Chapter 20.59 WIRELESS COMMUNICATIONS

Chapter 20.59
WIRELESS COMMUNICATIONS

Sections:

20.59.001 Scope and purpose.

20.59.005 Words and phrases defined.

20.59.010 Wireless communication facilities in RS, RM and CMX zones.

20.59.020 Wireless communication facilities in OP, C, M, FAIR and PF zones.

20.59.040 Performance standards.

20.59.001 Scope and purpose.

In addition to the general purposes of the comprehensive plan and the zoning ordinance, this chapter is included to provide for a wide range of locations and options for wireless communication providers and users while minimizing the visually obtrusive characteristics associated with wireless communication facilities, and to encourage creative approaches in location, construction and treatment of such facilities in a manner which reduces the associated adverse visual and aesthetic impacts on the community. (Ord. 2507 § 11, 1997).

20.59.005 Words and phrases defined.

(1) “Accessory antenna device” means an antenna including, but not limited to, test, mobile and global positioning (GPS) antennas, which are less than 12 inches in height or width, excluding the support structure.

(2) “Antenna” means any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio or electromagnetic frequency signals.

(a) “Directional antenna” (also known as “panel” antenna) means an antenna which transmits and receives radio frequency signals in a specific directional pattern of less than 360 degrees.

(b) “Omni-directional antenna” (also known as a “whip” antenna) means an antenna which transmits and receives radio frequency signals in a 360-degree radial pattern.

(c) “Parabolic antenna” (also known as a “dish” antenna) means an antenna which is a bowl-shaped device for the reception and/or transmission of radio frequency communication signals in a specific directional pattern.

(d) “Stealth antenna” means an antenna installed inside a nonantenna structure, or camouflaged to appear as a nonantenna structure.

(3) “Equipment shelter or cabinet” means a room, cabinet or building used to house equipment for utility or service providers.

(4) “Facility” means an unstaffed site containing structural improvements for the transmission and reception of low-power radio signals consisting of antennas, support structure, equipment shelter or cabinet, or related equipment.

(5) “Facility location” may include placement of facilities in one or more of the following manners:

(a) “Attached facility” means a facility that is affixed to an existing structure such as a building or water tower, and is not considered a component of the attached wireless communication facility.

(b) “Co-location facility” means a single-support structure such as a building, monopole or lattice tower to which more than one wireless communications provider mounts equipment.

(c) “Freestanding facility” means a facility which includes a separate support structure, including but not limited to monopoles, lattice towers, wood poles or guyed towers.

(6) “Related equipment” means all equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable, conduit and connectors.

(7) “Transmission tower (support structure)” means a freestanding structure, other than a building, on which communication devices are mounted. Support structure types include, but are not limited to, monopoles, lattice towers, wood poles or guyed towers.

(a) “Guyed tower” means a support structure, consisting of metal cross strips or bars, which is steadied by wire guys in a radial pattern around the tower.

(b) “Lattice tower” means a support structure consisting of metal cross strips or bars to support antennas and related equipment.

20.59.010 Wireless communication facilities in RS, RM and CMX zones.

Wireless communication facilities permitted as principal or accessory uses are subject to the provisions of this chapter and the following requirements:

(1) Accessory antenna devices, parabolic antennas two feet in diameter or less, omni-directional antennas less than six feet in length, directional antennas five feet or less in height with a combined surface area of not more than 580 square inches as viewed from any one point, and stealth antennas are permitted subject to the performance standards set forth in PMC 20.59.040 and subject to meeting the following criteria:

(a) The antenna is attached to an existing structure; and

(b) The antenna does not extend more than 10 feet above the top of the structure.

(2) Freestanding parabolic antennas greater than two feet in diameter and associated support structure are subject to the performance standards set forth in PMC 20.59.040 and subject to meeting the following criteria:

(a) The antenna and associated support structure are not located within any required landscaped setbacks, front or side yard setback, or in the area located between the front setback line and the front of the building; and

(b) The antenna and associated support structure does not extend more than 10 feet above the adjoining grade.

(3) Attached or freestanding antennas and associated support structures which are not specifically permitted under subsection (1) or (2) of this section or which exceed the associated criteria shall comply with the following requirements:

(a) The antenna and support structure shall be subject to the maximum building height for the corresponding zone in which it is located as set forth in PMC 20.20.020(9) for RS-zoned property, PMC 20.25.020(8) for RM-zoned property and Chapter 20.31 PMC (building form standards, maximum specified height) for CMX-zoned property; said height restriction shall not be subject to granting of a variance;

(b) The antenna and associated support structure shall not be located within any required landscaped setback, front or side yard setback, or in the area located between the front setback line and the front of the building;

(c) The antenna and associated structure shall comply with required building setbacks and shall be set back from the required side yard setback an additional one foot for each foot of height over 10 feet;

(d) The antenna and associated structure shall comply with the performance standards set forth in PMC 20.59.040; and

(e) No more than one freestanding support structure shall be permitted per lot. (Ord. 2954 § 16, 2010; Ord. 2507 § 11, 1997).

Example of Wireless Communication Facilities Located in RS, RM and CMX Zones

20.59.020 Wireless communication facilities in OP, C, M, FAIR and PF zones.

Wireless communication facilities permitted as principal or accessory uses, or by conditional use permit, are subject to the provisions of this chapter and the following requirements:

(1) Facilities as an Accessory Use in OP, C, M, FAIR and PF Zones. The following facilities are permitted as accessory uses in OP, C, M, FAIR or PF zones subject to compliance with the performance standards set forth in PMC 20.59.040 and the following requirements:

(a) Attached accessory antenna devices, parabolic antennas two feet or less in diameter, omni-directional antennas six feet or less in length, directional antennas five feet or less in height with a combined surface area of not more than 580 square inches as viewed from any one point, and stealth antennas, and not extending more than 15 feet above the roof surface of the structure;

(b) Attached parabolic antennas greater than two feet in diameter, omni-directional antennas greater than six feet in length, and directional antennas greater than five feet in height with a combined surface area of more than 580 square inches as viewed from any one point shall also comply with the following requirements:

(i) The antenna and associated support structure shall be set back two feet from any exterior building wall for every one foot of height measured from the surface of the roof, except when incorporated as an architectural feature of the building or screened from view from any public right-of-way or residential zone;

(i) The antenna and associated support structure are not located within any required landscaping, front or side yard setback, or in the area located between the front setback line and the front of the building;

(ii) The antenna and associated support structure does not extend more than 10 feet above the adjoining grade; and

(iii) The antenna and associated support structure is screened from view from any public right-of-way or residential zone in accordance with the screening requirements for exterior mechanical devices set forth in PMC 20.28.045(1) in OP zones, PMC 20.30.045(1) in C zones, PMC 20.35.035(1) in M zones, PMC 20.37.020(2) in FAIR zones and PMC 20.44.045(1) in PF zones.

Example of Parabolic Antenna Size, Placement, and Screening in OP, C, M, FAIR and PF Zones

(2) Facilities as a Permitted Use in OP, C, M, FAIR and PF Zones. The following facilities are permitted as a primary use in an OP, C, M, FAIR and PF zone subject to compliance with the performance standards set forth in PMC 20.59.040 and the following requirements:

(a) Attached accessory antenna devices, parabolic antennas two feet or less in diameter, omni-directional antennas six feet or less in length, and directional antennas five feet or less in height with a combined surface area of not more than 580 square inches as viewed from any one point, and stealth antennas, and not extending more than 15 feet above the roof surface of the structure;

(b) Attached parabolic antennas greater than two feet in diameter, omni-directional antennas greater than six feet in length, directional antennas greater than five feet in height with a combined surface area of more than 580 square inches as viewed from any one point, and stealth antennas shall also comply with the following requirements:

(ii) The antenna and associated support structure complies with the maximum building height provisions and corresponding setbacks for buildings in the zone in which the antenna and structure are located, except as follows:

(A) If the associated support structure can be screened from view from public rights-of-way and residential zones by existing buildings or vegetation as determined by the community development director or designee, the corresponding setback may be reduced; and

(iii) The equipment shelter or cabinet is screened from view from any public right-of-way or residential zone in accordance with the screening requirements for exterior mechanical devices set forth in PMC 20.35.035.

(3) Facilities as a Conditional Use in OP, C, M, FAIR and PF Zones. Freestanding antennas and associated support structures which exceed the maximum permitted building height, or encroach within required setbacks for the zone in which the antenna and structure are located except as permitted in subsection (2)(c)(ii)(A) of this section, or are not able to comply with one or more of the performance standards set forth in PMC 20.59.040 are only allowed upon issuance of a valid conditional use permit pursuant to Chapter 20.80 PMC. (Ord. 2954 § 17, 2010; Ord. 2528 §§ 1, 2, 1997; Ord. 2507 § 11, 1997).

Example of Freestanding Monopoles/Towers in OP, C, M, FAIR and PF Zones

20.59.040 Performance standards.

The following special requirements and performance standards shall apply to any wireless communication structure or facility:

(1) Facility Preference. Proposed antennas, associated structures and placement shall be evaluated, based on available technologies, for approval and use in the following order of preference:

(a) Stealth antennas;

(b) Attached facilities, only when subsection (1)(a) cannot be reasonably accomplished;

(d) Freestanding facilities which extend no more than 15 feet above adjacent existing vegetation or structures, only when subsections (1)(a), (1)(b) or (1)(c) cannot be reasonably accomplished; or

(e) Freestanding facilities which extend more than 15 feet above adjacent existing vegetation or structures, only when subsections (1)(a) through (1)(d) cannot be reasonably accomplished.

If the applicant chooses to construct new freestanding facilities, the burden of proof shall be on the applicant to show a facility of a higher order of preference cannot reasonably be accommodated on the same or other properties. The city reserves the right to retain a qualified consultant at the applicant’s expense, to review the supporting documentation for accuracy;

(2) Co-Location. Shared use of support structures and other associated facilities by multiple parties is encouraged. Prior to city approval of any new freestanding transmission tower:

(a) The applicant shall provide proof of inability to locate on existing tower facilities in the immediate vicinity due to the following:

(i) Refusal of the tower owner to provide space at a fair rate of compensation; or,

(ii) The existing tower location or configuration is incompatible with the applicant’s system.

(b) The applicant shall provide proof of notification and an offer of co-location opportunities to other service providers. As a condition of city approval of any new freestanding transmission towers, the applicant shall comply with the following requirements:

(i) The applicant shall agree to sign and record with the Pierce County auditor’s office, a legally binding agreement limiting any co-location costs assessed to other carriers to a pro rata share of the ground lease, site acquisition cost, design, capital costs for construction of the tower including associated permitting costs, and reasonable maintenance, repair and replacement costs; and

(ii) The applicant shall size, design and construct the transmission tower and related equipment to accommodate future co-location, and shall ensure the availability of adequate space to accommodate associated equipment shelters/cabinets;

(3) Critical Areas. No antenna shall be located in a critical area or associated buffer required by the city’s environmentally critical areas management ordinance (Chapter 21.06 PMC), except when determined to be exempt pursuant to Article IV of said ordinance;

(4) State and Federal Preemption. Federal law prohibits consideration of environmental effects of radio frequency emissions to the extent that the proposed facilities comply with the Federal Communications Commission regulations concerning emissions. All other city regulations shall apply unless specifically preempted by state or federal authority;

(5) Visual Impacts. Wireless communication facilities shall be located and installed in such a manner so as to minimize the visual impact on the skyline and surrounding area in the following manner:

(a) Antennas may not extend more than 10 feet in RS, RM and CMX zones and 15 feet in all other zones, above their supporting structure, monopole, lattice tower, building or other structure, or surrounding vegetation;

(b) Site location and development shall preserve the pre-existing character of the surrounding buildings, land use and the zone district to the extent possible, while maintaining the function of the communications equipment. Wireless communication facilities shall be integrated through location, siting and design to blend in with the existing characteristics of the site through application of the following measures:

(i) Existing on-site vegetation shall be preserved insofar as possible or improved, and disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the site to the surrounding area;

(ii) Location of facilities close to structures or vegetation of a similar height;

(iii) Location of facilities toward the center of the site, and location of roof-mounted facilities toward the interior area of the roof, in order to minimize view from adjacent properties and rights-of-way;

(iv) Location of facilities within interior side and rear yards; and

(v) Incorporation of the antenna, associated support structure and equipment shelter as a building element or architectural feature;

(c) Related equipment facilities used to house wireless communications equipment shall be located within buildings or placed underground when possible. When they cannot be located in buildings or placed underground, equipment shelters or cabinets shall be screened. Alternate methods for screening may include the use of building or parapet walls, sight-obscuring fencing and/or landscaping, screen walls or equipment enclosures; and

(d) Wireless communication facilities and related equipment facilities shall be of neutral colors such as white, gray, blue, black or green, or similar in building color in the case of facilities incorporated as part of the features of a building, unless specifically required to be painted another color by a federal or state authority. Wooden poles are not required to be painted;

(6) Signage. No signage, message or identification other than the manufacturer’s identification is allowed to be portrayed on any antenna, and permitted identification shall not exceed 10 percent of the surface area, and no signage or advertising shall be allowed above the height of the perimeter fencing except for the manufacturer’s identification described above;

(7) Lighting and Security. Wireless communication facilities shall not be illuminated except for security reasons or unless required by a federal or state authority. Building-mounted lighting and aerial-mounted floodlighting shall be shielded from above in such a manner that the bottom edge of the shield shall be below the light source. Ground-mounted floodlighting or light projecting above the horizontal plane is prohibited between midnight and sunrise. All lighting, unless required by the Federal Aviation Authority (FAA) or other federal or state authority, shall be shielded so that the direct illumination is confined to the property boundaries of the light source;

(8) Noise. No equipment shall be operated so as to produce noise in violation of Chapter 6.16 PMC (Noise Control);

(9) Minor Modifications. Minor modifications to existing wireless communication facilities, including the installation of additional antenna, for which a valid conditional use permit exists, may be approved by the community development director or designee, provided it is determined there is minimal or no change in the visual appearance and said modifications comply with the performance standards set forth in this chapter; and

(10) Abandonment or Obsolescence. Any wireless communication facility shall be removed by the facility owner or authorized agent within six months of the date it ceases to be operational or if the facility falls into disrepair. “Disrepair,” as used in this section, refers to a facility or structure which has become so damaged or deteriorated on account of age, the elements, wear and tear, or other cause, that it has become a threat to public safety or would constitute a public nuisance as defined in the Puyallup Municipal Code. (Ord. 2954 § 18, 2010; Ord. 2507 § 11, 1997).