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666 Wireless Communication FacilitiesCITY OF YELM ORDINANCE NO. 666 AN ORDINANCE OF THE CITY OF YELM, WASHINGTON, PERTAINING TO WIRELESS COMMUNICATION FACILITIES AND INCLUDING A PURPOSE STATEMENT, DEFINITIONS, EXEMPTIONS, PRIORITY OF LOCATIONS, CO- LOCATION AND DESIGN CRITERIA, LANDSCAPING REQUIREMENTS, RADIO FREQUENCY REQUIREMENTS, PERMIT AND FEE REQUIREMENTS, NON -USE AND ABANDONMENT PROVISIONS, THIRD PARTY REVIEW; AND ADDING A NEW CHAPTER TO THE YELM MUNICIPAL CODE, TITLE 17. WHEREAS, on February 24, 1999 the Yelm City Council enacted Ordinance No.656 imposing a moratorium on permitting telecommunication facilities, including wireless communication towers and facilities within the City of Yelm for 6 months, pending further study of the industry and the status of the City's existing laws and regulations; which was amended on August 11, 1999 by Ordinance No. extending the moratorium until September 8, 1999; and WHEREAS, on July 22, 1999, pursuant to the State Environmental Policy Act, the City issued a Detennination of Nonsignificance on the proposed Telecommunications Ordinance. WHEREAS, on July 28, 1999, pursuant to notice duly given, a public hearing was held and findings were duly made pursuant to RCW 35.63.200; and WHEREAS, the City Council further finds after thorough study, that the City's existing zoning code provisions are technologically dated, unclear or non - existent regarding wireless communication facilities, and do not adequately implement the goals, objectives and policies of the town's comprehensive plan; and WHEREAS, the City needs to adopt a comprehensive ordinance on the subject for the welfare of its residents and for guidance to telecommunications providers who may decide to locate their facilities within the City of Yelm; and WHEREAS, Thurston County has adopted a comprehensive new ordinance relating to wireless communication facilities, and the City Council has determined that it would be beneficial to consider adopting similar provisions to avoid unnecessary confusion and facilitate coordination between these two jurisdictions insofar as the City Council deems appropriate; NOW, THEREFORE THE COUNCIL OF THE CITY OF YELM ORDAINS THAT TITLE 17 OF THE YELM MUNICIPAL CODE SHALL BE AMENDED TO INCLUDE CHAPTER 17.67, WIRELESS COMMUNICATION FACILITIES AS FOLLOWS: Chapter 17.67 WIRELESS COMMUNICATION FACILITIES Sections: 17.67.010 Purpose 17.67.020 Definitions 17.67.030 Exemptions 17.67.040 Permitted Locations l 7.67.050 Prohibited Locations 17.67.060 Approval Authority l 7.67.070 Application Requirements 17.67.080 Third Party Technical Review 17.67.090 Co- location 17.67.100 Design Standards for Freestanding WCFs 17.67.110 Design Standards for Attached WCFs 17.67.120 Design Standards for WCF Ground Mounted Equipment Structures 17.67.130 Maintenance of Facilities 17.67.140 Abandonment 17.67.150 Radio Frequency Standards 17.67.160 Fees 17.67.170 Severability 17.67.180 Effective Date and Repealer 17.67.010 Purpose. The purpose of this chapter is to: A. Manage the location of Wireless Communication Facility (WCF) towers and antennas in the City of Yelm; B. Protect residential areas and other land uses from potential adverse impacts of WCFs; C. Minimize adverse visual impacts of WCFs through careful design, siting, landscape screening, and innovative camouflaging techniques; D. Accommodate an increased need for WCFs to serve the wireless communications needs of City residents; E. Promote and encourage co- location on freestanding WCFs as an option rather than construction of additional single -use WCFs, and reduce the number of such structures needed in the future; F. Consider the public health and safety of WCFs to the extent permitted by federal law; particularly the 1996 Federal Communications Act and regulations promulgated by the Federal Communications Commission (FCC); and G. Avoid potential damage to adjacent properties through sound engineering practices and the Ordinance No. 666 August 25, 1999 City of Yelm Page 2 proper siting of WCFs. 17.67.020 Definitions. A. "Abandonment" means to abandon or discontinue operation of a Wireless Communication Facility. B. "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 of radio or electromagnetic frequency signals for telephonic, radio, data, Internet, or television communication, 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 15 feet in height and up to 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 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. C. "Co- location" means the use of a single support structure and/or site by more than one wireless- communications provider. D. "Development Regulations" means the City of Yelm Ordinance 555 as now existing or hereafter amended. E. "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. F. "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. G. "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. Ordinance No. 666 August 25, 1999 City of Yelm Page 3 4. Existing Nonresidential Structure: existing structures as specified in Section 3 to which antennas may be attached which conform to the requirements of Section 3. F. "City" means the City of Yelm, or unless otherwise specified, the City Council of Yelm. G. "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 Communication 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: 1.) Antenna 2.) Support Structure 3.) Equipment Enclosure 4.) Security Barrier The term does not include a residential antenna as defined in Section 2 of this ordinance, except as otherwise may be expressly provided in this ordinance. 17.67.030 Exemptions. The following are exempt from the provisions of this chapter: A. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the Federal Communications Commission (FCC). B. Antennas and related equipment that are being stored, shipped, or displayed for sale. C. Radar systems for military and civilian communication and navigation. U. Wireless radio utilized for temporary emergency communications in the event of a disaster. E. Licensed amateur (ham) radio stations. F. Satellite dish antennas less than two meters in diameter, including direct to home or business satellite services, when used as an accessory use on a property. G. Routine maintenance or repair of a WCF and related equipment. 14. Subject to compliance with all other applicable standards of this ordinance, a building permit application need not be tiled for emergency repair or maintenance of a WCF until thirty (30) days after the completion of such emergency activity. I. A "Cell on Wheels" (COW) or other temporary WCF for a maximum of ninety (90) days during an emergency declared by the federal, state, or local government. J. AM /FM radio and television broadcast facilities or towers. Ordinance No. 666 August 25, 1999 City of Yelm Page 4 17.67.040 Permitted Locations: A. Priority Locations: 1. Place antennas and towers on public property if practical. 2. Place antennas on appropriate rights of way and existing structures, such as buildings, towers, water towers and smokestacks. 3. Place antennas and towers in districts zoned Industrial (I) and Industrial/Warehouse (I/W). 4. Place antennas and towers in districts zoned Large Lot Commercial (C -3) and Heavy Commercial (C -2). B. Secondary Locations: 1. Place antennas and towers in districts zoned Commercial (C -1) and Central Business District (CBD). 2. Place antennas and towers in districts zoned High- Density Residential (R -14), Moderate - Density Residential (R -6) and Low- Density Residential District (R -4). 17.67.050 Prohibited Locations. A. WCFs are prohibited on day care center properties, properties immediately adjacent to day care centers, public or private schools, properties immediately adjacent to public or private schools, or on City rights -of -ways. B. Attached WCFs are prohibited on single or two family dwellings. C. WCFs are prohibited on sites or structures which are on federal, state, or county recognized historic registers. D. WCFs are prohibited within critical areas and critical area buffers, as defined in Chapter 17.15 Yelm Municipal Code (YMC). 17.67.060 Approval Authority. A. The Approval Authority for freestanding WCFs in a Priority Location shall be the Site Plan Review Committee (SPRC.) B. The Approval Authority for freestanding WCFs in a Secondary Location shall be the City Council and shall require approval of a Special Use Permit, in accordance with the procedures in Chapter 17.66, YMC. C. The Approval Authority for attached WCFs is the SPRC and shall require approval of a Site Plan Review Permit, in accordance with the procedures in Chapter 17.84, YMC. C. The Approval Authority for co- location on an existing WCF or other communication tower, including structural modifications to the existing tower to accommodate co- location, is the Planning Department and shall require approval of a Site Plan Review Permit, in accordance with the procedures in Chapter 17.84, YMC. 17.67.070 Application Requirements. In addition to the application requirements in Section 17.84.060, the following information shall be required. Ordinance No. 666 August 25, 1999 City of Yelm Page 5 A. For all WCFs, the following information shall be required: The proposed color(s) of the facility including antennas; 2. A statement signed by the applicant and landowner indicating that: a. For freestanding WCFs, the applicant and landowner agree they will diligently negotiate in good faith to facilitate co- location of additional WCFs, by other WCF providers, on the applicant's structure; and b. For all WCFs, the applicant and landowner agree to dismantle and remove the WCF and restore the site within one (1) year after abandonment. Except for a co- location proposal, evidence justifying the need for a WCF in the proposed location and a WCF of the proposed height, including at minimum, a coverage area map and description of the methodology used to reach the height and locational decisions. 4. Documentation that the WCF will not cause substantial noise or interference with electrical, transmission or reception functions or cause similar disturbances. If applicant is also the WCF provider, proof that the applicant is licensed by the FCC, or not required to be licensed. If the applicant is not the WCF provider, proof of lease agreements with a FCC licensed WCF provider if such provider is required to be licensed by the FCC. Except for a co- location proposal, documentation that there are no co- location possibilities as an alternative to installation of the WCF. At minimum, this requires an assessment of any existing towers that have the location, as well as the existing or potential height, structural capability and equipment structure area, to serve the applicant's needs, a written request to those tower owners to co- locate on their facilities, and a good faith effort to work with those tower owners to co- locate. 8. Information identifying the radio frequencies to be received, transmitted, or relayed from the facility, and technical documentation demonstrating compliance with FCC standards for electromagnetic field strength in the form of power density expressed as micro -watts per square centimeter. 9. Documentation that the WCF antenna and support structure are safe and the surrounding areas will not be negatively affected by WCF failure, falling ice, or other debris or interference. B. For freestanding WCFs, the following additional information shall be required: 1. The reasonably calculated distance between the WCF and the nearest residentially zoned property and the nearest property with an existing residence. 2. A statement signed by the applicant stating the WCF will comply with all Federal Aviation Administration (FAA) regulations. A statement signed by the applicant documenting that the WCF will accommodate the co- location of at least two (2) additional antennas for future users, or an explanation Ordinance No. 666 August 25, 1999 City of Yelm Page 6 of why such design is not feasible for technical or physical reasons. 4. Documentation that adequate security measures will be provided, including anti - climbing devices. 5. Aerial test photos (e.g., balloon) from all four directions offsite, from close proximity to the front and rear of any residence on adjacent properties, including across any roadway fronting the subject property, and from the boundary line of any adjacent jurisdiction within two miles of the site. 6. Method and color of fencing and, if applicable, the method of camouflage and illumination. 17.67.080 Third Party Technical Review. The SPRC may require technical review by a third party as part of the permit review process. The selection of the third party expert shall be by mutual agreement by the provider and the SPRC. The costs of the technical review shall be borne by the applicant. Based on the results of the expert review, the SPRC may require changes to the WCF applicant's submittal. A third party technical review may include, but is not limited to, a review of a) the technical accuracy and completeness of submissions; b) the technical applicability of analysis techniques and methodologies; c) the validity of conclusions reached by the applicant; and /or d)other specific technical issues as identified by the SPRC. 17.67.090 Co- location. To minimize adverse visual impacts associated with the proliferation of WCFs, co- location is encouraged. The City may deny an application to construct new facilities if the applicant has not made a diligent effort to mount the facilities on an existing freestanding WCF or other communication tower. At a minimum, this requires an assessment of any existing towers that have the location, as well as the existing or potential height, structural capability and equipment structure area, to serve the applicant's needs, a written request to those tower owners to co- locate on their facilities, and a good faith effort to work with those tower owners to co- locate. 17.67.100 Design Standards for Freestanding WCFs. A. Maximum Height. One hundred fifty (150) feet including antennas for WCF's located in a Priority Location or sixty (60) feet in a Secondary Location. 2. Modification to the maximum height may be granted by the Approval Authority if the applicant can show by clear and convincing evidence that the additional height is necessary to provide adequate service to the residents of the City and no other alternative with lesser impacts is available. B. Setbacks. The setback shall be measured from the base of the WCF tower to the property line of the parcel on which it is located. 1. One hundred ten (I 10) percent of tower height, including antennas. 2. A maximum fifty (50) percent reduction to the setbacks may be granted by the Approval Authority, in a Priority Location only, if the WCF is built to a minimum wind stagnation pressure of 100 miles per hour, and an exposure and gust coefficient factor of C as listed in Tables 16 -F and 16 -G of the 1997 Uniform Building Code, as Ordinance No. 666 August 25, 1999 City of Yelm Page 7 amended. Further reduction to a minimum setback of fifty (50) feet may be granted by the Approval Authority, in a Priority Location only, if the applicant can demonstrate that without adding more than minimal screening the alternate location is substantially screened on all sides by existing vegetation, buildings or topography, or that such location better preserves view corridors for adjacent property owners and the public. C. Co- location. All freestanding WCFs shall be designed and constructed to fully accommodate at least two (2) additional WCF providers, including an area for each co- locator's equipment gear the base of the tower, each comparable in size to the area required by the applicant, unless the applicant demonstrates why such design is not feasible for technical or physical reasons. D. Separation. Freestanding WCFs shall be a minimum of fourteen hundred (1400) feet from another freestanding WCF or other communication tower. 2. Separation distances shall be measured from tower to tower regardless of property lines and roadways. 3. The separation may be reduced by up to fifty (50) percent under the following circumstances: a. Where the proposed freestanding WCF and an existing freestanding WCF or other communication tower are within a Priority Location. a. Where the proposed freestanding WCF and an existing freestanding WCF or other communication tower are within substantially different view corridors as determined by the Approval Authority; or b. Where it is clearly demonstrated by the applicant that from a technical standpoint a reduced separation is necessary. 4. Freestanding WCFs may be clustered within all industrial districts so long as all WCFs within the cluster are more than five hundred (500) feet from residential zoning districts and any property with an existing residence. E. Siting and Screening. 1. Siting. Significant visual impacts of a WCF, from the front and rear of any residence on adjacent properties and for any residence across the roadway from the WCF, shall be minimized to the maximum extent feasible through careful siting. 2. Color. WCF towers and antennas shall have a non -glare finish in a gray, blue, green or other color to blend with the surroundings or horizon unless a different color is required by the FCC; or FAA. The finish must be approved by the Approval Authority. 3. Screening: a. If the area within fifty (50) feet of the site perimeter is treed such that Ordinance No. 666 August 25, 1999 City of Yehn Page 8 substantial year -round screening of the WCF site is provided, as determined by the Approval Authority: Prior to the issuance of building permits, the applicant shall cause an easement signed by the property owner to be recorded with the County Auditor establishing a tree retention buffer. A copy of the recorded easement shall be provided to the Planning Department. The buffer shall be a minimum of fifty (50) feet wide and shall extend around the perimeter outside of the fenced tower site, excluding the access point. This buffer must extend into the adjacent property if the tower setback has been reduced such that the buffer will not fit entirely on the subject property. The Approval Authority may require the buffer area to be enhanced to provide the desired level of screening for the ground level facilities. Any tree within the buffer that dies or is removed due to disease or wind throw shall be replaced during the next planting season with a minimum of two (2) conifer trees a minimum of six (6) feet in height at the time of planting. The buffer shall be maintained so long as the tower is located on the site. b. If site is not a treed area: A minimum twenty (20) foot wide buffer around the perimeter outside of the fenced site, excluding the access point, shall be planted with site - obscuring conifer trees. The trees shall be planted six (6) feet on center in at least three (3) offset rows. The trees shall be a minimum of six (6) feet in height at the time of planting and shall be maintained in a green and growing state so long as the tower is on the site. Planting shall occur prior to the tower becoming operational. C. The Approval Authority may modify the screening requirements where existing structures on site, existing vegetation along the parcel perimeter or topography provide adequate screening. F. Security. A minimum six (6) foot high chain link fence with privacy slats and topped with three strands of barbed wire shall be installed around the perimeter of the site for public safety and security purposes. Alternate methods of fencing may be approved if a level of public safety and security similar to that provided by the previously described fence can be clearly demonstrated. The fence and privacy slats shall be a deep green or other color which blends in with the surrounding environment. The fence will require a building permit. Access to the tower shall be through a locked gate. 2. All freestanding WCFs shall be fitted with anti - climbing devices. G. Parking /Access. At least one parking space, plus adequate turnaround area, shall be provided. The access road, parking and turnaround areas shall have a paved, gravel or other all- weather surface. The access road must be a minimum of ten (10) feet wide. H. Signals, Lights and Signs. No signals, lights or signs shall be permitted on a WCF unless required by the FCC or FAA, except that all WCFs shall have a sign posted on the access gate with the WCF provider name, contact phone number and emergency phone number on it. Ordinance No. 666 August 25, 1999 City of Yelm Page 9 1. Outdoor Storage. Outdoor storage of motor vehicles or materials associated with the WCF is prohibited outside of the fenced area installed pursuant to subsection F above. .1. Noise and Interference. WCFs shall not exceed noise standards as defined in Chapter 173- 60 WAC or cause interference with electrical, transmission or reception functions or cause similar disturbances. 17.67.110 Design Standards for Attached WCFs. A. Maximum Height. In a Priority Location, twenty -eight (28) feet above the building roof or top of structure on which it is mounted. In a Secondary Location, ten (l 0) feet above the building roof or top of structure on which it is mounted. B. Wall Mounted. If the antenna is mounted on a wall, it shall be as flush to the wall as technically possible. C. Architectural Compatibility, Screening and Camouflaging. The antenna shall be architecturally compatible with the building and wall on which it is mounted, and shall be constructed, finished, or fully screened to match as closely as possible the color and texture of the building and wall. Such facilities will be considered architecturally and visually compatible if they are camouflaged to disguise the WCF or designed to blend with the building on which it is mounted. D. Equipment Structures. Equipment structures mounted on a building roof shall either be hidden from view at ground level off -site or have a finish similar to the exterior building walls. Equipment for an attached antenna may also be located within the building on which the antenna is mounted. E. Signals, Lights, and Signs. No signals, lights or signs shall be permitted on an attached WCF unless required by the FCC or FAA. F. Outdoor Storage. Outdoor storage of motor vehicles or materials associated with the WCF is prohibited. G. Noise and Interference. WCFs shall not exceed noise standards as defined in Chapter 173 -60 WAC or cause interference with electrical, transmission or reception functions or cause similar disturbances. 17.67.120 Design Standards for WCF Ground Mounted Equipment Structures. A. Maximum Height. Ten (10) feet. B. Fenced Enclosure. Equipment structures shall be within a fenced enclosure, unless associated with an attached WCF. Equipment structures associated with attached WCFs and located outside fencing must meet all building setbacks, screening and other standards of the underlying zoning district and must be designed to be architecturally compatible with the building near which it is placed. C. Ordinance No. 666 August 25, 1999 City of Yelm Page 10 17.67.130 Maintenance of Facilities. All WCF facilities must be maintained in a good and safe condition, including fencing and landscaping buffers, and in a manner that complies with all applicable federal, state and local requirements. 17.67.140 Abandonment. A. No less than thirty (30) days prior to the date that a WCF provider plans to abandon or discontinue operation of a facility, the WCF provider must notify the City by certified U.S. mail of the proposed date of abandonment or discontinuation of operation. In the event that a WCF provider fails to give notice, the facility shall be considered abandoned upon the City's discovery of discontinuation of operation. Upon such abandonment, the WCF provider or landowner shall remove the WCF and restore the site, or reactivate the WCF within one (1) year. B. City approval for the WCF shall expire one (1) year from abandonment or immediately upon removal, whichever occurs earlier. 17.67.150 Radio Frequency Standards. A. The applicant shall comply with federal standards for radio frequency emissions. Within six 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 compare the results with established federal standards. Said report shall be subject to review and approval by the City Council for consistency with federal standards. if on review, the City Council finds that the WCF does not meet federal standards, the report shall include a recommendation as to whether or not the City Council should revoke or modify the Site Plan Review or Special Use Permit, subject to appeal as provided in Chapter 17.84 or 17.66, YMC, as may be applicable. 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 City finds that the WCF interferes with such reception, and if such interference is not cured within sixty (60) days, the City may revoke or modify the Site Plan Review or Special Use Permit. 17.67.160 Fees. A. Each application for new or renewal of a permit to site a WCF shall be accompanied by a fee as follows: $3,500.00 for a Site Plan Review Permit to site in a Priority Location plus all consulting costs required to satisfy requirements of this ordinance; $2,000 for a Site Plan Review Permit to Co- Locate at the site of an existing provider that does not require any additional support structure or expansion of an existing support structure plus all consulting costs required to satisfy requirements of this ordinance; $5,000.00 for a Special Use Permit to site in a Secondary Location plus all consulting costs required to satisfy requirements of this ordinance; $3,500.00 for a Special Use Permit to Co- Locate at the site of an existing provider that does not require any additional support structure or Ordinance No. 666 August 25, 1999 City of Yelm Page 11 expanstion of an existing support structure plus all consulting costs required to satisfy requirements of this ordinance. 17.67.170 Severability. If any provision of this ordinance or its application to any person, entity, or circumstance is held invalid or unenforceable, the remainder of this Ordinance or the application of the provision to other persons, entities or circumstances shall not be affected. 17.67.180 Effective Date This Ordinance shall be published on September 3, 1999 and take effect on September 8, 1999, 5 days after its publication. Passed by the City Council on this 25th day of August, 1999. Kathryn M. olf Mayor ATTEST: //�/vlj �� /'w j-1 A; es P. Bennick Clerk /Treasurer APPROVED AS TO FORM: Robert F. Hauth, City Attorney, Owens Davies Mackie Ordinance No. 666 August 25, 1999 City of Yelm Page 12