Chapter 17.74
WIRELESS COMMUNICATION FACILITIES
Sections:
17.74.050 Application contents.
17.74.060 Development standards.
17.74.080 Approval procedures.
17.74.090 Co-location and shared facilities.
17.74.100 Removal of abandoned WCFs.
17.74.010 Permit required.
It is unlawful for a person or individual, company, corporation or association or any other entity to engage in or construct a wireless communication facility (WCF) without first having obtained a permit in compliance with the provisions of this chapter subsequent to lawful adoption of the ordinance codified in this chapter. A WCF permit shall not be valid at any address or property other than the one appearing on the permit. The permit shall expire at the end of two years for WCF applications where lack of construction and lack of operation for said facility indicate no measurable progress on the permitted project. (Ord. O-01-05 § 2 (part))
17.74.030 General provisions.
A. The purpose of this chapter is to establish general guidelines for the siting of WCFs and to assure that the siting of WCFs is accomplished in a manner that will protect the public health, safety, and welfare of the citizens of Adams County by promoting the goals of this chapter.
B. The goals of this chapter are to:
1. Provide a range of locations in a variety of zones;
2. Provide clear performance standards for addressing the siting of WCFs;
3. Encourage the location of WCFs on existing structures, including utility poles, signs, water towers, buildings and other WCFs where feasible;
4. Encourage co-location and site sharing of new and existing WCFs;
5. Facilitate the use of public property and structures for WCFs;
6. Streamline and expedite existing structure procedures in accordance with the intent of state and federal law;
7. Enhance the ability of providers of telecommunications services to provide such service quickly, effectively and efficiently;
8. Require adherence to state and federal environmental laws;
9. Ensure the air traffic safety of local aerial applicators, other aviation users, and the general public. (Ord. O-01-05 § 2 (part))
17.74.040 Applicability.
A. Preexisting WCFs. WCFs for which a permit has been issued prior to the effective date of the ordinance codified in this chapter shall not be required to meet the requirements of this chapter as specified in Section 17.74.090, except as further specified in Section 17.74.110.
B. Exclusion for Amateur Radio Facilities. This chapter shall not govern the installation of any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
C. Relationship to General Aviation Facilities. WCFs proposed to be located within one mile of a general aviation facility shall require a conditional use permit to be obtained subsequent to a hearing body review.
D. Outdoor Advertising. No WCF shall be used in such a manner to support or display any outdoor signage or banners for any commercial or advertisement purposes.
E. Relationship to Other Ordinances. Where allowed by law, this chapter shall supersede all conflicting requirements of other codes and ordinances regarding the location and permitting of WCFs, except shorelines and environmental regulations.
F. Compliance to All Federal and State Aviation Laws. When applicable, proponents must provide documentation that all pertinent requirements of the Federal Communications Commission, Federal Aviation Administration, the State of Washington Department of Transportation Aviation Division, and any required aviation easements have been satisfied prior to application for a local permit. (Ord. O-01-05 § 2 (part))
17.74.050 Application contents.
WCFs subject to this chapter shall meet the following provisions regarding application. Antenna arrays, as defined above, or small satellite dishes are exempt from these provisions when co-located on existing, permitted WCFs.
A. Site Plan Representation.
1. A line map to scale showing the subject property and all properties within one and one-half times the height of the proposed tower, and the location of all buildings, including accessory structures, on all properties;
2. Lines representing the sight line from surrounding viewpoints, i.e., point from which view is taken, and visible point, i.e., point being viewed, from “sight lines”;
3. Sight line representation and photographs.
B. A sight line representation shall be drawn from the closest facade of each surrounding building (viewpoint) included on the vicinity plan to the highest point (visible point) of the telecommunication facility. Each sight line shall be depicted in profile, drawn to one inch equals twenty feet. The profiles shall show in detail and scale all intervening trees and buildings.
C. Existing (Before) Conditions Photographs. Each sight line shall be illustrated by one four-inch-by-six-inch color photograph of what can currently be seen from the surrounding building(s).
D. Proposed (After) Conditions Photographs. Each of the existing conditions photographs shall have the proposed personal wireless facility superimposed on it to show what will be seen from surrounding buildings if the proposed facility is built.
E. Siting elevation or views at grade from the north, south, east and west for a fifty-foot radius around the facility plus from all existing public and private roads that serve the subject property.
F. A map identifying any existing telecommunication towers or facilities within a ten-mile radius of the proposed site.
G. Written documentation under a licensed engineer’s stamp verifying the need for a guy-wire support tower when no other means of support structure is available due to technical or engineering constraints. (Ord. O-01-05 § 2 (part))
17.74.060 Development standards.
A. Height Standards.
1. Attached WCFs. Attached WCFs shall not add more than twenty feet in height to the existing building or structure to which they are attached (attachment structure).
2. WCFs with Support Structure.
a. Industrial Zones. In the industrial zones the maximum height for a WCF shall be two hundred feet.
b. Agricultural Zones. In the agricultural zones the maximum height for a WCF shall be two hundred feet.
c. Commercial Zones. In the commercial zones the maximum height for a WCF shall be one hundred twenty feet.
d. Residential Zones. In the residential zones the maximum height for a WCF shall be sixty feet.
B. Setback Standards.
1. Attached WCFs. Antenna arrays for attached WCFs are exempt from the setback standards of this section and from the setbacks in any zone in which they are located. An attached array may exceed up to five feet horizontally beyond the edge of the attachment structure so long as the antenna array does not encroach upon an adjoining parcel.
2. Equipment Facilities. All equipment shall meet the setback development standards for the underlying zone in which they are located.
3. WCFs with Support Structures. Where permitted, WCFs with support structures shall be constructed and installed as far away from existing off-site buildings as is possible, and in no event nearer to any public road, alley, off-site primary or accessory structure, railroad track, or public park than a minimum distance of one hundred fifteen percent of the height of the tower.
C. Landscaping and Screening.
1. WCFs shall be landscaped in such a way that the existing natural features and land forms are preserved to the extent possible; provided, however, that vegetation that causes interference with antennas or inhibits access to the equipment facility may be trimmed.
2. In residential zones a WCF shall be landscaped with an additional buffer to a maximum of ten feet in width unless the equipment facility can otherwise be obscured from view from the primary arterial serving the WCF, or the equipment facility can be adequately screened with existing vegetation.
D. Aesthetics/Placement, Materials, and Colors.
1. Attached WCFs.
a. Attached WCFs that are visible to adjacent residences shall be designed so as to blend with the existing structures to the extent feasible, including placement in a location that is consistent with proper functioning of the WCF, and the use of compatible or neutral colors.
b. Attached WCFs that are visible to adjacent residences, which have aesthetic impacts that cannot be reasonably mitigated by placement and color solutions, may be required to be screened in an alternative manner.
2. WCFs with support structures shall be designed so as to blend with the existing surroundings to the extent feasible, including the use of compatible colors. Exceptions to this section may be granted to those WCFs with support structures that pose a danger or a threat to general aviation facilities, aviation practices and/or flight patterns.
3. Equipment facilities shall use materials, colors and textures that will blend with the natural setting and built environment.
E. Lighting. WCFs shall not be artificially lighted, except for:
1. Security and safety lighting of equipment buildings if such lighting is appropriately down-shielded to keep light within the boundaries of the site; and
2. Such lighting of the WCF as may be required by the Federal Aviation Administration or other applicable authority installed in such a manner to minimize impacts on adjacent residences.
F. Noise. No equipment shall be operated at a WCF so as to produce noise in excess of the applicable noise standards under WAC Chapter 173-60, except in applicable situations exempt from noise standards as per WAC 173-60-050.
G. Security Fencing. WCFs with support structures shall be enclosed by a security fence not less than six feet in height and the support structure shall be equipped with an appropriate anti-climbing device; provided, however, that the governing authority may waive such requirements as it deems appropriate. However, nothing herein shall prevent security fencing which is necessary to meet other requirements of state and federal agencies.
H. Structural Integrity.
1. WCFs with support structures must be constructed to the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard entitled “Structural Standards for Steel Antenna Towers and Antenna Supporting Structures” (or equivalent) as it may be updated or amended.
2. Applicants seeking permitted use of any WCFs shall provide proof of adequate financial insurance typical to the industry to cover potential losses, as well as additional, specific protection for the permitting jurisdiction by means of a legal instrument crafted to indemnify and hold harmless said jurisdiction in the event of tower failure or other catastrophic events associated with a WCF.
I. 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 that extends outward uniformly to a width of one thousand two hundred fifty feet at a horizontal distance of five thousand 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 7:1 slope meeting the horizontal surface at one hundred fifty feet above the elevation of the airport.
3. Horizontal Surface. The horizontal surface begins by swinging arcs of five thousand feet from the center end of the runway surface creating an elongated oval above the runway. The height of the horizontal surface is one hundred fifty 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 four thousand feet at a slope of 20:1 with an initial elevation of one hundred fifty feet above the airport elevation.
J. Legal Access. All WCFs proposed to locate and operate within Adams County must possess and provide proof of legal access onto a publicly owned roadway as a condition of building permit approval. (Ord. O-01-05 § 2 (part))
17.74.070 Review process.
A. General. The applicable development standards referred to herein are those set forth in Section 17.74.060.
B. Permit Requirements for Attached WCFs.
1. Attached WCFs in the industrial, agricultural and commercial zones that meet the development standards are permitted outright by the local authority. Attached WCFs in the industrial, agricultural and commercial zones exceeding development standards shall be permitted through administrative review authority, except WCFs proposed to be located within one mile of a general aviation facility. Evidence of sufficient structural integrity to support the burden of additional attached WCFs, in the form of a letter signed and stamped by a licensed, professional engineer, shall be provided as proof to the local authority.
2. Attached WCFs in the residential zones on nonresidential structures that meet the development standards are permitted through administrative review authority, except WCFs proposed to be located within one mile of a general aviation facility. Attached WCFs in the residential zones that meet the development standards on residential structures are permitted by a hearing body review (board of adjustment) through a conditional use permit (CUP). Attached WCFs in the residential zones on nonresidential structures that exceed the development standards shall be permitted by an administrative review authority, except WCFs proposed to be located within one mile of a general aviation facility. Attached WCFs that exceed the development standards on residential structures shall require permitting by the board of adjustment through a CUP. Evidence of sufficient structural integrity to support the burden of additional WCFs, in the form of a letter signed and stamped by a licensed, professional engineer, shall be provided as proof to the local authority.
C. WCFs with support structures are permitted as follows:
1. WCFs with support structures in the industrial, agricultural and commercial zones that meet development standards may be permitted by administrative review authority, except WCFs proposed to be located within one mile of an aviation facility. WCFs with support structures in the industrial, agricultural and commercial zones that exceed the development standards may be permitted by CUP.
2. WCFs with support structures in the residential zones that meet the development standards may be permitted by CUP. WCFs with support structures in the residential zones that exceed the development standards may be permitted by CUP.
D. WCFs proposed as a part of a residential or commercial subdivision, planned residential development, a binding site plan permit or other coordinated development approval are to be reviewed and approved through those specific processes.
E. WCFs on property owned, leased or otherwise controlled by the governing authority of the jurisdiction; provided, that the WCF has been approved by the governing authority, are approved outright, except WCFs proposed to be located within one mile of a general aviation facility.
F. Temporary WCFs for a term not to exceed ninety days, with a possible ninety-day extension, with approval from the building official, are permitted outright, except WCFs proposed to be located within one mile of a general aviation facility.
G. Applicant must provide evidence of the legal right to occupy and use the proposed location for a WCF. (Ord. O-01-05 § 2 (part))
17.74.080 Approval procedures.
A. Requirement for Facilities Permitted Outright. Where a facility is permitted outright, a building permit, evidence of structural integrity, proof of adequate financial insurance and a legal instrument crafted to indemnify and hold harmless said jurisdiction in the event of tower failure or other catastrophic events associated with the WCF shall be required.
B. Requirements for Facilities Permitted by Administrative Review. Where a facility is permitted by administrative review, application contents, a building permit, evidence of structural integrity, proof of adequate financial insurance and a legal instrument crafted to indemnify and hold harmless said jurisdiction in the event of tower failure or other catastrophic events shall be required.
1. Review of WCFs under this section will be conducted by the Adams County planning and building department upon application for a building permit for the WCF.
2. The Adams County planning and building department shall apply the development standards; provided, that applicable development standards may be reduced or waived by the administrator so long as the approval of the WCF meets the purpose and goals of this chapter in Section 17.74.030.
3. The Adams County building department shall render a decision on a complete building permit application within thirty days of receipt, except that the applicant may agree to an extension.
4. If administrative approval is denied, the applicant may appeal said denial in accordance with the provisions of this title concerning appeals of administrative decisions, Section 17.84.030(B).
C. Requirements for Facilities Permitted by Hearing Body Review. Where a facility is permitted through a CUP by a hearing body review as per Section 17.84.030(I), a building permit, evidence of structural integrity, proof of adequate financial insurance and a legal instrument crafted to indemnify and hold harmless said jurisdiction in the event of tower failure or other catastrophic events associated with the WCF shall be required.
1. Hearing Body. The body that shall review and approve WCFs pursuant to a hearing body review shall be the Adams County board of adjustment.
2. Application Contents. Each applicant requesting a conditional use permit subject to a hearing body review shall submit a scaled plan and scaled elevation view and other support drawings, calculations and documentation as identified in Section 17.74.050 showing the location and dimensions of the WCF and all improvements therewith, including information concerning support structure specifications, antenna locations, equipment facilities, landscaping, and fences, and, if relevant, topography, adjacent uses and existing vegetation. The hearing body may require additional information relevant to its consideration of whether the applicant meets the development standards.
3. Notice. Notice of the application and the public hearing by the hearing body shall be given in accordance with procedures under this title for notice of applications and hearings before the hearing body.
4. Hearing. The hearing body shall render a decision on the application under hearing body review after a public hearing is held in accordance with the procedures specified in this title or regulations adopted by the hearing body.
5. Review Criteria.
a. The review criteria to be applied by the hearing body are the development standards set forth in Section 17.74.060; provided, that in locations where the visual impact of the WCF would be minimal, the applicable development standards may be reduced or waived so long as the approval of the WCF meets the purpose and the goals of this chapter in Section 17.74.030.
b. CUP Conditions. The hearing body may impose conditions in addition to the development standards if all the following findings have been made:
i. The WCF would result in probable significant adverse impacts to safety and/or visibility to nearby residences or general aviation facilities.
ii. The conditions are based upon the purpose and goals of this chapter as set forth in Section 17.74.030 and other adopted policies or regulations of the jurisdiction.
6. Findings. All decisions rendered by the hearing body under a hearing body review shall be supported by findings of fact and conclusions of law based upon substantial evidence in the record.
7. Timing of Decision. The hearing body shall render its decision within one hundred twenty days of application, unless the hearing body can demonstrate that more time is required and that the applicant has agreed to a time extension.
8. Appeals. The decision of the hearing body may be appealed to the appropriate court of appeals in accordance with state code procedures as described in the Land Use Petition Act (LUPA, RCW Chapter 36.70C) for appeals of such decisions. (Ord. O-01-05 § 2 (part))
17.74.090 Co-location and shared facilities.
A. Co-Location Requirements.
1. Licensed carriers shall share personal telecommunication facilities and sites whenever possible, thereby reducing the number of stand-alone facilities.
2. All support structures shall be designed so as not to preclude co-location.
3. Applicants shall demonstrate a good faith effort to co-locate with other carriers. Such good faith effort includes demonstration by the applicant to:
a. Contract with other license carriers for commercial mobile radio services operating in Adams County;
b. Share information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location;
c. Provide a written statement indicating the reasons why the telecommunication project is not feasible as a co-location site in the event co-location is found not to be feasible;
d. Design and construct WCFs in a manner to allow future WCF co-location opportunities if feasible.
4. In the event co-location is represented not to be feasible, the county may retain a technical expert in the field of radio frequency engineering to verify if co-location at the site is not feasible or is feasible given the design configuration most accommodating to co-location. The cost for such a technical expert will be at the expense of the applicant.
5. A land use permit may be denied for failure to demonstrate a good faith effort to co-locate on existing WCFs or to provide for co-location. (Ord. O-01-05 § 2 (part))
17.74.100 Removal of abandoned WCFs.
Any WCF that is not operated for a continuous period of twelve months shall be considered abandoned, and the owner of such WCF shall remove same within ninety days of notice to the governing body that the WCF is abandoned. If such WCF is not removed within said ninety days, the governing authority may remove such WCF at the owner’s expense. If there are two or more users of a single WCF, then this provision shall not become effective until all users cease using the WCF. (Ord. O-01-05 § 2 (part))
17.74.110 Nonconforming uses.
WCFs in existence on the date of the adoption of the ordinance codified in this chapter which do not comply with the requirements of this chapter (nonconforming WCFs) are subject to the following provisions:
A. Nonconforming WCFs may continue in use for the purpose now used but may not be expanded without complying with this chapter, except as further provided in this section.
B. Nonconforming WCFs may add additional antennas (belonging to the same carrier or other carriers) subject to administrative review authority pursuant to Section 17.74.070(B), except WCFs that are located within one mile of a general aviation facility.
C. Nonconforming WCFs, which are hereafter damaged or destroyed due to any reason or cause, may be repaired and restored to their former use and location subject to Section 17.74.080(A), except WCFs proposed to be located within one mile of a general aviation facility. Co-location requirements shall also apply.
D. The owner of any nonconforming WCF may replace, repair, rebuild and/or expand such WCF in order to improve the structural integrity of the facility, to allow the facility to accommodate co-located antennas or facilities, or to upgrade the facilities to current engineering, technological or communications standards subject to Section 17.74.080(A), except WCFs that are located within one mile of a general aviation facility. Such facilities shall not increase in height by more than ten percent, not to exceed the maximum height of the underlying zone, and/or setbacks are not decreased by more than ten percent. (Ord. O-01-05 § 2 (part))
17.74.120 Modifications to existing facilities or preexisting facilities that meet the requirements of this chapter.
A. Minor Modifications. Minor modifications to WCFs permitted under this chapter shall be approved under administrative review authority, except WCFs located within one mile of a general aviation facility. Minor modifications are as follows: modification of the equipment facility that does not increase the footprint of the facility by more than twenty percent of its original footprint; the addition of no more than three antenna arrays to any existing WCF, so long as the addition of the antenna arrays add no more than twenty feet in height to the WCF not to exceed the maximum height of the underlying zone as per Section 17.74.060; an increase in height of the support structure which is no greater than ten percent of its present height, not to exceed the maximum height of the underlying zone as per Section 17.74.060, and so long as no penetration to the protected airspace of a general aviation facility would occur.
B. Major Modifications. Major modifications to WCFs permitted under this chapter shall be approved by a hearing body review. Major modifications are any modifications that exceed the definition of minor modifications. (Ord. O-01-05 § 2 (part))
17.74.130 Penalty.
Any person or individual, company, corporation or association or any other entity who engages in or constructs a WCF without first having obtained a permit in compliance with the provisions of this chapter shall be subject to the provisions of Section 17.88.040. (Ord. O-01-05 § 2 (part))