HomeMy WebLinkAboutORD 59501
CITY OF RENTON, WASHINGTON
ORDINANCE NO. 5950
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
4‐4‐140 OF THE RENTON MUNICIPAL CODE, ADDING TEMPORARY WIRELESS
COMMUNICATIONS FACILITIES STANDARDS, ADDING A DEFINITION OF
“WIRELESS COMMUNICATION FACILITY, TEMPORARY,” CLEANING UP
FORMATTING, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, pursuant to RCW 36.70A.106, on May 10, 2019, the City notified the State of
Washington of its intent to adopt amendments to its development regulations; and
WHEREAS, the Planning Commission held a public hearing on June 19, 2019, considered
all relevant matters, and heard all parties in support or opposition, and subsequently forwarded
a recommendation to the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits remain in effect and unchanged.
SECTION II. Section 4‐4‐140 of the Renton Municipal Code is amended as follows:
4‐4‐140 WIRELESS COMMUNICATION FACILITIES:
A. PURPOSE:
The purposes of this Section are to:
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1. Provide a variety of locations and options for wireless communication
providers while minimizing the visual impacts associated with wireless
communication facilities;
2. Encourage creative approaches in locating and designing wireless
communication facilities that blend in with the surroundings of such facilities;
3. Provide standards that comply with the Telecommunications Act of 1996
(“the Telecommunications Act”); the provisions of this Section are not intended
to and shall not be interpreted to prohibit or have the effect of prohibiting
personal wireless services as defined in the Telecommunications Act; and
4. Administer the provisions of this Section in such a manner as to not
unreasonably discriminate between providers of functionally equivalent personal
wireless services, as defined in the Telecommunications Act.
B. GOALS:
1. Commercial Wireless Facilities:
a. Encourage the location of towers in nonresidential areas and
minimize the total number of towers throughout the community;
b. Encourage the joint‐use of new and existing towers;
c. Encourage users of towers and antennas to locate them, to the
extent feasible, in areas where the visual impact on the community is significantly
minimized;
d. Encourage users of towers and antennas to configure them in a way
that minimizes the visual impact of the towers and antennas; and
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e. Enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively, and efficiently.
2. Amateur Radio Antennas: The goals of this Section are to ensure the
interests of neighboring property owners are considered while reasonably
accommodating amateur radio communications so as to comply with applicable
Federal law. These regulations are not intended to preclude amateur radio
communications.
C. APPLICABILITY AND AUTHORITY:
No person shall place, construct, reconstruct or modify a wireless
communication facility within the City without an Administrator issued permit,
except as provided by this Title or chapter 5‐19 RMC, and a Building Official issued
permit. The Administrator shall have discretion to approve or deny elements of a
WCF where standards provide flexibility or subjectivity; the same discretion is
given to the Hearing Examiner for applications requiring a public hearing.
D. COLLOCATION REQUIRED:
1. Evaluation of Existing Support Structures: With the exception of
support structures to facilitate the deployment of small cell facilities, no new
support structure shall be permitted unless the applicant demonstrates to the
Administrator’s satisfaction that no existing tower or support structure can
accommodate the applicant’s proposed WCF. Evidence submitted to demonstrate
that an existing tower or structure cannot accommodate the applicant’s proposed
antenna may consist of any of the following:
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a. No existing towers or structures are located within the geographic
area required to meet the applicant’s engineering requirements.
b. Existing towers or structures are not of sufficient height to meet the
applicant’s engineering requirements.
c. Existing towers or structures do not have sufficient structural
strength to support the applicant’s proposed antenna and related equipment.
d. The applicant’s proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures, or the antenna
on the existing towers or structures would cause interference with the applicant’s
proposed antenna.
e. The fees, costs, or contractual provisions required by the owner in
order to share an existing tower or structure or to adapt an existing tower or
structure for sharing are unreasonable. Costs exceeding new tower development
are presumed to be unreasonable.
f. The applicant demonstrates that there are other limiting factors that
render existing towers and structures unsuitable.
2. Cooperation of Providers in Collocation Efforts: With the exception of
support structures deploying small cell facilities, a permittee shall cooperate with
other providers in collocating additional antennas on support structures, provided
the proposed collocators have received a building permit for such use at the site
from the City. A permittee shall exercise good faith in collocating with other
providers and sharing the permitted site, provided such shared use does not give
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rise to a substantial technical level of impairment of the ability to provide the
permitted use (i.e., a significant interference in broadcast or reception capabilities
as opposed to a competitive conflict or financial burden). Such good faith shall
include sharing technical information to evaluate the feasibility of collocation. In
the event a dispute arises as to whether a permittee has exercised good faith in
accommodating other users, the City may require a third‐party technical study at
the expense of either or both the applicant and permittee.
3. Reasonable Efforts: All applicants shall demonstrate reasonable efforts
in developing a collocation alternative for their proposal.
E. ALTERATION OF EXISTING WIRELESS COMMUNICATION FACILITY (WCF)
SUPPORT STRUCTURES:
1. Minor Alteration: A proposed collocation and/or modification to a
lawfully existing WCF support structure that does not substantially change the
physical dimensions of the WCF shall be a minor alteration and exempt from
conditional use permit requirements. A minor alteration is an eligible facilities
request as that term is used pursuant to Section 6409(a) of the Spectrum Act and
its implementing regulations. A modification substantially changes the physical
dimensions of an eligible support structure if it meets any of the following criteria:
a. Height: For towers other than towers in the public rights‐of‐way, it
increases the height of the tower by more than ten percent (10%), or by the height
of one (1) additional antenna array with separation from the nearest existing
antenna not to exceed twenty feet (20'), whichever is greater; for other eligible
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support structures, it increases the height of the structure by more than ten
percent (10%) or more than ten feet (10'), whichever is greater;
b. Width: 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 twenty feet (20'), 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 (6').
c. Equipment Cabinets:
i. 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 (4) cabinets; and
ii. 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 involves installation
of ground cabinets that are more than ten percent (10%) larger in height or overall
volume than any other ground cabinets associated with the structure;
d. Excavation: It entails any excavation or deployment outside the
current site;
e. Concealment: It would defeat the concealment elements of the
eligible support structure; or
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f. Entitlement: 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 in subsections E1a through d of this Section.
2. Major Alteration: Any change that is not a minor alteration is a major
alteration.
3. Original Dimensions: An increase in height and/or width of a WCF due
to a collocation and/or modification shall be measured against the dimensions of
the original support structure in cases where deployments are or will be separated
horizontally, such as on buildings’ rooftops; in other circumstances, changes in
height should be measured from the dimensions of the tower or base station,
inclusive of originally approved appurtenances and any modifications that were
approved prior to the passage of the Spectrum Act.
4. Review Time Period: Requests for minor alterations, as described in this
subsection, shall be reviewed for completeness and approval or denial within sixty
(60) days.
F. STANDARDS AND REQUIREMENTS FOR ALL TYPES OF WIRELESS
COMMUNICATIONS FACILITIES:
1. Equipment Shelters/Cabinets:
a. Location: Except for equipment related to small cell facilities and
temporary wireless communication facilities, equipment shelters and cabinets
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used to house related equipment should be located within buildings or placed
underground, unless it is infeasible. However, in those cases where it can be
demonstrated by the applicant that the equipment cannot be located in buildings
or underground, equipment shelters or cabinets shall be screened to the
Administrator’s satisfaction.
b. Screening: Equipment shelters and cabinets for all facilities other
than small cell facilities and temporary wireless communication facilities, shall be
surrounded by a fifteen‐foot (15') wide sight‐obscuring landscape buffer along the
outside perimeter of required security fencing with a minimum height that is no
less than the height of the compound fence at any point; however, existing
topography, vegetation and other site characteristics may provide relief from the
screening requirement. The required landscaped areas shall include an automated
irrigation system, unless the applicant is able to justify an exception to this
requirement to the Administrator’s satisfaction. Related equipment facilities
located on the roof of any building need not be landscaped but shall be screened
on all sides in a manner that complements and blends with the surroundings so as
to be shielded from view. Related equipment facilities shall not be enclosed with
exposed metal surfaces. Equipment shelters and cabinets for small cell facilities
shall be concealed in accordance with subsection J of this Section.
c. Size: Except for equipment related to temporary wireless
communication facilities, Tthe applicant shall provide documentation that the size
of any equipment shelters or cabinets is the minimum necessary to meet the
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provider’s service needs, and meets any size requirements of this Code. The area
of the compound may be greater than is necessary in order to accommodate
future collocations, but the area reserved for future equipment shelters/cabinets
shall be the minimum necessary for the documented WCF capacity.
d. Generators: Except for temporary wireless facilities, the following
standards apply to generators powering all types of wireless communication
facilities:
i. Architectural integration is required (if applicable).
ii. To the extent feasible, generators shall be enclosed along with
the related equipment. Similar to equipment shelters, the screening for the
generator shall utilize similar building materials, colors, accents, and textures as
the primary building; if no buildings exist on site, ensure that the building is
designed to blend in with the environment.
iii. A screening wall and/or landscaping material shall be required
to mitigate visual impacts.
iv. Fences shall be constructed of materials that complement and
blend in with the surroundings.
v. Anti‐graffiti finish shall be applied to all solid fences, walls, and
gates.
vi. A noise analysis shall be required to demonstrate that the
generator will operate within allowed noise limits if the generator is the sole
power source.
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2. Maximum Height: All wireless communication facilities shall comply
with RMC 4‐3‐020, Airport Related Height and Use Restrictions. In addition, all
wireless communication facilities shall comply with the height limitation of the
applicable zoning district, except as follows:
a. Monopole I: Less than sixty feet (60') for all zones. Antennas may
extend sixteen feet (16') above the monopole I support structure.
b. Monopole II: No more than thirty five feet (35') higher than the
maximum height for the applicable zoning district, or one hundred fifty feet (150'),
whichever is less. Antennas may extend sixteen feet (16') above the monopole II
support structure.
c. Stealth Towers: The maximum allowed height of a stealth tower
shall be one hundred fifty feet (150'); however, the allowed height for a specific
type of stealth facility shall be determined through the Conditional Use Permit
review process and the standards of this Section.
d. Rooftop WCF: Concealed and/or camouflaged WCFs erected on a
rooftop may extend up to sixteen feet (16') above the allowed zone height.
e. Utility Poles:
i. Proposed replacement utility poles, for the purpose of siting
wireless communication facilities other than small cell facilities, shall be no more
than twenty feet (20') taller than adjacent utility poles;
ii. Utility poles used for the siting of wireless communication
facilities other than small cells on residentially zoned private property shall be no
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taller than forty‐five feet (45'), unless those poles are transmission utility poles, in
which case the proposed replacement utility pole cannot be more than twenty
feet (20') taller than the existing pole;
iii. Small cell facility deployments on existing and replacement
utility poles shall be regulated in accordance with subsection J of this Section.
3. Visual Impact: Site location and development shall preserve the pre‐
existing character of the surrounding buildings and landscape to the extent
consistent with the function of the communications equipment. Towers shall be
integrated through location and design to blend in with the existing characteristics
of the site to the extent practical. Existing on‐site vegetation shall be preserved or
improved, and disturbance of the existing topography shall be minimized, unless
such disturbance would result in less adverse visual impact to the surrounding
area. Towers, antennas and related equipment shall be uniformly painted a
nonreflective neutral color that best matches the colors within the immediately
surrounding built and natural landscape in order to reduce the contrast between
the WCF and the landscape.
4. Setbacks: Towers shall be set back from each property line by a distance
equal to the tower height, unless an engineering analysis concludes that a reduced
setback is safe for abutting properties and the Administrator determines that a
reduced setback is appropriate for the site.
5. Maximum Noise Levels: No equipment shall be operated so as to
produce noise in levels above forty‐five (45) decibels as measured from the
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nearest property line on which the wireless communication facility is located.
Operation of a back‐up power generator in the event of power failure or the
testing of a back‐up generator between eight o’clock (8:00) a.m. and nine o’clock
(9:00) p.m. are exempt from this standard. No testing of back‐up generators shall
occur between the hours of nine o’clock (9:00) p.m. and eight o’clock (8:00) a.m.
6. Fencing: Security fencing shall be required and shall be painted or
coated with a nonreflective neutral color. Fencing shall comply with the
requirements listed in RMC 4‐4‐040, Fences, Hedges, and Retaining Walls.
7. Lighting: Towers or antennas shall not be artificially lighted, unless
required by the FAA or other applicable authority. If lighting is required, the
Administrator may review the available lighting alternatives and approve the
design that would cause the least disturbance to the surrounding views. Security
lighting for the equipment shelters or cabinets and other on‐the‐ground ancillary
equipment is also permitted, as long as it is appropriately down shielded to keep
light within the boundaries of the compound.
8. Advertising Prohibited: No lettering, symbols, images, or trademarks
large enough to be legible to occupants of vehicular traffic on any abutting
roadway shall be placed on or affixed to any part of a WCF tower, antenna array
or antenna, other than as required by FCC regulations regarding tower registration
or other applicable law. Antenna arrays designed and approved to be located on
or within signs or billboards as a stealth tower, small cell, or a concealed or
camouflaged WCF, shall not be construed to be in violation of this prohibition.
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9. Building Standards: Support structures shall be constructed so as to
meet or exceed the most recent Electronic Industries Association
/Telecommunications Industries Association (EIA/TIA) 222 Revision G Standard
entitled: “Structural Standards for Steel Antenna Towers and Antenna Supporting
Structures” (or equivalent), as it may be updated or amended. Prior to issuance of
a building permit the Building Official shall be provided with an engineer’s
certification that the support structure’s design meets or exceeds those standards.
10. Radio Frequency Standards: The applicant shall ensure that the
wireless communication facility (WCF) will not cause localized interference with
the reception of area television or radio broadcasts. If the City finds that the WCF
interferes with such reception, and if such interference is not remedied within
thirty (30) calendar days, the City may revoke or modify a Building and/or
Conditional Use Permit.
G. CONCEALED WIRELESS COMMUNICATION FACILITY STANDARDS:
Additions or modifications to buildings shall complement the existing design,
bulk, scale, and symmetry of the building, and minimize the addition of bulk and
clutter. Except as otherwise provided in subsection J of this Section for small cell
facilities, concealed WCFs shall adhere to the following standards:
1. Building Addition: All antennas shall be fully concealed within a
structure that is architecturally compatible with the existing building. Roof top
additions shall be concealed on all sides.
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2. Related Equipment: The related equipment shall be completely
concealed inside a structure or inside an underground vault. Concrete masonry
unit (CMU) walls and prefabricated facilities do not meet the intent of a concealed
WCF. Equipment enclosures shall be designed to be compatible with the existing
building/structure.
3. Materials: Fiberglass reinforced plastic or radio frequency transparent
materials may be used to screen and integrate a WCF with an existing building.
Visible transition lines between the old and new surfaces are prohibited.
4. Architectural Elements: New architectural features such as columns,
pilasters, corbels, or other ornamentation that conceal antennas may be used if it
complements the architecture of the existing building.
5. Residential Buildings: Wireless communication facilities shall not be
located on residential buildings except for multi‐family structures constructed
pursuant to the International Building Code as an occupancy group R‐2, which may
serve as a support structure if the interior wall or ceiling immediately abutting the
facility is an unoccupied residential space (e.g., stairwells, elevator shafts,
mechanical rooms, etc.).
H. CAMOUFLAGED WIRELESS COMMUNICATION FACILITY STANDARDS:
Additions or modifications to buildings shall complement the existing design,
bulk, scale, and symmetry of the building, and minimize the addition of bulk and
clutter. Except as otherwise provided in subsection J of this Section for small cell
facilities, camouflaged WCFs shall adhere to the following standards:
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1. Architectural Integration: Antennas may be mounted to a building if the
antennas do not interrupt the building’s architectural theme.
a. When feasible, camouflaged WCFs shall employ a symmetrical,
balanced design for all facade‐mounted antennas. For multiple deployments on
one structure, subsequent applications will be required to provide for consistent
design, architectural treatment and symmetry in placing antennas on the
structure’s exterior with any existing WCFs on the same side of the structure.
b. When feasible, interruption of architectural lines or horizontal or
vertical reveals is prohibited.
2. Materials:
a. Mounting Hardware: Utilize the smallest mounting brackets
necessary in order to provide the smallest offset from the building.
b. Concealment: Utilize skirts or shrouds on the sides and bottoms of
antennas in order to conceal mounting hardware, create a cleaner appearance,
and minimize the visual impact of the antennas. Exposed cabling is prohibited.
c. Paint: Paint and texture antennas to match the adjacent building
surfaces.
3. Antennas:
a. Antennas shall be no longer or wider than the facade on which they
are proposed.
b. When panel antennas are unscreened, they shall be mounted no
more than twelve inches (12") from the building facade.
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c. No exposed mounting apparatus shall remain on a building facade
without the associated antennas.
4. Residential Buildings: Wireless communication facilities shall not be
located on residential buildings except for multi‐family structures constructed
pursuant to the International Building Code as an occupancy group R‐2, which may
serve as a support structure if the interior wall or ceiling immediately abutting the
facility is an unoccupied residential space (e.g., stairwells, elevator shafts,
mechanical rooms, etc.).
I. STEALTH TOWER STANDARDS:
The following standards for each type of stealth tower are the minimum
necessary to meet the intent of effectively disguising the tower. Standards for
types of stealth towers not identified within this subsection will be determined on
a case‐by‐case basis by the Administrator through the Conditional Use Permit
criteria pursuant to RMC 4‐9‐030E, Decision Criteria – Wireless Communication
Facilities.
1. Faux Trees:
a. Location: Faux trees shall be located within one hundred feet (100')
of existing trees, unless photo simulations show, to the Administrator’s
satisfaction, that the proposed faux tree would be appropriate for the site.
b. Height: The faux tree may exceed the average height of nearby trees
by no more than twenty percent (20%) or thirty feet (30'), whichever is greater.
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c. Authenticity: Faux trees shall replicate the shape, structure, and
color of live trees common to the area. Plans shall provide detailed specifications
regarding the number and spacing of branches, bark, foliage, and colors. All faux
trees shall incorporate a sufficient number of branches (no less than three (3)
branches per linear foot of height) and design materials (e.g., faux bark) so that
the structure appears as natural in appearance as feasible. Branches shall not be
required for the lowest twenty feet (20') of the trunk.
d. Concealment:
i. All cables and antennas shall be painted to match the color of the
trunk.
ii. Antenna socks are mandatory for all antennas (and similar
components) located on a faux tree.
2. Flagpoles:
a. Location and Height: The height, diameter and location of the
flagpole shall be compatible with the surrounding area, as determined by the
Administrator. The flagpole shall be tapered in order to maintain the appearance
of an authentic flagpole.
b. Authenticity: Flags shall comply with the U.S. Flag Code. Allowed
flags include national, state, county and municipal flags properly displayed. In
addition, one (1) corporate or institutional flag may be properly displayed at each
site.
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c. Concealment: Antennas shall be enclosed within the pole or a
radome. If a radome is used, it shall have a diameter no greater than one hundred
fifty percent (150%) of the diameter of the pole at the height where the radome
will be mounted. The length of the radome shall not be greater than one‐third
(1/3) of the height of the proposed light pole. All cables shall be routed directly
from the ground up through the pole. Cable coverings are prohibited.
3. Sports Field Lights:
a. Location and Height: Utilization of an existing or replacement sports
field light as a WCF support structure shall only be permitted on sites where a
sports field exists. The height, diameter and location of the sports field light(s)
shall be compatible with the surrounding area, as determined by the
Administrator.
b. Authenticity: Sports field lights shall be uniform (style, height, etc.)
with the exception of the WCF. The sports field lights shall provide consistent
illumination for the sports field.
c. Concealment:
i. Antennas shall be no more than twenty feet (20') above the light
source.
ii. All cables shall be routed directly from the ground up through
the pole. Cable coverings are prohibited.
iii. Paint antennas and mounting apparatus the same color as the
pole.
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4. Freestanding Signs:
a. Sign Permit Required: Towers replicating a sign shall be subject to
RMC 4‐4‐100, Sign Regulations, and a separate sign permit shall be required.
b. Concealment:
i. All antennas shall be completely screened by the facade of the
sign or by fiberglass reinforced plastic or radio frequency transparent materials.
ii. All cables and conduit to and from the sign shall be routed from
underneath the foundation up into the pole. Cable coverings may be allowed in
limited circumstances in situations where they are minimally visible and designed
to integrate with the sign.
J. SMALL CELL/DISTRIBUTED ANTENNA SYSTEMS STANDARDS:
Small cell deployment includes small cell facilities, microcells, and small cell
networks. The following provisions establish design and concealment standards
for small cell facilities and in appropriate situations, criteria for the establishment
of standards for small cell deployments subject to a concealment element plan;
provided, however, that any small cell, microcell, or small cell network component
which is not exempt from SEPA review shall comply with RMC 4‐9‐070,
Environmental Review Procedures. These standards shall also apply to distributed
antenna systems when equipment is installed outside of a building. Throughout
this Section, unless context clearly provides otherwise, the term “small cell
facilities” refers to small cell facilities, microcells, small cell networks, and
distributed antenna systems.
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1. Preferred Concealment Techniques: Small cell facilities complying with
the preferred concealment techniques described in this subsection shall be
considered a permitted use. Facilities complying with the preferred concealment
techniques in this subsection require a small cell permit, subject to the Type I
permit procedures in RMC 4‐8‐080, Permit Classification. In addition, small cell
facilities located on or over the public right‐of‐way also require a right‐of‐way use
permit, unless the Administrator allows use of the public right‐of‐way and
conditions thereof to be incorporated into a franchise agreement.
a. Building Attachment: Antennas may be mounted to a building if the
antennas do not interrupt the building’s architectural theme.
i. Small cell facilities attached to the side or roof of buildings shall
employ a symmetrical, balanced design for all facade‐mounted antennas.
Subsequent deployments will be required to ensure consistent design,
architectural treatment and symmetry when placing antennas on the structure’s
exterior with any existing small cell facilities on the same side of the structure.
ii. The interruption of architectural lines or horizontal or vertical
reveals is prohibited unless demonstrated to be unavoidable.
iii. New architectural features such as columns, pilasters, corbels,
or other ornamentation that conceal antennas may be used if it complements the
architecture of the existing building.
iv. Small cell facilities shall utilize the smallest mounting brackets
necessary in order to provide the smallest offset from the building.
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v. Skirts or shrouds shall be utilized on the sides and bottoms of
antennas in order to conceal mounting hardware, create a cleaner appearance,
and minimize the visual impact of the antennas. Exposed conduit, cabling and
wiring is prohibited.
vi. Small cell facilities shall be painted and textured to match the
adjacent building surfaces.
vii. All installations of small cell facilities shall have permission from
the pole/structure owner to install facilities on such structure.
b. Projecting or Marquee Sign:
i. Small cell facilities replicating a projecting or marquee sign shall
be subject to RMC 4‐4‐100, Sign Regulations. A sign permit is required unless the
small cell facilities are placed entirely within an existing sign.
ii. All antennas shall be completely screened by the facade of the
sign.
iii. All cables and conduit to and from the sign shall be routed from
within the building wall. Cable coverings may be allowed on the exterior of the
building wall in limited circumstances in situations where they are minimally
visible and concealed to match the adjacent building surfaces.
c. Parking Lot Lighting: Small cell facilities are permitted as
attachments to or replacements of existing parking lot light fixtures. The design of
the parking lot light fixture shall be in accordance with RMC 4‐4‐075, Lighting,
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Exterior On‐Site; provided, that a pole extender up to six feet (6') in height may be
utilized.
d. Street Light Poles and Traffic Signal Poles in Urban Design Districts:
For the purposes of this Section, urban design districts are those districts defined
in RMC 4‐3‐100, Urban Design Regulations. In an urban design district, an existing
street light pole or traffic signal pole (but not a wooden utility pole) may be
replaced or added on to accommodate small cell antennas and related equipment
subject to the following requirements:
i. Replacement street lights/traffic signal poles shall conform to the
adopted streetscape design standard for the design district. The replacement pole
shall look substantially the same as the existing standard.
ii. Wherever compatible with the pole design and technologically
feasible, all equipment and cabling shall be internal to the replacement street
lighting standard. If equipment or cabling is not proposed to be placed internal to
the replacement pole, a concealment element plan shall be submitted in
accordance with the provisions of subsection J3J.2 of this Section.
iii. No Illumination: Small cell facilities shall not be illuminated.
iv. Generators and Backup Battery: Generators are not permitted
for small cell facilities. A battery backup may be permitted through the submittal
of a concealment element plan and subject to administrative conditional use
permit review for the purpose of serving multiple small cell facilities.
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v. Cabinet Location and Dimensions: The equipment cabinet for
small cell facilities shall be the smallest amount of cabinet enclosure necessary to
enclose the equipment. Disconnect switches may be located outside of the
primary equipment cabinet.
e. Utility Poles/Street Light Poles in Areas Other Than Design Districts
and Exempt from Undergrounding: For installations outside of urban design
districts and exempt from undergrounding requirements pursuant to RMC 4‐6‐
090, Utility Lines – Underground Installation, small cell antennas and related
equipment may be attached to existing or replacement utility poles or street light
poles if the antennas and related equipment meet the following requirements:
i. Height Restrictions: All small cell facilities shall be in compliance
with height restrictions applicable to poles and other structures proposed to be
utilized. The City may approve minor deviations up to the minimum additional
height needed to allow sufficient space for the required clearance from electrical
utility wires when required to accommodate antennas at the top of a pole or a
pole extender, which shall be no greater than six feet (6') tall.
ii. Replacement Poles: Replacement poles shall match height,
width, color (to the extent possible, and material of the original or adjacent poles).
The City may approve minor deviations up to the minimum additional height
needed to allow sufficient space for the required clearance from electrical wires
when required to accommodate antennas, and may also approve minor
deviations up to fifty percent (50%) of the pole width or thirty inches (30"),
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whichever is greater, when housing equipment within the pole base. Replacement
poles shall be located as close as possible to the existing pole, and the replaced
pole shall be removed.
iii. Interior Concealment: Whenever technologically feasible,
antennas and equipment shall be fully concealed within a light pole, or otherwise
camouflaged to appear to be an integrated part of a light pole.
iv. Flush‐Mounting and Pole‐Top Antennas: In situations when
interior concealment is demonstrated to not be possible, the small cell facility
shall, to the full extent permitted under the State electrical code and the utilities’
requirements, be flush‐mounted on the subject pole, which means mounting
directly to the pole with little to no gap other than that which may be required for
the screws/bolts, or located at the top of the pole. Canisters attached to the top
of a pole shall not exceed the diameter of the pole, unless technically required and
then shall not be more than fifty percent (50%) greater than the diameter of the
pole.
v. Antenna Design: Where an enclosure is proposed to house an
antenna, the antenna shall be located in an enclosure of no more than three (3)
cubic feet in volume, or in case of an antenna that has exposed elements, the
antenna and all of its exposed elements could fit within an enclosure of no more
than three (3) cubic feet. No more than four (4) antennas are permitted on a single
pole and with a total volume not to exceed twelve (12) cubic feet.
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vi. Material and Color: If interior concealment described in
subsection J1eiii of this Section is not possible, the small cell facility shall to the
maximum extent feasible match the color of the pole and shall be nonreflective.
vii. No Illumination: Small cell facilities shall not be illuminated.
viii. No Collocation on Wooden Utility Poles: Each wooden utility
pole may not contain more than one (1) small cell facility.
ix. Generators and Backup Battery: Generators are not permitted
for small cell facilities. A battery backup may be permitted through the submittal
of a concealment element plan and subject to administrative conditional use
permit review for the purpose of serving multiple small cell facilities.
x. Cabinet Location and Dimensions: The equipment cabinet for
small cell facilities shall be the smallest amount of cabinet enclosure necessary to
enclose the equipment. Disconnect switches may be located outside of the
primary equipment cabinet.
2. Concealment Element Plan:
a. Concealment Element Plan Required: Applications for proposed
small cell facilities installations which do not conform to a preferred concealment
technique in subsection J.1 of this Section shall submit a concealment element
plan. The plan shall include the design of the screening, fencing, or other
concealment technology for a base station, tower, pole, or equipment structure,
and all related transmission equipment or facilities associated with the proposed
wireless facility.
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b. Purpose of Concealment Element Plan, Generally: Concealment
element plans should seek to minimize the visual obtrusiveness of installations
using methods including, but 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.
Other concealment element approaches may include, but not be
limited to, use of street furniture concealment products such as trash cans,
benches, information kiosks, or other types of enclosures reasonably compatible
to conceal ground level equipment. Additionally, the use of a concealment
support or device, such as a clock tower, steeple, flagpole, tree, wayfinding sign,
decorative pole with banner, artwork, street sign, or other applicable concealment
structure may be approved.
c. Review of Concealment Element Plan for Nonsubstantial Change
Collocations: Where a collocation is proposed that does not comply with a
preferred concealment technique but does not constitute a major alteration, a
concealment element plan shall be subject to administrative review to ensure the
proposed collocation does not defeat the concealment features approved as part
of the initial installation at that location.
d. Review of Concealment Element Plan for Initial Installations and
Substantial Change Collocations: For initial installations and major alterations not
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complying with a preferred concealment technique, the concealment element
plan shall be subject to administrative conditional use permit review.
3. New Poles: Within urban design districts and where undergrounding is
not required pursuant to RMC 4‐6‐090, Utility Lines – Underground Installation,
the installation of a new pole for the purpose of locating small cell facilities is
permitted only when the applicant establishes that:
a. The small cell facility cannot be located on a site outside of the public
right‐of‐way such as a public park, public property, or in or on a building whether
by roof or panel‐mount or separate structure; and
b. The small cell facility cannot be located on an existing pole within
the public right‐of‐way; and
c. The proposed facility complies with a preferred concealment
technique or an approved concealment element plan.
4. Ground‐Mounted Equipment Standards; ADA Compliance Required:
To allow full use of the public right‐of‐way by pedestrians, bicycles and other
users, and particularly in urban design districts and underground districts, all
ground‐mounted equipment shall be undergrounded in a vault meeting the City’s
construction standards or incorporated into street furniture or the base of a pole.
The location of ground‐mounted equipment including street furniture (to the
extent undergrounding such equipment is not technologically feasible),
replacement poles and/or any new poles shall comply with the Americans with
Disabilities Act (ADA), City construction standards, and State and Federal
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regulations in order to provide a clear and safe passage within the public right‐of‐
way.
5. Federal Regulatory Requirements:
a. These provisions shall be interpreted and applied in order to comply
with the provisions of Federal law. By way of illustration and not limitation, any
small cell 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 on the basis of radio frequency (RF) radiation
concerns.
b. Small cell facilities shall be subject to the requirements of this Code
to the extent that such requirements:
i. Do not unreasonably discriminate among providers of
functionally equivalent services; and
ii. Do not have the effect of prohibiting personal wireless services
within the City.
c. Small cell facilities installed pursuant to the preferred concealment
techniques or a concealment element plan may not be expanded pursuant to an
eligible facilities request.
K. TEMPORARY WIRELESS COMMUNICATIONS FACILITIES STANDARDS:
1. Location:
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a. Temporary wireless communication facilities, shall be located no
closer than seventy‐five (75) feet from the property line of a property that is
adjacent, abutting, or diagonal to a property with a residential use.
b. No space or spaces needed to meet the required parking standards
for a development site shall be taken by the placement of temporary wireless
communication facilities.
c. Temporary wireless communication facilities shall not be located in
the R‐1, R‐4, R‐6, R‐8, or R‐10 zones.
2. Size: Temporary wireless communication facilities are permitted on
tandem axel utility trailers with a maximum width of ten feet (10’) and length of
twenty‐four feet (24’), or other support structure as approved by the
Administrator.
3. Screening: A six‐foot (6’) high sight obscuring fence, vegetative screen,
or alternative visual buffer approved by the Administrator shall be constructed
around the perimeter of the utility trailer and/or any other ground equipment
associated with the temporary wireless communication facility.
4. Power source:
a. Use of on‐site utility services is required for primary power.
b. In the event of an emergency or power outage, a whisper quiet
generator or other utility source may be used that emits an average noise level,
measured at the property line, that does not exceed fifty‐five decibels (55 dB) Day‐
Night Level (Ldn) when measured on an "a weighted" sound level meter, according
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to the procedures of the Environmental Protection Agency, unless otherwise
approved by the Administrator.
5. Permits: An approved Tier 2 Temporary Use Permit is required for all
temporary wireless communications facilities.
6. WCF installation/repairs: A temporary use permit issued for the use
of a temporary wireless communication facility during the installation of a new
WCF or while repairs are being done on an existing WCF shall comply with the
standards contained above and with the following:
a. The approval shall not exceed a length of one hundred and eighty
(180) consecutive days (excluding installation and removal).
b. There shall be no more than one (1) temporary use permit issued
for the use of a temporary wireless communication facility per site each calendar
year.
c. Two (2) extensions of the original temporary use permit of up to
one hundred and eighty (180) consecutive days (excluding installation and
removal) per extension may be approved by the Administrator upon a showing
that the proposed installation or repairs are actively progressing.
KL. APPLICATION SUBMITTAL REQUIREMENTS:
In addition to application materials and information required pursuant to RMC
4‐8‐120C, Table 4‐8‐120C – Land Use Permit Submittal Requirements, the
following materials are the minimum required to complete a review of any WCF,
other than a minor alteration pursuant to subsection E1 of this Section or small
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cell facilities pursuant to subsection J of this Section. Additional materials and
information may be required.
1. Technical Analysis:
a. Site Justification Letter: This report shall justify the need or
requirement for the proposed WCF location and design. An analysis of other
available sites shall be included as well as determination as to why these sites
were not selected.
b. Justification Map: A map identifying the zoning districts, search
area, alternative sites, the selected site, and all existing and approved WCFs within
a one‐half (1/2) mile radius.
c. Coverage Map: Map(s) identifying the proposed target coverage
that illustrate the coverage prior to and after the installation.
d. Noise Report: For projects proposed adjacent to residential uses
when generators, air conditioning units, or other noise‐generating devices are
utilized.
2. Photo Simulations: Photo simulations shall be required with each plan
set. The photo simulations shall illustrate the proposed WCF from at least four (4)
vantage points and show the existing view (without the proposed WCF) and
proposed view (with the proposed WCF) from each vantage point.
3. Method of Attachment/Cabling: Dimensioned details shall be provided
of antennas and mounting hardware used to attach the antennas to the structure.
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4. Visual Mitigation: Any concealment/integration techniques proposed
shall be fully explained, illustrated and detailed.
LM. OBSOLESCENCE AND REMOVAL:
Any wireless communications facility that is no longer needed or is not
operational shall be reported immediately by the service provider to the
Administrator. Discontinued facilities or facilities that are in disrepair, as
determined by the Administrator, shall be decommissioned and removed by the
facility owner within six (6) months of the date it ceases to be operational, and the
site shall be restored to its pre‐existing condition. The Administrator may approve
an extension of an additional six (6) months if good cause is demonstrated by the
facility owner.
MN. PERMIT LIMITATIONS:
1. Maintenance Required: The applicant shall maintain the WCF to
standards that may be imposed by the City at the time of the granting of a permit.
Such maintenance shall include, but shall not be limited to, maintenance of the
paint, structural integrity and landscaping. If the applicant fails to maintain the
facility, the City may undertake the maintenance at the expense of the applicant
or terminate the permit, at its sole option.
2. Notice to City of Change of Operation of Facility: The applicant shall
notify the Department of all changes in operation of the facility within sixty (60)
calendar days of the change.
NO. MODIFICATIONS:
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The Administrator shall have the authority to modify the standards of this
Section, subject to the provisions of RMC 4‐9‐250D, Modification Procedures.
OP. APPEALS:
See RMC 4‐8‐110, Appeals.
SECTION III. The definition of “Wireless Communication Facilities, Terms Related to” in
section 4‐11‐230 of the Renton Municipal Code is amended to add a definition of “Wireless
Communication Facility, Temporary,” to read as shown below. All other terms in “Wireless
Communication Facilities – Terms Related To” and definitions in 4‐11‐230 shall remain in effect
and unchanged.
WIRELESS COMMUNICATION FACILITIES – TERMS RELATED TO:
A. Antenna: Any system of poles, panels, rods, reflecting discs or similar
devices used for the transmission or reception of radio frequency signals.
B. Antenna, Amateur Radio (also called ham radio): A device that picks up or
sends out radio frequency energy used for purposes of private recreation,
noncommercial exchange of messages, wireless experimentation, self‐training,
and emergency communication. The term “amateur” is used to specify persons
interested in radio technique solely with a personal aim and without pecuniary
interest, and to differentiate it from commercial broadcasting, public safety (such
as police and fire), or professional two (2) way radio services (such as maritime,
aviation, taxis, etc.).
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C. Antenna Array: A group of antennas connected and arranged in a regular
structure to form a single antenna that is able to produce radiation patterns not
produced by individual antennas.
D. Antenna, Panel: Transmits and receives radio frequency signals in a specific
directional pattern of less than three hundred sixty degrees (360°).
E. Antenna, Vertical Monopole Amateur Radio: A type of amateur radio
device consisting of a single vertical element constructed of wire, aluminum, or
fiberglass without any attached horizontal antennas. This definition does include
associated guy wires attached not more than halfway up the monopole for
anchoring purposes. This definition does not include amateur radio antennas with
any more than a single vertical element (e.g., tower or lattice‐type amateur radio
antennas).
F. Base Station: 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 nor any equipment associated with a tower. Base station includes, without
limitation:
1. Equipment associated with wireless communications 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
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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 jurisdiction) under this Section, supports or houses
equipment described in subsections F1 and 2 of this definition 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 under this Section, does not support or house
equipment described in subsections F1 and 2 of this definition.
G. Collocation: The mounting of antennas and related equipment on an
existing support structure by more than one wireless communications provider.
H. Compound: The leased or owned property upon which all elements of a
WCF reside, which is demarcated with security fencing.
I. Eligible Facilities Request: 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.
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J. Eligible Support Structure: Any tower or base station as defined in this
Section; provided, that it is existing at the time the relevant application is filed
with the City.
K. Equipment Cabinet: A mounted case with a hinged door used to house
equipment for utility or service providers.
L. Equipment Shelter: A room or building used to house equipment for utility
or service providers (also known as a base station).
M. Equipment Structure: A facility, shelter, cabinet or vault used to house and
protect electronic or other associated equipment necessary for processing
wireless communications signals. “Associated equipment” may include, for
example, air conditioning, backup power supplies and emergency generators.
N. FAA: The Federal Aviation Administration, which maintains stringent
regulations for the siting, building, marketing and lighting of cellular transmission
antennas near airports or flight paths.
O. FCC: The Federal Communication Commission, which regulates the
licensing and practice of wireless, wireline, television, radio and other
telecommunications entities.
P. Microcells: A wireless communication facility consisting of an antenna that
is either:
1. Four feet (4') in height and with an area of not more than five hundred
eighty (580) square inches; or
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2. If a tubular antenna, no more than four inches (4") in diameter and no
more than six feet (6') in length.
Q. Pole Extender: A pole extender is a device that extends a utility pole or
similar structure, the material of such structure being wood, composite, or
otherwise, to the maximum height as permitted under this Title, without requiring
the entire structure to be replaced, such that a small cell wireless facility may be
located at the top of said structure and meet any required clearances as dictated
by the structure owner.
R. Radome: A plastic housing sheltering the antenna assembly.
S. Related Equipment: All equipment ancillary to the transmission and
reception of voice and data via radio frequencies. Such equipment may include,
but is not limited to, cable, conduit and connectors.
T. Satellite Dish: A microwave dish typically used for receiving television
transmissions from at least one orbiting satellite.
U. Service Provider: Is defined in accordance with RCW 35.99.010(6). Service
provider shall include those infrastructure companies that provide
telecommunications services or equipment to enable the deployment of personal
wireless services.
V. Small Cell Facility: 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
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elements, the antenna and all of its exposed elements could fit within an
imaginary enclosure of no more than three (3) cubic feet; and
2. Primary equipment enclosures are 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, telecom demarcation box,
ground‐based enclosures, battery backup power systems, grounding equipment,
power transfer switch, and cutoff switch.
W. Small Cell Network: A collection of interrelated small cell facilities
designed to deliver personal wireless services.
X. Support Structure: A structure used to support wireless communication
antennas and related equipment, either as its primary use or as an accessory use.
Support structures include, but are not limited to, towers, existing buildings, water
tanks, signs, and light fixtures.
Y. Tower: 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 fixes wireless services such as microwave
backhaul and the associated site. Types of towers include, but are not limited to:
1. Guyed Tower: A freestanding or supported wireless communication
support structure that is usually over one hundred feet (100') tall, which consists
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of metal crossed strips or bars and is steadied by wire guys in a radial pattern
around the tower.
2. Lattice Tower: A self‐supporting wireless communication support
structure that consists of metal crossed strips or bars to support antennas and
related equipment.
3. Monopole I: A freestanding support structure less than sixty feet (60')
in height, erected to support wireless communication antennas and connecting
appurtenances.
4. Monopole II: A freestanding support structure sixty feet (60') or greater
in height, erected to support wireless communication antennas and connecting
appurtenances.
5. Stealth Tower: A freestanding support structure that is disguised as a
natural or built object typically appearing in the natural or urban landscape and is
primarily erected to accommodate wireless communication facilities. Examples
include, but are not limited to, manmade trees, freestanding signs, flagpoles, light
fixtures and clock towers.
Z. WCF: See Wireless Communication Facility (WCF).
AA. Wireless Communication Facility (WCF): An unstaffed facility for the
transmission and reception of low‐power radio signals usually consisting of an
equipment shelter or cabinet(s), a support structure, antennas and related
equipment, generally contained within a compound. For purposes of this Title, a
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WCF includes antennas, support structures and equipment shelters, whether
separately or in combination.
BB. Wireless Communication Facility, Camouflaged: A wireless
communication facility that is typically affixed to the facade of an existing
structure that was not originally constructed to be a WCF support structure (e.g.,
an existing building), in a manner that integrates and disguises the WCF with the
building by matching architectural elements, colors, materials, etc.
CC. Wireless Communication Facility, Concealed: A wireless communication
facility that is incorporated into an existing structure, that was not originally
constructed to be a WCF support structure (e.g., an existing building), in a manner
that completely hides the WCF within the existing structure or within an addition
to the existing structure that is architecturally compatible.
DD. Wireless Communication Facility, Temporary: A self‐contained, portable
telecommunications facility that can moved to a location and set up to provide
wireless services on a temporary or emergency basis. Temporary wireless
communication facilities are not deployed in a permanent manner, do not have a
permanent foundation, may be vehicle mounted, and generally contain a
telescoping boom as the antenna support structure. An example of a temporary
wireless communication facility is a “cell‐on‐wheels” or COW.
SECTION IV. If any section, subsection, sentence, clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,