Chapter 20.80
WIRELESS COMMUNICATION FACILITIES
Sections:
20.80.040 Recognition of industry needs.
20.80.060 Towers shall be designed for co-location.
20.80.080 Other design standards.
20.80.090 When a CUP is required – Criteria.
20.80.100 CUP application requirements.
20.80.120 On-going inspections.
20.80.130 Removal upon abandonment.
20.80.010 Purpose.
The purpose of this section is to facilitate wireless communication, as required by the Telecommunications Act of 1996, while protecting the community from harmful effects, including visual impact. (Ord. 1503 § 2, 2001).
20.80.020 Definitions.
A. “Attached wireless communication facility” means a WCF in which the antenna:
1. Is attached, as an incidental use, to a pre-existing structure such as a building, water tank, utility pole, or WCF tower (see “co-location”); and
2. Is either an omni-directional whip antenna no more than seven inches in diameter and nor more than 16 feet tall, or a panel or parabolic antenna or antenna array no more than 12 square feet in total area.
B. “Co-location” means use of a freestanding WCF site by more than one service provider. Typically, a second antenna array is added to the tower and additional equipment is installed at the base of the tower.
C. “Freestanding WCF” means a WCF in which the antenna is supported by a structure designed for that purpose.
D. “Provider” means wireless communication service provider.
E. “Stealth antenna” means an antenna designed to be invisible to the average observer due to location in buildings, trees, etc., or due to technologies that render objects invisible.
F. “Wireless communication facility (WCF)” means an unstaffed facility for the transmission or reception of radio frequency signals, other than the exempt facilities listed in the following section. A WCF typically includes an antenna or antenna array, an antenna support structure, and an equipment cabinet. (Ord. 1503 § 2, 2001).
20.80.030 Exemptions.
The following shall not be considered WCFs, and shall be exempt from this chapter:
A. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC.
B. Radar systems for military and civilian communication and navigation.
C. Wireless radio facilities for emergency communications in the event of disaster.
D. Licensed amateur (ham) radio antennas.
E. Television antennas and satellite dish antennas for reception within individual homes or businesses.
F. Mobile WCFs, or “cells on wheels,” placed in service for a maximum of one week or during an emergency declared by the city. (Ord. 1503 § 2, 2001).
20.80.040 Recognition of industry needs.
The city recognizes that:
A. In order to cover their service areas, providers require a network of WCFs;
B. The technology operates by line-of-sight transmission; and
C. Individual WCFs making up the network require available sites with road access, electric power, and land-based telephone lines or microwave link capability. (Ord. 1503 § 2, 2001).
20.80.050 Preferences.
In reviewing WCF proposals, the city shall give preference as follows, in descending order. The city shall permit WCFs of lower preference only if WCFs of higher preference cannot be reasonably accomplished.
A. Stealth antennas;
B. WCFs attached to structures other than towers;
C. WCFs attached to (co-located on) existing towers;
D. New freestanding towers. (Ord. 1503 § 2, 2001).
20.80.060 Towers shall be designed for co-location.
Freestanding WCFs shall be designed to accommodate the antennas of at least two providers. Wireless communication providers proposing new freestanding towers shall notify other providers of the potential for co-location on their proposed tower. Providers, lessees, and agents thereof shall cooperate in good faith to accommodate co-location with competitors. If a dispute arises about the feasibility of co-locating, the director may require a third-party technical study at the expense of either or both parties. (Ord. 1503 § 2, 2001).
20.80.070 View protection.
A. In order to protect views of the Mt. Rainier skyline, the location and height of the proposed WCF shall be such that no portion of the WCF is visible against the sky above the ridge or slope running along the east edge of the White (Stuck) River Valley, nor against the backdrop of Mt. Rainier, as viewed from five feet above ground level at any residentially or commercially zoned property in Pacific. Applicants shall demonstrate compliance with this requirement by means of visual simulations.
B. WCFs shall not be subject to the height limits of the various zones, provided that:
1. PMC 20.80.070(A) is complied with;
2. The proposed WCF’s height is the minimum necessary to fulfill the site’s function within the provider’s system and facilitate the proposed number of co-located WCFs.
C. WCFs shall be as visually unobtrusive as possible given available design alternatives. The city may require that towers be painted inconspicuous colors or be located among trees.
D. Attached WCFs shall be architecturally compatible with the structures to which they are attached, and shall be designed to blend in rather than stand out, protrude, or project.
E. No lights or signals shall be permitted on WCF towers unless required by the FCC or FAA.
F. The city shall require landscaping as necessary to screen structures or equipment at the base of a tower from public view. (Ord. 1503 § 2, 2001).
20.80.080 Other design standards.
A. The proposed site shall be superior to other available sites.
B. WCFs shall be set back from property lines in accordance with the requirements of the zones in which they are located.
C. WCFs shall comply with all applicable state and federal standards and regulations, as amended from time to time, including applicable building codes and Electronic Industries Association standards.
D. Providers shall be responsible for the elimination of interference with other communication signals.
E. Freestanding WCFs shall not be speculative, but rather immediately necessary for the proper functioning of the provider’s system.
F. Freestanding WCFs shall be fenced or equipped with anti-climbing devices to exclude unauthorized personnel. In residential zones, the color of chain link fencing shall match the color of the tower.
G. WCFs shall not be located in water body buffers, wetlands, or wetland buffers as defined in the Pacific Municipal Code. (Ord. 1503 § 2, 2001).
20.80.090 When a CUP is required – Criteria.
A. Freestanding WCFs shall be a conditional use in all zones, provided all this chapter’s sections are complied with.
B. Attached WCFs shall be a permitted use in all permitted zones, provided the director finds that the attachment does not violate any requirements or conditions relating to the preexisting structure.
C. A conditional use permit (CUP) shall not be required for a second or subsequent WCF co-locating on a tower provided it complies with the initial conditional use permit and does not increase the height of the tower.
D. If a conditional use permit is required, compliance with this chapter shall constitute criteria in addition to the conditional use permit criteria stated in Chapter 20.20 PMC. (Ord. 1503 § 2, 2001).
20.80.100 CUP application requirements.
In addition to information generally required for conditional use permit (CUP) applications, applications for CUPs for freestanding WCFs shall include:
A. A map(s) of the area to be served by the tower or antenna, showing the proposed facility and other existing WCFs;
B. An evaluation of the prospect of attaching (co-locating) the antennas to existing structures or WCF towers in the vicinity;
C. A signed statement that the applicant will:
1. Diligently negotiate in good faith to co-locate additional WCFs by other providers on the same tower or site; and
2. Remove the facility after abandonment as required by this chapter;
D. A site plan, in plan and elevation view, showing existing and proposed features, including support structure(s), access, landscaping, fencing, lighting, and height and color(s) of the proposed facility;
E. Computerized photo-simulations of the proposed WCF demonstrating compliance with PMC 20.80.070(A);
F. Copies of environmental documents required by any federal agency, including the environmental assessment required by FCC Paragraph 1.1307;
G. A legal description of the parcel;
H. Proof of FCC licensing, if required by the FCC, and proof that the license holder, if not the applicant, has agreed to lease the site from the applicant;
I. Letters from providers that have WCF towers in the area stating that they cannot co-locate the proposed facility on their tower(s); and
J. Other evidence demonstrating compliance with this chapter as required by the director. (Ord. 1503 § 2, 2001).
20.80.110 Third-party review.
In processing a WCF permit application, the city may retain the services of independent technical experts to verify compliance. The applicant shall bear the cost of such technical review. (Ord. 1503 § 2, 2001).
20.80.120 On-going inspections.
The facility operator shall conduct ongoing safety inspections as required by Electronic Industries Association and FCC standards, and shall give copies of inspection reports to the director. (Ord. 1503 § 2, 2001).
20.80.130 Removal upon abandonment.
WCFs shall be removed within one year of cessation of operation for 60 or more consecutive days. If an abandoned WCF is not removed, the city may have it removed at the owner’s expense. (Ord. 1503 § 2, 2001).