Chapter 17.70
WIRELESS COMMUNICATIONS FACILITIES (WCFs)
Sections:
17.70.020 Relationship to other ordinances.
17.70.040 Permits and exemptions.
17.70.050 Application materials.
17.70.070 Large satellite dish antenna(s)—Development standards.
17.70.080 Amateur radio towers—Development standards.
17.70.090 Broadcast and relay towers—Development standards.
17.70.100 Wireless communications facilities—Development standards.
17.70.110 General siting criteria.
17.70.010 Purpose.
The purpose of this chapter is to establish development regulations for the siting of wireless communications facilities (WCFs) and to assure that the siting of WCFs is accomplished in a manner that will protect the public health, safety, and welfare of the citizens of Brewster by promoting the goals of this chapter.
The goals of this chapter are to:
A. Provide a range of locations in a variety of zones and options for siting;
B. Provide clear performance standards for addressing the siting of WCF;
C. Encourage location of WCFs on existing structures, including utility poles, signs, water towers, buildings and on other WCFs where feasible;
D. Encourage co-location and site sharing of new and existing WCF;
E. Facilitate the use of public property and structures for siting of WCF;
F. Streamline and expedite permitting procedures in accordance with the intent of state and federal law;
G. Enhance the ability of providers of personal communications services to provide such service quickly, effectively and efficiently;
H. Require adherence to state and federal environmental laws;
I. Ensure air traffic safety for local aviation users, and the general public;
J. Allow siting flexibility of WCFs while protecting residential zones from obtrusive nonresidential structures. (Ord. 770 § 1 (part), 2005)
17.70.020 Relationship to other ordinances.
A. Where allowed by law, this chapter shall supersede all conflicting requirements of other codes and ordinances regarding location and permitting of WCF, except shorelines, environmental regulations and specific franchises.
B. Franchise. Nothing in this chapter is intended to provide for a franchise, license or permit for the installation of wireless communications facilities within the public rights-of-way. Franchise agreements remain the discretion of the Brewster city council. (Ord. 770 § 1 (part), 2005)
17.70.030 Definitions.
A. “Antenna(s) or antenna array” means any system of electromagnetically tuned wires, poles, rods, panels, discs or similar devices used to transmit or receive electromagnetic waves between terrestrial and/or orbital based points; includes, but is not limited to, radio antennas, television antennas, satellite dish antennas, and cellular antennas. The antenna array does not include the support structure (defined below):
1. Omni-directional (or “whip”) antennas which transmit and receive radio frequency signals in a three-hundred-sixty-degree radial pattern. For the purpose of this chapter, omni-directional antennas are up to fifteen feet in height and up to six inches in diameter;
2. Directional (or “panel”) antennas which transmit and receive radio frequency signals in a specific directional pattern of less than three hundred sixty degrees; and
3. Parabolic (or “dish”) antennas which are bowl-shaped devices for the reception and/or transmission of communications signals in a specific directional pattern.
B. “Attached WCF” shall mean an antenna that is attached to an existing building or structure (attachment structure), which structures shall include but not be limited to utility poles, signs, water towers, with any accompanying pole or device (attachment device) which attaches the antenna to the existing building or structures and associated connection cables and an equipment facility which may be located either inside or outside of the attachment structure. An attachment structure shall not include an existing or proposed WCF.
C. “Broadcast or relay tower” shall mean a freestanding support structure, attached antenna(s), and related equipment intended for transmitting, receiving or retransmitting commercial radio, television, telephone, cellular, or other communications services. This includes, but is not limited to, lattice towers, guy towers, and monopoles.
D. “Cellular communications facility” shall mean any unstaffed facility for the transmission of radio frequency signals and includes antennas, equipment shelters, and other equipment necessary to provide wireless transmission and reception utilizing cellular technology for various wireless communication systems including cellular phones, personal communication systems (PCS), paging, and similar systems.
E. “Co-location/site sharing” shall mean use of a common WCF or common site by two or more wireless license holders, or by one wireless license holder for more than one type of communications technology and/or placement of a WCF on a structure owned and operated by a utility or other public entity.
F. “Equipment facility/shelter” shall mean any structure used to contain ancillary equipment for a WCF which includes cabinets, shelters, a build-out of an existing structure, pedestals and other similar structures.
G. “FCC” or “Federal Communications Commission” shall mean the federal administrative agency, or lawful successor, authorized to regulate and oversee communications carriers, services and providers on a national level.
H. “Microcell” shall mean a wireless communications facility consisting of an antenna that is either:
1. Four feet in height and with an area of not more than five hundred eighty square inches; or
2. If a tubular antenna, no more than four inches in diameter and no more than six feet in length.
I. “Personal wireless services” shall mean commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations.
J. “Personal wireless services facilities” shall mean facilities for the provision of personal wireless services.
K. “Reception window obstruction” shall mean a physical barrier which would block an electromagnetic signal.
L. “Satellite dish antenna(s)” shall mean a type of antenna(s) and supporting structure consisting of a solid, open mesh, or bar configured reflective surface used to receive and/or transmit radio frequency communication signals. Such an apparatus is typically in the shape of a shallow dish, cone, horn, or cornucopia. There are generally two sizes of antenna:
1. “Large satellite dish” shall mean any satellite dish antenna(s) whose diameter is greater than one meter in residential zones or two meters in industrial or commercial zones.
2. “Small satellite dish” shall mean any satellite dish antenna(s) whose diameter is less than or equal to one meter located in any zoning district or two meters within industrial or commercial zones.
M. “Stealth design or technology” means a wireless facility that mimics something in the surrounding landscape, such as trees, flag poles, etc., and is unrecognized as a tower or antennas. The design is intended to be compatible with the environmental and cultural character of the surrounding area.
N. “Support structure” shall mean a structure designed and constructed specifically to support an antenna array, and may include a monopole, self-supporting (lattice) tower, guy-wire support tower and other similar structures. Any device (attachment device) which is used to attach an attached WCF to any existing building or structure (attachment structure) shall be excluded from the definition of and regulations applicable to support structures.
O. “Temporary wireless communications facility” shall mean a WCF to be placed in use for ninety or fewer days, is not deployed in a permanent manner, and does not have a permanent foundation.
P. “Tower” or “wireless communications tower” shall mean any built structure, including any guy wires and anchors, constructed for the purpose of support of antennas or antenna or to serve as an antenna. This includes, but is not limited to, lattice towers, guy towers, monopoles and attached antennas.
Q. “Tower, guyed” shall mean a tower that is supported, in whole or in part, by wires and ground anchors.
R. “Tower, lattice” shall mean a type of tower that is self-supporting with multiple legs and cross bracing of structural metal.
S. “Tower, monopole” shall mean a type of tower mount that is self-supporting through a single shaft usually constructed of wood, metal or concrete.
T. “Wireless communications facility(ies) (WCF(s))” shall mean any unstaffed facility for the transmission and reception of radio or microwave signals used for commercial communication. A wireless communications facility provides services which include cellular telephone, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, other mobile radio services, and any other service provided by wireless common carriers licensed by the Federal Communications Commission (FCC). A wireless communications facility may be attached to an existing structure or a freestanding tower. A wireless communications facility consists of antenna(s) and related equipment and may include an equipment enclosure, screening, or a support structure. (Ord. 770 § 1 (part), 2005)
17.70.040 Permits and exemptions.
A. Permits Required. Unless otherwise provided herein, it is unlawful for a person or individual, company, corporation or association or any other entity to construct, alter, transform, or add to a wireless communications facility (WCF) without first obtaining a permit in compliance with the provisions of this chapter. A WCF permit shall not be valid at any address or property other than the one appearing on the permit.
1. Building Permits. A building permit is required for all wireless communications facilities unless specifically exempted under subsection (B) of this section, Exemptions.
2. Wireless Communications Facility Permits. A communications facility permit (Type IIA) is required for all wireless communications facilities, except for wireless communications facilities which co-locate on an existing broadcast and relay tower, where adequate provisions for antennas and ground-mounted equipment exist. In such case only a building permit shall be required. All information listed in Section 17.70.050(A) through (H) shall be submitted along with a completed wireless communications facility permit application form.
3. Combined Review. Communication facilities regulated under this chapter which are proposed in conjunction with a site plan approval application for industrial, commercial or residential development shall not be required to obtain separate building permit approval or separate communications facility permit approval. However, communications facilities will be reviewed according to the same criteria outlined in this section and all information required in Section 17.70.050(A) through (H) shall be submitted with the application for the associated land use permit.
4. Expiration. A WCF permit shall expire at the end of two years for where lack of construction and lack of operation for said facility indicate no measurable progress on the permitted project.
B. Exemptions. The following antenna(s) shall be exempt from this chapter:
1. Small satellite dish antenna(s).
2. VHF and UHF receive-only television antenna(s) designed to receive television broadcast signals with a maximum height of fifteen feet above the highest peak of an existing or proposed roof.
3. Low-powered networked communications facilities such as microcell radio transceivers located on existing utility poles and light standards within the public right-of-way. “Low-powered” refers to those facilities with maximum transmitter peak output power that does not exceed one watt and is less than fourteen inches by sixteen inches by eight inches with an antenna no greater than thirty inches in height above the highest part of the existing pole or light standard.
4. Normal, routine, and emergency maintenance and repair of existing wireless communications facilities and related equipment which does not alter the location of the facility, increase the height, size, footprint, or bulk of such facilities and which otherwise complies with city, state and federal law and regulations.
5. Military, federal, state and local government communication towers used for navigational purposes, emergency preparedness, and public safety purposes.
C. Summary of Required Permits.
1. A building permit only is required for the following WCF:
a. Amateur send and receive citizen band radio antennas (not intended for commercial purposes) under seventy feet in height, operated by federally licensed amateur radio operators.
b. Industrial, scientific and medical equipment using frequencies regulated by the Federal Communications Commission.
c. Wireless communications facilities which co-locate on an existing broadcast and relay tower, where adequate provisions for antennas and ground-mounted equipment exist.
d. Temporary WCFs for a term not to exceed ninety days, with a possible ninety-day extension, with approval from the building official. The use of temporary wireless communications facilities such as a cell on wheels (COW) or an antenna on a bucket truck, crane, or other device capable of reaching the height necessary to evaluate the site for placement of a wireless communications facility. Such temporary facilities may only be utilized on a short-term basis for the purpose of evaluating the technical feasibility of a particular location for placement of a wireless communications facility or for providing communications during an emergency.
2. Building permit and WCF permit is required for all WCFs not listed in subsection (C)(1) of this section. (Ord. 770 § 1 (part), 2005)
17.70.050 Application materials.
In addition to the requirements of Section 17.70.040, the submittal of a completed building permit application form and/or a wireless communications permit application, the applicant shall supply the following information at the time of application for a WCF; except, that applicants for temporary WCF permits need only submit a building permit application and items listed in subsections (A) through (D) of this section and amateur radio towers and large satellite dish antenna applicants shall submit a building permit application and items in subsections (A) through (D) and subsection (G) from the list below.
A. If the applicant is not the owner of the property, a copy of the preliminary lease agreement is required to be provided with the application. A copy of the final agreement shall be submitted prior to issuance of a building permit for the structure.
B. Proof of adequate financial insurance and a legal instrument crafted to indemnify and hold harmless the city of Brewster in the event of tower failure or other catastrophic event associated with WCF shall be required.
C. A vicinity map showing the location of the proposal and the properties within one-half mile of the subject property (said map shall be no larger than eleven by seventeen inches).
D. A full site plan shall be required for all wireless communications facilities, showing the location, the specific placement of all structures including the tower/antenna on the site, the type and height of the proposed tower/antenna, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed facility, the location of existing structures, trees, and other significant site features, the type and location of plant materials used to screen the facility, fencing, proposed color(s), and any other proposed structures. Site plans may be submitted on paper larger than eleven by seventeen inches; provided, an eleven-by-seventeen-inch set must accompany the larger plans.
E. Color photo simulations showing the proposed site with a photo-realistic representation of the proposed wireless communications facilities including any proposed tower or antenna as it would appear viewed from the closest property and from adjacent roadways.
F. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the governing authority that no existing tower or structure can accommodate the applicant’s proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant’s proposed antenna may consist of any of the following:
1. No existing towers or structures are located within the geographic area required to meet applicant’s engineering requirements.
2. Existing towers or structures are not of sufficient height to meet applicant’s engineering requirements.
3. Existing towers or structures do not have sufficient structural strength to support applicant’s proposed antenna and related equipment.
4. 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.
5. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
6. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
G. Written technical evidence and statement from an engineer(s) that the:
1. Tower is capable of supporting additional wireless communications facilities comparable in weight, size, and surface area to the communications facilities installed by the applicant on the proposed tower; and
2. Construction and placement of the proposed tower and wireless communications facilities will not interfere with licensed public safety communications and the usual and customary transmission or reception of radio, television, or other communications services enjoyed by adjacent residential and nonresidential properties.
H. A written statement by the applicant stating that the tower:
1. And wireless communications facilities will comply with all FAA regulations and EIA standards and all other applicable federal, state and local laws and regulations; and
2. Will accommodate co-location of additional antennas for future users. If accommodation of future co-location is not proposed, information must be submitted with the application detailing why future co-location is not possible.
I. At the time of site selection, the applicant shall demonstrate how the proposed site fits into its overall communications network within the city. This shall include a service area coverage chart for the proposed tower and communications facilities that depicts the extent of coverage and corresponding signal quality at the proposed tower height.
J. Copies of any environmental documents required by any federal agency, if available. These shall include the environmental assessment required by FCC Para. 1.1307, or, in the event that an FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment.
K. A completed SEPA checklist shall be submitted with all applications not categorically exempt under RCW 43.21C.0384, as the same now exists or may hereafter be amended. (Ord. 770 § 1 (part), 2005)
17.70.060 General development standards for all WCFs, broadcast and relay towers, satellite dishes, and amateur radio towers.
The development standards in this section address setback and other site-specific location factors. For purposes of determining whether installation of a WCF complies with the development standards in this chapter, the dimensions of the entire lot shall control, unless the WCF is proposed to be located on a separately described leased parcel within such lot.
A. Principal or Accessory Use. WCFs may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of a WCF on such lot.
B. Building Code. To ensure the structural integrity of WCF, wireless communications facilities shall be designed and certified by an engineer to be structurally sound and, at a minimum, be constructed in conformance with the building code and any other standards set forth in this section.
C. Legal Access. All WCFs proposed to locate and operate within the city must possess and provide proof of legal access onto a publicly owned street as a condition of approval.
D. All landscaping on a parcel of land containing a wireless communications facility shall be in accordance with the applicable landscaping requirements for the zoning district where the wireless communications facility is located and the standards outlined in this chapter. Existing vegetation on the site of a wireless communications facility shall be preserved to the extent possible or be supplemented to provide vegetative screening.
E. Applicants are encouraged to use “stealth” techniques in the design of wireless communications facilities. “Stealth” techniques relate to siting strategies and technological innovations designed to enhance compatibility with adjacent land uses by designing structures to resemble other features in the surrounding environment. “Stealth” techniques include architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and towers designed to resemble light poles, power poles, flag poles, street standards, steeples, or trees, etc.
F. Minimum Setbacks. Setback requirements for facilities subject to this chapter shall be measured from the base of the structure or tower to all property lines of the parcel of land on which it is located.
1. Except as provided elsewhere in this chapter, facilities subject to this chapter shall not be located within any required front, side, or rear yard setback areas or within any easements not established for the placement of said WCF.
2. Additional setbacks for various facilities are specified in the development standards for each type of facility.
3. Attached WCFs are exempt from the setback standards of this chapter. An attached WCF may extend up to five feet horizontally beyond the edge of the attachment structure so long as the attached WCF maintains a five-foot setback from the nearest property line of the adjoining parcel.
4. Support structures and equipment facilities shall, at a minimum, comply with the setback requirements for the underlying zone within which it is located; provided, that all such structures shall maintain a twenty-five-foot setback from any property line adjacent to residentially zoned property and a minimum setback of fifty-five feet as measured from the centerline of a public street.
5. A clear-view triangle shall be maintained at all intersecting public or private streets, driveways, and/or curb cuts for vision safety purposes based upon AASHTO Guidelines from “A Policy on Geometric Design of Highways and Streets,” 1990 Edition, as now exists or may be hereafter amended, which is hereby adopted by this reference.
G. Minimum Lot Size. There shall be no minimum lot size requirement for WCF; provided, the lot proposed for the facility contains sufficient size and shape to accommodate the required setback provisions of this chapter.
H. Fencing. Any fencing required for security shall meet the general fencing requirements of the city.
I. Height. The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily.
J. Illumination. Facilities subject to this chapter shall not be artificially lighted, except for:
1. Security and safety lighting of equipment buildings and support structures if such lighting is appropriately down-shielded to keep light within the boundaries of the site; and
2. Any lighting of the WCF that may be required by the Federal Aviation Administration or other applicable authority shall be installed in such a manner to minimize impacts on adjacent residences. In instances when a strobe type light is required by the FAA, said strobe light shall be white with no more than a three-second maximum allowable “off” phase.
K. No facility subject to this chapter shall be used in such a manner to support or display any outdoor signage or banners for any commercial or advertisement purposes.
L. Aviation Review Standards. Proposed telecommunication devices, structures or objects shall be reviewed to ensure they do not penetrate any of the airspace surfaces on or near Anderson Field General Aviation Facility, per the standards established in the Anderson Field Airport Layout Plan and Federal Aviation Administration (FAA) requirements, as the same exists now or may hereafter be amended.
M. Federal Requirements. All wireless communications facilities shall meet or exceed the standards and regulations of the Federal Aviation Administration (FAA), the Federal Communication Commission (FCC) and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, the owner of any telecommunication facility governed by this chapter shall bring such facility into compliance with such revised standards and regulations within six months of the effective date of the standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the facility at the owner’s expense. (Ord. 770 § 1 (part), 2005)
17.70.070 Large satellite dish antenna(s)—Development standards.
A. Standards for All Zoning Districts. The following standards shall be applied to all proposed large satellite dish antenna(s).
1. Mountings and satellite dishes should be no taller than the minimum required for the purposes of obtaining an obstruction-free reception window.
2. To the extent technically feasible, specific paint colors may be required to allow the large satellite dish and mounting structures to blend better with its setting.
3. Screening of all large satellite dish antenna(s) shall be provided with one or a combination of the following methods: fencing, walls, landscaping, structures, or topography which will block the view of the antenna(s) as much as practicable from any street and from the yards and main floor living areas of residential properties within approximately five hundred feet. Screening may be located anywhere between the antenna(s) and the above-mentioned viewpoints. Landscaping for the purposes of screening shall be maintained in healthy condition.
4. Construction plans and final construction of the mounting bases of all large satellite dish antenna(s) shall be approved by the city building department.
5. Aluminum mesh dishes should be used whenever possible instead of a solid fiberglass type.
B. Additional Standards in Residential Zones—Large Satellite Dish Antenna(s).
1. Only one large dish satellite antenna shall be allowed on each property.
2. Large satellite dish antenna(s) shall not be mounted on roofs.
3. Large satellite dish antenna(s) shall not exceed twelve feet in diameter and fifteen feet in height, including their bases.
4. A solid visual screen (ninety percent solid or more) using a combination fencing, walls, or landscaping shall be provided as high as the center of the dish when viewed from off the site. Above the center of the dish, the screening should be fifty percent solid or more to the top of the antenna(s) when viewed from off the site. Evergreen plants shall be used to accomplish year-round screening, and shall be large enough at installation to meet appropriate screening standards.
C. Additional Standards in Nonresidential Zones—Large Satellite Dish Antenna(s). Antenna(s) may be either roof-mounted or ground-mounted.
1. Ground-Mounted.
a. Ground-mounted antenna(s) shall not exceed twelve feet in diameter and fifteen feet in height.
b. From the time of installation, ground-mounted antenna(s) shall be solidly screened (ninety percent or more) using a combination of fencing, walls, or landscaping as high as the center of the dish when viewed from off the site. Solid screening shall be provided as high as the dish if the proposed location abuts an adjoining residential zone.
2. Roof-Mounted.
a. Roof-mounted large satellite antenna(s) shall not exceed twelve feet in diameter and fifteen feet in height, including their bases. Height shall be measured from the roof line to the highest point of the antenna.
b. Roof-mounted antenna(s) should be placed as close to the center of the roof as possible. If the dish is still visible from any point within approximately five hundred feet as viewed from ground level, additional screening shall be required to supplement the screening provided by the roof itself. If the dish is not visible from five hundred feet or less, no additional screening will be necessary.
c. Roof-mounted antenna(s) shall be solidly screened at least as high as the center of the dish. The screening shall be of a material and design compatible with the building, and can include penthouse screening, parapet walls, or other similar screening. (Ord. 770 § 1 (part), 2005)
17.70.080 Amateur radio towers—Development standards.
A. Development Standards for All Zoning Districts.
1. Mountings and amateur radio towers should be no taller than the minimum required for the purposes of obtaining an obstruction-free reception window.
2. To the extent technically feasible and in compliance with safety regulations, specific paint colors may be required to allow the tower to blend better with its setting.
3. Screening of the bases of ground-mounted amateur radio towers shall be provided with one or a combination of the following methods: fencing, walls, landscaping, structures, or topography which will block the view of the antenna(s) as much as practicable from any street and from the yards and main floor living areas of residential properties within approximately five hundred feet. Screening may be located anywhere between the base and the above-mentioned viewpoints. Landscaping for the purposes of screening shall be maintained in a healthy condition. Bases of amateur radio towers shall be solidly screened by a view-obscuring fence, wall, or evergreen plantings at least six feet in height.
4. Construction plans and final construction of the mounting bases of amateur radio towers covered by this section shall meet the structural design requirements of this section and shall be approved by the city building department.
5. Amateur radio towers may be ground or roof-mounted; however, ground-mounted towers must be located at a point farthest from lot lines as feasible.
B. Additional Standards in Residential Zones—Amateur Radio Towers.
1. Towers shall not be constructed or used for commercial purposes.
2. The height of a ground-mounted tower may not exceed seventy feet unless a proposal demonstrates that physical obstructions impair the adequate use of the tower. Telescoping towers may exceed the seventy-foot height limit only when extended and operating.
3. The combined structure of a roof-mounted tower and antenna(s) shall not exceed a height of twenty feet above the existing roofline.
4. Ground-mounted towers shall be located at a point farthest from lot lines as feasible, or the point farthest from residential structures on abutting properties.
5. Applications shall document that the proposed tower and any mounting bases are designed to withstand wind and seismic loads as established by the Uniform Building Code. (Ord. 770 § 1 (part), 2005)
17.70.090 Broadcast and relay towers—Development standards.
A. Development Standards for All Zoning Districts.
1. The applicant shall demonstrate that the proposed location was selected pursuant to the siting criteria of Section 17.70.110. Placement of a broadcast and relay tower shall be denied if an alternative placement of the antenna(s) on a building or other existing structure can accommodate the communications needs. Applications shall be required to provide documentation that reasonable efforts to identify alternative locations were made.
2. Owners and operators of a proposed broadcast and relay tower shall provide information regarding the opportunity for the co-location of other antenna(s) and related equipment. If feasible, provision for future co-location may be required.
3. Broadcast and relay towers shall be set back from each lot line at least one hundred percent of the height of the proposed tower. This setback may be reduced to fifty percent of the height of the proposed tower if said tower is located more than one hundred feet from a public street and the applicant submits an engineering report certifying that the tower is designed to collapse upon failure and would fall within the distance between the proposed tower and the property line of the property upon which it is located. Said report shall be prepared by a professional engineer registered in the state of Washington.
4. Extensions, antennas, and arms attached to broadcast and relay towers and/or antennas shall not exceed eight feet in length horizontally as measured from the center diameter of the tower.
5. The base of a ground-mounted broadcast and relay tower shall be screened with fencing, walls, landscaping, or other means such that the view of the antenna(s) base is blocked as much as practicable from any street and from the yards and main living floor areas of surrounding residentially zoned properties. The screening may be located anywhere between the antenna(s) and the above-mentioned viewpoints. Landscaping that qualifies for the purpose of screening shall be maintained in a healthy condition. The perimeter of a broadcast and relay tower and any guyed wires/anchors shall be enclosed by a fence or wall at least six feet in height.
6. To the extent technically feasible and in compliance with safety regulations, the broadcast and relay tower and any supporting structure and equipment facility should be designed using materials, colors, and textures that will blend the facility to the natural and built environment.
7. A Washington-licensed professional engineer shall certify in writing, over his or her seal, that both construction plans and final construction of the broadcast and relay radio towers are designed to reasonably withstand wind and seismic loads as established by the Uniform Building Code.
B. Additional Standards in Commercial Zones—Broadcast and Relay Towers.
1. Broadcast and relay towers are permitted in all commercial districts.
2. The combined broadcast and relay tower and antenna(s) shall not extend more than a maximum of seventy feet in height. A height bonus of fifteen feet may be allowed by the approval authority when co-location is specifically provided for on the broadcast and relay tower.
C. Additional Standards in Residential Zones—Broadcast and Relay Towers. Broadcast and relay towers are not permitted in R-1 and R-2 residential districts.
D. Additional Standards in Industrial Zones—Broadcast and Relay Towers. The combined height of a broadcast and relay tower and antenna(s) located in an industrial zone shall not exceed eighty feet except when co-location is specifically provided for, then the broadcast and relay tower shall not exceed ninety feet.
E. Additional Standards in Public Use Zones—Broadcast and Relay Towers. Broadcast and relay towers are only permitted within portions of a public use district area that are not open to the general public. (Ord. 882 § 1, 2016; Ord. 770 § 1 (part), 2005)
17.70.100 Wireless communications facilities—Development standards.
A. Development Standards for All Zoning Districts. The following standards shall be applied to all wireless equipment, such as antenna(s) and equipment shelters, exclusive of the broadcast and relay tower. Wireless monopoles, lattice and guy towers, and existing pole structures extended in height are regulated by the subsections that govern broadcast and relay towers, Section 17.70.090.
1. Placement of a freestanding wireless communications facility shall be denied if placement of the antenna(s) on an existing structure can accommodate the operator’s communications needs. The co-location of a proposed antenna(s) on an existing broadcast and relay tower or placement on an existing structure shall be explored and documented by the operator in order to show that reasonable efforts were made to identify alternate locations.
2. Maximum Height for Attached WCF. Attached WCFs shall not add more than twenty feet to the height of the existing building or structure to which it is attached. Attached WCFs are permitted in all zoning districts subject to specific limitations enumerated elsewhere in this chapter.
3. Location of wireless communication antenna(s) on existing buildings or other structures shall be screened or camouflaged to the greatest practicable extent by use of shelters, compatible materials, location, color, and/or other stealth techniques to reduce visibility of the antenna(s) as viewed from any street or residential property.
4. Screening of wireless equipment shall be provided with one or a combination of the following materials: fencing, walls, landscaping, structures, or topography which will block the view of the antenna(s) and equipment shelter as much as practicable from any street and from the yards and main floor living areas of residential properties within approximately five hundred feet. Screening may be located anywhere between the base and the above-mentioned viewpoints. Landscaping for the purposes of screening shall be maintained in a healthy condition.
5. Construction plans and final construction of the mountings of wireless antenna(s) and equipment shelters shall be approved by the city building department. Applications shall document that the proposed WCF and mounting bases are designed to reasonably withstand wind and seismic loads.
B. Additional Development Standards in Nonresidential Zones—Wireless Communications Facilities. Associated above-ground equipment shelters shall not exceed two hundred forty square feet (e.g., twelve by twenty feet) unless operators can demonstrate that more space is needed. A solid visual screen (ninety percent solid or more) shall be created around the perimeter of the shelter. Operators shall consider undergrounding equipment if technically feasible or placing the equipment within an existing structure. Above-ground equipment shelters for antenna(s) located on buildings shall be located within, on the sides or behind the buildings and screened to the fullest extent possible. Screening of exterior shelters shall provide colors and materials which blend with surrounding structures. (Ord. 770 § 1 (part), 2005)
17.70.110 General siting criteria.
A. Siting criteria for wireless communications facilities are necessary to encourage the siting of those facilities in locations most appropriate based on land use compatibility, neighborhood characteristics, and aesthetic considerations and the demand for wireless communications facilities by the citizens of Brewster. No general siting criteria are necessary for satellite dishes or amateur radio towers because these facilities are allowed within all zoning districts.
B. Generally, co-location on existing broadcast and relay towers is encouraged by fewer standards and less complex permit procedures. Further, attachment of antenna(s) to existing nonresidential structures and buildings primarily within industrial and commercial zoning districts is preferable to broadcast and relay towers or monopoles.
C. New broadcast and relay towers shall be minimized by co-locating wireless facilities on existing towers. New broadcast and relay towers are most appropriately located in the following zoning districts in the following order of preference: HI, C-2, and C-1.
D. Wireless Communications Facilities. The following sites shall be considered by applicants as the preferred order for location of proposed wireless facilities including antenna(s), equipment, and equipment shelters. As determined feasible, and in order of preference, the sites are:
1. Existing Broadcast and Relay Towers. On any existing site or tower where a legal wireless telecommunication facility is currently located regardless of underlying zoning.
2. Industrial Zoning. Structures or sites used exclusively for industrial and manufacturing uses within the heavy industrial district (HI) zone. These are areas of more intensive land uses where a full range of public facilities are expected.
3. Publicly Used Structures. Attached to existing public facilities such as water towers, utility structures, fire stations, bridges, and other public buildings within all zoning districts not utilized primarily for recreational uses.
4. Commercial and Public Facilities Sites. Structures or sites used for retail, commercial, and office uses. These are areas of more intensive land uses where a full range of public facilities are expected. These zones in order of priority are C-2, C-1.
5. Residential Zones. Structures which are not used for residential purposes such as institutional structures and other nonresidential sites and structures may be considered for the installation of attached WCFs where the installation complies with all FCC regulations and standards.
6. Residential Structures. Wireless communications facilities attached to residential structures are not permitted in any residential zoning district. (Ord. 770 § 1 (part), 2005)
17.70.120 Abandonment.
If any wireless telecommunication facility shall cease to be used for a period of three hundred sixty-five consecutive days, the department of community development shall notify the owner, with a copy to the applicant, that the site will be subject to a determination that such site has been abandoned. The owner shall have thirty days from receipt of said notice to show, by a preponderance of the evidence, that the wireless telecommunication facility has been in use or under repair during the period. If the owner fails to show that the wireless telecommunication facility has been in use or under repair during the period, the city council shall issue a determination of abandonment for the site. Upon issuance of the final determination of abandonment, the owner shall, within ninety days, dismantle and remove the wireless telecommunication facility. If such facility is not removed within said ninety days, the city may remove the facility at the expense of the property owner. If there are two or more users of the facility, this provision shall not become effective until all users cease using the facility. (Ord. 770 § 1 (part), 2005)
17.70.130 Fees.
A. Wireless Communications Permit Fees. In addition to the building permit application and associated fee, any person required to apply for a wireless communications permit under this chapter shall submit an application for approval to the administrator on forms as required by the administrator. The fees for such applications are described below:
1. Permit Application Fee. The wireless communications permit application shall be accompanied by a base filing fee as established by resolution of the city council from time to time, which fee shall be paid at the time of submitting the application. No application shall be deemed complete unless such application has been submitted and the base fees paid.
2. Engineering Fees. In addition to the fees expressly provided in this section, the applicant shall reimburse the city for the actual costs of all engineering fees incurred by the city in processing the application. The applicant shall become obligated to pay and shall reimburse the city for these fees as the fees are incurred by the city. In no event shall the applicant receive permit approval for the wireless communications facility until all such fees have been paid. (Ord. 770 § 1 (part), 2005)