Chapter 11.20
WIRELESS COMMUNICATION FACILITIES
Sections:
11.20.030 Permit applications and submittal requirements.
11.20.040 Processing procedures – Issuing authority and appeals.
11.20.070 Development standards for accessory wireless communication antennas.
11.20.080 Development standards for attached wireless communication facilities.
11.20.090 Development standards for wireless communication towers.
11.20.095 Provisions for WCFs in the rights-of-way.
11.20.140 Conditional use permit exemptions.
11.20.160 Colocation considerations.
11.20.170 Administrative deviations – Variances from standards.
11.20.010 Title – Purpose.
A. Title. This chapter shall be entitled “Wireless Communication Facilities.”
B. Purpose. The purpose of this chapter is to establish appropriate locations, site development standards, and permit requirements for wireless communication facilities (WCFs) and services within the city, in a manner that facilitates location of various types of WCFs in permitted locations so they are consistent with the residential character of the city. The requirements of this chapter integrate land use requirements of TMC Title 18 with permit process requirements of TMC Title 14 to:
1. Ensure compatibility of proposed facilities with surrounding areas by establishing standards for location, height, structural integrity, design review, landscaping, and visual screening;
2. Sustain the peaceful character of the city by establishing standards to reduce the potential of WCFs to produce disruptive noise, vibrations, or illumination; and to assist in identification of potential sources of interference with existing telephone, radio, television, or electronic computing systems currently in use in the area;
3. Encourage the location of wireless communication towers in nonresidential areas to minimize the total number of wireless communication towers needed in residential areas;
4. Strongly encourage the colocation of WCFs where feasible on new and existing sites;
5. Effectively manage WCFs in the right-of-way; and
6. Provide incentives and other inducements to utilize colocation and camouflage design techniques for WCFs, thereby lessening adverse visual impacts of these facilities on residential areas and natural surroundings.
This chapter is intended to provide for the managed development, installation, maintenance, and removal of WCFs to accommodate the communications needs of residents, businesses, and visitors in order to accommodate the need for connection of such services to WCFs in adjacent and surrounding communities, while protecting the public health, safety, and general welfare of the community, and minimizing the visibility of WCFs, consistent with applicable law.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O97-018, Added, 06/17/1997)
11.20.020 Definitions.
The terms utilized in this chapter are defined in TMC 11.02.020.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O97-018, Added, 06/17/1997)
11.20.030 Permit applications and submittal requirements.
A. Permit Required. The director shall prepare, periodically revise, and make publicly available a WCF permit application form. A WCF permit must be obtained prior to construction, installation, and/or placement within the city of any:
1. “Wireless communication facility” (WCF), as defined by TMC 11.02.020; and
2. “Accessory wireless communication antennas” uses that exceed height, size, or use limits described in TMC 11.20.070(B).
B. WCF Permit Application Exemption for Certain Accessory Wireless Communication Antennas. The following are exempt from a WCF permit but are subject to other permit requirements of the TMC, as applicable, such as building permits or rights-of-way permits:
1. “Accessory wireless communication antennas” uses, which do not exceed height, size, or use limits described in TMC 11.20.070(B), are exempt from WCF permit requirements.
2. Temporary WCFs necessary for emergency communications during a declared emergency by a public entity.
3. Temporary WCFs installed for providing coverage of a special event, but subject to prior written approval of the city. For purposes of this exemption, the facility is deemed to be temporary if it is in place for up to one week prior to and after the event.
4. Temporary WCFs installed for not more than one hundred eighty days, subject to extensions in the city’s sole discretion, during repair, replacement, or relocation of an existing WCF or construction of a new WCF.
C. Permit for Eligible Facilities Requests.
1. Application. The director shall prepare, periodically revise, and make publicly available an application form, which shall be limited to the information necessary for the city to consider whether an application is an eligible facilities request. Such information may include, without limitation, whether the project:
a. Would result in a substantial change;
b. Violates any generally applicable laws, regulations, or other rules codifying objective standards reasonably related to public health and safety.
The application for an eligible facilities request may not require the applicant to demonstrate a need or business case for the proposed modification or colocation.
D. Submittal Requirements. In addition to permit submittal fees and any other information required to be included in the permit application under subsections A and C of this section, the following information shall be required as part of every permit:
1. A completed WCF permit application form.
2. A statement made under penalty of perjury by the applicant or the owner that the applicant is representing that all WCFs that are the subject of the application shall comply with federal standards for radio frequency emissions and shall be designed, sited, and operated in accordance with applicable federal regulations addressing radio frequency interference.
3. Scaled site and elevation drawings, photo simulations, and any other supporting documents showing the type, size, height, and location of the proposed antenna, and accessory equipment.
4. For wireless communication towers, in addition to submittal requirements for WCF permits in subsections (D)(1) through (3) of this section, submittals must include:
a. A completed conditional use permit application (except in ARI, airport related industry; LI, light industrial; and HI, heavy industrial zone districts, where wireless communication towers are permitted uses; see TMC 11.20.090(A));
b. A diagram or map showing the location of the photo simulations described in subsection (D)(4)(d) of this section;
c. Coverage maps or other data or documentation demonstrating a network need for the WCF, consisting of computer model overlay maps (three color predictive coverage models) showing existing WCF sites operated by the applicant, which are close enough to impact service within the city and their current coverage, if applicable, and another showing the effects of the proposed site on coverage;
d. Photo simulations of the proposed facility from affected residential properties and rights-of-way at varying distances;
e. Site and landscaping plans signed and stamped by appropriate qualified professionals showing the specific placement and dimensions of the WCF on the site; showing locations of existing structures, trees, and other significant site features; and indicating type and location of plant materials used to screen WCF components and proposed colors for the WCF; setbacks; fencing; landscaping; adjacent uses; drainage; compliance with the city’s intersection and driveway sight distance standards; and other information deemed by the director to be necessary to assess compliance with this chapter; and
f. A statement in a form approved by the city attorney signed by the WCF service provider and the property owner of the proposed site agreeing:
i. To potential colocation of additional WCF service providers on the applicant’s structure or within the same site location;
ii. That the WCF service provider will remove the facility and related equipment if the site is abandoned as a result of discontinued use for six months or if the site falls into disrepair; and
iii. That if a WCF service provider fails to remove the facility within ninety days after notice of abandonment by the city, responsibility for removal shall fall upon the landowner (see TMC 11.20.150).
E. Permit Applications. Applications for WCF permits shall be submitted to and processed by the community development department. Developers of WCFs and nonexempted accessory wireless communication antenna uses must obtain a WCF permit prior to construction of the facility. A WCF permit may include conditions to mitigate potential impacts that result from the facility. WCF permit applications are processed and reviewed by the community development department using procedures adopted for administrative site plan review and, except for eligible facilities requests, conditional use permit processes.
F. Compliance with Zoning Provisions Required. Pursuant to requirements of TMC Title 18, all WCFs must comply with the requirements of each zone district for permitted, accessory, and conditional uses. Consult TMC Title 18 for the allowable permitted uses, accessory uses, and conditional uses for each zone district. In the event of a conflict, the more restrictive provisions shall control.
1. Permitted uses are uses specifically authorized in a zone district subject to limitations of regulations for such zone district, and applicable limitations of this chapter. Applications for WCF permits for permitted uses are subject to administrative review by the development review committee to determine compliance with applicable development standards and criteria, and approval by the director.
2. Accessory uses are uses secondary and incidental to permitted uses specifically authorized in the respective zone district.
3. Conditional uses are uses which because of special requirements or unusual characteristics related to particular zone districts, or because of possible detrimental effects on surrounding properties, may be permitted in zone districts if found to be appropriate under TMC Chapter 18.56 and applicable provisions of this chapter, and after the granting of a conditional use permit therefor by the hearing examiner. Applications for site plan review and conditional use permits shall be administered and processed by the community development department in a manner similar to that for other project permits pursuant to requirements of TMC Title 14.
G. Building and Utility Permits. In addition to WCF permits and conditional use permits, and to the submittal requirements in subsections A, C, and D of this section for nonexempt WCFs, a WCF applicant must submit an application, plans, specifications, and other materials necessary to obtain a building permit and any applicable utility permits, including, without limitation, payment of applicable fees and structural plans prepared by and bearing the stamp of a structural engineer licensed to practice in the state of Washington. Building and utility permits may be applied for either concurrently with or after site plan or conditional permit approvals. “Accessory wireless communication antennas,” exempted from WCF permits, are not required to obtain building permits unless alteration of a structure is required to accommodate the equipment. “Accessory wireless communication antennas,” not exempt from WCF permits, are exempt from building permit requirements unless the director determines during review of the WCF permit that additional analysis of the supporting structure or structural elements of the equipment are necessary.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O2011-002, Amended, 03/01/2011; Ord. O97-018, Added, 06/17/1997)
11.20.040 Processing procedures – Issuing authority and appeals.
A. Fully complete applications for WCF permits shall be processed in accordance with the project permit processing requirements of TMC Chapter 14.02. Final decisions and appeal authorities for such permits are as described in TMC 14.08.030.
B. Type of Review for Eligible Facilities Request Permit Application. Upon receipt of an application for an eligible facilities request pursuant to this chapter, the director shall review such application to determine whether the application so qualifies.
1. Time Frame for Review. Subject to the tolling provisions of subsection (B)(2) of this section, within sixty days of the date on which an applicant submits an application seeking approval under this chapter, the city shall act on the application unless it determines that the application is not covered by this subsection.
2. Tolling of the Time Frame for Review. The sixty-day review period begins to run when the application is filed, and may be tolled only by mutual agreement of the city and the applicant, or in cases where the director determines the application is incomplete:
a. To toll the time frame for incompleteness, the city must provide written notice to the applicant within thirty days of receipt of the application, 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 written submission in response to the city’s notice of incompleteness; and
c. Following a supplemental submission, the city will notify the applicant within ten days if 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 subsection (B)(2)(a) of this section. In the case of a second or subsequent notice of incompleteness, the city may not specify missing information or documents that were not delineated in the original notice of incompleteness if no new information submitted by the applicant alters a previously reviewed aspect of the application.
C. Failure to Act. In the event the city fails to act on a request seeking approval for an eligible facilities request under this section within the time frame for review, accounting for any tolling, the request shall be deemed granted. The deemed grant becomes effective when the applicant notifies the city in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.
D. Interaction with Telecommunications Act Section 332(c)(7). If the city determines that the applicant’s request is not an eligible facilities request as delineated in this title, the presumptively reasonable time frame under Section 332(c)(7), as prescribed by the FCC’s Shot Clock order, will begin to run from the issuance of the city’s decision that the application is not a covered request. To the extent such information is necessary, the city may request additional information from the applicant to evaluate the application under Section 332(c)(7) reviews.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O97-018, Added, 06/17/1997)
11.20.050 Permit fees.
Permit fees for WCF permits shall be set by resolution of the city council.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O2011-002, Amended, 03/01/2011; Ord. O97-018, Added, 06/17/1997)
11.20.060 Compliance.
A. Compliance with Applicable Law. Notwithstanding the approval of an application for new WCFs or for colocation as described in this chapter, all work done pursuant to WCF applications must be completed in accordance with all applicable building, structural, electrical, and safety requirements as set forth in this title and any other applicable federal, state, and/or local laws and regulations. In addition, all WCF applications shall comply with the following:
1. Comply with any permit or license issued by a local, state, or federal agency with jurisdiction of the WCF;
2. Be maintained in good working condition and to the standards established at the time of application approval; and
3. Remain free from trash, debris, litter, graffiti, and other forms of vandalism. Trash, debris, litter, graffiti, and other forms of vandalism, as well as any damage, shall be repaired as soon as practicable, and in no instance more than ten calendar days from the time of notification by the city or after discovery by the owner or operator of the site.
B. Compliance Report. Upon request by the city, the applicant shall provide a compliance report within forty-five days after installation of a WCF, demonstrating that as installed and in operation, the WCF complies with all conditions of approval, applicable TMC requirements, and standard regulations.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O97-018, Added, 06/17/1997)
11.20.070 Development standards for accessory wireless communication antennas.
A. Allowed as Accessory Uses. TMC Title 18 allows accessory wireless communication antennas as accessory uses to permitted uses specified in each zone district. Accessory wireless communication antenna uses involve the original transmission or final reception of telecommunications or cable services by and for the sole use of residents, patrons of a business, or other occupants of property as an accessory to a permitted use on the property where the antenna is located.
B. Categories/Use Limits/Maximum Size and Height. Accessory wireless communication antennas consist of ground mounted (freestanding) or building mounted (attached) antenna for the sole use of residents, patrons of a business, or other occupants of property sending or receiving communications or data as an accessory to a permitted use on the property where the antenna is located. Categories of accessory wireless communication antennas include Category I, Category II, Category III, or Category IV antennas, as those terms are defined in TMC Chapter 11.02.
C. Nonexempt Accessory Wireless Communication Antennas. Accessory wireless communication antennas uses that do not exceed height, size, or use limits described in subsection B of this section are exempt from the requirement to obtain a WCF permit by TMC 11.20.030(B). In cases where proposed devices exceed height, size, or use limits, and a WCF permit is required, such proposals shall be conditioned on approval of an administrative deviation pursuant to provisions of TMC 11.20.170.
D. Location. No freestanding accessory wireless communication antennas, support structures for antennas, nor metal guys attached to any antennas shall be located in a required front, side, or rear yard. In cases where the principal building on a lot is set back a greater distance from the right-of-way than required by zoning regulations for yards, no antenna nor antenna support shall be located between the principal building and the right-of-way.
E. Landscaping. Wherever feasible, freestanding parabolic (dish) antennas shall be screened from views on rights-of-way by trees, shrubs, or other appropriate means of landscaping.
F. Amateur Radio. In accordance with federal law, antennas and support structures used primarily for federally licensed amateur (“ham”) radio activities may exceed the maximum allowable height for buildings provided a determination is made by the development review committee in a formal review, that the proposed wireless communication tower height is technically necessary to successfully engage in amateur radio communications, and provided that the height be no more than the distance from the base of the antenna to the property line.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O97-018, Added, 06/17/1997)
11.20.080 Development standards for attached wireless communication facilities.
A. Attached WCFs Allowed. Attached WCFs are permitted uses in all zone districts, except the CBC, capitol boulevard community; HC, historic commercial; GB, greenbelt; OS, open space; and MHP, manufactured home park zone districts; and it is prohibited to attach a nonaccessory WCF on a single-family or two-family dwelling.
B. Types of attached WCFs include, but are not limited to, WCFs and transmission equipment affixed to or located within the wall or mounted on the top of an existing or replacement structure, base station, or other similar structure not constructed specifically to support an antenna.
C. Design Requirements.
1. Camouflage Required. Attached WCFs shall be designed to blend into the architecture of the building or structure on which placed through the use of color and camouflage design techniques, except where color is otherwise dictated by applicable law.
2. Attachment to Trees Prohibited. It is prohibited to use any tree as a support for any attached WCFs; or to use any tree to attach any metal guy or cable supporting any attached antenna.
3. Colocation. Where feasible, construction of new attached WCFs on existing structures shall be designed, engineered, and constructed to facilitate colocation of additional WCFs by other WCF providers on the same structure.
D. Setbacks for Attached Facilities. Attached WCFs shall conform to the following setback requirements:
1. Property Lines and Required Yards. WCFs and transmission equipment mounted on building walls or roofs shall not extend over property lines nor into required front, side, or rear yard areas; provided, that the development review committee may approve an encroachment into a required yard up to two feet for an antenna mounted on the face or wall of a building or structure if the antenna is camouflaged to blend into the architecture of the building or structure on which placed.
2. Antennas Mounted Atop Structures. Antennas on rooftops or atop water tanks shall be set back horizontally from the vertical edge of the structure one foot for every foot of elevation above the roof or tank. Whenever practical, antennas on rooftops must be either located or camouflaged so as not to be visible from adjacent rights-of-way.
E. Maximum Heights. Except for colocations as required by federal law with respect to an eligible facilities request, and WCFs in the right-of-way which are addressed in TMC 11.20.095, attached WCFs in any zone district shall not exceed the maximum height allowed for structures in the same zone district by TMC Title 18; except that WCFs mounted on rooftops which are at or near the maximum allowable height may extend above the height limit upon approval of an administrative deviation pursuant to provisions of TMC 11.20.170.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O2011-002, Amended, 03/01/2011; Ord. O2004-009, Amended, 12/07/2004; Ord. O97-018, Added, 06/17/1997)
11.20.090 Development standards for wireless communication towers.
A. Conditional Use Permit Required. Wireless communication towers are permitted by conditional use permit in all zone districts,
1. Except in:
a. Prohibited Zone Districts. No wireless communication towers are allowed in the NC, neighborhood commercial; CBC, capitol boulevard community; TC, town center; HC, historic commercial; BD, brewery district; GB, greenbelt; and OS, open space, zone districts; and
b. Permitted Zone Districts. Wireless communication towers in the LI, light industrial; HI, heavy industrial; and ARI, airport related industrial zone districts are allowed as permitted uses (see TMC 11.20.030(D)).
2. However, no conditional use permit shall be required for colocation of WCFs on existing wireless communication towers or base stations; provided, that:
a. For colocations that are not an eligible facilities request, the colocation does not result in an increase in height of the existing support structure, and the proposed addition otherwise complies with standards described in this chapter; or
b. For colocations that involve an eligible facilities request, the request complies with the applicable provisions of this title and federal law.
Emergency communications towers deemed essential facilities under TMC Chapter 18.56 can be sited in any zone district and follow the conditional use permit approval process.
B. Design Requirements.
1. Color and Camouflage Required. Wireless communication towers and related facilities shall be designed to blend into the surrounding environment with camouflage and concealment techniques wherever possible, except where color is otherwise dictated by applicable law.
2. Attachment to Trees Prohibited. It is prohibited to use any tree as a support for any wireless communication towers; or to use any tree to attach any metal guy or cable supporting any wireless communication towers.
3. Colocation. Whenever practical new wireless communication towers shall be designed, engineered, and constructed to facilitate colocation of WCFs on the same structure.
C. Setbacks for Wireless Communication Towers. Wireless communication towers shall conform to the following setback requirements:
1. Rights-of-Way. Wireless communication towers shall be set back from all rights-of-way a distance no less than one foot for every foot of wireless communication tower height.
2. Residential Properties. Wireless communication towers shall be set back from all adjacent properties in the RSR, residential/sensitive resource; SFL, single-family low density residential; SFM, single-family medium density residential; MFM, multifamily medium density residential; MFH, multifamily high density residential; and MHP, manufactured home park zone districts a distance no less than two feet for every foot of wireless communication tower height.
3. Nonresidential Properties. Wireless communication towers shall be set back from all adjacent properties in the NC, neighborhood commercial; CS, community services; MU, mixed use; CBC, capitol boulevard community; GC, general commercial; TC, town center; LI, light industrial; HI, heavy industrial; HC, historic commercial; GB, greenbelt; OS, open space; and ARI, airport related industry zone districts a distance no less than one foot for every foot of wireless communication tower height.
Provided however, that the minimum setback may be reduced upon approval of an administrative deviation pursuant to provisions of TMC 11.20.170.
D. Maximum Heights. Wireless communication towers in any zone district exclusive of industrial zone districts shall not exceed the maximum allowable heights for buildings in the same zone district by TMC Title 18 or fifty feet, whichever is less; provided, however, that the maximum allowable height may be increased upon approval of an administrative deviation pursuant to provisions of TMC 11.20.170. The maximum allowable height for wireless communication towers shall be one hundred feet in the LI, light industrial; HI, heavy industrial; and ARI, airport related industry zone districts; provided, however, that wireless communication towers shall not penetrate imaginary airspace surfaces as defined by Title 14 of the Code of Federal Regulations, Part 77. A map that provides detailed information on ground and imaginary airspace surface elevations is available for inspection in the community development department.
E. Separation Between Facilities. Except for the LI, light industrial; HI, heavy industrial; and ARI, airport related industry zone districts, no new wireless communication towers may be constructed within one thousand three hundred twenty feet of any other wireless communication tower except upon approval of an administrative deviation pursuant to provisions of TMC 11.20.170.
F. WCF Accessory Structures and Equipment. The shelter or cabinet used to house radio electronics equipment and the associated cabling connecting the equipment shelter or cabinet to the wireless communication tower shall be concealed, screened, camouflaged, or placed underground.
G. Landscaping and Tree Protection. Applications for development of a site for wireless communication towers shall include tree protection and landscaping plans to assure that:
1. Trees and other vegetation are retained and adequately protected pursuant to provisions of TMC Chapter 16.08.
2. To the greatest extent feasible, existing trees and other vegetation and new landscaping are utilized to screen WCFs, related buildings, and transmission equipment from view from adjacent properties and rights-of-way.
3. Applicable landscaping and buffering requirements of TMC Title 18 are met.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O2018-007, Amended, 10/16/2018; Ord. O2011-002, Amended, 03/01/2011; Ord. O2004-009, Amended, 12/07/2004; Ord. O97-018, Added, 06/17/1997)
11.20.095 Provisions for WCFs in the rights-of-way.
No new WCF shall be constructed in the right-of-way and no colocation or modification to any WCF in the right-of-way may occur except after (i) a written request from an applicant, reviewed and approved by the city in accordance with this chapter; (ii) execution of an agreement with the city to use such structure by its owner; and (iii) upon issuance of any required permits. All work done pursuant to WCF applications must be completed in accordance with all applicable building and safety requirements as set forth in this title and any other applicable regulations. For purposes of this chapter, a standalone pole in the right-of-way, the sole or primary purpose of which is to house small cell WCFs, shall not be treated as a wireless communication tower, and shall be considered under this section. Unless otherwise set forth in the agreement between the city and an applicant for placement of WCFs in the right-of-way, all WCFs in the right-of-way, except eligible facilities requests, shall be reviewed pursuant to the following procedures:
A. Master Permit. The applicant shall obtain and execute a telecommunications master permit pursuant to TMC Chapter 11.06, granting a nonexclusive right to use the right-of-way. Attachment of WCFs on an existing traffic signal, street light pole, or similar structure shall require written evidence of a license, or other legal right or approval, to use such structure by its owner. In its sole discretion, the city may prohibit or restrict the attachment of WCFs on certain city-owned poles, including without limitation, ornamental street light poles.
B. Operation and Maintenance. To ensure the structural integrity of WCFs in the right-of-way, the owner of a WCF shall ensure that it is maintained in compliance with the standards contained in applicable local building and safety codes. If upon inspection, the city concludes that a WCF fails to comply with such codes and constitutes a danger to persons or property, then, upon written notice being provided to the owner of the WCF, the owner shall have thirty days from the date of notice to bring such WCF into compliance. Upon good cause shown by the owner, the city’s chief building official may extend such compliance period not to exceed ninety days from the date of said notice. If the owner fails to bring such WCF into compliance within said time period, the city may remove such WCF at the owner’s expense.
C. Abandonment and Removal. If a WCF in the right-of-way has not been in use for a period of three months, the owner of the WCF shall notify the city of the nonuse and shall indicate whether re-use is expected within the ensuing three months. Any WCF that is not operated for a continuous period of six months shall be considered abandoned. The city, in its sole discretion, may require an abandoned WCF to be removed. The owner of such WCF shall remove the same within thirty days of receipt of written notice from the city. If such WCF is not removed within said thirty days, the city may remove it at the owner’s expense. After removal for any reason, any approved permits for the WCF shall be deemed to have expired. Additionally, the city, in its sole discretion, shall not approve any new WCF application until the applicant who is also the owner or operator of any such abandoned WCF in the right-of-way has removed such WCF or payment for such removal has been made to the city.
D. Camouflage/Concealment. All WCFs and any transmission equipment shall, to the extent feasible, use camouflage design techniques including, but not limited to, the use of materials, colors, textures, screening, undergrounding, or other design options that will blend the WCF to the surrounding natural setting and/or built environment. Design, materials, and colors of WCFs shall be compatible with the surrounding environment. Designs shall be compatible with structures and vegetation located in the right-of-way and on adjacent parcels.
1. Camouflage design may be of heightened importance where findings of particular sensitivity are made (e.g., proximity to historic or aesthetically significant structures, views, and/or community features). Should the director determine that WCFs are located in these areas of heightened importance, they shall be designed (e.g., camouflaged, placed underground, depressed, or located behind earth berms) to minimize their profile at the request of the director.
2. The camouflage design may include the use of base stations and other structures should the director determine that such design meets the intent of this title and the community is better served thereby.
3. All WCFs in the right-of-way shall be constructed out of or finished with nonreflective materials (visible exterior surfaces only).
E. Hazardous Materials. No hazardous materials shall be permitted in association with WCFs in the right-of-way, except those necessary for the operations of the WCF and only in accordance with all applicable laws governing such materials.
F. Lighting. WCFs shall not be artificially lighted, unless required by the FAA or other applicable governmental authority, or the WCF is mounted on a light pole or other similar structure primarily used for lighting purposes. If lighting is required, the city may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. Lighting shall be shielded or directed to the greatest extent possible to minimize the amount of glare and light falling onto nearby properties, particularly residences. Any necessary lighting must comply in all respects with the city’s dark sky ordinance provisions.
G. Noise. Noise generated on the site must not exceed the levels permitted in TMC Chapter 8.08, except that a WCF owner or operator shall be permitted to exceed the noise standards for a reasonable period during repairs, not to exceed two hours without prior authorization from the city.
H. Adjacent to Residential Uses. WCFs in the right-of-way shall be sited in a manner that evaluates the proximity of the facility to residential property. When placed near residential property, a standalone WCF (e.g., a new pole, and not a WCF placed on an existing or replacement street light pole, electric distribution or telephone pole, traffic signal pole, or other existing vertical structure) shall be placed adjacent to the common side yard property line between adjoining residential properties, such that the WCF minimized visual impacts equitably among adjacent properties and minimized impacts on existing trees within or next to the right-of-way. In the case of a corner lot, the WCF may be placed adjacent to the common side yard property line between adjoining residential properties, or on the corner formed by two intersecting rights-of-way. If these requirements are not feasible from a construction, engineering, or design perspective, the director may, in his/her sole discretion, exempt the WCF from these requirements, through the administrative deviation process described in TMC 11.20.170.
I. Height Requirements. The maximum height for WCFs in the right-of-way shall be as follows:
1. For WCFs located on utility distribution poles, no more than fifteen feet above the height of the pole to which the WCF is being attached, but in no event higher than forty-five feet. If a replacement utility distribution pole is necessary to accommodate the attachment, the height limitations shall be measured as if the WCF was being installed on the utility distribution pole that previously existed in that location.
2. For WCFs located on street light poles, no more than eight feet above the height of the street light pole to which the WCF is being attached, but in no event higher than forty feet. If a replacement street light pole is necessary to accommodate the attachment, the height limitations shall be measured as if the WCF was being installed on the street light pole that previously existed in that location.
3. For WCFs located on new, standalone poles, no more than ten feet above the height of any other existing poles located within five hundred feet of the proposed new pole location, but in no event higher than forty feet.
4. Notwithstanding any of the foregoing, the maximum height limits may be modified by the director through the administrative deviation process described in TMC 11.20.170.
J. Other Considerations. Additional design requirements shall be applicable to the various types of WCFs in the right-of way. New and existing poles in the right-of-way may accommodate small cell wireless facilities, but not other forms of WCFs.
1. The color of standalone poles in the right-of-way constructed to accommodate small cell wireless facilities shall be compatible with the colors of other poles in the right-of-way in the immediate vicinity. For example, if the new pole is near traffic signals at an intersection, the color of the new pole should match the color of the traffic signals. If the new pole is near street light poles, the color of the vertical structure should match so as to be the same, or similar to, the color of existing street light poles in the area.
2. Poles and WCFs in the right-of-way should use existing landforms, vegetation, and structures to aid in screening the facility from view or blending in with the surrounding built and natural environment.
3. Poles shall be architecturally compatible with the surrounding area.
4. Poles and WCFs in the right-of-way shall be compatible with the surrounding topography, trees, and foliage.
5. Poles and WCFs in the right-of-way shall include design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
6. To the extent feasible, pole-mounted small cell wireless facilities shall be located on, or within, an existing or replacement utility pole serving the city or another utility and shall be camouflaged and concealed consistent with other existing natural or manmade features near the location where the facilities will be located.
7. If there are no reasonable alternatives, and the applicant is authorized to construct the new standalone poles or a replacement pole, to the extent reasonably feasible, such poles shall:
a. Be consistent with the size and shape of the pole-mounted equipment installed by communications companies on utility poles near the new standalone pole;
b. Be sized to minimize the negative aesthetic impacts to the right-of-way and adjacent property;
c. Be designed such that any ground mounted equipment shall be located in a manner necessary to address both public safety and aesthetic concerns in the reasonable discretion of the director, and may, where appropriate and reasonably feasible based upon technical, construction, and engineering requirements, require a flush-to-grade underground equipment vault;
d. Not alter vehicular circulation or parking within the right-of-way or impede vehicular, bicycle, or pedestrian access or visibility along the right-of-way. No standalone pole may be located or maintained in a manner that causes unreasonable interference. Unreasonable interference means any use of the right-of-way that disrupts or interferes with its use by the city, the general public, or other person authorized to use or be present upon the right-of-way, when an alternative exists that would result in less disruption or interference. Unreasonable interference includes any use of the right-of-way that disrupts vehicular or pedestrian traffic, any interference with utilities, and any other activity that will present a hazard to public health, safety, or welfare;
e. Not be located within five hundred feet of another freestanding WCF pole in the right-of-way. The director may exempt an applicant from these requirements if the applicant demonstrates that the minimum separation requirement cannot be satisfied for technical reasons, and if the director determines that placement of a WCF at a distance less than five hundred feet from another WCF will meet the intent of reducing visibility of WCFs to the extent possible; and
f. With respect to equipment enclosures, be located out of view as much as possible.
8. Antennas shall meet the following requirements:
a. Antennas shall be mounted as close to the pole as is technically feasible and may be flush mounted, placed on the pole top, or mounted with a standoff bracket.
b. Antennas shall be of a neutral, nonreflective color that is closely compatible with the color of the supporting structure.
9. Aside from antennas, other transmission equipment for all WCFs shall meet the following requirements:
a. All other transmission equipment shall be grouped as closely as technically possible and reduce the overall visual impact of the WCF;
b. Other transmission equipment shall be located out of sight whenever possible by locating within equipment enclosures. Where such alternate locations are not available, the transmission equipment shall be camouflaged or concealed; and
c. Other transmission equipment shall be of a neutral, nonreflective color that is identical to, or closely compatible with, the color of the supporting structure or uses other camouflage and concealment design techniques so as to make the equipment as visually unobtrusive as possible, including, for example, painting the equipment to match the structure or using a graphics wrap to blend the structure into the surrounding environment.
10. In areas where utilities are required to be placed underground, any new wiring required to bring power to serve a WCF site shall be located underground.
(Ord. O2018-025, Added, 12/18/2018)
11.20.100 Additional conditional use permit and administrative approval criteria for WCF antennas and wireless communication towers.
In addition to the conditional use permit criteria specified in TMC Chapter 18.56, the following specific criteria shall be met before a conditional use permit or administrative approval for a WCF can be granted:
A. Visual Impact.
1. Except in connection with an eligible facilities request, antennas may not exceed the height limitations of TMC 11.20.095(I).
2. Site location and development shall preserve the preexisting character of the surrounding buildings and land uses and the zone district to the extent consistent with the function of the communications equipment. Wireless communication towers shall be integrated through location and design to blend in with the existing characteristics of the site to the extent practical. Existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the site to the surrounding area.
3. Accessory equipment used to house WCF should be located within buildings or placed underground when practically or technically feasible. When they cannot be located in buildings or underground, equipment shelters or cabinets shall be screened and landscaped in conformance with buffer requirements specified in TMC Chapter 18.47.
B. Noise. No wireless communication equipment shall be operated to produce noise levels above the decibel (dB) levels described in TMC Chapter 8.08. Backup generators shall only be used during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 8:00 a.m. and 6:00 p.m.
C. Lighting. A wireless communication tower or other structure to which a WCF is attached shall not be lighted except to the extent required by federal and state aviation or telecommunications agencies.
D. Electromagnetic Radio Frequency Emissions. Federal law provides that the federal government has sole jurisdiction to regulate in the field of radio frequency (RF) emissions.
1. WCF shall not be conditioned nor denied based on RF impacts.
2. Applicants for WCF permits shall be required to provide information as required in the application certifying compliance with federal standards.
E. Air Navigation Height Limitation. In addition to height limitations imposed elsewhere in this title, no wireless communication tower or other WCF may pierce the civil airport imaginary surface of the Olympia regional airport, pursuant to Federal Aviation Administration, Title 14, Part 77 rules, without express support by the FAA and the Port of Olympia.
F. Access to Site. WCF sites shall be fenced by a security fence not less than six feet in height to prevent access to areas of the site, transmission equipment, wireless communication towers, or related structures. Base stations such as buildings and similar structures used for telecommunications equipment facilities and accessory equipment shall be locked and secured to prevent unauthorized entry. Wireless communication towers and base stations shall be designed with anti-climbing features to prevent climbing by intruders.
G. Site Identification. WCF sites shall be identified by means of a sign no larger than two square feet affixed to the equipment building or fence enclosure which identifies each firm using the site and provides a contact name and telephone number.
H. Structural Requirements. WCFs shall not cause applicable wind and dead load standards of the building code as adopted in TMC Title 15 to be exceeded.
I. View Obstruction. WCFs shall be located as to minimize the obstruction of scenic views from residential zone districts, such as RSR, residential/sensitive resource; SFL, single-family low density residential; SFM, single-family medium density residential; MFM, multifamily medium density residential; MFH, multifamily high density residential; and MHP, manufactured home park zone districts. Determinations of the significance of potential view obstructions shall be based on submittal materials and field examinations by city staff during review processes, and, except for those applications subject to administrative review only, approvals shall consider comments from owners and/or residents of affected properties.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O2010-017, Amended, 12/21/2010; Ord. O97-024, Amended, 03/03/1998; Ord. O97-018, Added, 06/17/1997)
11.20.140 Conditional use permit exemptions.
The following are exempt from the requirement of a conditional use permit, and shall be considered a permitted use in all zone districts where WCFs are permitted:
A. Minor modifications of existing WCFs and attached WCFs, whether emergency or routine, so long as there is little or no change in the visual appearance. “Minor modifications” are those modifications, including the addition of antennas, to conforming wireless and attached WCFs that meet the performance standards set forth in this chapter.
B. Small cell facilities located in the right-of-way to the extent they meet all other applicable requirements of this chapter.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O97-018, Added, 06/17/1997)
11.20.150 Obsolescence.
A WCF may be determined to be abandoned for discontinued use or if the facility falls into disrepair or noncompliance due to neglect of maintenance.
A. Abandonment Due to Discontinued Use.
1. The owner and/or operator of a WCF shall notify the city in writing when a WCF will be abandoned or otherwise removed from service, if no replacement or upgrade is planned for the site. Failure to provide such notice within ninety days of abandonment shall be deemed a violation of this chapter and subject the owner and operator to penalties for civil infractions pursuant to TMC Chapter 1.10.
2. A WCF shall be determined to be abandoned if use of the facility is discontinued for six months. Within ninety days after notice from the city that a facility has been determined to be abandoned due to discontinued use, or in response to a notification of abandonment under subsection (A)(1) of this section, the owner of the WCF shall either reestablish use of the site or remove all equipment, support structures, and appurtenances and restore the site. In the event two or more wireless communication service providers are colocated on a freestanding WCF support structure, the facility shall not be considered abandoned due to discontinued use unless all users cease use of the facility.
B. Abandonment Due to Disrepair or Noncompliance. In the event a WCF falls into disrepair or noncompliance due to neglect of maintenance, the facility shall be determined to be abandoned if repairs are not effected to restore compliance within thirty days after notice of noncompliance from the city. Failure to comply within thirty days shall result in expiration by limitation of prior approvals for the facility.
C. Expiration of Prior Approvals. Failure of a WCF owner or operator to reestablish use of a WCF within ninety days after notice of abandonment due to discontinuance, or failure of an WCF owner to effect repairs to restore compliance within thirty days after notice of noncompliance due to disrepair or neglect of maintenance, shall result in expiration of all prior approvals for the facility by the city. Any proposal to reestablish a WCF facility after such expiration shall be treated as a new application subject to reviews, approvals, and fees required by this code.
D. Liability for Noncompliance. No time period stated in this title shall relieve the owner of a WCF from responsibility to maintain a facility safely and in accordance with all applicable laws and regulations.
E. Responsibility of the Property Owner. In addition to the responsibility of the owner of a WCF for repair or removal of a facility, the owner of the property upon which the WCF is placed retains ultimate responsibility for care and custody of the premises, and may be required in cases of abandonment to remove unused or noncomplying facilities.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O97-018, Added, 06/17/1997)
11.20.160 Colocation considerations.
A. Colocation Efforts Required. A permittee shall cooperate with other WCF owners and operators in colocating additional antennas on base stations and/or on wireless communication towers that have been approved for colocation of WCFs by the city, provided said proposed colocators have received a WCF permit for such use at said site from the city. A permittee shall exercise good faith in colocating with other providers and sharing the permitted site, provided such shared use does not give rise to a substantial technical level impairment of the ability to provide the permitted use (i.e., a measurable interference in broadcast or reception capabilities as opposed to a competitive conflict or financial burden). Such good faith shall include sharing technical information to evaluate the feasibility of colocation. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the city may require a third party technical study at the expense of either or both the applicant and permittee.
B. Demonstration of Colocation Efforts Required. All applicants shall demonstrate reasonable efforts in developing a colocation alternative for their proposal. Applicants for facilities that are not proposed to be colocated with another WCF shall provide a written explanation why the proposed facility is not a candidate for colocation.
C. Proposals Not Providing for Colocation. It shall be the obligation of any applicant for either a WCF permit or conditional use permit for a WCF not providing for colocation to demonstrate that colocation is not a feasible alternative for the proposal. Failure to comply with colocation requirements of this chapter may result in the denial of a permit request or revocation of an existing permit.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O97-018, Added, 06/17/1997)
11.20.170 Administrative deviations – Variances from standards.
A. Administrative Deviations. The development standards contained in this chapter establish basic parameters for compliance. Some of these parameters, as specified in subsection C of this section, may be varied from by administrative deviation.
B. Basis for Administrative Deviation. Administrative deviations may be granted in cases where the final approval authority finds that strict adherence to height, size, setback, separation, or other standards for WCFs:
1. Prohibits or has the effect of prohibiting the provision of personal wireless services;
2. Results in conditions contrary to the purposes of WCFs specified in TMC 11.20.010(B) or otherwise renders compliance impractical; or
3. Creates unnecessary hardship to the owners or users of lands or buildings or providers of wireless communications services, then the final approval authority may approve an administrative deviation varying from requirements and standards.
C. Final Approval Authority.
1. Accessory Wireless Communication Antennas. Final approval authority for administrative deviation of accessory wireless communication antennas is the director based on findings of the development review committee after completion of a feasibility review.
2. WCFs Except Wireless Communication Towers. Final approval authority for administrative deviation of any WCF that is not a wireless communication tower is the director based on findings of the development review committee after completion of administrative site plan review.
3. Final approval authority for administrative deviation of a wireless communication tower is the hearing examiner based on findings from a public hearing on a conditional use permit, except in industrial zone districts. In the LI, light industrial; HI, heavy industrial; and ARI, airport related industry zone districts, the final approval authority is the director based on findings of the development review committee after completion of administrative site plan review.
D. Scope of Administrative Deviations. The administrative deviation process for WCFs applies to:
1. Height, size, or use limits described in TMC 11.20.070(B) for accessory wireless communication antennas;
2. Setbacks, maximum height, size, or separation requirements for other WCFs; or
3. Any other location standard, colocation requirement, or other regulatory provisions of this chapter, when considered in conjunction with applicant’s site specific request, where the final approval authority finds such provisions inconsistent with purposes of these regulations or contrary to requirements of the federal or state law.
Approval of a request for administrative deviation shall be narrowly construed and shall be based on an evaluation of the operational needs of the wireless communications provider, alternative locations, alternative existing facilities upon which a proposed antenna array might be located, and colocation opportunities on existing support wireless communication towers within one-half mile of the proposed site. Evidence shall demonstrate that no practical alternative is reasonably available to the applicant.
E. Necessary Findings for Granting of an Administrative Deviation. An administrative deviation may be granted by the final approval authority for WCFs upon findings of fact, as follows:
1. Nonresidential Properties. WCFs on properties in nonresidential zone districts (NC, neighborhood commercial; CS, community services; MU, mixed use; GC, general commercial; TC, town center; LI, light industrial; HI, heavy industrial; HC, historic commercial; BD, brewery district; GB, greenbelt; OS, open space; or ARI, airport related industry zone districts) may exceed applicable limits contained in this chapter by administrative deviation based on findings of each of the following that a proposed WCF:
a. Is the least height and proximity to adjacent properties necessary to provide the coverage or capacity by the communications service provider and to achieve the purposes of TMC 11.20.010(B);
b. Employs all reasonable measures to provide visual mitigation that screen the facility from views of adjacent residences or undeveloped residential properties;
c. Will not produce noise, vibration, odors, or illumination that will adversely impact other properties in the vicinity;
d. By means of design or location, does not present a hazard to adjacent properties; and
e. Does not penetrate imaginary airspace surfaces as defined by Title 14 of the Code of Federal Regulations, Part 77. A map that provides detailed information on ground and imaginary airspace surface elevations is available for inspection in the community development department. Alternatively, an applicant may provide a written “no hazard determination” from the FAA with respect to the proposed modification.
f. For reductions of setbacks for WCFs, the structure is designed and engineered, in the event of structural failure, not to fall beyond the radius of the reduced setback; and
g. Does not otherwise result in significant adverse impact on the property on which the facility is located, on other properties in the vicinity, or on the community in general.
h. For WCFs in the rights-of-way, does not exceed the height limits permitted by this code by more than fifteen feet, does not propose attachments which will negatively impact views including views from a residential structure, does not propose accessory or transmission equipment to be located above ground separate from the pole in a manner that would negatively impact traffic flow or create other public safety concerns, and would not violate any code provisions related to noise.
2. Residential Properties. WCFs on properties in residential zone districts (RSR, residential/sensitive resource; SFL, single-family low density residential; SFM, single-family medium density residential; MFM, multifamily medium density residential; MFH, multifamily high density residential; and MHP, manufactured home park) may exceed applicable limits contained in this chapter by administrative deviation based on findings of each of the following that a proposed antenna, wireless communication tower, and related structure or equipment:
a. Each of the above findings necessary for facilities in nonresidential zone districts applies; and provided further, that
b. The final approval authority may hold the applicant for an administrative deviation at a proposed site in a residential zone district to a higher standard than in nonresidential zone districts to demonstrate visual mitigation, elimination of potential adverse impacts, and protection of health and safety necessary to preserve the residential character of the vicinity.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O2011-002, Amended, 03/01/2011; Ord. O2004-009, Amended, 12/07/2004; Ord. O97-018, Added, 06/17/1997)
(Ord. O2018-025, Amended, 12/18/2018; O2018-007, Amended, 10/16/2018; Amended during 2011 reformat)