The purpose of this part is to set out regulations related to the deployment of macro wireless communication facilities (WCF), including new towers and antennas throughout the City.
(Ord. 1048, Sec. 2 (Att. A), 2019)
New macro WCF that are placed on a new tower or new structure shall be processed as a Type II or III review/conditional use permit consistent with Table 14.40-I and the procedures in Chapter 14.16B. Collocation of new macro WCF that do not qualify as an eligible facility modification under Part III of this chapter shall be processed as a Type II review/administrative conditional use permit consistent with the procedures in Chapter 14.16B.
(Ord. 1048, Sec. 2 (Att. A), 2019)
(a) 
Construction or installation of the WCF must commence within one year from the date of the permit, with opportunity for a one-year extension; otherwise, the permit shall be revoked without further action of the City and the rights and privileges appurtenant to the permit shall be void;
(b) 
Permittee shall allow collocation of proposed WCF on the permittee's site, unless the permittee establishes to the City's satisfaction that collocation will technically impair the existing permitted use(s) to a substantial degree;
(c) 
Permittee shall maintain the WCF in a state of good repair and to maintain or replace, if necessary, vegetation and landscaping required as a condition of approving the permit;
(d) 
Permittee shall notify the City of any sale, transfer, assignment of a site or WCF within 60 days of such event; and
(e) 
Permittee shall comply with the provisions of this title and all other applicable City ordinances and rules and regulations.
(Ord. 1048, Sec. 2 (Att. A), 2019)
The following sites are prioritized in order of preference for locating proposed macro WCF and permits shall be issued so that WCF will be located on the highest priority site feasible:
(a) 
Collocation on a tower or structure with other existing WCF.
(b) 
Collocation on public buildings and structures located in nonresidential zones.
(c) 
Collocation on buildings and structures in industrial, commercial and business zones.
(d) 
Collocation on buildings and structures in residential zones not used entirely for residential uses; provided, that WCF will not be sited on vacant residential lots.
(e) 
New tower or structure built for the WCF.
(Ord. 1048, Sec. 2 (Att. A), 2019)
All macro WCFs shall be constructed or installed per the following development standards:
(a) 
WCF must comply with applicable Federal Communications Commission (FCC), Federal Aviation Administration (FAA), State, and City regulations and standards.
(b) 
A freestanding WCF shall not be allowed whenever an existing structure can meet technical and network location requirements.
(c) 
No WCF tower may be located within 1,000 feet of an existing or previously approved tower, unless deemed an effective prohibition and the applicant demonstrates that collocation on such previously approved tower is not feasible.
(d) 
No WCF tower may be located within 1,000 feet of the shoreline of Lake Stevens.
(e) 
All new WCF towers shall be designed to reasonably accommodate future installation of a second array.
(f) 
Speculative WCF are prohibited. As part of the land use permit process, the applicant shall demonstrate that there is a licensed provider of wireless services contractually committed to using the proposed WCF to provide wireless services or if the applicant is a licensed provider of wireless services then the applicant shall provide an anticipated date of operation.
(g) 
Antennas shall be located, mounted and designed so that visual and aesthetic impacts upon surrounding land uses and structures are minimized, and so that they blend into the existing environment.
(h) 
WCF must be screened or camouflaged employing the best available technology, such as compatible materials, location, color, and/or hollow flagpoles, and other tactics to minimize visibility of the facility from public streets and residential properties.
(i) 
A freestanding WCF shall comply with all required setbacks of the zoning district in which it is located, unless it is located within the public right-of-way.
(j) 
WCF shall be designed and placed or installed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures by:
(1) 
Using existing site features to screen the WCF from prevalent views; and
(2) 
Using existing site features as a background in a way that the WCF blends into the background.
(k) 
Screening of the base of the WCF, including any security fences and equipment cabinets, shall be done in a manner as to blend into the site so as the screening does not call undue attention itself.
(l) 
A WCF shall be painted either in a nonreflective color or in a color scheme appropriate to the background against which the WCF would be viewed from most points within its viewshed, and in either case the color must be approved by the City as part of permit approval.
(m) 
Equipment facilities shall be placed underground if applicable, or, if above ground, shall:
(1) 
Be screened from any street and adjacent property with fencing, walls, landscaping, structures or topography or a combination thereof.
(n) 
As a condition of permit approval, the City may require the applicant to supplement existing trees and mature vegetation to screen the facility.
(o) 
Should the WCF be abandoned or cease functioning for a period of one year, the tower shall be removed from the site. At the time of application, a signed statement from the property owner shall be provided to the City and recorded against the property which affirms that:
(1) 
The signee is the property owner; and
(2) 
He or she understands that if the use is abandoned the WCF must be removed within one year; and
(3) 
If the City acts to enforce this rule, the property owner, heirs or successors are ultimately responsible for the removal.
(p) 
Security fencing shall:
(1) 
Not exceed eight feet in height;
(2) 
Be screened from view using appropriate landscaping materials; and
(3) 
If it is a chain-link fence, be camouflaged with appropriate techniques and painted or coated with a nonreflective color.
(Ord. 1048, Sec. 2 (Att. A), 2019)