Chapter 15.31
Siting of Commercial Wireless Telecommunications Facilities

Sections:

15.31.010 Purpose

15.31.020 Authority and Application

15.31.030 Review Process

15.31.040 General Siting Approach and Development Standards

15.31.010 Purpose

In addition to implementing the general purposes of the Comprehensive Plan and the City’s general development regulations, it is the purpose of this chapter to establish clear local guidelines, standards and procedures for the siting and construction of commercial wireless telecommunications facilities (WTFs), and to address the issues of appearance and safety associated with WTFs. It is intended to provide adequate siting opportunities at appropriate locations within the City to support existing WTF technologies, to encourage new technologies to benefit SeaTac residents, businesses, and institutions, and to permit WTF providers to remain competitive.

A wide range of locations and options that minimize the safety hazards and visual impacts sometimes associated with WTFs are provided. The siting of facilities on existing structures, collocation of WTFs, and visual mitigation measures are encouraged in this chapter in order to preserve neighborhood aesthetics and reduce visual clutter in the community.

The development standards in this chapter address setback and other site-specific location factors. Siting criteria for WTFs are necessary to encourage the siting of those facilities in locations most appropriate based on land use compatibility, neighborhood characteristics, and aesthetic considerations. (Ord. 97-1013 § 26)

15.31.020 Authority and Application

The provisions of this chapter shall apply to WTFs, except as specifically exempted in this section:

A.  Maintenance and renovation of existing WTFs; provided, that the number and size of antennae does not increase beyond that shown on the building and/or electrical permit.

B.  Radio and television transmission towers.

C.  Noncommercial ham radio towers.

D.  Television antenna(e) and satellite dishes used for reception only.

E.  Temporary WTFs for a period not to exceed ninety (90) days; provided, that this period may be extended at the discretion of the Planning Director. (Ord. 97-1013 § 26)

15.31.030 Review Process

A. Permits Required.

1.  Building/Electrical Permits. A building and/or electrical permit is required for all WTFs, unless specifically exempted under SMC 15.31.020.

2.  Minor Conditional Use Permits (Minor CUP). A minor conditional use permit is required for:

a.  New support structures for all WTFs in industrial, business park, aviation business center, community business, community business in urban center, office/commercial medium, and neighborhood business zones, unless the proposed WTF will be located on an existing support structure, a water tower, a school building higher than thirty (30) feet.

b.  A WTF that is not a microcell collocated on an existing support structure in park, urban low, urban medium, urban high, and mobile home park zones; or

c.  A WTF that is not a microcell and is located on a utility pole.

3.  Major Conditional Use Permits (Major CUP). A major conditional use permit is required for WTFs and/or new support structures in park, urban low, urban medium, urban high, and mobile home park zones, unless the proposed WTF will be located on an existing support structure, a water tower, a school building higher than thirty (30) feet, or a utility pole.

4.  Other Permits. In addition to the building and/or electrical permit, other permits may be required, including but not limited to grading, and right-of-way permits.

      The following table summarizes the types of permits required:

	ZONES*
WTF Type/Location	High Intensity	Low Intensity
Microcells 1. Located on existing structures	Building/Electrical	Building/Electrical
New WTFs that are not microcells
1. Collocated on an existing support structure	Building/Electrical	Minor CUP and Building/Electrical
2. Located on other existing structures:
a. Water towers, and school buildings higher than 30 feet	Building/Electrical	Building/Electrical
b. Utility poles	Minor CUP and Building/Electrical	Minor CUP and Building/Electrical
c. Other structures	Building/Electrical	Major CUP and Building/Electrical
New support structures for all WTFs	Minor CUP and Building/Electrical	Major CUP and Building/Electrical

PERMITS REQUIRED

* High intensity zones are as follows: I, BP, ABC, CB, CB-C, O/CM, O/C/MU, and NB.

         Low intensity zones are as follows: UL, UM, UH, MHP, T and P.

B.  Submittal Requirements.

1.  With each application, the applicant shall provide an inventory of its existing towers and/or monopoles that are within the jurisdiction of the City and/or within one-quarter (1/4) mile of the border thereof, including specific information about the location, height, design, and performance specifications of each tower or monopole. The Planning Department shall maintain a file containing this information, which will be available for review by applicants.

2.  Each application shall illustrate and describe the WTF installation as it will be when fully deployed, even if the construction or installation will occur in phases.

3.  Each application for a new support structure shall include the following:

a.  A copy of the following notice, with any and all responses or a statement that no responses were received, which was mailed by the applicant to all other wireless providers licensed to provide service within the City of SeaTac, and to the property owners of all existing structures exceeding forty (40) feet in height within one thousand (1,000) feet of the proposed site:

Pursuant to the requirements of the City of SeaTac Municipal Code 15.31.030(B)(3), (wireless provider) is hereby providing you with notice of our intent to apply to the City of SeaTac to construct a wireless telecommunications support structure at (address). The proposed support structure will be approximately ___ feet in height for the purpose of providing (type of service) service.

Please inform us whether you have any existing structures or wireless support structures in the vicinity of our proposed facility that may be available for our use. Please provide this information to us within ten working days from the date of this letter. If we receive no response from you within that time, we shall assume that you do not wish to pursue a wireless telecommunications facility at this site.

b.  A copy of the mailing labels, or a list of the names and addresses of the recipients of the notice described in subsection (B)(3)(a) of this section.

c.  If an alternative site is identified, either through the notice described in subsection (B)(3)(a) of this section or through other means, the applicant shall also submit a written assessment by a radio frequency engineer that explains why that site will not meet the applicant’s requirements. The report shall specify:

      i. The necessity of the site proposed for the new support structure to provide the communication coverage required by the applicant;

      ii. The additional structural demands of retrofitting, at the available host site, the additional antennae and equipment shelter needed by the applicant; and

      iii. An explanation of any other technical or structural limitations of the host site to accommodate the additional antennae and equipment shelter needed by the applicant.

      The City may, at the applicant’s expense, have an independent radio frequency engineer or other qualified consultant review this report.

      In all other cases the City may require this report as part of the permit application.

4.  All applications for WTFs shall comply with all applicable FAA and Federal Communication Commission (FCC) regulations.

C.  Variance. A variance from the setback, landscaping, fencing, lighting, noise, and aesthetics standards specified in SMC 15.31.040(B) may be granted, subject to the criteria and process set forth in SMC 15.22.020(B).

1.  A variance from the height limitations specified in SMC 15.31.040(B) may be granted only pursuant to the criteria set forth in SMC 15.22.020(C).

      In cases where the applicant is applying for a permit to construct a new support structure requiring a written report as per subsection (B)(3)(c) of this section, and for a height variance requiring the information specified in SMC 15.22.020(C)(6), the applicant may submit a single report; provided, that it contains the information required under both subsection (B)(3)(c) of this section and SMC 15.22.020(C)(6).

      The City may, at the applicant’s expense, have an independent radio frequency engineer or other qualified consultant review this report. (Ord. 00-1028 § 1; Ord. 98-1036 § 3; Ord. 97-1013 § 26)

15.31.040 General Siting Approach and Development Standards

A.  General Siting Approach. Generally, collocation on existing support structures or other existing structures is encouraged. Further, attachment of antenna(s) to existing nonresidential structures primarily within high intensity zones, as listed below, is preferable to new freestanding support structures.

      New support structures will be allowed only when there is no feasible alternative. SMC 15.31.030(B)(3) sets forth the procedures by which the existence of feasible alternatives will be determined. The preferred order for the location of new support structures is:

1.  I and BP zones;

2.  ABC, CB, CB-C, O/CM, O/C/MU and NB zones;

3.  UH and UM zones;

4.  UL, MHP, T and P zones.

B.  Development Standards.

1.  High Intensity Zones. Subject to the following development standards, WTFs are permitted in the following high intensity zones: I, BP, ABC, CB, CB-C, O/CM, O/C/MU and NB. Location of WTFs on some structures in the high intensity zones is subject to the conditional use permit process as stated in SMC 15.31.030(A).

a.  Collocation. Collocation is encouraged. No additional setback or landscaping standards are required for WTFs collocating on existing support structures.

      i. The maximum number of platforms on any support structure shall be four (4).

      ii. The number of WTFs allowed on existing structures is not limited, except that not more than one (1) WTF shall be allowed on a utility pole.

      iii. Each service provider shall be limited to an equipment shelter installation not to exceed two hundred fifty (250) square feet in area at each WTF site. An equipment shelter installation may be comprised of a single structure, or several cabinets or similar components.

b.  Locating on Utility Poles. WTFs locating on utility poles shall either meet the definition of a microcell, or conform to the following:

      i. The utility pole at the proposed location may be replaced with a taller pole for the purpose of accommodating the WTF; provided, that the WTF is of a type that is designed to be mounted on the side(s) of the pole; and further provided, that the new pole shall not exceed a length that is a maximum of twenty (20) feet taller than the existing pole;

      ii. Antenna panels shall not project out from the surface of the utility pole by more than twelve (12) inches, shall not exceed six (6) feet in height, and shall be placed such that the top of the antenna panels does not extend above the height of the utility pole;

      iii. A tubular antenna may be mounted as an extension on top of an existing utility pole, but the existing pole may not be replaced with a taller pole for the purpose of accommodating the tubular antenna. A tubular antenna mounted on top of a utility pole shall not exceed eighteen (18) inches in diameter and eight (8) feet in height;

      iv. A whip antenna may be mounted as an extension on top of an existing utility pole, but the existing pole may not be replaced with a taller pole for the purpose of accommodating the whip antenna. A whip antenna mounted on top of a utility pole shall not exceed twenty (20) feet in length, and shall be enclosed within a cylinder that is painted to match the existing pole;

      v. All WTFs mounted on utility poles shall be painted to match the pole;

      vi. The visual effect of the WTF on all other aspects of the appearance of the utility pole shall be minimized to the greatest extent possible;

      vii. The use of a utility pole for the siting of a WTF shall be considered secondary to the primary function of the utility pole. If the primary function of a utility pole serving as a host site for a WTF becomes unnecessary and any City, State, or Federal regulation requires its removal, the utility pole shall not be retained for the sole purpose of accommodating the WTF;

      viii. Equipment cabinet(s) for WTFs located on utility poles shall be located underground, unless an existing building other than a single-family residence is available to accommodate the equipment cabinet(s), or vegetation sufficient to screen the cabinet(s) exists at the site;

      ix. In all cases where a utility pole is replaced for the purpose of accommodating a WTF installation, the cables and other wiring necessary for the WTF shall be routed inside the pole.

c.  Height. The height of WTFs collocated on existing structures shall not exceed twenty-four (24) feet above the existing structure; provided, that the height shall not exceed applicable FAA limitations.

      The height of new support structures shall be limited to eighty (80) feet. This height may be increased to one hundred (100) feet if the support structure is designed to accommodate collocation by another wireless telecommunications service provider.

      WTFs collocated on an existing support structure shall not exceed the height of that support structure.

d.  Setbacks. For new support structures, the required setbacks shall be measured from the base of the support structure or from the edge of the equipment shelter, whichever is closer to the property line. The minimum setbacks shall be as follows:

      i. Front: Ten (10) feet;

      ii. Side: Five (5) feet;

      iii. Rear: Five (5) feet.

      The setbacks shall be a minimum of twenty (20) feet on the sides adjacent to P, UL, UM, UH, MHP or T zones. For collocated WTFs, there are no additional setback requirements.

      For new WTFs located on existing buildings, the WTF shall be allowed to project into the setback; provided, that such projection does not exceed twenty-four (24) inches.

      Within the urban center, new support structures shall be located as far to the rear of the site as the setbacks will allow, so as to preserve as much of the site as possible for future development.

e.  Landscaping. For new support structures, the street frontage landscaping shall be Type II, ten (10) feet, and Type II, five (5) feet, on the sides and rear. Where adjacent to UL, UM, UH, MHP, T or P zones, new support structures shall provide ten (10) feet of Type II landscaping on that side(s). In all cases, the landscaping shall be located on the outside of any fence that is used.

      Landscaping standards may be modified at the discretion of the Planning Director in cases where the need for landscaping is eliminated by adequate natural screening, existing landscape buffers, topography, or the placement of the WTF among buildings.

2.  Low Intensity Zones. Low intensity zones include only the UL, UM, UH, MHP, and P zones. Subject to the following development standards, WTFs are allowed in the low intensity zones. Location of WTFs on some structures in the low intensity zones is subject to the conditional use permit process as stated in SMC 15.31.030(A).

a.  Collocation. Collocation or locating on an existing structure is required, except where technical or other limitations preclude it, as documented by a report described in SMC 15.31.030(B)(3)(c).

      i. The maximum number of platforms on any support structure shall be four (4), except where the Planning Director determines that a lower number is needed to protect the character of the existing neighborhood.

      ii. The number of WTFs located on existing structures is not limited, except that not more than one (1) WTF shall be allowed on a utility pole.

      iii. Each service provider shall be limited to an equipment shelter installation not to exceed two hundred fifty (250) square feet in area at each WTF site. An equipment shelter installation may be comprised of a single structure, or several cabinets or similar components.

b.  Locating on Utility Poles. WTFs locating on utility poles shall either meet the definition of a microcell or conform to the following:

      i. The utility pole at the proposed location may be replaced with a taller pole for the purpose of accommodating the WTF; provided, that the WTF is of a type that is designed to be mounted on the side(s) of the pole; and further provided, that the new pole shall not exceed a length that is a maximum of twenty (20) feet taller than the existing pole;

      ii. Antenna panels shall not project out from the surface of the utility pole by more than twelve (12) inches, shall not exceed six (6) feet

       in height, and shall be placed such that the top of the antenna panels does not extend above the height of the utility pole;

      iii. A tubular antenna may be mounted as an extension on top of an existing utility pole, but the existing pole may not be replaced with a taller pole for the purpose of accommodating the tubular antenna. A tubular antenna mounted on top of a utility pole shall not exceed eighteen (18) inches in diameter and eight (8) feet in height;

      iv. A whip antenna may be mounted as an extension on top of an existing utility pole, but the existing pole may not be replaced with a taller pole for the purpose of accommodating the whip antenna. A whip antenna mounted on top of a utility pole shall not exceed twenty (20) feet in length, and shall be enclosed within a cylinder that is painted to match the existing pole;

      v. All WTFs mounted on utility poles shall be painted to match the pole;

      vi. The visual effect of the WTF on all other aspects of the appearance of the utility pole shall be minimized to the greatest extent possible;

      vii. The use of a utility pole for the siting of a WTF shall be considered secondary to the primary function of the utility pole. If the primary function of a utility pole serving as a host site for a WTF becomes unnecessary and any City, State, or Federal regulation requires its removal, the utility pole shall not be retained for the sole purpose of accommodating the WTF;

      viii. Equipment cabinet(s) for WTFs located on utility poles shall be located underground, unless an existing building other than a single-family residence is available to accommodate the equipment cabinet(s), or vegetation sufficient to screen the cabinet(s) exists at the site;

      ix. In all cases where a utility pole is replaced for the purpose of accommodating a WTF installation, the cables and other wiring necessary for the WTF shall be routed through the inside of the pole.

c.  Height. The height of WTFs located on existing structures shall not exceed twenty-four (24) feet above the existing structure; provided, that the height shall not exceed applicable FAA height limitations.

      The height of new support structures shall be limited to sixty (60) feet. This height may be increased to eighty (80) feet if the support structure is designed to accommodate collocation by another wireless telecommunications service provider.

      WTFs collocated on an existing support structure shall not exceed the height of that support structure.

d.  Setbacks. For new support structures, the required setbacks shall be measured from the base of the support structure or from the edge of the equipment shelter, whichever is closer to the property line. The setbacks shall be a minimum of twenty (20) feet on all sides. For collocated WTFs, or WTFs located on an existing structure, there are no additional setback requirements.

e.  Landscaping. For new support structures, the street frontage landscaping shall be Type I, ten (10) feet, on all sides. In all cases, the landscaping shall be located on the outside of any fence that is used.

      Landscaping standards may be modified at the discretion of the Planning Director in cases where the need for landscaping is eliminated by adequate natural screening, existing landscape buffers, or topography.

3.  General Development Standards. All WTFs in all zones shall be subject to the following development standards:

a.  Fencing. Fences are not required, but shall be subject to a maximum height of ten (10) feet. The maximum fence height shall include any barbed wire or similar material, if used at the top of the fence. Fences may be constructed of any standard fencing material. All fencing shall be located inside of any required landscaping.

b.  Lighting. Only lighting required by FAA regulations, as documented by a letter from that agency, is allowed on support structures or antennae. Where lighting is required by FAA regulations, the light source shall be hooded or directed to shield adjacent properties, except where prohibited by FAA regulations.

c.  Noise. WTFs shall meet all existing noise standards as per SMC 15.18.020. In addition, noise levels shall not exceed ambient noise levels when measured at the property boundaries except in designated emergencies or for emergency generator testing. During generator testing, noise levels shall not exceed five (5) dBA above ambient noise levels when measured at the property boundaries. Generator testing is allowed only between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday.

d.  Aesthetics. Support structures shall be painted a color that best allows them to blend into the surroundings. The use of grays, blues and greens will often be appropriate. However, each case shall be evaluated individually, and approval of the Planning Director shall be obtained.

      When located on an existing structure, antenna(e) and associated equipment shall be of a neutral color that is identical to, or closely compatible with, the color of the existing structure so as to make the installation as visually unobtrusive as possible.

      Neither antenna(e), antenna array(s), nor support structures shall be painted with signs, symbols, logos, flags or similar markings, nor shall such signs, symbols, logos, flags or similar markings be attached to antenna(e), antenna array(s), or support structures. This provision is intended to preclude the use of WTFs for advertising purposes. UL certification tags, manufacturer’s contact information, and similar small tags not visible at a distance are exempt from this provision.

e.  Abandonment. Any WTF that is abandoned shall be reported immediately to the Director of Planning and Community Development by the service provider. The service provider shall include documentation of the date that use of the WTF was discontinued. The service provider shall remove the abandoned WTF and restore the aboveground site features to their pre-existing condition within six (6) months of the abandonment, unless another service provider commits to using the site/facility as specified below. If the abandoned WTF is not removed and the site restored within the specified time frame, the City may conduct the removal and/or restoration at the service provider’s expense.

      If there are two (2) or more users of a single WTF, then this provision shall not become effective until all users cease using the WTF. If another service provider has committed to continue the use of the discontinued WTF, an extension of up to three (3) months beyond the six (6) month removal deadline may be granted provided that:

      i. A letter of intent to operate the abandoned facility is submitted to the City by the new service provider; and

      ii. The WTF is put into service, or an application for a WTF has been submitted within the three (3) month extension period.

f.  Maintenance. All required landscaping shall be maintained as per SMC 15.14.210. In addition, painted or otherwise coated surfaces shall be continually maintained. (Ord. 00-1028 § 2; Ord. 99-1010 § 1; Ord. 98-1036 § 4; Ord. 98-1017 § 6; Ord. 97-1013 § 26)