Chapter 20.170
WIRELESS COMMUNICATION FACILITIES
Sections:
20.170.030 Permits and exemptions.
20.170.032 Permit applications.
20.170.040 General siting criteria.
20.170.050 Siting within residentially zoned property – Development standards.
20.170.055 Siting near residentially zoned property.
20.170.060 Amateur radio towers – Development standards.
20.170.065 Large satellite dish antennas.
20.170.070 Support structures and antennas – Development standards.
20.170.080 Wireless communications facilities – Development standards.
20.170.085 Removal of wireless communication facilities.
20.170.090 Special exceptions.
20.170.010 Purpose.
A. The purpose of this chapter is to establish appropriate locations, site development standards, and permit requirements to allow for wireless communication services to the residents of the city, in a manner which will facilitate the location of various types of wireless communication facilities in permitted locations so that they are consistent with the character of the city in general and the land use zones within which they are located.
B. In addition to implementing the general purposes of the comprehensive plan and development regulations, this chapter addresses the issues of appearance and safety associated with antenna support structures, alternative antenna support structures, wireless communication facilities, amateur radio towers, monopoles, satellite dish antennas, and related equipment. It provides adequate siting opportunities at appropriate locations within the city to support existing communications technologies and to encourage new technologies as needed for Walla Walla businesses and institutions to stay competitive.
C. A wide range of locations and options for the provision of wireless service which minimize safety hazards and visual impacts sometimes associated with wireless communication facilities are provided. The siting of facilities on existing buildings or structures, co-location of communication facilities, and visual mitigation tactics are encouraged to preserve neighborhood aesthetics and reduce visual clutter in the community. This chapter, together with applicable provisions of the International Building Code, the National Electrical Code, and Title 12 of the Walla Walla Municipal Code, is also intended to protect the public rights-of-way from excessive invasion and disruption and to permit wireless communications service providers reasonable use of such rights-of-way for the purpose of providing wireless and wired communications services. (Ord. 2022-26 § 2, 2022; Ord. 2003-3 § 5 (part), 2003).
20.170.020 Definitions.
“Alternative antenna support structures” includes flat roofs of buildings that are greater than thirty-five feet in height above the street grade upon which such buildings front, bell towers, clock towers, water towers, church steeples, street light standards, traffic light and traffic sign structures, bill boards and commercial signs, and other man-made structures and devices that extend vertically from the ground to a sufficient height or elevation to accommodate the attachment of antennas at an altitude or elevation that is desirable for wireless communications signal transmission and reception.
“Antenna” means any exterior apparatus designed for telephonic, radio, data, internet, or other communications through the sending and/or receiving of radio frequency signals including, but not limited to, equipment attached to an antenna support structure or alternative antenna support structure for the purpose of providing wireless services.
“Antenna support structure” means a structure or device specifically designed, constructed and/or erected for the purpose of attaching, mounting or otherwise affixing antennas at a height, altitude, or elevation which is significantly above the base of such structure; antenna support structures include the following:
1. “Lattice tower” which is a vertical support structure consisting of a network of crossed metal braces, forming a tower which may be three, four, or more sided;
2. “Monopole tower” which is a vertical support structure consisting of a single vertical metal, concrete or wooden pole, typically round or square, and driven into the ground or attached to a foundation.
“Attached antenna” means a wireless communication antenna which is fixed to an alternative antenna support structure.
“Co-location” means (1) mounting or installing an antenna facility on a preexisting structure, and/or (2) modifying a structure for the purpose of mounting or installing an antenna facility on that structure; provided, that, for purposes of eligible facilities requests, “co-location” means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
“Equipment enclosure” means a small structure, shelter, cabinet, box or vault designed for and used to house and protect the electronic equipment necessary and/or desirable for processing wireless communications signals and data, including any provisions for air conditioning, ventilation, or auxiliary electricity generators.
Satellite Dish.
1. Small: A “small satellite dish” is one with a diameter of one meter or less in all zones.
2. Large: A “large satellite dish” is one with a diameter of greater than one meter in all zones.
“Stealth” means the design and technology that minimizes the aesthetic and visual impact of wireless communication facilities by camouflaging, disguising, screening, architecturally integrating, and/or the incorporation of colors and design features to blend into the surrounding environment.
“Wireless communication facility” means an unstaffed facility for the transmission and/or reception of radio frequency (RF), microwave or other signals for communication purposes, typically consisting of an equipment enclosure, an antenna support structure or an alternative antenna support structure, and one or more antennas.
“Wireless communication service” means providing or offering for rent, sale, lease, or in exchange for other consideration, the transmittal and reception of voice, data, image, graphic, and other information by the use of wireless communications facilities; this term includes any personal wireless services as defined in the Telecommunications Act of 1996. These include commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, and similar services that currently exist or that may in the future be developed.
“Wireless communication service provider” means every person or entity who provides wireless communications service, for rent, sale, lease, or in exchange for other consideration, through the use of wireless communications facilities, whether or not such facilities are owned by or under the control of such person. (Ord. 2022-26 § 2, 2022; Ord. 2003-3 § 6 (part), 2003: Ord. 2000-6 § 2 (part), 2000: Ord. 99-21 § 2 (part), 1999).
20.170.030 Permits and exemptions.
A. Permits Required. Permits are required for all wireless communication facilities. Permits and development standards for small wireless facilities are addressed in Chapters 5.02 and 20.171. Permits and development standards for wireless communication facilities proposed as eligible facilities requests are provided under Section 20.171.080.
B. Structural Permits. Building permits and mechanical permits are required for all wireless communications facilities unless specifically exempted under subsection C of this section, Exemptions.
C. Exemptions. The following antennas shall be exempt from permit requirements:
1. VHF and UHF receive-only television antennas: VHF and UHF receive-only antennas shall not be required to obtain a building permit. VHF/UHF antennas shall be restricted to a height limit of no more than fifteen feet above the existing or proposed roof.
2. Small satellite dishes.
3. Temporary wireless facilities for the following purposes:
a. In response to a declaration of public emergency, if approved by the city manager or designee.
b. To provide coverage for an officially sanctioned public event.
c. For purposes of this subsection, “temporary” means no more than ninety days unless extended by the city. (Ord. 2022-26 § 2, 2022; Ord. 2019-38 § 17 (part), 2019: Ord. 2003-3 § 7 (part), 2003: Ord. 2000-6 § 2(part), 2000: Ord. 99-21 § 2 (part), 1999).
20.170.032 Permit applications.
Any wireless communication service provider wishing to receive authorizations and permits to develop and operate a wireless communication facility or a person wishing to receive authorizations and permits to develop and operate an amateur radio tower in the city of Walla Walla shall submit an application package to city development services that contains the following information:
A. A permit application signed by the property owner.
B. Name, address, contact person, and contact information for the entity seeking authorization and permits, including copies of all current licenses and authorizations required to provide wireless communications services in the city of Walla Walla.
C. Complete description, including technical diagrams and specifications, photos, depictions, and plans of the proposed wireless communications facility or facilities, and a complete description of the services to be provided by such facilities.
D. A site map depicting the location of the proposed facility and drawings or renderings depicting the antenna support structure or alternative antenna support structure and its appearance from street level from north, south, east, and west perspectives. The drawings should be produced with the purpose of showing the proposed facility from adjacent and nearby properties as it will appear when completed, including any proposed features to conceal, camouflage, or visually blend the proposed facility into its surroundings.
E. A complete discussion of the following:
1. Why the applicant selected the proposed site, including technical analysis, which explains why other sites are not satisfactory for the proposed facility;
2. If the applicant is proposing a site with no other wireless communications facilities present, explain why co-location is not technically feasible, unavailable, or is otherwise unsuitable;
3. A comparison of the service to be provided by the proposed facility services provided by the applicant’s other facilities in the city, including service features, coverage or capacity needs, plans for new or added services, potential interference with radio transmissions for emergency services, and related service issues; and
4. A description of stealth design and technology and their availability to conceal, camouflage, or visually blend the proposed facility into its surroundings, and an explanation why certain stealth design technology were selected or not selected as part of the proposed facility.
F. The application fees required in Section 20.170.035.
G. Such other information and materials that may be required. (Ord. 2022-26 § 2, 2022; Ord. 2019-38 § 17 (part), 2019).
20.170.035 Permit fees.
Fees shall be charged as provided in Section 20.02.140 and Chapter 2.94 of the Walla Walla Municipal Code and the ordinances and resolutions of the Walla Walla city council. (Ord. 2008-24 § 15, 2008: Ord. 2003-3 § 9 (part), 2003).
20.170.040 General siting criteria.
A. Chapter 20.100, Tables of Permitted Land Uses, identifies the zoning districts and the review level for wireless communication facilities and related structures. The development standards in Chapters 20.50 and 20.102 address setback and other site specific factors. The siting criteria contained in this chapter for wireless communication facilities and related structures are necessary to encourage the siting of those facilities in locations most appropriate based on land use compatibility, neighborhood characteristics, and aesthetic considerations.
B. Co-location on existing antenna support structures or alternative antenna support structures is required if technically feasible, available, and otherwise suitable for the proposed wireless communication services. Further, attachment of antennas to existing nonresidential structures and buildings primarily within industrial, and commercial zoning districts is preferable to additional antenna support structures. The city may request feasibility studies associated with applications for wireless communication facilities which demonstrate that locations on existing structures have been explored as the preferred siting alternative. The cost of such studies shall be the responsibility of the applicant.
C. The following sites shall be considered by applicants as the preferred order for location of proposed wireless facilities including antennas, equipment, and equipment shelters. As determined feasible, and available, and in order of preference, the sites are:
1. Existing or replacement antenna support structures and alternative antenna support structures: On any existing site or tower where a legal wireless communication facility is currently located.
2. Industrial, manufacturing: Structures or sites used exclusively for industrial purposes. These are areas of more intensive land uses where a full range of public facilities are expected.
3. Publicly used structures: Attached to existing public facilities such as water towers, utility structures, fire stations, bridges, and other public buildings within central commercial (CC), highway commercial (CH), light industrial/commercial (IL/C), heavy industrial (IH), and airport development (AD) zoning districts not utilized primarily for recreational uses. (Refer to Chapter 5.03, Telecommunications, for rules and regulations specific to facilities located on city-owned land, buildings, or public right-of-way).
4. Central commercial, highway commercial, and heavy industrial, and light industrial/commercial zoned sites: Structures or sites used exclusively for manufacturing, commercial and office uses. These are areas of more intensive land uses where a full range of public facilities are expected.
5. Public reserve zoned sites: Attached to existing public facilities such as water towers, existing or replacement utility structures, fire stations, bridges, and other public buildings within public reserve zones.
6. Neighborhood residential, multifamily residential: Refer to Sections 20.170.050 and 20.170.070 for rules and regulations specific to facilities located within neighborhood residential and multifamily residential zones.
7. Other sites: Other sites where wireless communication facilities are permitted under Chapter 20.100, Tables of Permitted Land Uses.
D. The city may retain qualified experts to review application materials submitted by an applicant, and to provide technical and other advice to the city in considering issuance of requested authorizations and permits. Topics on which the city may retain experts include, but are not limited to, co-location, visual screening, buffering, and stealth design and technology of proposed facilities, radio signal coverage, the feasibility of providing the proposed services, and potential signal interference with radio communication systems for emergency services and related services, and similar wireless communication service issues.
If the city retains one or more experts on one or more topics related to an application package, the city shall develop a scope of work for each expert. This scope of work shall be made available to the applicant for a period of ten days for review and comment. After ten days, and after review of any input received from the applicant, the city may retain the expert(s) to perform the scope of work as finally determined by the city. Applicants shall be responsible for reasonable costs actually incurred by the city under this subsection. Applicants shall pay an initial deposit of one thousand dollars. If actual costs are less than the deposit, the city shall refund the excess to the applicant. If actual costs exceed the deposit, the applicant shall pay the excess to the city no later than thirty days after receipt of an invoice for the excess from the city.
The city shall make available to the applicant all written reports and data produced under the scope of work, unless there is an applicable legal privilege or restriction on sharing such information with the applicant. (Ord. 2022-26 § 3, 2022; Ord. 2003-3 § 10(part), 2003: Ord. 2000-6 § 2 (part), 2000: Ord. 99-21 § 2 (part), 1999).
20.170.050 Siting within residentially zoned property – Development standards.
A. Wireless communication facilities, antenna support structures, and all related structures are prohibited on properties zoned neighborhood residential (RN) or multifamily residential (RM) unless:
1. The wireless communication facilities, antenna support structures, and all related structures are designed using stealth technology and placed on a parcel with a preexisting nonresidential use.
a. Examples of stealth design and technology of antenna support structures include but are not limited to facilities disguised as trees, flagpoles, bell or clock towers, freestanding church steeples.
b. The wireless communication facility and antenna support structure must comply with the height and setback limitations of Section 20.170.070(D).
c. For purposes of this chapter, “nonresidential use” means, churches, synagogues, temples, or professional offices; or
2. The wireless communications facilities, antenna support structures, and all related structures are designed using stealth technology and placed atop the roof of a building that is greater than thirty-five feet in height:
a. Examples of stealth design and technology of alternative antenna support structures include but are not limited to facilities disguised with a pitched faux-roof, screened roof mounted antennas, antennas integrated into the building architectural design, placement of antennas that minimize visibility of the facility as viewed from public streets or residential properties.
b. The wireless communication facility must comply with the height and setback limitations of Section 20.170.070(D).
B. This section shall not preclude co-location of facilities upon existing legally located antenna support structures or existing legally located attached antennas; provided, that such co-location does not substantially change the existing use or materially expand the physical dimensions of the facilities at that location or is otherwise permitted as an eligible facilities request under Section 20.171.080. (Ord. 2022-26 § 5, 2022; Ord. 2003-3 § 12 (part), 2003).
20.170.055 Siting near residentially zoned property.
A. Wireless communication facilities and related structures located outside of a residential zone shall be located not less than three hundred feet from any nearby residentially zoned property (measured from the facility to the property line of each nearby residentially zoned property).
B. An exception to the siting restrictions in subsection A of this section may be allowed if the wireless communication facility uses stealth design and technology and otherwise complies with the development standards of Sections 20.170.050 and 20.170.070 and is approved through the conditional use permit review process. (Ord. 2022-26 § 6, 2022).
20.170.060 Amateur radio towers – Development standards.
A. Standards for All Zoning Districts.
1. Amateur radio towers reviewed under this section shall not be located within any easements, the front yard, or side or rear yard building setback areas.
2. Mountings and amateur radio towers should be no taller than the minimum required for the purposes of obtaining an obstruction-free reception window.
3. To the extent technically feasible and in compliance with safety regulations, specific paint colors may be required to allow the tower to blend better with its setting.
4. Screening of the bases of ground-mounted amateur radio towers shall be provided with one or a combination of the following methods: fencing, walls, landscaping, structures, or topography which will block the view of the antennas as much as practicable from any street and from the yards and main floor living areas of residential properties within approximately five hundred feet. Screening may be located anywhere between the base and the above mentioned viewpoints. Landscaping for the purposes of screening shall be maintained in a healthy condition. Bases of amateur radio towers shall be solidly screened by a view-obscuring fence, wall, or evergreen plantings at least six feet in height.
5. Amateur radio towers shall not be used for the purposes of signage and shall not display signage of any kind.
6. Construction plans and final construction of the mounting bases of amateur radio towers covered by this section shall meet the structural design requirements of this section and shall have a building permit.
7. Amateur radio towers may be ground or roof-mounted; however, ground-mounted towers must be located at a point farthest from lot lines as feasible.
8. Amateur radio towers shall not be used, nor shall they be intended for use, for the placement, construction, or modification of wireless communication facilities.
9. Amateur radio towers shall not be used, nor shall they be intended for use, to provide or offer wireless communication services for rent, sale, lease or in exchange for other consideration.
10. Height of amateur radio towers is determined by the zone in which the proposed tower is to be located in accordance with Section 20.170.070 except as permitted by subsection (B)(2) of this section.
B. Additional Standards in Residential Zones – Amateur Radio Towers.
1. Towers shall not be constructed or used for commercial use.
2. The height of a ground-mounted tower may not exceed sixty-five feet unless a proposal demonstrates that physical obstructions impair the adequate use of the tower. Telescoping towers may exceed the sixty-five-foot height limit only when extended and operating. The combined structure of a roof-mounted tower and antennas shall not exceed a height of twenty-five feet above the existing roofline.
3. Towers shall be located in what would customarily be considered the yard of the residence. Placement shall avoid, to the extent possible, using land that is available for crops, pasturage or other agricultural use.
4. Towers shall be located at a point farthest from lot lines as feasible, or the point farthest from residential structures on abutting properties.
5. In residential zones, the base of a ground-mounted tower shall be screened with fencing, walls, landscaping, or other means such that the view of the antennas base is blocked as much as practicable from any street and from the yards and main living floor areas of surrounding residential properties. The screening may be located anywhere between the antennas and the above mentioned viewpoints. Landscaping that qualifies for the purpose of screening shall be maintained in a healthy condition.
6. Applications shall document that the proposed tower and any mounting bases are designed to withstand wind and seismic loads as established by the International Building Code. (Ord. 2022-26 § 7, 2022; Ord. 2003-3 § 13 (part), 2003: Ord. 2000-6 § 2 (part), 2000: Ord. 99-20 § 2 (part), 1999).
20.170.065 Large satellite dish antennas.
A. Large satellite dish antennas are prohibited in the neighborhood residential (RN) and multifamily residential (RM) zones.
B. Large satellite dish antennas are allowed in all other zoning districts. An application for the placement of large satellite dish antennas shall be processed using Level II procedures of Chapter 20.22 with review by the site plan review committee under Chapter 20.46, which will consider the setback, mounting, concealment, and screening and other siting details of the proposed large satellite dish antenna. (Ord. 2022-26 § 8, 2022).
20.170.070 Support structures and antennas – Development standards.
A. Development Standards for All Zoning Districts.
1. The applicant shall demonstrate that the proposed location was selected pursuant to the siting criteria of Sections 20.170.040, 20.170.050, and 20.170.055. Placement of an antenna support structure shall be denied if the antenna support needs can be met by co-location on an existing antenna support structure or by mounting on an alternative antenna support structure which already supports an attached antenna. Placement of an attached antenna shall be denied if the antenna support needs can be met by co-location on an existing antenna support structure or by mounting on an alternative antenna support structure which already supports an attached antenna. Applications shall be required to provide documentation that comprehensive efforts to identify alternative locations were made.
2. Owners and operators of a proposed antenna support structure shall provide information regarding the opportunity for the co-location of other antennas. If feasible, provision for future co-location may be required.
3. Antenna support structures reviewed under this section shall not be located within any required building setback areas.
4. Antenna support structures and attached antennas shall not be used for the purposes of signage to display a message of any kind, except informational signs required by law.
5. Applications for antenna support structures or mounting an attached antenna upon an alternative antenna support structure shall include one or more proposals on how industry-recognized concealment techniques can be employed to mitigate the visual effects of the antenna and antenna support structure. It is expected that the structures and vegetation surrounding the proposed location will be taken into account so that appropriate site-specific concealment alternatives can be analyzed by the site plan review committee.
6. Any fencing required for security shall meet screening standards of Section 20.170.080(A)(5).
7. A Washington licensed professional engineer shall certify in writing, over his or her seal, that both construction plans and final construction of the antenna support structure or alternative antenna support structure upon which an attached antenna may be mounted are designed to reasonably withstand wind and seismic loads as established by the International Building Code.
8. All antenna support structures and attached antennas shall be removed by the facility owner within twelve months of the date it ceases to be operational, or if the facility falls into disrepair and is not maintained. Disrepair includes structural features, paint, landscaping, or general lack of maintenance which could result in safety or visual impacts.
9. An attached antenna shall not dominate the appearance of a structure.
10. Antenna support structures and attached antennas shall be located at a point farthest from lot lines as feasible.
11. The base of a ground-mounted antenna support structure shall be screened with fencing, walls, landscaping, or other means such that the view of the structure’s base is blocked as much as practicable from any street and from the yards and main living floor areas of surrounding residential properties. The screening may be located anywhere between the antennas and the above mentioned viewpoints. Landscaping that qualifies for the purpose of screening shall be maintained in a healthy condition.
B. Development Standards for Central Commercial Zone.
1. Antenna placements in this zone shall utilize alternative antenna support structures. The antenna(s) shall extend no farther than fifteen feet above the roof and shall be placed as far back from the building perimeter as is feasible.
2. New antenna support structures shall be permitted in these districts only after approval of a special exception application as provided in Section 20.170.090.
C. Height Limitations. The following height limitations apply to antenna support structures including the antennas mounted thereon:
1. Properties zoned central commercial have a maximum height of fifteen feet above the building upon which the antenna is mounted.
2. Properties zoned central commercial, other than those designated in subsection (C)(1) of this section, have a maximum height of sixty-five feet.
3. Properties zoned public reserve, as provided in Section 20.50.080, but not to exceed a maximum height of sixty-five feet.
4. Properties zoned highway commercial, light industrial/commercial, and heavy industrial, the combined antenna support structure and antennas shall not extend more than fifteen feet above the maximum building height allowed for the property in the zone for which it is proposed.
5. Properties zoned airport development and airport approach must conform to standards provided by the Federal Aviation Administration.
D. Height and Setback Limitations for Neighborhood Residential and Multifamily Residential Zones.
1. Antenna Support Structures.
a. The wireless communication facility, antenna support structure and all related structures shall be set back a distance equal to the height of the wireless communication facility from the nearest residential lot line.
b. The combined antenna support structures and attached antennas shall have a maximum height of sixty-five feet from the existing grade.
2. Alternative Antenna Support Structures.
a. Antennas placed upon an existing alternative antenna support structure shall not extend more than fifteen feet above the building upon which the antenna is mounted. This height limitation does not apply to antennas that are integrated into an existing alternative antenna support structures or antennas that are integrated into an alternative antenna support structure that is conditionally permitted under Section 20.102.030.
b. Any antenna fixed to an alternative antenna support structure shall not further encroach into the current setback of the alternative antenna support structure. (Ord. 2022-26 § 9, 2022; Ord. 2019-38 § 17 (part), 2019: Ord. 2003-3 § 14 (part), 2003).
20.170.080 Wireless communications facilities – Development standards.
A. Development Standards for all Zoning Districts. The following standards shall be applied to all wireless equipment, such as antennas and equipment shelters, exclusive of the antenna support structure. Antenna support structures are regulated by Section 20.170.070.
1. No wireless equipment reviewed under this section shall be located within any conflicting easements or required building setback areas.
2. Antennas mounted on alternative antenna support structures shall not extend more than fifteen feet above the existing or proposed roof structure.
3. No wireless equipment shall be used for the purposes of signage or message display of any kind, except informational signs required by law.
4. Location of wireless communication antennas on existing buildings shall be screened or camouflaged to the greatest practicable extent by use of shelters, compatible materials, location, color, and/or other stealth design and technology tactics to reduce visibility of the antennas as viewed from any street or residential property.
5. Screening of wireless equipment shall be provided with one or a combination of the following materials: fencing, walls, landscaping, structures, or topography which will block the view of the antennas and equipment shelter as much as practicable from any street and from the yards and main floor living areas of residential properties within approximately five hundred feet. Screening may be located anywhere between the base and the above mentioned viewpoints. Landscaping for the purposes of screening shall be maintained in a healthy condition.
6. Any fencing required for security shall meet screening standards of subsection (A)(5) of this section.
7. Construction plans and final construction of the mountings of wireless antennas and equipment shelters shall be approved by the city’s building division prior to any construction or site preparation. Applications shall document that the proposed structure and any mounting bases are designed to reasonably withstand wind and seismic loads.
8. A wireless communication facility shall be removed by the facility owner within twelve months of the date it ceases to be operational or if the facility falls into disrepair and is not maintained. Disrepair includes structural features, paint, landscaping, or general lack of maintenance which could result in safety or visual impacts.
9. The antennas shall not dominate the structure upon which they are attached and shall be visually concealed utilizing color and compatible material to camouflage the facility to the greatest extent feasible.
10. Except as otherwise provided in subsection B of this section solely in commercial and industrial zones, associated above ground equipment shelters shall be minimized and shall not exceed two hundred forty square feet (e.g., twelve feet by twenty feet) unless operators can demonstrate that more space is needed to support antenna co-location. Shelters shall be painted a color that matches existing structures or the surrounding landscape, a visual screen (see landscape standards) shall be created around the perimeter of the shelter, and operators shall consider under-grounding equipment if technically feasible or placing the equipment within existing structures.
B. Additional Development Standards in Commercial and Industrial Zones – Wireless Communication Facilities.
1. Associated above-ground equipment shelters shall not exceed two hundred forty square feet (e.g., twelve feet by twenty feet) unless operators can demonstrate that more space is needed. Operators shall consider under-grounding equipment if technically feasible or placing the equipment within an existing structure. Above-ground equipment shelters for antennas located on buildings shall be located within, on the sides or behind the buildings and screened to the fullest extent possible. Screening of exterior shelters shall provide colors and materials which blend with surrounding structures. (Ord. 2022-26 § 9, 2022; Ord. 2003-3 § 15 (part), 2003).
20.170.085 Removal of wireless communication facilities.
A. Provider to Give Notice of Abandonment or Discontinuance of Service.
1. No less than thirty days prior to the date that a wireless service provider plans to abandon or discontinue operation of a wireless communication facility or any significant component thereof, the provider must notify the city by certified U.S. mail of the proposed date of abandonment of a facility or discontinuance of operation of such facility.
2. Failure of a service provider to give such notice will constitute grounds for the city to declare the permit for the site to be suspended, thereby placing the facility in violation of Sections 20.14.095 and 20.170.030.
B. Discontinued Service or Abandonment of Site – Removal Required.
1. Any wireless communication facility which is abandoned and/or which does not provide service for at least four months in any running six-month period is declared to be in violation of its permit in that it is not meeting its conditions of approval as provided in Section 20.14.095(A).
2. A facility which is abandoned or discontinued shall be removed within ninety days of said abandonment or discontinuation of service. Any facility which is not timely removed in accordance with this subsection is declared to be a public nuisance.
C. Disrepair, Hazard, Nuisance, Improper Maintenance – Abatement Required.
1. When the city determines that a wireless communication facility or any significant component thereof is in a state of disrepair, presents a safety hazard to the public, constitutes a public nuisance due to disrepair or improper maintenance, or is otherwise not properly maintained, the city shall notify the owner of the facility of such concern by certified mail. Such notice shall specify the problems and the expected resolution.
2. By certified mail, the facility owner shall specify the actions which will be undertaken to rectify the problems with the site. The city may accept or modify the proposed actions as it determines necessary. Such actions shall be completed within sixty days of the original date of notice provided in subsection (C)(1) of this section.
3. Failure to complete work specified by the city shall constitute a violation of the permit as provided in Section 20.14.095(A).
D. Responsible Parties Determined and Responsibility Assigned.
1. The owner of the communication facility, the lessee of the property upon which the facility is located (if different from the owner of the facility), and the owner of the property (if different from the owner of the facility and/or the holder of the lease) are individually, jointly, and severally responsible for removal of the facility as described in subsection B of this section.
2. Should the responsible parties fail to remove a facility or component thereof, or resolve maintenance issues, as directed by the city pursuant to this section, the city may remove the facility at the expense of the responsible parties.
3. The city may pursue recovery of costs for its actions from any and all responsible parties through any means available in courts of competent jurisdiction. (Ord. 2022-26 § 9, 2022; Ord. 2019-38 § 17 (part), 2019: Ord. 2003-3 § 16 (part), 2003).
20.170.090 Special exceptions.
The city may allow for a special exception to the wireless communication facility development standards in this chapter, if the applicant can demonstrate that the legitimate safety or aesthetic development standards of this chapter cannot be met, thereby leaving a significant gap in coverage.
The final approval authority for granting of the special exception shall be the same as that of the permit approving the antenna location. A request for a special exception shall be processed in conjunction with the permit approving the antenna location and shall not require any additional application or fees. Special exceptions do not apply to variations from the International Building Codes.
A. Special Exception Criteria.
1. The applicant shall justify the request by showing that the special exception is needed:
a. To fill a significant gap in coverage, and
b. That its solution varies from the development standards as little as possible;
2. The city may consider pictures, photo simulations, drawings (to scale), maps and/or manufacturer’s specifications, studies, technical information, proposed materials, shape, height, color, proximity to other structures, nature of uses on adjacent and nearby properties, the surrounding topography, the surrounding tree coverage and foliage, or other materials or information, to demonstrate to the city that the special exception is necessary. The applicant has the burden of showing the lack of available and technological alternatives to comply with the city’s development standards.
B. Wireless Communication Facilities and Related Structures – Residential Zones – Special Exceptions Process Inapplicable. The special exception process does not apply and shall not be used in the placement, construction, or modification of wireless communication facilities or related structures in residential zones.
C. Antenna Support Structures – Commercial, Public Reserve, and Industrial Zones – Special Exceptions.
1. An applicant of a proposed antenna support structure that exceeds height limits shall be required to apply for a conditional use permit under provisions of Chapter 20.216. (Ord. 2022-26 § 9, 2022; Ord. 2003-3 § 17 (part), 2003).