This chapter defines the regulations for placing, developing, permitting and removing all types of wireless communication facilities ("WCF") including macro and small wireless facilities. It also provides adequate siting opportunities by identifying a range of locations and options that support wireless communications technology. This chapter encourages siting facilities on existing buildings or structures, collocating providers on single structures, maintaining neighborhood appearances and reducing visual clutter in the City. Specific purposes include:
(a) 
Minimizing potential adverse visual, aesthetic, and safety impacts of wireless facilities;
(b) 
Establishing objective standards for the placement of wireless facilities;
(c) 
Allowing competition that does not unreasonably discriminate among providers of functionally equivalent services;
(d) 
Encouraging the design of wireless facilities to be aesthetically and architecturally compatible with the surrounding built and natural environments; and
(e) 
Encouraging 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.
(Ord. 1048, Sec. 2 (Att. A), 2019)
(a) 
"Antenna"
means an apparatus designed for emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of personal wireless service and any commingled information services.
(b) 
"Antenna equipment"
means equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna.
(c) 
"Base station"
(this definition only applies to EFM) means 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 or any equipment associated with a tower. Base station includes, without limitation:
(1) 
Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
(2) 
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 cell networks).
(3) 
Any structure other than a tower that, at the time the relevant application is filed with the City of Lake Stevens under this section, supports or houses equipment described in subsections (c)(1) and (c)(2) of this section 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. The term does not include any structure that, at the time the relevant application is filed with the City of Lake Stevens under this section, does not support or house equipment described in subsections (c)(1) and (c)(2) of this section.
(d) 
"Collocation"
means mounting or installing an antenna facility on a preexisting structure, and/or modifying a structure for mounting or installing an antenna facility on that structure. Provided, that, for purposes of eligible facilities requests, "collocation" means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
(e) 
"Electromagnetic field" or "EMF"
means the field produced by the operation of equipment used in transmitting and receiving radio frequency signals.
(f) 
"Eligible facilities request"
means 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:
(1) 
Collocation of new transmission equipment;
(2) 
Removal of transmission equipment; or
(3) 
Replacement of transmission equipment.
(g) 
"Eligible support structure"
means any tower or base station as defined in this section, if it is existing at the time the relevant application is filed with the City of Lake Stevens under this section.
(h) 
"Equipment facility"
means any structure used to house electronic equipment, cooling systems and back-up power systems associated with a WCF, including shelters, enclosures, cabinets and other similar structures.
(i) 
Existing.
(This definition only applies to EFM.) A constructed tower or base station is "existing" for purposes of this chapter 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 because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this chapter.
(j) 
"Macro facility"
means a large wireless communication facility that provides radio frequency coverage for a cellular telephone network. Generally, macro cell antennas are mounted on ground-based towers, rooftops and other existing structures, at a height that provides a clear view over the surrounding buildings and terrain. Macro cell facilities typically contain antennas that are greater than three cubic feet per antenna and typically cover large geographic areas with relatively high capacity and may be capable of hosting multiple wireless service providers.
(k) 
"Site,"
for towers other than towers in the public rights-of-way, means the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.
(l) 
"Small wireless facilities"
are wireless communication facilities that meet each of the following conditions:
(1) 
The facilities (i) are mounted on structures 50 feet or less in height including their antennas, (ii) are mounted on structures no more than 10 percent taller than other adjacent structures, or (iii) do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater;
(2) 
Each antenna associated with the deployment, excluding associated antenna equipment (as defined above), is no more than three cubic feet in volume; and
(3) 
All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume.
(m) 
"Structure"
means a pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or commingled with other types of services).
(n) 
Substantial Change.
(This definition only applies to EFM.) A modification "substantially changes" the physical dimensions of an eligible support structure if it meets any of the following criteria:
(1) 
For towers, other than towers in the public rights-of-way, it increases the height of the tower by more than 10 percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10 percent or more than 10 feet, whichever is greater;
(2) 
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 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 feet;
(3) 
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 preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10 percent larger in height or overall volume than any other ground cabinets associated with the structure;
(4) 
It entails any excavation or deployment outside the current site;
(5) 
It would defeat the concealment elements of the eligible support structure; or
(6) 
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 noncompliant only in a manner that would not exceed the thresholds identified under the definition of "substantial change" in this section.
(o) 
"Tower"
means 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 fixed wireless services such as microwave backhaul, and the associated site.
(p) 
"Transmission equipment"
means 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.
(q) 
"Unified enclosure"
means a small wireless facility providing concealment of antennas and equipment within a single enclosure.
(r) 
"Utility pole"
means a structure designed and used primarily for the support of electrical wires, telephone wires, television cable, traffic signals, or lighting for streets, parking areas, or pedestrian paths.
(s) 
"Wireless communication facility" or "WCF"
means an unstaffed facility for the transmission and/or reception of radio frequency, microwave or other signals for wireless service purposes, including and typically consisting of antennas, equipment shelters or cabinet, transmission cables, a support structure required to achieve the necessary elevation, and reception and transmission devices and antennas.
(t) 
Wireless Communication Tower.
See definition for "tower" in this chapter.
(u) 
"Wireless services"
means mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by Federal laws and regulations.
(Ord. 1048, Sec. 2 (Att. A), 2019)
(a) 
Wireless communication facilities shall not be considered nor regulated as essential public facilities.
(b) 
Small wireless facilities located outside of the public rights-of-way may be either a primary or a secondary use. 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 public right-of-way pursuant to a valid franchise are outright permitted uses in every zone of the City but still require a land use and right-of-way permit.
(Ord. 1048, Sec. 2 (Att. A), 2019)
A land use permit per Table 14.40-I, Table of Permissible Uses by Zones, is required in addition to a building permit for the location, installation or construction of any wireless communication facility (WCF) and for any modification to an existing WCF.
(Ord. 1048, Sec. 2 (Att. A), 2019)
The City shall make every reasonable effort to comply with the requirements of 47 CFR 1.6003 and the presumptively reasonable time periods for review established therein and identified in the table below:
Table 14.62.050A Wireless Communication Facility Permit Process/Processing Timelines
Facility Typei
Permit Type
Time Frame for Review (commences at submittal)
Days to Determine Application Completeness
Eligible Facility Modification (EFM)
Type I
60 days
30 daysii
Small Wireless Facility on Existing Structure
Type I
60 days
10 daysiii
Small Wireless Facility on New Structure
Type II
90 days
10 days
Macro Wireless Communication Facility Collocation
Type II
90 days
30 days
Macro Wireless Communication Facility - Noncollocation (e.g., new tower, pole, structure)
Type III
150 days
30 days
Notes:
i. See definitions in this chapter for facility types (Section 14.62.020).
ii. See Section 14.62.080.
iii. See Section 14.62.080.
(Ord. 1048, Sec. 2 (Att. A), 2019)
The following antennas and related facilities are expressly excluded from the provisions of this chapter:
(a) 
Ham or amateur radio vertical tower antennas and related facilities.
(b) 
Television and satellite dish antennas.
(c) 
Antennas located wholly within another structure and not visible from the outside.
(d) 
Emergency communications equipment during a declared public emergency.
(e) 
A temporary wireless facility installed for providing coverage of a special event such as a fair, news coverage or sporting event. The wireless facility shall be exempt from the provisions of this chapter for up to two weeks before and after the duration of the special event.
(f) 
A temporary wireless facility installed for a period of 180 days, subject to renewals at the City's discretion, to provide service during repair, replacement, or relocation of an existing facility or construction of a new facility.
(Ord. 1048, Sec. 2 (Att. A), 2019)
(a) 
This section sets forth the submittal requirements for all wireless communication facilities (WCF) including eligible facilities modifications (EFM) and small wireless facilities. The listed submittal requirements are necessary to ensure that the City has all information and documentation to determine if the proposal will meet regulations or if a proposed facility modification will substantially change the physical dimensions of an eligible support structure. The submittal requirements are not intended to establish the need for the proposed WCF or modifications or to justify the business decision to propose such modifications.
(b) 
Submittal Requirements. No WCF or EFM application shall be deemed complete unless it is in writing; accompanied by the appropriate application and review fee; includes the required submittals; and attested to by the authorized person certifying the truth and accuracy of the information provided in the application. The application shall include the following submittals, unless waived by the Director:
(1) 
Contact information for the authorized person;
(2) 
Contact information for the applicant;
(3) 
Ownership information (if the proposal is not within public right-of-way);
(4) 
Specific locational information including GIS coordinates of all proposed WCF;
(5) 
Whether and where wireless facilities are to be located on existing utility poles, towers, buildings or other structures;
(6) 
Whether the deployment will utilize replacement utility poles, new poles, towers, and/or other structures and where such replacement will take place;
(7) 
Detailed schematics and visual renderings of the facilities including engineering and design standards;
(8) 
Conduit and/or ground-mounted equipment necessary for and intended for use in the deployment shall also be specified regardless of whether these facilities are constructed by the applicant or leased from an infrastructure provider;
(9) 
A site/landscaping plan showing the specific placement of the WCF on the site; showing the location of existing structures, trees and other significant site features; and indicating type and locations of plant materials used to screen WCF components;
(10) 
Documentation verifying that the proposed WCF complies with any applicable regulations and specifications in accordance with the Federal Aviation Administration (FAA);
(11) 
If applicable, documentation that demonstrates that there is a licensed provider of wireless services contractually committed to using the proposed WCF to provide wireless services;
(12) 
Property owner signed notarized statement regarding abandonment. The statement shall affirm the following:
(i) 
The signee is the owner; and
(ii) 
The signee understands that if the use is abandoned the tower must be removed within one year; and
(iii) 
If the City acts to enforce Section 14.62.180(o), the property owner, heirs or successors are ultimately responsible for the removal;
(13) 
Certification of an RF engineer regarding FCC electromagnetic field compliance;
(14) 
Waiver of Submittal Requirement. The Director or designee may waive any submittal requirement upon determination that the required submittal, or part thereof, is not reasonably related to the proposed WCF or substantial change criteria related to an EFM. A waiver, to be effective, must include written approval by the Director or designee;
(15) 
When Received. An WCF or EFM application, and any supplemental submittals, shall be deemed received by the City upon the date such application or supplemental submittal is filed with the Planning and Community Development Department. An application must be accompanied by the applicable permit review fee(s). Any application received by the City without contemporaneous payment, or deposit, of the applicable permit review fees will be rejected.
(c) 
Additional Submittal Requirements for EFMs.
(1) 
An assertion that the proposed facilities modification is subject to review under Section 6409 of the Spectrum Act;
(2) 
If the applicant is not the owner or person in control of the eligible support structure and/or site, the applicant must provide verification that the owner or person in control of the eligible support structure and/or site has consented to the proposed facilities modification. If the eligible support structure is in a public right-of-way, the applicant must also attest that applicant has authorization to install, maintain and operate transmission equipment in, under and above the public right-of-way;
(3) 
If the applicant proposes a modification that will result in an increase in height of the eligible support structure: record drawings, as-built plans, or the equivalent, showing the height of the eligible support structure as originally constructed and granted approval by the City or other applicable regulatory authority; or most recent modification approval;
(4) 
If the applicant proposes a modification to an eligible support structure, which is subject to preexisting, conditions, restrictions or requirements, the applicant must provide a copy of the document (e.g., CUP) setting forth the restrictions or requirements and describe how the proposed modification conforms to the original restrictions or requirements;
(5) 
If the applicant proposes a modification to an eligible support structure that is subject to preexisting concealment restrictions or requirements the applicant shall continue to meet concealment elements as currently required or conditioned;
(6) 
If the applicant proposes a modification that will protrude from the edge of a nontower eligible support structure, the applicant must provide as-built plans or equivalent showing at a minimum the edge of the eligible support structure at the location of the proposed modification;
(7) 
If the applicant proposes a modification to the eligible support structure that includes hardening through structural enhancements, the applicant must provide a technical report by a qualified engineer demonstrating that the structural enhancement is performed in connection with and is necessary to support the proposed collocation, removal, or replacement of transmission equipment. The City may retain the services of an independent technical expert to review, evaluate, and provide an opinion regarding the applicant's demonstration of necessity;
(8) 
If the applicant proposes a modification to a tower or base station, the applicant must provide a stamped report by a professional engineer demonstrating that the tower with the proposed modifications will comply with applicable structural, electrical and safety codes, for the applicable zone in which the tower is located, and describe the general structural capacity of the tower with the proposed modifications, including:
(i) 
The number and type of antennas that can be accommodated;
(ii) 
The basis for the calculation of capacity; and
(iii) 
The City may retain the services of an independent technical expert to review, evaluate, and provide an opinion regarding the applicant's demonstration of compliance;
(9) 
If the applicant proposes a modification requiring alteration to the eligible support structure, excavation, installation of new equipment cabinets, or any other activities impacting or altering the land, existing structures, fencing, or landscaping on the site: a detailed site plan and drawings, showing the true north point, a graphic scale and, drawn to an appropriate decimal scale, indicating and depicting:
(i) 
The location, elevation and dimensions of the existing eligible support structure;
(ii) 
The location, elevation and dimensions of the existing transmission equipment;
(iii) 
The location, elevation and dimensions of the transmission equipment, if any, proposed to be collocated or that will replace existing transmission equipment;
(iv) 
The location, elevation and dimensions of any proposed new equipment cabinets and the intended use of each;
(v) 
Any proposed modification to the eligible support structure;
(vi) 
The location of existing structures on the site, including fencing, screening, trees, and other significant site features; and
(vii) 
The location of any areas where excavation is proposed showing the elevations, depths, and width of the proposed excavation and materials and dimensions of the equipment to be placed in the area excavated.
(d) 
Additional Submittal Requirements for Small Wireless Facilities.
(1) 
The location of overhead and underground public utility, telecommunication, cable, water, sewer drainage and other lines and equipment in the rights-of-way within 50 feet from the proposed site.
(2) 
The specific trees, structures, facilities, lines and equipment, and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate and a landscape plan for protecting, trimming, removing, replacing, and restoring any trees or areas to be disturbed during construction.
(3) 
All existing and proposed improvements related to the proposed location, including but not limited to poles, driveways, ADA ramps, equipment cabinets, street trees and structures within 50 feet from the proposed site.
(4) 
The construction drawings shall also include the applicant's plan for electric and fiber utilities, all conduits, cables, wires, handholes, junctions, meters, disconnect switches and any other ancillary equipment or construction necessary to construct the small cell facility, to the extent to which the applicant is responsible for installing such electric and fiber utilities, conduits, cables, and related improvements. Where another party is responsible for installing such electric and fiber utilities, conduits, cables, and related improvements, applicant's construction drawings will include such utilities to the extent known at the time of application, but at a minimum the applicant must indicate how it expects to obtain fiber and electric service to the small cell facility.
(5) 
If the site location includes a new light pole, then the applicant must submit a photometric analysis of the roadway and sidewalk 150 feet upstream and downstream of the existing light.
(6) 
Compliance with the aesthetic requirements of Section 14.62.260.
(Ord. 1048, Sec. 2 (Att. A), 2019; Ord. 1179, Sec. 18, 2024)
(a) 
The grantee of any permit shall comply with all the requirements within the small wireless permit.
(b) 
Small wireless facilities installation will require a small wireless facility permit and a right-of-way permit if any construction or construction activities will occur within City right-of-way.
(c) 
Post-Construction As-Builts. Within 30 days after construction of the small wireless facility, the proponent or successor shall provide the City with as-builts of the pole and small wireless facilities demonstrating compliance with the permit and site photographs.
(d) 
Permit Time Limit. Construction of the small wireless facility must be completed within six months after the approval date by the City. The grantee may request one extension to be limited to six months, if the applicant cannot construct the small wireless facility within the original six-month period.
(e) 
Site Safety and Maintenance. The grantee must maintain the small wireless facilities in safe and working condition. The grantee shall be responsible for the removal of any graffiti or other vandalism and shall keep the site neat and orderly, including but not limited to following any maintenance or modifications on the site.
(Ord. 1048, Sec. 2 (Att. A), 2019)
(a) 
All WCF shall be operated in compliance with Federal standards for EMF emissions.
(b) 
Radio Frequency (RF) Certification.
(1) 
The applicant shall submit an RF certification signed by an RF engineer with knowledge of the proposed project affirming that the WCF deployment will be compliant with all FCC and other governmental regulations in connection with human exposure to radio frequency emissions for every frequency at which the WCF and any associated wireless backhaul will operate.
(2) 
An existing franchisee applying for a right-of-way permit for small wireless facility shall provide an RF certification for all facilities included in the deployment which are to be installed by the franchisee.
(3) 
If facilities which produce RF radiation are necessary to the WCF deployment and will be provided by another franchisee, then the WCF deployment in the initial franchise or in a subsequent right-of-way permit shall be conditioned on an RF certification showing that the cumulative impact of the RF emissions from the entire installation meets Federal requirements.
(Ord. 1048, Sec. 2 (Att. A), 2019)
The Planning and Community Development Director, or designee, shall enforce the provisions of this chapter under the code enforcement provisions of the Lake Stevens Municipal Code.
(Ord. 1048, Sec. 2 (Att. A), 2019)
Nothing herein is intended or shall operate to waive or limit the City's right to enforce, or condition approval on, compliance with generally applicable building, structural, electrical, and safety codes and with other laws codifying objective standards reasonably related to health and safety.
(Ord. 1048, Sec. 2 (Att. A), 2019)
(a) 
These provisions shall be interpreted and applied to comply with the provisions of Federal law. By way of illustration and not limitation, any small wireless 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 based on RF radiation concerns.
(b) 
Wireless communication facilities shall be subject to the requirements of this chapter to the extent that such requirements (1) do not unreasonably discriminate among providers of functionally equivalent services, and (2) do not have the effect of prohibiting wireless services within the City.
(Ord. 1048, Sec. 2 (Att. A), 2019)