Chapter 21.37
WIRELESS SERVICE FACILITIES

Sections:

21.37.010    Purpose.

21.37.020    Applicability.

21.37.030    Permit required.

21.37.040    Exceptions.

21.37.050    General provisions.

21.37.060    Permitted locations.

21.37.070    Visibility and performance standards.

21.37.080    Requirements for modifications.

21.37.090    Supplemental provisions – Conditional uses.

21.37.100    Criteria for new monopole or stealth supported facilities.

21.37.110    Maintenance of facilities.

21.37.120    Co-location – Covenant of good faith.

21.37.130    Testing of facilities required – Radio-frequency (RF) emissions.

21.37.140    Testing of facilities required – Noise emissions.

21.37.150    Security fencing.

21.37.160    Abandonment of facilities.

21.37.170    Signs.

21.37.180    Lighting standards.

21.37.010 Purpose.

The purposes of this chapter are as follows:

(1) Establish development regulations consistent with Woodinville’s Comprehensive Plan;

(2) Protect property values and promote tourism through protection of scenic vistas of mountains, tree-covered hillsides, the valley floor, and tourist-related zones and areas;

(3) Maintain the Northwest woodland character of Woodinville and maintain the quality of life associated with the aesthetic character of Woodinville’s surroundings;

(4) Provide adequate sites for locating wireless service facilities;

(5) Provide facilities and infrastructure to provide wireless communications service to City residents or others when in Woodinville;

(6) Encourage optimal co-location and sharing of new and existing facilities;

(7) Encourage use of most appropriate technology and prompt removal of outdated or abandoned wireless service facilities;

(8) Encourage the location of wireless service facilities upon alternative support structures;

(9) Require that the design of wireless service facilities incorporate camouflage, disguise, screening and concealment technology so that such facilities blend into their surroundings;

(10) Facilitate the use of public property and structures for wireless service facilities to reduce the impact of such facilities upon residential and other property; and

(11) Provide a level, nondiscriminatory competitive environment and thereby encouraging increased competition among providers of functionally equivalent wireless services. (Ord. 611 § 8 (Att. A), 2016)

21.37.020 Applicability.

Except as otherwise provided herein, the placement of any wireless service facility at any location within Woodinville is subject to the provisions of this chapter. The standards and process requirements of this chapter supersede all other review process, setback, height or landscaping requirements of this title. Except as provided herein, all wireless service facilities shall comply with the provisions of this chapter. (Ord. 611 § 8 (Att. A), 2016)

21.37.030 Permit required.

(1) New Facilities. A wireless service facility (WSF) permit or conditional use permit (CUP) shall be required prior to the site preparation, construction, or installation of any new wireless service facility other than a temporary wireless service facility as defined in Chapter 21.11 WMC. The review process for wireless service facility permits shall be as specified in WMC 21.37.060.

(2) Modifications to Existing Facilities. Modifications to existing facilities that involve addition, removal, and/or replacement of transmission equipment that do not substantially change the physical dimensions of an existing wireless service facility shall be subject to the requirements in WMC 21.37.080 and required to apply for and obtain all applicable building, site development, and right-of-way permits provided for in this code prior to making the modification(s). A WSF or CUP will not be required for these types of modifications. Modifications that do substantially change the existing facility shall be subject to this chapter and follow the requirements for new facilities.

(a) For the purpose of this chapter, “substantial change” means the following:

(i) Any mounting of the proposed antenna on the tower that would increase the height of the tower by more than 10 percent over the height of the tower at the time the existing facilities proposed to be modified were initially permitted, except that the mounting of the proposed antenna may exceed the size limits set forth in this subsection if necessary to avoid interference with existing antennas; or

(ii) The mounting of the proposed antenna would involve the installation of more than the standard number of new equipment cabinets for the technology involved (not to exceed four) or more than one new equipment shelter; or

(iii) The mounting of the proposed antenna would involve adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than the width of the existing appurtenances and/or antennas, except that the mounting of the proposed antenna may exceed the size limits set forth in this subsection if necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable; or

(iv) The mounting of the proposed antenna would involve excavation outside the current tower site, defined as the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site.

(b) To the maximum extent feasible, additional equipment shall maintain the appearance intended by the original facility, including, but not limited to, color, screening, landscaping, stealthing, mounting configuration, or architectural treatment. To determine feasibility, the applicant shall submit an engineer’s report regarding the proposed modification and the feasibility of maintaining the appearance; the Director shall determine whether it is feasible to maintain the appearance.

(3) No wireless service facility permit shall be issued unless the applicant demonstrates compliance with the terms, conditions and performance standards set forth in this chapter. Any such permit denominated as a conditional use shall also meet the requirements for a conditional use permit set forth in WMC 21.84.010. (Ord. 706 § 33, 2020; Ord. 611 § 8 (Att. A), 2016)

21.37.040 Exceptions.

The design, siting (location or landscaping) and dimension requirements and/or standards of this section may have modifications by the Development Services Director when, in his or her judgment, design, siting and dimension requirements are proven to produce negative unintended results and/or accomplish the same results with alternatives. Such exceptions must be reviewed and approved by a standards review panel comprised of the Directors of the Development Services, Public Works, and Parks and Recreation Departments. (Ord. 611 § 8 (Att. A), 2016)

21.37.050 General provisions.

(1) Lattice and guyed wire towers shall not be permitted in any zoning district.

(2) Commercial advertising including billboards and business identification signs may not be used as alternative antenna support structures.

(3) Construction and/or installation of towers is prohibited within the Tourist District Overlay. (Ord. 611 § 8 (Att. A), 2016)

21.37.060 Permitted locations.

Wireless service facilities shall be permitted as follows, with the type of permit indicated:

Type of Facility

R1 – 8

R9+

CBD, GB, NB, TB, O

I

P/I, P

Street Pole Mounted

Permitted with WSF

Permitted with WSF

Permitted with WSF, except not permitted in CBD

Permitted with WSF

Permitted with WSF

Electric Transmission Towers

Permitted with WSF

Permitted with WSF

Permitted with WSF, except not permitted in CBD

Permitted with WSF

Permitted with WSF

Utility Poles Outside Public Rights-of-Way

Permitted with CUP

Permitted with CUP

Permitted with WSF, except not permitted in CBD

Permitted with WSF

Permitted with CUP

Water Tank Mounted

Permitted with WSF

Permitted with WSF

Permitted with WSF

Permitted with WSF

Permitted with WSF

Playfield, Ballfield and Stadium Light Mounted Facilities

Permitted with CUP

Permitted with CUP

Permitted with WSF

Permitted with WSF

Permitted with WSF

Building Attached

Permitted with WSF, only for nonresidential uses

Permitted with WSF, only for nonresidential uses

Permitted with WSF. In NB zone, restricted to buildings two stories and higher

Permitted with WSF

Permitted with WSF, except not permitted in P zone

Monopoles

Permitted with CUP

Permitted with CUP

Permitted with CUP

Permitted with CUP

Permitted with CUP

Co-Locations

Permitted with WSF

Permitted with WSF

Permitted with WSF

Permitted with WSF

Permitted with WSF

Stealth Support Structure

Permitted with WSF

Permitted with WSF

Permitted with WSF

Permitted with WSF

Permitted with WSF

Other Types Not Listed

 

 

Permitted with CUP

Permitted with CUP

 

(Ord. 611 § 8 (Att. A), 2016)

21.37.070 Visibility and performance standards.

All wireless service facilities locating within Woodinville shall comply with the following standards:

(1) Standards for all types of facilities:

General

1. All portions of the facility shall be the minimum size necessary to support operation of the facility, as certified by the provider’s licensed engineer. Where multiple facilities are proposed to be located in close proximity, they may be required to be consolidated in one equipment housing structure.

2. Owners and operators shall provide information regarding the opportunity for the co-location of facilities. Provision for future co-location may be required if technically feasible and where opportunities for smaller facilities with less impacts are limited due to topography, lack of existing above ground structures or other circumstances. To determine feasibility, the applicant shall submit an engineer’s report regarding the feasibility of co-location; the Director shall determine whether it is feasible to provide for future co-location.

Antennas

1. In general, an antenna array shall either be flush mounted within 12 inches of the support structure, or within 12 inches of the face of the building it is attached to; or be contained in a canister that is a continuation of the support structure and is centered on top of the support structure; or be placed pursuant to the City’s adopted design standards in Chapter 21.40 WMC.

2. All antennas or arrays shall be a color and material that matches the support structure.

3. For building attached facilities, roof-mounted installation is permitted when the City’s adopted design standards in Chapter 21.40 WMC have been met. The antennas, mounting brackets and any concealment structures shall be exempt from the height limit of the underlying zone to the extent that the total height of such facilities does not increase the overall building height by 18 feet, or 50 percent of the original building height, whichever is less.

Equipment Enclosures

1. All equipment necessary for the operation of the facility shall be concealed, either within an existing building, within an architecturally compatible addition to an existing building, or within a new building which is architecturally compatible with other buildings on the site and adjoining properties; or shall be located underground. Except that equipment enclosures may be located above ground, and landscaped and screened pursuant to this chapter, if the Development Services Director finds that the requirements of WMC 21.37.040 have been met. Underground shelters shall not be allowed where such shelters would interfere with existing uses of public land, including, but not limited to, public rights-of-way. Equipment enclosures less than or equal to five cubic feet, with no single dimension over three feet, and with the approval of the Public Works Director, may be mounted directly on a street pole.

2. Equipment enclosures are permitted upon abutting private property and may, with approval from the Public Works Director, be located within public rights-of-way.

3. The size of equipment enclosures shall be minimized to the greatest extent possible.

Appearance

The following standards may be applied, as required by the Development Services Director, to ensure the facility minimizes its visual impact:

1. Requiring specific materials, surfaces or finishes that achieve a facility that is compatible with the existing neighborhood, that blends with the surrounding setting, and/or is screened from surrounding uses and properties.

2. Requiring specific design and configurations to minimize visual intrusion of the facility on surrounding uses and properties. Such techniques include, for example: requiring transmission and power cables and other conduit to be contained within any support structure, located underground, or otherwise screened; requiring the lateral projection of antenna arrays to be minimized to the greatest extent technically feasible; and requiring antenna arrays to be integrated into the design of any structure to which they are attached. To determine feasibility, the applicant shall submit an engineer’s report regarding the feasibility of the lateral projection of antenna arrays; the Director shall determine whether the proposed projection is the least that is technically feasible.

3. For facilities on private property, requiring screening through the use of mature trees that are a minimum of 20 feet tall and planted to screen at least 80 percent of the area around the facility.

4. Prefabricated concrete and metal structures for equipment enclosures shall not be permitted unless treated with a facade giving the appearance of masonry or wood siding and approved by the Development Services Director.

5. For stealth supported structures, the structure shall be designed to resemble an object that would be commonly found in the area, including, but not limited to, a flagpole, a clock or bell tower, a tree that is a native conifer species, or a silo. Antennas, to the maximum extent feasible, shall be concealed by the stealth support structure, or shall not be easily recognized. To determine feasibility, the applicant shall submit an engineer’s report regarding the feasibility of concealing the antennas; the Director shall determine whether the proposed concealment is the maximum extent feasible.

Screening and Noise

Noise reduction measures shall comply with Chapter 8.08 WMC, Noise Regulation, or the standards set forth with the Federal Interagency Committee on Urban Noise, whichever demonstrates the least amount of noise impact for the nearest residential dwelling(s) at any time of day or night, as measured from the closest point from the exterior of the dwelling to the wireless facility. Such requirements shall be exempt during testing of alternative power sources (i.e., power generators or similar emergency power sources).

Landscaping

Facilities shall be surrounded with a 10-foot width of Type I landscaping, as defined in WMC 21.43.040, or requirements within the Tourist Overlay District, whichever is more stringent. All existing and required landscaping shall be maintained for the life of the facility, pursuant to WMC 21.43.130.

Setbacks

Facilities shall comply with the setback requirements set forth in Chapter 21.22 WMC, and meet or exceed the standards set forth in Chapter 8.08 WMC or the Federal Interagency Committee on Urban Noise, whichever demonstrates the least amount of noise impact for the nearest residential dwelling(s), as measured from the closest point from the exterior of the dwelling to the facility. Subject to approval by the Development Services Director, the setback may be reduced if the applicant uses noise abatement techniques, such as decorative noise walls, to achieve equivalent or greater reduction of visual and noise impacts from the facility.

For co-locations, new equipment associated with the facility shall be placed no closer to existing residential uses than any existing equipment enclosure on the subject property.

(2) Standards for specific types of facilities:

Street Pole Mounted

1. Only one facility shall be permitted on any street pole.

2. Facilities located within public rights-of-way shall be located a minimum of 500 feet apart; the Development Services Director and Public Works Director may approve a shorter distance, subject to the applicant submitting engineering analysis and equipment specifications that demonstrate the reduced distance is necessary to provide adequate coverage and/or capacity.

3. Where a utility located upon the support structure (such as a street or utility pole) requires vertical separation between its facilities and the antenna(s), the structure/pole and antenna may be raised by a mount to accommodate the minimum separation requirement, not to exceed 30 feet. Any additions shall be constructed of similar materials, and shall have surface treatments which match the color and texture of the original facility.

Electric Transmission Towers or Utility Poles Outside Public Rights-of-Way

Where a utility located upon the support structure (such as a street or utility pole) requires vertical separation between its facilities and the antenna(s), the structure/pole and antenna may be raised by a mount to accommodate the minimum separation requirement, not to exceed 30 feet. Any additions shall be constructed of similar materials, and shall have surface treatments which match the color and texture of the original facility.

Playfield, Ballfield and Stadium Light Mounted Facilities

Only one facility shall be permitted on any pole.

Building Attached

The equipment for roof-mounted antennas within the NB zone shall be located within the same building on which the antennas are located.

Monopoles

The height of the facility shall be no greater than 120 feet.

Co-Locations

1. Co-locations are permitted on existing monopoles and on existing stealth support structure facilities.

2. The height of the existing facility may be increased by the minimum separation necessary between the facilities, not to exceed 20 feet.

3. Existing monopoles and antenna support structures may be replaced to accommodate co-location. Monopoles and stealth support structures shall, to the maximum extent feasible, be located within 20 feet of the existing structure, and maintain the design of the original structure. To determine feasibility, the applicant shall submit an engineer’s report regarding the feasibility of a proposed location; the Director shall determine whether the proposed location is feasible.

Stealth Support Structure

The height of the facility shall be no greater than 120 feet.

(Ord. 611 § 8 (Att. A), 2016)

21.37.080 Requirements for modifications.

All modifications to wireless service facilities that do not substantially change the existing facility shall comply with the following standards:

(1) No modification shall violate the noise provisions in Chapter 8.08 WMC, or the standards set forth with the Federal Interagency Committee on Urban Noise. A noise study shall be submitted with any modification to antennas or equipment.

(2) No modification shall violate setback or other bulk requirements in Chapter 21.22 WMC.

(3) To the maximum extent feasible, modifications that change the appearance of the facility may be required to upgrade the facility in one or more of the following ways, where the improvements are needed to maintain compatibility with the existing neighborhood. To determine feasibility, the applicant shall submit a report acceptable to the Directors of Public Works and Development Services regarding the proposed modification and the feasibility of the upgrade; the Director shall determine whether it is feasible to maintain the appearance:

(a) Using specific finishes or paint on the tower/support structure and antennas;

(b) Adding mature trees that are a minimum of 20 feet tall, or paying into the tree fund as permitted in Chapter 21.50 WMC for an equivalent-sized tree;

(c) Adding Type I landscaping screening to the facility; and/or

(d) Adding architectural fencing or screening. (Ord. 611 § 8 (Att. A), 2016)

21.37.090 Supplemental provisions – Conditional uses.

(1) In addition to the criteria for approval of conditional uses set forth in Chapter 21.80 WMC, the following criteria shall apply to all wireless service facility permits denominated as conditional uses:

(a) The applicant has demonstrated that visual, noise, and other impacts associated with the proposed facility have been minimized to the maximum extent possible using existing concealment technology, site design, noise abatement techniques, concealment, disguise, camouflage, and/or the use of architecturally compatible improvements to existing structures where permitted, and/or underground placement of ancillary equipment. In evaluating the site design, consideration shall be given to whether the facility will blend into the surrounding topography, tree coverage, foliage, and other natural features and whether locating the facility in alternative locations upon the subject property, or reasonably available properties, would better conceal the facility through use of existing natural and built features;

(b) The applicant has demonstrated that the design of the proposed facility complies with the purpose and intent of this chapter, including, but not limited to, the visibility and performance standards set forth in WMC 21.37.070 which most closely match the proposed facility;

(c) Whether alternative locations, including other co-locations and alternative support structures, are available for the proposed facility; and

(d) Whether the proposed facility is in compliance with all applicable Federal, State, and local statutes, regulations, ordinances, and policies.

(2) In evaluating any proposed wireless service facility denominated as a conditional use, the Development Services Director may, at the expense of the applicant, retain an outside consultant to review the technical, design and other materials submitted by the applicant in conjunction with the proposal. (Ord. 611 § 8 (Att. A), 2016)

21.37.100 Criteria for new monopole or stealth supported facilities.

Any wireless service provider which proposes to construct a new monopole or stealth supported facility shall provide, as part of its permit application, written findings from a qualified engineer which demonstrate that:

(1) Either there are no other facilities reasonably available for co-location; or

(2) Any existing facilities reasonably available are not technologically suitable for use by the applicant; and

(3) The proposed monopole has been designed in a manner that will allow for the co-location of at least one additional antenna array on the structure. (Ord. 611 § 8 (Att. A), 2016)

21.37.110 Maintenance of facilities.

The owner and/or operator of all wireless service facilities shall maintain their facilities in a good and safe condition and in a manner which complies with all applicable Federal, State, and local requirements. (Ord. 611 § 8 (Att. A), 2016)

21.37.120 Co-location – Covenant of good faith.

All antenna support structures permitted pursuant to the terms of this chapter or otherwise located within Woodinville shall be made available for use by the owner or initial user thereof, together with as many other wireless service providers as can be technically co-located thereon. However, nothing in this chapter shall prevent the owner of an antenna support structure from charging a reasonable fee for the co-location of additional facilities upon said structure which does not exceed the fair market value for the space occupied by said co-located facilities. (Ord. 611 § 8 (Att. A), 2016)

21.37.130 Testing of facilities required – Radio-frequency (RF) emissions.

(1) All wireless service facilities shall comply with applicable Federal Communications Commission (FCC) regulations regarding radio-frequency emissions. All tests shall be performed by or under the supervision of a professional engineer competent to perform such testing and interpret the data gathered.

(2) Reports or similar support documents shall be submitted for all facilities confirming compliance with all applicable FCC regulations. Compliance reports shall be required when requested by the Development Services Director.

(3) If at any time radio-frequency emission tests show that a facility exceeds any of the standards established by the FCC, the owner or operator thereof shall immediately discontinue use of the facility and notify the Development Services Director. Use of such facilities may not resume until the owner or operator demonstrates that corrections have been completed which reduce the radio-frequency emissions to levels permitted by the FCC. (Ord. 611 § 8 (Att. A), 2016)

21.37.140 Testing of facilities required – Noise emissions.

(1) The owner or operator of a wireless service facility shall conduct tests necessary to demonstrate compliance with all applicable local regulations regarding the noise emissions of the facility when notified in writing by the Development Services Director that a noise complaint has been received regarding the facility. All such tests shall be performed by or under the supervision of a licensed environmental noise consultant competent to perform such tests and interpret the data gathered.

(2) When such a report is required, a report, certified by a licensed environmental noise consultant, setting forth the observed noise levels at the property line of the property upon which the facility is located shall be submitted. The report shall account for background noise and other noise sources and demonstrate the noise levels emitted by the facility, including any air conditioning or ventilation equipment contained therein. Such report shall address standards set forth within noise reduction measures within Chapter 8.08 WMC, Noise Regulation, or the standards set forth with the Federal Interagency Committee on Urban Noise, whichever demonstrates the least amount of noise impact for the nearest residential dwelling(s), at any time of day or night, as measured from the closest point from the exterior of the dwelling to the wireless facility.

(3) The Development Services Director may retain a technical expert in environmental noise measurement to verify the noise measurements and certification. The cost of such a technical expert shall be borne by the owner or operator of the facility, if said facility fails to comply with applicable State or local noise standards.

(4) This section shall not apply during the testing of alternative power sources (i.e., power generators). (Ord. 611 § 8 (Att. A), 2016)

21.37.150 Security fencing.

All wireless service facilities shall be protected from unauthorized entry. The perimeter of all wireless service facilities which include an antenna support structure shall be secured with security fencing which does not exceed six feet in height. Wireless service facilities that do not include an antenna support structure shall be protected from unauthorized entry through appropriate means approved by the Development Services Director or his or her designee on a case-by-case basis consistent with the purpose of protecting the public health, safety, and welfare. (Ord. 611 § 8 (Att. A), 2016)

21.37.160 Abandonment of facilities.

Any antenna support structure that has had no antennas mounted upon it for a period of six months, or if the antennas mounted thereon are not operated for a period of six months, shall be considered abandoned, and the owner thereof shall remove such structure and any accompanying equipment and enclosure within 90 days after receipt of a notice from the Development Services Director to do so. The Development Services Director may extend this time period to a maximum of six additional months. The owner or operator of all wireless service facilities shall, when requested by the Development Services Director, submit a written report, signed under penalty of perjury, which demonstrates whether or not there has been a cessation in use of the facility for a period of six months during the prior year. If a facility and associated equipment are not removed within 90 days after receipt of a notice from the Development Services Director requiring said removal, the Development Services Director may seek and obtain a court order directing such removal and imposing a lien upon the real property upon which such wireless service facility is situated in an amount equal to the cost of removal. In the event that more than one wireless service provider is using the antenna support structure, the antenna support structure shall not be considered abandoned until all such users cease using the structure as provided in this section. (Ord. 611 § 8 (Att. A), 2016)

21.37.170 Signs.

Except as approved by the Development Services Director as part of a plan to conceal, disguise, or camouflage a wireless service facility, no signs, symbols, flags, banners, or similar devices shall be placed on, attached to, painted, or inscribed upon any antenna support structure or alternative antenna support structure. Notwithstanding the foregoing, an applicant and/or land owner may place not more than four signs measuring 12 by 18 inches upon or near a wireless service facility which: (1) state that trespassers will be prosecuted; (2) list the names and telephone numbers of persons to be contacted in the event of an emergency; (3) identify the applicant and/or land owner or person responsible for operating the wireless facility; and/or (4) contain information necessary and convenient for the person operating the wireless service facility to identify the wireless service facility. Nothing in this section shall be construed to prohibit the placement of safety or warning signs upon any portion of the wireless service facility which are required by law or which are designed to apprise emergency response personnel and the employees and agents of wireless service providers of particular hazards associated with equipment located upon the wireless service facility. (Ord. 611 § 8 (Att. A), 2016)

21.37.180 Lighting standards.

Except as specifically required by Federal Aviation Administration (FAA) or FCC regulations, antenna support structures shall not be illuminated. However, equipment enclosures may be illuminated for security reasons when compatible with the surrounding neighborhood. (Ord. 611 § 8 (Att. A), 2016)