Chapter 17.59


17.59.005    Purpose.

17.59.010    Applicability.

17.59.020    Exemptions.

17.59.030    Criteria.

17.59.005 Purpose.

The purpose of this chapter is to establish appropriate locations, site development standards, and permit requirements to allow for wireless communication services, in a manner which will facilitate the location of various types of wireless communication facilities in permitted zoning districts so they are consistent with the character of the city. Minimizing the adverse visual impact of these facilities is one of the primary objectives of this chapter. This chapter is intended to allow wireless communication facilities and small cell facilities/towers as provided in CMC 17.18.020, District use chart, which are sufficient to provide adequate service. (Ord. 1264 § 1 (Exh. A), 2017; Ord. 1138 § 1 (Exh. A), 2008).

17.59.010 Applicability.

The provisions of this chapter apply to zoning districts identified in Chapter 17.18 CMC, District Use Chart. (Ord. 1264 § 1 (Exh. A), 2017; Ord. 1138 § 1 (Exh. A), 2008).

17.59.020 Exemptions.

The following are exempt from the provisions of this chapter:

A. Amateur radio antenna operated by a federally licensed amateur radio operator, provided such antenna height does not exceed 100 percent of distance from base of antenna or support structure to nearest property line, or 15 feet above the existing or proposed roof line, whichever is greater.

B. A temporary, commercial wireless communication facility, for the purpose of providing coverage of a special event, subject to approval by city, and subject coverage shall comply with all applicable state and federal regulations. Said wireless communication facility may be exempt from the provisions of this chapter two days prior to special event and two days after special event.

C. VHF and UHF receive-only television antenna(s), provided they do not exceed 15 feet above the existing or proposed roof line.

D. Telecommunication facilities within public road right-of-way, provided such facility or structure is not located within a clear view triangle and the structure does not exceed a height of 42 inches.

E. Temporary radar systems for military communication and navigation.

F. Wireless radio or other temporary WCF utilized for temporary emergency communications in the event of a disaster.

G. Satellite dish antennas less than three and one-half feet in diameter and no greater than 15 feet in height, including direct-to-home or business satellite service, when used as an accessory use on a property.

H. Routine maintenance or repair of a WCF or related equipment, provided the following:

1. There is no increase in the number of antennas.

2. There is no increase in the height of the antenna support structure.

3. There are no added structures either on ground or attached to tower. (Ord. 1264 § 1 (Exh. A), 2017; Ord. 1138 § 1 (Exh. A), 2008).

17.59.030 Criteria.

A. Co-Location. Applicant shall design, orient, construct, and operate wireless communication facilities (WCFs) or small cell facility/tower so as to facilitate sharing facilities with other utilities, to co-locate with other existing WCFs and to accommodate the co-location of future WCFs, where technically, practically and economically feasible. Co-location will be a requirement of approval unless the applicant submits a demonstration that supports, to the satisfaction of the approving authority, the conclusion that sharing space on existing facilities is not technically, practically or economically feasible or possible based on one or more of the following factors:

1. Available space on existing facilities. (WCFs are prohibited on city decorative lights);

2. The facility owner’s ability to lease necessary space;

3. The facility’s structural capacity;

4. Geographic service area requirements;

5. Mechanical or electrical incompatibilities;

6. Any state or federal limitation on facility or structural sharing.

B. WCF support structures shall be located on the lot or license area so that the distance from the base of the tower or structure to any property line, license area boundary or adjacent/support structure is at least 100 percent of the proposed structural height.

C. Ground level buildings/structures shall be screened from view by landscape plantings, fencing, or other appropriate means. Required landscape plantings shall be installed around the perimeter of the required security fence.

1. A wall, slatted chain link fence, or wooden fence no less than six feet in height from the finish grade shall be provided around WCF. Access to the tower shall be through a locked gate via knox box.

2. At least one parking stall shall be provided in accordance with Chapter 17.54 CMC for maintenance and repairs.

3. Equipment structures mounted on the roof shall be screened to match existing wall finish similar to the exterior building walls.

D. Lighting of WCF is allowed. All lights shall be downlighting, and shielded and be incorporated into the design of the WCF. To contain the impacts of unsafe lighting and light pollution, the city prohibits the following unless otherwise required by FAA or state or federal regulations:

1. Floodlights, searchlight, beacons, and lasers source light fixtures.

2. Neon lighting.

3. Lighting which creates hazards to pedestrian and traffic safety, and which is a nuisance to surrounding properties because of excessive glare or light production.

4. Blinking, flashing, animated or moving lights.

E. No advertising or display shall be located on any antenna support structure, antenna or security fencing. The owner of the antenna array shall place an identification plate indicating the name of the wireless service provider and a telephone number for emergency contact on site. Subject identification plate shall not exceed one and one-half square feet in size.

F. The owner of the WCF shall notify the city when the tower is no longer operating as part of a wireless communication system authorized and licensed by the FCC. Within six months of the date the facility ceases to operate as part of an authorized system, the facility must be removed from the site.

G. The applicant shall submit proof that the service provider has legal access to the proposed site/tower.

H. The applicant shall submit a compliance letter signed by the applicant stating the support structure will comply with all applicable federal, state, local regulations and laws.

I. Applicant shall submit copies of any FCC licenses required under FCC regulations for the provisions of service within the county/city.

J. All providers shall attest to and demonstrate compliance with FCC and Washington State laws relating to noninterference of emergency 911 regulations. (Ord. 1264 § 1 (Exh. A), 2017; Ord. 1138 § 1 (Exh. A), 2008).