Chapter 12.11
WIRELESS COMMUNICATION FACILITIES

Sections:

12.11.010    Policies, purpose and goals.

12.11.020    Definitions.

12.11.030    General provisions.

12.11.040    WCFs – Permitted locations.

12.11.050    WCF permit required – Type of action and expiration.

12.11.060    Contents of complete application.

12.11.065    Siting hierarchy.

12.11.070    Visibility and dimensional standards.

12.11.080    Collocation – Covenant of good faith.

12.11.090    Recovery of city costs.

12.11.100    Maintenance of facilities.

12.11.110    Modification.

12.11.120    Testing of WCFs required – Radio frequency radiation.

12.11.130    Testing of WCFs required – Noise emissions.

12.11.140    Security.

12.11.150    Abandonment of WCFs.

12.11.160    Signs.

12.11.170    Revocation or termination of permit.

12.11.180    Notice and duty to cure.

12.11.190    Hearing.

12.11.010 Policies, purpose and goals.

A.    Provision of Opportunities for Wireless Providers. This chapter is designed to provide opportunities for WCFs consistent with the statutory rights of wireless communication service providers while providing for an orderly development of the city and protecting the health, safety, and general welfare of the city’s residents and property owners.

B.    Preservation of Character of City. A primary objective of this chapter is to preserve the existing visual and aesthetic character of the city and its neighborhoods, as well as minimizing the noise impacts generated by WCFs. Preserving the visual and aesthetic character of the city includes the protection of views within the city which create a special character for the community, high property values and a tax base sufficient to support the city’s operations and limiting the intrusion of noise, visual, and aesthetic impacts associated with commercial and other uses into residential neighborhoods.

C.    Goals. The goals of this chapter include:

1.    Establishing development regulations consistent with the Imagine Bothell... Comprehensive Plan, adopted July 31, 1995, as subsequently updated;

2.    Providing sites for locating WCFs;

3.    Providing WCFs and infrastructure free from significant gaps in coverage designed to serve city residential, educational, public safety and all other commercial users, as well as visitors, who use wireless services from a choice of providers that compete on the basis of cost as well as continuous improvement in quality, reliability, and innovation;

4.    Encouraging the use of appropriate technology that has minimal adverse environmental, noise, and visual impacts on the city and the prompt removal of abandoned facilities;

5.    Prioritizing the location of WCFs upon existing nonresidential structures, in such a manner that the WCF is integrated, or appears to be integrated, into the structure;

6.    Establishing standards for WCFs to mitigate the visual and noise impacts associated with those facilities;

7.    Facilitating the use of developed streets for WCFs to reduce the impact of WCFs upon residential areas of the city where the siting of WCFs in residential zoning districts is necessary or desired by a WCF provider;

8.    Facilitating the use of existing high voltage transmission towers in private rights-of-way in commercial and certain mixed use zones for WCFs to reduce the need of such facilities within residential areas and to reduce the impacts of WCFs upon residential and other properties; and

9.    Encouraging the development of WCFs on a competitively neutral basis. (Ord. 2110 § 2 (Exh. B), 2013; Ord. 1733 § 7, 1998).

12.11.020 Definitions.

A.    “Antenna” means a specific device, the surface of which is used to transmit and/or receive radio-frequency signals, microwave signals, or other signals transmitted to or from other antennas for commercial purposes.

B.    “Antenna array” means two or more devices used for the transmission or reception of radio frequency signals, microwave or other signals for commercial communications purposes.

C.    “Applicant” means any person, firm or entity seeking to place a WCF within the boundaries of the city.

D.    “Camouflaged” means the use of shape, color and texture to cause an object to appear to become a part of something else, usually a structure, such as a building, wall or roof. “Camouflage” does not mean invisible, but rather appearing as part or exactly like the structure used as a mount.

E.    As used in this chapter, the term “city” means the city of Bothell, Washington.

F.    “Concealment” means fully hidden from view. For example, a WCF is concealed when it is completely hidden or contained within a structure, such as a building, wall or roof.

G.    “Developed street” means any public right-of-way classified as an alley (in commercial areas only), residential access street, collector street, minor arterial, or principal arterial and which is partially or fully developed and devoted to transportation use by the public at large.

H.    “Disguised” means that a WCF is changed to appear to be something other than what it really is. For example, WCFs are sometimes disguised to appear as trees or flagpoles.

I.    “Emergency services” means 911 emergency services and emergency notification services.

J.    “Emergency notification services” means services that notify the public of an emergency.

K.    “Emergency support services” means information or database management services used in support of emergency services.

L.    “Equipment enclosure” or “base station” means a structure, shelter, cabinet, box or vault designed for and used to house and protect the electronic equipment necessary and/or desirable for processing wireless communication signals and data, including any provisions for mechanical cooling equipment, air conditioning, ventilation, or auxiliary electric generators.

M.    “FCC” means the Federal Communications Commission.

N.    “Guyed tower” means a vertical support structure which is usually over 100 feet tall, which consists of metal crossed strips or bars, and is steadied by wire guys in a radial pattern around the tower.

O.    “Height” means the vertical distance measured from pre-existing ground level to the highest point on the WCF, including but not limited to the antenna or antenna array.

P.    “Lattice tower” means a wireless communication support structure that consists of metal crossed strips, bars, or braces, forming a tower which may have three, four, or more sides.

Q.    “Licensed carrier” means any person, firm or entity licensed by the FCC to provide personal wireless services and which is in the business of providing the same.

R.    “Monopole tower” or “monopole” means a vertical support structure, consisting of a single vertical pole, typically with a platform or bracket for mounting multiple antennas.

S.    “Mount” means any mounting device or bracket which is used to attach an antenna or antenna array to a street pole, building, structure, lattice tower or monopole.

T.    “Panel antenna” means a directional antenna designed to transmit and/or receive signals in a directional pattern.

U.    “Wireless communication services” means any of the technologies as defined by Section 704(a)(7)(c)(i) of the Federal Telecommunications Act of 1996, including cellular, PCS, enhanced specialized mobile radio (ESMR), specialized mobile radio (SMR), and paging.

V.    “Wireless communications facilities (WCFs)” means any unstaffed facility for the transmission and/or reception of wireless communications services.

W.    “Street pole” means telephone, electric, or cable television poles located in a developed street.

X.    “Temporary WCF” means a nonpermanent WCF installed on a short-term basis, for the purpose of evaluating the technical feasibility of a particular site for placement of a WCF or for providing emergency communications during a natural disaster or other emergencies which may threaten the public health, safety and welfare. Examples of temporary WCFs include, but are not limited to, placement of an antenna upon a fully extended bucket truck, crane, or other device capable of reaching the height necessary to evaluate the site for placement of a WCF.

Y.    “View corridor” means scenic views of natural and built areas and features, including, but not limited to: tree-covered hillsides; the “feathered edge” along ridgelines surrounding the city; views of the built environment which contain significant architectural or historical features; natural features such as lakes, rivers, streams or mountains; an area of landscaping of local or regional significance; or a public art work.

Z.    “Whip antenna” means an omni-directional antenna designed to transmit and/or receive signals in a 360-degree pattern. (Ord. 2110 § 2 (Exh. B), 2013; Ord. 1885 § 1, 2002; Ord. 1733 § 7, 1998).

12.11.030 General provisions.

A.    The placement or modification of any WCF at any location within the city is subject to the provisions of this chapter.

B.    WCFs shall not be permitted on any building or structure within an area of the city zoned exclusively R 40,000 through R 2,800, including the SSHO and MHP overlay zones, except as specified in BMC 12.11.040.

C.    WCFs located within a designated critical area, as defined by BMC 14.04.005, shall comply with the requirements of Chapter 14.04 BMC.

D.    Lattice and guyed towers shall not be permitted in any zoning district. Monopoles shall be permitted only as specified in BMC 12.11.040. (Ord. 2110 § 2 (Exh. B), 2013; Ord. 1946 § 2, 2005; Ord. 1733 § 7, 1998).

12.11.040 WCFs – Permitted locations.

The following siting standards shall apply to all new WCFs:

Zone Designation

Permitted Uses

Visual, Dimensional and Equipment Enclosure Standards

Noise Standards

Exclusive residential zones (R 40,000 – R 2,800, including MHP and SSHO overlays)

WCFs with antennas on street poles are permitted

As per BMC 12.11.070(A)

As per BMC 8.26.040 and WAC 173-60-040

WCFs attached to nonresidential structures and existing monopole and lattice towers are permitted

As per BMC 12.11.070(B), (E) and (F)

New monopoles on nonresidential properties with a CUP

As per BMC 12.11.070(D)

Commercial zones (NB, CB, GC, LI, OP) and mixed use zones (SR 522, GDC, DT, DN, DC, and those containing R 4,000, R 2,800 or R-AC as components)

WCFs within developed streets are permitted

As per BMC 12.11.070(A)

As per BMC 8.26.040 and WAC 173-60-040

WCFs attached to existing commercial or mixed use buildings are permitted

As per BMC 12.11.070(B)

WCFs attached to existing high voltage transmission towers are permitted

As per BMC 12.11.070(D)

Monopoles are permitted. New monopoles are limited to the zones listed below.

As per BMC 12.11.070(D)

New monopoles not to exceed 110 feet in height, unless additional height is demonstrated to be technically necessary to cover a significant gap in coverage as certified by the provider’s licensed engineer and with approval of the director, are permitted in the following zones:

A.    Properties which contain the specific zoning classification combination of: CB, OP, LI and R-AC.

B.    Commercial zones which have the exclusive combination of R-AC, CB and OP as a zoning classification and which are located in areas lying within 400 feet of the Interstate 405 right-of-way and more than 100 feet east of the SR-527 right-of-way.

C.    Commercial zones which have the exclusive combination of OP and LI as a zoning classification.

D.    Other commercial or mixed use zones and public lands as provided by the siting hierarchy in BMC 12.11.065.

E.    On nonresidential properties in residential zones as a conditional use. (Ord. 2110 § 2 (Exh. B), 2013; Ord. 1946 § 2, 2005; Ord. 1885 § 1, 2002; Ord. 1876 § 2, 2002; Ord. 1733 § 7, 1998).

12.11.050 WCF permit required – Type of action and expiration.

A WCF permit shall be required prior to the construction or installation of each new WCF other than a temporary WCF as defined herein. Maintenance of existing facilities, including replacement of antennas and other equipment, will only require a building permit. There may be a one-time increase in the number and/or size of the antennas by up to 50 percent, with a minimum allowance of three new antennas, without a full WCF permit. The director may allow additional antennas and other equipment through a building permit if the dimensions of the antenna support structure or equipment area are not substantially changed. For the purposes of BMC Title 11, WCF permits shall be designated as Type I project permit applications. BMC Title 11 notwithstanding, all applicants for new WCFs shall comply with the posting requirements set forth in BMC 11.19.005 and post a notice of application meeting the requirements of BMC 11.06.004(C) upon the subject property. No other public notice shall be required for such permits.

A.    A WCF permit shall expire two years from the date of issuance; except that permits issued through December 31, 2011, shall expire four years from the date of issuance. The director is authorized to approve a request for an extended expiration date where a construction schedule is provided by the applicant and approved prior to permit issuance.

B.    Every permit which has been expired for less than one year may be renewed for a period of one year for an additional fee, based on the valuation of the work remaining, as long as no changes have been made to the originally approved plans. For permits that have been expired for longer than one year, a new permit must be obtained and full new fees paid. No permit shall be renewed more than once. (Ord. 2110 § 2 (Exh. B), 2013; Ord. 2043 § 2 (Exh. B), 2010; Ord. 1733 § 7, 1998).

12.11.060 Contents of complete application.

An application for a WCF permit is complete for the purposes of this section when it has been determined by the city to contain the information described below in addition to the standard application information required under BMC Title 11, Administration of Development Regulations. The permit fee shall be established by resolution of the city council. A complete application is sufficient for continued processing even though additional information may be required or modifications may subsequently be made. The city’s determination of completeness shall not preclude the city from requesting additional information or studies, either at the time of the notice of completeness or subsequently if new information is required or substantial changes in the application occur. A complete application shall contain:

A.    A complete application form, permit fee, and attachments signed and dated by the owner/agent. The application shall be on a standardized form approved by the director and provided to the applicant by the department of public works and community development;

B.    The name, address, phone number and signature of the applicant or authorized representative;

C.    A complete legal description of the subject property;

D.    Locational maps, including:

1.    A vicinity map showing the location of the proposed WCF and the location of any existing WCFs of the licensed carrier within the service area when applying the siting hierarchy in BMC 12.11.065;

2.    A map depicting the area immediately around the proposed site, showing the zoning designation of the subject property and of all adjacent properties;

E.    Site plans, drawn to scale, depicting the proposed and existing improvements on the property. The site plans shall include drawings which include a plan view and elevations, and contain the following information:

1.    Dimensions and shape of the lot, and street names;

2.    Location and dimensions of existing and proposed buildings and structures, including setbacks;

3.    Circulation. Adjacent street improvements, curb cut locations for ingress and egress, and parking layout in accordance with Chapter 12.16 BMC; provided, however, that the requirements of BMC 12.16.120, Pedestrian circulation and access, shall not apply to WCFs;

4.    Existing and proposed landscaping, in accordance with this chapter, including the location of significant trees with a caliper diameter exceeding eight inches as measured four feet above grade;

5.    Existing watercourses, critical areas, utility lines, easements, deed restrictions, rockeries, and other built or natural features restricting use of the subject property;

6.    Preliminary grading plan depicting proposed and existing grades at five-foot contours if grading is proposed in conjunction with the proposed WCF;

7.    Storm drainage, sidewalks, and exterior lighting;

8.    Elevations for all proposed improvements on the site;

F.    Color photographs of the existing site, and computer-generated color photographs depicting the proposed WCF incorporated into the site (photosimulations, or photosims). At least one color photograph and one color photosim shall be provided depicting the site from the north, south, east and west, or fewer/different views depicting the facility as viewed from adjacent public rights-of-way as determined by the director at the pre-application conference;

G.    Six copies of all plans and photographs. All oversized plans shall be folded to eight and one-half by 11 inches. One paper reduction of each oversized plan to 11 by 17 inches shall also be provided;

H.    A description of the support structure or building upon which the WCF is proposed to be located, and the technical reasons for the design and configuration of the WCF;

I.    A statement of whether excess space will be incorporated into the design and configuration of the structure or building, whether excess space will remain after installation of the proposed WCF, and whether such excess space shall be leased;

J.    Information necessary to determine the intended service area of the WCF;

K.    Design information, including equipment brochures, color and material boards, and dimensional information;

L.    FCC license;

M.    Necessary information for review of environmental impacts, in accordance with BMC Title 14, Environment;

N.    Application fee and environmental trust fee (if subject to SEPA review);

O.    Applications found to contain material errors shall not be deemed complete until such errors are corrected;

P.    A completed right-of-way placement permit application under Chapter 17.24 BMC if the WCF is to be located within a public right-of-way;

Q.    The director may waive the specific submittal requirements set forth in subsections (E)(3) through (E)(5) of this section when determined to be unnecessary for review of the application;

R.    The director may also require an evaluation by an independent qualified expert regarding the applicant’s analysis and the effectiveness of any proposed mitigating measures or programs. Recommendations regarding the least intrusive means for closing a significant gap in coverage shall be included. (Ord. 2110 § 2 (Exh. B), 2013; Ord. 1733 § 7, 1998).

12.11.065 Siting hierarchy.

Siting of antennas or support structures shall adhere to the siting hierarchy of this section. The order of ranking for antennas or antenna support structures, from highest to lowest, shall be 1 to 5. Where a lower ranking alternative is proposed, the applicant must file relevant information including but not limited to an affidavit by a licensed radio frequency engineer demonstrating that despite diligent efforts to adhere to the established hierarchy within the geographic search area, higher ranking options are not technically feasible or justified given the location of the proposed wireless communications facility and the need to cover significant gaps in network coverage.

Example:

A new WCF is proposed; the applicant demonstrates that the new facility cannot be sited under hierarchy 1. The applicant then demonstrates the new facility cannot be sited under hierarchy 2. The applicant then moves to hierarchy 3 and is able to propose a site.

A.    Antenna Siting Hierarchy.

1.    A WCF that is:

a.    A concealed WCF that is attached to an existing antenna support structure:

(1)    Located within city-classified principal arterial rights-of-way,

(2)    Located on a high voltage electrical transmission tower,

(3)    Collocated with another WCF, or

(4)    Within public parks, public open spaces, or on other publicly owned land; or

b.    A monopole-style WCF with antennas in a canister that is located within commercial zones as permitted in BMC 12.11.040 and in public parks, public open spaces, or on other publicly owned land.

2.    A concealed WCF that is attached to an existing antenna support structure:

a.    In a minor arterial right-of-way; or

b.    Located on the roof of any building in the commercial zones listed in BMC 12.11.040.

3.    A WCF that is:

a.    A concealed WCF that is attached to an existing antenna support structure:

(1)    Located in a collector arterial right-of-way;

(2)    Located on the roof of any commercial or mixed use building in the mixed use zones listed in BMC 12.11.040; or

(3)    Located in a residentially zoned area on a parcel not used for residential purposes;

b.    A monopole-style WCF that is located in a residentially zoned area on a parcel not used for residential purposes.

4.    A concealed WCF that is attached to a new antenna support structure within an arterial right-of-way.

5.    WCF not meeting any of the options in Tiers 1 through 4, when no reasonable alternative exists, consistent with the provisions of BMC 12.11.040.

B.    Base Station or Equipment Enclosure Hierarchy. Siting of base stations shall adhere to the siting hierarchy of this subsection. The order of ranking, from highest to lowest, shall be 1, 2, and 3. Where a lower ranking alternative is proposed, the applicant must demonstrate that a higher ranking option is not technically feasible, or justified given the location or size of the proposed base station.

    Hierarchy:

1.    A base station that is underground and where the top of the vault is flush with the surrounding grade within city rights-of-way.

2.    A base station that is:

a.    Attached to an antenna support structure located within city rights-of-way;

b.    Placed within an existing building, provided the use of the building is not single-family residential; or

c.    On the roof of an existing building, provided the use of the building is not single-family residential and is not visible from the street.

3.    A base station that is:

a.    On adjacent property and concealed in the same manner as concealed WCF (i.e., the base station is not readily identifiable as such and is designed to be aesthetically compatible with existing and proposed building(s) and uses on a site); or

b.    On adjacent property; provided, that the base station is fenced and landscaped; or

c.    Inside a building; or

d.    Otherwise located so as not to be open or visible to public view (e.g., in a forested area surrounded by vegetation so that the base station is not open to public view). (Ord. 2110 § 2 (Exh. B), 2013).

12.11.070 Visibility and dimensional standards.

All WCFs locating within the city of Bothell that are within the dimensional thresholds in the following section shall go through the standard review process. Proposed WCFs that exceed these dimensional standards will be designed to have the minimum impact feasible, as certified by the provider’s licensed engineer, as approved by the director.

A.    Street Pole Mounted WCFs.

1.    Location. In exclusively residential zones, including SSHO and MHP overlay zones, ground-mounted equipment shall be located as close as possible to the intersection of the public right-of-way boundary and the side property line of the abutting property, but in no case shall any portion of said equipment be located more than six feet from either side of said intersection.

2.    Antennas. Antennas shall be mounted on street poles. Only one WCF shall be permitted on any street pole. Antennas shall be either fully concealed within a canister or flush mounted to the street pole. Antennas not flush mounted on the side of the street pole shall be centered on the top of the street pole to which they are mounted and camouflaged or disguised.

An additional 15 feet is allowed, either for a new street pole with flush mounted antennas or a pole-top mounted canister. Any such mount shall not be greater in diameter than the existing street pole and shall be designed to blend into the colors and textures of the existing street pole.

3.    Equipment Enclosures in Residential Zones and Public Streets.

a.    Dimensions.

(1)    Aboveground equipment enclosures shall not be greater than 480 square feet in area.

(2)    Below ground equipment enclosures in public streets shall not be greater than 480 square feet in area and shall have the smallest access door feasible.

b.    Appearance. Aboveground equipment enclosures shall be constructed and screened so as to minimize their visual impact from the developed street and adjacent properties. Such screening shall consist of a sight-obscuring wood fence, evergreen plantings spaced so as to obscure sight, or a combination of the two, as determined by the director to be most effective.

4.    Aboveground Equipment – Not Located within Public Rights-of-Way.

a.    Appearance. Ground-mounted equipment enclosures shall be painted a natural, nonreflective color so as to blend in with the surroundings. Any new building or structure constructed for housing equipment, other than self-contained equipment cabinets, shall be designed and constructed to be architecturally compatible with buildings in the immediate vicinity and to blend into the surroundings. The exterior of all such buildings or structures shall be finished with masonry or siding and shall have a peaked roof. Buildings or structures with nonmasonry exterior finishing shall be painted a natural, nonreflective color. Pre-fabricated concrete and metal structures shall not be permitted unless treated with a facade meeting the requirements of this subsection.

b.    Screening and Noise Standards. Unless the applicant demonstrates that the proposed WCF will generate no increased sound levels, as measured at the property line of the subject property at any time of day or night, ground-mounted equipment cabinets and equipment enclosures shall be surrounded with a solid masonry or concrete wall on all four sides, comprised of at least four inches of solid masonry or concrete components. Said wall shall be located within five feet of any noise source associated with the equipment enclosure and shall have a height that is at least three feet above the highest point of the noise source. Gates or doors providing access to areas within said wall shall be constructed of a solid material and shall not be located on the wall immediately adjacent to the noise source. Any such noise source shall be oriented to minimize impacts on neighboring residential properties.

c.    Landscaping. Ground-mounted equipment enclosures which are not required to be surrounded by a masonry or concrete wall shall be surrounded with a six-foot-tall wood fence and a five-foot-wide landscape bed (located in front of the fence) containing Type II landscape materials, as specified in BMC 12.18.040. Otherwise, ground-mounted equipment enclosures shall be surrounded by a 10-foot-wide landscape bed (located in front of the masonry or concrete wall of such structure) containing Type I landscape materials, as specified in BMC 12.18.040. The requirements of this subsection may be varied by the director on a case-by-case basis when doing so would result in a greater degree of concealment of an equipment enclosure. Chapter 12.18 BMC notwithstanding, the landscaping provisions of this subsection shall not be fulfilled through use of berms or fencing.

B.    Attached WCFs (Commercial and Mixed Use Zones and Nonresidential Structures in Residential Zones).

1.    Antennas. Roof-mounted antennas shall not exceed 15 feet above the highest portion of the building, including the mount.

Roof-mounted antennas shall be placed to the center of the roof where possible, and shall either be completely concealed or be fully camouflaged into the building design. This may include the construction of false equipment penthouses on the roofs of buildings or some other concealment type structure, the design of which is approved by the director. When a roof mount installation is performed, the antennas, mounting brackets and any concealment structures shall be exempt from the height limit of the underlying zone to the extent that the total height of such facilities does not increase the overall building height by 20 feet.

Side-mounted antennas shall be mounted flush on the exterior walls of the building, not extend above the building parapet or other roof-mounted structure, and shall either be completely concealed or fully camouflaged into the building design.

Whip antennas shall be painted a neutral color, or be fully concealed, at the discretion of the director. In determining whether to require concealment of whip antennas, the director shall consider whether the site line diagrams, site plans, and photosimulations submitted by the applicant demonstrate that the whip antennas will not be visible from the public rights-of-way adjacent to the subject property.

2.    Equipment Enclosures. Equipment enclosures shall be fully concealed within the interior of the building itself or designed in accordance with the following standards:

a.    Rooftops. Equipment enclosures located on the roof of a building shall be placed to the center of the roof where possible and shall either be completely concealed or fully camouflaged into the building with architecturally compatible design.

b.    Ground Mounted. See subsection (A)(3) of this section.

C.    New Monopole Towers (Commercial and Mixed Use Zones).

1.    Antennas. Panel and omni-directional antennas shall be no greater in height than 10 feet. The antenna array and mount, if any, shall extend no further from the centerline of the pole than 15 feet measured horizontally. Antennas shall be painted a natural, nonreflective color matching the monopole that blends into the natural and built surroundings where it is located.

2.    Support Structure. Monopoles shall be located in such a manner that a portion of the tower is screened by existing buildings or trees. Also, the pole shall be painted a natural nonreflective color to blend into the surroundings. The height of the monopole shall be no greater than 110 feet. All new monopole towers shall be screened through the planting of at least five evergreen trees of a minimum height of 20 feet tall and of a species approved by the director. Said trees shall be spaced around the pole in such a manner that the maximum screening effect is achieved. Said trees shall be planted within 30 feet of the monopole and maintained in a healthy condition at all times. Existing trees within 30 feet of the monopole may be used to fulfill this screening requirement. In the event that any such tree shall become diseased or suffer other mortality, it shall be replaced with a tree meeting the requirements of this subsection.

3.    Equipment Enclosures. See subsection (A)(3) of this section.

4.    Setbacks. Monopole support structures and equipment enclosures shall be constructed with a setback of at least 100 feet from any exclusively residentially zoned property, including the SSHO and MHP overlay zones.

D.    Electric Transmission Towers outside Developed Streets (Commercial Zones).

1.    Antennas. Panel and omni-directional antennas shall be painted a color matching the tower so as to blend into the existing tower.

2.    Equipment Enclosures. See subsection (A)(3) of this section.

E.    Collocation on Existing Monopoles and Lattice Towers (Residential Zones).

1.    Antennas. Panel and omni-directional antennas shall be no greater in height than 10 feet. However, panel, whip, microwave dish, and omni-directional antennas which are for emergency services, emergency notification services or emergency support services may extend more than 10 feet above an existing lattice or monopole tower as approved by the director. On monopole towers, the antenna array and mount, if any, shall extend no further from the centerline of an existing monopole than 15 feet measured horizontally. On lattice towers, the antennas shall extend no further than 10 feet, measured horizontally, from the portion of the lattice tower to which the antennas are mounted. Existing monopole and lattice towers, and any additional equipment collocated thereon, shall be painted a natural, nonreflective color that blends into the natural and built surroundings where it is located.

2.    Support Structure. All monopole and lattice towers upon which collocation is permitted shall be screened through the planting of at least five evergreen trees of a minimum height of 20 feet tall and of a species approved by the director. Existing trees of equal or greater height within 30 feet of the monopole may be used to fulfill this requirement. Said trees shall be spaced around the pole in such a manner that the maximum screening effect is achieved. Said trees shall be planted within 30 feet of the monopole and maintained in a healthy condition at all times. In the event that any such tree shall become diseased or suffer other mortality, it shall be replaced with a tree meeting the requirements of this subsection.

3.    Equipment Enclosures. See subsection (A)(3) of this section.

4.    Setbacks. New equipment enclosures associated with new WCFs collocated upon existing monopoles or lattice towers shall be placed no closer to existing residential uses than any existing equipment enclosure on the subject property, or as approved by the director.

F.    Existing Monopole and Lattice Towers.

1.    Any monopole or lattice tower existing within the city as of June 16, 1998, shall comply with the standards set forth in subsection (A)(4) of this section within 12 months of June 16, 1998. Collocation on existing monopoles and lattice towers shall be permitted. However, the height of said towers shall not be increased.

2.    Any existing monopole or lattice tower (as defined in subsection (F)(1) of this section) may be replaced on the same parcel with a lattice tower of the same or smaller dimensions or a new monopole. The new monopole tower must comply with subsection C of this section. However, the height of the new monopole may be the same as the tower being replaced or the height prescribed in subsection (C)(2) of this section, whichever is higher. (Ord. 2110 § 2 (Exh. B), 2013; Ord. 1885 § 1, 2002; Ord. 1733 § 7, 1998).

12.11.080 Collocation – Covenant of good faith.

A.    All new monopole towers, and any pre-existing monopole or lattice towers, owned by a licensed carrier, upon which this chapter permits collocation of additional WCFs, shall be made available for use by the owner or initial user thereof, together with as many other licensed carriers as can be technically collocated thereon. However, nothing in this chapter shall prevent such licensed carrier from charging a reasonable fee for the collocation of additional WCFs upon said tower which does not exceed the fair market value for the space occupied.

B.    All licensed carriers shall cooperate with each other in collocating additional WCFs upon such towers. All licensed carriers shall exercise good faith in collocating with other licensed carriers and in the sharing of towers, including the sharing of technical information to evaluate the feasibility of collocation. In the event that a dispute arises as to whether a licensed carrier has exercised good faith in allowing other licensed carriers to collocate upon its tower, the city may require a third party technical study to evaluate the feasibility of collocation at the expense of either or both licensed carriers. This covenant of good faith and fair dealing shall be a condition of any permit issued pursuant to this chapter for a new monopole tower.

C.    Any licensed carrier which allows collocation upon a tower permitted pursuant to this chapter may condition said collocation to assure that the collocated WCF does not cause electronic or radio-frequency interference with its existing WCF. In the event that the collocated licensed carrier is unable to remedy the interference, the owner of the tower shall be relieved of its obligation to allow collocation of the interfering WCF upon its structure. (Ord. 2110 § 2 (Exh. B), 2013; Ord. 1733 § 7, 1998).

12.11.090 Recovery of city costs.

A.    Each permit granted pursuant to this chapter shall contain a condition which requires the permittee to reimburse the city for all direct and indirect expenses reasonably incurred in connection with the modification, amendment, or transfer of the permit.

B.    Each permittee shall be required to reimburse the city for all direct and indirect expenses not otherwise covered by permit application fees reasonably incurred while reviewing, inspecting, and supervising the construction, installation, and/or maintenance of a WCF authorized by a permit granted pursuant to this chapter.

C.    Costs incurred by the city in response to any emergency at the WCF shall be included within the reimbursable expenses set forth in this section. (Ord. 2110 § 2 (Exh. B), 2013; Ord. 1733 § 7, 1998).

12.11.100 Maintenance of facilities.

Each permittee shall maintain its WCF in a good and safe condition and to preserve its original appearance and concealment, disguise, or camouflage elements incorporated into the design at the time of approval and in a manner which complies with all applicable federal, state, and local requirements. Such maintenance shall include, but not be limited to, such items as painting, repair of equipment, and maintenance of landscaping. (Ord. 2110 § 2 (Exh. B), 2013; Ord. 1733 § 7, 1998).

12.11.110 Modification.

Any proposed change or addition to any WCF shall require the issuance of a new WCF permit, pursuant to the requirements of this chapter. This provision shall not apply to routine maintenance of a WCF, nor to the replacement of any portion of the WCF with similar equipment, as described in BMC 12.11.050. (Ord. 2110 § 2 (Exh. B), 2013; Ord. 1733 § 7, 1998).

12.11.120 Testing of WCFs required – Radio frequency radiation.

All licensed carriers shall demonstrate that the WCF complies with FCC regulations by submitting a copy of the non-ionizing electromagnetic radiation (NIER) report with any WCF permit application and a revised NIER report with any update of facilities that increases NIER. (Ord. 2110 § 2 (Exh. B), 2013; Ord. 1733 § 7, 1998).

12.11.130 Testing of WCFs required – Noise emissions.

A.    Each licensed carrier shall conduct tests necessary to demonstrate compliance with all applicable local regulations regarding the noise emissions of the WCF. All such tests shall be performed by or under the supervision of a qualified acoustical consultant competent to perform such tests and interpret the data gathered.

B.    All licensed carriers shall submit a report, certified by a qualified acoustical consultant, setting forth the observed noise levels at the property line of the property upon which the WCF is located. The report shall account for background noise and other noise sources and demonstrate the noise levels emitted by the WCF, including any air conditioning or ventilation equipment contained therein.

C.    Compliance reports shall be required on a biennial basis.

D.    The city may retain a technical expert in environmental noise measurement to verify the noise measurements and certification. The cost of such a technical expert shall be borne by the licensed carrier.

E.    This section shall not apply to any WCF that does not contain air conditioning equipment. (Ord. 2110 § 2 (Exh. B), 2013; Ord. 1733 § 7, 1998).

12.11.140 Security.

All WCFs shall be protected from unauthorized use through appropriate means approved by the director on a case-by-case basis consistent with the purpose of protecting the public health, safety, and welfare. (Ord. 2110 § 2 (Exh. B), 2013; Ord. 1733 § 7, 1998).

12.11.150 Abandonment of WCFs.

A.    The owner or operator of all WCFs shall, on an annual basis, submit a written report to the city, signed under penalty of perjury, which demonstrates whether or not there has been a cessation in use of the WCF for a period of three months during the prior year. Annual compliance reports shall be submitted by January 1st of each calendar year; provided, however, that a WCF permitted and installed within nine months prior to January 1st shall not be required to submit an annual compliance report until the following January 1st.

B.    Any WCF that has had no antenna mounted upon it for a period of six months, or if the antenna(s) mounted thereon is not operated for a period of three months, shall be considered abandoned, and the owner thereof shall remove the WCF within 90 days after receipt of a notice from the city to do so.

C.    In the event that more than one wireless communication service provider is using the antenna support structure, the antenna support structure shall not be considered abandoned until all such users cease using the structure as provided in this section.

D.    If a WCF and associated equipment are not removed within 90 days after receipt of a notice from the city requiring said removal, the city may seek and obtain a court order directing such removal and imposing a lien upon the real property upon which such WCF is situated in an amount equal to the cost of removal. (Ord. 2110 § 2 (Exh. B), 2013; Ord. 1733 § 7, 1998).

12.11.160 Signs.

No permittee shall place or allow to be placed signs, symbols, flags, or banners attached to, painted, or inscribed upon any WCF. A permittee may place not more than one sign measuring 18 inches by 12 inches upon or near the WCF which: (1) states that trespassers will be prosecuted (if applicable); (2) lists the names and telephone numbers of persons to be contacted in the event of an emergency; (3) identifies the permittee or person responsible for operating the WCF; and/or (4) contains information necessary and convenient for the permittee or person operating the WCF to identify the WCF. Nothing in this section shall be construed to prohibit the placement of safety or warning signs upon any portion of the WCF which are required by law or which are designed to apprise emergency response personnel and the employees and agents of WCF providers of particular hazards associated with equipment located upon the WCF. (Ord. 2110 § 2 (Exh. B), 2013; Ord. 1733 § 7, 1998).

12.11.170 Revocation or termination of permit.

In addition to the remedies and process set forth in Chapter 11.20 BMC, a permit issued pursuant to this chapter may be revoked for the following reasons:

A.    Construction and/or maintenance operation of a WCF at an unauthorized location;

B.    Construction or operation of a WCF in violation of any of the terms and conditions of this chapter or the conditions attached to the permit;

C.    Misrepresentation or lack of candor by or on behalf of an applicant, permittee, or wireless communications service provider in any application or written or oral statement upon which the city substantially relies in making the decision to grant, review or amend any permit pursuant to this chapter;

D.    Abandonment of a WCF as set forth in this chapter;

E.    Failure to relocate or remove facilities as required in this chapter; or

F.    Failure to promptly cure a violation of the terms or conditions of the permit. (Ord. 2110 § 2 (Exh. B), 2013; Ord. 1733 § 7, 1998).

12.11.180 Notice and duty to cure.

In the event that the city believes that grounds exist for revocation of a permit, the permittee shall be given written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the permittee a reasonable period of time not exceeding 30 calendar days to furnish evidence:

A.    That corrective action has remedied the violation or noncompliance;

B.    That rebuts the alleged violation or noncompliance; and/or

C.    That it would be in the public interest to impose some penalty or sanction less than revocation. (Ord. 2110 § 2 (Exh. B), 2013; Ord. 1733 § 7, 1998).

12.11.190 Hearing.

A.    In the event that a permittee fails to provide evidence reasonably satisfactory to the city as provided in BMC 12.11.180, the city shall refer the apparent violation or noncompliance to the hearing body. The hearing body shall provide the permittee with notice and a reasonable opportunity to be heard concerning the matter and a public hearing shall be conducted.

B.    Within 10 calendar days of completion of the hearing, the hearing body shall issue a written decision revoking the WCF permit or imposing such lesser sanctions as may be deemed appropriate under the circumstances.

C.    In making its decision, the hearing body shall apply the following factors:

1.    Whether the misconduct was egregious;

2.    Whether substantial harm resulted;

3.    Whether the violation was intentional;

4.    Whether there is a history of prior violations of the same or other requirements;

5.    Whether there is a history of overall compliance; and

6.    Whether the violation was voluntarily disclosed, admitted or cured. (Ord. 2110 § 2 (Exh. B), 2013; Ord. 1733 § 7, 1998).