Chapter 15.16
WIRELESS COMMUNICATIONS REGULATIONS
Sections:
15.16.030 Permitted locations.
15.16.040 Permitted height on non-residential properties.
15.16.050 Site development and design standards.
15.16.070 Submittal requirements.
15.16.080 Radio frequency standards.
15.16.090 Technological change and periodic review.
15.16.110 Special provision for residential antennas.
15.16.010 Definitions.
A. “Antenna” means the specific device the surface of which is used to capture an incoming and/or to transmit an outgoing radio frequency or electromagnetic signal. The term includes, without limitation, any system of poles, rods, reflecting discs or similar exterior devices or apparatus used for the transmission or reception or television communications, whether freestanding or attached to another structure. Antennas include the following types:
1. Omni-Directional (or ‘whip’) Antenna, which receives and transmits signals in a 360-degree pattern, and which is up to fifteen (15) feet in height and up to four (4) inches in diameter.
2. Directional (or ‘panel’) Antenna, which receives and transmits signals in a directional pattern typically encompassing an arc of 120 degrees or more but less than 360 degrees.
3. Parabolic (or ‘dish’) Antenna—a bowl-shaped device that receives and transmits signals in a specific directional pattern.
4. Ancillary Antenna—an antenna that is less than twelve (12) inches in its largest dimension and that is not directly used to provide personal wireless communications services. An example would be a global positioning satellite (GPS) antenna.
B. "Co-location" means the use of a single support structure and/or site by more than one wireless communications provider.
C. “Development Regulations” means the Town of Rainier’s Ordinance No. 368 as now existing or hereafter amended.
D. “Equipment Enclosure” means a small structure, shelter, cabinet or vault used to house and protect the electronic equipment necessary for processing wireless communications signals. Associated equipment may include air conditioning and emergency generators.
E. “Residential Antenna” means an antenna that is owned, maintained and used by an owner or lessee of residential or business property solely for the reception of television services and/or radio frequency signals.
F. “Support Structure” means the structure to which antennae and other necessary associated hardware are mounted. Support structures include but are not limited to the following:
1. Guyed Tower: a support structure, consisting of metal cross strips or bars, which is steadied by wire guys in a radial pattern around the tower.
2. Lattice Tower: a support structure that consists of a network of crossed metal braces, forming a tower, which is usually triangular or square in cross-section.
3. Monopole: a support structure that consists of a single pole sunk into the ground and/or attached to a foundation.
4. Existing Nonresidential Structure: existing structures as specified in 15.16.020 to which antennas may be attached which conform to the requirements of 15.16.020.
G. “Town” means the Town of Rainier.
H. “Wireless Communication Facility (WCF)” means a facility for the transmission and/or reception of radio or microwave signals used for commercial communications, cellular phone, personal communications services, enhanced specialized mobile radio, and any other wireless services licensed by the Federal Communications Commission (FCC) and unlicensed wireless services. WCFs are either “freestanding” (equipment mounted on a freestanding support structure) or “attached” (equipment affixed to or erected upon existing buildings, water tanks, utility poles or other existing structures). Generally WCFs are composed of two or more of the following components:
a. Antenna;
b. Support Structure;
c. Equipment Enclosure;
d. Security Barrier.
This term does not include a residential antenna as defined, except as otherwise may be expressly provided in this chapter. (Ord. 394 §2, 1998)
15.16.020 Exemptions.
The following are exempt from the provisions of this chapter:
1. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the Federal Communications Commission (FCC).
2. Antennas and related equipment no more than three (3) feet in height that are being stored, shipped or displayed for sale.
3. Radar systems for military and civilian communication and navigation.
4. Wireless radio utilized for temporary emergency communications in the event of a disaster.
5. Licensed amateur (ham) radio stations.
5. Routine maintenance or repair of a WCF and related equipment.
7. A “Cell on Wheels” (COW) or other temporary WCF for a maximum of ninety (90) days during an emergency declared by the federal, state, county or town government.
8. Subject to compliance with all other applicable standards of this ordinance, a building permit application need not be filed for emergency repair or maintenance of a WCF until thirty (30) days after the completion of such emergency activity. (Ord. 394 § 3, 1998)
15.16.030 Permitted locations.
A. (1) WCFs, unless otherwise expressly provided in this chapter, are not allowed on residential properties, day care center properties, properties immediately adjacent to day care centers, or on Town rights-of-way. (2) WCFs may be mounted on all currently existing nonresidential buildings except as follows:
1. Any building which is an accessory structure to a residence.
2. Buildings which, due to their small size, would be dominated by the facility, such as storage sheds or well site structures.
B. Building mounted WCFs on non-residential structures must meet the following conditions and criteria:
1. A building mounted WCF may consist of one of the following:
a. Up to four non-reflective panel antennas. No one antenna shall exceed 480 square inches and the total of the combined antennas shall not exceed 1,440 square inches of the surface area; or
b. One whip antenna; or
c. One non-reflective parabolic dish one (1) foot or less in diameter;
In the event of co-location, more than one of the facilities described above may be included.
2. In addition to the overall height limitations in 15.16.030, the antennas must conform to the following height restrictions relating to the existing building:
a. Five (5) feet measured to the top of a panel antenna above the roof proper of the existing building at the point of attachment.
b. Ten (10) feet measured to the tip of a whip antenna above the roof proper of the existing building at the point of attachment.
c. Five (5) feet measured to the top of a parabolic dish above the roof proper of the existing building at the point of attachment.
d. If the antenna is mounted on a wall, it shall be as flush to the wall as technically possible and shall not project above the wall unless necessary for technical reasons.
3. The antenna 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.
4. The antenna shall be mounted on a wall of an existing building in configuration as flush to the wall as technically possible or camouflaged as windows or other portion of the building and shall not project above the wall on which it is mounted unless it must be for technical reasons. In no event shall an antenna project more than sixteen (16) feet above the roof line including parapets.
5. The antenna shall be constructed, painted, or fully screened to match as closely as possible the color and texture of the building and wall on which it is mounted.
6. The antenna may be attached to an existing conforming mechanical equipment enclosure which projects above the roof of the building, but may not project any higher than the enclosure.
7. If an accessory equipment shelter is present, it must blend with the surrounding buildings in architectural character and color.
8. The structure must be architecturally and visually (color, size, bulk) compatible with surrounding existing buildings, structures, vegetation and uses. Such facilities will be considered architecturally and visually compatible if they are camouflaged to disguise the facility.
9. Site location and development shall preserve the pre-existing character of the site as much as possible. Existing vegetation should be preserved or improved, and disturbance of the existing topography of the site should be minimized, unless such disturbance would result in less visual impact of the site on the surrounding area. The effectiveness of visual mitigation techniques must be evaluated by the Town, in the Town’s sole discretion.
10. If they cannot be camouflaged, as provided in the foregoing paragraphs, the Planning Commission may require panel and parabolic antennas to be completely screened from residential views and public rights-of-way in a manner that is architecturally compatible with the building on which they are located.
C. WCFs requiring construction of a support structure may be located on the site of existing nonresidential uses except the following:
1. All portions of all Town parks except that portion of Wilkowski Park, which is substantially sheltered from public view by timber growth.
2. Areas where support structures may not be effectively screened from view by existing structures.
3. Areas where support structures cannot be located at least fifty (50) feet from the nearest residential use property line or the nearest vacant property zoned for residential use, measured from the property line.
4. WCFs requiring construction of a support structure must be located on a portion of the site that is effectively isolated from view of residential areas by structures or terrain features unless they are integrated or act as an architectural element of the structure, such as a flag pole. (Ord. 394 § 4, 1998)
15.16.040 Permitted height on non-residential properties.
A. WCFs utilizing a freestanding support structure shall be limited to one hundred twenty (120) feet in height above original grade, including the height of attached directional parabolic and ancillary antennas.
B. Omni-directional antennas and supporting structures shall be limited to forty (40) feet in height above original grade.
C. A modification of the maximum height may be granted by the planning commission subject to approval of the council, if the applicant can show by clear and convincing evidence that (1) the added height would pose no safety threat and (2) the additional height is necessary to provide service to the residents of the town and no other alternative is available or that the requested additional height is necessary to meet the requirements of the technology, and is compatible with the safety and aesthetic standards prescribed by this chapter. (Ord. 394 § 5, 1998)
15.16.050 Site development and design standards.
A. Freestanding WCFs shall conform to the following site development and design standards:
1. Setback. Support structures shall be set back from all residential property lines a distance equal to the height of the support structure plus the height of any antennas, and shall comply with all required setbacks of the zoning districts in which they are located.
2. Screening. Support structures shall be designed and placed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures so as to:
a. Use existing site features to screen as much of the total WCF as possible from prevalent views; and/or,
b. Use existing site features as a background so that the total WCF blends into the background with increased site distances.
3. Landscaping. Relocation of a proposed facility on the site and in-fill landscaping of mature plant materials consistent with landscaping of the Town may be required by the Planning Commission to make the best use of or to supplement existing trees and vegetation to more effectively screen the facility.
4. Visual. Support structures, panel and parabolic antennas, and any associated hardware shall be painted a non-reflective color or color scheme appropriate to the background against which the WCF would be viewed from a majority of points within its viewshed. Natural colors only may be employed and the final colors and color scheme must meet the approval of the Planning Commission.
5. Parking/Access. At least one parking space plus adequate turnaround area shall be provided inside the fenced area. The access road, parking and turnaround areas shall have an all-weather surface. The access road must be a minimum of ten (10) feet wide.
6. Anti-climbing Devices. All freestanding WCFs must be fitted with effective anti-climbing devices.
7. Signals, Lights and Signs. No signals, lights or signs shall be permitted on a WCF unless required by the FCC or the FAA except that all WCFs shall have placed on their access gates a current name and telephone number of the provider or other responsible party to be by the Town or in any emergency.
8. Outdoor Storage. Outdoor storage of motor vehicles or materials associated with the WCF is prohibited.
9. Noise and Interference. WCFs shall not cause noise that unreasonably interferes with the enjoyment of adjacent residential properties, or interference with electrical or television transmission or reception functions.
10. Equipment enclosures shall conform to the following:
a. Equipment enclosures will be placed underground if site conditions permit and if technically feasible.
b. Equipment enclosures shall be totally screened from view except as provided in 15.16.040(10)(c).
c. Walk-in equipment enclosures:
1. May not be constructed with exposed metal surfaces.
2. May be allowed to be only partially screened from view, if the Planning Commission finds that:
3. The walk-in equipment enclosure has been designed using materials, colors and detailing that produce a structure that emulates the residential character of the Town.
11. Security fencing:
a. For public safety and security purposes, a minimum six (6) foot high chain link fence with privacy slats and topped with three (3) strands of barbed wire or an equivalent deterrent, shall be installed around the perimeter of the site. The fence shall require a building permit. Access to the tower must be through a locked gate.
b. Security fencing shall be effectively screened from view through the use of appropriate landscaping materials consistent with Rainier landscaping standards.
c. Chain-link fences shall be painted or coated with a non-reflective color designed to blend with the landscape. (Ord. 394 § 6, 1998)
15.16.060 Co-location.
A. A permittee shall cooperate with other WCF providers in co-locating additional antennas on support structures and/or on existing buildings, provided said proposed co-locators have received a special use permit from the Town for such use at said site. A permittee shall exercise good faith in co-locating with other providers and sharing the permitted site, provided such shared use does not give rise to a substantial technical level impairment of the ability to provide the permitted use (i.e., a significant interference in broadcast or reception capabilities as opposed to a competitive conflict or financial burden). Such good faith shall include sharing technical information to evaluate the feasibility of co-location. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the Town may require a third party technical study at the expense of either or both the applicant and permittee.
B. All applicants shall demonstrate reasonable efforts in developing a co-location alternative for their proposal.
C. Failure to comply with the co-location requirements of this section may result in the denial of a permit request or revocation of an existing permit. (Ord. 394 § 7, 1998)
15.16.070 Submittal requirements.
A. Application: The following items are required for a WCF application, in addition to the information requested or required in the Special Use permitting process under Chapter 84 of Rainier’s Development Regulations:
1. A diagram or map that shows the viewshed of the proposed facility.
2. Photo-simulations of the proposed facility from affected residential properties and public rights-of-way at varying distances.
3. A map that shows the service area of the proposed WCF and an explanation of the need for that facility.
4. A map that shows the locations and service areas of other WCF sites operated by the applicant and those that are proposed by the applicant which are close enough to impact service within the Town.
5. A site/landscaping plan that shows the specific placement of the WCF on the site; that shows the location of existing structures, trees and other significant site features; and indicating type and locations of plant materials used to screen WCF components and the proposed color(s) for the WCF.
6. A signed statement that:
a. The applicant agrees to allow for the potential co-location of additional WCF equipment by other providers on the applicant’s structure or within the same site location; and
b. The applicant agrees to remove the facility within 90 days after that site’s use is discontinued.
7. Documentation that the proposed WCF tower will accommodate at least two additional WCF providers unless the applicant demonstrates why such design is not feasible for economic, technical or physical reasons.
8. Provisions in the provider’s lease agreement that:
a. Allow the landholder to enter into leases with other providers; and
b. Specify that if the provider fails to remove the facility within ninety (90) days after its discontinued use, the responsibility for removal falls upon the landholder.
Provisions relating to co-location under this section may be modified by the planning commission as necessary, consistently with permissible modifications under 15.16.050 relating to co-location in general, subject to the Council’s approval.
B. Approval of a WCF will occur through the issuance of a special use permit, under Chapter 84 of the Town’s Development Regulations, which requires compliance with all requirements and limitations set forth in this chapter. Applications for WCF special use permits shall be subject to review and recommended approval or disapproval by the Town’s planning commission, which will then submit its written recommendation to the town council for final action.
C. Except as otherwise provided in this ordinance, the permit fee for each new or renewal permit for each site shall be $5,000.00 plus all consulting costs required to satisfy requirements of this chapter. The permit fee shall be reduced to $3,000.00 plus consulting costs for an applicant who is co-locating at the site of an existing provider and does not require any additional support structure or expansion of an existing support structure. (Ord. 394 § 8, 1998)
15.16.080 Radio frequency standards.
A. The applicant shall comply with federal standards for radio frequency emissions. Within six (6) months after the issuance of its operational permit, the applicant shall submit a project implementation report which provides cumulative field measurements of radio frequency emissions of all antennas installed at the subject site and compares the results with established federal standards. Said report shall be subject to review and approval by the Town’s planning commission for consistency with federal standards. If on review, the Town’s planning commission finds that the WCF does not meet federal standards, the report shall include a recommendation as to whether or not the Town council should revoke or modify the special use permit.
B. The applicant shall ensure that the WCF will not cause localized interference with the reception of area television or radio broadcasts. If on review the Town finds that the WCF interferes with such reception, and if such interference is not cured within sixty (60) days, the town may revoke or modify the special use permit. (Ord. 394 § 9, 1998)
15.16.090 Technological change and periodic review.
A. The Town recognizes that WCFs and communication technologies in general are currently subject to rapid change. Innovations in such things as switching hardware and software, transmission and/or receiving equipment, communications protocols; and the development of hybrid cable/wireless systems may result in reducing the impacts of individual facilities and may render specific portions of this chapter obsolete. Therefore, the Town shall review this chapter at least once every five years, or upon request of the town council, mayor or planning commission.
B. At the time of review a member of the Town’s planning commission and/or a qualified communications consultant selected by the planning commission with the approval of the town council will prepare a written report to be submitted to the planning commission and the town council. The report will assess this chapter relative to current trends in the communications industry, innovations in communications technology, permit activity during the previous five years, and effectiveness in producing WCFs that are compatible with the Town’s residential character.
C. The previously selected planning commission member and/or qualified communications consultant shall, if necessary, recommend updates to the chapter that may include, but not be limited to, the deletion, modification or addition of allowed locations; allowed heights; site development requirements; administrative review possibilities; or permitting procedures. (Ord. 394 § 10, 1998)
15.16.100 Permit limitations.
A. The special use permit for a WCF shall expire five (5) years after the effective date of the permit approval. A permittee wishing to continue the use of a specific WCF at the end of the five (5) year period must apply for a special use permit renewal application for continued use at least six (6) months prior to its expiration. In ruling on said renewal the planning commission shall apply all then existing regulations affecting the application.
B. The special use permit shall become null, void and non-renewable if the permitted facility is not constructed and placed into use within one (1) year of the date of the planning commission’s approval: PROVIDED, however, that the special use permit may be extended one (1) time for up to six (6) months if construction has commenced before expiration of the initial year, upon payment of an extension fee of $500.00.
C. The permittee/operator of a WCF shall and does, upon approval of the special use permit, agree to indemnify, protect, defend and hold harmless the Town, its council members, planning commission members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys’ fees (collectively referred to as “liabilities”) incurred by the Town arising, directly or indirectly, from: (a) the Town’s approval and issuance of the special use permit; (b) the Town’s approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein; and, (c) the applicant’s installation and operation of the facility permitted hereby, including, without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. Permittee/operator compliance with the section is an express condition of the special use permit and this provision shall be binding on any and all of the permittee’ s/operator’ s successors and assigns.
D. The permit shall expire and the applicant must remove the facility if the facility is not put into use within ninety (90) days after construction, or if its use is discontinued for a period in excess of ninety (90) days. If the facility is not so removed, the Town may cause the facility to be removed and the applicant or landholder shall pay all expenses for removal of the facility. The landholder shall not prevent, restrict or obstruct in any manner the removal of the facility by either the applicant or the Town.
E. The applicant shall maintain the WCF to standards that may be imposed by the Town at the time of the granting of a permit. Such maintenance shall include, but shall not be limited to, maintenance of the paint, structural integrity and landscaping. If the applicant fails to maintain the facility, the Town, following ten (10) days notice to the applicant, may undertake the maintenance at the expense of the applicant or terminate the permit, at its sole option.
F. The applicant shall notify the town of all changes in ownership or operation of the facility within sixty (60) days of the change. Changes in ownership will cause immediate expiration of the current special use permit and require issuance of a new special use permit at the standard fee plus consulting costs for the new applicant. Changes in operation by the applicant shall require immediate review by the planning commission and/or a qualified communications consultant for continued issuance of the current special use permit at a costs of $500.00 plus consulting costs. (Ord. 394 § 11, 1998)
15.16.110 Special provision for residential antennas.
A residential antenna, as defined in 15.16.010, may be either:
1. A parabolic antenna, also referred to as a “dish” antenna, that is one meter (39 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home or business satellite service, when used as an accessory and not as a primary use on a property, and when the combined height of the antenna and its support structure do not exceed the limitations prescribed in this section.
2. An antenna that is one meter (39 inches) or less and is designed to receive video programming services via MMDS (wireless cable). Such antennas usually are mounted on “masts” to reach the height needed to establish line-of-sight contact with the transmitter. Such a mast, if supporting a freestanding antenna, shall not extend higher than twelve (12) feet above ground level or, if an attached antenna, the peak of the residential structure in the neighborhood, whichever is highest; PROVIDED, that in no event shall such antenna extend higher than twelve (12) feet above the residential structure to which it is attached.
3. An antenna that is designed to receive television broadcasts. The mast of such an antenna, if freestanding, shall not extend higher than twelve (12) feet above ground level or, if an attached antenna, the peak of the residential structure to which it is attached or the top of the highest existing structure in the neighborhood, whichever is highest. PROVIDED, that in no event shall such antenna extend higher than twelve (12) feet above the residential structure to which it is attached.
An attached residential antenna as defined in this chapter that meets the requirements of this section is not subject to other provisions of this ordinance relating to Wireless Communication Facilities, and is not subject to the permitting process required by other sections of this chapter.
The fee for a special use permit for an unattached residential antenna permitted within the limitations of this section shall be twenty-five dollars ($25.00).
If any provision in any other section of this chapter conflicts with a provision of this section, this section shall be controlling. (Ord. 394 § 12, 1998)
15.16.120 Other.
All other transmitting or receiving facilities not otherwise expressly provided for or exempted by this chapter shall be subject to the same permit requirements, safety and aesthetic and other standards as wireless communication facilities to the extent that such requirement or standard may be reasonably applied. If the application of such standards to the facility is not reasonably possible, such a facility shall be regulated in conformity with the type of antenna described in this chapter which most closely resembles such equipment. The special use permit fee for all such other facilities shall be the same as the fee for the permitted antenna that it most closely resembles.
The council, on recommendation of the planning commission, may exempt such other facility from any other applicable provision or provisions of this ordinance if the planning commission, pursuant to an application by the owner and following a public hearing pursuant to ten (10) days’ notice, determines that the provision or provisions in question are not reasonably applicable. (Ord. 394 § 13, 1998)
15.16.130 Applicability.
The requirements of this chapter apply to all new WCFs and the expansion and/or alteration of any existing WCFs or other facilities to which this chapter applies: PROVIDED, that an in-kind or smaller replacement of transmission equipment components will require only an advance written notification to the town unless otherwise provided in this chapter. (Ord. 394 § 14, 1998)
15.16.140 Severability.
If any provision of this chapter or its application to any person, entity or circumstance is held invalid or unenforceable, the remainder of this chapter or the application of the provision to other persons, entities or circumstances shall not be affected. (Ord. 394 § 15, 1998)