Chapter 17.28
WIRELESS COMMUNICATION FACILITIES (WCF)
Sections:
17.28.030 Exemptions and emergency repair.
17.28.050 Project application review.
17.28.070 Site development standards.
17.28.090 Application requirements.
17.28.100 Permit limitations and reservations.
17.28.010 Purpose.
This chapter addresses the location and appearance of wireless communication facilities (WCF). It provides adequate siting opportunities through a range of locations and options that minimize the visual impacts associated with wireless communications technologies. The siting of facilities on existing buildings or structures, collocation of several providers’ facilities on a single support structure or site, and visual mitigation measures are encouraged to maintain neighborhood appearance and reduce visual clutter in the city. (Ord. 1006 § 1 (Exh. A) (part), 2020: Ord. 923 § 1 (part), 2012: Ord. 874 § 7 (part), 2010. Formerly 17.90.010).
17.28.020 Definitions.
(a) “Antenna” 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.
(b) “Collocation” means the placement and arrangement of multiple providers’ antennas and equipment on a single support structure or equipment pad area.
(c) Wireless Communication Facility (WCF). “Personal wireless service facility” or “wireless communication facility” or “wireless facility” or “facility” means a wireless communication facility that is for the transmission and/or reception of radio frequency signals and which may include antennas, equipment shelters or cabinets, transmission cables, a support structure to achieve the necessary elevation, and reception and transmission devices and antennas.
(d) “Personal wireless services” means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined in 47 USC 332(c)(7)(C).
(e) “Freestanding support structure,” or “support structure,” or “freestanding WCF” means any built structure, including any guy wires and anchors, to which antennas and other necessary associated hardware are mounted. (Ord. 923 § 1 (part), 2012: Ord. 874 § 7 (part), 2010. Formerly 17.90.020).
17.28.030 Exemptions and emergency repair.
(a) The following are exempt from the provisions of this chapter and shall be permitted in all zones:
(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 for purposes of public safety, such as, but not limited to, police and the regional 911 systems;
(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) Wireless communication facilities which legally existed or had a vested application 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) Subject to compliance with all other applicable standards of this chapter, a building permit application shall be filed for emergency repair of a personal wireless service facility within thirty days after the completion of such emergency activity; and
(9) City-owned and operated facilities used for purposes of city utilities management, including but not limited to police, fire, public works and parks and recreation functions.
(b) Routine maintenance or repair of a personal wireless service facility and related equipment (excluding structural work or changes in height or dimensions of antennas, towers, or buildings) is allowed; provided, that compliance with the standards of this chapter is maintained. (Ord. 1006 § 1 (Exh. A) (part), 2020: Ord. 923 § 1 (part), 2012: Ord. 874 § 7 (part), 2010. Formerly 17.90.030).
17.28.040 WCF locations.
(a) Nonresidential Zoning Districts. WCFs that require a new freestanding support structure may be located in any of the following types of zoning districts, as they exist now or in the future, within the city, subject to the following conditions:
(1) CH—Commercial, Highway. Permitted with Type V (conditional use permit);
(2) IL—Industrial, Light. Permitted with Type V review (conditional use permit);
(3) WCF tower installations are not allowed closer than six hundred feet to residential zoning;
(4) WCF tower installations are not allowed within the flight path of the airstrip, defined as follows: from a width of two hundred fifty feet at east end of runway, fanning uniformly to a width of one thousand five hundred feet along Garfield Avenue.
(b) Residential Districts. WCFs are not allowed in any of the residential zoning districts. (Ord. 923 § 1 (part), 2012: Ord. 874 § 7 (part), 2010. Formerly 17.90.040).
17.28.050 Project application review.
All WCF applications requesting the construction of a new freestanding support structure shall require a Type V conditional use permit, as specified in Title 16A. (Ord. 923 § 1 (part), 2012: Ord. 874 § 7 (part), 2010. Formerly 17.90.050).
17.28.060 General provisions.
(a) FCC Licensing. The applicant must demonstrate that it is licensed or registered by the FCC, with license required prior to issuance of a building permit.
(b) Lot Size. For purposes of determining whether the installation of a wireless telecommunications facility complies with zoning district development standards, such as, but not limited to, setback and lot coverage requirements, the dimensions of the entire lot shall control, even though a wireless telecommunications facility may be located on a leased parcel within that lot.
(c) Signs. No wireless telecommunications equipment shall be used for the purpose of mounting signs or message displays of any kind.
(d) Lighting. Wireless facilities shall not be artificially lighted unless required by the FAA or other applicable authority.
(e) Permanent Mounting Required. All commercial wireless telecommunications facilities shall be installed, erected, or mounted in a manner that is intended to be permanent. Temporary and mobile commercial facilities are not allowed.
(f) Environmental Review. Any freestanding WCF that exceeds sixty feet in height above ground level at site requires appropriate environmental review under the State Environmental Policy Act (SEPA), including but not limited to SEPA checklist or other review or study deemed appropriate by the lead agency. (Ord. 1006 § 1 (Exh. A) (part), 2020: Ord. 923 § 1 (part), 2012: Ord. 874 § 7 (part), 2010. Formerly 17.90.060).
17.28.070 Site development standards.
All WCFs shall be constructed, erected or built in accord with site development standards, as established by applicable FCC and FAA regulations and any conditional use permit. (Ord. 1006 § 1 (Exh. A) (part), 2020: Ord. 923 § 1 (part), 2012: Ord. 874 § 7 (part), 2010. Formerly 17.90.070).
17.28.080 Collocation.
The intent of collocation is to encourage several providers to use the same structure or site to keep the number of wireless facilities sites to a minimum as a means of reducing the overall visual effects throughout the community. (Ord. 923 § 1 (part), 2012: Ord. 874 § 7 (part), 2010. Formerly 17.90.080).
17.28.090 Application requirements.
Applications for a WCF shall be on a form prescribed by the city of Connell. Applications shall be processed in accord with this title as presently constituted or hereafter amended. In addition to the information required by the city of Connell, the applicant must provide any combination of site plans, maps, surveys, technical reports, or written narratives that operate to convey all of the following information:
(1) Photo simulations of the proposed facility, from one thousand feet to the east, west, north, and south;
(2) A copy of any lease or license which includes a provision that:
(a) The applicant and landowner agree they will allow collocation of additional WCFs by other providers on the applicant’s structure or within the same site location; and
(b) The applicant and landowner agree to be bound by the terms of this chapter and applicable law.
(3) If the proposal is the installation of a freestanding facility for antenna heights less than one hundred feet above existing structures within one-quarter mile, the applicant shall demonstrate in writing that the placement of the antennas on an existing structure cannot meet the applicant’s technical and network location requirements;
(4) Copies of any environmental documents required by any federal or state agency, including the city if applicable. These shall include compliance with FCC rules, Title 47 CFR, or State Environmental Policy Act (SEPA) if required by the city;
(5) A full site plan shall be required for all sites, showing the tower, antenna, antenna support structure, building, fencing, buffering, access, fall zone, and all other items required in this chapter. The site plan shall clearly indicate the location, the specific placement of the facility on the site, the type and height of the proposed WCF, 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. The site plan shall not be required if the antenna is to be mounted on an existing structure;
(6) A current map showing the location and service area of the proposed WCF, and a map showing the locations and service areas of other WCFs operated by the applicant and those proposed by the applicant that are close enough to impact service within the city;
(7) A legal description of the parcel(s) and parcel number(s);
(8) The distance between the proposed tower and the nearest parcel with a residential zoning designation, platted residentially zoned properties, and unplatted residentially zoned properties;
(9) A letter signed by the applicant stating the WCF will comply with all FAA regulations and EIA standards and all other applicable federal, state and local laws and regulations, attaching copies of any FAA approved certificates;
(10) Certification that the antenna usage will not interfere with other adjacent or neighboring transmission or reception functions; and
(11) At the time of site selection, the applicant should demonstrate how the proposed site fits into its overall network within the city. This shall include a service area coverage chart for the proposed facility that depicts the extent of coverage and corresponding signal quality at the proposed facility height and at least one height lower than that proposed. (Ord. 1006 § 1 (Exh. A) (part), 2020: Ord. 923 § 1 (part), 2012: Ord. 874 § 7 (part), 2010. Formerly 17.90.090).
17.28.100 Permit limitations and reservations.
The city reserves the right to enter into lease and/or license agreements with WCF service providers regarding use of, or placement upon, city-owned public property of WCFs and support structures, as authorized or permitted by law. Lease and/or license fees for such use or placement of such facilities and support structures shall be negotiated by the parties, together with other terms and conditions, including but not limited to term of lease or license, renewals thereof, location and any other items consistent with applicable law and this chapter. (Ord. 923 § 1 (part), 2012: Ord. 874 § 7 (part), 2010. Formerly 17.90.100).