This article provides design and review procedures for communications facilities in the public rights-of-way. These provisions are intended to provide objective design criteria to assist in minimizing the visually obtrusive impacts which can be associated with wireless communications facilities and to encourage creative approaches in the location and construction of wireless communications facilities.
(Ord. 1699 § 2 (part), 2018)
Small cell deployment includes small cell facilities and small cell networks; provided, that microcells shall be permitted only in accordance with Article I of this chapter. The following provisions establish design and concealment standards for small cell deployments; provided, however, that any small cell or small cell network component which is not exempt from SEPA review shall comply with chapter 16.05 DMMC:
(1) 
Existing or Replacement Utility Poles in Areas Other Than Design Zones and Underground Districts. Eligible small cell facilities permitted under the provisions of a franchise approval shall be considered to have satisfied the design and concealment standards when installed on existing utility poles.
(2) 
Small Cell Deployments on Existing Utility Poles Not Approved Pursuant to a Franchise. Small cell deployments on existing utility poles which have not been approved as an exhibit to the franchise, or as a minor deviation thereto, shall comply with the provisions of DMMC § 20.07.240 and be approved pursuant to a permit issued as provided in this chapter.
(3) 
Replacement Utility Pole – Street Lighting. With the express permission of the City, a replacement utility pole or a new utility pole may be permitted in the form of a new street light standard. The design of the street light standard shall be in accordance with adopted City construction standards when located outside of a Design Zone or underground district. Replacement utility poles/street light standards located within a Design Zone shall conform to the adopted streetscape design standard for the Design Zone. Wherever technologically feasible, all equipment and cabling shall be internal to the replacement street lighting standard.
(4) 
Undergrounded Areas. In areas in which utilities have been undergrounded, a service provider or infrastructure company desiring to locate any aboveground infrastructure in support of a small cell deployment shall submit a concealment element plan in accordance with the provisions of DMMC § 20.07.240(6).
(5) 
Undergrounded Areas in Urban Designed Corridors. In areas in which utilities have been undergrounded and improved as urban designed corridors, a service provider or infrastructure company desiring to locate any aboveground infrastructure shall provide a separate, standalone pole that matches the urban design theme of the corridor. Pole design to be approved by the City pursuant to DMMC § 20.07.240(6).
(Ord. 1699 § 2 (part), 2018)
Small cell deployments whether permitted on the right-of-way pursuant to a franchise or in accordance with this chapter shall conform to the following design standards:
(1) 
Small Cell Facilities Attached to Nonwooden Poles. Small cell facilities attached to existing or replacement nonwooden light poles and other nonwooden poles in the right-of-way or poles outside of the right-of-way shall conform to the following design criteria:
(a) 
Antennas and the associated equipment enclosures shall be sited and installed in a manner which minimizes the visual impact on the streetscape either by fully concealing the antennas and associated equipment fully within the pole or through a concealment element plan which provides an equivalent or greater impact reduction. This requirement shall be applied in a manner which does not dictate the technology employed by the service provider nor unreasonably impair the technological performance of the equipment chosen by the service provider.
(b) 
All conduit, cables, wires and fiber must be routed internally in the light pole. Full concealment of all conduit, cables, wires and fiber is required within mounting brackets, shrouds, canisters or sleeves if attaching to exterior antennas or equipment.
(c) 
An antenna on top of an existing pole may not extend more than six feet above the height of the existing pole and the diameter may not exceed 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 they appear 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 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.
(d) 
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.
(e) 
The height of any replacement pole may not extend more than 10 feet above the height of the existing pole or the minimum additional height necessary for adequate clearance from electrical wires, whichever is greater.
(f) 
The diameter of a replacement pole shall comply with the City's setback and sidewalk clearance requirements, ADA requirements, and if a replacement light standard then with the City's lighting requirements.
(g) 
The use of the pole for the siting of a small cell 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 cell facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small cell facility and the small cell facility and all associated equipment shall be removed.
(2) 
Wooden Pole Design Standards. Small cell facilities located on wooden poles shall conform to the following design criteria:
(a) 
The wooden pole at the proposed location may be replaced with a taller pole for the purpose of accommodating a small cell facility; provided, that the replacement pole shall not exceed a height that is a maximum of 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.
(b) 
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 10 feet unless a further height increase is required and confirmed in writing by the pole owner and such height increase is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities. 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.
(c) 
Replacement wooden poles may 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.
(d) 
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.
(e) 
Panel antennas shall not be mounted more than 12 inches from the surface of the wooden pole.
(f) 
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 enclosure shall not be more than three cubic feet in volume, with a cumulative total antenna volume not to exceed nine cubic feet, unless additional volume is technically necessary which in such cases the total volume may not exceed 12 cubic feet.
(g) 
A canister antenna may be mounted on top of an existing wooden pole, which may not exceed the height requirements described in subsection (2)(a) of this section. A canister antenna mounted on the top of a wooden pole shall not exceed 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 propose a side-mounted canister antenna, so long as the inside edge of the antenna is no more than 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.
(h) 
An omni-directional antenna may be mounted on the top of an existing wooden pole, provided such antenna is no more than four 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.
(i) 
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 inches from the surface of the pole, unless a further distance is technically required, and is confirmed in writing by the pole owner.
(j) 
Equipment for small cell facilities must be attached to the wooden pole, unless otherwise permitted to be ground-mounted pursuant to subsection (5)(a) of this section. The equipment must be placed in the smallest enclosure possible for the intended purpose. The equipment enclosure may not exceed 17 cubic feet. Multiple equipment enclosures may be acceptable if designed to more closely integrate with the pole design and do not cumulatively exceed 17 cubic feet. The applicant is encouraged to place the equipment enclosure behind any banners or road signs that may be on the pole if such banners or road signs are allowed by the pole owner.
(k) 
An applicant who desires to enclose its antennas and equipment within a unified enclosure may do so; provided, that such unified enclosure does not exceed four cubic feet. To the extent possible the unified enclosure shall be placed so as to appear as an integrated part of the pole or behind banners or signs. The unified enclosure may not be placed more than six inches from the surface of the pole unless a further distance is technically required and confirmed in writing by the pole owner.
(l) 
The visual effect of the small cell facility on all other aspects of the appearance of the wooden pole shall be minimized to the greatest extent possible.
(m) 
The use of the wooden pole for the siting of a small cell 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 cell facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small cell facility and the small cell facility and all associated equipment shall be removed.
(n) 
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 conduits shall be minimized to the number technically necessary to accommodate the small cell.
(3) 
Small Cell Facilities Attached to Existing Buildings. Small cell facilities attached to existing buildings shall conform to the following design criteria:
(a) 
Small cell facilities may be mounted to the sides of a building if the antennas do not interrupt the building's architectural theme.
(b) 
The interruption of architectural lines or horizontal or vertical reveals is discouraged.
(c) 
New architectural features such as columns, pilasters, corbels, or other ornamentation that conceal antennas may be used if they complement the architecture of the existing building.
(d) 
Small cells shall utilize the smallest mounting brackets necessary in order to provide the smallest offset from the building.
(e) 
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.
(f) 
Small cell facilities shall be painted and textured to match the adjacent building surfaces.
(4) 
Small cell facilities mounted on cables strung between existing utility poles shall conform to the following standards:
(a) 
Each strand-mounted facility shall not exceed three cubic feet in volume;
(b) 
Only one strand-mounted facility is permitted per cable between any two existing poles;
(c) 
The strand-mounted devices shall be placed as close as possible to the nearest utility pole, in no event more than six feet from the pole unless a greater distance is technically necessary or required by the pole owner for safety clearance;
(d) 
No strand-mounted device shall be located in or above the portion of the roadway open to vehicular traffic;
(e) 
Ground-mounted equipment to accommodate such strand-mounted facilities is not permitted, except when placed in preexisting equipment cabinets;
(f) 
Pole-mounted equipment for strand-mounted facilities shall meet the requirements for pole-mounted small cells; and
(g) 
Such strand-mounted devices must 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.
(5) 
General Requirements.
(a) 
Ground-mounted equipment in the rights-of-way is prohibited unless such facilities are placed underground 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.
(b) 
No equipment shall be operated so as to produce noise in violation of chapter 18.185 DMMC.
(c) 
Small cell facilities are not permitted on traffic signal poles.
(d) 
Replacement poles and new poles shall comply with the Americans with Disabilities Act (ADA), City construction and sidewalk clearance standards, and state and federal regulations in order to provide a clear and safe passage within the rights-of-way.
(e) 
Replacement poles shall be located as near as possible to the existing pole with the requirement to remove the abandoned pole.
(f) 
The design criteria as applicable to small cell facilities described herein shall be considered concealment elements and such small cell facilities may only be expanded upon an eligible facilities request described in chapter 20.10 DMMC, when the modification does not defeat the concealment elements of the facility.
(g) 
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, and any such signage on equipment enclosures shall be of the minimum amount possible to achieve the intended purpose; provided, that signs are permitted as concealment element techniques where appropriate.
(h) 
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.
(i) 
Side arm mounts for antennas or equipment are prohibited.
(j) 
The preferred location of a small cell facility on a pole is the location with the least visible impact.
(k) 
Antennas, equipment enclosures and ancillary equipment, conduit and cable shall not dominate the building or pole upon which they are attached.
(l) 
The City may consider the cumulative visual effects of small cells mounted on poles within the rights-of-way 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 service provider.
(m) 
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.
(6) 
New Poles in the Rights-of-Way for Small Cell Facilities and Installations in a Design District.
(a) 
New poles within the rights-of-way are only permitted if the applicant can establish that:
(i) 
The proposed small cell 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 such as a public park, public property, building, transmission tower or in or on a nonresidential use in a Residential Zone whether by roof or panel-mount or separate structure;
(ii) 
The proposed wireless communications facility receives approval for a concealment element design, as described in subsection (6)(b) of this section;
(iii) 
The proposed wireless communications facility also complies with the Shoreline Master Program and SEPA, if applicable; and
(iv) 
No new poles shall be located in a critical area or associated buffer required by the City's critical areas management ordinance, except when determined to be exempt pursuant to said ordinance.
(b) 
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 wireless communications facility, including but not limited to fiber and power connections.
(i) 
The concealment element design should seek to minimize the visual obtrusiveness of wireless communications facility installations. The proposed pole or structure should have similar designs to existing neighboring poles in the rights-of-way, including to the extent technically feasible similar height. 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 or otherwise integrated into the design of the structure. Use of a unified enclosure equal to or less than four cubic feet in volume may be permitted in meeting these criteria.
(ii) 
If the City Manager has already approved a concealment element design either for the applicant or another wireless communications facility along the same public right-of-way 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.
(c) 
Even if an alternative location is established pursuant to subsection (6)(a)(i) of this section the conditional use permit process may determine that a new pole in the right-of-way 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.
(d) 
Prior to the issuance of a permit to construct a new pole or ground-mounted equipment in the 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 that are higher than the replaced pole, and the overall height of the replacement pole and the proposed wireless communications facility is more than 60 feet.
(e) 
Installation of small cell facilities in a Design Zone (DMMC § 20.07.260) shall be permitted by an administrative approval of a concealment plan utilizing the design and concealment standards contained in this chapter.
(f) 
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.
(Ord. 1699 § 2 (part), 2018)
The following zones are designated as Design Zones for the purpose of the application of the provisions of this chapter:
(1) 
Pacific Ridge Commercial (PR-C);
(2) 
Pacific Ridge Residential (PR-R); and
(3) 
Marina District Planning Area.
The concealment element design developed pursuant to DMMC § 20.07.240(6) shall utilize the Design Guidelines adopted for the design districts by Ordinance Nos. 1486 and 1268, respectively.
(Ord. 1699 § 2 (part), 2018)
Other wireless communication facilities shall be reviewed pursuant to this chapter, including wireless communication facilities outside of the public rights-of-way and all wireless communication facilities other than small cells when located in the public right-of-way.
(1) 
These provisions shall be interpreted and applied in order to comply with the provisions of federal law. By way of illustration and not limitation, any small cell facility which has been certified as compliant with all FCC and other government regulations regarding the human exposure to radio frequency emissions will not be denied on the basis of RF radiation concerns. See DMMC § 20.07.140(2)(f).
(2) 
Wireless communication facilities shall be subject to the requirements of this chapter to the extent that such requirements (a) do not unreasonably discriminate among providers of functionally equivalent services, and (b) do not have the effect of prohibiting personal wireless services within the City.
(Ord. 1699 § 2 (part), 2018)