Chapter 17.28
TELECOMMUNICATIONS
Sections:
17.28.030 Mobile support towers.
17.28.040 Large satellite dish antennas.
17.28.050 Amateur radio towers and transmission facilities.
17.28.060 Wireless telecommunications facilities prohibited areas.
17.28.070 Wireless telecommunications facilities permitted locations.
17.28.080 Complete application checklist.
17.28.110 Wireless telecommunications facility height.
17.28.120 Screening and landscaping.
17.28.130 Additional conditional use permit decision criteria.
17.28.140 Abandonment and removal provisions.
17.28.010 Purpose.
The City of Airway Heights intends these regulations to provide for a competitive wireless telecommunications industry while protecting the health, safety, and general welfare of the citizens by controlling the placement, construction, and modification of wireless telecommunications towers and facilities.
This chapter will not have the effect of prohibiting any person from providing wireless telecommunications services in violation of the Communications Act of 1934 as amended by the Telecommunications Act of 1996, and any further amendments of the Communications Act of 1934 or exceptions to local regulations as defined by the Federal Communications Commission.
Specifically, this chapter is intended to:
A. Allow the location of wireless telecommunications towers and facilities in the City;
B. Protect residential areas from potential adverse impact of towers and telecommunications facilities;
C. Minimize adverse visual impact of towers and telecommunications facilities through careful design, siting, landscaping, and innovative stealth techniques;
D. Encourage the co-location of wireless communication facilities;
E. Encourage sound construction and maintenance of wireless communication facilities. (Ord. C-675 § 329, 2008)
17.28.020 Exemptions.
A. The City exempts by reference all facilities deemed exempt by the Federal Communications Commission generally to include but not be limited to the following:
1. A “dish” antenna that is one meter (39.37 inches) in diameter or less, regardless of zone, that is designed to receive direct broadcast service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite;
2. An antenna that is one meter or less in diameter or diagonal measurement and is designed to receive video programming services via multimedia digital satellite or to receive or transmit fixed wireless signals other than via satellite;
3. An antenna designed to receive local television broadcast signals. Masts higher than 12 feet may be subject to permitting requirements.
B. The following are also exempt from this chapter:
1. Maintenance of existing facilities that will not increase the height of support towers, the footprint of equipment, or the bulk of the facility;
2. Facilities that enhance emergency services communications constructed by a public entity or entity licensed by the City to provide emergency services. (Ord. C-675 § 330, 2008)
17.28.030 Mobile support towers.
Reserved. (Ord. C-675 § 331, 2008)
17.28.040 Large satellite dish antennas.
Large satellite dish antenna(s) are subject to administrative review, may only be placed in the rear yard, and cannot be placed within the required setback area. To conduct the administrative review, all or some of the complete application checklist (AHMC 17.28.080) items may be required by the City Planner at his/her discretion. If a reception window obstruction prevents adequate signal reception, then the large satellite dish antennas may be placed in an area other than the rear yard. The applicant must provide sufficient evidence to the Planning Department. The evidence shall be written and substantially from the service provider or a certified radio frequency engineer. All large satellite dish antennas shall be subject to inspection by the City. (Ord. C-675 § 332, 2008)
17.28.050 Amateur radio towers and transmission facilities.
Amateur radio towers and transmission facilities are subject to administrative review, may only be placed in the rear yard, and cannot be placed within the required setback area. To conduct the administrative review, all or some of the complete application checklist (AHMC 17.28.080) items may be required by the City Planner at his/her discretion. Amateur radio towers and transmission facilities shall be subject to review and inspection by the City, FCC, FAA and DOD to ensure structural integrity and safety. (Ord. C-675 § 333, 2008)
17.28.060 Wireless telecommunications facilities prohibited areas.
Wireless telecommunications facilities, broadcast facilities, relay facilities, and related support towers are prohibited in the following areas:
A. Zones classified as residential in this title;
B. Land identified by the Department of Defense and the Federal Aviation Administration as incompatible with wireless telecommunications facilities. (Ord. C-675 § 334, 2008)
17.28.070 Wireless telecommunications facilities permitted locations.
Wireless telecommunications facilities, broadcast facilities, relay towers and related support towers shall be permitted in the following zones using the conditional use permit process:
A. I-2 heavy industrial zone.
B. I-1 light industrial zone.
C. MZ mining zone.
D. C-2 general commercial zone.
E. C-1 restricted commercial zone. (Ord. C-675 § 335, 2008)
17.28.080 Complete application checklist.
In order to facilitate the expedient processing of applications, a complete application for wireless telecommunications facilities shall consist of, but may not be limited to, the following requirements. The City Planner has the discretionary authority to waive application requirements if requirements are deemed inapplicable for the specific facility.
A. Conditional use permit;
B. Federal Communications Commission Approval. The applicant shall provide written approval from the FCC for facility location;
C. Federal Aviation Administration Approval. Due to the location of the City to Spokane International Airport and Fairchild Air Force Base, FAA approval is required for all applications. The FAA may have specific reasons relating to support tower height and frequency interference that may preclude the siting of facilities and support towers. The applicant shall provide written approval;
D. Aviation Easement. Due to the location of the City to Spokane International Airport and Fairchild Air Force Base, an aviation easement from the appropriate installation may be required;
E. Department of Defense Approval. Due to the location of the City to Fairchild Air Force Base, DOD approval is required of any facilities and support towers within five miles of a DOD installation. The applicant shall provide written approval;
F. SEPA checklist (if needed);
G. Site plan (all site plans must meet current site plan requirements of the building and planning requirements);
H. Affidavit(s) of network location need. This will only be required where the applicant is unable to meet siting criteria;
I. Other applicable documents required by the City. (Ord. C-675 § 336, 2008)
17.28.090 Siting criteria.
Wireless telecommunications, broadcast, and relay providers shall use the following criteria in the order provided below for their site selection process. If wishing to move to the next lowest criterion, the applicant shall provide, at the time of application, current and technically sound evidence to demonstrate a network need to move to the next lowest criterion. Suitable evidence would need to be provided to move from criterion A to criterion B, from B to C, and from C to D. The Planning Commission will evaluate evidence during the CUP process. Co-location should be pursued whenever possible; facility providers are encouraged to allow for further facility location on new support towers. The provider shall seek locations in the following order:
A. Existing towers in the City of Airway Heights or other nearby jurisdictions for co-location;
B. Existing nonresidential structures, public or private, that provide adequate height for efficient operation of facilities;
C. Locations in industrial and mining zones;
D. Locations in commercial zones. (Ord. C-675 § 337, 2008)
17.28.100 Setbacks.
A. Wireless telecommunications facilities, broadcast facilities, relay facilities, and related support towers shall have a minimum setback of 500 feet from a residential zone;
B. Wireless telecommunications facilities shall have a minimum setback of one foot for every one foot in structure height from a residential unit located in a nonresidential zone;
C. Wireless telecommunications facilities shall have a minimum setback of either 25 feet from parcel boundaries or as required by the underlying zone, whichever is greater. (Ord. C-675 § 338, 2008)
17.28.110 Wireless telecommunications facility height.
To encourage co-location, the City has allowed for bonus height increases as described below. Providers must allow for support tower space as well as land area for related ground equipment. Wireless telecommunications support towers shall have the following height limitations:
|
Number of Providers Located on Tower |
Maximum Tower Height |
Max. Tower Height If Relief Is Granted |
|
1 |
60' |
72' |
|
2 |
80' |
96' |
|
3 |
100' |
120' |
Support towers are not to exceed 100 feet in any zone, except where and when it can be demonstrated through current and technically sound evidence that the maximum tower height is too short for reasonable network and area coverage. The Planning Commission may grant administrative relief for an increase of up to 20 percent of the maximum tower height, as depicted in 17.28 Table 1, Tower Co-Location Height Table. The Planning Commission may impose conditions consistent with this chapter. (Ord. C-675 § 339, 2008)
17.28.120 Screening and landscaping.
The City wishes to maintain visual harmony between land uses and public space in relation to wireless facilities and support towers. Screening and landscaping provide ideal methods to mitigate the aesthetic impacts of wireless facilities and support towers on surrounding land uses and public space.
A. Screening shall consist of a sight-obscuring fence. The fence shall make use of colors and materials that reduce the aesthetic impacts of facilities and related support towers. If used in combination with landscaping, then suitable colors shall be used to best match the landscaping. The fence shall be in compliance with the AHMC;
B. Landscaping shall be improved according to the current zoning code requirements for that zone;
C. The Planning Commission may require further landscaping and screening requirements when the site is located adjacent to a residential use or zone. (Ord. C-675 § 340, 2008)
17.28.130 Additional conditional use permit decision criteria.
The City shall use the following decision criteria in addition to the decision criteria for conditional use permits. The additional criteria are needed due to the specific requirements of this chapter. The following criteria will not apply to large satellite dish antennas or amateur radio facilities as defined in the Airway Heights Municipal Code:
A. Federal Communications Commission approval;
B. Federal Aviation Administration approval;
C. Department of Defense approval;
D. Conformance with site location criteria of this chapter;
E. Demonstrated network need for the facility;
F. Demonstrated inability to locate a suitable co-locatable facility;
G. Future co-location provisions;
H. Adequate parking. (Ord. C-675 § 341, 2008)
17.28.140 Abandonment and removal provisions.
A. Wireless telecommunications facility, broadcast facility, relay facility, and support tower providers and owners of such facilities shall dismantle the facilities after six calendar months of lack of use for intended purposes;
B. The City reserves the right to remove facilities if the facilities pose a hazard to the health, safety, and general welfare to residents of the City. Removal shall be at the property owner’s expense. Removal shall only occur when the City Engineer, City Planner, and Public Works Director have determined that the structural integrity of the facility or related support tower is compromised;
C. The City Planner retains discretion to extend the abandonment provision for 30 days beyond the six-month abandonment limitation. The City Planner may extend the time period by 30-day increments with the sum of such extensions not exceeding six months. (Ord. C-675 § 342, 2008)