17.61.050 New poles in the rights-of-way for small wireless facilities and installations in a design zone.
A. New poles within the rights-of-way 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 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;
2. The proposed small wireless facility receives approval for a concealment element design, as described in subsection C of this section;
3. The proposed small wireless facility also complies with the Shoreline Management Act, and SEPA, if applicable, and all other state and local laws; and
4. No new poles shall be located in a critical area or associated buffer required by the city’s critical areas management ordinance (Chapter 18.08 GHMC) except when determined to be exempt pursuant to said ordinance.
B. An application for a new pole is subject to a Type 1 review.
C. 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 small wireless facility, including but not limited to fiber and power connections.
1. 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 unless technologically infeasible. 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 on a decorative pole should attempt to mimic the design of such pole and integrate the small wireless facility into the design of the decorative 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. Further, applicant designs should, to the extent technically and technologically possible, comply with the generally applicable design standards adopted pursuant to GHMC 17.61.035.
2. 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 technologically infeasible, or that such deployment would undermine the generally applicable design standards.
D. Even if an alternative location is established pursuant to subsections (A)(1) and (A)(2) of this section 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. 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 small wireless facility is more than 60 feet.
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 of the streetscape. (Ord. 1419 § 3, 2019).