Chapter 17.70
WIRELESS COMMUNICATIONS FACILITIES (WCF)
Sections:
17.70.020 Relationship to other ordinances.
17.70.040 Permits and exemptions.
17.70.050 Application materials.
17.70.070 Large satellite dish antenna(s) – Development standards.
17.70.080 Broadcast and relay towers – Development standards.
17.70.085 Collocation of antennas, distributed antenna systems and small cells.
17.70.087 Distributed antenna systems (DAS) and small cells.
17.70.090 Wireless communications facilities – Development standards.
17.70.100 General siting criteria.
17.70.110 Discontinuation of use or abandonment.
17.70.120 Fees – Wireless communications permit fees.
17.70.130 Independent technical review.
17.70.140 Exception from standards.
17.70.150 Eligible facilities modifications.
17.70.010 Purpose.
The purpose of this chapter is to establish development regulations for the siting of wireless communications facilities (WCF) and to assure that the siting of WCF is accomplished in a manner that will protect the public health, safety, and welfare of the citizens of the city of East Wenatchee by promoting the goals of this chapter. The goals of this chapter are to:
A. Protect the community’s natural beauty, visual quality and safety while facilitating the reasonable and balanced provision of wireless communication services. More specifically, it is the city’s goal to minimize the visual impact of wireless communications facilities on the community, particularly in and near residential zones;
B. Provide a range of locations in a variety of zones and options for siting of WCF;
C. Provide clear performance standards for addressing the siting of WCF;
D. Encourage location of WCF on existing structures, including utility poles, signs, water towers, buildings and on other WCF where feasible;
E. Encourage collocation and site sharing of new and existing WCF;
F. Facilitate the use of public property and structures for siting of WCF;
G. Streamline and expedite permitting procedures in accordance with the intent of state and federal law;
H. Enhance the ability of providers of personal communications services to provide such service quickly, effectively and efficiently;
I. Require adherence to state and federal environmental laws;
J. Ensure air traffic safety for local aviation users, and the general public;
K. To implement Section 6409 of the “Middle Class Tax Relief and Job Creation Act of 2012” (the “Spectrum Act”) (PL-112-96; codified at 47 U.S.C. Section 1455(a)) which requires the city to approve any eligible facilities request for a modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station; and
L. To implement the FCC rules set forth at 47 C.F.R. Part 1 (Part 1 – Practice and Procedure), new Subpart CC Section 1.40001 (Wireless Facility Modifications), which rules implement Section 6409 of the Spectrum Act. (Ord. 21-03 § 5 (Exh. A), 2021; Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002)
17.70.020 Relationship to other ordinances.
A. Where allowed by law, this chapter shall supersede all conflicting requirements of other codes and ordinances regarding location and permitting of WCF, except shorelines, environmental regulations and specific franchises.
B. Franchise. Nothing in this chapter is intended to provide for a franchise, license or permit for the installation of wireless communications facilities within the public rights-of-way. Franchise agreements remain the discretion of the East Wenatchee city council. (Ord. 21-03 § 5 (Exh. A), 2021; Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002)
17.70.030 Definitions.
Repealed by Ord. 22-08. (Ord. 21-03 § 5 (Exh. A), 2021; Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002)
17.70.040 Permits and exemptions.
A. Permits Required. Unless otherwise provided herein, it is unlawful for a person or individual, company, corporation or association or any other entity to construct, alter, transform, or add to a wireless communications facility (WCF) without first obtaining a permit in compliance with the provisions of this chapter. A WCF permit shall not be valid at any address or property other than the one appearing on the permit.
1. Building Permits. A building permit (Type I or II) is required for all wireless communications facilities unless specifically exempted under subsection B of this section, Exemptions.
2. Wireless Communications Facility Permits. A communications facility permit (Type II) is required for all wireless communications facilities, except for wireless communications facilities which collocate on an existing broadcast and relay tower, where adequate provisions for antennas and ground-mounted equipment exist. In such case only a building permit shall be required. All information listed in EWMC 17.70.050(A) through (H) shall be submitted along with a completed wireless communications facility permit application form.
3. Combined Review. Communications facilities regulated under this chapter which are proposed in conjunction with a site plan approval application for industrial, commercial or residential development shall not be required to obtain separate building permit approval or separate communications facility permit approval. However, communications facilities will be reviewed according to the same criteria outlined in this section and all information required in EWMC 17.70.050(A) through (H) shall be submitted with the application for the associated land use permit.
4. Expiration. A WCF permit shall expire at the end of two years where lack of construction and lack of operation for said facility indicate no measurable progress on the permitted project.
B. Exemptions. The following antenna(s) shall be exempt from this chapter:
1. Small satellite dish antenna(s).
2. VHF and UHF receive-only television antenna(s) designed to receive television broadcast signals with a maximum height of 15 feet above the highest peak of an existing or proposed roof.
3. Temporary WCF located on the same site as a proposed WCF on a temporary basis during the construction of a permanent WCF for which necessary permits have been granted.
4. Normal, routine, and emergency maintenance and repair of existing wireless communications facilities and related equipment which does not alter the location of the facility, increase the height, size, footprint, or bulk of such facilities and which otherwise complies with city, state and federal law and regulations.
5. Military, federal, state and local government communication towers and radar systems used for navigational purposes, emergency preparedness, and public safety purposes.
6. Amateur radio services and facilities owned and operated by a federally licensed amateur radio station operator or are used exclusively for receive-only antennas. To reasonably accommodate licensed amateur radio operators as required by 47 CFR Part 97, as amended, and Order and Opinion PRB I of the Federal Communications Commission of September 1985, and RCW 35A.21.260, a licensed amateur radio operator may locate a tower in any zoning district without first obtaining any permits from the city; provided, the following requirements are met:
a. The tower shall not exceed a height of 70 feet;
b. The tower and any antennas located thereon shall not have any lights of any kind on them and shall not be illuminated either directly or indirectly by any artificial means;
c. The color of the tower and any antennas located thereon must all be the same and such that it blends into the sky, to the extent allowed under requirements set forth by the Federal Aviation Administration;
d. No commercial advertising, logo, trademark, figurine or other similar marking or lettering shall be placed on the tower;
e. The tower shall be located a distance equal to or greater than its height from any existing residential structure located on adjacent parcels of property, including any attached accessory structures;
f. A tower must be at least three-quarters of its height from any property line on the parcel of property on which it is located, unless a licensed engineer certifies that the tower will not collapse or that it is designed in such a way that in the event of collapse it falls within itself, and in that event, it must be located at least one-third of its height from any property line;
g. No signs shall be used in conjunction with the tower, except for one sign not larger than 144 square inches in area and as required by federal regulations;
h. Towers shall not be leased or rented to commercial users, and shall not otherwise be used for commercial purposes; and
i. All towers must meet all applicable state and federal statutes, rules and regulations.
7. Emergency communications equipment during a declared public emergency when the equipment is owned and operated by an appropriate public entity.
8. Any wireless internet facility that is owned and operated by a government entity.
9. Antennas and related equipment no more than three feet in height that are being stored, shipped or displayed for sale.
10. A temporary, commercial WCF, for the purposes of providing coverage of a special event such as news coverage or sporting event. All such facilities must comply with all federal and state requirements. Such facilities shall be removed within seven days after the end of the event.
C. Summary of Required Permits.
1. All WCF permits require site plan review and approval pursuant to Chapter 17.80 EWMC.
2. A building permit only is required for the following WCF (Type I or II):
a. Industrial, scientific and medical equipment using frequencies regulated by the Federal Communications Commission.
b. Wireless communications facilities which collocate on an existing broadcast and relay tower, where adequate provisions for antennas and ground-mounted equipment exist.
c. Temporary WCF for a term not to exceed 90 days, with a possible 90-day extension, with approval from the building official. The use of temporary wireless communications facilities such as a cell on wheels (COW) or an antenna on a bucket truck, crane, or other device capable of reaching the height necessary to evaluate the site for placement of a wireless communications facility. Such temporary facility may only be utilized on a short-term basis for the purpose of evaluating the technical feasibility of a particular location for placement of a wireless communications facility or for providing communications during an emergency.
3. Building permit and WCF permit (Type I or II) are required for all WCF not listed in subsection (C)(2) of this section. (Ord. 22-08 § 5 (Exh. B), 2022; Ord. 21-03 § 5 (Exh. A), 2021; Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002)
17.70.050 Application materials.
In addition to the requirements of EWMC Title 19, the submittal of a completed building permit application form and/or a wireless communications permit application, the applicant shall supply the following information at the time of application for a WCF; except, that applicants for temporary WCF permits and large satellite dish antenna applicants shall submit a building permit application and subsections A through D of this section.
A. If the applicant is not the owner of the property, the property owner shall sign an ownership certificate demonstrating that they are granting approval to the applicant to obtain the necessary permit(s).
B. Proof of adequate financial insurance and a legal instrument crafted to indemnify and hold harmless the city of East Wenatchee in the event of tower failure or another catastrophic event associated with WCF shall be required.
C. A vicinity map showing the location of the proposal and the properties within one-half mile of the subject property (said map shall be no larger than 11 by 17 inches).
D. A full site plan shall be required for all wireless communications facilities, showing the location, the specific placement of all structures including the tower/antenna on the site, the type and height of the proposed tower/antenna, 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. Site plans may be submitted on paper larger than 11 by 17 inches, provided an 11-by-17-inch set must accompany the larger plans.
E. A color visual analysis that includes a to-scale photo simulation of the proposed facility that shows unobstructed before-and-after construction daytime and clear-weather views from at least four angles, together with a map that shows the location of each view.
F. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the governing authority that no existing tower or structure can accommodate the applicant’s proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant’s proposed antenna may consist of any of the following:
1. No existing towers or structures are located within the geographic area required to meet applicant’s engineering requirements.
2. Existing towers or structures are not of sufficient height to meet applicant’s engineering requirements.
3. Existing towers or structures do not have sufficient structural strength to support applicant’s proposed antenna and related equipment.
4. The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant’s proposed antenna.
5. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
6. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
G. Written technical evidence and statement from an engineer(s) that the:
1. Tower is capable of supporting additional wireless communications facilities comparable in weight, size, and surface area to the communications facilities installed by the applicant on the proposed tower; and
2. Construction and placement of the proposed tower and wireless communications facilities will not interfere with licensed public safety communications and the usual and customary transmission or reception of radio, television, or other communications services enjoyed by adjacent residential and nonresidential properties.
H. A written statement by the applicant stating that the tower:
1. And wireless communications facilities will comply with all FAA regulations and EIA standards and all other applicable federal, state and local laws and regulations; and
2. Will accommodate collocation of additional antennas for future users. If accommodation of future collocation is not proposed, information must be submitted with the application detailing why future collocation is not possible.
I. At the time of site selection, the applicant shall demonstrate how the proposed site fits into its overall communications network within the city. This shall include a service area coverage chart for the proposed tower and communications facilities that depicts the extent of coverage and corresponding signal quality at the proposed tower height.
J. Copies of any environmental documents required by any federal agency, if available. These shall include the environmental assessment required by FCC Para. 1.1307, or, in the event that an FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment.
K. A completed SEPA checklist shall be submitted with all applications not categorically exempt under RCW 43.21C.384, as amended. (Ord. 21-03 § 5 (Exh. A), 2021; Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002)
17.70.060 General development standards for all WCF, broadcast and relay towers, small cell and DAS, and satellite dishes.
The development standards in this section address setback and other site-specific location factors. For purposes of determining whether installation of a WCF complies with the development standards in this chapter, the dimensions of the entire lot shall control, unless the WCF is proposed to be located on a separately described leased parcel within such lot.
A. Principal or Accessory Use. WCF may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of a WCF on such lot.
B. Building Code. To ensure the structural integrity of WCF, wireless communications facilities shall be designed and certified by an engineer to be structurally sound and, at a minimum, be con-
structed in conformance with the building code and any other standards set forth in this section.
C. Legal Access. All WCF proposed to locate and operate within the city must possess and provide proof of legal access onto a publicly owned street as a condition of approval.
D. Landscaping. All landscaping on a parcel of land containing a wireless communications facility shall be in accordance with the applicable landscaping requirements for the zoning district where the wireless communications facility is located and Chapter 17.72 EWMC. Existing vegetation on the site of a wireless communications facility shall be preserved to the extent possible or supplemented to provide vegetative screening. The administrator may grant a waiver from the required landscaping based on findings that a different requirement would better serve the public interest.
E. Stealth Design. Applicants are encouraged to use “stealth” techniques in the design of wireless communications facilities. “Stealth” techniques relate to siting strategies and technological innovations designed to enhance compatibility with adjacent land uses by designing structures to resemble other features in the surrounding environment. “Stealth” techniques include architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and towers designed to resemble light poles, power poles, flag poles, street standards, steeples, or trees, etc.
1. Stealth and concealment techniques must be appropriate given the proposed location, design, visual environment, and nearby uses, structures, and natural features.
2. Stealth design shall be designed and constructed to substantially conform to surrounding building designs or natural settings, so as to be visually unobtrusive.
3. Stealth design that relies on screening wireless communications facilities in order to reduce visual impact must screen all substantial portions of the facility from view.
4. Stealth and concealment techniques do not include incorporating faux-tree designs of a tree species that is not native to the Pacific Northwest or North Central Washington.
F. Minimum Setbacks. Setback requirements for facilities subject to this chapter shall be measured from the base of the structure or tower to all property lines of the parcel of land on which it is located.
1. Except as provided elsewhere in this chapter, facilities subject to this chapter shall not be located within any required front, side, or rear yard setback areas or within any easements not established for the placement of said WCF.
2. Additional setbacks for various facilities are specified in the development standards for each type of facility.
3. Attached WCF are exempt from the setback standards of this chapter. An attached WCF may extend up to five feet horizontally beyond the edge of the attachment structure so long as the attached WCF and all antennas maintain a five-foot setback from the nearest property line of the adjoining parcel.
4. Support structures and equipment facilities shall, at a minimum, comply with the setback requirements for the underlying zone within which they are located; provided, that all such structures shall maintain a 25-foot setback from any property line adjacent to residentially zoned property and a minimum setback of 55 feet as measured from the centerline of a public street.
5. A clear-view triangle shall be maintained at all intersecting public or private streets, driveways, and/or curb cuts for vision safety purposes based upon AASHTO guidelines from “A Policy on Geometric Design of Highways and Streets,” 1990 Edition, as now exists or may be hereafter amended, which is hereby adopted by this reference.
G. Minimum Lot Size. There shall be no minimum lot size requirement for WCF; provided, the lot proposed for the facility contains sufficient size and shape to accommodate the required setback provisions of this chapter.
H. Fencing. Any fencing required for security shall meet the general fencing requirements of the city. No barbed wire fences, electrical fences, razor wire or concertina wire are permitted in any zone.
I. Illumination. Facilities subject to this chapter shall not be artificially lighted, except for:
1. Security and safety lighting of equipment, buildings and support structure if such lighting is appropriately down-shielded to keep light within the boundaries of the site; and
2. Any lighting of the WCF that may be required by the Federal Aviation Administration or other applicable authority shall be installed in such a manner to minimize impacts on adjacent residences. In instances when a strobe type light is required by the FAA, said strobe light shall be white with no more than a three-second maximum allowable “off” phase.
J. No facility subject to this chapter shall be used in such a manner to support or display any outdoor signage or banners for any commercial or advertisement purposes.
K. WCFs in the Public Rights-of-Way.
1. Preferred Locations. Facilities shall be located as far from residential uses as feasible, and on streets classified as collector or arterial to the extent feasible. Facilities in the rights-of-way shall maintain at least a 200-foot separation from other wireless facilities, except when collocated or on opposite sides of the same street. DAS or small cell facilities are exempt from this separation requirement.
2. Pole-Mounted or Tower-Mounted Equipment. All pole-mounted and tower-mounted transmission equipment shall be mounted as close as possible to the pole or tower to reduce the overall visual profile to the maximum extent feasible. All pole-mounted and tower-mounted transmission equipment shall be painted with flat, nonreflective colors that blend with the visual environment.
3. Prior to submitting for a building permit, all applicants for WCFs proposed to be located within the right-of-way must have a valid municipal master permit, municipal franchise, or exemption otherwise granted by applicable law, to the extent consistent with RCW 35.21.860.
L. Towers shall maintain a minimum spacing of one-half mile, unless it can be demonstrated that physical limitations (such as topography, terrain, tree cover or location of buildings) in the immediate service area prohibit adequate service by the existing facilities or that collocation is not feasible.
M. Aviation Review Standards. Proposed telecommunication devices, structures or objects shall be reviewed to ensure they do not penetrate any of the airspace surfaces on or near a public or private general aviation facility. Any telecommunication device, structure or object that is determined to penetrate or otherwise obstruct airspace surfaces shall be denied by the review authority. Special attention shall be given to the following:
1. Approach Surface. Land lying beneath the approach surface which extends outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the runway end.
2. Transitional Surface. The transitional surface begins at the runway end and on either side of the runway surface and slopes upward and outward at a seven to one slope meeting the horizontal surface at 150 feet above the elevation of the airport.
3. Horizontal Surface. The horizontal surface begins by swinging arcs of 5,000 feet from the center end of the runway surface creating an elongated oval above the runway. The height of the horizontal surface is 150 feet above the elevation of the airport.
4. Conical Surface. The conical surface begins at the edge of the horizontal surface and extends upward and outward for a distance of 4,000 feet at a slope of 20 to one with an initial elevation of 150 feet above the airport elevation.
5. Pangborn Airport. The delineation of the airspace surfaces described above are generally depicted on the Pangborn Airport overlay parcels exhibit map (Figure 17.70.060(O)) and Douglas County Code Chapter 18.65, as the same now exists or may hereafter be amended, that is adopted herein by reference as if fully set forth.
N. Federal Requirements. All wireless communications facilities shall meet or exceed the standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC) and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, the owner of any telecommunications facility governed by this chapter shall bring such facility into compliance with such revised standards and regulations with six months of the effective date of standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the facility at the owner’s expense.
O. Pangborn Airport Overlay Parcels Exhibit Map.
(Ord. 21-03 § 5 (Exh. A), 2021; Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002)
17.70.070 Large satellite dish antenna(s) – Development standards.
A. Standards for All Zoning Districts. The following standards shall be applied to all proposed large satellite dish antenna(s):
1. Mountings and satellite dishes should be no taller than the minimum required for the purposes of obtaining an obstruction-free reception window.
2. To the extent technically feasible, specific paint colors may be required to allow the large satellite dish and mounting structures to blend better with their setting.
3. Screening of all large satellite dish antenna(s) shall be provided with one or a combination of the following methods: fencing, walls, landscaping, structures, or topography which will block the view of the antenna(s) as much as practicable from any street and from the yards and main floor living areas of residential properties within approximately 500 feet. Screening may be located anywhere between the antenna(s) and the above-mentioned viewpoints. Landscaping for the purposes of screening shall be maintained in healthy condition.
4. Construction plans and final construction of the mounting bases of all large satellite dish antenna(s) shall be approved by the city building department.
5. Aluminum mesh dishes should be used whenever possible instead of a solid fiberglass type.
B. Additional Standards in Residential Zones – Large Satellite Dish Antenna(s).
1. Only one large dish satellite antenna shall be allowed on each property.
2. Large satellite dish antenna(s) shall not be mounted on roofs.
3. Large satellite dish antenna(s) shall not exceed 12 feet in diameter and 15 feet in height, including their bases.
4. A solid visual screen (90 percent solid or more) using a combination of fencing, walls, or landscaping shall be provided as high as the center of the dish when viewed from off the site. Above the center of the dish, the screening should be 50 percent solid or more to the top of the antenna(s) when viewed from off the site. Evergreen plants shall be used to accomplish year-round screening, and shall be large enough at installation to meet appropriate screening standards.
C. Additional Standards in Nonresidential Zones – Large Satellite Dish Antenna(s). Antenna(s) may be either roof-mounted or ground-mounted.
1. Ground-Mounted.
a. Ground-mounted antenna(s) shall not exceed the height requirements of the district within which they are located.
b. From the time of installation, ground-mounted antenna(s) shall be solidly screened (90 percent or more) using a combination of fencing, walls, or landscaping as high as the center of the dish when viewed from off the site. Solid screening shall be provided as high as the dish if the proposed location abuts an adjoining residential zone.
2. Roof-Mounted.
a. Shall not exceed the height requirements of the district within which they are located. Height shall be measured from the average grade of the structure to the highest point of the antenna.
b. Should be placed as close to the center of the roof as possible. If the dish is still visible from any point within approximately 500 feet as viewed from ground level, additional screening shall be required to supplement the screening provided by the roof itself. If the dish is not visible from 500 feet or less, no additional screening will be necessary.
c. Shall be solidly screened at least as high as the center of the dish. The screening shall be of a material and design compatible with the building, and can include penthouse screening, parapet walls, or other similar screening.
d. Shall be architecturally compatible with the building and wall on which it is mounted, and shall be designed and located so as to minimize any adverse aesthetic impact. (Ord. 21-03 § 5 (Exh. A), 2021; Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002)
17.70.080 Broadcast and relay towers – Development standards.
A. Development Standards for All Zoning Districts.
1. The applicant shall demonstrate that the proposed location was selected pursuant to the siting criteria of EWMC 17.70.100. Placement of a broadcast and relay tower shall be denied if an alternative placement of the antenna(s) on a building or other existing structure can accommodate the communications needs. Applications shall be required to provide documentation that reasonable efforts to identify alternative locations were made.
2. Owners and operators of a proposed broadcast and relay tower shall provide information regarding the opportunity for the collocation of other antenna(s) and related equipment. If feasible, provision for future collocation may be required.
3. Broadcast and relay towers shall be set back from each lot line at least 100 percent of the height of the proposed tower. This setback may be reduced to 50 percent of the height of the proposed tower if said tower is located more than 100 feet from a public street and the applicant submits an engineering report certifying that the tower is designed to collapse upon failure and would fall within the distance between the proposed tower and the property line of the property upon which it is located. Said report shall be prepared by a professional engineer registered in the state of Washington.
4. Extensions, antennas, and arms attached to broadcast and relay towers and/or antennas shall not exceed eight feet in length horizontally as measured from the center diameter of the tower.
5. The base of a ground-mounted broadcast and relay tower shall be screened with fencing, walls, landscaping, or other means such that the view of the antenna(s) base is blocked as much as practicable from any street and from the yards and main living floor areas of surrounding residentially zoned properties. The screening may be located anywhere between the antenna(s) and the above-mentioned viewpoints. Landscaping that qualifies for the purpose of screening shall be maintained in a healthy condition. The perimeter of a broadcast and relay tower and any guyed wires/anchors shall be enclosed by a fence or wall at least six feet in height.
6. To the extent technically feasible and in compliance with safety regulations, the broadcast and relay tower and any supporting structure and equipment facility should be designed using materials, colors, textures that will blend the facility to the natural and built environment.
7. A Washington-licensed professional engineer shall certify in writing, over his or her seal, that both construction plans and final construction of the broadcast and relay radio towers are designed to reasonably withstand wind and seismic loads as established by the Uniform Building Code.
B. Additional Standards in Commercial Zones – Broadcast and Relay Towers.
1. Broadcast and relay towers are permitted only in the G-C, CBD and C-L commercial districts.
2. The combined broadcast and relay tower and antenna(s) shall not extend more than a maximum of 70 feet in height. A height bonus of 15 feet may be allowed by the approval authority when collocation is specifically provided for on the broadcast and relay tower.
C. Additional Standards in Residential Zones –Broadcast and Relay Towers.
1. Broadcast and relay towers shall not be allowed in the residential low density (R-L) or residential medium density (R-M) zones. Such facilities may be located in the residential high density/office zoning district (R-H) after obtaining a conditional use permit.
2. The combined broadcast and relay tower and antenna(s) shall not extend more than a maximum of 70 feet.
3. Stealth design is required.
D. Additional Standards in Industrial Zones – Broadcast and Relay Towers. The combined height of a broadcast and relay tower and antenna(s) located in an industrial zone shall not exceed 80 feet; except when collocation is specifically provided for, then the broadcast and relay tower shall not exceed 90 feet.
E. Guyed wire or lattice towers are not permitted. (Ord. 21-03 § 5 (Exh. A), 2021; Ord. 19-11 § 6 (Exh. B), 2019; Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002. Formerly 17.70.090)
17.70.085 Collocation of antennas, distributed antenna systems and small cells.
A. To the extent not otherwise covered by EWMC 17.70.150 (Eligible facilities modifications), collocation and new wireless communication antenna arrays are permitted in all zones via administrative approval; provided, that they are attached to or inside of an existing structure (except on the exterior of pole signs or anywhere on a billboard) that provides the required clearances for the array’s operation without the necessity of constructing a tower or other apparatus to extend the antenna array more than 15 feet above the structure.
B. Installation requires the granting of development permits prescribed by EWMC Title 15.
C. For antenna arrays and WCF on city-owned property, the execution of necessary right-of-way use agreements is also required.
D. If any support structure must be replaced or extended to achieve the needed elevation or if the attachment adds more than 15 feet above the existing structure, or the minimum necessary to achieve required electrical clearances, the proposal is subject to Type II review. The limitation to 15 feet applies to cumulative increases and any previously approved additions to height made under this section must be included in its measurement.
E. WCF attached to residential structures are not permitted in any zoning district.
F. Any equipment shelter or cabinet and other ancillary equipment are subject to the general development standards of EWMC 17.70.090. (Ord. 22-08 § 5 (Exh. B), 2022; Ord. 21-03 § 5 (Exh. A), 2021)
17.70.087 Distributed antenna systems (DAS) and small cells.
A. The city encourages, but it does not require, the use of DAS and small cells.
B. DAS and small cells are allowed in all zoning districts.
C. DAS and small cells are subject to approval via administrative review only unless their installation requires the construction of a new utility support structure or building. Type II review is required when the applicant proposes a new utility support structure or building.
D. Where feasible, cable and/or conduit shall be routed through the inside of any utility pole or other support structure. Where this is not feasible, or where such routing would result in a structure of a substantially different design or substantially greater diameter than that of other similar structures in the vicinity or would otherwise appear out of context with its surroundings, the city may allow or require that the cable or conduit be placed on the outside of the structure. The outside cable or conduit shall be the color of the utility pole or other support structure, and the city may require that the cable be placed in conduit.
E. Multiple Site DAS and Small Cells.
1. A single permit may be used for multiple distributed antennas that are part of a larger overall DAS network.
2. A single permit may be used for multiple small cells spaced to provide wireless coverage in a contiguous area.
F. Only one facility shall be permitted on any street pole.
G. The antenna and related components must be the same color as the existing building, pole or support structure on which they are proposed to be located.
H. The shelter or cabinet used to house radio electronic equipment and the associated connecting cabling shall be contained wholly within the pole, a building or structure, or otherwise appropriately concealed, camouflaged or located underground.
I. If a replacement pole is necessary for placement of a DAS or small cell, the replacement pole shall be located as near as possible to the existing pole with the requirement to remove the abandoned pole.
J. The preferred location for a pole-mounted small cell facility is the location with the least visible impact.
K. DAS or small cells are not permitted on traffic signal poles.
L. Any electrical service upgrades necessary to support small cells or DAS deployment shall be at the expense of the applicant.
M. DAS or small cell facilities attached to existing or replacement nonwooden light poles and other non-wooden poles in the right-of-way or poles outside of the right-of-way shall conform to the following design criteria:
1. Antennas and the associated equipment enclosures shall be sited and installed in a manner which minimizes the visual impact on the street-scape by fully concealing the antennas and associated equipment. This requirement shall be applied in a manner that neither dictates the technology employed by the service provider nor unreasonably impairs the technological performance of the equipment chosen by the service provider.
2. All conduit, cables, wires, and fiber must be routed internally in the light pole. Electrical wiring shall be separated from communication wiring via interduct or other means that comply with state and federal electrical codes. Full concealment of all conduit, cables, wires, and fiber is required within mounting brackets, shrouds, canisters, or sleeves if attaching to exterior antennas or equipment. When electrical service is to be supplied by the city, as the pole owner, the city may require an electrical meter-grade control module to track the additional small cell electrical use.
3. An antenna on top of an existing pole may not extend more than six feet above the height of the existing pole and the diameter may not exceed 16 inches, measured at the top of the pole, unless the applicant can demonstrate that more space is needed. Except for canister antennas, the antenna shall be integrated into the pole design so that it appears as a continuation of the original pole, including being colored or painted to match the pole, and shall be shrouded or screened to blend with the pole. All cabling and mounting hardware/brackets from the bottom of the antenna to the top of the pole shall be fully concealed and integrated with the pole.
4. If the use of the pole requires a replacement pole, the replacement pole shall substantially conform to the design of the pole it is replacing or the neighboring pole design standards utilized within the contiguous right-of-way. A mock-up of a prototype for the replacement pole shall be submitted for review and approval by the city prior to final pole construction and deployment. The administrator may waive this requirement when the applicant establishes that an identical small cell facility has been successfully installed in another local jurisdiction on a nonwooden pole identical to that approved for use by the city.
5. The height of any replacement pole may not extend more than 10 feet above the height of the existing pole.
6. The use of the pole for the siting of a small cell facility shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host site for a small cell facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small cell facility, and the small cell facility and all associated equipment shall be removed.
7. Deviations from this subsection are permitted when required to address the pole owner’s requirements for adequate safety clearance and other design standards, so long as the deviation is the minimum necessary to comply with the pole owner’s safety and design standards.
N. DAS or small cell facilities attached to wooden poles shall conform to the following design criteria:
1. The wooden pole at the proposed location may be replaced with a taller pole for the purpose of accommodating a small cell facility; provided, however, that the replacement pole shall be no more than 10 feet taller than the existing pole, unless a height increase is required to provide sufficient separation and/or clearance from electrical and wireline facilities.
2. Replacement wooden poles may either match the approximate color and materials of the replaced pole or shall be the standard new wooden pole used by the pole owner.
3. A pole extender may be used instead of replacing an existing pole and shall not increase the height of the existing pole by more than 10 feet, unless a further height increase is required to provide sufficient separation and/or clearance from electrical and wireline facilities. A “pole extender” as used herein is an object affixed between the pole and the antenna for the purpose of increasing the height of the antenna above the pole. The pole extender shall be painted to match the color of the pole and shall substantially match the diameter of the pole measured at the top of the pole.
4. Antennas, equipment enclosures, and all ancillary equipment, boxes, and conduit shall be colored or painted to match the approximate color of the surface of the wooden pole on which they are attached.
5. Panel antennas shall not be mounted more than 12 inches from the vertical surface of the wooden pole.
6. Antennas should be placed in a manner that minimizes visual clutter and obtrusiveness. Multiple antennas are permitted on a wooden pole; provided, that each antenna enclosure shall not be more than three cubic feet in volume, with a cumulative total antenna volume not to exceed 12 cubic feet.
7. A canister antenna may be mounted on top of a wooden pole, which may be no more than 10 feet taller than the existing pole. A canister antenna mounted on the top of a wooden pole shall not exceed 16 inches in diameter, measured at the top of the pole, and shall be colored or painted to match the pole. The intention is that the canister antenna appear to be an extension of the pole. As an alternative, the applicant may propose a side-mounted canister antenna, so long as the inside edge of the antenna is no more than 12 inches from the surface of the wooden pole. All cables shall be concealed either within the canister antenna or within a sleeve between the antenna and the wooden pole.
8. An omnidirectional antenna may be mounted on the top of an existing wooden pole; provided, such antenna is no more than four feet in height and is mounted directly on the top of the pole or attached to a sleeve made to look like the exterior of the pole that is as close to the top of the pole as technically feasible. All cables shall be concealed within the sleeve between the bottom of the antenna and the mounting bracket.
9. All related equipment, including but not limited to ancillary equipment, radios, cables, associated shrouding, microwaves, and conduit, that are mounted on wooden poles shall not be mounted more than six inches from the surface of the pole, unless a further distance is technically required, and is confirmed in writing by the pole owner.
10. Equipment for small cell facilities must be attached to the wooden pole or located in an underground vault. The equipment must be placed in the smallest enclosure possible for the intended purpose. The equipment enclosure may not exceed 17 cubic feet.
11. An applicant who desires to enclose its antennas and equipment within a unified enclosure may do so; provided, that such unified enclosure does not exceed four cubic feet. To the extent possible, the unified enclosure shall be placed to appear as an integrated part of the pole. The unified enclosure may not be placed more than six inches from the surface of the pole, unless a further distance is technically required and confirmed in writing by the pole owner.
12. The visual effect of the small cell facility on all other aspects of the appearance of the wooden pole shall be minimized to the greatest extent possible.
13. The use of the wooden pole for the siting of a small cell facility shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host site for a small cell facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small cell facility and the small cell facility and all associated equipment shall be removed.
14. All cables and wires shall be routed through conduit along the outside of the pole. The outside conduit shall be colored or painted to match the pole. The number of conduits shall be minimized to the number technically necessary to accommodate the small cell.
15. If electrical service is to be supplied by the pole owner, the owner may require an electrical meter-grade control module to track the additional small cell electrical use.
O. DAS or small cell facilities attached to existing buildings shall conform to the following design criteria:
1. Small cell facilities may be mounted to the sides of a building if the antennas do not interrupt the building’s architectural theme.
2. The interruption of architectural lines or horizontal or vertical reveals is discouraged.
3. New architectural features such as columns, pilasters, corbels, or other ornamentation that conceal antennas may be used if they complement the architecture of the existing building.
4. Small cells shall utilize the smallest mounting brackets necessary to provide the smallest offset from the building.
5. Skirts or shrouds shall be utilized on the sides and bottoms of antennas to conceal mounting hardware, and to minimize the visual impact of the antennas. Exposed cabling/wiring is prohibited.
6. Small cell facilities shall be painted and textured to match the adjacent building surfaces. (Ord. 21-03 § 5 (Exh. A), 2021)
17.70.090 Wireless communications facilities – Development standards.
A. Development Standards for All Zoning Districts. The following standards shall be applied to all wireless equipment, such as antenna(s) and equipment shelters, exclusive of the broadcast and relay tower. Wireless monopoles, lattice and guy towers, and existing pole structures extended in height, are regulated by the subsections that govern broadcast and relay towers, EWMC 17.70.080.
1. Placement of a freestanding wireless communications facility shall be denied if placement of the antenna(s) on an existing structure can accommodate the operator’s communications needs. The collocation of a proposed antenna(s) on an existing broadcast and relay tower or placement on an existing structure shall be explored and documented by the operator in order to show that reasonable efforts were made to identify alternate locations.
2. Maximum Height for Attached WCF. Attached WCF shall not add more than 20 feet to the height of the existing building or structure to which it is attached. Attached WCF are permitted in all zoning districts subject to specific limitations enumerated elsewhere in this chapter.
3. Location of wireless communication antenna(s) on existing buildings or other structures shall be screened or camouflaged to the greatest practicable extent by use of shelters, compatible materials, location, color, and/or other stealth techniques to reduce visibility of the antenna(s) as viewed from any street or residential property.
4. Attached WCF may be mounted on all currently existing nonresidential buildings in nonresidential zones except as follows:
a. Any building which is an accessory structure to a residence.
b. Buildings which, due to their small size, would be dominated by the facility.
5. The antenna(s) shall not dominate the structure upon which it is attached and shall be visually concealed utilizing color and compatible material to camouflage the facility to the greatest extent feasible.
6. Building-mounted WCF must meet the following conditions and criteria:
a. A building-mounted WCF may consist of the following:
i. Nonreflective panel antenna(s);
ii. Whip antenna(s);
iii. Nonreflective parabolic dish.
b. The number of antennas shall be reasonable to accommodate the technology and maintenance compatible with the constraints of the building and prevailing land use.
7. The placement of antennas on existing structures (not including buildings), such as power poles, light poles for streets and parking lots, light standards for recreational fields and antenna support structures, is the preferred option subject to the approval of the owner of the existing structure. If an existing structure cannot accommodate an antenna due to structural deficiency, or does not have the height required to provide adequate signal coverage, the structure may be replaced with a new structure; provided:
a. The new structure will serve the original purpose.
b. The completed structure does not exceed the original height by more than 20 feet.
c. The completed structure meets all the requirements of this chapter.
d. In all cases where a utility pole or light standard is replaced for the purpose of accommodating a WCF installation, the cables and other wiring necessary for the WCF shall be routed inside the new pole. If routing inside the pole is not allowed by the utility and that determination is confirmed in writing by the utility, then all cable, wiring and conduit routed outside the pole shall be painted to match the pole.
8. Associated above-ground equipment shelters shall be minimized and shall not exceed 360 square feet unless operators can demonstrate that more space is needed to accommodate collocation by other providers. Shelters shall be painted a color that matches existing structures or the surrounding landscape. A solid visual screen (90 percent solid or more) shall be created around the perimeter of the shelter. Operators shall consider undergrounding equipment if technically feasible or placing the equipment within existing structures.
9. Screening of wireless equipment shall be provided with one or a combination of the following materials: fencing, walls, landscaping, structures, or topography which will block the view of the antenna(s) and equipment shelter as much as practicable from any street and from the yards and main floor living areas of residential properties within approximately 500 feet. Screening may be located anywhere between the base and the above-mentioned viewpoints. Landscaping for the purposes of screening shall be maintained in a healthy condition.
10. Construction plans and final construction of the mountings of wireless antenna(s) and equipment shelters shall be approved by the city building department. Applications shall document that the proposed WCF and mounting bases are designed to reasonably withstand wind and seismic loads.
B. Additional Standards in Residential Zones – Wireless Communications Facilities.
1. Attached WCF shall be screened or camouflaged to the greatest practicable extent by use of compatible materials, location, color, and/or other stealth techniques to reduce visibility of the antenna(s) as viewed from any street or residential property.
2. Attached WCF may be mounted on all currently existing nonresidential buildings in residential zones except as follows:
a. Any building which is an accessory structure to a residence.
b. Buildings which, due to their small size, would be dominated by the facility.
3. The antenna(s) shall not dominate the structure upon which it is attached and shall be visually concealed utilizing color and compatible material to camouflage the facility to the greatest extent feasible.
4. Building-mounted WCF must meet the following conditions and criteria:
a. A building-mounted WCF may consist of the following:
i. Nonreflective panel antenna(s);
ii. Whip antenna(s);
iii. Nonreflective parabolic dish.
b. The number of antennas shall be reasonable to accommodate the technology and maintenance compatible with the constraints of the building and prevailing land use.
5. Within public parks and public open spaces including playgrounds, ballfields, etc., the placement of antennas on existing structures, such as power poles, light poles for streets and parking lots, light standards for recreational fields and antenna support structures, is the preferred option subject to the approval of the property owner. If an existing structure cannot accommodate an antenna due to structural deficiency, or does not have the height required to provide adequate signal coverage, the structure may be replaced with a new structure; provided:
a. The new structure will serve the original purpose.
b. The completed structure does not exceed the original height by more than 20 feet.
c. The completed structure meets all the requirements of this chapter.
d. In all cases where a utility pole or light standard is replaced for the purpose of accommodating a WCF installation, the cables and other wiring necessary for the WCF shall be routed inside the new pole. If routing inside the pole is not allowed by the utility and that determination is confirmed in writing by the utility, then all cable, wiring and conduit routed outside the pole shall be painted to match the pole.
6. Associated above-ground equipment shelters shall be minimized and shall not exceed 240 square feet unless operators can demonstrate that more space is needed for collocation of other providers. Shelters shall be painted a color that matches existing structures or the surrounding landscape. A solid visual screen (90 percent solid or more) shall be created around the perimeter of the shelter. Operators shall consider undergrounding equipment if technically feasible or placing the equipment within existing structures. (Ord. 21-03 § 5 (Exh. A), 2021; Ord. 19-11 § 7 (Exh. C), 2019; Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002. Formerly 17.70.100)
17.70.100 General siting criteria.
A. Siting criteria for wireless communications facilities are necessary to encourage the siting of those facilities in locations most appropriate based on land use compatibility, neighborhood characteristics, and aesthetic considerations and the demand for wireless communications facilities by the citizens of East Wenatchee. No general siting criteria are necessary for satellite dishes because these facilities are allowed within all zoning districts.
B. Generally, collocation on existing broadcast and relay towers is encouraged by fewer standards and less complex permit procedures. Further, attachment of antenna(s) to existing nonresidential structures and buildings primarily within industrial and commercial zoning districts is preferable to broadcast and relay towers or monopoles.
C. New broadcast and relay towers shall be minimized by collocating wireless facilities on existing towers. New broadcast and relay towers are most appropriately located in the industrial zoning district followed in order of preference by G-C, CBD and C-L zoning districts. Due to the close proximity of the shoreline and critical areas, these types of facilities are not permitted in the WMU or MU commercial district.
D. Wireless Communications Facilities. The following sites shall be considered by applicants as the preferred order for location of proposed wireless facilities including antenna(s), equipment, and equipment shelters. As determined feasible, and in order of preference, the sites are:
1. Existing broadcast and relay towers on any existing site or tower where a legal wireless telecommunication facility is currently located, regardless of underlying zoning.
2. Warehouse and Industrial Zoning. Structures or sites used exclusively for industrial and manufacturing uses within the industrial district. These are areas of more intensive land uses where a full range of public facilities are expected.
3. Publicly used structures attached to existing public facilities such as water towers, utility structures, fire stations, bridges, and other public buildings within all zoning districts not utilized primarily for recreational uses.
4. Commercial and Public Facilities Sites—Structures or Sites Used For Retail, Commercial, and Office Uses. These are areas of more intensive land uses where a full range of public facilities are expected. These zones in order of priority are G-C, CBD and C-L.
5. Residential Zones. Structures which are not used for residential purposes such as institutional structures and other nonresidential sites and structures may be considered for the installation of attached WCF where the installation complies with all FCC regulations and standards.
6. Residential Structures. Wireless communications facilities attached to residential structures are not permitted in any residential zoning district. (Ord. 21-03 § 5 (Exh. A), 2021; Ord. 19-11 § 8 (Exh. D), 2019; Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002. Formerly 17.70.110)
17.70.110 Discontinuation of use or abandonment.
A. Any wireless communication facility that is no longer needed and its use is discontinued shall be reported immediately by the service provider to the administrator. Discontinued facilities shall be completely removed within six months and the site restored to its pre-existing condition.
B. There shall also be a rebuttable presumption that any WCF that is regulated by this chapter and that is not operated for a period of six months shall be considered abandoned. This presumption may be rebutted by a showing that such WCF is an auxiliary back-up or emergency utility or device not subject to regular use or that the WCF is otherwise not abandoned. For those WCFs deemed abandoned, all equipment, including, but not limited to, antennas, poles, towers, and equipment shelters associated with the WCF shall be removed within six months of the cessation of operation. Irrespective of any agreement among them to the contrary, the owner or operator of such unused facility, or the owner of a building or land upon which the WCF is located, shall be jointly and severally responsible for the removal of abandoned WCFs. If the WCF is not thereafter removed within 90 days of written notice from the city, the city may remove the WCF at the owner of the property’s expense or at the owner of the WCF’s expense, including all costs and attorneys’ fees. If there are two or more wireless communications providers collocated on a single support structure, this provision shall not become effective until all providers cease using the WCF for a continuous period of six months. (Ord. 21-03 § 5 (Exh. A), 2021; Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002. Formerly 17.70.120)
17.70.120 Fees – Wireless communications permit fees.
In addition to the building permit application and associated fee, any person required to apply for a wireless communications permit under this chapter shall submit an application for approval to the administrator on forms as required by the administrator. The fees for such applications are described below.
A. Permit Application Fee. The wireless communications permit application fee shall be paid at the time of submitting the application. No application shall be deemed complete unless such application has been submitted and the base fees paid.
1. Broadcast and relay tower facility application fee: $1,000.
2. Up to five small cell or DAS facilities: $500.00 with an additional $100.00 for each additional small cell or DAS facility.
3. Other wireless communications facilities application fee: $500.00.
B. Engineering Fees. In addition to the fees expressly provided in this section, the applicant shall reimburse the city for the actual costs of all engineering fees incurred by the city in processing the application. The applicant shall become obligated to pay and shall reimburse the city for these fees as the fees are incurred by the city. In no event shall the applicant receive permit approval for the wireless communications facility until all such fees have been paid. (Ord. 21-03 § 5 (Exh. A), 2021; Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002. Formerly 17.70.130)
17.70.130 Independent technical review.
A. Although the city intends for city staff to review administrative matters to the extent feasible, the city may retain the services of an independent, radio frequency technical expert to provide technical evaluation of permit applications for WCFs, including administrative and conditional use permits. Based upon the results of the third-party review, the city may require changes to the application to comply with the recommendations of the expert. The technical expert review may include, but is not limited to:
1. The accuracy and completeness of the items submitted with the application;
2. The applicability of analysis and techniques and methodologies proposed by the applicant;
3. The validity of conclusions reached by the applicant; and
4. Whether the proposed WCF complies with the applicable approval criteria set forth in this chapter.
B. The selection of the third-party expert shall be by mutual agreement between the applicant and the city, and such agreement shall not be unreasonably withheld by either party. The third-party expert shall have recognized training and qualifications in the field of radio frequency engineering.
C. The applicant shall pay the cost for any independent consultant fees, through a deposit, estimated by the city, paid within ten days of the city’s request. When the city requests such payment, the application shall be deemed incomplete for purposes of application processing timelines. In the event that such costs and fees do not exceed the deposit amount, the city shall refund any unused portion within thirty days after the final permit is released or, if no final permit is released, within thirty days after the city receives a written request from the applicant. If the costs and fees exceed the deposit amount, the applicant shall pay the difference to the city before the permit is issued. (Ord. 21-03 § 5 (Exh. A), 2021)
17.70.140 Exception from standards.
A. No WCF shall be used or developed contrary to any applicable development standard unless an exception has been granted pursuant to this section. These provisions apply exclusively to WCFs and are in lieu of the generally applicable variance and design deviation provisions in EWMC Title 17; provided, this section does not provide an exception from this chapter’s visual impact and stealth design requirements or the approval criteria set forth in EWMC 17.70.080.
B. Procedure Type. A wireless communications facility exception is a Type III procedure.
C. Submittal Requirements. In addition to the general submittal requirements for a Type III application, an application for a wireless communications facility exception shall include:
1. A written statement demonstrating how the exception would meet the criteria.
2. A site plan that includes:
a. Description of the proposed facility’s design and dimensions, as it would appear with and without the exception.
b. Elevations showing all components of the wireless communications facility as it would appear with and without the exception.
c. Color simulations of the wireless communications facility after construction demonstrating compatibility with the vicinity, as it would appear with and without the exception.
D. Criteria. An application for a wireless communications facility exception shall be granted if the following criteria are met:
1. The exception is consistent with the purpose of the development standard for which the exception is sought.
2. Based on a visual analysis, the design minimizes the visual impacts to residential zones through mitigating measures, including, but not limited to, building heights, bulk, color, and landscaping.
3. The applicant demonstrates the following:
a. A significant gap in the coverage, capacity, or technologies of the service network exists such that users are regularly unable to connect to the service network, or are regularly unable to maintain a connection, or are unable to achieve reliable wireless coverage within a building;
b. The gap can only be filled through an exception to one or more of the standards in this chapter; and
c. The exception is narrowly tailored to fill the service gap such that the wireless communications facility conforms to this chapter’s standards to the greatest extent possible.
4. Exceptions in Residential Zones. For a new tower proposed to be located in a residential zone or within 150 feet of a residential zone, unless the proposal qualifies as a preferred location on city-owned or operated property or facilities under EWMC 17.70.100(D), the applicant must also demonstrate that the manner in which it proposes to fill the significant gap in coverage, capacity, or technologies of the service network is the least intrusive on the values that this chapter seeks to protect. (Ord. 21-03 § 5 (Exh. A), 2021)
17.70.150 Eligible facilities modifications.
A. Application. The department shall prepare and make publicly available an application form which shall be limited to the information necessary for the department to consider whether an application is an eligible facilities request. The application may not require the applicant to demonstrate a need or business case for the proposed modification.
B. Type of Review. Upon receipt of an application for an eligible facilities request pursuant to this section, the department shall review such application to determine whether the application qualifies under this section.
C. Time Frame for Review. Within 60 days of the date on which an applicant submits an application seeking approval under this section, the department shall approve the application unless it determines that the application is not covered by this section.
D. Tolling of the Time Frame for Review. The 60-day review period begins to run when the application is filed and may be tolled only by mutual agreement by the department and the applicant, or in cases where the department determines that the application is incomplete. The time frame for review is not tolled by a moratorium on the review of applications.
1. To toll the time frame for incompleteness, the department must provide written notice to the applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required in the application.
2. The time frame for review begins running again when the applicant makes a supplemental submission in response to the department’s notice of incompleteness.
3. Following a supplemental submission, the department will notify the applicant within 10 days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in this subsection. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.
E. Interaction with 47 USC Section 332(c)(7). If the department determines that the applicant’s request is not covered by Section 6409(a) as delineated under this section, the presumptively reasonable time frame under 47 USC Section 332(c)(7), as prescribed by the FCC’s shot clock order, will begin to run from the issuance of the department’s decision that the application is not a covered request. To the extent such information is necessary, the department may request additional information from the applicant to evaluate the application under 47 USC Section 332(c)(7), pursuant to the limitations applicable to other 47 USC Section 332(c)(7) reviews.
F. Failure to Act. In the event the department fails to approve or deny a request seeking approval under this section within the time frame for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the applicable reviewing authority in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted. (Ord. 21-03 § 5 (Exh. A), 2021)
17.70.160 Indemnification.
Each permit issued shall have as a condition of the permit a requirement that the applicant defend, indemnify and hold harmless the city and its officers, agents, employees, volunteers, and contractors from any and all liability, damage, or charges (including attorneys’ fees and expenses) arising out of claims, suits, demands, or causes of action as a result of the permit process, granted permit, construction, erection, location, performance, operation, maintenance, repair, installation, replacement, removal, or restoration of the WCF on city property or in the public right-of-way. (Ord. 21-03 § 5 (Exh. A), 2021)