Chapter 17.154
WIRELESS COMMUNICATIONS FACILITIES

Sections:

17.154.010    Purpose.

17.154.020    Definitions.

17.154.030    Exemptions.

17.154.040    Permitted locations.

17.154.050    General provisions.

17.154.060    Site development standards – Review process.

17.154.070    Co-location.

17.154.080    Facility removal.

17.154.090    Electromagnetic field (EMF) standards compliance.

17.154.100    Supplemental application requirements.

17.154.120    Fees.

17.154.010 Purpose.

This chapter regulates the location and appearance of personal wireless communications facilities (PWCFs). It provides siting opportunities through a range of locations and options, which minimize safety hazards, visual impacts, and noise impacts associated with such facilities. The siting of PWCFs on existing buildings or structures, co-location of several providers’ facilities on a single support structure, and visual impact mitigation measures are encouraged and/or required to maintain neighborhood appearance and reduce visual clutter in the city. This chapter is subject to periodic review and revision in accordance with the Comprehensive Plan. (Ord. 1052 § 1, 1998).

17.154.020 Definitions.

(1) “Abandonment” or “abandoned” means to cease operation for a period of 90 or more consecutive days.

(2) “Antenna(s)” means any system of electromagnetically tuned wires, poles, rods, reflecting discs or similar devices used to transmit or receive electromagnetic waves between terrestrial and/or orbital based points, which includes, but is not limited to:

(a) Whip antenna(s): An omni‑directional antenna, which transmits and receives radio frequency signals in a 360-degree radial pattern, typically four inches or less in diameter.

(b) Panel antenna(s): A directional antenna which transmits and receives radio frequency signals in a specific directional pattern, typically of up to 120 degrees. These antennas are generally narrow (i.e., less than eight inches wide) and rectangular in shape.

(c) Tubular antenna(s): A hollow tube typically 26 inches, or less, in diameter containing either omni-directional or directional antennas, depending on the specific site requirement. Tubular antennas are often used as a means to mitigate the appearance of antennas on top of light standards and power poles.

(d) Parabolic (or dish) antenna(s): A bowl‑shaped device for the reception and/or transmission of communications signals in a narrow and specific direction.

(e) Ancillary antenna(s): An antenna that is less than 12 inches in its largest dimension and that is not directly used to provide personal wireless communications services. An example would be a global positioning satellite (GPS) antenna.

(3) “Co-location” means the placement and arrangement of multiple providers’ antennas and equipment on a single support structure or equipment pad area.

(4) “Equipment shelter” means the structure associated with a PWCF that is used to house electronic switching equipment, cooling system, and back-up power systems.

(5) “Minor facility” means a wireless communications facility consisting of up to three antennas, each of which is either (a) four feet or less in height for panel antennas; or (b) no more than 26 inches in diameter and no more than eight feet high for tubular antennas; or (c) four inches or less in diameter and no more than 10 feet in length for whip antennas, and associated equipment cabinets which are six feet or less in height and no more than 48 square feet in floor area.

(6) “Personal wireless service facility (PWCF)” means a wireless communications facility for the transmission and/or reception of radio frequency signals associated with personal wireless services, and which may include antennas, equipment shelter or cabinet, transmission cables, a support structure, reception and transmission devices and antennas and temporary or portable service facilities.

(7) “Personal wireless services” means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined in Title 47, United States Code, Section 332 (c)(7)(C).

(8) “Support structure” means any built structure, including any guy wires and anchors, to which antennas and other necessary associated hardware is mounted. Support structures may include the following:

(a) “Monopole towers” typically consist of a single wood or metal pole sunk into the ground and/or attached to a concrete pad.

(b) “Existing nonresidential structure” means existing buildings or structures identified in this chapter to which PWCFs may be attached under certain conditions.

(c) “Guyed towers” consist of a vertical support structure over 100 feet tall constructed of crossed metal strips or bars and steadied by wire guys in a radial pattern around the tower.

(d) “Lattice towers” consist of a vertical support structure constructed of cross metals strips, bars, or braces, forming a tower which has three, four, or more sides. (Ord. 1052 § 1, 1998).

17.154.030 Exemptions.

The following are exempt from the provisions of this chapter and shall be permitted in all zones under an administrative review:

(1) Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC.

(2) Antennas and related equipment no more than three feet in height that are being stored, shipped, or displayed for sale.

(3) Facilities used exclusively for purposes of public safety, such as, but not limited to, police, hospitals, and the regional 911 system.

(4) Wireless radio utilized for temporary emergency communications in the event of a disaster.

(5) Licensed amateur (ham) radio stations.

(6) Satellite dish antennas less than two meters in diameter, including direct to home satellite services, when used as a secondary use of the property.

(7) PWCF which existed on or prior to the effective date of the ordinance codified in this chapter, except that this exemption does not apply to modifications of existing facilities.

(8) Routine maintenance or repair of a PWCF and related equipment (excluding structural work or changes in height or dimensions of antennas, towers, or buildings); provided, that compliance with the standards of this chapter are maintained.

(9) Subject to compliance with all other applicable standards of this chapter, a building permit application need not be filed for emergency repair or maintenance of a personal wireless communications facility until 10 days after the completion of such emergency activity. (Ord. 1052 § 1, 1998).

17.154.040 Permitted locations.

(1) New Towers. New freestanding towers may be located in the general commercial (GC) and general industrial (GI) zoning districts and upon any property containing an existing public use within any zoning district.

(2) Co-location and Minor Facilities. PWCFs may also be placed on the following existing buildings or structures:

(a) Co-location on existing, lawfully established monopole, lattice or guyed towers.

(b) Minor facilities located on existing nonresidential buildings.

(3) PWCFs located on existing light standards and power poles within public rights-of-way; provided, however, that only one PWCF shall be located on any light standard or power pole.

(4) Lattice and guyed towers shall not be permitted in the city. (Ord. 1110 § 3, 2002; Ord. 1052 § 1, 1998).

17.154.050 General provisions.

(1) Principal or Accessory Use. PWCFs may be considered either principal or accessory uses. A different use of an existing structure on the same lot shall not preclude the installation of a PWCF on that lot.

(2) Not Essential Public Facilities. PWCFs are not considered essential public facilities as defined in the Growth Management Act and shall not be regulated or permitted as essential public facilities.

(3) FCC Licensing. The applicant must demonstrate that it is licensed by the FCC, acting on behalf of an FCC-licensed carrier, or that such a license is not required under FCC regulations.

(4) Lot Size. For purposes of determining whether the installation of a PWCF complies with development standards, such as, but not limited to, setback and lot coverage requirements, the dimensions of the entire lot shall control, even though a PWCF is located on a leased portion of a lot.

(5) Signs. No wireless equipment shall be used for the purpose of mounting signs or message displays of any kind, other than safety warnings required by law and identification information convenient to the facility owner not exceeding 12 inches by 18 inches.

(6) Lighting. PWCFs shall not be artificially lighted unless required by the FAA or other applicable authority.

(7) Cumulative Effects. The city shall consider the cumulative visual effects of PWCFs mounted on existing structures and/or located on a given permitted site in determining whether additional permits can be granted so as not to adversely effect the visual character of the city.

(8) City Design Standards. PWCF installations shall comply with all relevant provisions of the city of Stanwood design standards.

(9) Business License. All applicants shall obtain a city of Stanwood business license, if required, prior to issuance of any permits. (Ord. 1052 § 1, 1998).

17.154.060 Site development standards – Review process.

All PWCFs shall be constructed, erected or built in accordance with applicable city ordinances and with the following site development standards:

(1) All PWCFs shall be screened or camouflaged by employing the best available technology. This may be accomplished by use of vegetative screening, compatible materials, location, color, stealth technologies which cause the PWCF to appear to be something other than a PWCF that is already presenting the visual landscape (e.g., grain silos, flag poles, church steeples, trees, etc.). Building-mounted PWCFs shall also comply with the screening standards of Chapter 17.112 SMC.

(2) PWCFs mounted on existing nonresidential buildings and structures or co-located on existing support structures are permitted with an administrative review and a building permit approved by the planning director. For the purposes of Chapter 17.80 SMC, these proposals shall be considered minor development proposals. Such proposals shall be approved if the following conditions are met:

(a) For minor, building-mounted PWCFs, the combined antennas and supporting hardware shall not extend more than 10 feet above the roof structure. Antennas may be mounted to rooftop appurtenances provided they do not extend beyond 10 feet above the roof proper.

(b) For PWCFs located on light standards and power poles, all ancillary equipment must be located underground and only one whip antenna less than 10 feet in height or one tubular antenna less than six feet in height shall be permitted. In the event that an electric utility located upon the power pole requires vertical separation between its electric facilities and the antenna so mounted, the antenna may be raised by a mount to accommodate the separation requirement to an elevation not exceeding an additional 10 feet for power poles less than or equal to 40 feet in height or 15 feet for power poles greater than 40 feet in height or the required separation, whichever is less. Any such mount shall be no greater in diameter than the existing power pole and shall be designed to blend into the colors and textures of the existing power pole. The height of such a replacement pole may be increased to accommodate the utility separation requirements as provided in the preceding sentence.

(c) To the greatest extent possible, antennas shall be camouflaged, located and/or designed to minimize visual and aesthetic impacts to surrounding land uses and structures and shall blend into the existing environment. Panel and parabolic antennas shall be completely screened, camouflaged, or disguised.

(d) Where applicable, antennas shall meet architectural design standards as required in Chapter 17.112 SMC.

(3) New freestanding PWCFs, all nonexempt repair and maintenance, the expansion and/or alteration of existing PWCFs, and all other PWCFs not meeting the criteria for an administrative review under subsection (2) of this section require a conditional use permit to be issued by the city’s hearing examiner. For the purpose of Chapter 17.80 SMC, these proposals shall be considered major development proposals. Such proposals shall conform to the following site development standards:

(a) Monopoles.

(i) No monopole shall exceed 120 feet in height from the natural grade of the site. Height shall be measured from the ground to the highest point on the PWCF. Such facilities shall be located in such a manner that at least 80 percent of the tower is screened by existing buildings or trees. There shall be a minimum of at least 15 existing or newly planted trees evenly spaced within 50 feet of the tower in such a manner that the maximum screening effect is achieved. Any new trees shall be at least 15 feet in height 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.

(ii) Placement of a monopole shall be denied if placement of the antennas on an existing building structure or co-location can provide reasonable opportunities for the provision of personal wireless services.

(iii) A monopole, including the support structure and associated electronic equipment and housing, shall have a minimum setback from the property line(s) equal to the height of the tower. For PWCFs located on lots adjacent to residentially zoned properties, the setback requirement shall be two times the height of the proposed PWCF tower/facility. The hearing examiner may modify these setback standards if the applicant demonstrates that doing so will allow for improved buffering or camouflaging of the PWCF as described in subsection (3)(e) of this section.

(b) Screening – Generally. All PWCFs shall be designed and placed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures so as to:

(i) Use existing site features to screen as much of the total PWCF as possible from prevalent views; and/or

(ii) Use existing site features as a background so that the total PWCF blends into the background with increased sight distances.

(c) Landscaping. In reviewing the proposed placement of a facility on the site and any associated landscaping, the city may condition approval of the application by requiring that the applicant supplement existing trees and mature vegetation to more effectively screen the facility. See also subsection (6)(c) of this section.

(d) Surface Finishes. Support structures, antennas, and any associated hardware shall be painted a nonreflective color or color scheme appropriate to the background against which the PWCF would be viewed from a majority of points within its viewshed. Proposed color or color scheme shall be approved by the city.

(e) Equipment Enclosures. Equipment enclosures shall conform to the following:

(i) All ancillary equipment necessary for the operation of the facility shall be concealed within (A) an existing building; (B) an architecturally compatible addition to an existing building; or (C) a new building which is architecturally compatible with other buildings on the site and adjoining properties. Equipment enclosures shall be constructed so as to minimize visual impact and the surface and/or finish shall be a natural, nonreflective color approved by the director of planning. Buildings or structures with nonmasonry exterior finishing shall be a natural, nonreflective color. Prefabricated concrete and metal structures shall not be permitted unless treated with a facade giving the appearance of masonry or wood siding and approved by the director of planning.

(ii) Screening of PWCF equipment enclosures shall be provided with one or a combination of the following as approved by the city: underground installation (when possible), fencing, walls, landscaping, structures, or topography which will block the view of the equipment shelter as much as practicable from any street and/or adjacent properties. Screening may be located between the enclosure and the above mentioned viewpoints. Landscaping for the purposes of screening shall be maintained in a healthy condition; and

(iii) No wireless enclosure reviewed under this section shall be located within required building setback areas. See Chapters 17.30 through 17.75 SMC.

(f) Criteria for Approval. The following criteria shall apply to all PWCFs for which a conditional use permit is required pursuant to this chapter:

(i) Whether the applicant has demonstrated that visual, noise, and other impacts associated with the proposed facility have been minimized to the maximum extent possible using existing concealment technology, site design, noise abatement techniques, concealment, disguise, camouflage, and/or the use of architecturally compatible improvements to existing and/or new structures, and/or underground placement of ancillary equipment. In evaluating the site design, consideration will be given to whether the facility will blend into the surrounding topography, tree coverage, foliage, and other natural and/or built features and whether locating the facility in alternative locations upon the subject property, or other reasonably available properties, would better conceal the facility;

(ii) Whether the applicant has demonstrated that the design of the proposed facility complies with the purpose and intent of this chapter;

(iii) Whether alternative locations, including other co-locations and alternative support structures, are available for the proposed facility;

(iv) Whether the proposed facility will be compatible with present and potential surrounding land uses;

(v) Whether the beneficial impacts of the proposal outweigh the detrimental impacts of the proposal; and

(vi) Whether approval of the proposed facility would endanger the public health, safety, or general welfare.

(g) Public Hearing. The hearing examiner shall conduct an open public hearing prior to acting on conditional use permit applications under this chapter.

(5) Lattice and guyed towers shall not be permitted in the city.

(6) Security fencing, if used, shall conform to the following:

(a) No fence shall exceed six feet in height;

(b) Security fencing shall be effectively screened from view through the use of appropriate landscaping materials; and

(c) Chain-link fences shall be painted or coated with a nonreflective color, and shall have a minimum three-foot wide area to be planted with approved plant species in a manner that will completely screen the fencing. (Ord. 1110 § 3, 2002; Ord. 1084 § 3, 2000; Ord. 1052 § 1, 1998).

17.154.070 Co-location.

The intent of co-location is to keep the number of PWCFs sites to a minimum as a means to reduce the overall visual effects throughout the community. It is the policy of the city of Stanwood to minimize the number of new support towers and to encourage the co-location of antenna arrays of more than one wireless communication service provider on a single support tower. The city will pursue all reasonable strategies to promote co-location and will act as facilitator to bring about co-location agreements between multiple wireless communication service providers. The following procedures are required to further the intent of PWCF co-location:

(1) All personal wireless service providers shall cooperate with each other in co-locating additional antennas on existing and newly permitted support structures and/or on existing buildings. All personal wireless service providers shall allow co-location on their support structures as long as doing so does not cause substantial radio frequency interference and the co-located provider agrees to pay a reasonable amount as rent to the host provider.

(2) A signed statement indicating that the applicant agrees to allow for the potential co-location of additional PWCF equipment by other providers on the applicant’s structure shall be submitted by the applicant as part of the permit application. If an applicant contends that future co-location is not possible on their structure, they must submit a technical study documenting why it is not possible.

(3) PWCFs proposed for co-location on an existing support facility may be permitted through an administrative review and the issuance of a building permit issued after approval by the planning director; provided, that:

(a) The applicant can document that the existing support facility was lawfully established and is in full compliance with the conditions of its approval, if any.

(b) The notice of the application will be mailed out to surrounding property owners within 300 feet of the property.

(c) No increase in height is proposed.

(4) No new wireless communication support towers may be constructed within one mile of an existing support tower, unless it can be demonstrated to the satisfaction of the hearing examiner that the existing support tower is not available for co-location of an additional wireless communications facility, or that its specific location does not satisfy the operational requirements of the applicant. (Ord. 1110 § 3, 2002; Ord. 1052 § 1, 1998).

17.154.080 Facility removal.

In instances where a PWCF is to be removed, the removal shall be in accordance with the following procedures:

(1) The operator of a PWCF shall notify the city upon the discontinued use of a particular facility. The PWCF shall be removed by the PWCF owner within 180 days of the date the site’s use is discontinued, it ceases to be operational, the permit is revoked, or if the facility falls into disrepair or is abandoned. The site must be restored to its preexisting condition. If the preexisting condition cannot be determined, the site shall be landscaped at a minimum with ground cover. Disrepair of a facility includes structural features or general lack of maintenance which could result in safety impacts.

(2) If the provider fails to remove the facility within 180 days of its discontinued use, the city may cause the facility to be removed at the service provider’s expense. (Ord. 1110 § 3, 2002; Ord. 1052 § 1, 1998).

17.154.090 Electromagnetic field (EMF) standards compliance.

All personal wireless service provides shall demonstrate compliance with applicable FCC standards for EMF emissions. Within one month of completion of construction, and annually thereafter, the service provider shall submit a report which quantifies cumulative field measurements of radio frequency (EMF) power densities of all antennas installed at the subject site and compares the results with established FCC standards. If at any time it is determined that the PWCF does not meet federal standards, the service provider shall immediately cease use of the site and may not reactivate the site until such time as modifications are made which bring the site into compliance with FCC regulations. (Ord. 1052 § 1, 1998).

17.154.100 Supplemental application requirements.

Applications for PWCFs shall be in a form prescribed by the city of Stanwood and shall, in addition to any other information required by the SMC, contain the following information:

(1) Photosimulations of the proposed facility from affected residential properties and public rights-of-way at varying distances;

(2) A site plan clearly indicating:

(a) The location, type and height of the proposed PWCF;

(b) On-site land uses and zoning;

(c) Adjacent land uses and zoning;

(d) Adjacent roadways, proposed means of access, setbacks from property lines;

(e) Elevation drawings of the proposed tower, and any other proposed structures;

(f) A site elevation and landscaping plan indicating the specific placement of the facility on the site;

(g) The location and height of existing structures, trees, and other significant site features;

(h) A complete description of all measures proposed to camouflage the facility including the type and location of plant materials used to screen the facility;

(i) The proposed color schemes for the facility and the method of fencing.

(3) A signed statement indicating that (a) the applicant and landowner agree they will diligently negotiate in good faith to facilitate co-location of additional personal wireless communications facilities by other providers on the applicant’s structure or within the same site location, (b) the applicant and/or landowner agree to remove the facility within 90 days after abandonment, (c) a signed statement from the applicant accepting the ultimate responsibility for the removal of abandoned facilities.

(4) Copies of any environmental documents required by any federal agency in conjunction with the proposal.

(5) A completed SEPA checklist, if necessary.

(6) A current map showing the location and service area of the proposed PWCF, a map showing the locations and service areas of other personal wireless communications facilities operated by the applicant (if applicable) and those proposed by the applicant that are close enough to impact service within the city.

(7) Legal description of the parcel.

(8) The approximate distance between the proposed facility and the nearest residential land use and/or residentially zoned properties.

(9) A letter signed by the applicant stating the PWCF will comply with all FAA regulations and all other applicable federal, state and local laws and regulations.

(10) If the facility is proposed for location in the city right-of-way, evidence of bonding and insurance in amounts prescribed by the city.

(11) Documentation demonstrating compliance with the city of Stanwood surface water requirements. (Ord. 1052 § 1, 1998).

17.154.120 Fees.

The following fees apply when processing a PWCF application:

(1) The city shall establish a base application fee for all PWCF applications. PWCF fees shall be as provided for in SMC 3.30.065.

(2) In addition to the application fee, the applicant shall reimburse the city for costs of professional engineers and other consultants hired by the city to review and inspect the applicant’s proposal when the city is unable to do so with existing in-house staff. These professional services may include but are not limited to: engineering, technical reviews, legal, planning, environmental review, critical areas review, financial, accounting, soils, mechanical and structural engineering. The city may require the applicant to deposit an amount with the city to cover anticipated costs of retaining professional consultants. (Ord. 1052 § 1, 1998).