Chapter 19.72
WIRELESS COMMUNICATION FACILITIES (WCF)
Sections:
19.72.020 Chapter application.
19.72.025 Eligible facilities requests.
19.72.040 Zoning district regulations.
19.72.050 WCF permitted use overlay.
19.72.070 Facility preference.
19.72.080 Co-location requirement.
19.72.100 Setback requirements.
19.72.170 Conditional use permit.
19.72.180 Abandonment or obsolescence.
19.72.010 Purpose.
The purpose of this chapter is:
A. To establish a process for the location of wireless communication facilities (WCF) within the city, while minimizing the aesthetic impact of the facilities and assuring their placement in locations that are compatible with surrounding land uses;
B. The provisions of this chapter shall not be interpreted to prohibit or to have the effect of prohibiting a WCF in the city. This chapter is to be applied in such a manner as to not unreasonably discriminate between providers of functionally equivalent wireless communication services. To the extent that any provision of this chapter is inconsistent or conflicts with any other city ordinance, the provisions of this chapter shall control. However, each provision of this chapter, to the extent reasonably possible, shall be construed to be consistent with other city codes and regulations;
C. To encourage the use of stealth technology so that WCFs blend into the surrounding environment, thus minimizing the visual impact to surrounding properties;
D. To encourage creative approaches in locating and constructing WCFs so that they will be compatible with surrounding land uses;
E. To encourage co-location of WCFs in order to prevent the unnecessary proliferation of WCFs within the city. (Ord. 1317 § 3, 1998).
19.72.020 Chapter application.
This chapter applies to existing and proposed WCFs, except small cell facilities which are subject to Chapter 19.74 FMC. (Ord. 2072 § 3, 2022; Ord. 1317 § 3, 1998).
19.72.025 Eligible facilities requests.
A. Definitions. The following definitions shall apply to eligible facilities requests only as described in this chapter:
1. “Base station” means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein nor any equipment associated with a tower. Base station includes, without limitation:
a. Equipment associated with wireless communications services as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
b. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems (“DAS”) and small wireless networks).
c. Any structure other than a tower that, at the time the relevant application is filed (with jurisdiction) under this section, supports or houses equipment described in subsections (A)(1)(a) and (b) of this section that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.
d. The term does not include any structure that, at the time the eligible facilities request application is filed with the city, does not support or house equipment described in subsections (A)(1)(a) and (b) of this section.
2. “Co-location” means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communication purposes.
3. “Eligible facilities request” means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:
a. Co-location of new transmission equipment;
b. Removal of transmission equipment; or
c. Replacement of transmission equipment.
4. “Eligible support structure” means any tower or base station as defined in this section; provided, that it is existing at the time the relevant application is filed with the city.
5. Existing. A constructed tower or base station is existing if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process; provided, that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.
6. “Substantial change” means a modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:
a. For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10 percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10 percent or more than 10 feet, whichever is greater;
b. For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;
c. For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10 percent larger in height or overall volume than any other ground cabinets associated with the structure;
d. It entails any excavation or deployment outside the current site; except that, for towers other than towers in the public right-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in either direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site;
e. It would defeat the concealment elements of the eligible support structure; or
f. It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified above.
7. “Tower” means any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul and the associated site.
8. “Transmission equipment” means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
B. Application. The director shall prepare and make publicly available an application form used to consider whether an application is an eligible facilities request. The application may not require the applicant to demonstrate a need or business case for the proposed modification. Prior to the issuance of an eligible facilities request permit, the applicant shall pay a permit fee in an amount as determined in the currently adopted fee schedule.
C. Review.
1. Upon receipt of an application for an eligible facilities request, the director shall review such application to determine whether the application qualifies as an eligible facilities request.
2. Within 60 days of the date on which an applicant submits an eligible facilities request application, the director shall approve the application unless it determines that the application is not covered by this chapter.
3. The 60-day review period begins to run when the application is filed and may be tolled only by mutual agreement by the director and the applicant or in cases where the director determines that the application is incomplete.
a. To toll the time frame for incompleteness, the director shall provide written notice to the applicant within 30 days of receipt of the application, clearly and specifically delineating all missing documents or information required in the application.
b. The time frame for review begins running again when the applicant makes a supplemental submission in response to the director’s notice of incompleteness.
c. Following a supplemental submission, the director will notify the applicant within 10 days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in this subsection. Second or subsequent notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.
4. If the director determines that the applicant’s request qualifies as an eligible facilities request, the director shall approve the application.
5. If the director determines that the applicant’s request does not qualify as an eligible facilities request, the director shall deny the application.
6. In the event the director fails to approve or deny a request for an eligible facilities request within the time frame for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the director in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted. (Ord. 2072 § 5 (Exh. B), 2022).
19.72.030 Exemptions.
The following are exempt from the provisions of this chapter:
A. Routine maintenance and emergency repair of a previously approved WCF;
B. Replacement of a component or support structure of a previously approved WCF. A replacement component or support structure shall be in the same location as the original component or structure. The replacement component or support structure shall be of an equal or lesser height and width as the original component or structure;
C. The co-location of a WCF;
D. Amateur and citizen band transmitter, support structure and antenna array as an accessory use to an existing residence. (Ord. 1317 § 3, 1998).
19.72.040 Zoning district regulations.
A. Single-Family Residential (SFR), Small Lot Residential (SLR), Medium Density Residential (MDR), High Density Residential (HDR) and Neighborhood Residential (NR) Districts.
1. Permitted Uses. None.
2. Conditional Uses. None.
B. Neighborhood Commercial (NC) and Community Commercial (CC) Districts.
1. Permitted Uses.
a. Attached WCF on nonresidential attachment structure.
2. Conditional Uses.
a. Monopole WCF less than or equal to 60 feet in height. WCF setback greater than or equal to 200 percent of overall height from a residential use or district and greater than or equal to 100 percent of overall height from a public right-of-way with a minor arterial designation or greater. WCF support structure setback from a right-of-way may be reduced under FMC 19.72.170.
C. Regional Commercial (RC) and Business Park (BP) District.
1. Permitted Uses.
a. Attached WCF on nonresidential attachment structure.
2. Conditional Uses.
a. Monopole WCF with a height less than or equal to 100 feet. WCF setback greater than or equal to 200 percent of overall height from a residential use or district and greater than or equal to 100 percent of overall height from an NC district, a CC district, or a BP district or a public right-of-way with a minor arterial designation or greater. WCF support structure setback from a right-of-way may be reduced under FMC 19.72.170.
b. Lattice WCF with a height less than or equal to 100 feet. WCF setback greater than or equal to 300 percent of overall height from a residential use or district and greater than or equal to 100 percent of overall height from a commercial district, business park district or a public right-of-way with a minor arterial designation or greater. WCF support structure setback from a right-of-way may be reduced under FMC 19.72.170.
D. Industrial (I) District.
1. Permitted Uses.
a. Attached WCF on nonresidential attachment structure.
b. Monopole or lattice WCF with a height less than or equal to 150 feet and located within WCF permitted use overlay (see FMC 19.72.050). WCF support structure setback equal to:
i. One hundred percent of overall WCF height from a commercial district or public right-of-way with a minor arterial designation or greater;
ii. Three hundred percent of overall WCF height from a residential use or district for a monopole WCF; or
iii. Four hundred percent of overall WCF height from a residential use or district for a lattice WCF.
2. Conditional Uses.
a. Monopole WCF with a height less than or equal to 150 feet. WCF support structure setback greater than or equal to 300 percent of overall height from a residential use or district, and greater than or equal to 150 percent of overall height from a commercial district or a public right-of-way with a minor arterial designation or greater. WCF support structure setback from a right-of-way may be reduced under FMC 19.72.170.
b. Lattice WCF with a height less than or equal to 150 feet. WCF support structure setback greater than or equal to 400 percent of overall height from a residential use or district and greater than or equal to 200 percent of overall height from a commercial district or a public right-of-way with a minor arterial designation or greater. WCF support structure setback from a right-of-way may be reduced under FMC 19.72.170.
c. Monopole or lattice WCF with a height less than or equal to 150 feet located within WCF overlay (see FMC 19.72.050) and WCF support structure setback from a right-of-way is reduced under FMC 19.72.170. (Ord. 1404 § 2(Exh. C § 15), 2000; Ord. 1317 § 3, 1998).
19.72.050 WCF permitted use overlay.
A. A proposed WCF within the area described below which meets the setback requirements of FMC 19.72.040(D)(2)(b) and all other applicable requirements of this title and chapter is classified as a permitted use. The WCF permitted use overlay is located within the areas zoned industrial (I) and bounded by:
1. 20th Street East to the north, 48th Street East to the south, Freeman Road (82nd Avenue East) to the east and 70th Avenue East to the west; and
2. Industry Drive and 20th Street East (extended to west city limit) to the north, the Puyallup River to the south and west, and Frank Albert Road to the east.
B. Nothing in this section exempts an existing or proposed WCF within this overlay from any requirement of this chapter or title. (Ord. 1317 § 3, 1998).
19.72.060 WCF application.
The director shall review a WCF proposal for conformance with the FMC and the requirements of this chapter. The director shall have the authority to approve, approve with conditions or deny a WCF request based on a review of the submitted material. In addition to the below requirements, a WCF subject to a conditional use permit shall comply with the requirements listed in FMC 19.72.170.
For attached WCFs which do not exceed the underlying zoning district’s basic height limit, a standard building permit is required. For freestanding WCFs and attached WCFs which exceed the zoning district’s basic height limit, the following additional information is required:
A. Application Form. An application form with all requested information provided and signed by the property owner and wireless communication provider.
B. Site Development Plan. A site elevation and development plan, indicating the location, type and height of the proposed structure and antenna; the location, size and nature of outdoor equipment; the site’s land use; adjacent streets; proposed means of access; setbacks from property lines; elevation drawings of all proposed structures; the location of existing structures and other significant site features; and the proposed colors and materials of the facility and fence.
C. Landscaping Plan. For a proposed freestanding WCF, a landscaping plan that complies with Chapter 19.64 FMC and the requirements of this chapter that includes the location of proposed structures, the existing trees and the type, size and location of proposed plant material used to screen the facility.
D. Legal Description. Legal description of the property and leased area, if any.
E. FAA Compliance. For a support structure that exceeds 90 feet in height, documentation that the proposed facility will comply with all FAA regulations.
F. The applicant shall provide proof of an inability to construct an exempt WCF as described in FMC 19.72.030 or an attached WCF requiring only a building permit, due to the following:
1. A lack of available co-location and appropriate attachment space in the service area; or
2. The location and configuration of existing buildings, structures and WCFs is incompatible with the applicant’s system; or
3. Refusal of existing building, structure and WCF owners to provide space at a fair rate of compensation. The applicant shall provide proof that the applicable owners were contacted about placement.
G. Certification. A certification from a licensed and qualified engineer is required. The certification shall demonstrate that the proposed facility site is necessary in order to satisfy its function in the applicant’s local grid system, the proposed facility is of the highest order of preference as described in FMC 19.72.070, and that the height requested is the minimum height necessary to meet the performance criteria of the applicant’s existing WCF network.
The certification shall demonstrate the need for locating at the proposed site which shall include:
1. The procedure involved in the site selection process, including an evaluation of at least two alternative sites; and
2. The reason for not co-locating on an existing WCF in or near Fife and the reason for not locating on an existing structure or building in or near Fife.
H. Peer Review. For a WCF which requires a conditional use permit or is a permitted use located outside of the WCF permitted use overlay, the city shall, at the applicant’s expense, hire a licensed and qualified engineer to review the applicant’s submittal for accuracy.
I. Abandonment Clause. A declaration that the applicant and property owner agree to remove the facility within 60 days after abandonment. (Ord. 1317 § 3, 1998).
19.72.070 Facility preference.
A proposed WCF shall be evaluated for approval and use in the following order of preference:
A. Stealth Support Structure and Antenna. A WCF which is completely blocked or sufficiently camouflaged from view from public rights-of-way, residential uses and districts such that a casual observer cannot identify the WCF from any of the above locations.
B. A WCF which extends not more than 15 feet above adjacent existing vegetation or structures, only when subsection A of this section cannot be reasonably accomplished.
C. A WCF which extends more than 15 feet above adjacent existing vegetation or structures, only when subsections A or B of this section cannot be reasonably accomplished.
The burden of proof shall be on the applicant to show a facility of a higher order of preference cannot reasonably be accomplished. (Ord. 1317 § 3, 1998).
19.72.080 Co-location requirement.
As a condition of approval of any new freestanding WCF above 75 feet, the applicant shall comply with the following requirements:
A. The applicant shall submit a statement that the tower will accommodate co-location of additional antenna arrays for future users and that the applicant and landowner agree that they will diligently negotiate in good faith to facilitate co-location of additional communication facilities by other providers on the applicant’s structure.
B. The applicant shall agree to sign and record with the Pierce County auditor’s office a legally binding agreement limiting any co-location costs assessed to other carriers to a pro rata share of the ground lease, site acquisition cost, design, capital costs for construction of the support structure including associated permit costs, reasonable maintenance and repair and replacement costs.
C. The applicant shall size, design and construct the support structure and related equipment to accommodate future co-location, and shall ensure availability of adequate space to accommodate associated equipment shelters/cabinets.
D. This co-location requirement shall not be grounds for a variance request in any zone. (Ord. 1317 § 3, 1998).
19.72.090 Height measurement.
For freestanding structures, height shall be measured from the average grade adjacent to the structure to highest point of the support structure or any attachment thereto (antenna array (not including GPS antenna)). Average grade shall exclude fill and/or grading for the structure itself. (Ord. 1317 § 3, 1998).
19.72.100 Setback requirements.
The zoning district setback requirements are applicable to all WCF support structures and associated equipment. Furthermore, a height percentage setback is required from a public right-of-way with a minor arterial designation or greater, a residential zoning district or an existing residential use. The height percentage setback is required for a support structure regardless of whether or not the property upon which the WCF is located is contiguous with one of the above classifications. The height percentage setback is based on the overall WCF height (support structure + antenna array (not including GPS antenna)). (Ord. 1317 § 3, 1998).
19.72.110 Landscaping.
A nonresidential freestanding WCF shall be landscaped with a complete visual screen of evergreen trees. The required landscaping shall be located outside of any protective fencing and shall encompass any related equipment. The evergreen trees shall be a minimum 10 feet tall at time of planting and shall consist of a two staggered rows of trees on not more than 15-foot centers. (Ord. 1317 § 3, 1998).
19.72.120 Parking.
No parking stalls shall be required for a fully automated WCF. Otherwise, parking shall be in accordance with Chapter 19.56 FMC. (Ord. 1317 § 3, 1998).
19.72.130 Signage.
Signage shall comply with FMC Title 16, Sign Code. Necessary directional signs are the only permitted signs at a WCF site. (Ord. 2004 § 1 (Exh. A), 2019; Ord. 1317 § 3, 1998).
19.72.140 Lighting.
Support structures shall not be illuminated unless required by FAA regulations. The support facilities and equipment may be illuminated so long as the light pattern remains within the site boundaries and the light is shielded from view from adjacent public rights-of-way, residential uses and residential zoning districts. (Ord. 1317 § 3, 1998).
19.72.150 Noise.
A WCF shall comply with the noise requirements identified in Chapter 9.56 FMC. The use of generators shall not be allowed within 300 feet of a residential zoning district. (Ord. 1317 § 3, 1998).
19.72.160 Visual impacts.
A WCF shall be located and installed in such a manner so as to minimize the visual impact on the skyline and surrounding area. Site location and development shall preserve the existing character of the surrounding buildings, land use and the zoning district to the greatest extent possible, while maintaining the function of the communication equipment. To the greatest extent practicable, the application shall demonstrate that the following items have been incorporated in the proposal:
A. On-site vegetation is preserved and disturbance of the existing topography is minimized;
B. The WCF is located close to structures or vegetation of a similar height;
C. The WCF is sited in a location which has the least impact on residential uses and districts and public rights-of-way;
D. The WCF is incorporated as a building element or architectural feature as part of an existing building;
E. WCF equipment facilities are located within a building or placed underground; and
F. A WCF is a neutral color such as white, gray, blue, black or green or similar to adjacent building color. (Ord. 1317 § 3, 1998).
19.72.170 Conditional use permit.
A. Review Process. A request for a WCF conditional use permit shall be subject to the conditional use permit requirements identified in Chapter 19.88 FMC and other applicable sections of the FMC. The notification requirement in FMC Title 14 shall be extended to all properties within 500 feet of the base of the support structure. An applicant for a conditional use permit is also required to comply with the application review process identified in this chapter. The responsibilities granted to the director for this review process is hereby granted to the hearing examiner for conditional use permit requests.
Prior to the granting of a conditional use permit, the applicant shall demonstrate to the hearing examiner that there is no other feasible location on the site, or in another zoning classification, such that a conditional use permit is not required.
B. Additional Application Material. In addition to the material required in FMC 19.72.060 and Chapter 19.88 FMC, the applicant shall submit the following:
1. Photosimulations of the proposed facility from four right-of-way locations within 100 feet of the site. The locations shall be at least 300 feet apart and be approved by the director.
2. Photosimulations of the proposed facility from four residential zoning district locations within 100 feet of the site. The locations shall be at least 300 feet apart and be approved by the director.
3. Photosimulations of the proposed facility from existing residential structures within 300 feet of the facility site.
C. Right-of-Way Setback Reduction. The hearing examiner may reduce the support structure setback to 40 percent of overall height, but not less than 30 feet from a public right-of-way with a minor arterial classification or greater, if the hearing examiner makes a written finding that the reduced setback location will result in an overall lesser visual impact for the surrounding vicinity. The visual impacts shall be considered, in order of importance, from: (1) residential uses in residential districts; (2) other uses in residential districts; (3) residential uses in commercial districts; and (4) commercial districts. (Ord. 1593-06 §§ 69, 70, 2006; Ord. 1317 § 3, 1998).
19.72.180 Abandonment or obsolescence.
Not less than 30 days prior to the date that a WCF operator plans to abandon or discontinue operation of a facility, the 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 licensed carrier fails to give notice, the facility shall be considered abandoned upon the city’s discovery of discontinuance of operation. Upon such abandonment, the provider shall have 60 days or additional period of time determined in the reasonable discretion of the director within which to:
A. Reactivate the use of the facility or transfer the facility to another provider who makes actual use of the facility.
B. In the event that abandonment as defined in this chapter occurs due to relocation of an antenna at a lower point on the support structure, reduction in the effective radiated power of the antenna or reduction in the number of transmissions from the antennas, the operator of the support structure shall have six months from the date of effective abandonment to co-locate another service on the support structure. If another service provider is not added to the support structure, then the operator shall promptly dismantle and remove that portion of the support structure which exceeds the minimum height required to function satisfactorily. Notwithstanding the foregoing, changes which are made to WCFs which do not diminish their essential role in providing a total system shall not constitute abandonment. However, in the event that there is a physical reduction in height of substantially all of the operators’ support structures in the city or surrounding area, then all of the support structures within the city shall similarly be reduced in height.
C. Dismantle and remove facility. If the support structure, antenna array, foundation and facility are not removed within the 60-day time period or additional period of time allowed by the city, then city may remove such support structure, antenna, foundation and related facility at the operator’s expense. If there are two or more operators co-locating on a facility, except as provided for in subsection B of this section, this provision shall not become effective until all operators cease using the facility.
D. At the earlier of 60 days from the date of abandonment without reactivating, or upon completion of dismantling and removal, city approval for the facility shall automatically expire. (Ord. 1317 § 3, 1998).