HomeMy WebLinkAbout4409ORDINANCE NO. 4409
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 6.16 of
the Kent City Code, relating to the design standards
for small wireless facilities installed on utility poles,
city-owned infrastructure and streetlights, and
amending sections 6.15.050 and 15.08.035, to
update definitions related to wireless
telecom m u nications facilities.
RECITALS
A. As the City continues to support the deployment of small cell
technology within the rights-of-way on utility poles, streetlight standards
and city-owned infrastructure, minor amendments to the design standards
are necessary to address changes in federal law and to better facilitate the
industry's deployment of these facilities, including 5G antennas. At the same
time, the design standards work to overall minimize visual clutter and the
public safety impacts of this technology as it proliferates within the public
right-of-way. These standards also address the specific impacts to
residential areas including limiting the height of poles and prohibiting the
installation of ground-mounted equipment'
7 Amend KCC 6.76'
Re: IltilitY Design Standards
in the Right-of'WaY and
KCC 6.75.O5O and 75'O8.O35 - Re: Wireless
Te leco m m u n icat io n s Fa c i I ities
B. Because it is possible that these facilities may be deployed
outside of the right-of-way, but have similar impacts, this amendment
clarifies that the design standards also apply to small cell technology
installed on streetlight standards or other utility poles outside of the right-
of-way (e.9., in private parking lots).
C. This ordinance also updates the terminology for small cell
technology and definitions to align with the terms and definitions used in
federal law and to clarify the application of the design standards'
Specifically, the term small cell equipment or facilities has been changed to
"small wireless facilities," It also adds language to clarify that the design
standards for small wireless facilities installed on city-owned infrastructure
(defined as poles, streetlight standards or other street-related
appurtenances located in the right-of-way and owned by the City of Kent),
also apply to the streetlight standards throughout the City that are not city-
owned.
D. Additionally, this ordinance adds enhanced flexibility to
accommodate ever-changing technology and the technical requirements of
equipment, such as the sensitivity of 5G antennas, which cannot be painted
or shrouded. As part of this enhanced flexibility, a new type of combination
pole has been included to allow a design in which all equipment and
antennas are located internally, except for 5G antennas, which must be
slightly recessed in order to function. These updated design standards still
preserve the requirement to keep bulky equipment cabinets and shrouds at
the top or bottom of these Poles'
E, A new section 6.16,070 allows for the deployment of strand
mounted facilities, in which small wireless facilities are installed directly on
2 Amend KCC 6.76 -
Re: tltilitY Design Standards
in the Right-of-WaY and
KCC 6.75.O5O and 75.O8'O35 - Re: Wireless
Te leco m m u n icat io n s Fa ci I it i es
the cables between utility poles. This new section sets forth design standards
applicable to these facilities.
F, This ordinance also updates section 15.08.035 to update
terminology and definitions to better align with federal law and to reflect the
evolving types of wireless telecommunications facilities being installed.
G. City staff consulted with representatives from the wireless
industry on these code amendments and the ordinance was submitted to
the Department of Commerce on June 14, 2O2L.
H. On May 28, 2O2I, the City's SEPA Responsible official issued
an Addendum to a March 29,2Ot9 Determination of Non-Significance for
the proposed code amendment.
I. At its regularly-scheduled meeting on July L2,2021, the Land
Use and planning Board held a public hearing regarding the proposed code
amendments.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
9ECTION 7. - Amendment 6.15.050. Section 6.15.050 0f the Kent
City Code, entitled "Applications - Contents" is amended as follows:
Sec. G.15.O5O. Applications - Contents. The director is authorized
to establish an application form or forms appropriate for public utilities and
3 Amend KCC 6.76 -
Re: IltilitY Design Standards
in the Right-of'WaY and
KCC 6,75.O5O and 75.O8.O35 - Re' Wireless
Te lecom m u n ications Faci I ities
other qualified service providers to apply for a franchise or limited license
agreement. The form shall contain at a minimum:
A, Information identifying the applicant, its corporate or other
organizational structure, and the contact agent'
B. Property and facility information including, but not limited to:
1. The nature of the request - as an application for a new
franchise, an application for renewal or amendment or an application for the
transfer of a franchise,
Z. A description of the specific services that the applicant expects
to provide within the city including whether the services will be provided to
the general public, to commercial and/or residential customers or to other
utilities and service providers.
3. A description of the facilities to be located in the right-of-way
including, but not limited to, telecommunications service facilities, small eell
equ+@,conduits,fiber,pipelines,andotherfacilities
appropriate to the specific utility or service providers' utilization of the right-
of-way. Small designs shall be submitted
with the application. The director may require designs of other facilities'
4. A statement that the necessary pole attachment or lease
agreements with the owners of other facilities located in the right-of-way
have been obtained.
4 Amend KCC 6.76 -
Re: lltilitY Design Standards
in the Right-of-WaY and
KCC 6.75,O5O and 75.O8.O35 - Re: Wireless
Telecom m u n icatio ns Faci I ities
5. Estimated beginning and end dates for construction
6. A statement that any licenses, certificates or authorizations
required from the Federal Communications Commission, the Washington
Utilities and Transportation Commission and any other federal or state
agency with jurisdiction over the proposed activities to be conducted in the
right-of-way have been obtained.
7. A description of the services provided and any and all state and
local taxes which may aPPlY.
8. The service area for which the franchise is requested, including
a map of the area to be covered by the franchise and specific locations of
the initial build out and, if known, proposed future build out locations
including which proposed facilities will be underground, ground based,
and/or aerial.
9. Upon request from the city, financial statements prepared in
accordance with generally accepted accounting principles demonstrating the
applicant's financial ability to construct, operate, maintain, relocate, and
remove its telecommunications facilities. This provision shall not apply when
prohibited by the federal Telecommunications Act.
' 10. A detailed description of the applicant's previous experience in
providing the intended service which includes a list identifying, by place and
date, other franchises obtained by the applicant, its parent, or subsidiary.
5 Amend KCC 6.76'
Re: IltilitY Design Standards
in the Right-of-WaY and
KCC 6.75.O5O and 75.O8.O35 - Re: Wireless
Te I eco m m u n icat io ns Faci I it ies
11, Such other information as the director determines would be
relevant in considering the application.
EOTION 2, - Amendment. chapter 6.16 of the Kent city code
entitled "Utility Design Standards in the Right-Of-Way" is amended as
follows.
Sec. 5.16,010. Purpose.
A. The city council, as trustee of the city's public right-of-way, has the
authority to authorize right-of-way use by utilities and other entities in order
to serve the public if an agreement consistent with state and federal law and
the best interests of the city and its residents can be reached. The purpose
of the design standards set forth within this chapter is to locate small eeH
eff+i@,utilitypoles,andotherinfrastructureinthe
city's rights-of-way in a manner that minimizes potential incompatibilities
with adjacent uses, addresses traffic safety, limits bulk, and minimizes
aesthetic impacts.
Seet+on-++SS€a)-
wireless facilities installed on streetlight standards or other light Foles
outside of the right-of-way in order to address these same impacts to traffic
and pedestrian safety, to limit bulk and minimize aesthetic impacts.
6 Amend KCC 6.76 -
Re: IltilitY Design Standards
in the Right-of-WaY and
KCC 6.75.O5O and 75.O8.O35 - Re: Wireless
Te leco m m u n icatio n s Faci I it ies
Sec. G.16.020. Conflicting provisions. In the event of a conflict
between the provisions of this chapter, the terms of any issued franchise,
master license ao ment.r any federal law or federal regulation, it iso
intended that the stricter standard shall apply unless the context clearly
evidences a contrary intent, or unless the city is preempted on the issue by
applicable law. Should any franchise or other applicable law be silent on the
issue of conflict, this section shall control'
sec. 6.15.O3O. Definitions. The following words, terms, and
phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different
meaning:
A. City-owned infrastructure means poles, street-light standards, or
other street-related appurtenances located in rights-of-way and owned by
the city of Kent.
B. Combination pole means a pole which includes both a streetlight and
small@facilitiesthatreplacesexistingcity-owned
infrastructure, or other streetlight standards not owned by the city.
C. Director means the city of Kent public works director, or fu*er
designee.
D. Franchise refers to the authorization granted by the city to a utility or
other service provider for the nonexclusive right to occupy city rights-of-way
to provide service within a designated franchise area. A franchise shall be
7 Amend KCC 6.76 -
Re: lltilitY Design Standards
in the Right-of'WaY and
KCC 6.75.O5O and 75.O8.O35 - Re.' Wireless
Teleco m m u n icat io n s Fa ci I ities
authorized by ordinance and must be accepted by the franchisee to become
effective. A franchise shall not include or be a substitute for:
1. Any other permit or authorization required for the privilege of
transacting aniJ carrying on business within the city, including without
limitation a business license; or
2. Any permit, agreement, or authorization required in connection
with operations on or in public streets or property, including, without
limitation, a street cut permit, a street use permit, or other construction
permit or approval; or
3. Any permits or agreements for occupying any other property in
the city for which access is not specifically granted by the franchise,
including, without limitation, permits and agreements for placing devices on
or in poles, COnduitS, other Structures, Or railroad eaSementS, whether
owned by the city or any other public or private entity, or for providing any
service.
E. Rights-of-way (singular right-of-way) means the surface of, and the
Space above and below, dflY public street, highway, freeway, bridge, land
path, alley, court, boulevard, sidewalk, WdY, lane, public way, drive, circle,
pathway, space, or other public right-of-way, and over which the city has
authority to grant permits, licenses, or franchises for use thereof, or has
regulatory authority thereover. Rights-of-way for the purpose of this chapter
do not include railroad rights-of-way, airports, harbor areas, buildings,
parks, poles, conduits, open Spaces, nature trails, dedicated but unopened
right-of-way, undedicated streets and/or right-of-way, environmentally
B Amend KCC 6.76 -
Re: IltilitY Design Standards
in the Right-of-Way and
KCC 6.75,O5O and 75.O8'O35 - Re; Wireless
Telecom m u n icatio ns Faci I ities
sensitive areas, and any land, facilities, or property owned, maintained, or
leased by the city in its governmental or proprietary capacity or as an
operator of a utility.
F. Small edkquieffien+orryjrelesy facilities means facilities that meet
each of the following conditions:
1. The facilities -
including their antennas as defined in 47 CFR 6 1.1320(d); or
taller than other adjacent structures; or
Dn nnt avfanrl ovictinn cfrr rrtr rrac /\n ralhirh l-harr r raa
whichever is greater;
associated antenna equipment (as defined in the definition of antenna in 47
?All ^l-lrar rrriralacc ant tinrt,l nf rccnniafarl rivifh fh a cl-rr rnf r t ra
feet in volume.
9 Amend KCC 6'76 -
Re: lltilitY Design Standards
in the Right-of'WaY and
KCC 6.75.O5O and 75.O8'O35 - Re: Wireless
Te leco m m u n icatio n s Fa ci I ities
wireless teleeommunieations faeilities attaehed; mounted; or installed on a
right of way and used to provide personal wireless serviee:
G. Traffic control signal system means traffic signal poles, mast arms,
luminaires, and associated mast arms, ancillary poles, and related
appurtenances,
H, Utitity pole means a pole or vertical structure owned by a utility
company or other third party with the right either pursuant to state law or
a franchise to place such facilities in the right-of-way. It also includes light
right-of-way, An original utitity pole is a pole that has not been replaced to
accommodate small dl-lytfClg55-facilities or other wireless facilities, but that
is capable of accommodating small eett-wueless-facilities or other wireless
facilities. A replacement utitity pole means a pole that replaces an original
utility pole to accommodate small eetl--UfifelCss-facilities or other wireless
facilities and does not result in an increase in the total number of utility
poles. Each reference to a utility pole herein includes any original utility pole
and any replacement utilitY Pole.
Sec. 5.16.040. General Requirements.
A. All utility petesand light poles, wireless facilities. and small €el+
equ+pffierg-6,rlyggl€S9 facilities shall be constructed or installed according to
applicable federal, state, and city regulations and standards, including the
City of Kent Design and Construction Standards.
10 Amend KCC 6'76 -
Re: IltilitY Design Standards
in the Right-of-WaY and
KCC 6.75.O5O and 75'O8'O35 - Re" Wireless
Telecom m u n ications Faci I ities
B. Ground-mounted equipment in the rights-of-way is prohibited, unless
such @ placed underground or is otherwise approved
by the director.
C.Small@facilitiesarenotpermittedontraffic
control signal systems.
D. Small wireless facilities are not permitted in residential zoning districts
nralaacc rrflinarl in VCC 1\flAO rnd VCC 1 tr no n?q
DE, All poles shall comply with the Americans with Disabilities Act (*ADA'),
City of Kent Design and Construction Standards, and state and federal
regulations in order to provide clear passage within the rights-of-way' The
location of any replacement or new utility pole, or combination pole must
not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control
devices), not interfere with sight distance, and not adversely affect public
health, safety, or welfare.
EE. In order to minimize negative visual impact to the surrounding area
and to avoid excessive overhead clutter, the director may deny a request
for proposed or small wireless facilities
where the proposed location is deemed inappropriate due to the extent of
existing aboveground wireless telecommunications or other electrical or
11 Amend KCC 6.76 -
Re: IltilitY Design Standards
in the Right'of-WaY and
KCC 6.75,O5O and 75'O8,O35 - Re" Wireless
Te leco m m u n icat i o n s Fac i I it ies
cable facilities existing within a 1SO-foot radius of the proposed small-eeH
eq{*i@ or small wireless facility location. The director
may also deny a request for proposed
on a utility pole already containing more than one electrical transformer.
FG. The use of any city-owned infrastructure, other streetlight standard,
or utility pole for the siting of small within
the right-of-way shall be considered secondary to the primary function of
the pole. If the primary function of a pole serving as the host for small eell
eftfi@ becomes unnecessary, the pole shall not be
retainedforthesolepurposeofaccommodatingthesmall@
facilities, and the small all
associated equipment, shall be removed.
GH. Replacement utility Poles
existing pole, while meeting the eurrent €ity ef Kent Design and €onstruetion
fol lowino reouirements.
facilities or other wireless facilities) shall be located as near as Possible to
removed,
wireless ilities other than small wireless faci lities. shall be no ore than
20 feet taller than adjacent utility poles. unless an additional height increase
72 Amend KCC 6.76 -
Re: IltilitY Design Standards
in the Right-of-WaY and
KCC 6,75.O5O and 75.O8'O35 - Re: Wireless
Te leco m m u n icat io ns Faci I it ies
reouirem set forth in KCC 6.16.05 0rc)r1)-(4)
HI. Replacement and combination poles shall match or be similar to the
color and material of the original or adjacent poles. Replacement and
combination poles shall be located in a location that minimizes the
appearance from existing adjacent residential structures to the maximum
extent feasible. For example, locations where new poles or replacement
poles would be close to windows, in front of historically or architecturally
significant buildings, or in locations where the equipment would disturb
views of significance should be avoided.
IJ. The number of conduits shall be minimized to the number necessary
to accommodate the facilities or equipment on the utility pole. The color of
external cables, wires, and conduits shall match or be similar to the color of
the utility pole or be a neutral color such as black, brown, beige, off-white,
or light gray. The conduit shall be mounted as closely as possible to the pole,
while still meeting the required safety clearances.
JK. All cables and wiring on utility poles shall also be concealed to the
maximum extent feasible. Any wires outside the conduit shall be
consolidated and pulled as tight as technically feasible. Loops of excess wires
13 Amend KCC 6,76 -
Re: IltilitY Design Standards
in the Right'of-WaY and
KCC 6.75.O5O and 75'O8.O35 - Re: Wireless
Teleco m m u n ications Faci I ities
shall not be lashed to the pole, to electrical wires supported by the pole, or
to any pole-mounted equiPment.
KL. Ancillary equipment and facilities, including conduit and cable, shall
not dominate the structure or utility pole upon which these things are
attached.
tM. Antennas and related equipment shall not be illuminated except for
security reasons, required by a federal or state authority, or unless approved
as part of a concealment element plan.
M; Side arm moHnts and strand moHnts for antennas or eqHipment are
pFeffi+tedr
N. The city may consider the cumulative visual effects of small eell
ee$i@mountedonpoleswithintherights-of-waywhen
assessing proposed siting locations so as not to adversely affect the visual
character of the area. This provision shall neither be applied to limit the
number of permits issued when no alternative sites are reasonably available
nor to impose a technological requirement on the service provider.
O. These design standards are intended to be used solely for the purpose
of concealment and siting. Nothing herein shall be interpreted or applied in
a manner which dictates the use of a particular technology. When strict
application of these requirements would unreasonably impair the function of
the technology chosen by the applicant, alternative forms of concealment or
deployment may be permitted which provide similar or greater protections
from negative visual impacts to the streetscape.
74 Amend KCC 6.76 -
Re: IltilitY Design Standards
in the Right-of-WaY and
KCC 6.75.O5O and 75.O8.O35 - Re; Wireless
Teleco m m u n icatio ns Faci I ities
P. No equipment on any utility or combination pole may be operated so
as to produce noise in
sec' 6'16'050' small design
standards and aesthetic requirements on utility poles.
A. Locations
1, Small on utilitY Poles shall be
located in a location that minimizes the appearance of small €el+
eq*+@fromexistin9adjacentresidentialstructuresto
the maximum extent feasible. For example, best efforts shall be used to
avoid locations where small would be close
to windows, in front of historically or architecturally significant buildings, or
in locations where the equipment would disturb views of significance.
2. A utility pole shall not contain more than one small €el+
+a+t+tywjrelcsslaelity.
B. Replacement utitity poles. The height of any replacement utility pole
to accommodate small wireless facilities. including antennas shall be: 50
feet or less; or not extended to a height of more than 10 percent above its
preexisting height as a result, whichever is greater.
15 Amend KCC 6.76'
Re: lltilitY Design Standards
in the Right-of'WaY and
KCC 6.75.O5O and 75,O8.O35 - Re" Wireless
Te lecom m u n ications Faci I ities
C. Small eet+----eguieffientwireless faciliti$ design- Small €e+l
effi@shallcomplywiththedesignstandardssetforth
within this section.
1. Color. Small antennas,
conduit, mounting hardware, and equipment cabinets shall be painted-a
neutral color t€-the!_matches or is similar to the color of the utility pole, or,
at the city's preference, small shall be
painted any color of the city's choosing, so long as the paint is reasonably
commercially available, and painting is technically feasible.
2. Mount. Small shall be mounted
ascloselytotheutilitypoleas,andshallnot
extend out more than three feet from the pole. Ground-mounted equipment
is prohibited", unless otherwise
3. No illumination. Except as otherwise required by applicable law,
small shall not be illuminated'
4. Concealed wires. Small
external cables and wires shall be enclosed in a conduit so that wires are
protected and not visible or visually minimized to the maximum extent
feasible. The number of conduits shall be minimized to the number
necessary to accommodate the small €el-l-lyileles5-facility, and the conduits
shall be mounted as closely to the pole, while still meeting the required
safety clearances necessary for the pole to remain climbable. The color of
external cables and wires and conduits shall match or be similar to the color
16 Amend KCC 6.76 -
Re: IltilitY Design Standards
in the Right'of-WaY and
KCC 6.75.O5O and 75'08.935 - Re: Wireless
Telecom m u n ications Faci I ities
of the utility pole or be a neutral color such as black, brown, beige, off-white,
or light gray. All cables shall be also be concealed to the extent feasible.
5. Bulk
a. Primary small eeH-wireless facilitl* equipment
enclosures shall not exceed i2-flcubic feet in volume'
b. Multiple antennas are permitted; provided, that the
cumulative total antenna volume shall not exceed *2-.1L cubic feet.
c. If, due to technological reasons, the proposed equipment
enclosures do not comply with this subsection, the director may approve
primary small eeH-wireless facilities equipment enclosures up to 28 cubic
feet in volume following a submission to the director demonstrating that the
proposal includes the smallest smatl-eetl--equipment enclosure that is
tech nological ly feasible for the specific smal I eell-wueless-faci I ity. Si m ila rly'
antennas.
6. Stickers. The use of stickers on
minimized to the extent feasible.
utility poles should be
sec. 6.16.060. small design
standards and aesthetic requirements on city-owned infrastructure
and other streetlight standards.
t7 Amend KCC 6'76 -
Re: IltilitY Design Standards
in the Right-of-WaY and
KCC 6.75.O5O and 75.O8.O35 - Re: Wireless
Te leco m m u n i cat io n s Faci I it ies
A. General considerations.
1. In order to install small on city-
owned infrasttucture the existing €it)rewft+pole must be removed and
replaced with a combination pole meeting the requirements of KCC
6.t6.04O, General requirements, and this section. In order to install small
wireless facilities on other existing streetlight standards not owned bY the
6.16.040. General requirements, and this section 6.16.060, or the aPPlicant
must submit a structural load rating analysis. Alternatively, the director may
approve the installation of a combination pole in a location where it has been
identified that a streetlight is necessary and if the installation of the
combination pole complies with the lighting criteria set forth in the City of
Kent Design and Construction Standards. Streetlight standards outside of
chapter,
Z. @ of combination poles are allowed:
(a)combinationpolewithacanister@antennas;
(b) combination pole with equipment shroud; an*(c) combination pole with
canister and/or shrouded antennas and equipment shroud; and (d)
nnmhin=tin nala rrriflr anr rinrtronf anrl antannlc rrlif hi {-ha nrilo.;dS
generally depicted in Exhibit A at the end of this section. Equipment is also
requirements within this section 6.16.060.
18 Amend KCC 6.76'
Re: IltilitY Design Standards
in the Right-of-WaY and
KCC 6.75.O5O and 75.O8.O35 - Re" Wireless
Teleco m m u n ications Faci I ities
B, Requirements for all combination poles
1. The design of a combination pole shall @
similar to the existing city-owned infrastructure or other streetlight standard
installed adjacent to the proposed combination pole and substantially
conform to the depictions in Exhibit A at the end of this section or those
subsequently adopted in the City of Kent Design and Construction
Standards. The same combination pole shall be used in the same corridor,
in a defined area with adopted design standards or guidelines, or within a
neighborhood to maintain a cohesive appearance, unless the director
5^nFA\r6c {-ha in +allalian a€ = AiFFarant cfrrla nf mlrinafinn nnla -
2. The height of any combination pole replacing city-owned
infrastructure or other streetlight standard including antennas shall be: 50
feet or less; or not-extended to a height of no more than 10 percent above
its preexisting height-as++esult, whichever is t'essgrcAlef. The height of a
combination pole installed at a new location pursuant to subsection (A)(1)
of this section shall be approved by the director.
3. The diameter of the combination pole shall be no larger than
16 inches. The director may approve a diameter up to *-ZL .inches if an
applicant can demonstrate that more space is needed.
4. No horizontal flat spaces greater than one and one-half inches
shall exist on the combination pole to prevent cups, trash, and other objects
from being placed on the Pole.
5, All wiring and cabling shall be internal to the combination pole.
19 Amend KCC 6.76 -
Re: lltility Design Standards
in the Right-of-Way and
KCC 6.75,O5O and 75'O8.O35 - Re: Wireless
Te lecom m u n ications Faci I ities
6. Any antenna(s) or equipment shroud shall be colored to match
or be similar to the combination pole.
7. Any splicing of wiring and cabling shall be underground.
8, The luminaire shall be mounted at the same height
surrounding luminaires.
as
g. All mounting brackets, anchor bolts, and other hardware
connections shall be concealed.
C. Requirements for specific combination pole types.
1. Combination pole with a canister and/or sffied antennas
a. The antenna shall be a canister or shrouded antenna and
mounted at the top of the combination pole. There shall be a smooth
transition between the upper part of the pole and the antenna and the
antenna shall be integrated so that it appears as a continuation of the
original pole. Antennas shall be scaled to be a maximum of 1.25 times the
diameter of the pole at the antenna-mounting location.
b. The canister antenna and/or antennas s,hr#shall be
colored to match or be similar to the combination pole.
2. Combination pole with equipment shroud
20 Amend KCC 6.76 -
Re: lltilitY Design Standards
in the Right-of-WaY and
KCC 6.75,O5O and 75.O8.O35 - Re: Wireless
Te leco m m u n i cat io ns Faci I ities
a. In place of an antenna at the top of the combination pole,
a single external shroud .containing the antenna and other equipment
mounted to the pole will be allowed.
b. The shroud shall be attached near the top of the pole in
such a way that the wiring, cables, and equipment is hidden from view'
3. Combination pole with canister and/or-shrouded antennas and
equipment shroud.
a, This type of eombination pole is allowed when various
small eell te€hno
ffi
a. The antenna shall be a canister or shrouded antenna and
antenna shall be integrated so that it appears as a continuation of the
1A innhac i r{irmal-ar rrrhinharrar i arasl.ar Tf tha rnfann a:nnn{- ha
intanrrl-arl rifJrin r nrnicl'ar nr ch ttA f a a Rl? rnfann.a \ {-han fha
antennas may only be installed near the top of the pole in such a waY that
tha ralirinrr r-:.lrlac rnd anrrinmanl- ic hirl n frnm rriarrr
2I Amend KCC 6.76'
Re: lltility Design Standards
in the Right-of'Way and
KCC 6.75.O5O and 75.O8.O35 - Re.' Wireless
Te I eco m m u n icat io n s Fa ci I ities
b, The equipment shroud shall be attached near the top of
the pole in such a way that the wiring, cables, and equipment are hidden
from view.
4 Com ination nole with ecr inmenf and antennas wifhin the
pole. This type of combination pole conceals and integrates the equiPment
and antennas within the pole. All equipment and antennas shall be located
internal or recessed to the appropriate enclosure'
Exhibit A
Combination Pole with Canister and/or Sh+eude4Antennag - KCC 6.16.060(CX1)
F
:
NTSNA
I UINNAIRE MASTAR&'
UPP€RPOLE
-- - EoUlPliENT cAslNET
g;
EIECTRTCA! -
coNourl
FOUNCATTON
22 Amend KCC 6'76 -
Re: IltilitY Design Standards
in the Right'of'WaY and
KCC 6.75.O5O and 75'O8'O35 - Re" Wireless
Te I eco m m u n icatio n s Faci I ities
Gombination Pole with Equipment Shroud - KCC 6.16.060(CX2)
LUMINAIRE
POLE
SHRQUD
EOUIPMENT CABINET
ELECIRICAL
CONDUIT STANDARO
FOUNOATION
Combination Pole with Canister and/orSh+eude+Antennag and Equipment Shroud - KCC 6.16.060(CX3)
ANIENNA
FISER
SPLICE,/PULL
BOX
FINAL -.-.-.-
GRADE I.l
LUMINAIRF
LUMINAIRE MAgT M&
UffiR POLE
SHROUB
ETECIRICAL
BOX
NNAL
ffilffuI
FIBER
GRAOE
CONDUIT
EOUIPM€NTCBINET
STANOARO
FOUNDATIN
23 Amend KCC 6.76 -
Re: UtilitY Design Standards
in the Right-of-Way and
KCC 6,75.O50 and 75.O8.O35 - Re; Wireless
Telecom m u n ications Fa ci I ities
Combination Pole with Equipment ancl Antennas within the Pole - KCC 6.16.060(CX4)
L-B
r€lNET, rr 6*d
Sec. 6.16.070. Strand mounted small wireless facilities. Small
wireless facilities mounted on cable strung between existing utility poles
shall conform to the following standards:
A. Each strand mounted facility shall be installed to cause the least visual
volume.
24 Amend KCC 6.76'
Re: Iltility Design Standards
in the Right-of-Way and
KCC 6.75,O5O and 75.O8'O35 - Re: Wireless
Te leco m m u n i catio n s Fac i I ities
5G
two existinq utility poles.
n Tha nr.,l mnr rn{-arl frnilil-rr chr ll ha nlraaA rc nlnca ac hla l-n {-ha
for safety clearance.
Doles on strand that is pa llel to the oround and the edoe of th rioht-of-
way.
the roadway open to vehicular traffic.
shall meet the requirements described in KCC 6.16.050(C)'
facilities is not permitted, except when placed in pre-existing equipment
cabinets.
sec. 6.16.O7eggq. Permits. Permits approved pursuant to this
section shall be subject to the following findings by the director: (A) that the
applicant has an executed franchise or limited license agreement with the
city; and (B) the applicant has an executed master license agreement with
thecityifanycomponentofthepropoSedSmall@
facility involves use of city-owned infrastructure.
25 Amend KCC 6.76'
Re: lltilitY Design Standards
in the Right-of'Way and
KCC 6.75.O5O and 75.O8'O35 - Re.' Wireless
Te I eco m m u n icat io ns Faci I it ies
9ECTION 3, - Amendment Section 15.08.035 of the Kent city code
entitled "Wireless telecommunications facilities" is amended as follows:
Sec. 15.O8.035 Wireless telecommunications 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
26 Amend KCC 6'76 -
Re: lltilitY Design Standards
in the Right-of'WaY and
KCC 6.75.O5O and 75.O8.O35 - Re: Wireless
Teleco m m u n icatio ns Faci I ities
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 ffi?P, 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:
1. To cease operation for a period of 180 or more consecutive
calendar days; or
2. To reduce the effective radiated power of an antenna by 75
percent for 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 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'
27 Amend KCC 6'76 -
Re: IltilitY Design Standards
in the Right'of'WaY and
KCC 6.75.O5O and 75.O8.O35 - Re.' Wireless
Te leco m m u n icat io n s Fa ci I ities
Backhaut network means the lines that connect a provider's
WTFs/towers/cell sites to one 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 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 100 feet tall and is steadied by guy wires 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
28 Amend KCC 6.76 -
Re: lltilitY Design Standards
in the Right-of-WaY and
KCC 6.75.O5O and 75.O8.O35 - Re.' Wireless
Te leco m m u n icatio ns Fa ci I ities
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.A latfirp rrrar chall nnt inrlr rla a ranlararnent t rtilihr nnla
as defined herein,
Monopole tower means a support structure which consists of a single pole
sunk into the ground and/or attached to a foundation. A monopole tower
chall nn{- inrlr r a ranl=aamanf r rfilifrr nnla ac rlafina/ harain
Non-whip antenna means an antenna that is not a whip antenna, such as
dish antennas, panel antennas, etc.
personal wireless service means commercial mobile services, unlicensed
wireless services, and common carrier wireless exchange access services as
defined in 47 U.S.C. 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, t997, including permitted WTFs that have
not yet been constructed, so long as that permit or approval has not expired.
Pcnlacp anf ttfilifv nnle ic.rlafinorl in KCC 6 1A n?n L{ anrl cr rhi nf l-n fha
requirements set forth within KCC 6.16.040.
SmaII wireless faciliti means wiffiiefts
facilities-that meet ch of the followino nditions:
29 Amend KCC 6.76 -
Re: lltilitY Design Standards
in the Right-of-WaY and
KCC 6.75.O5O and 75.O8'O35 - Re: Wireless
Telecom m u n ications Faci I ities
1, The facilities -
includinq their antennas as defined in 47 CFR I 1.1320(d); or
taller than other adjacent structures; or
hn nnt avfand avicfinn c{-rr rnl.r rrac nn rrrrhi {-harr rra
whichever is greater;
atrPs11 ""ntl.|\\ ic nn rrrnro rn fhraa nrrhic faaf n rrnlr rma.
?ail reriralacc anr rinrna n{- rccanirfarl rrrith th cl-rr rnfr rra
feet in volume.
Telecommunications means tJie 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'
30 Amend KCC 6.76 -
Re: IltilitY Design Standards
in the Right-of'WaY and
KCC 6.75.O5O and 75.O8.O?5 - Re" Wireless
Te I eco m m u n icati o n s Faci I ities
Tower means any structure that is designed and constructed primarily for
the purpose of supporting one or more antennas for telecommunications,
telephone, radio, and similar communication purposes, including lattice
towers and monopole towers. The term includes the structure, all structural
supports, and all related buildings and appurtenances. A tower shall not
include a replacement utility pole as defined herein'
Whip antenna means an omnidirectional dipole antenna of cylindrical shape
that is no more than six inches in average diameter.
Wireless telecommunications facility or WTF includes "personal wireless
SerViCe," "personal WireleSS SerViCe faCilitieS," and "faCilities" aS defined in
47 U.S.C. Section 332(c)(7)(C), including all future amendments, and also
includes facilities for the transmission anQ 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
servlces.
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.
31 Amend KCC 6.76 -
Re: Iltility Design Standards
in the Right-of-Way and
KCC 6.75.O5O and 75.O8.O35 - Re" Wireless
Te leco m m u n icat io n s Fac i I ities
D. Exemptions. The following are exempt from the provisions of this
section and are allowed in all zoning districts=, unless otherwise listed herein:
1. Existing uses. wTFs that currently exist on July 7, L997, or for
which a valid building permit has been obtained and remains in effect on
July 7, Lgg7, 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 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.
4. Home satetlite services. Satellite dish antennas less than two
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 30 days, unless extended by permit issued by the
planning manager or unless the city has declared an area-wide emergency.
6. Pubtic safety wTFs and equipment. Public safety wTFs and
equipment, including, but not limited to, the regional 911 system.
32 Amend KCC 6.76 -
Re: lltilitY Design Standards
in the Right-of-WaY and
KCC 6.75.O5O and 75.O8'O35 - Re.' Wireless
Te leco m m u n icat io n s Faci I it ies
7. Small-- v,tiretess facilit . Small wireless
facilitieseetl-equipment, as defined in subsection (B) of this section, when
located within right-of-way. Such facilities are subject to a specific
agreement with the city, and all requirements provided in KCC 6.16'provided
agreeffients
wireless or small wireless facilities or equipment, as defined in subsection
requirements provided in KCC 6.16.
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'
Z. lVof 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.
33 Amend KCC 6.76 -
Re: lltilitY Design Standards
in the Right'of-WaY and
KCC 6,75.O5O and 75'O8'O35 - Re" Wireless
Te leco m m u n i cat io n s Fa ci I ities
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
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 90 feet in height; and
b. For two or more users, up to 120 feet in height
6. Security fencing. wTFs shall be enclosed, where appropriate,
by security fencing not less than six feet in height; provided, however, that
the planning director may waive these requirements, as appropriate'
34 Amend KCC 6.76 -
Re: IltilitY Design Standards
in the Right-of-WaY and
KCC 6,75.O5O and 75'O8.O35 - Re: Wireless
Te leco m m u n i catio n s Fa ci I iti es
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 director 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:
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 envi ron ment.
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. Measuremenf. For purposes of measurement, wTF setbacks
and separation distances shall be calculated and applied irrespective of
municipal and county jurisdictional boundaries.
35 Amend KCC 6.76 -
Re: IltilitY Design Standards
in the Right-of-WaY and
KCC 6.75.O5O and 75'O8,O35 - Re: Wireless
Teleco m m u n icatio ns Faci I ities
LZ. 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 guy wires, anchors, and other
support structures must be located within the buildable area of the lot and
not within the front, rear, or side yard setbacks and no closer than five feet
to any property line.
3, Monopole construction required. All towers will be of a tapering
monopole construction; however, the planning director may allow another
type of tower upon a showing that it would cause less impact to the
36 Amend KCC 6.76 -
Re: lltilitY Design Standards
in the Right'of-Way and
KCC 6.75.O5O and 75,O8.O35 - Re" Wireless
Te leco m m u n icat io ns Fa ci I ities
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 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 colocation; 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 provide the best opportunity to minimize the visual
impact of the proposed facility; and
37 Amend KCC 6.76 -' Re: IltilitY Design Standards
in the Right-of-WaY and
KCC 6.75,O5O and 75'O8.O35 - Re: Wireless
Te leco m m u n i cat io n s Fa ci I it ies
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.
7. Colocation priority. Colocation of antennas by more than one
carrier on existing towers is preferred to construction of new towers;
provided, that the colocation is consistent with the following:
a, Redesign restrictions. A tower that is modified or
reconstructed to accommodate the colocation 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 30 feet over the tower's existing height or 120
feet, whichever is lower, to accommodate the colocation 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 colocation of an additional antenna may be relocated on
its existing site within 50 feet of its existing location. If consistent with the
purposes and goals in subsection (A) of this section, the planning director
may permit the onsite relocation of a tower which comes within the
separation distances to residential units or residentially zoned lands.
38 Amend KCC 6.76'
Re: lltilitY Design Standards
in the Right'of-WaY and
KCC 6.75.O5O and 75,O8.O35 - Re" Wireless
Teleco m m u n ications Faci I ities
8. 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 approving a WTF
or by the planning director through issuance of a minor conditional use
permit,
Table 1
Lattice
Guyed
Monopole 75 feet in
height or greater
Monopole less than
75 feet in height
Mono'Mono'
pole Pole
75 feet less
in than
height 75
or feet in
Lattice Guyed greater height
5,000 5,000 1,500 750
5,000 5,000 1,500 750
1,500 '1,500 1,500 750
750 750 750 750
39 Amend KCC 6.76 -
Re: tltilitY Design Standards
in the Right-of-WaY and
KCC 6.75,O5O and 75.OA'O35 - Re: Wireless
Te leco m m u n icatio ns Faci I ities
H. Administratively approved WTFs. The planning director 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
Chapter 12.01 KCC.
1. Administratively approved uses. The following uses may be
approved by the planning director 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 90 feet in height for a single user
and 120 feet in height for two or more users in the following districts: MA,
II,12,I3, CM, GC, and GWC.
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 dwelling units in any zoning district, provided:
i. The antenna does not extend more than 20 feet
above the highest point of the structure if a whip antenna, or 10 feet above
the highest point of the structure if a non-whip antenna; and
The antenna complies with all applicable building
codes; and
40 Amend KCC 6.76'
Re: IltilitY Design Standards
in the Right-of-WaY and
KCC 6.75.O5O and 75.O8'O35 - Re" Wireless
Te leco m m u n i cat io ns Faci I it ies
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
colocation 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 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 30 days),
locating a COW at a single location for more than 30 calendar days; however,
purely economic convenience shall not be considered a viable factor in
making this determination.
2. Authority to waive certain requiremenfs. In connection with this
administrative approval, the planning director may, in order to encourage
camou1aging and colocation of WTFs, administratively waive separation
distance requirements between WTFs by up to 50 percent in nonresidential
zones. Additionally, the planning director ffidy, 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.
47 Amend KCC 6.76 -
Re: IltilitY Design Standards
in the Right-of'WaY and
KCC 6.75.O5O and 75.O8.O35 ' Re: Wireless
Telecom m u n ications Faci I ities
I. Minor conditional use permits. Applications for minor conditional use
permits under this subsection shall be subject to the procedures and
requirements of KCC 15.09.032 and Chapter 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 minor conditional use
permit shall be required.
1. Minor conditionat WTF uses. Specifically, minor conditional use
permits shall be required for the following WTFs:
a. Industrial/commercial zones. Locating WTFs that exceed
90 feet in height for a single user or 120 feet for two or more users or
locating antennas on existing structures that exceed the height limitations
in subsection (H)(1Xb) of this section in the following districts: MA, IL,12,
13, CM, GC, and GWC.
b. Government property, excluding right- ' Locating
WTFs (i) separate from existing structures on property owned, leased, or
otherwise controlled by the city or other governmental entity, excluding
right-of-way or (ii) attached to existing structures on property owned,
leased, or otherwise controlled by the city or other governmental entity,
excluding right-of-way, exceeding the height limitations in subsection
(HX1Xb) of this section, but only on the condition that the total height of
the attached WTF, including the structure, does not exceed L20 feet, unless
permitted under subsection (f)(tXa) of this section; however, this
subsection shall not apply in DC, DCE, and NCC districts.
42 Amend KCC 6.76'
Re: lltilitY Design Standards
in the Right'of-WaY and
KCC 6.75.O5O and 75'O8.O35 - Re,' Wireless
Telecom m u n ications Faci I ities
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 (GX8) of this section or that do not meet administratively
approved separation distance limits.
2. Factors considered in granting minor conditional use permits
for towers. In addition to KCC 15.09.030(D), the planning director shall also
consider the following factors when considering a MCUP application for WTF
towers:
Height of the proposed tower;a
b. Proximity of the tower to residential structures and
residential district boundaries;
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;
43 Amend KCC 6.76 -
Re: lltilitY Design Standards
in the Right'of-WaY and
KCC 6.75.O5O and 75'O8.O35 - Re: Wireless
Te I eco m m u n icatio n s Fa ci I ities
c
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 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'
44 Amend KCC 6.76 -
Re: lltilitY Design Standards
in the Right-of-WaY and
KCC 6.75.O5O and 75.O8.O35 - Re: Wireless
Teleco m m u n icat io n s Faci I ities
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
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
colocation are unreasonable. Fees or costs that exceed new WTF
development shall not be presumed to render sharing facilities unsuitable.
t. 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 planning director 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.
45 Amend KCC 6.76 -
Re: IltilitY Design Standards
in the Right-of'WaY and
KCC 6.75.O5O and 75.O8.O35 - Re: Wireless
Te leco m m u n i catio n s Faci I it ies
i. 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 90 calendar days. Failure
to remove an abandoned tower within 90 calendar days shall be grounds to
remove the tower at the owner's expense. If there are two 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 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 90
calendar days. Failure to remove a partially abandoned tower within 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
46 Amend KCC 6.76'
Re: lltilitY Design Standards
in the Right-of-Way and
KCC 6.75.O5O and 75.O8.O35 - Re,' Wireless
Telecom m u n ications Faci lities
full payment within 30 calendar days, then the amount remaining unpaid
shall become a lien on the facility property.
K. Nonconforming uses.
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 m'inor 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 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 (J) of this section.
SECTION 4, - Severability. 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'
47 Amend KCC 6.76 -
Re: IltilitY Design Standards
in the Right-of-Way and
KCC 6.75.O5O and 75.O8.O35 - Re.' Wireless
Telecom mu n ications Faci lities
SECTION 5. - 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 6. - Effective Date. This ordinance shall take effect and be
in force thirty days from and after its passage, as provided by law.
I Auoust L7.202L
Date ApprovedDANA RALPH,
ATTEST:
KIMBERLEY A oTo,RK
APPROVED
ARTHUR'P FITZPATRICK,ATTORN EY
Auoust L7.2O2L
Date Adopted
Auoust 20.2O2L
Date Published
48 Amend KCC 6.76 -
Re: IltilitY Design Standards
in the Right-of-WaY and
KCC 6.75.O5O and 75.O8.O35 - Re.' Wireless
Te leco m m u n i cati o n s Fa ci I it i es
STATE OF WASHINGTON, COUNTY OF KING }
AFFIDAVIT OF PUBLICATION
PUBLIC NOTICE
Rudi Alcott, being first duly sworn on oath that he is the
Vice President of Advertising for Sound Publishing,
which publishes 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 newspapel in King County, Washington. The
Kent- Covington Reporier 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- Covington Reporter (and not in supplement folm) which was regularly
distributed to its subsuibers during the below stated period. The annexed
notlce, a:
Public Notice #KENe3468e
was published onAugust 20,2OZL
The
sum
full amount of charged for said foregoing publication is the
0
Rudi Alcott
Vice President, Advertising
Subscribed and sworn to me this 20fr day of August,202L .
Tribbett,Public for the State of Washington, Residing in
Washington
it#i.t.:i"
Classified Proof
CITYOF KENT
NOIICE OF
ORDINANCE
PASSED BY THE CITY
COUNCIL
The following is the sum-
marv of an ordinance
pas;ed by the Kent City
Council on August 3,
2021.
ORDINANCE NO. ,1409
- AN ORDINANCE of the
City Council of the CitYof Kent, Washington,
amending Chapter 6-16
of the Kent City Code,
relating to the design
standards for small wire-
less facilities installed on
ulility poles, city-owned
infrastructure and sireet-
lights, and amending
sections 6.15.050 and
15.08.035, to uPdate
definitions related to
wireless telecommunica-
tions facilities.
This ordinance shall take
effect and be in force
thirty days from and after
its passage, as provided
bv law.
A copy of the complete
text of any ordinance will
be mailed upon request
of the City Clerk
Kimberley A. Komoto,
Citv Clerk
Kk6moto@ KentWA. oov
253456-5725
# 933827
8t6t21
Proofed by Jennifer Tribbett, 07 /2312021 I 1:51:01 am Page:2