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Note: Streets - Obstructions and Excavations - See Chapter 10.22.
“Commercial,”
whenever used in this chapter, shall mean development associated with uses other than single family and duplex.
“Garden activities,”
whenever used in this chapter, shall be held and construed to mean planting vegetation and installation of hardscape elements associated with landscaping, such as pavers or raised beds that conform to the Public Works Design Manual in the right-of-way.
“Residential,”
whenever used in this chapter, shall mean development associated with single family and duplexes.
“Right-of-way occupancy”
whenever used in this chapter shall be held and construed to mean and include any surface, above surface and subsurface occupancy or use of any public right-of-way wherever located in the City of Tacoma, and such subsurface use shall include any vault, bin, cellar, passageway, pipeline, tank, elevator, chute, or any other structure or improvement.
“Small cell facility,”
whenever used in this chapter, shall mean a personal wireless services facility that meets both of the following qualifications:
1. 
Each antenna is located inside an antenna enclosure of no more than three (3) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of not more than three (3) cubic feet; and
2. 
Primary equipment enclosure is no larger than seventeen (17) cubic feet in volume. The following associated equipment may be located outside the primary equipment enclosure and if so located, are not included in the calculation of equipment volume; electric meter, concealment, telecomm demarcation box, ground-based enclosures, battery back-up power systems, grounding equipment, power transfer switch, and cut-off switch.
(Ord. 21035 § 1, 1977-04-05; Ord. 22857 § 1, 1983-01-18; Ord. 27941 Ex. A, 2010-11-09; Ord. 28501 Ex. A, 2018-04-10; Ord. 28503 Ex. A, 2018-05-01)
A. 
It is unlawful for anyone to use any public right-of-way for private purposes without written permission from the City of Tacoma and without complying with all of the provisions of this chapter in relation thereto; provided that nothing herein contained shall apply to street maintenance work performed by the City of Tacoma, utility installations covered by franchise (not including small cell facilities), street or sewer installation and improvement work authorized by ordinance, or street improvement projects under contract with the City of Tacoma.
B. 
Written permission of a Small Cell Facility shall be as follows:
1. 
If a small cell facility is attached to a City asset, the, typically Public Work or Tacoma Public Utility Poles, installation shall be permitted through a Pole Attachment Agreement and other appropriate development permits, including a work order.
2. 
If a small cell facility is attached to an existing/replacement pole not owned by the City, the attachment shall be reviewed under this chapter and appropriate development permits. It will be determined, on a case by case basis, if a separate Right-of-Way Permit, Pole Attachment Agreement, and/or amended Franchise Agreement is necessary.
3. 
If a new pole, not owned by the City, is necessary to accommodate the small cell facility, a Right-of-Way Occupancy Permit will be required for the pole in addition to other appropriate development permits, including a work order.
C. 
Small cell facility installations shall be subject to the procedural requirements in Section 9.08.030, the development standards contained in Section 9.08.045, and shall pay the permit fees identified in Section 9.08.075. Other sections do not apply.
(Ord. 21035 § 1, 1977-04-05; Ord. 28501 Ex. A, 2018-04-10; Ord. 28503 Ex. A, 2018-05-01)
A. 
Right-of-Way Occupancies adjacent to residential uses shall not require a Right-of-Way Occupancy Permit provided they meet the below criteria. A right-of-way construction permit is still required for all right-of-way construction activity defined in TMC Chapter 10.22. The criteria for an exemption to a right-of-way occupancy permit adjacent to residential uses is as follows:
1. 
Fences must be no taller than seven feet; must comply with the Public Works Design Manual related to setback from sidewalk and site distance at intersections and driveways. This does not include fences crossing/blocking unimproved rights-of-way.
2. 
Retaining walls no taller than four feet in height must comply with the Public Works Design Manual related to setback from sidewalk and site distance at intersections and driveways.
3. 
At-grade stairs.
4. 
Above-grade stairs, provided they meet the Public Works Design Manual.
5. 
Garden activities, provided the activity meets the Public Works Design Manual. Garden activities in the planting strip shall not include any structure, such as a fence and/or raised bed.
6. 
Required Utility installations.
B. 
Right-of-Way Occupancies adjacent to residential uses, that do not meet the above standards, will be reviewed under the associated building permit and will not require a separate Right-of-Way Occupancy Permit. They will require proof of insurance as set forth in Section 9.08.080.
C. 
Right-of-Way Occupancies adjacent to commercial uses, when such use and/or development is a requirement of the Tacoma Municipal Code, such as, but not limited to, alternative materials for sidewalks, street trees, benches, and bike racks.
(Ord. 28501 Ex. A, 2018-04-10; Subst. Ord. 28986 Ex. G, 2024-11-19)
Except for provisions set forth in Section 9.08.070, Right-of-Way Occupancies adjacent to residential uses are nonconforming and not subject the standards set forth in this chapter. The adjacent property owner continues to be responsible for maintaining the development in a safe manner. If the Director of Planning and Development Services determines the development poses a danger to the general public, such occupancy must be removed. If the occupancy has become a nuisance, it will be subject to enforcement.
(Ord. 28501 Ex. A, 2018-04-10)
An authorized neighborhood and/or business district may apply for a blanket Right-of-Way Occupancy Permit. Such permit would provide an unlimited number of private occupancies (non-commercial in nature) in the right-of-way, if approved. The location and configuration of each right-of-way occupancy must be clearly identified with maps and drawings. Other permits may apply depending on the nature of the street occupancy. Additional street occupancies may be incorporated into the blanket permit at a later date with a new application requesting amendment of the existing permit, together with an updated insurance certificate incorporating the additional use.
(Ord. 28501 Ex. A, 2018-04-10)
When required, application for permits herein provided for shall be filed with the City of Tacoma Planning and Development Services Department. Information required in the application includes:
A. 
An accurate description of the public place or portion thereof desired to be used as herein specified;
B. 
The use desired to be made of such public place by the applicant;
C. 
The plans and specifications for any utility or structure desired to be constructed, erected, or maintained by the applicant in or on a public place; and
D. 
If the request is to construct an areaway, fuel opening, sidewalk elevator or door or other subsurface use of said right-of-way, a certificate of title or other document or indicia of title showing the applicant to be the owner of the premises abutting the public right-of-way where the subsurface use or improvement is to be conducted or constructed.
E. 
If the request is for a surface occupancy of right-of-way located within shoreline segments S-1 through S-12, all further construction and development on such right-of-way shall be subject to Chapter 13.10 TMC and Chapter 90.58 RCW. The compliance with the provisions of Chapter 13.10 may be required prior to the issuance of a permit pursuant to this chapter.
F. 
If the request is a small cell facility, the following information shall be provided:
1. 
Notice shall be published in a newspaper of general circulation once per week, for a minimum period of 30 days, and an affidavit of publication shall be provided at the time of application as proof that the required notice has occurred.
2. 
A letter signed by the applicant stating the facility will comply with all FAA regulations and applicable standards, and all other applicable federal, state, and local laws and regulations.
3. 
A signed statement indicating that such installation, repair, operation, upgrading, maintenance, and removal of antenna(s) by the wireless communication provider shall be lawful and in compliance with all applicable laws, orders, ordinance, and regulations of federal, state, and local authorities having jurisdiction.
4. 
A signed statement that the applicant agrees to remove the facility within one year of abandonment.
5. 
Cover Sheet containing:
a. 
Correct project location.
b. 
Clear project description.
6. 
A Radio-Frequency (RF) report demonstrating compliance with FCC Standards.
7. 
Site Plan, including any new vaults proposed.
8. 
Elevation Sheet showing:
a. 
Location of Node ID sticker (low contrast colors) and RF warning sticker. Show RF warning sticker facing out to the street and near antenna, or away from the street and near antenna if no window within 50 feet.
b. 
Indicate height to top of pole, antenna, top and bottom of equipment enclosures.
c. 
Show any existing or proposed guy wires.
d. 
Show equipment enclosures.
e. 
Show other elements, such as NEMA, PBX, or J boxes, ground bus bars, and base plate mounts.
f. 
Show offset (distance) of equipment cabinets from pole.
9. 
Photo Simulations showing:
a. 
Antenna configuration and cabling and equipment sizes, offsets (cabinets from pole)
b. 
RF warning and node identification stickers, if visible from given perspectives
c. 
Perspectives that provide a true sense of distance to nearest residential windows or primary facades of historic buildings.
(Ord. 21035 § 1, 1977-04-05; Ord. 28501 Ex. A, 2018-04-10; Ord. 28503 Ex. A, 2018-05-01)
The Director of Planning and Development Services, or designee, shall cause each application to be examined to determine if it complies with the provisions of this chapter. Representatives of the City of Tacoma may inspect the premises which are desired to be used to determine whether or not the proposed use conforms with the provisions of this chapter and the regulations pertaining to safety, material, and design of the Tacoma Building Code, Zoning Code, and/or Public Works Design Manual.
If the Director of Planning and Development Services, or designee, determines that the application conforms to the requirements of this chapter, and reviewing City Departments determine that the proposed use of such public place will not unreasonably limit or encroach upon the public’s right to travel upon the right-of way, or the ancillary right to occupy the right-of-way for utility purposes, the Director of Planning and Development Services, or designee, may approve the application. In approving the permit, the City Engineer and/or Director of Planning and Development Services, or their designee, may impose such reasonable conditions as are required to meet the standards set forth in this chapter and to protect the paramount rights-of-way for travel and to protect the safety of the traveling public, and other public purposes.
When related to installation of small cell facilities, applications may be submitted in batches of up to 25 applications at a time. The batches must be limited to one facility design and all on same type of pole (i.e.: light pole, power pole, other).
(Ord. 21035 § 1, 1977-04-05; Ord. 28501 Ex. A, 2018-04-10; Ord. 28503 Ex. A, 2018-05-01)
Small cell facilities must demonstrate compliance with the following development standards:
A. 
Small cell facilities proposed in historic districts must demonstrate compatibility with historic district standards. If approval by the City’s Landmarks Commission is necessary, such approval must be obtained prior to installation.
B. 
Small cell facilities proposed on decorative poles designed for a particular business district or neighborhood district will be evaluated for consistency with the established pole design for that business district.
C. 
Small cell facilities must be located on existing/replacement poles unless it can be demonstrated through engineering that location on an existing/replacement pole is not feasible.
D. 
Small cell facilities shall be limited to one provider on each pole, unless the installations are integrated into the pole design, such as a smart pole.
E. 
When/if the City undergrounds power infrastructure, the small cell facility shall be removed at the expense of the small cell facility provider and shall relocate in compliance with this chapter if in right-of-way, or in compliance with Chapter 13.06 if on private property.
F. 
The Director, or designee, has discretion to approve alternatives to the below standards when:
1. 
The pole owner requires an alternative for safety reasons or;
2. 
An alternative is needed to meet the needs of the cellular network. In this instance, the provider must demonstrate through engineering that the alternative is the minimum necessary to meet the needs to the network. The City reserves the right to require third-party technical review when deemed necessary. The cost of the third-party review shall be borne by the applicant or wireless provider. Specific limitations are noted below.
G. 
Antenna.
1. 
The antenna(s) must be same color as pole to which it is attached.
2. 
Antennas shall be internal to the pole, flush-mounted, in-line top mounted, or offset from pole a minimum of six inches. An offset installation shall utilize a stand-off arm or similar installation.
3. 
When an alternative to Section F.2 above is requested, the antenna(s) may be offset up to, but no more than, 12 inches.
4. 
If utilizing a top-mount, the antenna may not exceed the diameter of the pole or 16 inches, whichever is greater.
5. 
The antenna(s) must not extend more than 10 feet above an existing pole
6. 
If the antenna(s) are mounted on a new pole, the total height of pole and antenna(s) combined may not exceed 45 feet.
H. 
Equipment and cables.
1. 
The equipment must be the same color as the pole to which it is attached.
2. 
Equipment with cooling fans shall not be located within 15 feet of a residential structure and shall not be located in alignment with windows of a residential structure.
3. 
Equipment enclosures must be stacked together and no more than six inches offset from pole. When an alternative offset is requested, the enclosure may be offset up to, but no more than, 12 inches.
4. 
Cables must be located inside the pole or concealed on the outside of the pole through shrouding or painting the same color as pole, whichever will minimize aesthetic impacts to the greatest extent possible.
I. 
New/replacement poles.
1. 
When replacement is necessary, the pole must be replaced by the wireless carrier. If a City pole, the replaced pole shall meet the City’s specifications and will be replaced at the wireless carrier’s cost.
2. 
When installing a new or replacement pole, the pole shall accommodate cables internal to the pole; unless pole owner requires replacement to be a wood pole.
3. 
New poles for sole purpose of supporting Small Cell Facility must not exceed the height limit in Subsection E.4 above.
4. 
Replacement poles may be constructed to the original height. The antenna must not exceed the height limit in Subsection E.3 above.
5. 
If ground-level equipment is proposed, the equipment shall be screened.
a. 
If plantings are removed to accommodate the equipment, plantings shall be replaced.
b. 
If no planting exists, an artistic wrap/skin or other stealth alternatives are acceptable for purpose of blending into streetscape.
(Ord. 28503 Ex. A, 2018-05-01)
If the Director of Planning and Development Services, or designee, determines that there is a probability of expense to the City arising from the applicant’s proposed use of public right-of-way, the applicant shall deposit with the Planning and Development Services a cash deposit. The amount of the cash indemnity deposit shall be determined by the Director of Planning and Development Services, or designee, at the time of approving the application, and shall be governed by the anticipated amount and extent of expense to the City as determined by the Director of Planning and Development Services, or designee. Such indemnity deposit shall be used to pay the cost, plus 15 percent thereof, of inspections, surveys, plans, and other services performed by the City, of:
A. 
Restoring the street;
B. 
Removing any earth or other debris from the street;
C. 
Replacing any utility interrupted or damaged; or completing any work left unfinished;
D. 
Filing an indemnity agreement with the City, if such an agreement is required within the permit; and
E. 
Any other expenses the City may sustain in conjunction with the permitted work. The balance of the cash indemnity deposit, if any, after the foregoing deductions, shall be returned to the applicant. If the indemnity deposit be insufficient, the applicant will be liable for the deficiency. If the Director of Planning and Development Services, or designee, determines that engineering studies must be made prior to the approval of any application for permit, the cost of such study shall be paid for by the applicant, or deducted from his indemnity deposit.
The Director of Planning and Development Services, or designee, may require the applicant to file with the City a surety bond approved as to substance and form by the City Attorney, which bond shall run for the full period of the permit, in a sum to be determined by the Director of Planning and Development Services, or designee, to be an amount commensurate with the subject matter of the permit, and conditioned that the applicant shall faithfully maintain such installation in a safe and secure condition and shall faithfully comply with all the terms of the permit and all the provisions of this and all other ordinances of the City of Tacoma, and shall faithfully perform the removal of, or reimburse the City for, the cost of removing such installation and restoring the right-of-way to the same or better condition as though such installation had not existed, upon the revocation or voluntary termination of the permit.
(Ord. 21035 § 1, 1977-04-05; Ord. 28501 Ex. A, 2018-04-10)
The City of Tacoma may require the applicant to file with the Department of Planning and Development Services, prior to the effective date of any permit, a Commercial and/or Residential General Liability policy using the most current version of the Insurance Services Office form CG001 or the equivalent, issued by a company duly licensed to do business in the state of Washington. The required policy must be in effect for the duration of the permit. Coverages provided by the insurance policy shall include, but shall not be limited to, all of the usual coverages commonly referred to by the insurance industry as:
Operations Liability
Premises/Completed Operations Liability
Owner’s and Contractor’s Protective Liability
Blanket Contractual Liability
In the case of Commercial Insurance, the insurance policy shall: (1) name the City of Tacoma as an additional insured using the most current version of the Insurance Services Office form CG2012; (2) apply as primary insurance and be non-contributory, regardless of any insurance or self-insurance the City may carry; (3) include a “cross-liability” (Separation of Insured) clause; and (4) include limits of protection set by City of Tacoma Risk Management for combined single limit, bodily injury and property damage. It is to be understood and agreed that the permittee's obligation to hold harmless the City from claims for damages arising out of the operations related to the permit shall not be limited to the amount of insurance provided by the permittee. The Permittee shall give notice to the Risk Manager of the City of Tacoma 30 days before the cancellation of said policy. In the case of Commercial Insurance, the applicant must provide a certificate of insurance as evidence of the Commercial General Liability insurance and a copy of the endorsement showing the City of Tacoma as additional insured prior to the effective date of the permit. In the case of Residential Insurance, when required, the homeowner must provide proof of homeowner insurance in the amount of not less than $500,000.00.
(Ord. 21035 § 1, 1977-04-05; Ord. 22857 § 2, 1983-01-18; Ord. 28501 Ex. A, 2018-04-10)
All permits and/or development granted under the provisions of this chapter may, in any case, be revoked by the Director of Planning and Development Services, or designee, upon 30 days’ notice, or without notice in case any such use or occupation shall become dangerous or any structure or obstruction permitted shall become insecure or unsafe, or shall not be constructed, maintained, or used in accordance with the provisions of this chapter. The development shall be removed at the expense of the permittee and/or adjacent property owner.
If any such structure, obstruction, use, or occupancy is not discontinued on notice to do so by the Director of Planning and Development Services, the City may forthwith remove such structure or obstruction from such place, or make such repairs upon such structure or obstruction as may be necessary to render the same secure and safe, at the expense of the permittee or successor, and such expense, together with the cost of its collection, may be collected in the manner provided by law. As an alternative, the City may enforce under Title 8.
(Ord. 21035 § 1, 1977-04-05; Ord. 22865 § 1, 1983-01-18; Ord. 28501 Ex. A, 2018-04-10)
The City Council hereby authorizes the fees for street occupancy permits set forth in the schedule below. Application and renewal fees are established commensurate with the costs of administration involved in the issuance and continuance of the permits. Application and renewal fees do not apply to exempt activities. Use fees are established for certain commercial occupancies of the street rights-of-way, and are payable in addition to the application. Sidewalk cafes are recognized as a special street occupancy that promotes desirable street life that can have favorable economic impact by encouraging visitation to City business districts and result in patronage of its businesses. Because sidewalk cafes are an encouraged use and promote various public benefits, no fee shall be charged for the street occupancy permit fees for sidewalk cafes. In addition:
A. 
Commercial Use Fees will be charged for:
1. 
Above-ground development located in the right-of-way adjacent to commercial uses, including private parking areas, signs, and construction fencing.
2. 
Habitable space located under vaulted sidewalks.
3. 
Underground development located in the right-of-way adjacent to commercial uses, including private utilities (regardless if it is located under a vaulted sidewalk), monitoring wells, soldier beams, tie backs, and soil nails.
B. 
Commercial Use Fees will not be charged for:
1. 
Alternative walkway materials and amenities required by code, such as benches, bike racks and irrigation for vegetation in the right-of-way.
2. 
Development adjacent to single-family and duplex properties.
3. 
Sidewalk Cafes.
Right-of-Way occupancy permit fees shall be collected by the Planning and Development Services Department, and payment of required fees is a condition of the issuance and continuance of any such permit. Commercial Annual Use Fees shall be deposited with Public Works.
RIGHT-OF-WAY OCCUPANCY PERMIT FEES
ADMINISTRATIVE FEES
General Application Fee*
(includes processing, initial inspection, review, document preparation)
$640
Sidewalk Café – Application Fee**
(includes processing, initial inspection, review, document preparation)
No Fee
Annual Renewal Fee
(includes site inspection for compliance, file review, insurance review and application of fee escalators/adjustments as required)
$ 90
* Includes application for small cell facilities, regardless if on City pole or private pole; except application fee may be waived if review is conducted under a work order.
** The elimination of fees is designed to encourage this use, which the City finds promotes economic development and revitalization of its business districts.
GENERAL ANNUAL USE FEES
 
Commercial Occupancy - Exclusive Use
(based on square footage occupied)
10% of Assessed Land Value*
Commercial Occupancy - Non-exclusive Use
(based on square footage occupied)
5% of Assessed Land Value*
Subsurface Use
(based on square footage occupied)
2.5% of Assessed Land Value*
Minimum Annual Commercial Occupancy Fee
(for commercial occupancies, unless exempted herein)
$120
Small Cell Facility when subject to Pole Attachment Agreement**
No Fee
Sidewalk Cafés
(subject to annual renewal fee only – annual permit to be posted onsite)
None
* Assessed Land Value is abstracted from the Pierce County Assessor’s property tax assessment for the entire property excluding improvement (building) value. The land value used is that of the property abutting the street occupancy area except in any case where the assessment of the abutting property is inconsistent with other, comparable properties in the vicinity. In such a case, the City may adjust the assessed value for the purpose of setting fees for street occupancies.
** When locating a new private pole designed solely for small cell facilities, the pole will be subject to the commercial Occupancy General Annual Use Fee.
SPECIFIC USE FEES
Signs – Annual Fee
Commercial
$600
Non-Commercial (directional signs or similar)
$ 75
Monitoring Wells – Annual Fee
One well
$175
Each additional well
$150
Subsurface Structural Supports – One-Time Fee (per location)
Soldier Beams
$700
Soil Nails
$700
Tie-Backs
$700
The use fees shall not apply to street occupancies in the Shoreline Districts until an alternative use fee formula is developed that recognizes the unique characteristics of the non-exclusive parking uses within the rights-of-way of the Shoreline Districts.
(Ord. 22865 § 2, 1983-01-18; Ord. 27451 § 1, 2006-01-03; Ord. 27941 Ex. A, 2010-11-09; Ord. 28301 Ex. A, 2015-06-30; Ord. 28501 Ex. A, 2018-04-10; Ord. 28503 Ex. A, 2018-05-01; Subst. Ord. 28986 Ex. G, 2024-11-19)
Upon approval by the Director of Planning and Development Services, or designee, of an application for the use or occupation of a public right-of-way, the Planning and Development Services Department shall issue a permit therefor. The original permit shall remain in the custody of the Planning and Development Services Department and a copy shall be given to the permittee.
(Ord. 21035 § 1, 1977-04-05; Ord. 28501 Ex. A, 2018-04-10)
Permits issued prior to the adoption of this Ordinance shall remain in force and effect for the term of said permit; provided that, upon the renewal, extension, or reissuance of such permits, they shall conform to the provisions of this chapter.
(Ord. 21035 § 1, 1977-04-05; Ord. 28501 Ex. A, 2018-04-10)