Chapter 20.13
PERSONAL WIRELESS SERVICE FACILITIES
Sections:
20.13.020 Definitions – General.
20.13.025 Definitions – Eligible facilities requests.
20.13.030 Applicability – Exemptions.
20.13.050 Administrative approval uses.
20.13.070 Nonconforming uses and structures.
20.13.080 Prohibited locations for small and macro wireless facilities.
20.13.085 Siting priorities for small and macro wireless facilities.
20.13.090 Design and development standards for small and macro wireless facilities.
20.13.095 Concealment elements for small and macro wireless facilities.
20.13.110 Special exceptions for small and macro wireless facilities.
20.13.120 Conditions associated with siting approval.
20.13.130 General criteria for issuance of permits for small and macro wireless facilities.
20.13.140 Federal requirements.
20.13.150 Removal of antennas and support structures.
20.13.170 Project permit procedures.
20.13.010 Purpose.
The purpose of this chapter is to establish regulations for the placement, development, permitting, and removal of personal wireless service facilities including support structures and antennas. These standards were developed to comply with the federal laws and regulations relating to personal wireless service facilities (47 USC Sections 253, 332, and 1455 and 47 CFR Sections 1.6001 through 1.6100). They are intended to protect property values and minimize visual impact while furthering the development of enhanced telecommunication services in the county.
The provisions of this chapter are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting personal wireless services. This chapter shall not be applied in such a manner as to discriminate between providers of functionally equivalent personal wireless services.
Whatcom County recognizes its requirement to provide for communication services and a commitment to the health of its citizens. (Ord. 2022-069 § 1 (Exh. A), 2022; Ord. 2014-042 § 1 (Att. A), 2014; Ord. 2000-006 § 1, 2000).
20.13.020 Definitions – General.
As used in this chapter, the following terms shall have the following meanings. Additional definitions that only apply to eligible facilities requests are set forth in WCC 20.13.025. Other words and terms shall have meanings assigned to them by Chapter 20.97 WCC or, if not defined in this chapter or Chapter 20.97 WCC, the meaning customarily assigned to them.
(1) “Administrator” means the director of planning and development services or his designee.
(2) “Amateur radio” or “ham radio” means radio facilities operated for noncommercial purposes by individuals licensed by the FCC with an interest in construction and operation of radio equipment, usually as a hobby or vocation.
(3) “Ancillary equipment facility” means ancillary equipment and/or unstaffed structures used to contain ancillary equipment for a personal wireless service facility. Such structures include cabinets, shelters, remodeled structures, pedestals and other similar structures. Ancillary equipment means equipment necessary for the functioning of personal wireless service facilities, which may include but is not limited to air conditioners and backup power supplies (including emergency generators).
(4) “Antenna” means an apparatus designed for the purpose of emitting radio frequency radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission (FCC) authorization, for the provision of personal wireless service and any commingled information services.
(5) “Antenna array” means any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio frequency signals. An antenna array can be made up of one or more antennas including but not limited to the following:
(a) Directional antenna (also known as a panel antenna) which transmits signals in a directional pattern of less than 360 degrees.
(b) Omni-directional antenna (also known as a whip antenna) which transmits signals in a 360-degree pattern.
(c) Parabolic antenna (also known as a dish antenna) which is a bowl-shaped device that receives and transmits signals in a specific directional pattern (e.g., point-to-point).
(6) “Antenna equipment” means equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna.
(7) “Antenna facility” means an antenna and associated antenna equipment.
(8) “Attached wireless communication support structure” is a support structure not specifically designed and constructed to support an antenna array. Such structures may include but are not limited to buildings or structures, utility poles, signs, and water towers, together with any accompanying pole or device (attachment device) which attaches the antenna array to the existing building or structure.
(9) “Attached wireless communication facility” is a personal wireless service facility that utilizes an attached wireless communication support structure. It means the site, the leased area, attached wireless communication support structures, antennas, antenna array(s), ancillary equipment facilities, and appurtenances used to transmit, receive, distribute, provide or offer personal wireless communication, together with any accompanying pole or device (attachment device) which attaches the antenna array to the existing building or structure, transmission cables, and an ancillary equipment facility which may be located either inside or outside of the attachment structure.
(10) “Citizen band radio” means two-way radio facilities operated for short-range personal and business communications, without necessity of a federal license.
(11) “Collocation” means:
(a) Mounting or installing an antenna facility on a preexisting structure; and/or
(b) Modifying a structure for the purpose of mounting or installing an antenna facility on that structure.
The definition of “collocation” in WCC 20.13.025 applies to eligible facilities requests.
(12) “Deployment” means placement, construction, or modification of a personal wireless service facility.
(13) “Direct-to-home satellite service” means the distribution or broadcasting of programming or services by satellite directly to the subscriber’s premises without use of ground receiving or distribution equipment, except at the subscriber’s premises or in the uplink process to the satellite.
(14) “FAA” means the Federal Aviation Administration.
(15) “FCC” means the Federal Communications Commission.
(16) “Freestanding wireless communication facilities” means the site, the lease area, freestanding wireless communication support tower(s), antennas, antenna array(s), ancillary equipment facilities, and appurtenances used to transmit, receive, distribute, provide or offer personal wireless services. Freestanding wireless communication facilities include but are not limited to antennas, poles, towers, cables, wires, conduits, ducts, pedestals, vaults, buildings, and electronic switching equipment.
(17) “Freestanding wireless communication support structure” is a freestanding structure, designed and constructed to specifically support an antenna array, and may include but is not limited to any of the structures listed below:
(a) “Lattice tower” means a wireless communication support structure which consists of a network of vertical and horizontal supports and crossed metal braces, forming a tower which is usually triangular or square in cross-section.
(b) “Monopole tower” means a wireless communication support structure consisting of a single pole to support antennas and connecting appurtenances.
(c) “Guyed tower” means any variety of wireless communication support structures using wire guys connecting above grade portions of a communication support structure diagonally with the ground or the structure on which the tower is placed. The purpose of the wire guys is to provide support for wireless communication towers, antennas, and connecting appurtenances.
(18) “Macro wireless facilities” means any personal wireless service facilities that:
(a) Do not qualify as an exemption pursuant to WCC 20.13.030;
(b) Are not eligible facilities requests;
(c) Are not permitted replacement of components; and
(d) Are not small wireless facilities.
(19) “Personal wireless service facility” means an antenna facility or a structure that is used for the provision of personal wireless service, whether such service is provided on a stand-alone basis or commingled with other wireless communications services. Personal wireless service facilities include, but are not limited to, antennas, poles, towers, cables, wires, conduits, ducts, pedestals, vaults, buildings, and electronic and switching equipment.
(20) “Satellite earth station” means the facilities used for reception and processing of programming services from a satellite prior to transfer to terrestrial distribution systems or for processing of programming and services from a terrestrial source before transmission via satellite.
(21) “Site” means a leased area which may contain a base station, building(s) or structure in compliance with provisions of Whatcom County subdivision regulations, site easement area or lot of record upon which a wireless communications facility is or will be located. The definition of “site” in WCC 20.13.025 applies to eligible facilities requests.
(22) “Small wireless facilities” are facilities that meet each of the following conditions:
(a) The facilities:
(i) Are mounted on structures 50 feet or less in height including their antennas as defined in 47 CFR 1.1320(d); or
(ii) Are mounted on structures no more than 10 percent taller than other adjacent structures; or
(iii) Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater;
(b) Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 CFR 1.1320(d)), is no more than three cubic feet in volume;
(c) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume;
(d) The facilities do not require antenna structure registration under 47 CFR Part 17 (Construction, Marking, and Lighting of Antenna Structures);
(e) The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x); and
(f) The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).
(23) “Structure” means a pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or commingled with other types of services).
(24) “Unlicensed wireless services” means commercial mobile services that operate on public frequencies and do not need an FCC license.
(25) “Wireless communication service” means wireless data and telecommunications services, including commercial mobile services, commercial mobile data services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations. (Ord. 2022-069 § 1 (Exh. A), 2022; Ord. 2014-042 § 1 (Att. A), 2014; Ord. 2000-006 § 1, 2000).
20.13.025 Definitions – Eligible facilities requests.
The following definitions shall only apply to eligible facilities requests:
(1) “Base station” means a structure or equipment at a fixed location that enables FCC licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this section or any equipment associated with a tower.
(a) The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
(b) The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).
(c) The term includes any structure other than a tower that, at the time the relevant application is filed with the county for an eligible facilities request, supports or houses equipment described in subsections (1)(a) and (1)(b) of this section that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
(d) The term does not include any structure that, at the time the relevant application is filed with the county for an eligible facilities request, does not support or house equipment described in subsections (1)(a) and (1)(b) of this section.
(2) “Collocation” 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.
(3) “Eligible facilities request” means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:
(a) Collocation of new transmission equipment;
(b) Removal of transmission equipment; or
(c) Replacement of transmission equipment.
(4) “Eligible support structure” means any tower or base station as defined in this section; provided, that it is existing at the time the relevant application is filed with the county for an eligible facilities request.
(5) “Existing” means a constructed tower or base station that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process; provided, that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.
(6) “Site” means, for towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground. The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a state or local government, if the approval of the modification occurred prior to the Spectrum Act (Middle Class Tax Relief and Job Creation Act of 2012, which was signed into law on February 22, 2012) or otherwise outside of the eligible facilities request review process.
(7) “Substantially change the physical dimensions” means a modification of an eligible support structure that meets any of the following criteria:
(a) For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10 percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10 percent or more than 10 feet, whichever is greater;
(i) Changes in height are measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings’ rooftops; in other circumstances, changes in height are measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act (Middle Class Tax Relief and Job Creation Act of 2012) on February 22, 2012.
(ii) The phrase “with separation from the nearest existing antenna not to exceed 20 feet” allows an increase in the height of the tower of up to 20 feet between antennas, as measured from the top of an existing antenna to the bottom of a proposed new antenna on the top of a tower.
(b) For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;
(c) For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10 percent larger in height or overall volume than any other ground cabinets associated with the structure. The term “equipment cabinets” does not include relatively small electronic components, such as remote radio units, radio transceivers, amplifiers, or other devices mounted on the structure, and up to four such cabinets may be added to an existing facility for each separate eligible facilities request;
(d) It entails any excavation or deployment outside of the current site, except that, for towers other than towers in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site;
(e) It would defeat the concealment elements of the eligible support structure. The term “concealment element” means an element that is part of a stealth-designed facility intended to make a structure look like something other than a wireless facility, and that was part of a prior approval. Examples of concealment elements include painting to match the supporting facade and making the structure look like a tree or flag pole. To “defeat” a concealment element, a proposed modification must cause a reasonable person to view a structure’s intended stealth design as no longer effective; or
(f) It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in subsections (7)(a) through (7)(d) of this section. The phrase “conditions associated with the siting approval” may include aesthetic conditions to minimize the visual impact of a wireless facility as long as the condition does not prevent modifications explicitly allowed under subsections (7)(a) through (7)(d) of this section (height, width, equipment cabinets, and excavations or deployments outside the current site) and so long as there is express evidence that at the time of approval the locality required the feature and conditioned approval upon its continuing existence. Examples of aesthetic conditions include requiring a specific placement, requiring a shroud, requiring walls or fences, setbacks, location behind a tree line, and landscaping.
(8) “Tower” means any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.
(9) “Transmission equipment” means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. (Ord. 2022-069 § 1 (Exh. A), 2022).
20.13.030 Applicability – Exemptions.
The requirements of this chapter shall apply to all new personal wireless service facilities and the expansion and/or alteration of any existing personal wireless service facilities, except that the following are exempt from the provisions of this chapter:
(1) Satellite earth stations using antenna(s) not more than two meters in diameter in commercial and industrial districts and direct-to-home satellite services.
(2) Send and receive citizen band radio antennas or antennas operated by federally licensed amateur (“ham”) radio operators.
(3) Industrial, scientific and medical equipment using frequencies regulated by the FCC.
(4) Electronic communications structures and telecommunication towers including associated maintenance and operations structures that do not qualify as “personal wireless service facilities” and, therefore, are regulated under Chapter 20.82 WCC.
(5) Military and federal, state and local government communications facilities used for emergency preparedness and public safety purposes, which are regulated under Chapter 20.82 WCC.
(6) Normal, routine and emergency maintenance and repair of existing personal wireless service facilities and related equipment which do not increase the size, footprint or bulk of such facilities and which otherwise comply with the county, state, and federal law and regulations; provided, that compliance with design and development standards of this chapter is maintained.
(7) Personal wireless service facilities in the county right-of-way; provided, that the applicant obtains other necessary county authorizations (e.g., revocable encroachment permit and/or franchise agreement).
(8) Personal wireless service facilities in the state right-of-way; provided, that the applicant obtains necessary state authorizations. (Ord. 2022-069 § 1 (Exh. A), 2022; Ord. 2014-042 § 1 (Att. A), 2014; Ord. 2000-006 § 1, 2000).
20.13.040 Permitted uses.
.041 Eligible facilities requests.
.042 Collocation of small wireless facilities using existing structures.
.043 Replacement of any component of an existing personal wireless service facility and/or replacement of any component of an existing ancillary equipment facility on existing, approved and conforming sites that does not increase the physical dimensions of the components being replaced. (Ord. 2022-069 § 1 (Exh. A), 2022; Ord. 2017-030 § 1 (Exh. N), 2017; Ord. 2014-042 § 1 (Att. A), 2014).
20.13.050 Administrative approval uses.
.051 Small wireless facilities on a new structure.
.052 Collocation of macro wireless facilities using an existing structure.
.053 New ancillary equipment facilities that:
(1) Do not qualify as eligible facilities requests;
(2) Do not qualify as small wireless facilities; and
(3) Are not part of a macro wireless facility using a new structure. (Ord. 2022-069 § 1 (Exh. A), 2022; Ord. 2018-032 § 1 (Exh. D), 2018; Ord. 2014-042 § 1 (Att. A), 2014).
20.13.060 Conditional uses.
.061 Macro wireless facilities using a new structure, including associated ancillary equipment facilities. (Ord. 2022-069 § 1 (Exh. A), 2022; Ord. 2018-032 § 1 (Exh. D), 2018; Ord. 2014-042 § 1 (Att. A), 2014).
20.13.070 Nonconforming uses and structures.
Expansion of nonconforming personal wireless service facilities shall be treated as follows:
(1) Eligible facilities requests are permitted uses that are required to comply with this chapter, but shall not be subject to WCC 20.83.020.
(2) Collocation of small wireless facilities using existing structures are permitted uses that are required to comply with this chapter, but shall not be subject to WCC 20.83.020.
(3) Collocation of macro wireless facilities using existing structures, including associated ancillary equipment facilities, are administrative approval uses that are required to comply with this chapter, but shall not be subject to WCC 20.83.020.
(4) Other expansions shall be subject to WCC 20.83.020. (Ord. 2022-069 § 1 (Exh. A), 2022; Ord. 2014-042 § 1 (Att. A), 2014; Ord. 2000-006 § 1, 2000. Formerly 20.13.040).
20.13.080 Prohibited locations for small and macro wireless facilities.
(1) New attached antennas or antenna arrays shall not be mounted, installed or affixed to a single-family residence, duplex or their accessory structures; this prohibition shall not apply to residential structures such as multifamily housing, condominiums, apartment buildings, hotels, rooming houses, and their appurtenant structures, such as parking garages, and storage buildings.
(2) New freestanding wireless communication support structures (lattice towers) are prohibited in Urban Residential, Urban Residential Medium, Urban Residential Mixed, Neighborhood Commercial, and Eliza Island districts.
(3) New freestanding wireless communication support structures (monopole towers and ground level dishes) are prohibited in Urban Residential, Urban Residential Medium, Urban Residential Mixed, Neighborhood Commercial, and Eliza Island districts on sites that also contain residential uses.
(4) New support structures are prohibited on lands within the jurisdiction of the Whatcom County Shoreline Program. (Ord. 2022-069 § 1 (Exh. A), 2022; Ord. 2014-042 § 1 (Att. A), 2014; Ord. 2011-013 § 2 Exh. B, 2011; Ord. 2000-006 § 1, 2000. Formerly 20.13.050(4)).
20.13.085 Siting priorities for small and macro wireless facilities.
(1) In reviewing applications for new freestanding wireless communication facilities, and new attached wireless communication facilities, the approving authority shall evaluate the proposal in relationship to the following siting priorities. Unless the facility will be located at the highest priority location, the applicant shall demonstrate that:
(a) None of the higher priority locations are available; or
(b) If one is available it is not a feasible location for the proposed facility, based upon a feasibility study demonstrating that higher priority locations have been explored and are not feasible or available; or
(c) If feasible, the location is less desirable than the one proposed from the standpoint of minimizing impacts on surrounding land uses.
(2) For the purpose of this chapter:
(a) Residential related districts include Urban Residential (UR), Urban Residential Medium (URM), Urban Residential Mixed (UR-MX), Eliza Island (EI), Neighborhood Commercial (NC), Residential Rural (RR), Rural Residential Island (RR-I), and Rural (R) Districts;
(b) Nonresidential related districts include:
(i) Commercial districts, including Rural General Commercial (RGC), Small Town Commercial (STC), General Commercial (GC), Resort Commercial (RC) and Tourist Commercial (TC) Districts; and
(ii) Industrial districts including Heavy Impact Industrial (HII), Light Impact Industrial (LII), Rural Industrial and Manufacturing (RIM), General Manufacturing (GM), and Airport Operations (AO); and
(iii) Resource districts including Agriculture (AG), Commercial Forestry (CF), Rural Forestry (RF) and Recreation Open Space (ROS).
(3) Siting Priorities. Listed in descending order with the highest priority first:
(a) Collocated antennas on attached wireless communication support structures that are nonresidential buildings and structures, and collocated antennas on existing freestanding wireless communications towers in nonresidential related districts.
(b) Collocated antennas on attached wireless communication support structures that are nonresidential buildings and structures, and collocated antennas on existing freestanding wireless communications towers in residential related districts on property not used exclusively for residential purposes.
(c) New freestanding wireless communication support structures in low visual impact locations in resource and industrial districts.
(d) New attached wireless communication facilities that utilize nonresidential buildings and structures in residential related zones on property not used exclusively for residential purposes.
(e) New freestanding wireless communication support structures at low visual impact locations in commercial districts.
(f) Locations other than those listed above. (Ord. 2022-069 § 1 (Exh. A), 2022; Ord. 2020-045 § 1 Exh. A, 2020; Ord. 2014-042 § 1 (Att. A), 2014; Ord. 2011-013 § 2 Exh. B, 2011; Ord. 2000-006 § 1, 2000. Formerly 20.13.050(1) – (3)).
20.13.090 Design and development standards for small and macro wireless facilities.
.091 Design and Development Standards. These development standards are minimum standards and shall be in addition to any development standards in the underlying district in which a personal wireless service facility is located. In the event of a conflict between the provisions of this chapter and the general development standards of this title the more stringent provision shall govern; provided, that where a provision of this chapter is the more specific in its application to personal wireless service facilities, that provision shall prevail regardless of stringency.
(1) Anti-Climbing Devices. All freestanding and attached wireless communication support structures shall be equipped with appropriate anti-climbing devices.
(2) Attachment to Trees Prohibited. It is prohibited to attach any personal wireless service facility or portion thereof to any tree.
(3) Signage. All freestanding and attached wireless communication support structures shall be identified with a nonilluminated sign not exceeding four square feet. The sign shall list the wireless service provider’s name and emergency telephone number and shall be posted in a place visible to the general public. Safety signs required by applicable laws and regulations are also permitted. No other signs shall be located on support structures or antennas.
(4) Lighting. All freestanding and attached wireless communication facilities shall not be illuminated except where required by the FAA.
(5) Painting. All freestanding and attached wireless communication facilities shall be painted or finished in a manner that blends with the dominant color of the background except where otherwise required by the FAA. The applicant and the operator of the facility shall have a continuing duty to maintain such paint or finish.
(6) Copies of deeds or other instruments such as lease agreements and site easements that establish the applicant’s right to use the site shall be provided at the time of application. These may be in unsigned final draft form pending the outcome of the approval process. The boundaries of a proposed personal wireless service facility site shall be defined in each such instrument in a manner that will provide a land surveyor sufficient information to accurately locate the site boundaries using standard survey methods. The applicant may redact proprietary information or lease terms that are not relevant to establishing the applicant’s right to use the site or defining the site boundaries.
(7) If the proposed site is leased, the terms of the lease shall not restrict the land owner in any way from leasing other areas of his property to other wireless communications providers with the exception that the lease may include a provision that any additional facilities so located not materially interfere with the operation of the existing facility.
(8) Antennas that are mounted, installed or affixed to an attached wireless communication support structure shall be designed or placed to blend with the predominant background or architectural features as seen from abutting residential uses, roadways or other public rights-of-way.
(9) When located on buildings, panel antennas shall be placed closely against walls or parapets and not extend above the wall or parapet unless an alternative design is required to (a) achieve better compatibility with the building design or (b) to obtain antenna function. In the alternative, antennas may be placed on an attached wireless communication support structure if designed with concealment elements, screened or otherwise obscured from view in a manner compatible with the structure’s design. Such antennas shall not extend more than 10 feet above the top of the structure.
(10) Ancillary equipment facility structures shall be placed underground or wholly enclosed in an existing structure or building, or designed to blend into the architecture and landscaping of the surrounding buildings or structures. When equipment boxes are placed at ground level, they shall be screened from view.
(11) Ground-mounted dishes shall be located outside any required landscaped area and preferably located in service areas or other less visible locations. They shall be solidly screened to at least as high as the center of the dish when viewed from off the site. Solid screening shall be provided as high as the top of the dish on sides adjacent to residential zones.
Roof-mounted dishes shall be solidly screened at least as high as the center of the dish. The screening shall be of a material and design compatible with the building, and can include penthouse screening, parapet walls, or other similar screening. The dish should be placed as close to the center of the roof as possible.
(12) Setbacks Applicable. The following setback standards shall apply to personal wireless service facilities:
(a) Ancillary equipment facilities shall comply with the setback requirements in the underlying district or be located in a legally established existing structure.
(b) An antenna and its attachment device attached to a building or other permanent structures shall comply with the setback requirements in the underlying district. Where the setback requirement in the underlying zone is based on the height of the structure, the height used to compute the setback for the antenna array shall be the height of the structure plus the additional height that will be added by the antenna array and its attachment device.
(c) Freestanding wireless communication support structures located in a residential related district as described in WCC 20.13.085 shall be set back from any property line by a distance equal to the height of the wireless communications support structure or the setback of the underlying use district, whichever is greater, plus 30 feet.
(d) Freestanding wireless communication support structures located in other than residential related districts shall be set back from any property line abutting or adjacent to a residential related district a distance equal to the height of the wireless communications support structure or the setback of the underlying use district, whichever is greater, plus 30 feet.
(e) Regardless of the district, freestanding wireless communication support structures shall be set back from dwellings not on the same legal lot a distance equal to the height of the freestanding wireless communication support structure or the setback of the underlying use district, whichever is greater, plus 30 feet.
(f) Setbacks for freestanding wireless communication support structures shall be measured from the ground level base of the structure.
(g) The setback requirements for freestanding and attached wireless communication facilities under this chapter may be reduced by the approving authority subject to the satisfaction of the special exception criteria in WCC 20.13.110.
(13) In the event that a new freestanding or attached wireless communication facility is proposed on land zoned agriculture or in an agriculture overlay zone and the land is otherwise suitable for agricultural use, the facility shall be located and maintained so as not to interfere with current agricultural activities or the potential future use of the site for agricultural activities.
(14) Screening Standards. Freestanding and attached wireless communication facilities shall be subject to the following standards for visual screening:
(a) The perimeter of the wireless communication support structure and any guyed wires and anchors shall be enclosed by a fence or wall at least six feet in height. A row of evergreen shrubs, spaced not more than five feet apart and capable of growing to form a continuous hedge at least five feet high within five years of planting, and at least one row of evergreen trees or shrubs spaced not more than 10 feet apart nor less than six feet high when planted shall be installed outside and adjacent to the fence.
(b) Landscape material used for screening should be selected and sited to produce a hardy and drought-resistant landscape area. Native plant materials are preferred.
(c) Maintenance of landscaped areas shall be the responsibility of the applicant and/or operator of the facility. Required landscaping must be maintained in a healthy manner. Trees and shrubs that die must be replaced with healthy in-kind materials such that during the life of the facility the landscaping continues to satisfy the requirements of the permit. Temporary irrigation shall be provided to help ensure survival during the plant establishment period. If the approving authority determined that existing vegetation provided adequate screening without the need for additional landscaping, then no action shall be taken by the applicant or his assigns or successors that would diminish its effectiveness in screening the site. In the event that natural vegetation is removed to the extent that the area required to be screened is made more visible, the operator of the facility shall prepare a revegetation plan and submit the plan to the administrator for review and approval. Upon approval, the operator shall implement the plan.
(d) The administrator or the hearing examiner as appropriate may approve any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping. Either, as appropriate, may waive the requirement for the installation of screening for those sides of the facility that are naturally screened so as not to be visible from public streets or adjoining properties.
(e) Existing vegetation shall be preserved to the maximum extent practicable.
(f) When landscaping is required to be installed, a security shall be provided consistent with WCC 22.05.134 (Security mechanisms).
(15) General Height Standards. The following standards shall apply to wireless communications facilities:
(a) The height of a freestanding or attached wireless communication facility shall be measured to include the support structure and any antennas proposed to be attached to the structure at the time of application; provided, that a lightning rod, not to exceed 10 feet, or FAA required lighting shall not be included in the height measurement.
(b) The height limit on a freestanding wireless communications facility shall be the minimum height necessary for the facility to function satisfactorily provided the height does not exceed height restriction imposed elsewhere in this chapter. The applicant shall provide technical documentation that the height proposed is the minimum necessary. As provided in WCC 20.13.160, the administrator or the hearing examiner may require a third party review of this information.
(c) The height of antennas mounted or installed on an attached wireless communication support structure may exceed the height limit of the underlying zone; provided, that the height does not exceed height restrictions imposed elsewhere in this chapter.
(16) Parking. Each freestanding and attached wireless communication support structure shall be provided with at least one adjacent parking space or more if needed to accommodate staff. All unstaffed facilities shall have access to parking for maintenance personnel; however, such parking may be shared or public parking at the discretion of the county. Staffed facilities shall require one parking space per staff member.
(17) Building and Utility Permits. Approval of a permit pursuant to this chapter does not exempt or otherwise remove any requirements for obtaining building permits and other applicable construction, development or operation related permits, licenses or approvals for the project. It shall be the permittee’s responsibility to secure all other necessary permits and approvals prior to beginning work on the installation of the facility. (Ord. 2024-046 § 1 (Exh. A), 2024; Ord. 2023-018 § 1 (Exh. A), 2023; Ord. 2022-069 § 1 (Exh. A), 2022; Ord. 2014-042 § 1 (Att. A), 2014; Ord. 2000-006 § 1, 2000. Formerly 20.13.060).
20.13.095 Concealment elements for small and macro wireless facilities.
Small wireless facilities and macro wireless facilities may be designed with concealment elements. The term “concealment element” means an element that is part of a stealth-designed facility intended to make a structure look like something other than a wireless facility, and is part of the eligible support structure approval. Examples of concealment elements include painting to match the supporting facade and making the structure look like a native tree or flag pole. (Ord. 2022-069 § 1 (Exh. A), 2022).
20.13.100 Temporary uses.
Freestanding or attached wireless communication facilities may be permitted as a temporary use with review by the administrator in order to facilitate continuity in personal wireless service during repair or maintenance of existing personal wireless service facilities, when a supporting structure and site are being redeveloped, or prior to completion of construction of new personal wireless service facilities. Temporary uses shall operate for not more than six months commencing when transmission from such facility begins; provided, that the administrator may approve additional extensions if the applicant demonstrates that substantial progress has been made on the repair, maintenance, redevelopment, or new construction. Additional extension requests must be submitted before the end of any extension period. Temporary uses shall not be authorized for more than a cumulative total of 24 months. The personal wireless service facility(ies) shall be removed within 30 days after the facility is no longer needed for telecommunications purposes. (Ord. 2022-069 § 1 (Exh. A), 2022; Ord. 2014-042 § 1 (Att. A), 2014; Ord. 2000-006 § 1, 2000. Formerly 20.13.090).
20.13.105 Noise requirements.
(1) Personal wireless service facilities shall comply with state noise level standards under Chapter 173-60 WAC, as amended.
(2) Generator use is only permitted as a backup power supply for emergency operation purposes or other times when the regular power supply is not available. If generators, air conditioning or other noise generating equipment is proposed, the applicant shall provide information detailing the expected noise level and any proposed abatement measures. This may require noise attenuation devices or other mitigation measures to minimize impacts. (Ord. 2022-069 § 1 (Exh. A), 2022).
20.13.110 Special exceptions for small and macro wireless facilities.
When adherence to the requirements of this chapter would prohibit, have the effect of prohibiting or materially inhibit personal wireless service, including but not limited to resulting in a physical barrier which would block signal reception or transmission or preventing effective communication in all permissible locations, a special exception may be permitted provided criteria outlined below are met. Exceptions do not apply to variations from WCC Title 15, Buildings and Construction. A variance pursuant to WCC 22.05.024 is required for variations from applicable zoning regulations not contained in this chapter.
The approval authority for granting of the special exception shall be the same as that of the authority authorized to approve the permit for the personal wireless service facilities. A request for a special exception shall be processed in conjunction with the permit approving the antenna location.
(1) Special Exception Criteria.
(a) The applicant shall justify the request for a special exception by documenting and providing evidence that the full application of a particular standard or standards of this chapter would prohibit, have the effect of prohibiting or materially inhibit personal wireless service, including but not limited to resulting in an obstruction or inability to send and receive a communication signal from the proposed location of the facility and, further, that the obstruction or inability to send or receive a signal from that location is the result of factors beyond the property owner’s or applicant’s control. Pictures, scaled drawings, maps and/or manufacturer’s specifications, and other technical information as necessary should be provided to substantiate the need for the special exception.
(b) The applicant for a special exception shall demonstrate that the proposed materials, shape, and color of the proposed personal wireless service facilities will minimize negative visual impacts on adjacent or nearby residential uses to the greatest extent possible. The use of certain materials, shapes and colors may be required in order to minimize visual impacts.
(c) Any request for a special exception to heights for new antennas that are proposed to be mounted or installed on an attached wireless communication support structure shall be reviewed relative to height limitations set for structures in the underlying zone district in which the antenna is to be located.
(d) Requests for special exceptions for setback reductions shall also be evaluated based on the following criteria:
(i) The extent to which screening and camouflaging is existing or will be employed to mitigate the effects of the structure versus the effectiveness of the setback in providing such screening.
(ii) The need for the setback reduction to facilitate a location or design that better satisfies the criteria of this chapter.
(iii) The impact on adjacent properties.
(e) A special exception for small wireless facilities shall not be granted that would alter the dimensional, bulk, numerical, or other criteria in the definition of small wireless facilities in WCC 20.13.020. (Ord. 2022-069 § 1 (Exh. A), 2022; Ord. 2014-042 § 1 (Att. A), 2014; Ord. 2013-057 § 1 (Exh. A), 2013; Ord. 2000-006 § 1, 2000).
20.13.120 Conditions associated with siting approval.
The county may impose conditions associated with any permit for a personal wireless service facility in accordance with the WCC. Conditions may require that all activity on site shall be done in accordance with the site plan approved by the county and that any alterations from the approved site plan will require further review by Whatcom County planning and development services and/or the hearing examiner. Conditions must be incorporated into the permit in writing. Subsequent eligible facilities requests must comply with conditions associated with permits for construction or modification of the eligible support structure or base station equipment, except as set forth in WCC 20.13.025(3) and (7). (Ord. 2022-069 § 1 (Exh. A), 2022).*
*Prior legislative history: (Ord. 2017-030 § 1 (Exh. M), 2017; Ord. 2014-042 § 1 (Att. A), 2014; Ord. 2000-006 § 1, 2000).
20.13.130 General criteria for issuance of permits for small and macro wireless facilities.
(1) Any applicant for a land use permit (other than a building permit) proposing to install an antenna support structure or mount an antenna on an existing structure shall demonstrate by engineering evidence that the height requested is the minimum height necessary to fulfill the site’s function within the wireless service provider’s system.
(2) The authority granting the permit shall find that, unless the facility will be located at the highest priority location as set forth in WCC 20.13.085, the applicant has demonstrated that none of the higher priority locations are available or if one is available it is not a feasible location for the proposed facility, or if feasible is less desirable than the one proposed from the standpoint of minimizing impacts on surrounding land uses.
(3) The applicant shall submit documentation that the personal wireless service facilities comply with applicable FCC regulations concerning radio frequency emissions.
(4) Performance Security. The operator of the facility shall obtain and keep in force throughout the time the facility is located on the site a performance security consistent with WCC 22.05.134 (Security mechanisms). The security is intended to cover the costs of removal of such facility at such time as the facility may be required to be removed pursuant to WCC 20.13.150. (Ord. 2023-018 § 1 (Exh. A), 2023; Ord. 2022-069 § 1 (Exh. A), 2022; Ord. 2014-042 § 1 (Att. A), 2014; Ord. 2000-006 § 1, 2000).
20.13.140 Federal requirements.
All wireless communications support structures must meet or exceed applicable current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate wireless communication support structures and antennas. Any tower construction or modification that penetrates FAR Part 77 requires an FAA approval/determination to be submitted with the application for any Whatcom County permit. If such standards and regulations are changed, owners of the freestanding or attached wireless communication support structure, antennas, and electronic equipment governed by this chapter shall bring such facility into compliance with such revised standards and regulations if required by the federal agency. Failure to bring such facilities into compliance with such revised standards and regulations shall constitute grounds for the removal of the facility at the owner’s expense. (Ord. 2024-046 § 1 (Exh. A), 2024; Ord. 2022-069 § 1 (Exh. A), 2022; Ord. 2014-042 § 1 (Att. A), 2014; Ord. 2000-006 § 1, 2000).
20.13.150 Removal of antennas and support structures.
No less than 30 days prior to the date that a personal wireless service provider plans to abandon or discontinue operation of a facility, the provider must notify the Whatcom County planning and development services director by certified U.S. mail of the proposed date of abandonment or discontinuation of operation. The owner of the facility shall then remove the antenna within 90 days of discontinuation or abandonment unless an additional period of time is authorized by the county. In any case, if the county finds that any wireless communication support structure has not operated for a continuous period of six months, the owner or lessee of the property shall remove the facility within 36 months of receipt of notice to remove from the county. If the abandoned facility is not removed within said time period, the county may remove the antenna or wireless communication support structure at the owner’s expense. If there are two or more wireless communications providers on a single wireless communication support structure, this provision shall not become effective until all providers cease using the wireless communication support structure. (Ord. 2022-069 § 1 (Exh. A), 2022; Ord. 2014-042 § 1 (Att. A), 2014; Ord. 2000-006 § 1, 2000).
20.13.160 Third party review.
Personal wireless service providers use various methodologies and analyses to determine the specific technical parameters of their services, such as expected coverage area, antenna configuration, topographic constraints that affect signal paths, etc. Because of the technical nature of methodologies and analyses, the county may find it necessary to require a third party technical review of the material submitted by the applicant as part of a permitting process. The expert review is intended to address public safety issues and be a site-specific review of technical aspects of the facilities or a review of the provider’s methodology and equipment used and not a subjective review of the site which was selected by a provider. Based on the results of the expert review, the county may require changes to the provider’s application. The expert review shall address the following:
(1) The accuracy of submissions;
(2) The applicability of analysis techniques and methodologies;
(3) The validity of conclusions reached; and
(4) Any specific technical issues designated by the county.
In general, and if necessary, the administrator shall consider requiring a third party review of technical information submitted in support of a special exception, and technical information submitted in support of a personal wireless service facility proposed at a low priority, high visual impact location.
The selection of a third party expert shall be by mutual agreement between the provider and the county. The cost of the technical review shall be borne by the applicant. (Ord. 2022-069 § 1 (Exh. A), 2022; Ord. 2014-042 § 1 (Att. A), 2014; Ord. 2000-006 § 1, 2000).
20.13.170 Project permit procedures.
Project permit procedures including application procedures, permit review time frames, deemed granted provisions (for eligible facilities requests), and appeals are contained in Chapter 22.05 WCC. Any decision to deny an application shall be in writing, supported by substantial evidence contained in a written record. (Ord. 2022-069 § 1 (Exh. A), 2022).*
*Prior legislative history: (Ord. 2018-032 § 1 (Exh. D), 2018; Ord. 2014-042 § 1 (Att. A), 2014; Ord. 2000-006 § 1, 2000).