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ORDINANCE NO.2
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending section
15.08.035 of the Kent City Code, entitled "Wireless
telecommunications facilities," to add definitions
and a land use review exemption relating to small
cell equipment.
RECITALS
A. There is a need to encourage the availability of high-speed
internet and cellular telephone access for residents and businesses,
acknowledging that a growing number of businesses are conducted from
homes or on-the-go; that education increasingly incorporates on-line
learning necessitating good home internet connections for students and
faculty; and that government participation and emergency service to the
general public are enhanced by fast and reliable cellular and home internet
connectivity.
B. Increasing public demand for fast and reliable cellular and
internet service has necessitated new wireless technology called "small
cells" that transmit at much lower signal power levels, enabling wireless
telecommunication equipment to be smaller and located on shorter poles.
1 Amend KCC 15.08.035-
Re: Small Cell Equipment
C. It is important to accommodate the growing demand and
constantly changing technology for telecommunications services in support
of City Council's strategic goal for evolving infrastructure.
D. It is necessary to encourage the location of small cell facilities
on existing infrastructure, including proprietary and leased poles within the
right-of-way in order to encourage concealed technologies; thereby '
minimizing visual impacts and effects upon the natural environment.
E. Small cell equipment attaching to propriety or leased poles
such as electric, telephone or light poles will look and function like utilities.
Utilities such as these do not currently require land use permits unless
they are located within 200 feet of a shoreline of the state.
F. The Zoning Code currently requires a land use permit for each
proposal to attach wireless telecommunication equipment to an existing
structure. Current and anticipated future requests from multiple wireless
carriers to place small cell equipment on hundreds of utility poles
throughout the city will result in a significant amount of staff time to
review the land use permits and write staff reports.
G. It is within the public interest to streamline City processes
and reduce staff time where the streamlined effort will have the same
result on the physical environment as the prior process.
H. At two City Council Workshops on February 20, 2018 and
April 3, 2018, Legal and Planning staff provided an overview regarding
small cell technology and aesthetics, explaining the need for streamlined
permitting and concealment measures.
I. On May 18, 2018, the City requested expedited review under
RCW 36.70A.106 from the Washington State Department of Commerce
2 Amend KCC 15.08.035-
Re: Small Cell Equipment
regarding the City's proposed code amendments related to small cell
facilities. The Washington State Department of Commerce granted the
request for expedited review on June 5, 2018. No comments were
received from State agencies.
J. The City's SEPA Responsible Official determined that the
proposed code amendments are categorically exempt under WAC 197-11-
800(19) because they relate solely to governmental procedures and
contain no substantive standards respecting use or modification of the
environment.
K. At its regularly-scheduled public meeting on July 23, 2018,
the Land Use and Planning Board (LUPB) held a public hearing regarding
the proposed code amendments related to small cell facilities. After
considering the matter, the LUPB voted to recommend adoption of the
proposed amendments to the City Council.
L. On September 10, 2018, the Economic and Community
Development Committee considered the recommendations of the LUPB at
its regularly-scheduled meeting, and recommended to the full City Council
approval of the proposed code amendments.
M. At its regularly-scheduled meeting on September 18, 2018,
the City Council voted to adopt the amendments to portions of Chapter
15.08.035 of the Kent City Code, pertaining to small cell facilities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
3 Amend KCC 15.08.035-
Re., Small Cell Equipment
ORDINANCE
SECTION 1. - Amendment — KCC 15.08.035. Section 15.08.035 of
the Kent City Code, entitled "Wireless telecommunications facilities," is
hereby amended to read as follows:
Sec. 15.08.035. Wireless telecommunication facilities.
A. Purpose and goals. The purpose of this section is to establish
general guidelines for the siting of wireless telecommunications facilities
(WTFs), specifically including, without limitation, towers and antennas, in
light of the following goals:
1. Protecting residential areas from potential adverse impacts;
2. Enhancing the ability of the providers of wireless
telecommunications services to provide those services quickly, effectively,
and efficiently;
3. Encouraging location in nonresidential areas;
4. Minimizing the total height of towers within the community;
5. Encouraging the joint use of new and existing sites;
6. Encouraging service providers to locate and configure
facilities to minimize adverse impacts through careful design, siting,
landscaping, screening, and innovative camouflaging techniques; and
7. Considering potential adverse impacts to the public health
and safety from these facilities except where preempted by other laws,
rules, and regulations.
In furtherance of these goals, the city shall give due consideration
to the city's comprehensive plan, zoning map, existing land uses, and
environmentally sensitive areas in approving sites for the location of
WTFs, including towers and antennas.
B. Definitions. As used in this section only, the following terms shall
have the meanings set forth below:
Abandon or abandonment means:
4 Amend KCC 15.08.035-
Re., Small Cell Equipment
1. To cease operation for a period of one hundred eighty (180)
or more consecutive calendar days; or
2. To reduce the effective radiated power of an antenna by
seventy-five (75) percent for one hundred eighty (180) or more
consecutive calendar days unless new technology or the construction of
additional cells in the same locality allows reduction of effective radiated
power by more than seventy-five (75) percent, so long as the operator
still serves essentially the same customer base.
Antenna means any exterior transmitting or receiving device used in
communications that radiates or captures electromagnetic waves.
Backhaul network means the lines that connect a provider's
WTFs/towers/cell sites to one (1) or more cellular telephone switching
offices, and/or long distance providers, or the public switched telephone
network.
Camouflage means to disguise, hide, or integrate with an existing or
proposed structure or with the natural environment so as to be
significantly screened from view.
Co-locate means use of a WTF by more than one (1) service
provider.
COW means cell on wheels or Cellular on Wheels.
EIA means Electronic Industries Association.
FAA means the Federal Aviation Administration.
FCC means the Federal Communications Commission.
Guyed tower means a wireless communication support structure
which is typically over one hundred (100) feet tall and is steadied by wire
guys in a radial pattern around the tower.
Height means, when referring to a tower or other WTF, the distance
measured from the finished grade of the parcel at the base of the WTF to
the highest point on the tower or other WTF, including the base pad and
any antennas.
5 Amend KCC 15.08.035-
Re: Small Cell Equipment
Lattice tower means a support structure which consists of a network
of crossed metal braces, forming a tower which is usually triangular or
square in cross-section.
Monopole tower means a support structure which consists of a
single pole sunk into the ground and/or attached to a foundation.
Non-whip antenna means an antenna that is not a whip antenna,
such as dish antennas, panel antennas, etc.
Percnnal Wireless Cervire means commercial mobile cervices
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access services as defined in Title 47 Ignited States Code Section
332(c)(7)(C) or as amended.
Preexisting WTF means any WTF for which a building permit has
been properly issued prior to July 7, 1997, including permitted WTFs that
have not yet been constructed, so long as that permit or approval has not
expired.
$marl Cell Equipment means Wireless Telecommunications Facilities
attached, mounted or installed on a ro Lietar or leased ole excludin
monopole towers, that is located it Right-of-Way and used to provide
Personal Wireless Service.
Telecommunications means the transmission, between or among
points specified by the user, of information of the user's choosing without
change in the form or content of the information as sent and received.
Telecommunications service means the offering of
telecommunications for a fee directly to the public, or to such classes of
users as to be effectively available directly to the public, regardless of the
facilities used.
Tower means any structure that is designed and constructed
primarily for the purpose of supporting one (1) or more antennas for
telecommunications, telephone, radio, and similar communication
purposes. The term includes the structure, all structural supports, and all
related buildings and appurtenances.
6 Amend KCC 15.08.035-
Re: Small Cell Equipment
Whip antenna means an omni-directional dipole antenna of
cylindrical shape that is no more than six (6) inches in average diameter.
Wireless telecommunications facility or WTF includes "personal
wireless service," "personal wireless service facilities," and "facilities" as
defined in Title 47, United States Code, Section 332(c)(7)(C), including all
future amendments, and also includes facilities for the transmission and
reception of radio or microwave signals used for communication,
telecommunication, cellular phone personal communications services,
enhanced specialized mobile radio, and any other services licensed by the
FCC, and also includes any other unlicensed wireless services.
C. Applicability.
1. New uses. All WTF proposals made in the city, whether for
new construction or for modification of existing facilities, shall be subject
to the regulations set forth in this code, except as provided in subsection
(D) of this section.
D. Exemptions. The following are exempt from the provisions of this
section and are allowed in all zoning districts.
1. Existing uses. WTFs that currently exist on July 7, 1997, or
for which a valid building permit has been obtained and remains in effect
on July 7, 1997, except this exemption does not apply to modifications of
existing facilities.
2. Industrial/scientific equipment. Industrial processing
equipment and scientific or medical equipment using frequencies regulated
by the FCC.
3. Amateur radio station operators or receive-only antennas.
Any tower or antenna that is under seventy (70) feet in height and is
owned and operated by a federally licensed amateur radio station operator
or is used exclusively for receive-only antennas.
7 Amend KCC I5.08.035-
Re: Small Cell Equipment
4. Home satellite services. Satellite dish antennas less than two
(2) meters in diameter, including direct-to-home satellite services, when
used as a secondary use of the property.
5. COW. A COW or other temporary WTF, but its use anywhere
in the city cannot exceed thirty (30) days, unless extended by permit
issued by the planning manager or unless the city has declared an area-
wide emergency.
6. Public safety WTFs and equipment. Public safety WTFs and
equipment, including, but not limited to, the regional 911 system.
7. Small Cell Equipment. Small cell equipment as d.efined in
15.08.035.8 subject to_a_specific agreement with the City,,, rovoded such
equipment complies— with concealment features sti Mated in su h
agreements.
E. General.
1. Principal or accessory use. WTFs may be considered either
principal or accessory uses. A different use of an existing structure on the
same lot shall not preclude the installation of WTFs on that lot.
2. Not essential services. WTFs shall be regulated and permitted
pursuant to this section and shall not be regulated or permitted as
essential public services.
F. General requirements.
1. Siting. Anyone who applies to construct a WTF or to modify or
add to an existing WTF shall demonstrate to the city's satisfaction that the
proposed facility is located at the least obtrusive and the most appropriate
available site to function in the applicant's grid system.
2. FCC licensing. The city will only process WTF permit
applications upon a satisfactory showing of proof that the applicant is an
FCC licensed telecommunications provider or that the applicant has
8 Amend KCC I5.08.035-
Re: Small CeU Equipment
agreements with an FCC licensed telecommunications provider for use or
lease of the facility.
3. Compliance with other laws. Applicants must show, to the
satisfaction of the planning manager, compliance with current FCC and
FAA rules and regulations and all other applicable federal, state, and local
laws, rules, and regulations.
4. Lot size. For purposes of determining whether the installation
of WTFs complies with district development regulations including, but not
limited to, setback requirements, lot-coverage requirements, and other
requirements, the dimensions of the entire lot shall control, even though
the WTFs may be located on leased parcels within that lot.
5. Height. Unless further restricted or expanded elsewhere in
this section, no WTFs may exceed the following height and usage criteria:
a. For a single user, up to ninety (90) feet in height; and
b. For two (2) or more users, up to one hundred twenty
(120) feet in height.
6. Security fencing. WTFs shall be enclosed, where appropriate,
by security fencing not less than six (6) feet in height; provided however,
that the planning manager or, where applicable, the hearing examiner
may waive these requirements, as appropriate.
7. Landscaping. WTFs shall be landscaped with a buffer of plant
materials that effectively screens the view of the WTF compound;
provided, however, that the planning manager or, where applicable, the
hearing examiner may waive these requirements if the goals of this
section would be better served.
8. WTFs mounted on structures or rooftops. WTFs mounted on
existing structures or rooftops shall be designed and located so as to
minimize visual and aesthetic impacts to the adjoining land uses and
structures and shall, to the greatest extent practical, blend into the
existing environment.
9. Aesthetics. WTFs shall meet the following requirements:
9 Amend KCC 15.08.035-
Re: 5mall Cell Equipment
a. WTFs shall be painted a neutral color so as to reduce
visual obtrusiveness.
b. At a WTF site, the design of the buildings and related
structures shall, to the extent possible, use materials, colors, textures,
screening, and landscaping that will blend into the existing natural and
constructed environment.
10. Lighting. Towers shall not be artificially lighted, unless
required by the FAA or other applicable authority. If lighting is required for
any WTF, the lighting must cause the least disturbance to the surrounding
area.
11. Measurement. For purposes of measurement, WTF setbacks
and separation distances shall be calculated and applied irrespective of
municipal and county jurisdictional boundaries.
12. Franchises, licenses, and permits. Owners and/or operators of
WTFs shall certify that they have obtained all franchises, licenses, or
permits required by law for the construction and/or operation of a wireless
telecommunication system in the city and shall file a copy of all required
franchises, licenses, and permits with the planning manager.
13. Signs. No signs shall be allowed on an antenna or tower.
14. Backhaul providers. Backhaul providers shall be identified and
they shall have and maintain all necessary approvals to operate as such,
including holding necessary franchises, permits, and certificates. The
method of providing backhaul, wired or wireless, shall be identified.
G. Tower requirements.
1. Tower setbacks. All towers, support structures, and accessory
buildings must satisfy the minimum setback requirements for that zoning
district.
2. Support systems setbacks. All guywires, anchors, and other
support structures must be located within the buildable area of the lot and
10 Amend KCC 15.08.035-
Re: Small Cell Equipment
not within the front, rear, or side yard setbacks and no closer than five (5)
feet to any property line.
3. Monopole construction required. All towers will be of a
tapering monopole construction; however, the planning manager or,
where applicable, the hearing examiner may allow another type tower
upon a showing that it would cause less impact to the surrounding
property than a similar monopole structure or would further the purposes
and goals in this section.
4. Inventory of existing sites. Each applicant for a tower shall
provide an inventory of its existing WTF sites that are either within the
jurisdiction of the city or within one (1) mile of its borders, including
specific information about the location, height, and design of each facility.
5. EIA standards. Towers shall be constructed so as to meet or
exceed the most recent EIA standards. Prior to issuance of a building
permit, the building official shall be provided with an engineer's
certification that the tower's design meets or exceeds those standards.
6. Site selection and height. Towers shall be located to minimize
their number and height and to minimize their visual impacts on the
surrounding area in accordance with the following policies:
a. Ensure that the height of towers has the least visual
impact and that the height is no greater than necessary to achieve service
area requirements and to provide for potential co-location; and
b. Demonstrate that the owner or operator has, to the
greatest extent practical, selected a new tower site that provides the least
visual impact on residential areas. This shall include an analysis of the
potential impacts from other vantage points in the area to illustrate that
the selected site and design provides the best opportunity to minimize the
visual impact of the proposed facility; and
C. Site so as to minimize being visually solitary or
prominent when viewed from surrounding areas, especially residential
areas. The facility should be camouflaged to the maximum extent feasible.
11 Amend KCC 15.08.035-
Re; Small Cell Equipment
7. Co-location priority. Co-location of antennas by more than
one (1) carrier on existing towers is preferred to construction of new
towers; provided, that the co-location is consistent with the following:
a. Redesign restrictions. A tower that is modified or
reconstructed to accommodate the co-location of an additional antenna
shall be of the same tower type as the existing tower, or of a less
obtrusive design (such as a monopole), if practical.
b. Height. Except as may be modified in subsection
(I)(1)(a) of this section, an existing tower may be modified or rebuilt to a
taller height, not to exceed thirty (30) feet over the tower's existing height
or one hundred twenty (120) feet, whichever is lower, to accommodate
the co-location by another provider or operator of an additional antenna
system in any district except DC, DCE, NCC, and all SR districts. This
additional height shall not require an additional distance separation.
C. Onsite relocation. A tower that is being rebuilt to
accommodate the co-location of an additional antenna may be relocated
on its existing site within fifty (50) feet of its existing location. If
consistent with the purposes and goals in subsection (A) of this section,
the planning manager or, where applicable, the hearing examiner, may
permit the onsite relocation of a tower which comes within the separation
distances to residential units or residentially zoned lands.
S. Separation distances between towers. Separation distances
between towers shall be measured between the proposed tower and
preexisting towers. Measurement shall be from base of tower to base of
tower, excluding pad, footing, or foundation. The separation distances
shall be measured by drawing or following a straight line between the
nearest point on the base of the existing tower and the proposed tower
base, pursuant to a site plan of the proposed tower. The separation
distances (listed in linear feet) shall be as shown in Table 1, unless the
distance is reduced by the planning manager when administratively
12 Amend KCC 15.08.035-
Re: Smai!Cell Equipment
approving a WTF or by the hearing examiner through issuance of a
conditional use permit.
Table 1
Mono-
Mono- pole
pole 75 less
feet in than
height 75 feet
or in
Lattice Guyed greater height
Lattice 5,000 5,000 1,500 750
Guyed 5,000 5,000 1,500 750
Monopole 75 feet in 1,500 1,500 1,500 750
height or greater
Monopole less than 750 750 750 750
75 feet in height
H. Administratively approved WTFs. The planning manager may
administratively approve the uses listed in this subsection, once each
applicant has applied for and provided all necessary information required
in this code and in the city's application form. This administrative approval
is classified as a Process I application and is subject to the requirements of
Ch. 12.01 KCC.
1. Administratively approved uses. The following uses may be
approved by the planning manager after conducting an administrative
review:
a. Industrial/commercial zones. Locating WTFs, including
the placement of additional buildings or other supporting equipment used
in connection with WTFs, that do not exceed ninety (90) feet in height for
a single user and one hundred twenty (120) feet in height for two (2) or
more users in the following districts: MA, M1, M1-C, M2, M3, CM-1, CM-2,
GC, and GWC.
13 Amend KCC 15.08.035-
Re: Small Cell Equipment
b. Antennas on existing structures. Locating a WTF other
than a tower as an accessory use by attachment to any building or
structure other than a single-family dwelling or multifamily structure of
fewer than eight (8) dwelling units in any zoning district provided:
i. The antenna does not extend more than twenty
(20) feet above the highest point of the structure if a whip antenna, or ten
(10) feet above the highest point of the structure if a non-whip antenna;
and
ii. The antenna complies with all applicable building
codes; and
iii. All associated equipment is placed either within
the same building or in a separate structure that matches the existing
building or structure in character and materials.
C. WTFs on existing towers. Locating a WTF through co-
location by attaching the antenna to an existing tower.
d. WTFs within allowable building height. Locating WTFs,
including placement of additional buildings or other supporting equipment
used in connection with the WTF in O, CC, MRG, MRM, MRH, AG, and A-10
districts, so long as the WTF does not exceed the allowable building height
for that district.
e. COWS for greater than thirty (30) day periods. Upon a
proper showing of extreme necessity (for example, if repair or
modification of an existing WTF clearly and legitimately cannot be
completed within thirty (30) days), locating a COW at a single location for
more than thirty (30) calendar days; however, purely economic
convenience shall not be considered a viable factor in making this
determination.
2. Authority to waive certain requirements. In connection with
this administrative approval, the planning manager may, in order to
encourage camouflaging and co-location of WTFs, administratively waive
separation distance requirements between WTFs by up to fifty (50)
14 Amend KCC 15.08.035-
Re: Small Cell Equipment
percent in nonresidential zones. Additionally, the planning manager may,
in order to encourage the use of the least obtrusive type of WTF,
administratively allow the reconstruction of an existing WTF to that less
obstructive use.
I. Conditional use permits. Applications for conditional use permits
under this subsection shall be subject to the procedures and requirements
of KCC 15.09.030 and Ch. 12.01 KCC, except as modified by this
subsection. If the WTF is not subject to administrative approval pursuant
to subsection (H) of this section, then a conditional use permit shall be
required.
1. Conditional WTF uses. Specifically, conditional use permits
shall be required for the following WTFs:
a. Industrial/commercial zones. Locating WTFs that
exceed ninety (90) feet in height for a single user or one hundred twenty
(120) feet for two (2) or more users or locating antennas on existing
structures that exceed the height limitations in subsection (H)(2)(b) of this
section in the following districts: MA, M1, MI-C, M2, M3, CM-1, CM-2, GC,
and GWC.
b. Government property. Locating WTFs (1) separate
from existing structures on property owned, leased, or otherwise
controlled by the city or other governmental entity or (2) attached to
existing structures on property owned, leased, or otherwise controlled by
the city or other governmental entity exceeding the height limitations in
subsection (H)(2)(b) of this section, but only on the condition that the
total height of the attached WTF, including the structure, does not exceed
one hundred twenty (120) feet, unless permitted under subsection
(I)(1)(a) of this section; however, this subsection shall not apply in DC,
DCE, and NCC districts.
15 Amend KCC 15.08.035-
Re: Small Cell Equipment
C. WTFs exceeding allowable building height. Locating
WTFs that exceed the allowable building height in the following districts:
O, CC, MRG, MRM, MRH, AG, and A-10.
d. Tower construction under allowed separation distances.
Locating towers that do not meet the separation distance requirements in
subsection (G)(8) of this section or that do not meet administratively
approved separation distance limits.
2. Factors considered in granting conditional use permits for
towers. In addition to KCC 15.09.030(D), the hearing examiner shall also
consider the following factors when considering a CUP application for WTF
towers:
a. Height of the proposed tower;
b. Proximity of the tower to residential structures and
residential district boundaries;
C. Nature of uses on adjacent and nearby properties;
d. Surrounding topography;
e. Surrounding tree coverage and foliage;
f. Design of the tower, with particular reference to design
characteristics that have the effect of reducing or eliminating visual
obtrusiveness;
g. Availability of suitable existing towers, other
structures, or alternative technologies not requiring the use of towers or
structures;
h. Obstruction of or interference with views;
i. Consistency with purpose and goals set forth in
subsection (A) of this section.
3. Availability of suitable existing towers, other structures, or
alternative technology. No new tower shall be permitted unless the
applicant demonstrates to the reasonable satisfaction of the hearing
examiner that no existing tower, structure, or alternative technology that
does not require the use of towers can accommodate the applicant's
16 Amend KCC 15.08.035-
Re: Small Cell Equipment
proposed WTF. An applicant shall submit information requested by the
hearing examiner related to the availability of suitable existing towers,
other structures, or alternative technology. Evidence submitted to
demonstrate that no existing tower, structure, or alternative technology
can accommodate the applicant's proposed WTF may consist of any of the
following:
a. No existing WTF is located within the geographic area
that meets applicant's engineering requirements.
b. Existing WTFs are not of sufficient height to meet
applicant's engineering requirements.
C. Existing WTFs cannot practically be reconstructed to
provide sufficient structural strength to support applicant's proposed
antenna and related equipment.
d. Electromagnetic interference would occur between two
(2) or more WTF systems.
e. The fees, costs, or contractual provisions required by
the owner in order to share an existing WTF or to adapt an existing WTF
for co-location are unreasonable. Fees or costs that exceed new WTF
development shall not be presumed to render sharing facilities unsuitable.
f. Other limiting factors render existing WTFs unsuitable.
g. An alternative technology that does not require the use
of towers or structures would be unsuitable. Costs of alternative
technology that exceed new WTF development shall not be presumed to
render the technology unsuitable.
4. Separation requirements. The hearing examiner may reduce
tower separation distance requirements, including administratively
approved separation distance reductions, if the purposes and goals of this
section would be better served; however, development of multiple tower
locations on a single site (often referred to as "antenna farms") are
specifically discouraged wherever possible.
17 Amend KCC 15.08.035-
Re: Small Cell Equipment
3. Removal of abandoned towers.
1. Abandonment and removal. The owner or operator of any
abandoned tower shall notify the city's planning manager, in writing, of
that abandonment and shall remove the same within ninety (90) calendar
days. Failure to remove an abandoned tower within ninety (90) calendar
days shall be grounds to remove the tower at the owner's expense. If
there are two (2) or more users of a single tower, then the city's right to
remove the tower shall not become effective until all users abandon the
tower.
2. Partial abandonment and removal. If the antennas on any
tower are removed or relocated to a point where the top twenty (20)
percent or more of the height of the tower is no longer in use, the tower
shall be deemed partially abandoned. The owner or operator of any
partially abandoned tower shall notify the city's planning manager, in
writing, of that partial abandonment and shall remove the partially
abandoned portion within ninety (90) calendar days. Failure to remove a
partially abandoned tower within ninety (90) calendar days shall be
grounds to remove the abandoned portion of the tower at the owner's
expense.
3. Security and lien. Each applicant, prior to commencement of
construction, shall post sufficient security in the form of a bond,
assignment of funds, cashier's check, or cash, in a form acceptable to the
city, to cover the estimated cost of demolition or removal of the tower and
support structures, including complete site restoration. If for any reason
the posted funds are not adequate to cover the cost of removal, then the
city may charge the facility owner or operator with the city's total cost
incurred in removing the abandoned structures. If the owner or operator
fails to make full payment within thirty (30) calendar days, then the
amount remaining unpaid shall become a lien on the facility property.
K. Nonconforming uses,
18 Amend KCC 15.08.035-
Re: Small Cell Equipment
1. Preexisting towers. Preexisting towers shall be allowed to
continue their usage as they presently exist. Routine maintenance shall be
permitted. Any construction other than routine maintenance on a
preexisting tower shall comply with the requirements of this section.
2. Damage or destruction not the fault of owner/occupant. Bona
fide nonconforming WTFs that are damaged or destroyed without fault
attributable to the owner or entity in control may be rebuilt without first
having to obtain administrative approval or a conditional use permit and
without having to meet separation requirements. The type, height, and
location of the tower onsite shall be of the same type and intensity as the
original facility. Building permits to rebuild the facility shall comply with
applicable building codes and shall be obtained within one hundred eighty
(180) days from the date the facility is damaged or destroyed. If no
permit is obtained or if the permit expires, the tower or antenna shall be
deemed abandoned as specified in subsection (1) of this section.
SECTION 2. - Severabilitv. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 3. - Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 4. - Effective Date. This ordinance shall take effect and
be in force thirty 30 days from and after its passage, as provided by law.
19 Amend KCC 25.08.035-
Re: Small Cell Equipment
q - lq - Ig
DANA RALPH, MAYOR Date Approved
ATTEST:
KIMBERLEY A OMOTO, CITY OAK, Date Adopted
a - 2 � - i,�
Date Published
APPROVED AS TO FORM:
r s,
f,r
TA. Y RITE, DEPUTY CITY ATTORNEY
wn..
20 Amend KCC 15.08.035-
Re: Small Cell Equipment
i
STATE OF WASHINGTON, COUNTY OF KING }
AFFIDAVIT OF PUBLICATION
PUBLIC NOTICE
Polly Shepherd, being first duly sworn on oath that she is the
Publisher of the
Kent Reporter
a weekly newspaper, which newspaper is a legal newspaper of general
circulation and is now and has been for more than six months prior to the date
of publication hereinafter referred to, published in the English language
continuously as a weekly newspaper in King County, Washington. The
Kent Reporter has been approved as a Legal Newspaper by order of
the Superior Court of the State of Washington for King County.
The notice in the exact form annexed was published in regular issues of
the Kent Reporter (and not in supplement form) which was regularly
distributed to its subscribers during the below stated period. The annexed
notice, a:
Public Notice
was published on September 21, 2018
The full amount of the fee charged for said foregoing publication is the
sum of$142.04 .
C, d
Polly Sheph rd
Publisher, Kent Reporter
Subscribed and sworn to me this 21" day of September, 2018 .
Jenn- er Trib e tary Public for the State of Washington, Residing in
'0 ing, Washington
SWAP
(P w, PUSLBG q
CITY OF KENT
NOTICE OF ORDINANCES AND RESOLUTIONS
I
PASSED BY THE CITY COUNCIL
The following are summaries of the ordinances and resolutions passed by the Kent
City Council on September 18, 2018:
ORDINANCE NO. 4286 - AN ORDINANCE of the City Council of the City of Kent,
Washington, amending section 15.08.035 of the Kent City Code, entitled "Wireless
telecommunications facilities," to add definitions and a land use review exemption
relating to small cell equipment.
This ordinance shall take effect and be in force 30 days from and after its passage,
as provided by law.
RESOLUTION NO. 1974 - A RESOLUTION of the City Council of the City of Kent,
Washington, recognizing Lake Meridian Ridge Neighborhood Council.
This resolution shall take effect and be in force immediately upon its passage.
RESOLUTION NO. 1975 - A RESOLUTION of the city council of the city of Kent,
Washington, that: (1) authorizes the submission of an application for grant funding
assistance for salmon recovery projects administered by the Recreation and
Conservation Office, as provided for in Chapter 77.85 of the Revised Code of
Washington, and Chapter 420 of the Washington Administrative Code and other
applicable authorities; and (2) identifies the Public Works Director and/or Mayor as
the City's authorized representatives for purposes of securing the grant and binding
the City to the grant's terms and conditions.
This resolution shall take effect and be in force immediately upon its passage.
A copy of the complete text of any ordinance or resolution will be mailed upon
request of the City Clerk.
Kimberley A. Komoto, City Clerk
Kent Reporter Friday,September 21,2018 15
" pnneuncemenb Leval Notion. Legal Notlme cioi Notiva. Legal Nntlee. Legal emthim.
PROMOTE YOUR RE the grant And Mrhaing the CITY OF KENT structure and shad on has asked the Court to rewvA.Cwxla.wa.pav,+bnne
" I SIGNAL EVENT state. City 10 the grenlp terms PUBLIC NOTICE the ship w1II be removed decide the presumed • The Asealdslmgvp Of,
wide with a W25 classl and othoesum SEPATHRESHOLD Comments are due for parprvl, "soon Apron III o1 the COURT ell:
( / / Ilea Batlrig or$15]5 for This rasolmlon shall lake DETERMINATION the Iwo fine l by JmrVes le NOT In"Ip pl (060 705�SB2B
a display ad Cell this effect and be In force m Pursuant to KCG 11 03 4 30 p.m., October S. pp.fare nl King Esc I . l�peNome, Lawmil,
l newspaper or 350-344- rand ately upon its pee Environmental Polley, 2019. to CdN of Kent wlimpera WwWWpphln t
dick.wwwsoundclassifieds.eom 293B far details. Debt, the C of Kent has Is Planning 8........ At, OPndaw q4p
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email!classified@ VORGE G-SE DI- b copy GI the complete sued a threshold The
deter AKP, LY0 Gonegre, sorting Im O6e epmrl y . The ocoa of Chivy
V155 -SEPARATION, rextl of any ordinance or mnation for the follow AICW SERA AOffe venue cmneWmt your yelp. dow ila ,(for or cmumty
sound ublishin eGm drop $175 WithCOURT
cell- gm men will be mailed In,Determination
Sou Fourth Avenue opened t b He. lawery y[dmai Co
p 9• dren, N COURT AP-mc. upon request of the GIN Deyen01te(O of Nonsig- For Kent,WA9matio spouse must op filed 60 your Fn Fhilvatinanced
a espy n
Property ES Includes Ciank. LFKpnGORDONIOr'. For more Information, and served watln 60 parr Rewhonep to tlhe
call toll free! 1.888.399.3999 support bills, cusmtl. Kimberley A. Kumuto, LE CORDON B AU amine Kent Planning dupe of the date this parson who filed this
support ffee . Complete prep' City 46264aB SUBDIVISION sisAvenues at 2Ke , Took summons is a and a If Summons at the May
Gr1.800.388.2527 L.,.ln er do., 11M11, 402643e ENV-2017-33/RPSW-21 Avenue S„ Kent, WA you do not fileand No. dress hello.. You may
Legal Alterna Warn era 9/21/1B ]490d Christ Taiephpny your of Apnan or a Ny use receipt mall with
Yreleft. econs a- Preliminary Plat l (253) 05&5454. Amy tiro pr Appasrence by return receipt mationten
a Ppgornatives com CIBY C NOTICE
RP f..l Areas
pavesn v putty a For more Information read
on
Real Fafate no Rant wpartmente or Rent � PUBLIC NOTICE 1e'q. ® she do.tllixla:
King county King co SEPATHRESHOLD RECRl Areas Review / gun
mammal to • No one hue to notify how to serve r d 5u
Lagm Nonce° DETERMINATION RECR2163]92 men shouldo intuit the yaa sbmtl abhpv hearings Peeler Court Clvl Rule S.
Baxrox aeose y/:>Ewgwm,r;,lJ)dy yPy�y The Applicant proppeas City for m re nforma In lots cove,antl 9 File your Crgcal Re
CITY OF KENT Pursuant to Kee 11 03, to subdtivide A 43B flow tlon. Poe TDO relay der .The court may aspmv opened with The court
i NOTICE OF Environmental Policy, p#MOP Into 22 slni vice, call Ina requests in the Pell- clerk at this address.
♦ '""""" ORDINANCES AND the City of Kent has is Iontilly meld.M1.1 uses, 1'800-033-6380 or iM1e fMm without hearing yWa' Superior Court Clerk
�tl yrr RESOLUTIONS sued a threshold deter- pvo landscape ire ts, Clry of Kant al sloe. Icellea A dpfutitl King County
T /sl "'^"d'* PASSED BYTHE LrtY mnetlon for the follow- one r 8n Lion tract Gne 1253466n-B]2S, judgment). 401 4th Ave North, Rm
wM COUNCIL I^9h dismissals lost and sd E>In GpofSSe, AIGP, F.Boss,these soaral 2C
SNOWBIRDS The following are sum- Inhumbablat of Nmal three private access Ru'gpGnAObtle INlYcial 1.Bud the po 1prt and Kent,WA 93302
LEAVINGTOWN "Be at Kent must®.Of the ordinances allearich tDNS)for bads Primary access AD For Publtcatlon:Sap- any othe, documents 5�hmwym fop[v"VImd:
2 SR IAKEFRONT fully Senior Community and noemlWema passed MALDONADO SHORT to abe new development tember2l,2016 that were flied at court It's o good Ida.In Talk W
furnished home on Sha- is now aPon l by tlhe.Kent City Council PIAT is pfgKread IVOm a IYFw #826451 with lets Summons. a MWyap Mot peel may
dy Lake Got focus so IARC at Kentand has beau- On Sepinmberl , 42 301RPSW 21742751 ] public street cennecgng Superior Court of These documents ex- file wM anerp your Ani
avoidable Oct l°i until tiful one and two bed- ORDtlM'ANCE NO. tlPd£ to to61h Avenue SE. A Washington, Vpas, weal the Pnnn.O., spouse Without on-
June 1`11 Ids all this room apartment homes. -AN ORDINANCE of the Preliminary Short Plat / wetland is located In the Lou of King IF solaria for Person fill, the Sum-
RPSS.21]4376 fdlf
+2flatl plan N°1 Our dommunhy oilers fl Ski^ Kent. Of the Lay Conrad Areas Review / eastern mason to the In his AARON JO 2. FIII Out a flespon a moos'
$1oamo iWofth No Pat.. thebilfiaref me area, N or Kent, Washington, site. The else Is Avenue JASON AARON Jell thlo Patching.
/s/ Beverly L. Noted,
No 2068Nn85450,Pat.. reas Center 2bull M h. mending ve K.nl Th.on 01]43]3 at told 1UBID Avenue And DADAR.sifteo LEN FL Parentage 356, Ra. WSBAK to 55
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206 B9BS450. s center, a lull Mich. 15.OB.035 of 1h0 leant. The a Idaia p73 sci9 SE and ItlentAss es AMANDA LARLENE spouse s eapanin to agree for this Cato legal
for eniryv{plulle®®„ her C1tyN' is ONlpdao to suI sh a 0]3 ammo KingCountyAssessor DUNLAP R rtivn pn.aY / topes PBr t49th SO at:
wpartmentetot Rent WI p in in
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KInQ County mplrnenlary a11es n Ilona fatal lee," 10 fll}d aps.t r0$I0"1'01 IA1u. 11106bnQ2B TOO fro NO.le-SR ps""KN1 Yer can gilt 1M1B RB- 1U1
aeeT tlhe eIFM1'Yhas s mmmW dptlMkdme. and a Idtgtl TMe exI'doo meidpon, fact erte is Cocoa Sol summpne Sprvpd by spouse earl other forms Burlen WA 90166
use revaw Rxere d9n On on, property will be boverl noretl®
Scenic Vista Mh' gu+army dog purK, minim p retained on Lot 1. Ac- single family reo-lttlpntlof P4bnts11p41 at y
p D D .,I y ass to all lots will be An ehpngpnptl and tli To Amanda Darlene -Th. Washington State SeniorA artments Y monoll g to small cell Published In
rwWFWnara, lopld'onl equlpmpnt lapldated esidentisl Dunlap, the liner party Csuns' wehshie' Published In the Kent
Apartments Now owonle arvd moral Wo This realness shall take from SE 21Bth Place, A • „",,,,,,, - Reporter on W31/18,
Available Oro a a ly anted idench- effect and be In force 30 Welland s located on the --
Beeulllu1182RRs gf, with bgeaiMu] PsuM days from and attar As eastern portion of the 9O/1B, 9114/1 B, 9/21110,
starting at$NO/mo $soon , Select homes sage, as Provided by ferocity The It s Is- a J( Imo/ 9/2B/1B,10/5/10
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Section Lilts Arr d. aid at 12913 SE 21Bth Service Directory lte23fiB2
Will a Y beamd VYorvs aw a and Bell d as Income Limits Apply n1 greenery Detaches odd Maur RESOLUTION NO. f the Pi employment
Cell Susan Pslnierf sliW Oat -la RESOLUTION si the King CountyCounty Assessor
number
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Thin hiedeffo Don.Fiew 0 f Kent with plenty MOOSTAXIttgg Leka F.An lend ota Is zoned SR 46 _ lair
dPlrrraeAY Pro me nnrt fshopping, re Laura s ridlan RAlg knighbc single family re Itlant al
E proyer antl crBagr al tie bred CaUNei. Comments are due for
1I XBup In the are. We This camis l shot takeiM1e above mrplgo' by V, Z
are right off of Highwayeffect e d b Tome Im 430 P.m., labor 5, tL 6l of d
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rated close to Kent St sapp0. "ad
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Hear?ja,/ ter.For a Ili led time we A RESOLUTION of the AICP. 6EWA OfRkl'0h recto tar ad. we Speak e. Lew c man sovve.
have one month t Iry Council of the city f zz0 Fourth Avenue oe chit �,,,,,,,,,,,,,,,,,,,_
free on select apartment is t, Washington, that South,Kent,WA 98032 RELIEFTRANSIF
homes and $10o OFF (1yy palhmlza. the sub For more information, RENOBUILD A-1 SHEER - OPERATORS
When it comes to ism samualy deposit] mlaedon Of an appecaoan [rooter Kent elnnnang Flooding& GARDENING& � - at
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employment, SraP by and vial us to, be grata muskeg hied.. Avolo. s,, 2sort, WA wn:. Wild.R LANDSCAPING 1964tPloome $223
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