wireless facility location as
measured along the right-of-way line for the applicable street:
a. Documentation as required in G.1, and G.2, above; and
b. Evidence that no power poles exist that would allow for installation on top of the
pole; or
c. Written documentation from all owners of the power poles denying the request to
install the small wireless facility on any such power poles that would allow for
installation on top of the pole.
4. For installations proposed for Location Preference #5 (Strand -mounted) provide all of
the following to the extent applicable within 150 lineal feet in either direction of each
proposed small wireless facility location as measured along the right-of-way line for the
applicable street:
a. Documentation as required in G.1, G.2, and G.3, above; and
b. Evidence that no power poles exist that would allow for installation within the
communication space; or
c. Written documentation from all owners of the power poles denying the request to
install the small wireless facility on any such existing power poles that would allow
for installation within the communication space.
For each small wireless facility to be placed on or at the location of an existing pole,
whether that pole is to be replaced or whether it is to remain, written documentation of
the pole owner's consent to the applicant's proposed placement at that location.
6. Demonstration of compliance with the National Electric Safety Code.
H. A copy of the provider's approved master permit.
13
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.
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.
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 wireless facility 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
process, even if the structure was not built for the sole or primary purpose of providing
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 equipment; or
c. Replacement of transmission equipment.
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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
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.
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 the standard
number of new equipment cabinets for the technology involved, but not to exceed four
cabinets; 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 any other ground
cabinets associated with the structure;
15
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.
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 deny the application.
F. Failure to Act. In the event the Director fails to approve or deny a request for an eligible
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 writing after the review period has expired (accounting for any tolling) that the
application has been deemed granted.
16
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.
[Ord. 3961 § 1, 2014; Ord. 3845 § 2 (Att. A), 2011].
20.50.090 New building -mounted macro wireless communication facility standards.
A. General. Wireless communication facilities located on the roof or on the side of the 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
17
adjacent property, they must be painted to match the color scheme of the building.
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.
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B. Height.
1. The maximum height of structure -mounted wireless communication facilities shall not
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 master permit 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.
19
Acceptable Structure -Mounted WCF
Unacceptable Structure -Mounted WCF
[Ord. 3961 § 1, 2014; Ord. 3845 § 2 (Att. A), 2011].
20
20.50.110 New monopole standards.
A. No part of a monopole, antennas or antenna equipment may exceed the maximum height
allowed in the zone where the facility is located.
B. Monopoles must be completed shrouded. All antennas, equipment and cables must be
concealed.
C. 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).
Acceptable Monopole WCF
21
Unacceptable Monopole WCF
[Ord. 3961 § 1, 2014; Ord. 3845 § 2 (Att. A), 2011].
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 wireless coverage over large areas, the
goal of a small wireless facility 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 wireless facility deployments and
provide appropriate design standards to ensure that the negative visual impacts of small
wireless facilities are minimized.
A. Permitted locations.
Installation of small wireless facilities on existing buildings could help minimize the negative
visual impact of additional wires, antennas and equipment that may otherwise be placed on
utility poles. However, it is understood that a multi -node deployment may not be able to be
located entirely on buildings as it may not be technically feasible to do so and in addition, some
property owners within the desired small wireless facility deployment area may not want to
participate. A mix of zoned property and right-of-way locations may be used.
22
1. Small wireless facility attachments to buildings are permitted in any zone and are not
subject to the dispersion requirement below.
2. Fully concealed freestanding small wireless facilities are permitted in any zone (except
Downtown Business) but are still subject to the dispersion requirement below.
3. Dispersion Requirement: No two small wireless facilities shall be located within 300 feet
radially, PROVIDED THAT this dispersion requirement shall not apply to small wireless
facilities that are located pursuant to location preference #1, below, AND FURTHER
PROVIDED THAT this dispersion requirement shall not apply to collocation in a fully
concealed pole.
4. Downtown Business district (BD) zones shall be limited to building attachments or
hollow utility poles. Where a Sternberg street light exists, replacement or new
installation of a decorative street light shall match the style and character of the existing
Sternberg street lights, as determined by the Public Works Director, and shall be
designed to contain a small wireless facility in a fully concealed manner. Small wireless
facilities shall not be attached to Sternberg street lights that were not designed to host
fully concealed small wireless facilities.
5. In areas where utility systems are underground, small cell facility deployment will be
limited to existing buildings, new or replaced street lights and/or installation of
freestanding small cell facilities.
6. Small wireless facilities may not be located on sites identified on official local, state or
federal historic registries
7. Small wireless facilities may not be located on wood poles that contain a street light.
B. Location preference hierarchy.
When locating small wireless facilities in the right-of-way, wireless providers shall site their
small wireless facilities pursuant to the following siting preferences. These siting preferences
are expressed in descending order, starting with the most preferred. Wireless providers may
not descend to a lower preference in the list below until they have determined that the higher
preferences are not feasible in accordance with ECDC 20.50.070.G. Failure to show lack of
feasibility of a higher preference shall be grounds for denial of an application.
Location Preference #1— Hollow utility pole
Location Preference #2 — Freestanding small wireless facility or new street light
Location Preference #3 — Existing power pole (installation on top of pole)
Location Preference #4 — Existing power pole (installation in communication space)
Location Preference #5 — Strand -mounted
23
C. General Design Standards. Unless the context clearly requires otherwise, the following
general design standards apply to all small wireless facilities.
1. Collocation. All new poles must be capable of accepting at least two wireless facilities in
a fully concealed manner, unless accommodation of a second facility is not technically
feasible.
2. Ground mounted equipment in the rights -of -way is prohibited, unless the applicant can
demonstrate that pole mounted or undergrounded equipment is technically infeasible.
If ground mounted equipment is necessary, the equipment must be fully concealed.
Generators located in the rights -of -way are prohibited.
3. No equipment shall be operated so as to produce noise in violation of Chapter 5.30 ECC.
4. 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.
5. Replacement poles shall be located as near as possible to the existing pole with the
requirement to remove the abandoned pole.
6. Except for the health warning signage referenced below, 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. All small wireless facilities shall have affixed to them a health warning sign.
The health warning sign shall be sized and oriented in such a manner as to be legible
from the sidewalk. The health warning sign shall not exceed one square foot in area. The
health warning sign shall read as follows: "WARNING: This device transmits radiation.
The long term consequences of exposure to such radiation upon human health are
unknown." The warning language shall be accompanied by the following symbol:
8. 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 such as a streetlight.
24
9. The director is authorized to approve applications that deviate from the general design
standards, above, and the specific design standards, below, to the extent necessary to
approve an application that is consistent with the applicant's alternative WCF design,
but only where that applicant has already had the proposed alternative WCF design
approved by the city council pursuant to the optional process set forth in ECDC
20.50.020.C.2.e, above. City council approval of an alternative WCF design does not
necessarily make other design standards inapplicable to that provider. Applicants shall
comply with the other design standards herein as much as their alternative WCF design
allows.
D. Specific Design Standards for Facilities in the Right -of -Way
1. Location Preference #1— Hollow utility pole. This option applies to any existing pole in
the right-of-way (power pole, street light pole, traffic light pole), that could feasibly be
replaced with a hollow pole designed to host small wireless facilities in a fully concealed
manner. In many, but not all instances, this location preference will involve the
replacement of a wood pole with a hollow pole that serves the same needs as its
predecessor while also hosting small wireless facilities in a fully concealed manner.
a. Combination small wireless facility and power pole must meet the pole owner's
requirements for power distribution. New combination small wireless facility and
power poles must be designed to host small wireless facilities from at least two
carriers in a fully enclosed manner. 5G antennas only may be exposed until such
time that the technology develops to make concealment of 5G antennas feasible.
b. Combination small wireless facility 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 wireless facility installation in the same location.
c. Pole design shall match or be compatible with the aesthetics of existing streetlights
installed adjacent to the pole.
25
d. Where a Sternberg street light exists in the
downtown business district (BD) zones,
replacement or new installation of a
decorative street light shall match the style
and character of the existing Sternberg street
lights, as determined by the Public Works
Director, and shall be designed to contain a
small wireless facility in a fully concealed
manner.
e. The pole shall have a streamlined appearance
similar to the pole in the embedded diagram,
to the right. For a combination pole to be
considered visually pleasing, the transition
between the equipment 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.
f. The diameter of the upper pole shall be
smaller than the equipment cabinet. All
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IAIRE
IAIRE MAST ARM
R POLE
-MENT CABINET
I
I
STANDARD
FOUNDATION
hardware connections shall be hidden from view. No horizontal flat spaces greater
than 1.5 inches shall exist on the equipment cabinet to prevent cups, trash, and
other objects from being placed on the equipment cabinet.
g. Internal separation of electrical wiring and fiber to be provided, as required by the
pole owner.
h. 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.
The antenna shall be fully concealed within the pole, if technically feasible. If it is not
technically feasible to fully conceal the antenna within the pole, a shrouded antenna
may be flush mounted to either the side or top of the pole. The basis for any claim of
technical infeasibility here must be supported by a signed statement from a licensed
RF engineer that provides enough detail to allow for meaningful third -party review
under ECDC 20.50.060.J. Antennas and equipment located within a unified enclosure
may also be flush mounted, as described above, if it is not technically feasible to
26
fully conceal the unified enclosure within the pole, and if the unified enclosure does
not exceed four (4) cubic feet in volume. The following is an example of a compliant
unified enclosure:
j. A cantenna or canister antenna 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
concealed and integrated with the pole.
k. Utility poles shall be located as follows:
In a manner that does not impede, obstruct, or hinder pedestrian or
vehicular travel.
ii. In alignment with existing trees, utility poles, and streetlights.
iii. 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.
iv. With appropriate clearance from existing utilities.
V. In compliance with clear zone requirements.
vi. 10-feet away from the intersection of an alley with a street.
27
I. All conduit, cables, wires and fiber must be routed internally in the utility pole.
2. Location Preference #2 - Freestanding small wireless facility or new street light.
a. Freestanding small wireless facility.
The specifications provided in this section are for installations within the right-of-
way only. The accompanying diagram shows a typical pole and its elements.
i. Dimensional requirements:
a) A freestanding small wireless facility may not exceed 25 feet in height
measured from the top of the foundation to the top of the cantenna.
b) The equipment cabinet must be no greater than 20 inches in diameter,
c) The diameter of the upper pole shall be smaller than the equipment
cabinet. The pole shall be tapered to transition from the equipment
cabinet to the upper pole, as shown in the graphic below. The pole
diameter 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 may not exceed 6-ft in height.
28
ii. Appearance requirements:
CANTENNA
a) The same pole aesthetic
must be used along
adjacent blocks to maintain
a cohesive appearance. If
freestanding small wireless UPPER POLE
facilities already exist within
the deployment area, then
the new facility shall be
designed to match the
existing facilities as much as
practicable.
b) All small wireless facility
carrier equipment must be
housed internal to the
FIBER
equipment cabinet or
SPLICEIPULL
Box
�
hidden within the cantenna.
FINA
EQUIPMENT CABINET
The cantenna, upper pole
-._
=
ELECTRICAL
and equipment cabinet
CONDUIT
must be of the same brown
— STANDARD
FOUNDATION
or green colors, unless otherwise approved by the Director.
c) All hardware connections shall be hidden from view.
d) No equipment may be attached to the outside of the pole.
e) The freestanding small wireless facility must be served by underground
power and fiber, if fiber is to be connected.
iii. Location requirements:
a) 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 fail
to substantially comply with public ROW design standards, specifications,
or design district requirements, violate the Federal Americans with
W
Disabilities Act of 1990, or in any way create a risk to public health,
safety, or welfare.
b) Outside the downtown business district (BD) zones.
c) So as not to be located along the frontage of a Historic building, deemed
historic on a federal, state, or local level.
d) So as not to significantly create a new obstruction to property sight lines.
e) In alignment with existing trees, utility poles, and streetlights.
f) 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.
g) With appropriate clearance from existing utilities.
h) In compliance with clear zone requirements.
i) 10-feet away from the intersection of an alley with a street.
j) On the same side of the street as existing power lines, regardless of
whether power is underground or overhead;
b. New Street Light. The hollow utility pole requirements are also applicable to the
new street light alternative, except that a street light would be incorporated into
the design of the facility. In addition, the following applies:
A new 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 wireless facility is proposed. A street light may be required
to be installed instead of a freestanding wireless facility.
c. Location Preference #3 - Existing power pole (installation on top of pole):
A cantenna 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 pole by
30
more than two (2) inches, measured at the top of the pole, unless the
applicant can demonstrate technological infeasibility. 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 r CANrENNA
"" + M
and mounting hardware/brackets from OUNTED)
the bottom of the antenna to the top of (fop
the pole shall be concealed.
LUMINAIRE 8 MAST
ARM
ii. Equipment enclosures and all ancillary
equipment and boxes shall be colored or
EQUIPMENT SHROUD
painted to match the color of the surface WITH ANTENNA
NT NNA(SIDE
of the wooden pole in which they are
attached. All related equipment shall not UTILITY POLE
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. 764- EQUIPMENT SHROUD
iii. All cables and wires shall be routed
through conduit along the outside of the
XCEL ENERGY METER
pole. The outside conduit shall be WITH DISCONNECT
colored or painted to match the color of SMALL CELL
FIBER
the surface of the wooden pole. The
number of conduit shall be minimized to co oui(
the number technically necessary to
accommodate a small wireless facility and shall not increase the number of
conduit on an existing pole to more than 3 conduit.
iv. The visual effect of the small wireless facility on all other aspects of the
appearance of the wooden pole shall be minimized to the greatest extent
possible.
V. A wooden pole in a proposed location may be replaced with a taller pole for
the purpose of accommodating a small wireless facility; provided, that the
height of any replacement pole may not exceed fifty (50) feet to the top of
the cantenna.
31
vi. The use of the pole for the siting of a small wireless facility shall be
considered secondary to the primary function of the pole. If the primary
function of a pole serving as the host site for a small wireless facility becomes
unnecessary, the pole shall not be retained for the sole purpose of
accommodating the small wireless facility and the small wireless facility and
all associated equipment shall be removed.
d. Location Preference #4 - Existing power pole (installation in communication
space):
i. Antennas should be placed in an
effort to minimize visual clutter and - - - -
obtrusiveness. Only one antenna
array is permitted on each wooden UTILITY POLE
pole. The inside edge of a side —EQUIPMENT SHROUD
mounted canister
antenna/equipment shroud shall
project no more than twelve (12)
inches from the surface of the
wooden pole.
ii. To the extent technically feasible,
antennas and equipment located
within a unified enclosure shall not
exceed four (4) cubic feet. The EQUIPMENT SHROUD
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 XCEL ENERGY METER
WITH DISCONNECT
not be placed more than six (6)
SMALL CELL
inches from the surface of the pole, FIBER ti
unless a further distance is - a
technically required and confirmed ELECTRICAL,_��
in writing by the pole owner.
iiL Equipment enclosures and all ancillary 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 from the surface of the pole, unless a further distance is technically
required, and is confirmed in writing by the pole owner.
32
iv. 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 pole. The number of conduit shall be minimized
to the number technically necessary to accommodate a small wireless facility
and shall not increase the number of conduit on an existing pole to more
than 3 conduit.
V. The visual effect of the small wireless facility on all other aspects of the
appearance of the wooden pole shall be minimized to the greatest extent
possible.
vi. A wooden pole in a proposed location may be replaced with a taller pole for
the purpose of accommodating a small wireless 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 provide sufficient separation
and/or clearance from electrical and wireline facilities.
vii. The use of the pole for the siting of a small wireless facility shall be
considered secondary to the primary function of the pole. If the primary
function of a pole serving as the host site for a small wireless facility becomes
unnecessary, the pole shall not be retained for the sole purpose of
accommodating the small wireless facility and the small wireless facility and
all associated equipment shall be removed.
33
e. Location Preference #5 - Strand -mounted.
Small wireless facility facilities mounted on cables strung between existing utility
poles shall conform to the following standards:
UTILITY POLE I I -
PMENT SHROUD
i " ! '
{ EQUIPMENT —
SHROUD
T This graphic is intended to
represent a strand mount antenna.
4- EOUIPMENT SHROUD
XCEL ENERGY METER
WITH DISCONNECT
SMALL CELL
FIBER
A
5ELECTRICAL
i. To the extent technically feasible, antennas shall not exceed one (1) cubic
feet in volume.
ii. Only one strand mounted facility is permitted between any two existing
poles.
iii. The strand mounted devices shall be placed as close as possible to the
nearest utility pole and 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 writing by the pole owner.
34
iv. No strand mounted device shall be located in or above the portion of the
roadway open to vehicular traffic.
V. 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.
vi. Pole mounted equipment shall meet the requirements of subsections (iii),
(iv) and (v) of subsection (d) above.
vii. 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.
E. Specific Design Standards for Facilities Located Outside the Right -of -Way
1. On a Building.
a. Roof -mounted.
Small wireless 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.
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.
iii. 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.
b. Fagade-mounted.
Small wireless facility antennas may be mounted to the side of a building if
they do not interrupt and are integrated with the building's architectural
theme.
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.
35
iii. 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.
iv. 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 provide a minimum clearance height of 20 feet
over any pedestrian or vehicular right-of-way.
v 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.
vi. 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 parapet that is nonconforming for height. Vertical
expansion of the height nonconformity is prohibited.
2. Freestanding small wireless facility. The specifications provided in this section are for
installations on zoned property only. Refer to subsection 20.50.130.D.2.a for
dimensional and appearance standards.
a. Placement requirements. Freestanding small wireless facilities shall be located as
follows:
Located such that they in no way impede, obstruct, or hinder the usual
pedestrian or vehicular travel, affect public safety, or violate applicable law.
Within 5 feet of the street property line (right-of-way) and within 5 feet of a
side property line.
iii. So as not to significantly create a new obstruction to property sight lines.
iv. In alignment with existing trees, utility poles, and streetlights.
V. With appropriate clearance from existing utilities.
36
vi. In compliance with clear zone requirements.
vii. On the same side of the street as existing power lines, regardless of whether
power is underground or overhead;
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 or better
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].
20.50.150 Maintenance.
A. The applicant shall maintain the wireless communication facility to standards that may be
imposed by the city by ordinance or through 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
37
authorization, for the provision of personal wireless service and any commingled information
services.
B. "Cell -on -wheels (COW)" are used to provide temporary service, usually for special events,
during repair of a permanent wireless site, or in emergencies.
C. "Collocation" 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. Fully concealed facility. A WCF where: (A) the antennas, mounting apparatus, and any
associated equipment are fully concealed within a pole or other structure; and (B) all cable is
routed internally to the structure; 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. Equipment. Any equipment, switches, wiring, cabling, power sources, shelters or cabinets
associated with an antenna, located at the same fixed location as the antenna, and, when
collocated on a structure, is mounted or installed at the same time as such antenna.
G. "Freestanding small wireless facility" is a freestanding structure which consists of a single
vertical hollow pole, fixed into the ground and/or attached to a foundation built for the sole
purpose of supporting and concealing 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.
"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.
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 macro antennas and their associated equipment.
M. Poles. Utility poles, light poles or other types of poles, used primarily to support electrical
38
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.
0. 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
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.
P. "Unlicensed wireless services" means the offering of communications services using duly
authorized devices which do not require individual licenses, but does not mean the provision of
direct- to -home satellite services.
Q. "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:
39
1. Antenna;
2. Mount;
3. Equipment enclosure;
4. Security barrier.
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.
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.
T. "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.
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 collocation of a facility on an existing monopole, utility pole, light
pole, or flag pole.
V. "Wireless communication facility (WCF), related equipment" is all equipment ancillary to a
wireless communication facility such as coaxial cable, GPS receivers, conduit and connectors.
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.
X. "Wireless communication services" means any personal wireless services as defined in the
Federal Telecommunications Act of 1996, including federally licensed wireless communications
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].
40
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Leanna Hartell 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 EDH851497 ORDINANCE 4147
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 04/05/2019 and
ending on 04/05/2019 and that said newspaper
was regularly distributed to its subscribers
during all of said period.
The amount of the fee for suo publication is
$22.36,
Subscribed and sworn before me on this
day of
Notary Public in and for the State of
Washington.
CaryofEdm &- LEGAL ADS 114101416
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Classified Proof
SUMMARY OF ORDINANCE NO-4141
of .1 ,1y V1 Edmond% was"
On
On W. 2nd day 4f Api}I, 2019, the GISy Cdurkil or the City 01
Edmmdr, ppaaesad OudoulKa No.4147. A summary 0 fFu content
of acid aidY0 rce. Conti% of IM f1W, Itlea u follom
AN OR 4� THF. V OF EDMONOS
WASHINGTON, AMENDING CHAPTER Z0.40 or THE
EOMONOS COMMUNITY OEVELOPI%9N7 CODE,
EN'1ITLED'WIRELESS COMMUNICATION FACILFTIES'
Tne lux let of rhkf OmWritip will Po malted upon raqueat.
DATED this 9fd day V ApO. 2010.
GITY CLERK, SDOTT PASSEY
Putll ehed: April fi, 2010. EDHO51407
Proofed by Hartell, Leanna, 05/15/2019 04:54:29 pm Page: 2
Legal Invoice
Sound Publishing, Inc.
Unit Attn: A/R
PO Box 930
Everett WA 98206-0930
Bill To:
City of Edmonds - LEGAL ADS
Attn: Scott Passey
121 - 5th Ave N
Edmonds WA 98020
Legal Description: City Ordinances
Desc: ORDINANCE 4147
Ordered By: SCOTT PASSEY
Issues Ordered: 1
Date: 04/05/2019
Everett Daily Herald
Customer Account #: 14101416
Legal Description: EDH851497
Legal #: EDH851497
Ad Cost: $ 22.36
Published: Everett Daily Herald
Start Date: 04/05/2019 End Date: 04/05/2019
Due: $ 22.36
Please return this with payment. Questions? Cali 1 i M,4 ' ;20
City of Edmonds - LEGAL ADS Account #: 14101416
Attn: Scott Passey Invoice #: EDH851497
121 - 5th Ave N
Edmonds WA 98020 Due: $ 22.36