Chapter 18.86
WIRELESS COMMUNICATIONS FACILITIES
Sections:
18.86.040 Development standards for small cell facilities.
18.86.050 Location of wireless communication facilities.
18.86.090 Discontinuation of use.
18.86.100 Permit submittal requirement.
18.86.010 Purpose.
The purpose of this chapter is to provide placement, design and screening criteria for all wireless communication facilities (“WCFs”) in the county in order to protect the public health, safety, general welfare, and quality of life in the county while preserving the rights of wireless communication providers. By enacting this chapter, it is Columbia County’s intent to:
A. Ensure access to reliable wireless communications services throughout all areas of Columbia County;
B. Encourage the use of existing structures for the co-location of telecommunications facilities;
C. Encourage the location of support structures, to the extent possible, in areas where any potential adverse impacts on the community will be minimized;
D. Facilitate the responsible deployment of telecommunications facilities in residential areas to ensure comprehensive wireless services across Columbia County;
E. Minimize the potential adverse effects associated with the construction of monopoles and towers through the implementation of reasonable design, landscaping, and construction practices;
F. Ensure public health, safety, welfare, and convenience. [Ord. 2022-01.]
18.86.020 Definitions.
As used in this section, unless the context or subject matter clearly requires otherwise, the words and phrases defined below shall have the indicated meanings:
“Antenna” means an apparatus installed on a support structure designed for the transmission or reception of radio or electromagnetic frequency signals, including, but not limited to, panels, dishes, whips, or other similar equipment.
“Co-location” means the shared use of a WCF by more than one wireless communication provider.
“Conditional use” means a use that is permitted in one or more land use zones, but because of its unusual size, infrequent occurrence, special requirements, possible safety hazards or detrimental effects on surrounding properties, requires a special degree of control to ensure the use is consistent with other existing uses in the same zone and to ensure that the use will not be harmful to public interest.
“Existing structure” means a previously erected support structure or any other structure, including, but not limited to, buildings and water tanks, to which WCFs can be attached.
“Small cell network” means a collection of interrelated small cell facilities designed to deliver personal wireless services.
“Small cell wireless communication facility” means any wireless communications facility that meets the specifications of RCW 80.36.375. These are typically smaller units that are attached to existing street lights or telephone poles in the public right-of-way, but may be attached to existing structures.
“Support structure(s)” means a structure such as a tower, billboard, building, or other existing or proposed structure designed to support or capable of supporting a device used in transmitting or receiving radio frequency signals. Does not include a structure in the right-of-way designed solely for the co-location of small wireless facilities.
“Tower” means a structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities.
“Tower height” means the vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure. Measurement of tower height shall include antenna, base pad, and other appurtenances and shall be measured from the finished grade. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
“Wireless communication facility (“WCF”)” means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including, but not limited to, the enclosure where the support structure, antennas, accessory equipment, fences and any other equipment necessary for transmission or reception of radio or electromagnetic frequency signals are located. For the purposes of this chapter, this definition excludes small cell facilities.
“Wireless communication providers” means an entity that provides wireless communication services using radio or electromagnetic frequency signals. [Ord. 2022-01.]
18.86.030 Exemptions.
A. In the event an emergency or disaster is declared for the area, the emergency management director and planning director may confer and exempt WCFs from the requirements of this chapter during the duration of such emergency or disaster. Such exemptions shall be temporary and nonpermanent.
B. Telecommunications facilities and support structures that were legally permitted on or before the date the ordinance codified in this chapter was enacted shall be considered a permitted and lawful use. [Ord. 2022-01.]
18.86.040 Development standards for small cell facilities.
A. Small cell facilities are permitted in all zoning districts.
B. A building permit is required if attaching to any structure other than an existing utility pole in the public right-of-way. A consolidated permit may be submitted for the entire network rather than permits for each facility.
C. Small cell facilities shall be located on existing and/or primary use buildings, poles or other existing support structures.
D. Placement of a small cell facility on a nonconforming structure shall not be considered as an expansion of the nonconforming structure.
E. All WCFs co-located on existing buildings shall be compatible with the existing architecture, color, texture, and or materials of the building and when located on roofs shall avoid the “porcupine effect” through camouflage or other technique acceptable to the planning director.
F. The maximum height of WCFs in the right-of-way shall be at 50 feet.
G. In the case of existing utility poles, light standards, etc., if the utility pole is unable to support the attachment (as verified by a structural engineer or other qualified professional) the existing utility pole may be replaced. In no case shall the height of the replacement utility pole be greater than 50 feet. [Ord. 2022-01.]
18.86.050 Location of wireless communication facilities.
A. A conditional use permit is required for the placement of new wireless telecommunication towers, antennas, and related support structures in all zones indicated by the Columbia County zoning ordinance.
B. WCFs that are co-locating on an existing WCF are exempted from the conditional use permit requirements, but must acquire a building permit.
C. Upgrades and maintenance to existing WCFs require a building permit.
D. It is the policy of the county to locate WCFs in the county according to the following order of preference (highest to lowest preference):
1. Co-location on an existing WCF tower.
2. Co-location on an existing structure that is not a tower, such as nonresidential buildings, towers, and utility facilities. Preference is to the fascia of structures or mechanical penthouses.
3. In agricultural zones as permitted in the use matrix.
4. In ag residential zones as permitted in the use matrix.
5. Other locations deemed necessary by wireless communication providers with proof that preferred locations cannot meet the coverage needs.
E. WCFs must be set back a minimum of 100 percent of the height of the tower from any existing public road, property line or commercial or public building.
F. WCFs shall be sited no closer than 1,500 feet from any residence (except the residence(s) of the land owner on whose property the structure is to be placed), unless the other residence owner(s) signs a waiver to allow the structure to be closer. Such waivers will be valid for the current residence owner and for all future owners, unless/until the WCF is dismantled and removed. [Ord. 2022-01.]
18.86.060 Design standards.
A. Signs or advertising devices other than certification, warning, or other legally required seals or signs shall not be placed on or attached to WCFs.
B. Accessory equipment shall meet the following standards:
1. All accessory equipment associated with the operation of the WCF shall be located within a building or enclosure that complies with the development standards of the zoning district in which the accessory equipment is located.
2. Accessory equipment enclosures shall be limited to the housing of radio, electronic and related power equipment, and shall not be used for any other purpose, including storage.
C. All WCF support structures and accessory equipment shall be secured and enclosed with a fence not less than six feet in height. The planning commission (or hearing examiner if the tower is over 199 feet) may waive the requirement if it is deemed that a fence is not appropriate or needed at the proposed location.
D. Foundations and structures upon which antenna are to be mounted shall be designed to accommodate at least three carriers’ antenna.
E. Lighting for the WCF may be used for security reasons only and shall be shielded to prevent off-site glare. All exterior lighting shall be subject to approval by the planning director. In no case except when specifically required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC) or other state or federal agency will the WCF support structure be lighted.
F. A warning sign no larger than three square feet and no smaller than two square feet must be placed on the fencing access gate. It must contain the name of the tower and operator of the facility, a phone number for cases of emergency, and any other information required by law. [Ord. 2022-01.]
18.86.065 Height standards.1
A. The height of the WCF support structure is inclusive of any attachments.
B. The maximum height of any WCF to receive administrative conditional use permit approval shall be 199 feet. WCFs in excess of 199 feet must go before the hearing examiner for conditional use permit approval. [Ord. 2022-01.]
18.86.070 Noise.
Noise from standby power generators shall have mufflers and/or other attenuation devices to avoid becoming a nuisance to adjacent residences. [Ord. 2022-01.]
18.86.080 Co-location.
A. All applicants shall cooperate in good faith with existing WCF operators in co-locating additional antennas on support structures and/or on existing buildings provided the existing operator has received a permit for such use at said site.
B. No conditional use permit for the placement or construction of a WCF shall be issued unless the applicant presents to the planning director credible evidence establishing to a reasonable degree of certainty the following:
1. No existing tower or support structure is located within the area in which the applicant’s equipment must be located; or
2. No existing tower or support structure within the area in which the applicant’s equipment must be located is of sufficient height to meet applicant’s requirements and the deficiency in height cannot be remedied at a reasonable cost; or
3. No existing tower within the area in which the applicant’s equipment must be located has sufficient structural strength to support applicant’s equipment and the deficiency in structural strength cannot be remedied at a reasonable cost; or
4. The applicant’s equipment would cause electromagnetic interference with equipment on the existing tower(s) or support structure(s) within the area in which the applicant’s equipment must be located, or the equipment on the WCF would cause interference with the applicant’s equipment and the interference, from whatever source, cannot be eliminated at a reasonable cost; or
5. The fees, costs or contractual provisions required by the owner in order to co-locate on an existing tower or support structure are unreasonable relative to industry norms; or
6. The applicant demonstrates that there are other factors that render an existing tower or support structure unsuitable or unavailable and establishes that the public interest is best served by the placement or construction of a new tower.
C. All applicants shall exercise good faith in cooperating in co-locating with other wireless communication providers and sharing the permitted site, provided such proposed shared use does not prevent or unreasonably interfere with the existing use (i.e., significant interference in broadcast or reception capabilities as opposed to competitive conflict or financial burden). Such good faith cooperation shall include sharing technical information necessary to evaluate the feasibility of co-location.
1. If a provider is denied the opportunity to co-locate by a tower owner or operator with a conditional use permit granted under this chapter, the denied party shall obtain a technical study showing co-location is possible from an independent third party. If the study concludes co-location may occur without impairment to the existing operator, the tower owner shall be charged the expense of the study and co-location shall be permitted at such a reasonable fee, not to exceed the fair market value as the parties may agree.
2. If the parties are unable to agree on the fair market value, the parties shall notify the planning department in writing. The planning department will select a Washington State certified appraiser within 30 days at the expense of both parties. The determination of fair market value by such appraiser shall be binding on the parties. Failure of a tower owner to allow co-location at a reasonable fee on reasonable terms shall result in the immediate revocation of the owner’s conditional use permit. [Ord. 2022-01.]
18.86.090 Discontinuation of use.
A. Lawfully erected WCFs that are no longer being used shall be removed promptly from the premises, no later than one year after the discontinuation of use, except as otherwise provided by law. A WCF is considered abandoned if it ceases to provide wireless communication services that are substantially consistent with the application and/or purposes for which the WCF was constructed for one year. Such removal shall be in accordance with property health and safety requirements and all ordinances, rules and regulations of the county. The wireless communication provider shall send to the county a copy of the discontinuation notice required by the FCC at the time the notice is sent to the regulatory agency.
B. All facilities determined to be abandoned and not removed within the required one-year period from the date of notice shall be in violation of this chapter and operators of the facility and the owners of the property shall be subject to penalties for violations under the enforcement provisions of the zoning code. The county may remove all abandoned facilities following the one-year removal period at the operators’ expense. Facilities removed by the county shall be stored for no less than 30 days and thereafter be disposed of by public auction, if deemed to be of value by the county, or otherwise as permitted by law. [Ord. 2022-01.]
18.86.100 Permit submittal requirement.
A. In addition to the information required by any other part of the county code, the following items shall be required for any application for land use, development or construction permit for a WCF:
1. The conditional use permit application must be signed by all legal landowners of the property, the applicant, and proposed tower owner.
2. A legal description of the parcel of land in which the proposed tower is to be located.
3. A statement providing the reasons for the location, design and height of the proposed tower or antennas.
4. The contact name of the person managing the facility. This shall include the telephone number(s) and mailing address.
5. The general capacity of the tower in terms of the number and type of antennas it is designed to accommodate.
6. A map showing any existing, and/or approved WCFs within the vicinity (approximately two miles) of the proposed new WCF (not required of co-located facility).
7. A current overall system plan for the vicinity, showing facilities presently constructed or approved and propagation maps showing the before and after coverage with the new WCF (not required of co-located facility).
8. Evidence satisfactory to the planning director demonstrating that co-location is unfeasible on existing towers or support structures.
9. A signed statement that:
a. For new towers, the applicant agrees to allow for the co-location of additional WCF equipment by other wireless communication providers and/or emergency management equipment on the applicant’s structure.
b. That the applicant agrees to remove the facility within one year after the use of the site is discontinued.
10. Plans showing how connections to utilities will occur and the ownership of those utilities.
11. Documents demonstrating that any necessary easements or property rights have been obtained as well as showing how vehicle access will be provided. [Ord. 2022-01.]
Code reviser’s note: This section was added by Ord. 2022-01 as CCC 18.86.050. It has been editorially renumbered to avoid duplication of numbering.