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A. New poles for small wireless facilities in the right-of-way, for placement on a pedestrian pole, or for deployments in the design zones are only permitted if the applicant can establish that:

1. The proposed small wireless 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 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;

2. The proposed small wireless facility complies with the applicable requirements of LMC 18A.95.230(F).

3. The proposed small wireless facility receives approval for a concealment element design, as described in subsection (C) of this section;

4. The proposed small wireless facility also complies with Shoreline Management Act and SEPA, if applicable; and

5. No new poles shall be located in a critical area or associated buffer required by LMC Title 14, except when determined to be exempt pursuant to LMC Title 14.

B. An application for a new pole in the right-of-way of for installation on a pedestrian pole or in a design zone is subject to review and approval by the Director.

C. The concealment element design shall include the design of the screening, fencing or other concealment technology for a pole or equipment structure, and all related transmission equipment or facilities associated with the proposed small wireless facility, including but not limited to fiber and power connections.

1. If the applicant desires to place the small wireless facility on a pedestrian pole, and the City has created a small wireless facility standard for such type of pedestrian pole in the Standard Specification and Details, then the applicant is encouraged to first consider using the pedestrian pole design adopted for small wireless facilities from the Standard Specification and Details. The applicant, upon a showing that using the standard pedestrian pole design is either technically or physically infeasible, or that a modified pole design will not comply with the City’s ADA, or sidewalk clearance requirements and/or would violate electrical or other safety standards, may deviate from the adopted standard pedestrian pole design and propose a concealment element design consistent with subsection (C)(2) of this section.

2. The concealment element design should seek to minimize the visual obtrusiveness of the small wireless facility. The proposed pole or structure should have similar designs to existing neighboring poles in the rights-of-way, including similar height to the extent technically feasible. If the proposed small wireless facility is placed on a replacement pole in a design zone, then the replacement pole shall be of the same general design as the pole it is replacing, unless the Development Services Department otherwise approves a variation due to aesthetic or safety concerns. Any concealment element design for a small wireless facility should attempt to mimic the design of such pole and integrate the small wireless facility into the design of the pole. 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.

3. In situations where interior concealment is not possible for the equipment enclosures, the equipment enclosures shall be concealed in underground vaults, if either telecommunication or electrical utilities are underground. If this is not technologically feasible, or other telecommunication or electrical utilities are not underground, equipment cabinets shall next be located in dual use street furniture conforming to the design district’s adopted standards such as a refuse container or street bench which incorporates an equipment enclosure. If use of dual purpose street furniture is not technically feasible, the equipment enclosure shall be mounted as described in the relevant subsection of LMC 18A.95.230.

4. If the Director has already approved a concealment element design either for the applicant or another small wireless 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 technically feasible, or that such deployment would undermine the generally applicable design standards.

D. Even if an alternative location is established pursuant to LMC 18A.95.170(E)(4), the Director 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.

E. Meters and Fiber Optic Connections.

1. Independent Power and Communication Sources Required. Small wireless facilities located on City-owned wireless support structures may not use the same power or communication source providing power and/or communication for the existing facility original to the purposes of the support structure. The independent power source must be contained within a separate conduit inside the support structure. The applicant shall coordinate, establish, maintain and pay for all power and communication connections with private utilities.

2. A line drop (no electrical meter enclosure) shall be utilized whenever possible. If this is not possible, use the narrowest electrical meter and disconnect available.

F. 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. The requirement also applies to the placement of replacement poles when the replacement is necessary for the installation or attachment of the small wireless facility, the replacement structure is higher than the replaced structure, and the overall height of the replacement structure and the wireless facility is more than sixty (60) feet.

G. 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 or otherwise have the effect of prohibiting wireless service, alternative forms of concealment or deployment may be permitted which provide similar or greater protections of the streetscape. [Ord. 726 § 2 (Exh. B), 2019.]