HomeMy WebLinkAboutOrdinance No. 0975Ordinance No. 975
AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON CONCERNING WIRELESS
COMMUNICATION FACILITIES; AMENDING MMC 20.12 AND 20.37; ESTABLISHING A
NEW SECTION UNDER MMC 20.38 RELATED TO DESIGN STANDARDS FOR SMALL
WIRELESS FACILITIES; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Federal Communications Commission ("FCC") recently adopted a
Declaratory Ruling and Third Report and Order 18-133 ("FCC Order") governing small wireless
facilities, which imposes limitations on the processing of all permits associated with the
deployment of small wireless facilities and requires the City of Medina ("City") to adopt aesthetic
standards for such deployments; and
WHEREAS, federal law and regulation establishes both substantive and procedural
limitations, upon local government application and development requirements applicable to
proposals for modification to an existing antenna support structure or an existing base station,
known as "eligible facility requests"; and
WHEREAS, the City Council finds that the existence of the federal regulations requires
the adoption and implementation permanent local development and zoning regulations and
review procedures that are consistent with federal laws and regulations on wireless
communication facilities, including small wireless facilities and eligible facility requests; and
WHEREAS, on January 8, 2019, pursuant to Ordinance No. 968, the City Council
adopted interim land use regulations and official controls pursuant to RCW 36.70A.390 and
RCW 35.63.200 relating to small wireless regulations; and
WHEREAS, simultaneously with the adoption of Ordinance No. 968, the City Council
adopted initial permitting procedures for small wireless facilities pursuant to Ordinance No. 967;
and
WHEREAS, over the last six months, the City Council has held three council meetings,
two public hearings, and received staff recommendations regarding revisions of the interim land
use regulations and officials controls as well as the permitting procedures for small wireless
facilities; and
WHEREAS, concurrently with the consideration of this Ordinance, the City Council
considered and enacted amendments to MMC Title 19 by adopting revised permitting
procedures for small wireless facilities pursuant to Ordinance 974; and
WHEREAS, the City Council desires to adopt the permanent land use regulations and
controls set forth in the sections below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY MEDINA, WASHINGTON DOES
ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council hereby makes the following findings:
1. This ordinance amending the City's municipal code adopting regulations related to
wireless communication facilities imposes restrictions necessary to protect public health
Ordinance No. 975 Page 1 of 18
and safety, while not unreasonably discriminating among providers of functionally
equivalent services nor having an effect of prohibiting personal wireless services within
the City.
2. These proposed regulations were properly sent to the Washington State Department of
Commerce for expedited review on June 11, 2019 as required by the Growth
Management Act and received approval on June 25, 2019.
3. The City issued a SEPA threshold Determination of Non -Significance for the proposed
regulations and on June 13, 2019 the comment and appeal period for the Determination
of Non -significance expired on June 27, 2019 with no comments received or appeals
filed.
4. Public hearings to solicit and receive citizen comment were held on May 13, 2019 and
July 9, 2019.
5. The requirements of MMC 20.81.040 for land use code amendments have been met.
6. As required by MMC 20.81.080, the adoption and amendment of codes in the following
sections are consistent with the Medina Comprehensive Plan, serve to advance the
public health, safety and welfare, and advances the public interest of the community.
7. The above recitals are adopted as additional findings in support of this ordinance.
Section 2. Amendment to MMC 20.12.040. Medina Municipal Code Section 20.12.040 is
hereby amended by the removal of the definition for "coverage gap".
Section 3. Amendment to MMC 20.12.200. Medina Municipal Code Section 20.12.200 is
hereby amended by the removal of the definition for "significant gap in service coverage".
Section 4. Amendment to MMC 20.37.030(A). The Medina Municipal Code Section
20.37.030(A) is hereby amended as follow by the addition of the following provision:
A. The provisions of this chapter shall apply to all new and expansion and/or
alteration of wireless communication facilities located within the boundaries of the city,
except for the following:
1. Those facilities used for the primary purpose of public safety by a public
agency, such as police, and 911 communications systems;
2. Incidental use of a support structure exempts under subsection (A)(1) of this
section by nonpublic entities for the attachment of antennas and ancillary
facilities;
3. Wireless radio utilized for emergency communications in the event of a
disaster;
4. An antenna that is designed to receive television broadcast signals;
5. An antenna for receiving and sending of amateur radio devices or HAM radios
provided the criteria in MMC 20.37.040 are satisfied;
6. An antenna that is one meter or less in diameter or diagonal measurement,
which is designed to receive direct broadcast satellite services, including direct -
to -home satellite services and those subject to MMC 20.32.060;
7. An antenna that is one meter or less in diameter or diagonal measurement,
which is designed to receive video programming services via multipoint
distribution services, including multichannel multipoint distribution services,
instructional television fixed services, and local multipoint distribution services:;
8. Small wireless facilities as defined in MMC 19.02.020, and which are subject
to Chapter 20.38 MMC: and
9. Routine maintenance, repair, and replacement of telecommunication facilities
Ordinance No. 975 Page 2 of 18
that does not substantially change, as defined in MMC 20.37.190(A)(6), the
eligible support structure, and which are subject to MMC 20.37.190.
Section 5. Amendment to MMC 20.37.030. The Medina Municipal Code Section 20.37.030 is
hereby amended by the addition of section (C) as follows:
C. See Chapter 19.02.020 MMC for additional definitions for terms utilized in this
Chapter.
Section 6. Amendment to MMC 20.37.070. The Medina Municipal Code Section
20.37.070(B)(3)(b) is here by amended as follows:
The increase in height is the minimum necessary to avoid prohibiting or having the effect
of prohibiting the provisions of personal wireless services a signiftant we
GoveFage on the SR 520 fleating bFidge;
Section 7. Amendment to MMC 20.37.080(B). The Medina Municipal Code Section
20.37.080(B)(1) is hereby amended as follows:
Either the increase in height is established by the applicant as the minimum necessary
to avoid prohibiting or having the effect of prohibiting the provisions of personal wireless
services within the City eliminate a signiftant g i GeyeFage, or the increase in
height is established by the applicant as the minimum necessary to separate
components of the wireless communication facility from the electrical primary lines;
Section 8. Amendment to MMC 20.37.080(C). The Medina Municipal Code Section
20.37.080(C)(6) is hereby amended as follows:
6. The hearing examiner may approve deviations from the standards in subsections (B),
(C)(3), (4) and (5), and (E) of this section under a nonadministrative special use permit
provided the applicant can demonstrate the deviation will satisfy the following criteria:
a. Without the deviation, the telecommunications provider would be prohibited
from providing telecommunication service to the City; Them existe, an a9tual (not
theWetiGal) signifiGant gap iR se i W,
b. The proposed deviation will be is designed and located to Femeye
signifiGaRt gap iR 6 - - -i- - - - - age in a manReF that is, in consideration of the
values, objectives, and regulations set forth in this chapter, including subsection
(C)(2) of this section, the zoning code, and the comprehensive plan, the least
intrusive upon the surrounding area;
c. The granting of the deviation will not be detrimental to the public welfare;
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e. No other less intrusive and feasible, existing support structures, or alternative
sites are available that do not prohibit or have the effect of prohibiting the
provisions of personal wireless services will al!Gw the appliGant to Feselve t
Ordinance No. 975 Page 3 of 18
6i@RifiGant gap in sewithout a deviation from the standard.
Section 9. Amendment to MMC 20.37.120. The Medina Municipal Code Sections 20.37.120(E)
and (F) regarding exceptions to the requirement for a nonadminstrative special use permit are
hereby repealed in their entirety.
Section 10. Amendment to MMC 20.37.130. Medina Municipal Code Section 20.37.130(C) is
hereby repealed in its entirety.
Section 11. Amendment to MMC 20.37.140. Medina Municipal Code Section 20.37.140 is
hereby repealed in its entirety.
Section 12. Amendment to MMC 20.37. Medina Municipal Code Chapter 20.37 is here by
amended by the addition of new Section 20.37.190 — Eligible Facilities Requests:
A. Definitions. The following definitions shall apply to Eligible Facilities Requests only as
described in this Section 20.37.190.
1. "Base Station": A structure or equipment at a fixed location that enables FCC -
licensed or authorized wireless communications between user equipment and a
communications network. The term does not encompass a tower as defined herein nor
any equipment associated with a tower. Base Station includes, without limitation:
a. Equipment associated with wireless communications services as well as
unlicensed wireless services and fixed wireless services such as microwave
backhaul.
b. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and
backup power supplies, and comparable equipment, regardless of technological
configuration (including Distributed Antenna Systems ("DAS") and small wireless
networks).
C. Any structure other than a tower that, at the time the relevant application
is filed (with jurisdiction) under this section, supports or houses equipment
described in subparagraph (i) and (ii) above that has been reviewed and
approved under the applicable zoning or siting process, or under another State or
local regulatory review process, even if the structure was not built for the sole or
primary purpose of providing that support.
d. The term does not include any structure that, at the time the Eligible
Facilities Request application is filed with the City, does not support or house
equipment described in subparagraph (1)(a) and (1)(b) above.
2. "Collocation": The mounting or installation of transmission equipment on an
eligible support structure for the purpose of transmitting and/or receiving radio frequency
signals for communication purposes.
3. "Eligible Facilities Request": Any request for modification of an existing tower or
base station that does not substantially change the physical dimensions of such tower or
base station, involving:
Ordinance No. 975 Page 4 of 18
a. Collocation of new transmission equipment;
b. Removal of transmission equipment; or
C. Replacement of transmission equipment.
4. "Eligible support structure": Any tower or base station as defined in this section,
provided that it is existing at the time the relevant application is filed with the City.
5. "Existing": A constructed tower or base station is existing if it has been reviewed
and approved under the applicable zoning or siting process, or under another State or
local regulatory review process, provided that a tower that has not been reviewed and
approved because it was not in a zoned area when it was built, but was lawfully
constructed, is existing for purposes of this definition.
6. "Substantial Change": A modification substantially changes the physical
dimensions of an eligible support structure if it meets any of the following criteria:
a. For towers other than towers in the public rights -of -way, it increases the
height of the tower by more than 10% or by the height of one additional antenna
array with separation from the nearest existing antenna not to exceed twenty (20)
feet, whichever is greater; for other eligible support structures, it increases the
height of the structure by more than 10% or more than ten (10) feet, whichever is
greater;
b. For towers other than towers in the public rights -of -way, it involves adding
an appurtenance to the body of the tower that would protrude from the edge of
the tower more than twenty (20) feet, or more than the width of the tower
structure at the level of the appurtenance, whichever is greater; for other eligible
support structures, it involves adding an appurtenance to the body of the
structure that would protrude from the edge of the structure by more than six (6)
feet;
C. For any eligible support structure, it involves installation of more than the
standard number of new equipment cabinets for the technology involved, but not
to exceed four cabinets; or, for towers in the public rights -of -way and Base
Stations, it involves installation of any new equipment cabinets on the ground if
there are no pre-existing ground cabinets associated with the structure, or else
involves installation of ground cabinets that are more than 10% larger in height or
overall volume than any other ground cabinets associated with the structure;
d. It entails any excavation or deployment outside the current site;
e. It would defeat the concealment elements of the eligible support structure;
or
f. It does not comply with conditions associated with the siting approval of
the construction or modification of the eligible support structure or base station
equipment, provided, however, that this limitation does not apply to any
modification that is non -compliant only in a manner that would not exceed the
thresholds identified above.
Ordinance No. 975 Page 5 of 18
7. "Tower": Any structure built for the sole or primary purpose of supporting any
FCC -licensed or authorized antennas and their associated facilities, including structures
that are constructed for wireless communications services including, but not limited to,
private, broadcast, and public safety services, as well as unlicensed wireless services
and fixes Wireless services such as microwave backhaul and the associated site.
8. "Transmission equipment". Equipment that facilitates transmission for any FCC -
licensed or authorized wireless communication service, including, but not limited to,
radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power
supply. The term includes equipment associated with wireless communications services
including, but not limited to, private, broadcast, and public safety services, as well as
unlicensed wireless services and fixed wireless services such as microwave backhaul.
B. Application. The Director shall prepare and make publicly available an application form
used to consider whether an application is an Eligible Facilities Request. The application may
not require the applicant to demonstrate a need or business case for the proposed modification.
C. Qualification as an Eligible Facilities Request. Upon receipt of an application for an
Eligible Facilities Request, the Director shall review such application to determine whether the
application qualifies as an Eligible Facilities Request.
D. Timeframe for Review. Within sixty (60) days of the date on which an applicant submits
an Eligible Facilities Request application, the Director shall approve the application unless it
determines that the application is not covered by this Section 20.38.080.
E. Tolling of the Time Frame for Review. The sixty (60) day review period begins to run
when the application is filed and may be tolled only by mutual agreement by the Director and
the applicant or in cases where the Director determines that the application is incomplete. The
timeframe for review of an Eligible Facilities Request is not tolled by a moratorium on the review
of applications.
1. To toll the timeframe for incompleteness, the Director shall provide written notice
to the applicant within thirty (30) days of receipt of the application, clearly and specifically
delineating all missing documents or information required in the application.
2. The timeframe for review begins running again when the applicant makes a
supplemental submission in response to the Director's notice of incompleteness.
3. Following a supplemental submission, the Director will notify the applicant within
ten (10) days that the supplemental submission did not provide the information identified
in the original notice delineating missing information. The timeframe is tolled in the case
of second or subsequent notices pursuant to the procedures identified in this sub-
section. Second or subsequent notice of incompleteness may not specify missing
documents or information that was not delineated in the original notice of
incompleteness.
F. Determination That. Application Is Not
determines that the applicant's request does
Director shall deny the application.
an Eligible Facilities Request.. If the Director
not qualify as an Eligible Facilities Request, the
Ordinance No. 975 Page 6 of 18
G. Failure to Act. In the event the Director fails to approve or deny a request for an Eligible
Facilities Request within the timeframe for review (accounting for any tolling), the request shall
be deemed granted. The deemed grant does not become effective until the applicant notifies
the Director in writing after the review period has expired (accounting for any tolling) that the
application has been deemed granted.
Section 13. Amendment to MMC Title 20. Medina Municipal Code Title 20 is here by amended
as follows by the addition of new Chapter 20.38 — Small Wireless Facilities:
Sections:
20.38.010 Purpose.
20.38.020 Definitions.
20.38.030 General provisions.
20.38.040 Applicability.
20.38.050 Hierarchy for small wireless facility placement.
20.38.060 Design Zones for small wireless facilities.
20.38.070 Design and concealment standards for small wireless facility
deployments.
20.38.080 New poles for small wireless facilities in the right-of-way or for
deployments in Design Zones.
20.38.010 Purpose.
The purpose of this chapter is to set forth the regulations for the placement and development of
small wireless facilities. Among the purposes included are to:
A. Ensure that residents receive the best technology possible while siting the technology in
a respectful and thoughtful manner.
B. Minimize potential adverse visual, aesthetic, and safety impacts of small wireless
facilities.
C. Establish objective standards for the placement of small wireless facilities.
E. Ensure that such standards allow competition and do not unreasonably discriminate
among providers of functionally equivalent services.
D. Provide clear and predictable permitting requirements for service providers and the
community.
E. Encourage the design of such small wireless facilities to be aesthetically and
architecturally compatible with the surrounding built and natural environments where possible.
F. Provide an opportunity for residents and interested parties to provide comment on the
proposed location and design of new small wireless facilities;
G. Encourage the collocation or attachment of small wireless facilities on existing support
structures to help minimize the total number and impact of such structures throughout the
community.
Ordinance No. 975 Page 7 of 18
H. Protect the public health, safety and welfare.
20.38.020 Definitions.
See Chapter 19.02.020 MMC for definitions of terms utilized in this Chapter.
20.38.030 General provisions.
A. Small wireless facilities shall not be considered nor regulated as essential public
facilities.
B. Small wireless facilities located outside of the city rights -of -way are permitted subject to
a valid small wireless facility permit. A different use of an existing structure on the same lot shall
not preclude the installation of a small wireless facility.
C. Small wireless facilities located within the city right-of-way pursuant to a valid franchise
are permitted uses in every zone of the city.
20.38.040 Applicability.
A. Applicability. The placement of any small wireless facility in any location within the city is
subject to the provisions of this chapter.
B. Permit Required. Any application for a small wireless facility both inside and outside the
city right-of-way shall comply with the application requirements for small wireless facility permit
described in MMC 19.14.020
C. Franchise Required. In addition to the requirement of obtaining a small wireless facility
permit, if all or a portion of the small wireless facility will be located within the city's right-of-way,
the applicant shall be required to enter into a franchise agreement, consistent with MMC
19.02.140, with the City for the use of the city's right-of-way and comply with the requirements
pursuant to MMC Title 19.
D. Lease Required. In addition to the requirement of obtaining a small wireless facility
permit, if all or a portion of the small wireless facility will be located upon a city -owned structure,
or upon non -right-of-way property, which is either city -owned or city -leased, the applicant shall
be required to enter into a lease agreement with the City for the use of the city property.
20.38.050 Hierarchy for small wireless facility placement.
A. The City's preference is for applicants to deploy small wireless facilities as follows:
1. On existing or replacement wooden poles.
2. If an applicant would like to place a new metal pole, it should be placed along
84th Avenue between NE 12th Street and NE 28th Street.
3. If an applicant would like to place a pole in an undergrounded area, any new or
replacement pole shall substantially conform to the design of the pole it is replacing or
the neighboring pole designs utilized within the contiguous right-of-way (or the City's
Ordinance No. 975 Page 8 of 18
preferred standard pole design, if applicable) and comply with the concealment
standards in MMC 20.38.070.
20.38.060 Design Zones for small wireless facilities.
A. The following zones are designated as Design Zones for the purpose of siting small
wireless facilities:
1. Medina Park located at 7789 NW 12th Street;
2. Medina Beach Park located at 501 Evergreen Point Road;
3. Fairweather Nature Preserve (also referred to as Fairweather Nature Preserve
and Park) located at 2857 Evergreen Point Road;
4. Viewpoint Park located at Overlake Drive West and 84th Avenue NE;
5. Lake Lane Park located in the 3300 block of 78th Place NE.
B. Any applicant who desires to place a small wireless facility in a Design Zone must first
establish that the applicant cannot locate the small wireless facility outside of the Design Zone.
Applications for small wireless facilities in a Design Zone may be approved if the applicant
demonstrates that due to technical infeasibility the applicant cannot locate the proposed small
wireless facility on an existing or replacement pole within 500 feet of the proposed site and
outside of the Design Zone.
C. Applications for small wireless facilities within Design Zones must comply with a
concealment element design described in MMC 20.38.080. Such applications are subject to
review and approval or denial by the Director.
20.38.070 Design and concealment standards for small wireless facility deployments.
Small wireless facilities whether permitted inside or outside the city right-of-way shall conform to
the following design standards.
A. Small wireless facilities attached to existing or replacement non -wooden light poles or
utility poles inside or outside the city right-of-way shall conform to the following design criteria:
1. Upon adoption of a city standard small wireless facility pole design(s) within the
City's Standards, Specifics and Details Manual, the applicant shall utilize such pole
design or may request modifications to the standard pole design to accommodate its
small wireless facility without substantially changing the outward visual and aesthetic
character of the design. The applicant, upon a showing that use or modification of the
standard pole design is either technically or physically infeasible, or that the modified
pole design will not comply with the city's ADA, or sidewalk clearance requirements
and/or would violate electrical or other safety standards, may deviate from the adopted
standard pole design and use the design standards as adopted in this subsection A.
2. The applicant shall minimize to the extent possible the antenna and equipment
space and shall use the smallest amount of enclosure possible to fit the necessary
Ordinance No. 975 Page 9 of 18
equipment. In no event shall the equipment enclosure and all other wireless equipment
associated with the small wireless facility (including but not limited to conduit), including
wireless equipment associated with the antenna and any pre-existing associated
equipment on the pole exceed twenty-eight (28) cubic feet. An equipment enclosure up
to fifteen (15) cubic feet, excluding the antenna, is allowed on the exterior of the pole.
Any equipment enclosures exceeding the fifteen (15) cubic feet allowance shall be
installed within the pole or underground. The follow design criteria shall apply as
applicable depending on the location of the antenna and equipment:
(a) Located on a pole. If located on a pole, antennas and the associated
equipment enclosures (including disconnect switches and other appurtenant
devices) must be camouflaged to appear as an integral part of the pole or flush
mounted to the pole, meaning for antennas no more than twelve (12) inches off
of the pole and for associated equipment no more than six (6) inches off the pole,
and must be the minimum size necessary for the intended purpose, not to
exceed the volumetric dimensions of small wireless facilities. If the equipment
enclosure is permitted on the exterior of the pole, the applicant is required to
place the equipment enclosure behind any banners or road signs that may be on
the pole, provided that such location does not interfere with the operation of the
banners or signs or the equipment itself. The applicant may install a side
mounted canister antenna, so long as the inside edge of the antenna is no more
than six (6) inches from the surface of the pole. All cables shall be concealed
either within the canister antenna or within a sleeve between the antenna and the
pole.
(b) Concealed completely within the pole or pole base. Antennas and the
associated equipment enclosures (including disconnect switches and other
appurtenant devices) shall be fully concealed within the pole, unless such
concealment is otherwise technically infeasible, or is incompatible with the pole
design. The diameter of the pole shall comply with the City's setback and
sidewalk clearance requirements and shall, to the extent technically feasible, not
be more than a twenty (20) inches measured at the base of the pole, unless
additional diameter is needed in order to conceal equipment within the base of
the pole. The pole shall comply with the requirements in subsection E(4) below
(c) Underground in a utility vault. If located underground, the access lid to the
equipment enclosure shall be located outside the footprint of any pedestrian curb
ramp and shall have a nonskid surface meeting ADA requirement if located
within an existing pedestrian access route.
(d) On private property. If located on private property, the applicant shall
submit a copy of a letter of authority from the private property owner prior to the
small wireless facility permit issuance.
2. An antenna on top of an existing pole may not extend more than six (6) feet
above the height of the existing pole and the diameter may not exceed sixteen (16)
inches, measured at the top of the pole, unless the applicant can demonstrate that more
space is needed. The antennas shall be integrated into the pole design so that it
appears as a continuation of the original pole, including colored or painted to match the
pole, and shall be shrouded or screened to blend with the pole except for canister
Ordinance No. 975 Page 10 of 18
antennas and 5G antennas which shall not require screening. All cabling and mounting
hardware/brackets from the bottom of the antenna to the top of the pole shall be fully
concealed and integrated with the pole.
3. Any replacement pole shall substantially conform to the design of the pole it is
replacing or the neighboring pole design standards utilized within the contiguous right-of-
way, or the City's new preferred standard pole design if applicable, and conform to the
applicable requirements in subsection E below.
4. The height of any replacement pole and associated antennas may not extend
more than ten (10) feet above the height of the existing pole or the minimum additional
height necessary; provided that the height of the replacement pole cannot be extended
further by additional antenna height.
5. The use of the pole for the siting of a small wireless facility shall be considered
secondary to the primary function of the pole. If the primary function of a pole serving as
the host site for a small wireless facility becomes unnecessary, the pole shall not be
retained for the sole purpose of accommodating the small wireless facility and the small
wireless facility and all associated equipment shall be removed.
B. Wooden pole design standards. Small wireless facilities located on wooden poles inside
or outside the city right-of-way shall conform to the following design criteria:
1. The wooden pole at the proposed location may be replaced with a taller pole for
the purpose of accommodating a small wireless facility; provided, that the replacement
pole shall not exceed a height that is a maximum of ten (10) feet taller than the existing
pole, unless a further height increase is required and confirmed in writing by the pole
owner and that such height extension is the minimum extension possible to provide
sufficient separation and/or clearance from electrical and wireline facilities.
2. A pole extender may be used instead of replacing an existing pole but may not
increase the height of the existing pole by more than ten (10) feet, unless a further
height increase is required and confirmed in writing by the pole owner and that such
height increase is the minimum extension possible to provide sufficient separation and/or
clearance from electrical and wireline facilities.
(a) A "pole extender" as used herein is an object affixed between the pole
and the antenna for the purpose of increasing the height of the antenna above
the pole. The pole extender shall be painted to approximately match the color of
the pole and shall substantially match the diameter of the pole measured at the
top of the pole.
3. Replacement wooden poles must either match the approximate color and
materials of the replaced pole or shall be the standard new wooden pole used by the
pole owner in the City, and in addition shall conform to the applicable requirements in
subsection E below.
4. Antennas, equipment enclosures, and all ancillary equipment, boxes and conduit
shall be colored or painted to match the approximate color of the surface of the wooden
pole on which they are attached.
Ordinance No. 975 Page 11 of 18
5. Antennas shall not be mounted more than twelve (12) inches from the surface of
the wooden pole.
6. Antennas should be placed in an effort to minimize visual clutter and
obtrusiveness. Multiple antennas are permitted on a wooden pole provided that each
antenna shall not be more than three (3) cubic feet in volume.
7. A canister antenna may be mounted on top of an existing or replacement
wooden pole, which may not exceed the height requirements described in subsection
B(1) above. A canister antenna mounted on the top of a wooden pole shall not exceed
sixteen (16) inches, measured at the top of the pole, and shall be colored or painted to
match the pole. The canister antenna must be placed to look as if it is an extension of
the pole. In the alternative, the applicant may install a side mounted canister antenna,
so long as the inside edge of the antenna is no more than twelve (12) inches from the
surface of the wooden pole. All cables shall be concealed either within the canister
antenna or within a sleeve between the antenna and the wooden pole.
8. The furthest point of any antenna or equipment enclosure may not extend more
than twenty-eight (28) inches from the face of the pole. Any equipment or antenna
enclosures must meet WSDOT height clearance requirements.
9. An omni-directional antenna may be mounted on the top of an existing wooden
pole, provided such antenna is no more than four (4) feet in height and is mounted
directly on the top of a pole or attached to a sleeve made to look like the exterior of the
pole as close to the top of the pole as technically feasible. All cables shall be concealed
within the sleeve between the bottom of the antenna and the mounting bracket.
10. All related equipment, including but not limited to ancillary equipment, radios,
cables, associated shrouding, microwaves, and conduit which are mounted on wooden
poles shall not be mounted more than six (6) inches from the surface of the pole, unless
a further distance is technically required, and is confirmed in writing by the pole owner.
11. The applicant shall minimize to the extent possible the antenna and equipment
space and shall use the smallest amount of enclosure possible to fit the necessary
equipment. In no event shall the equipment enclosure and all other wireless equipment
associated with the small wireless facility (including but not limited to conduit), including
wireless equipment associated with the antenna and any pre-existing associated
equipment on the pole exceed twenty-eight (28) cubic feet. An equipment enclosure up
to fifteen (15) cubic feet, excluding the antenna, is allowed on the exterior of the pole.
Any equipment enclosures exceeding the fifteen (15) cubic feet allowance shall be
installed underground. The follow design criteria shall apply as applicable depending on
the location of the antenna and equipment:
(a) Located on a pole. If located on a pole, antennas and the associated
equipment enclosures (including disconnect switches and other appurtenant
devices) must be camouflaged to appear as an integral part of the pole or flush
mounted to the pole, meaning for antennas no more than twelve (12) inches off
of the pole and for associated equipment no more than twelve (12) inches off the
pole if necessary for tilt, and must be the minimum size necessary for the
intended purpose, not to exceed the volumetric dimensions of small wireless
Ordinance No. 975 Page 12 of 18
facilities. If the equipment enclosure is permitted on the exterior of the pole, the
applicant is required to place the equipment enclosure behind any banners or
road signs that may be on the pole, provided that such location does not interfere
with the operation of the banners or signs or the equipment itself. The applicant
may install a side mounted canister antenna, so long as the inside edge of the
antenna is no more than six (6) inches from the surface of the pole. All cables
shall be concealed either within the canister antenna or within a sleeve between
the antenna and the pole.
(b) Located Underground. If located underground, the access lid to the
equipment enclosure shall be located outside the footprint of any pedestrian curb
ramp and shall have a nonskid surface meeting ADA requirement if located
within an existing pedestrian access route.
(c) Located on private property. If located on private property, the applicant
shall submit a copy of a letter of authority from the private property owner prior to
the small wireless facility permit issuance.
13. The visual effect of the small wireless facility on all other aspects of the
appearance of the wooden pole shall be minimized to the greatest extent possible.
14. The use of the wooden pole for the siting of a small wireless facility shall be
considered secondary to the primary function of the pole. If the primary function of a pole
serving as the host site for a small wireless facility becomes unnecessary, the pole shall
not be retained for the sole purpose of accommodating the small wireless facility and the
small wireless facility and all associated equipment shall be removed.
15. The diameter of a replacement pole shall comply with the City's setback and
sidewalk clearance requirements and shall not be more than a 25% increase of the
existing utility pole measured at the base of the pole.
16. All cables and wires shall be routed through conduit along the outside of the pole.
The outside conduit shall be colored or painted to match the pole. The number of
conduit shall be minimized to the number technically necessary to accommodate the
small wireless facility.
C. Small wireless facilities attached to existing buildings, shall conform to the following
design criteria:
1. Small wireless facilities may be mounted to the sides of a building if the antennas
do not interrupt the building's architectural theme.
2. The interruption of architectural lines or horizontal or vertical reveals is
discouraged.
3. New architectural features such as columns, pilasters, corbels, or other
ornamentation that conceal antennas may be used if it complements the architecture of
the existing building.
4. Small wireless facilities shall utilize the smallest mounting brackets necessary in
Ordinance No. 975 Page 13 of 18
order to provide the smallest offset from the building.
5. Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order
to conceal mounting hardware, create a cleaner appearance, and minimize the visual
impact of the antennas. Exposed cabling/wiring is prohibited.
6. Small wireless facilities shall be painted and textured to match the adjacent
building surfaces, unless otherwise technically infeasible.
7. Small wireless facilities must meet the height requirement of the underlying
zoning district.
8. Feed lines and coaxial cables shall be located below the parapet of the rooftop or
otherwise concealed from view.
9. If a cabinet enclosure cannot be located within the building where the small
wireless facilities will be located, then the City's first preference is for the wireless
telecommunication carrier to locate the equipment on the roof of the building. If the
equipment can be screened by placing the equipment below the parapet walls, no
additional screening is required. If screening is required, the proposed screening must
be consistent with the existing building in terms of color, design, architectural style, and
material. If the cabinet equipment cannot be located on the roof or within the building,
then it shall be located underground consistent with subsection E(1).
D. Small wireless facilities mounted on cables strung between existing utility poles shall
conform to the following standards.
1. Each strand mounted facility shall not exceed four (4) cubic feet in volume.
2. Only one strand mounted facility is permitted per cable between any two existing
poles.
3. The pole must be able to support the necessary load requirements of the strand
mounted facility.
4. The strand mounted devices shall be placed as close as possible to the nearest
utility pole, in no event more than five (5) feet from the pole unless a greater instance
technically necessary or is required by the pole owner for safety clearance;
5. No strand mounted device shall be located in or above the portion of the roadway
open to vehicular traffic.
6. Ground mounted equipment to accommodate a shared mounted facility is not
permitted except when placed in pre-existing equipment cabinets.
7. Pole mounted equipment shall comply with the requirements of subsections A
and B above.
8. Such strand mounted devices must be installed to cause the least visual impact,
be outside the view of a single family residence, and without excess exterior cabling or
Ordinance No. 975 Page 14 of 18
wires (other than the original strand).
9. Strand mounted facilities are prohibited on non -wooden poles, unless the existing
pole has pre-existing communication wirelines.
E. General requirements.
1. Ground mounted equipment in the rights -of -way is prohibited, unless such
facilities are placed under ground or the applicant can demonstrate that pole mounted or
undergrounded equipment is technically infeasible. If ground mounted equipment is
necessary, then the applicant shall submit a concealment element plan. Generators
located in the rights -of -way are prohibited.
2. No equipment shall be operated so as to produce noise in violation of Chapter
8.06 MMC.
3. Small wireless facilities are not permitted on traffic signal poles unless denial of
the siting could be a prohibition or effective prohibition of the applicant's ability to provide
telecommunications service in violation of 47 USC §§ 253 and 332.
4. Replacement poles and new poles shall comply with the Americans with
Disabilities Act (ADA), City construction and sidewalk clearance standards, city
ordinance, and state and federal laws and regulations in order to provide a clear and
safe passage within the rights -of -way. Further, the location of any replacement or new
pole must: be physically possible, comply with applicable traffic warrants, not interfere
with utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not adversely
affect the public welfare, health, or safety.
5. Replacement poles shall be located no more than five (5) feet from the existing
pole with the requirement to remove the abandoned pole.
6. No signage, message or identification other than the manufacturer's identification
or identification required by governing law is allowed to be portrayed on any antenna or
equipment enclosure. Any permitted signage shall be located on the equipment
enclosures or as otherwise required by law and be of the minimum amount possible to
achieve the intended purpose needed to meet applicable law, regulations, and
standards; provided that, signs are permitted as concealment element techniques where
appropriate.
7. 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.
8. Side arm mounts for antennas or equipment must be the minimum extension
necessary and for wooden poles may be no more than twelve (12) inches off the pole
and for non -wooden poles no more than six (6) inches off the pole.
9. The preferred location of a small wireless facility on a pole is the location with the
least visible impact.
Ordinance No. 975 Page 15 of 18
10. Antennas, equipment enclosures, and ancillary equipment, conduit and cable,
shall not dominate the structure or pole upon which they are attached. Antennas,
equipment enclosures, and ancillary equipment, conduit and cable is encouraged to be
integrated within the pole when technically feasible.
11. Except for locations in the city right-of-way or within access easements on private
property within property owner permission, small wireless facilities are not permitted on
any property containing a residential use in the residential zones.
12. The City may consider the cumulative visual effects of small wireless facilities
mounted on poles within the rights -of -way in when assessing proposed siting locations
so as to not adversely affect the visual character of the City. This provision shall not be
applied to limit the number of permits issued when no alternative sites are reasonably
available nor to impose a technological requirement on the applicant.
13. 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 effectively prohibit the applicant from providing a wireless service,
alternative forms of concealment or deployment may be permitted which provide similar
or greater protections from negative visual impacts to the streetscape.
20.38.080 New poles for small wireless facilities in the right-of-way or for
deployments in Design Zones.
A. New poles or structures for small wireless facilities or for installations of small wireless
facilities in a Design Zone are only permitted if the applicant can establish that:
1. The proposed small wireless facility cannot be located on an existing utility pole
or light pole, electrical transmission tower or on a site outside of the public rights -of -way
or access easement such as public property, a building, a transmission tower, or in or on
a non-residential use in a residential zone whether by roof or panel -mount or separate
structure;
2. The proposed small wireless facility complies with the applicable requirements of
MMC 20.38.070(E);
3. The proposed small wireless facility receives approval for a concealment element
design, as described in MMC 20.38.080(C) below;
4. For access easements, the property owner(s) has given written permission for
the placement of a new pole within the access easement in such a manner so as to not
frustrate the purpose of the easement or create any access or safety issue and shall be
in compliance with all land use regulations such as, but not limited to, setback
requirements;
5. The proposed small wireless facility also complies with Shoreline Management
Act, and SEPA, if applicable; and
6. Any new pole shall be installed at the point closest to the side property line so as
Ordinance No. 975 Page 16 of 18
to not impact the property's view; and
7. No new poles shall be located in a critical area or associated buffer required by
the City's Critical Areas Management ordinance (Title 20.50 MMC), except when
determined to be exempt pursuant to said ordinance.
B. An application for a new pole or deployment in a Design Zone is subject to review and
approval or denial by the Director.
C. The concealment element design shall include the design of the screening, fencing or
other concealment technology for a tower, pole, or equipment structure, and all related
transmission equipment or facilities associated with the proposed small wireless facility,
including but not limited to fiber and power connections.
1. The concealment element design should seek to minimize the visual
obtrusiveness of the small wireless facility. The proposed pole or structure should have
similar designs to existing neighboring poles in the rights of way, including similar height
to the extent technically feasible. If the proposed small wireless facility is placed on a
replacement pole in a Design Zone, then the replacement pole shall be of the same
general design as the pole it is replacing, unless the development services department
otherwise approves a variation due to aesthetic or safety concerns. Any concealment
element design for a small wireless facility on a decorative pole should attempt to mimic
the design of such pole and integrate the small wireless facility into the design of the
decorative pole. Other concealment methods include, but are not limited to, integrating
the installation with architectural features or building design components, utilization of
coverings or concealment devices of similar material, color, and texture - or the
appearance thereof - as the surface against which the installation will be seen or on
which it will be installed, landscape design, or other camouflage strategies appropriate
for the type of installation. Applicants are required to utilize designs in which all conduit
and wirelines are installed internally in the structure when technically feasible.
2. If the Director has already approved a concealment element design either for the
applicant or another small wireless facility along the same city right-of-way, if applicable,
or for the same pole type, then the applicant shall utilize a substantially similar
concealment element design, unless it can show that such concealment element design
is not physically or technologically feasible, or that such deployment would undermine
the generally applicable design standards.
D. Even if an alternative location is established pursuant to MMC 20.38.080(A)(1) the
Director may determine that a new pole is in fact a superior alternative based on the impact to
the City, the concealment element design, the City's Comprehensive Plan and the added
benefits to the community.
E. Prior to the issuance of a permit to construct a new pole or ground mounted equipment
in the city right-of-way, the applicant must obtain a site -specific agreement from the City to
locate such new pole or ground mounted equipment. This requirement also applies to
replacement poles when the replacement is necessary for the installation or attachment of small
wireless facilities, the replacement structure is higher than the replaced structure, and the
overall height of the replacement structure and the small wireless facility is more than sixty (60)
feet.
Ordinance No. 975 Page 17 of 18
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clause, or phrase of this Ordinance.
Section 15. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary clerical corrections to this ordinance including, but not limited to, the correction
of scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers and
any references thereto.
Section 16. Effective Date. This ordinance shall be in full force and effective five (5) days from
the passage and published in accordance with law.
Passed by the City Council of the City of Medina and approved by the Mayor this 8th day of
July, 2019.
Cynthia Ad s, Mayor
Approved as to form:
Aimee Kellerman, City Clerk Sco rtMissall, City Attorney
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.: / AB
Ordinance No. 975 Page 18 of 18