Chapter 17.100
WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS
Sections:
17.100.040 General requirements.
17.100.060 Administratively approved uses.
17.100.070 Conditional use permits.
17.100.080 Buildings or other equipment storage.
17.100.090 Removal of abandoned antennas and towers.
17.100.100 Nonconforming uses.
17.100.010 Purpose – Goals.
A. The purpose of this chapter is to establish general guidelines for the siting of wireless communications towers and antennas.
B. The goals of this chapter are to:
1. Protect residential areas and land uses from potential adverse impacts of towers and antennas;
2. Encourage the location of towers in nonresidential areas;
3. Minimize the total number of towers throughout the community;
4. Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;
5. Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
6. Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;
7. Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;
8. Consider the public health and safety of communication towers;
9. Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures;
10. Enhance and provide emergency respondent capabilities;
11. Assure that the city’s current and ongoing costs of granting and regulating private access to and use of the public right-of-way are fully paid by the persons seeking such access and causing such costs;
12. Secure fair and reasonable compensation to the city and the residents of the city, in a nondiscriminatory manner, for permitting private use of the public rights-of-way and/or public property;
13. Assure that all telecommunications carriers providing facilities or services within the city and urban growth area comply with the ordinances, rules and regulations of the city;
14. Enable the city to discharge its public trust consistent with rapidly evolving federal and state regulatory policies, industry competition and technological development; and
15. Encourage the provisions of advanced and competitive telecommunications services on the widest possible basis to the businesses, institutions and residents of the city.
In furtherance of these goals, the city of Mount Vernon shall give due consideration to the Mount Vernon comprehensive plan, development regulations, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas. (Ord. 2908 § 1, 1998).
17.100.020 Definitions.
As used in this chapter, the following terms shall have the meanings set forth below:
A. “Alternative tower structure” means manmade trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers which blend into surrounding environments.
B. “Antenna” means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
C. “Antenna height” means the vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure even if said highest point is an antenna. Measurement of tower height shall include antenna, base pad, and other appurtenances and shall be measured from the finished grade of the parcel. 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.
D. “Antenna support structure” means any pole, telescoping mast, tower, tripod, or other structure which supports a device used in the transmitting or receiving of radio frequency signals.
E. “Applicant” means any provider or any person, partnership, or company who files an application for any permit necessary to install, maintain, or remove a personal wireless service facility within the city.
F. “Backhaul network” means the lines that connect a provider’s towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
G. “Camouflaged” means a personal wireless service that is disguised, hidden, or integrated with an existing structure that is not a monopole or tower, or a personal wireless service facility that is placed within an existing or proposed structure, or a new structure, tower, or mount within trees so as to be significantly screened from view.
H. “Cell site” or “site” means a tract or parcel of land that contains personal wireless service facilities including any antenna, support structure, accessory building, and parking, and may include other uses associated with an ancillary to personal wireless services.
I. “Co-location” means the use of a personal wireless service facility or cell site by more than one personal wireless service provider.
J. “Design” means the appearance of personal wireless service facilities, including such features as their materials, color, and shape.
K. “Equipment enclosure” means a structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communication signals. Associated equipment may include air conditioning, backup power supplies and emergency generators.
L. “Existing utility pole” means any light pole, telephone pole or other structure designed primarily for the transmission of electricity.
M. “FAA” means the Federal Aviation Administration.
N. “FCC” means the Federal Communications Commission.
O. “Height” means, when referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
P. “Mount” means the structure or surface upon which personal wireless service facilities are mounted. There are three types of mounts:
1. Building Mounted. A personal wireless service facility mount fixed to the roof or side of a building.
2. Ground Mounted. A personal wireless service facility mount fixed to the ground, such as a tower.
3. Structure Mounted. A personal wireless service facility fixed to a structure other than a building, such as light standards, utility poles, water towers and bridges.
Q. “Microcell” means any wireless installation characterized by camouflaged antennas and small equipment cabinets. Microcells are typically integrated into existing utility poles.
R. “Pre-existing towers and pre-existing antennas” means any tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date of the ordinance codified in this chapter, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
S. “Personal wireless service,” “personal wireless service facilities,” and “facilities” used in this title shall be defined in the same manner as in Title 47, United States Code, Section 332(c)(7)(C), as they may be amended now or in the future, and includes facilities for the transmission and reception of radio or microwave signals used for communication, cellular phone, personal communications, services, enhanced specialized mobile radio, and any other wireless services licensed by the FCC and unlicensed wireless service facilities.
T. “Screening” means a personal wireless telecommunication facility such as a tower or mount placed amongst and adjacent to (within 20 feet) three or more trees at least 75 percent of the height of the facility.
U. “Secondary use” means a use subordinate to the principal use of the property, such as commercial, residential, utilities, etc.
V. “Security barrier” means a wall, fence, or berm that has the purpose of sealing a personal wireless service facility from unauthorized entry or trespass.
W. “Tower” means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto. (Ord. 2908 § 2, 1998).
17.100.030 Applicability.
A. New Towers and Antennas. All new towers or antennas in Mount Vernon shall be subject to these regulations, except as provided in subsections B through G of this section.
B. Amateur Radio Station Operators/Receive Only Antennas. This chapter shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas.
C. Pre-existing Towers or Antennas. Pre-existing towers and pre-existing antennas shall not be required to meet the requirements of this chapter, other than the requirements of MVMC 17.100.040(F) and (G).
D. AM Array. For purposes of implementing this chapter, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.
E. Public Safety Agencies. Towers and antennas put for public safety agencies, including law enforcement, fire and ambulance services, which are not part of the city of Mount Vernon and private entities with a public safety agreement with the city of Mount Vernon, shall not be required to meet the requirements of this chapter.
F. Satellite dish antennas less than two meters in diameter, including direct home satellite services, when used as a secondary use of the property shall not be required to meet the requirements of this chapter.
G. Routine maintenance or repair of a personal wireless service facility and related equipment (excluding structural work or changes in height or dimensions of antennas, towers, or buildings); provided, that compliance with the standards of this chapter are maintained. (Ord. 2908 § 3, 1998).
17.100.040 General requirements.
A. Design Criteria.
1. Co-Location. New facilities shall be designed to accommodate co-location, unless the applicant demonstrates why such design is not feasible for economic, technical, or physical reasons.
2. Compatible Design. Facilities shall be architecturally compatible with the surrounding buildings and land uses in the zoning district and screened or otherwise integrated through location and design to blend in with the existing character of the site. If the city adopts design review standards after the adoption of the ordinance codified in this chapter, those conditions will be included through an amendment process.
3. View Corridors. Due consideration shall be given so that placement of towers, antenna, and personal wireless service facilities do not obstruct or significantly diminish views of the valley, Cultus Mountain, Mount Baker, the foothills or other view corridors in the area.
4. Color. Towers shall have a color generally matching the surrounding or background that minimizes their visibility, unless a different color is required by the FCC or FAA. A sample of suitable colors shall be available at the development services department.
5. Lights, Signals and Signs. No signals, lights or signs shall be permitted on towers unless required by the FCC or the FAA or other applicable authority. Should lighting be required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. In cases where there are residents located within a distance which is 300 percent of the height of the tower, then dual mode lighting shall be requested from the FAA.
6. Camouflaged. Site planning should be used to reduce the visual impact of a personal wireless service.
a. Ground level buildings shall be screened from view by landscaping plantings, fencing or other appropriate means, as specified herein or in other city ordinances.
b. Landscaping shall be required to screen personal wireless service facilities, as much as possible, to soften the appearance of the cell site. The city may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping. If the antenna is mounted flush on an existing building, and other equipment is housed inside an existing structure, landscaping shall not be required.
c. In instances where equipment buildings are located in residential zones, equipment buildings shall be designed so as to conform in appearance with nearby residential structures.
d. Equipment buildings mounted on a roof shall have a finish similar to the exterior building walls. Equipment for roof mounted antenna may also be located within the building on which the antenna is mounted.
B. Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
C. Lot Size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
D. Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the development services director an inventory of its existing towers, antennas, or sites approved for towers or antennas that are either within Mount Vernon or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The development services director may share such information with other applicants applying for administrative approvals or conditional use permits under this chapter or other organizations seeking to locate antennas within Mount Vernon; provided, however that the development services director is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
E. Aesthetics. Towers and antennas shall meet the following requirements:
1. Towers shall maintain a painted neutral color finish so as to reduce visual obtrusiveness, subject to any applicable standards of the FAA.
2. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.
3. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
4. Due consideration shall be given so that placement of personal wireless service facilities do not obstruct or significantly diminish the visual impact of the view of the Skagit River, county foothills, mountains, and open space areas as viewed from major transportation corridors or public open space.
F. State or Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner’s expense.
G. Building Codes – Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association (“EIA”), as amended from time to time. If, upon inspection, the city of Mount Vernon concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner’s expense.
H. Structural Design. Towers shall be constructed to EIA standards, which may be amended from time to time, and all applicable construction/building codes. Further, any improvements or additions to existing towers shall require submission of site plans stamped by a professional engineer which demonstrate compliance with the EIA standards and all other good industry practices. Said plans shall be submitted and reviewed at the time building permits are requested.
I. Noise. Noise from air conditioners or other equipment associated with personal wireless service facilities and appurtenant structures shall not exceed 45 dBA (Chapter 173-60 WAC, Maximum Environmental Noise Levels) at the adjacent residential property line; except for emergency situations requiring the use of a backup generator where the noise standards may be exceeded on a temporary basis.
J. Inspection Requirement. Each year after a personal wireless service facility becomes operational, the facility operator shall have a qualified professional conduct a safety inspection and, within 60 days of the inspection, file a report with the city.
K. Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in Mount Vernon irrespective of municipal and county jurisdictional boundaries.
L. Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities.
M. Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in Mount Vernon have been obtained and shall file a copy of all required franchises with the development services director.
N. Public Notice. For purposes of this chapter, any conditional use request, variance request, or appeal of an administratively approved use or conditional use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in MVMC 17.100.070(B)(5)(b), Table 2, in addition to any notice otherwise required by this title.
O. Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of MVMC 17.100.080.
P. Multiple Antenna/Tower Plan. Mount Vernon encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
Q. Third Party Review. Personal wireless service providers use various methodologies and analyses, including geographically based computer software, to determine the specific technical parameters of their services and low power mobile radio service facilities, such as expected coverage area, antenna configuration, topographic constraints that affect signal paths, etc. In certain instances, a third party expert may need to review the technical data submitted by a provider. The city may require a technical review as part of the permitting process. The cost of the technical review shall be borne by the provider. The selection of the third party expert may be by mutual agreement between the provider and the city, or, at the discretion of the city, with the provision for the provider and interested parties to comment on the proposed expert and review its qualifications. The expert review is intended to address interference and public safety issues and be a site-specific review of technical aspects of the facilities or a review of the provider’s methodology and equipment used and not a subjective review of the site selection by a provider. Such a review should address the accuracy and completeness of the technical data, possible interference problems, whether the analysis techniques and methodologies are legitimate, the validity of the applicant’s conclusions and any specific technical issues outlined by the city council, development services department, city staff or other interested parties. Based on the results of the expert review, the city may require changes to the provider’s application. The expert review shall address the following:
1. The accuracy and completeness of submissions;
2. The applicability of analysis techniques and methodologies;
3. The validity of conclusions reached; and
4. Any specific technical issues designated by the city.
R. Registration Required. All telecommunications carriers having telecommunications facilities within the corporate limits of the city, or all telecommunications carriers or providers that offer or provide telecommunications services originating, terminating, or existing within the city, shall register with the city hereunder on forms provided by the city which shall include the following:
1. The identity and legal status of the registrant, including any affiliates;
2. The name, address and telephone number of the officer, agent or employee responsible for the accuracy of the registration statement;
3. A description of registrant’s existing or proposed telecommunications facilities within the city;
4. A description of the telecommunications service that the registrant intends to offer or provide, or is currently offering or providing, to persons, firms, businesses or institutions within the city;
5. Information sufficient for the city to determine whether the registrant is subject to franchising under this chapter;
6. Information sufficient for the city to determine whether the transmission, origination or receipt of the telecommunications services provided or to be provided by the applicant constitutes an occupation or privilege subject to any municipal telecommunications tax, utility tax or other occupation tax imposed by the city;
7. Copies of the applicant’s registration filed with the WUTC pursuant to Chapter 480-121 WAC, and any tariff or price list or other authorization or related filings as any be required by the WUTC to provide telecommunications services. Alternatively, the applicant shall submit a statement detailing the reasons that registration and related filings with the WUTC are not required;
8. Information sufficient for the city to determine that the applicant has applied for and received any construction permit, operating license or other approval required by the Federal Communications Commission to provide telecommunications services or facilities within the city;
9. Such other information as the city may require;
10. Purpose of Registration. The purpose of registration is to:
a. Provide the city with accurate and current information concerning the telecommunication carriers and providers who offer or provide telecommunications services within the city, or that own or operate telecommunications facilities within the city;
b. Assist the city in enforcement of the chapter;
c. Assist the city in collection and enforcement of any municipal taxes, franchise fees, license fees or charges that may be due the city;
d. Assist the city in monitoring compliance with local, state and federal laws;
11. Exceptions to Registration. A company or person which provides telecommunications services solely to itself, its affiliates or members between points in the same building, or between closely located buildings under common ownership or control; provided, that such company or person does not use or occupy rights-of-way, is excepted from registration under this chapter. (Ord. 3092 § 1, 2002; Ord. 2908 § 4, 1998).
17.100.050 Permitted uses.
A. General. The uses listed in this section are deemed to be permitted uses and shall not require administrative approval or a conditional use permit.
B. Permitted Uses. The following uses are specifically permitted:
1. The co-location, maintenance and enhancement of facilities currently located in the city of Mount Vernon after review for safety and compatibility is approved. (Ord. 2908 § 5, 1998).
17.100.060 Administratively approved uses.
A. General. The following provisions shall govern the issuance of administrative approvals for towers and antennas:
1. The community and economic development director may administratively approve the uses listed in this section.
2. Each applicant for administrative approval shall apply to the community and economic development director providing the information set forth in MVMC 17.100.070(B)(1) and (B)(3) and a nonrefundable fee as established by resolution of the Mount Vernon city council to reimburse the city of Mount Vernon for the costs of reviewing the application.
3. The community and economic development director shall review the application for administrative approval and determine if the proposed use complies with MVMC 17.100.040 and 17.100.070(B)(4) and (B)(5).
4. The community and economic development director shall respond to each such application within 60 days after receiving it by either approving or denying the application. If the community and economic development director fails to respond to the applicant within said 60 days, then the application shall be deemed to be approved.
5. In connection with any such administrative approval, the community and economic development director may, in order to encourage shared use, administratively waive any zoning district setback requirements in MVMC 17.100.070(B)(4) or separation distances between towers in MVMC 17.100.070(B)(5) by up to 50 percent.
6. In connection with any such administrative approval, the community and economic development director may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.
7. If an administrative approval is denied, the applicant shall file an application for a conditional use permit pursuant to MVMC 17.100.070 prior to filing any appeal that may be available under this title.
B. List of Administratively Approved Uses. The following uses may be approved by the community and economic development director after conducting an administrative review:
1. Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in any industrial, manufacturing, general commercial, H-D, or “P” public zoning district, except when development borders within 200 feet of property designated for residential use.
2. Locating antennas on existing structures or towers consistent with the terms of subsections (B)(2)(a) and (b) of this section.
a. Antennas on Existing Structures. Any antenna which is not attached to a tower may be approved by the community and economic development director as an accessory use to any commercial, industrial, professional, institutional, or multifamily structure of eight or more dwelling units, provided:
i. The antenna does not extend more than 30 feet above the highest point of the structure;
ii. The antenna complies with all applicable FCC and FAA regulations; and
iii. The antenna complies with all applicable building codes.
b. Antennas on Existing Towers. An antenna which is attached to an existing tower may be approved by the community and economic development director and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, co-location of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such co-location is accomplished in a manner consistent with the following:
i. A tower which is modified or reconstructed to accommodate the co-location of an additional antenna shall be of the same tower type as the existing tower, unless the community and economic development director allows reconstruction as a monopole.
ii. Height.
(A) An existing tower may be modified or rebuilt to a taller height, not to exceed 30 feet over the tower’s existing height, to accommodate the co-location of an additional antenna.
(B) The height change referred to in subsection (B)(2)(b)(ii)(A) of this section may only occur one time per communication tower.
(C) The additional height referred to in subsection (B)(2)(b)(ii)(A) of this section shall not require an additional distance separation as set forth in MVMC 17.100.070. The tower’s premodification height shall be used to calculate such distance separations.
iii. On-Site Location.
(A) A tower which is being rebuilt to accommodate the co-location of an additional antenna may be moved on-site within 50 feet of its existing location.
(B) After the tower is rebuilt to accommodate co-location, only one tower may remain on the site.
(C) A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to MVMC 17.100.070(B)(5). The relocation of a tower hereunder shall in no way be deemed to cause a violation of MVMC 17.100.070(B)(5).
(D) The on-site relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in MVMC 17.100.070(B)(5) shall only be permitted when approved by the community and economic development director.
3. New Towers in Nonresidential Zoning Districts. Locating any new tower in a nonresidential zoning district other than industrial or heavy commercial must:
a. Provide to the city a report from a licensed professional engineer that certifies that the tower can structurally accommodate the number of shared users proposed by the applicant;
b. Undergo review by the community and economic development director that concludes the tower is in conformity with the goals set forth in MVMC 17.100.010;
c. Demonstrate that the requirements of MVMC 17.100.040 have been met;
d. Provide a plot plan that shows the tower meets the setback requirements in MVMC 17.100.070(B)(4);
e. Show that the facility meets the separation distances in MVMC 17.100.070(B)(5);
f. Show that the tower meets the following height and usage criteria:
i. For a single user, up to 90 feet in height;
ii. For two users, up to 120 feet in height; and
iii. For three or more users, up to 150 feet in height.
4. Locating any alternative tower structure in a zoning district other than industrial or heavy commercial that in the judgment of the community and economic development director is in conformity with the goals set forth in MVMC 17.100.010.
5. Installing a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.
6. Locating microcells on existing utility poles consistent with the terms of subsection (B)(6)(a) of this section.
a. Height.
i. An existing utility pole may be modified, rebuilt or replaced to a taller height, not to exceed 30 feet over the pole’s existing height, to accommodate the location of the microcell antenna.
ii. Notwithstanding any other provision of this chapter, microcells attached to existing utility poles shall be exempt from any setback requirements. (Ord. 3429 § 165, 2008).
17.100.070 Conditional use permits.
A. General. The following provisions shall govern the issuance of conditional use permits for towers or antennas by the hearing examiner:
1. If the tower or antenna is not a permitted use under MVMC 17.100.050 or permitted to be approved administratively pursuant to MVMC 17.100.060, then a conditional use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.
2. Applications for conditional use permits under this section shall be subject to the procedures and requirements of Chapter 17.108 MVMC, except as modified in this section.
3. In granting a conditional use permit, the hearing examiner may impose conditions to the extent the hearing examiner concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
4. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.
5. An applicant for a conditional use permit shall submit the information described in this section and a nonrefundable fee as established by resolution of the Mount Vernon city council to reimburse the city for the costs of reviewing the application.
B. Towers.
1. Information Required. In addition to any information required for applications for conditional use permits pursuant to Chapter 17.108 MVMC, applicants for a conditional use permit for a tower shall submit the following information:
a. A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), master plan classification of the site and all properties within the applicable separation distances set forth in MVMC 17.100.070(B)(5), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the development services director to be necessary to assess compliance with this chapter.
b. Legal description of the parent tract and leased parcel (if applicable).
c. The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.
d. The separation distance from other towers described in the inventory of existing sites submitted pursuant to MVMC 17.100.070(B)(4) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
e. A landscape plan showing specific landscape materials.
f. Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.
g. A description of compliance with MVMC 17.100.040(A), (C), (D), (E), (F), (G), (H), (J), (K), (M), (N), (O) and (R) and 17.100.070 (B)(4) and (B)(5), and all applicable federal, state or local laws.
h. A notarized statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users.
i. Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.
j. A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
k. A description of the feasible location(s) of future towers or antennas within Mount Vernon based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
2. Factors Considered in Granting Conditional Use Permits for Towers. In addition to any standards for consideration of conditional use permit applications pursuant to Chapter 17.108 MVMC, the hearing examiner shall consider the following factors in determining whether to issue a conditional use permit, although the hearing examiner may waive or reduce the burden on the applicant of one or more of these criteria if the hearing examiner concludes that the goals of this chapter are better served thereby:
a. Height of the proposed tower;
b. Proximity of the tower to residential structures and residential district boundaries;
c. Nature of uses on adjacent and nearby properties;
d. Surrounding topography;
e. Surrounding tree coverage and foliage;
f. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
g. Proposed ingress and egress; and
h. Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in MVMC 17.100.070(B)(3).
3. Availability of Suitable Existing Towers, Other Structures, or Alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the development services director that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant’s proposed antenna. An applicant shall submit information requested by the development services director related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant’s proposed antenna may consist of any of the following:
a. No existing towers or structures are located within the geographic area which meet applicant’s engineering requirements.
b. Existing towers or structures are not of sufficient height to meet applicant’s engineering requirements.
c. Existing towers or structures do not have sufficient structural strength to support applicant’s proposed antenna and related equipment.
d. The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant’s proposed antenna.
e. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
f. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
g. The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/ receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
4. Setbacks. The following setback requirements shall apply to all towers for which a conditional use permit is required; provided, however, that the development services director may reduce the standard setback requirements if the goals of this chapter would be better served thereby:
a. Towers must be set back a distance equal to at least 75 percent of the height of the tower from any adjoining lot line.
b. Guys and accessory buildings must satisfy the minimum zoning district setback requirements.
5. Separation. The following separation requirements shall apply to all towers and antennas for which a conditional use permit is required; provided, however, that the development services director may reduce the standard separation requirements if the goals of this chapter would be better served thereby.
a. Separation from Off-Site Uses/Designated Areas.
i. Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.
ii. Separation requirements for towers shall comply with the minimum standards established in Table 1.
Table 1
|
Off-Site Use/Designated Area |
Separation Distance |
|---|---|
|
Single-family or duplex |
200 feet or 300% height of tower, whichever is greater |
|
Vacant single-family or duplex residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired |
200 feet or 300% height of tower2, whichever is greater |
|
Vacant unplatted residentially zoned lands3 |
100 feet or 100% height of tower, whichever is greater |
|
Existing multifamily residential units greater than duplex units |
100 feet or 100% height of tower, whichever is greater |
|
Nonresidentially zoned lands or nonresidential uses |
None; only setbacks apply |
1Includes modular homes and mobile homes used for living purposes.
2Separation measured from base of tower to closest building setback line.
3Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multifamily residentially zoned land greater than duplex.
b. Separation Distances Between Towers. Separation distances between towers shall be applicable for and measured between the proposed tower and pre-existing towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2.
Table 2
Existing Towers – Types
|
(distances measured in linear feet) |
Lattice |
Guyed |
Monopole 75 ft. in height or greater |
Monopole less than 75 ft. in height |
|---|---|---|---|---|
|
Lattice |
5,000 |
5,000 |
1,500 |
750 |
|
Guyed |
5,000 |
5,000 |
1,500 |
750 |
|
Monopole 75 ft. in height or greater |
1,500 |
1,500 |
1,500 |
750 |
|
Monopole less than 75 ft. in height |
750 |
750 |
750 |
750 |
6. Security Fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anticlimbing device; provided, however, that the development services director may waive such requirement, as it deems appropriate.
7. Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required; provided, however, that the hearing examiner may waive such requirements if the goals of this chapter would be better served thereby. Landscaping, as described herein, shall be required to screen the personal wireless service facilities. The city may permit any combination of existing vegetation, berming, topography, walls, decorative fences or other features instead of landscaping if they achieve the same degree of screening as the required landscaping.
8. Screening. The visual impacts of a personal wireless service facility shall be mitigated through landscaping or other screening.
a. Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.
b. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.
c. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer. (Ord. 3092 § 1, 2002; Ord. 2908 § 7, 1998).
17.100.080 Buildings or other equipment storage.
A. Antennas Mounted on Structures or Rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:
1. The cabinet or structure shall not contain more than 36 square feet of gross floor area or be more than four feet in height.
2. If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not be more than five percent of the roof area.
3. Equipment storage buildings or cabinets shall comply with all applicable building codes.
B. Antennas Mounted on Utility Poles or Light Poles and the Associated Equipment. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:
1. In residential districts, the equipment cabinet or structure may be located:
a. In a front or side yard provided the cabinet or structure is no greater than four feet in height or 36 square feet of gross floor area and the cabinet/structure is located a minimum of 10 feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least 42 to 48 inches and a planted height of at least 36 inches.
b. In a rear yard, provided the cabinet or structure is no greater than four feet in height or 36 square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.
2. In commercial or industrial districts the equipment cabinet or structure shall be no greater than eight feet in height or 144 square feet in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence eight feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.
C. Antennas Located on Towers. The related unmanned equipment structure shall not contain more than 36 square feet of gross floor area or be more than six feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.
D. Modification of Building Size Requirements. The requirements of subsections A through C of this section may be modified by the development services director in the case of administratively approved uses or by the hearing examiner in the case of uses permitted by conditional use to encourage co-location. (Ord. 3092 § 1, 2002; Ord. 2908 § 8, 1998).
17.100.090 Removal of abandoned antennas and towers.
Any antenna, equipment or tower that is not operated for a continuous period of six months shall be considered abandoned, and the owner of such antenna, equipment or tower shall remove the same within 90 days of receipt of notice from the city of Mount Vernon notifying the owner of such abandonment. Failure to remove an abandoned antenna, equipment or tower within said 90 days shall be grounds to remove the tower or antenna at the owner’s expense. If there are two or more users of a single tower, then this provision shall not become effective in regards to removal of the tower until all users cease using the tower. Owners of all abandoned equipment should proceed with removal as soon as possible. (Ord. 2908 § 9, 1998).
17.100.100 Nonconforming uses.
A. No Expansion of Nonconforming Use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.
B. Pre-existing Towers. Pre-existing towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such pre-existing towers. New construction other than routine maintenance on a pre-existing tower shall comply with the requirements of this chapter.
C. Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Notwithstanding MVMC 17.100.090, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a conditional use permit and without having to meet the separation requirements specified in MVMC 17.100.070(B)(4) and (B)(5). The type, height, and location of the tower on-site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in MVMC 17.100.090. (Ord. 2908 § 10, 1998).