HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 07/12/2021 (3)
Land Use and Planning Board
Agenda
Board Members: Ali Shasti, Chair
Shane Amodei, Vice Chair - Dione Dittmar - Katherine Jones -
Joseph O'Toole - -
Monday, July 12, 2021
6:00 p.m.
Persons with written proof of Covid-19 vaccination status may enter Council Chambers and remove face coverings.
Persons without proof of vaccination status will view the meeting from the lobby, wear face coverings, and practice
physical social distancing from non-household members.
You can listen to the meeting by calling
1-888-475-4499 or 1-877-853-5257
and enter Meeting ID: 945 3407 1842
Item Description Action Speaker Time
1. Call to Order Chair 01 MIN.
2. Roll Call Chair 02 MIN.
YES
3. Approval of May 24, 2021 Chair 05 MIN.
Minutes
4. Changes to the Agenda Chair 01 MIN.
5. Introduction of New LUPB
Members
YES
6. Code Amendments to Kent City Christina Schuck, 30 MIN.
Code Chapters 6.15, 6.16, and Assistant City Attorney;
15.08 RE: Wireless Facilities Erin George, Current
Planning Manager
NO
7. House Bill 1220 Hayley Bonsteel, Long 20 MIN.
Range Planning
Manager
8. Adjournment Chair 01 MIN.
Unless otherwise noted, the Land Use and Planning Board meets at 6 p.m. on the second
and fourth Mondays of each month in the Kent City Hall, Council Chambers East, 220 Fourth
Avenue South, Kent, WA 98032.
For additional information please contact Tanya Kosen at 253-856-5461, or email Tanya
Kosen at TKosen@KentWA.gov.
253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay
Service at 7-1-1.
4
Pending Approval
Land Use and Planning Board
Land Use Regular Meeting
Minutes
May 24, 2021
Date: May 24, 2021
Time: 6:00 p.m.
Place: THIS IS A REMOTE MEETING
Attending: Ali Shasti, Chair
Shane Amodei, Vice Chair
Dione Dittmar,
Katherine Jones,
Joseph O'Toole,
Agenda:
1. Call to Order 6:00 p.m.
2. Changes to the Agenda
No changes
Attendee Name Title Status Arrived
Ali Shasti Chair Excused
Shane Amodei Vice Chair Present
Dione Dittmar Present
Katherine Jones Present
Joseph O'Toole Present
4. Approval of Minutes dated May 10, 2021
MOTION: Move to approve the Minutes dated May 10, 2021
RESULT: APPROVED \[UNANIMOUS\]
MOVER: Joseph O'Toole
SECONDER: Katherine Jones
AYES: Amodei, Dittmar, Jones, O'Toole
EXCUSED: Shasti
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5. 2022-2027 Transportation Improvement Program (TIP) - Public
Hearing
April Delchamps, Senior Transportation Planner with Public Works, gave a
presentation on the 2022-2027 Transportation Improvement Program (TIP).
This is a follow-up to her information-only presentation she gave to this
board on May 10, 2021.
The Draft 2022-2027 Six-
transportation improvement work program for the next six years. Per RCW
35.77.010, the six-year plan for each city shall specifically set forth those
Page 1 of 2
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Land Use and Planning Board Land Use Regular May 24, 2021
Meeting Kent, Washington
Minutes
projects and programs of regional significance for inclusion in the
transportation improvement program within that region. The program is also
required to be consistent with the Kent Comprehensive Plan.
Including projects in the Six-Year TIP allows the City to search for funding
partners and apply for grants. Most State and Federal agencies require that
-Year
TIP.
There was a question from Kathi Jones regarding the sidewalk project on
Meeker and the set-backs for existing buildings. Kaelene Nobis explained that
the buildings, as is, will fall under the legally non-conforming status but if a
lot were to be developed or redeveloped after the sidewalks, they would have
to adhere to the current set-back policy.
MOTION: Recommend Council adopt the 2022-2027 Six-Year Transportation
Improvement Program, as presented by staff.
RESULT: RECOMMENDED TO COUNCIL \[UNANIMOUS\]Next: 6/8/2021 4:00
PM
MOVER: Shane Amodei, Vice Chair
SECONDER: Joseph O'Toole
AYES: Amodei, Dittmar, Jones, O'Toole
EXCUSED: Shasti
6. Adjournment 6:35 p.m.
Tanya Kosen
Committee Secretary
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7
LAND USE AND PLANNING BOARD
220 Fourth Ave S
Kent, WA 98032
DATE: July 12, 2021
TO: Land Use and Planning Board
FROM: Law and Economic and Community Development
SUBJECT: Code Amendments to Kent City Code Chapters 6.15, 6.16, and
15.08 RE: Wireless Facilities
MOTION: Recommend City Council adopt the ordinance amending chapter 6.16 to
update the design standards for small wireless facilities, and to update definitions
and references within Kent City Code 6.15.050 and 15.08.035 related to wireless
facilities.
SUMMARY: City right-of-way supports a variety of telecommunication facilities
installed on utility poles and streetlights. These telecommunication facilities are
regulate these facilities is pre-empted. The City retains the authority to impose
regulations for safety and aesthetics. The City regulates larger wireless facilities,
such as towers and monopoles, within Zoning Code (KCC 15.08.035). Small
wireless facilities, also known as small cells, are governed by Public Works chapter
-
of--of-way through franchise agreements
and master license agreements for the deployment of small wireless facilities is set
forth in chapter 6.15 KCC.
As wireless technology and federal law continue to evolve and change, minor
amendments to these code provisions are necessary to address these changes and
to better facilitate the deployment of this technology. Specifically, the proposed
ordinance updates the design standards for street lights to better accommodate
new designs and 5G antennas and to allow for the installation of strand-mounted
small wireless facilities on the cables between utility poles. This amendment also
clarifies that the small wireless facilities design standards apply to any light poles
within and outside of the right-of-way (e.g., in parking lots).
To limit the visual effects and physical bulk of the proliferation of wireless facilities
on residential areas, the ordinance prohibits the installation of small wireless
facilities outside of the right-of-way and prohibits ground-mounted equipment
within the right-of-way, the boundary of which can extend into front yards. These
amendments also limit the height of replacement utility poles used to install larger
wireless facilities in all areas of the City.
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Additionally, this ordinance updates terminology and definitions to better align with
federal law and to reflect the evolving types of wireless telecommunication facilities
(not small cells) being installed throughout the City.
BUDGET IMPACT: N/A
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
ATTACHMENTS:
1. CITY OF KENT ORDINANCE - Utility Design Standards in the Right of Way -
6.30.2021 (PDF)
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ORDINANCE NO.
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
telecommunications 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
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.
1 Amend KCC 6.16 -
Re: Utility Design Standards
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in the Right-of-Way and
KCC 6.15.050 and 15.08.035 Re: Wireless
Telecommunications Facilities
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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.g., 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
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 6.16 -
Re: Utility Design Standards
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in the Right-of-Way and
KCC 6.15.050 and 15.08.035 Re: Wireless
Telecommunications Facilities
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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, 2021.
H. On May 28
an Addendum to a March 29, 2019 Determination of Non-Significance for
the proposed code amendment.
I. At its regularly-scheduled meeting on July 12, 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
SECTION 1. Amendment 6.15.050. Section 6.15.050 of the Kent
-
Sec. 6.15.050. Applications Contents. The director is authorized
to establish an application form or forms appropriate for public utilities and
3 Amend KCC 6.16 -
Re: Utility Design Standards
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in the Right-of-Way and
KCC 6.15.050 and 15.08.035 Re: Wireless
Telecommunications Facilities
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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.
2. 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 cell
equipmentwireless facilities, conduits, fiber, pipelines, and other facilities
-
of-way. Small cell equipmentwireless facilities 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 6.16 -
Re: Utility Design Standards
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in the Right-of-Way and
KCC 6.15.050 and 15.08.035 Re: Wireless
Telecommunications Facilities
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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
and
remove its telecommunications facilities. This provision shall not apply when
prohibited by the federal Telecommunications Act.
10.
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 6.16 -
Re: Utility Design Standards
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in the Right-of-Way and
KCC 6.15.050 and 15.08.035 Re: Wireless
Telecommunications Facilities
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11. Such other information as the director determines would be
relevant in considering the application.
SECTION 2. - Amendment. Chapter 6.16 of the Kent City Code
Utility Design Standards in the Right-Of-Way
follows.
Sec. 6.16.010. Purpose.
A. The city council, as trustee of the -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 cell
equipmentwireless facilities, utility poles, and other infrastructure in the
-of-way in a manner that minimizes potential incompatibilities
with adjacent uses, addresses traffic safety, limits bulk, and minimizes
aesthetic impacts.
B. The design standards within this chapter shall be considered
concealment features when considering whether a proposed modification is
a substantial change under Section 6409(a) of the Spectrum Act, 47 U.S.C.
Section 1455(a).
B. The design standards within this chapter shall also apply to small
wireless facilities installed on street light standards or other light poles
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 6.16 -
Re: Utility Design Standards
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in the Right-of-Way and
KCC 6.15.050 and 15.08.035 Re: Wireless
Telecommunications Facilities
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Sec. 6.16.020. Conflicting provisions. In the event of a conflict
between the provisions of this chapter, the terms of any issued franchise,
master license agreement, or any federal law or federal regulation, it is
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. 6.16.030. 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 cell equipment orwireless facilities that replaces existing city-owned
infrastructure, or other streetlight standards not owned by the city.
C. Director means the city of Kent public works director, or his or her
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 6.16 -
Re: Utility Design Standards
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in the Right-of-Way and
KCC 6.15.050 and 15.08.035 Re: Wireless
Telecommunications Facilities
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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 and 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, any public street, highway, freeway, bridge, land
path, alley, court, boulevard, sidewalk, way, 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
8 Amend KCC 6.16 -
Re: Utility Design Standards
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in the Right-of-Way and
KCC 6.15.050 and 15.08.035 Re: Wireless
Telecommunications Facilities
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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 cell equipment or wireless facilities means facilities that meet
each of the following conditions:
1. The facilities
a. Are mounted on structures 50 feet or less in height
including their antennas as defined in 47 CFR § 1.1320(d); or
b. Are mounted on structures no more than 10 percent
taller than other adjacent structures; or
c. Do not extend existing structures on which they are
located to a height of more than 50 feet or by more than 10 percent,
whichever is greater;
2. Each antenna associated with the deployment, excluding
associated antenna equipment (as defined in the definition of antenna in 47
CFR § 1.1320(d)), is no more than three cubic feet in volume;
3. All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any pre-
existing associated equipment on the structure, is no more than 28 cubic
feet in volume.
9 Amend KCC 6.16 -
Re: Utility Design Standards
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in the Right-of-Way and
KCC 6.15.050 and 15.08.035 Re: Wireless
Telecommunications Facilities
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wireless telecommunications facilities attached, mounted, or installed on a
proprietary or leased pole, excluding monopole towers, that is located in
right-of-way and used to provide personal wireless service.
G. Traffic control signal system means traffic signal poles, mast arms,
luminaires, and associated mast arms, ancillary poles, and related
appurtenances.
H. Utility 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
poles owned by a utility company or other third party located outside of the
right-of-way. An original utility pole is a pole that has not been replaced to
accommodate small cell wireless facilities or other wireless facilities, but that
is capable of accommodating small cell wireless facilities or other wireless
facilities. A replacement utility pole means a pole that replaces an original
utility pole to accommodate small cell wireless 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. 6.16.040. General Requirements.
A. All utility polesand light poles, wireless facilities, and small cell
equipment orwireless 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 6.16 -
Re: Utility Design Standards
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in the Right-of-Way and
KCC 6.15.050 and 15.08.035 Re: Wireless
Telecommunications Facilities
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B. Ground-mounted equipment in the rights-of-way is prohibited, unless
such facilities equipment isare placed underground or is otherwise approved
by the director..
C. Small cell equipment orwireless facilities are not permitted on traffic
control signal systems.
D. Small wireless facilities are not permitted in residential zoning districts
outside of the right-of-way.
DE.
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.
EF. 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 small cell equipmentwireless facilities where the proposed
location is deemed inappropriate due to the extent of existing aboveground
wireless telecommunications or other electrical or cable facilities existing
within a 150-foot radius of the proposed small cell equipment location. The
director may also deny a request for proposed small cell equipmentwireless
facilities on a utility pole already containing more than one electrical
transformer.
11 Amend KCC 6.16 -
Re: Utility Design Standards
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in the Right-of-Way and
KCC 6.15.050 and 15.08.035 Re: Wireless
Telecommunications Facilities
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FG. The use of any city-owned infrastructure, other streetlight standard,
or utility pole for the siting of small cell equipmentwireless facilities 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 cell
equipmentwireless facilities becomes unnecessary, the pole shall not be
retained for the sole purpose of accommodating the small cell facilitywireless
facilities, and the small cell facilitywireless facilities, including and all
associated equipment, shall be removed.
GH. Replacement utility poles shall be located as near as possible to the
existing pole, while meeting the current City of Kent Design and Construction
Standards. The abandoned pole must be removed. are subject to the
following requirements.
1. All replacement utility poles (with or without small wireless
facilities or other wireless facilities) shall be located as near as possible to
the existing utility pole, while meeting the current City of Kent Design and
Construction Standards. The abandoned utility pole must promptly be
removed.
2. Proposed replacement utility poles, for the purpose of siting
wireless facilities other than small wireless facilities, shall be no more than
20 percent taller than adjacent utility poles.
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
12 Amend KCC 6.16 -
Re: Utility Design Standards
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in the Right-of-Way and
KCC 6.15.050 and 15.08.035 Re: Wireless
Telecommunications Facilities
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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
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.
LM. 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.
13 Amend KCC 6.16 -
Re: Utility Design Standards
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in the Right-of-Way and
KCC 6.15.050 and 15.08.035 Re: Wireless
Telecommunications Facilities
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M. Side arm mounts and strand mounts for antennas or equipment are
prohibited.
N. The city may consider the cumulative visual effects of small cell
equipmentwireless facilities mounted on poles within the rights-of-way when
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.
P. No equipment on any utility or combination pole may be operated so
as to produce noise in excess of ambient noise levelsviolation of the
applicable noise standards set forth in chapter 8.05 of the Kent City Code.
Sec. 6.16.050. Small cell equipmentwireless facilities design
standards and aesthetic requirements on utility poles.
A. Locations.
14 Amend KCC 6.16 -
Re: Utility Design Standards
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in the Right-of-Way and
KCC 6.15.050 and 15.08.035 Re: Wireless
Telecommunications Facilities
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7/b
1. Small cell equipmentwireless facilities on utility poles shall be
located in a location that minimizes the appearance of small cell
equipmentwireless facilities from existing adjacent residential structures to
the maximum extent feasible. For example, best efforts shall be used to
avoid locations where small cell equipmentwireless facilities 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 cell
facilitywireless facility.
B. Replacement utility 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.
C. Small cell equipmentwireless facilities design. Small cell
equipmentwireless facilities shall comply with the design standards set forth
within this section.
1. Color. Small cell equipmentwireless facilities antennas,
conduit, mounting hardware, and equipment cabinets shall be painted a
neutral color to that matches or is similar to the color of the utility pole, or,
cell equipmentwireless facilities shall be
painted any color
commercially available, and painting is technically feasible.
15 Amend KCC 6.16 -
Re: Utility Design Standards
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in the Right-of-Way and
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2. Mount. Small cell equipmentwireless facilities shall be mounted
as closely to the utility pole as possibletechnically feasible, and shall not
extend out more than three feet from the pole. Ground-mounted equipment
is prohibited., unless otherwise approved by the director.
3. No illumination. Except as otherwise required by applicable law,
small cell equipmentwireless facilities 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 cell wireless 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
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 cell wireless facilities equipment
enclosures shall not exceed 12 cubic feet in volume.
b. Multiple antennas are permitted; provided, that the
cumulative total antenna volume shall not exceed 12 cubic feet.
16 Amend KCC 6.16 -
Re: Utility Design Standards
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in the Right-of-Way and
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c. If, due to technological reasons, the proposed equipment
enclosures do not comply with this subsection, the director may approve
primary small cell wireless facilities equipment enclosures up to 28 cubic
feet in volume following a submission to the director demonstrating that the
proposal includes the smallest small cell equipment enclosure that is
technologically feasible for the specific small cell wireless facility. Similarly,
the director may approve an increase of the cubic feet allowance for
antennas.
6. Stickers. The use of stickers on utility poles should be
minimized to the extent feasible.
Sec. 6.16.060. Small cell equipmentwireless facilities design
standards and aesthetic requirements on city-owned infrastructure
and other streetlight standards.
A. General considerations.
1. In order to install small cell equipmentwireless facilities on city-
owned infrastructure or other streetlight standards not owned by the city
within the right-of-way, the existing city-owned pole must be removed and
replaced with a combination pole meeting the requirements of KCC
6.16.040, General requirements, and this section. 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. Light standards outside of the
right-of-way in non-residential zoning districts need not be replaced with a
17 Amend KCC 6.16 -
Re: Utility Design Standards
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in the Right-of-Way and
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combination pole, but shall otherwise comply with the requirements of this
chapter.
2. Three Four stylestypes of combination poles are allowed:
(a) combination pole with a canister or shroudedand/or antennas;
(b) combination pole with equipment shroud; and (c) combination pole with
canister and/or shrouded antennas and equipment shroud; and (d)
combination pole with equipment and antennas within the pole;, as
generally depicted in Exhibit A at the end of this section. Equipment is also
permitted in the base of the pole, so long as the base meets the
requirements within this section 6.16.060.
B. Requirements for all combination poles.
1. The design of a combination pole shall match be substantially
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
approves the installation of a different style of combination pole..
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 more than 10 percent above its
preexisting height as a result, whichever is less. The height of a combination
18 Amend KCC 6.16 -
Re: Utility Design Standards
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in the Right-of-Way and
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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 20 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.
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 as
surrounding luminaires.
9. All mounting brackets, anchor bolts, and other hardware
connections shall be concealed.
C. Requirements for specific combination pole types.
1. Combination pole with canister or shrouded antenna.
19 Amend KCC 6.16 -
Re: Utility Design Standards
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in the Right-of-Way and
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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 shroud shall be
colored to match or be similar to the combination pole.
2. Combination pole with equipment shroud.
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 or shrouded antenna and
equipment shroud.
a. This type of combination pole is allowed when various
small cell technologies (e.g., LTE and 5G) provided by a single carrier are
installed on the same pole. The applicant must demonstrate that the
additional technology cannot be integrated into the equipment cabinet or
the canister antenna.
20 Amend KCC 6.16 -
Re: Utility Design Standards
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in the Right-of-Way and
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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. If the antenna
cannot be integrated within a canister or shroud (e.g., 5G antennas), then
the antennas may only be installed near the top of the pole in such a way
that the wiring, cables, and equipment is hidden from view.
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. Combination pole with antenna and equipment internal to 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.
21 Amend KCC 6.16 -
Re: Utility Design Standards
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in the Right-of-Way and
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Fyijcju!B!
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!
22 Amend KCC 6.16 -
Re: Utility Design Standards
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in the Right-of-Way and
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Telecommunications Facilities
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Dpncjobujpo!Qpmf!xjui!Frvjqnfou!Tispve!!LDD!7/27/171)D*)3*!
!
Dpncjobujpo!Qpmf!xjui!Dbojtufs!ps!Tispvefe!Boufoob!boe!Frvjqnfou!Tispve!!LDD!7/27/171)D*)4*!
!
23 Amend KCC 6.16 -
Re: Utility Design Standards
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in the Right-of-Way and
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!
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
impact and with the minimum exterior cabling or wires (other than the
original strand) necessary to meet the technological needs of the facility.
B. Each strand mounted facility shall not exceed three cubic feet in
volume.
24 Amend KCC 6.16 -
Re: Utility Design Standards
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in the Right-of-Way and
KCC 6.15.050 and 15.08.035 Re: Wireless
Telecommunications Facilities
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C. Only one strand mounted facility is permitted per cable between any
two existing utility poles.
D. The strand mounted facility shall be placed as close as possible to the
nearest utility pole, and no further than five feet from the pole, unless a
greater distance is technically necessary or required by the utility pole owner
for safety clearance.
E. Strand mounted facilities may only be located between two utility
poles on a strand that is parallel to the ground and the edge of the right-of-
way.
F. No strand mounted facility may be located in or above the portion of
the roadway open to vehicular traffic.
G. Pole mounted equipment associated with strand mounted devices
shall meet the requirements described in KCC 6.16.050(C).
H. Ground-mounted equipment to accommodate strand mounted
facilities is not permitted, except when placed in pre-existing equipment
cabinets.
Sec. 6.16.070080. 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
the city if any component of the proposed small cell equipment orwireless
facility involves use of city-owned infrastructure.
25 Amend KCC 6.16 -
Re: Utility Design Standards
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in the Right-of-Way and
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SECTION 3. - Amendment. Section 15.08.035 of the Kent City Code
Sec. 15.08.035 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 6.16 -
Re: Utility Design Standards
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in the Right-of-Way and
KCC 6.15.050 and 15.08.035 Re: Wireless
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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
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 6.16 -
Re: Utility Design Standards
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in the Right-of-Way and
KCC 6.15.050 and 15.08.035 Re: Wireless
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Backhaul network
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.
Colocate 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 6.16 -
Re: Utility Design Standards
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in the Right-of-Way and
KCC 6.15.050 and 15.08.035 Re: Wireless
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7/b
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 lattice tower shall not include a replacement utility pole
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
shall not include a replacement utility pole as defined herein.
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, 1997, including permitted WTFs that have
not yet been constructed, so long as that permit or approval has not expired.
Replacement utility pole is as defined in KCC 6.16.030.H and subject to the
requirements set forth within KCC 6.16.040.
Small wireless facilities cell equipment means wireless telecommunications
facilities that meet each of the following conditions: attached, mounted, or
installed on a proprietary or leased pole, exclusing monopole towers, that
is located in right-of-way and used to provide personal wireless service.
29 Amend KCC 6.16 -
Re: Utility Design Standards
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in the Right-of-Way and
KCC 6.15.050 and 15.08.035 Re: Wireless
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1. The facilities -
a. Are mounted on structures 50 feet or less in height
including their antennas as defined in 47 CFR § 1.1320(d); or
b. Are mounted on structures no more than 10 percent
taller than other adjacent structures; or
c. Do not extend existing structures on which they are
located to a height of more than 50 feet or by more than 10 percent,
whichever is greater;
2. Each antenna associated with the deployment, excluding
associated antenna equipment (as defined in the definition of antenna in 47
CFR § 1.1320(d)), is no more than three cubic feet in volume;
3. All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any pre-
existing associated equipment on the structure, is no more than 28 cubic
feet in volume.
Telecommunications means the transmission, between or among points
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 6.16 -
Re: Utility Design Standards
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in the Right-of-Way and
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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
47 U.S.C. 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.
31 Amend KCC 6.16 -
Re: Utility Design Standards
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in the Right-of-Way and
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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, 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 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 satellite 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. Public safety WTFs and equipment. Public safety WTFs and
equipment, including, but not limited to, the regional 911 system.
32 Amend KCC 6.16 -
Re: Utility Design Standards
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in the Right-of-Way and
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7. Replacement utility polesSmall cell equipment. Small cell
equipment, Replacement utility poles containing wireless or small wireless
facilities or equipment, as defined in subsection (B) of this section, subject
to a specific agreement with the city, and all requirements provided in KCC
6.16.040provided such equipment complies with concealment features
stipulated in such 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
the
proposed facility is located at the least obtrusive and the most appropriate
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
33 Amend KCC 6.16 -
Re: Utility Design Standards
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in the Right-of-Way and
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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.
7. Landscaping. WTFs shall be landscaped with a buffer of plant
materials that effectively screens the view of the WTF compound; provided,
34 Amend KCC 6.16 -
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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 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.
35 Amend KCC 6.16 -
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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 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 6.16 -
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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,
n 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
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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
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 6.16 -
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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.
Ubcmf!2!
Mono-Mono-
pole pole
75 feet less
in than
height 75
or feet 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
39 Amend KCC 6.16 -
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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
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,
I1, I2, 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
ii. The antenna complies with all applicable building
codes; and
40 Amend KCC 6.16 -
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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 requirements. In connection with this
administrative approval, the planning director may, in order to encourage
camouflaging and colocation of WTFs, administratively waive separation
distance requirements between WTFs by up to 50 percent in nonresidential
zones. Additionally, the planning director 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.
41 Amend KCC 6.16 -
Re: Utility Design Standards
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in the Right-of-Way and
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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 conditional 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)(1)(b) of this section in the following districts: MA, I1, I2,
I3, CM, GC, and GWC.
b. Government property, excluding right-of-way. 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
(H)(1)(b) of this section, but only on the condition that the total height of
the attached WTF, including the structure, does not exceed 120 feet, unless
permitted under subsection (I)(1)(a) of this section; however, this
subsection shall not apply in DC, DCE, and NCC districts.
42 Amend KCC 6.16 -
Re: Utility Design Standards
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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 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:
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;
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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
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,
proposed WTF may consist of any of the following:
a. No existing WTF is located within the geographic area
b. Existing WTFs are not of sufficient height to meet
44 Amend KCC 6.16 -
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c. Existing WTFs cannot practically be reconstructed to
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.
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 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
loca
specifically discouraged wherever possible.
J. Removal of abandoned towers.
45 Amend KCC 6.16 -
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1. Abandonment and removal. The owner or operator of any
r, 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
a single tower
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
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
3. Security and lien. Each applicant, prior to commencement of
construction, shall post sufficient security in the form of a bond, assignment
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
removing the abandoned structures. If the owner or operator fails to make
full payment within 30 calendar days, then the amount remaining unpaid
shall become a lien on the facility property.
46 Amend KCC 6.16 -
Re: Utility Design Standards
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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 minor 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.
SECTION 5. Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
47 Amend KCC 6.16 -
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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.
DANA RALPH, MAYOR Date Approved
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
, CITY ATTORNEY
48 Amend KCC 6.16 -
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8
LAND USE AND PLANNING BOARD
220 Fourth Ave S
Kent, WA 98032
DATE: July 12, 2021
TO: Land Use and Planning Board
FROM: Economic and Community Development
SUBJECT: House Bill 1220
SUMMARY: During the regular legislative session of 2021, the state legislature
passed House Bill 1220, supporting emergency shelters and housing through local
planning and development regulations.
The bill makes changes to the Growth Management Act, specifically through
increasing the requirements of the Housing Element of the Comprehensive Plan; it
also defines new parameters for the zoning of indoor emergency shelters,
permanent supportive housing, and transitional housing.
Staff will provide an overview of the bill, including known and unknown
characteristics of the relevant types of housing/facilities, and discuss the potential
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
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