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HomeMy WebLinkAboutOrdinances - 2019-11 - Amending section 17.43.020 and sections 17.70.80 through 17.70.100 of the East Wenatchee Municipal regulating the acceptance of applications for use permits, wireless telecommunications facility permits - 5/15/2019City of East Wenatchee Ordinance 2019-11 Page 1 of 7 City of East Wenatchee, Washington Ordinance No. 2019-11 An Ordinance of the City of East Wenatchee amending section 17.43.020 and sections 17.70.80 through 17.70.100 of the East Wenatchee Municipal regulating the acceptance of applications for use permits, wireless telecommunications facility permits, building permits, right of way use authorizations and franchises for wireless communication facilities within the Light Commercial Zoning District (C-L), containing a severability clause, and establishing an effective date. Una Ordenanza de la Ciudad de East Wenatchee que modifica la sección 17.43.020 y las secciones 17.70.80 a 17.70.100 del East Wenatchee Municipal que regula la aceptación de solicitudes de permisos de uso, permisos de instalaciones de telecomunicaciones inalámbricas, permisos de construcción, autorizaciones de derecho de paso y franquicias para instalaciones de comunicación inalámbrica dentro del Light Commercial Zoning District (CL), que contienen una cláusula de separación y establecen una fecha efectiva. 1. Alternate format. 1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al alternatformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@east-wenatchee.com, at (509) 884-9515, or at 711 (TTY). 2. Recitals. 2.1. The City of East Wenatchee (“City”) is a non-charter code city, duly incorporated and operating under the laws of the State of Washington. 2.2. The Telecommunications Act of 1996 (Public Law No. 104-104, 110 Stat. 56, 31-136 (the "Act"), was designed to remove regulatory barriers and encourage competition among all types of communications companies. 2.3. The Act ratified the authority of local government to regulate the construction and modification of wireless communications service facilities, but also limits local governments' authority in certain respects. 2.4. The City, on November 12, 2002 through the adoption of Ordinance No. 2002-22, added Chapter 17.70 of the East Wenatchee Municipal Code (“EWMC”) establishing standards applicable to wireless communication facilities. City of East Wenatchee Ordinance 2019-11 Page 2 of 7 2.5. In 2012, Congress passed the “Middle Class Tax Relief and Job Creation Act of 2012” (the “Spectrum Act”) (Public Law No. 112-96; codified at 47 U.S.C. § 1455(a)), which in part, amended the Act. 2.6. Recent changes to federal laws, regulations and court cases related to wireless communication services as well as technological developments and changes in consumer demand and usage have reshaped the wireless industry and increased the demand for and complexity of siting wireless facilities within the City. 2.7. A comprehensive review of City’s telecommunications standards has not occurred since 2002. The City Council has determined that the EWMC currently lacks adequate provisions to regulate wireless communication facilities within the City in compliance with current federal laws and technologies. 2.8. The City needs to review its codes and ordinances related to wireless communications facilities and right of way use permits in a comprehensive manner to determine if amendments are necessary to more adequately address the siting and permitting process for such facilities. 2.9. On January 10, 2017, the City Council adopted Ordinance 2017-03 enacting a six-month moratorium on the acceptance of applications for use permits, wireless telecommunications facility permits, building permits, right of way use authorizations and franchises for wireless communication facilities within the City to allow time for this review. 2.10. On February 28, 2017, the City Council adopted Ordinance 2017-05, repealing and replacing the earlier moratorium so that it would only apply to applications for new facilities to allow existing facilities to be upgraded, if needed, during the moratorium. 2.11. On September 12, 2017, the City Council adopted Ordinance 2017-16 extending the moratorium for an additional six-month period. 2.12. On February 27, 2018, the City Council adopted Ordinance 2018-04 extending the moratorium for an additional six-month period. 2.13. The City Planning Commission held five study sessions to work on draft amendments to the regulations for wireless telecommunications facilities. At the June 19, 2018 study session, concern was expressed that the final draft did not adequately address facilities in all commercial and residential zoning districts. It was recommended that the existing code by amended on an interim basis to address several outstanding issues and specifically small cell facilities, stealth design, and allowing WCF in the Light Commercial Zoning District. City of East Wenatchee Ordinance 2019-11 Page 3 of 7 2.14. The City Planning Commission held a duly advertised public hearing on August 7, 2018. The Planning Commission recommended that the interim regulations be adopted by the City Council. 2.15. On August 8, 2018, the City Council adopted Ordinance 2018-13 enacting interim regulations. 2.16. On August 28, 2018, the City Council held a public hearing to adopt the findings and conclusions justifying the adoption of the interim regulations in Ordinance 2018-13. 2.17. In September 2018, Federal Communications Commission issued a Declaratory Ruling and Third Report and Order WT Docket No. 17-79; WC Docket No. 17-84 for Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment. The ruling became effective on January 14, 2019. 2.18. On February 5, 2019, the City Council adopted Ordinance 2019-03 repealing Ordinance 2018-13, establishing revised interim regulations for an 8-month period and adopting a Work Plan. 2.19. Included in the Interim Regulations are code amendments that would permit wireless communication facilities in the Light Commercial Zoning District (C-L). 2.20. The C-L Zoning District is only found in unincorporated Douglas County within the East Wenatchee Urban Growth Area. 2.21. Douglas County has not adopted the Interim Regulations. To permit wireless communication facilities within the C-L Zoning District, it is necessary to expedite those code changes as a separate action. 2.22. On April 30, 2019, the East Wenatchee Planning Commission held an open-record public hearing and voted unanimously (6-0) to recommend that the City Council adopt the proposed code amendments. 3. Authority. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City 4. Purpose. The purpose of this amendment to the official zoning control is to allow the wireless communications facility providers to establish such facilities within the C-L Zoning District THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: 5. Amendment 1. The City Council amends section 17.43.020 of the East Wenatchee City of East Wenatchee Ordinance 2019-11 Page 4 of 7 Municipal Code as set forth in Exhibit A to this Ordinance. 6. Amendment 2. The City Council amends section 17.70.080 of the East Wenatchee Municipal Code as set forth in Exhibit B to this Ordinance. 7. Amendment 3. The City Council amends section 17.70.090 of the East Wenatchee Municipal Code as set forth in Exhibit C to this Ordinance. 8. Amendment 4. The City Council amends section 17.70.100 of the East Wenatchee Municipal Code as set forth in Exhibit D to this Ordinance. 9. Findings of Fact and Conclusions of Law. The City Council adopts the Recitals stated above as well as the findings of fact and conclusion of law as set forth below. 9.1. FINDINGS OF FACT 9.1.1. The propose amendments to EWMC 17.43.020 and specific sections of Chapter 17.70 to permit wireless communication facilities in the Light Commercial Zoning District (C-L). 9.1.2. The U. S. Congress adopted the Telecommunications Act of 1996 (hereinafter the "Act") to encourage the development of high-technology communication systems through increased competition among communication companies. The Act provides for the removal of regulatory barriers, rate deregulation and relaxation of certain anti-trust provisions in an attempt to achieve this goal. 9.1.3. The proposed amendments are the first phase of City Code amendments regarding wireless communication facilities. 9.1.4. The City's regulation of wireless communications towers and facilities in the City will not have the effect of prohibiting any person from providing wireless communications services in violation of the Act. 9.1.5. Deployment of new wireless telecommunication networks could have dramatic impacts on land use patterns, aesthetics, and the public health, safety, and welfare due to the number of new wireless facilities and service providers in the region. 9.1.6. The Greater East Wenatchee Area Comprehensive Plan (2018) reflects the community’s preferred future and contains goals and policies pertaining to the provision of utilities and specifically wireless communication facilities. The plan recommends that the City adopt regulations that are flexible and receptive to innovations and advances in the industry and regulate the placement of telecommunication facilities while preserving and protecting the interests of the community and minimizing visual impacts by encouraging low visibility technology. City of East Wenatchee Ordinance 2019-11 Page 5 of 7 9.1.7. The City finds that the periodic update of standards and siting criteria for wireless communication facilities is necessary for the protection of the public health, safety, and property rights. 9.1.8. Advertisement of the Planning Commission’s public hearing was published in the Wenatchee World on April 19, 2019 and posted on the City’s web site. 9.1.9. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated by this reference. 9.1.10. The East Wenatchee Planning Commission held a duly advertised open-record public hearing on May 30, 2019. 9.1.11. The proposal was submitted to Commerce on April 17, 2019, requesting expedited review. 9.1.12. An Environmental Checklist was prepared on April 19, 2019. A threshold determination and environmental review pursuant to RCW 43.21C the State Environmental Policy Act was completed, and a Determination of Non-significance was issued on April 19, 2019. 9.2. CONCLUSIONS 9.2.1. The proposal is consistent with and implements policies in the Greater East Wenatchee Area Comprehensive Plan. 9.2.2. The proposed standards are consistent with the limitations on local government control of wireless communication facilities as within the Telecommunications Act of 1996. 9.2.3. Approval of the proposal will not be detrimental to the public health, safety, and general welfare. 9.2.4. Proper legal requirements of RCW 36.70A.106 and Title 19 EWMC were met and the community and state agencies were given the opportunity to comment on the proposal at duly noticed public workshops and a public hearing. 9.2.5. It is the determination of the lead agency that no more than a moderate effect on the environment is a reasonable probability as a result of the proposed action. The proper exercise of the threshold determination process as required by WAC 197-11 is than an environmental impact statement is not required to be prepared for this project. 9.2.6. The proposed amendments have been processed in a manner consistent with the requirements of the Revised Code of Washington and Exhibits A-D East Wenatchee Municipal Code Amendment - Wireless Communication Facilities (4/12/2019) Page 1 Exhibit A Amendment 1. The City Council amends EWMC 17.43.020 to read as follows. 17.43.020 Permitted uses. Hereafter all buildings, structures or parcels of land shall only be used for the following, unless otherwise provided for in this title: A. Arcades for games; B. Art, music and photography studios; C. Automobile parking facilities; D. Automobile sales and leasing, new and/or used, including light pickup trucks and vans but not including recreational vehicles or heavy trucks, provided the following requirements are met: 1. The business shall be located on an arterial; 2. No repairing, painting or body work shall be conducted outside of a building and no parts storage or inoperable vehicles may be stored outside of a building; 3. If abutting a residential zone, a Type 1 screening shall be required meeting the requirements of EWMC 17.72.080(A) along all property lines abutting a residential zoning district; 4. A minimum of a 25-foot setback shall be required of any building abutting any residential zone; 5. Other landscaping or architectural improvements may be required to ensure compatibility with present and potential C-L uses in the vicinity; and 6. Vehicle storage may not occupy more than 60 percent of the site that is not covered by structures; E. Automobile service stations, provided they are located at the intersection of two streets, one of which must be an arterial; F. Bakery and pastry shops; products made must be sold at retail on premises; G. Banking and related financial institutions, including drive-in facilities; H. Bowling alleys; I. Brew pubs; J. Child day care facilities, including Group 1 and 2 child day care centers and family day care homes; K. Civic, social and fraternal clubs; L. Dance studio; M. Delicatessens; N. Dry cleaning and laundry services; O. Funeral homes; P. Government facilities; Q. Grocery stores; R. Hobby shops; S. Hospitals and medical and dental clinics; T. Hotels; U. Household goods mini-storage, provided the following requirements are met: 1. No more than two main entrances and/or exits to the building and access to the individual storage areas shall be from the inside of the building; Exhibits A-D East Wenatchee Municipal Code Amendment - Wireless Communication Facilities (4/12/2019) Page 2 2. Landscaping and architectural improvements required to ensure compatibility with present and potential C-L uses in the vicinity; V. Laundry, self-service; W. Massage parlors; X. Meeting rooms and/or reception facilities; Y. Motels; Z. Nursing home, or assisted living facility; AA. Personal service shops; BB. Pharmacies; CC. Printing and publishing; DD. Professional offices; EE. Radio and television broadcasting studios; FF. Residential structures, existing. Existing residential structures, legally established before the effective date of this zoning district, are permitted to continue as a place of habitation; provided, if the structure housing the residential use obtains an occupancy permit for any other use established in this section, the residential status protected under this provision is revoked; GG. Retail stores and shops, including department and variety stores; HH. Religious institutions; II. Restaurant, including outdoor seating and drive-in facilities. Sale of alcoholic beverages is a secondary use and is limited to on-premises consumption; JJ. Schools – commercial, including art, business, barber, beauty, dancing, martial arts and music; KK. Secretarial services; LL. Theaters, except drive-in; MM. Veterinary services and clinics for small animals; no outside runs or kennels are permitted. NN. Wireless communication facilities. Exhibits A-D East Wenatchee Municipal Code Amendment - Wireless Communication Facilities (4/12/2019) Page 3 Exhibit B Amendment 2. The City Council amends EWMC 17.70.080 to read as follows. 17.70.080 Broadcast and relay towers – 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 EWMC 17.70.100. Placement of a broadcast and relay tower shall be denied if an alternative placement of the antenna(s) on a building or other existing structure can accommodate the communications needs. Applications shall be required to provide documentation that reasonable efforts to identify alternative locations were made. 2. Owners and operators of a proposed broadcast and relay tower shall provide information regarding the opportunity for the co-locationcollocation of other antenna(s) and related equipment. If feasible, provision for future co- locationcollocation may be required. 3. Broadcast and relay towers shall be set back from each lot line at least 100 percent of the height of the proposed tower. This setback may be reduced to 50 percent of the height of the proposed tower if said tower is located more than 100 feet from a public street and the applicant submits an engineering report certifying that the tower is designed to collapse upon failure and would fall within the distance between the proposed tower and the property line of the property line upon which it is located. Said report shall be prepared by a professional engineer registered in the state of Washington. 4. Extensions, antennas, and arms attached to broadcast and relay towers and/or antennas shall not exceed eight feet in length horizontally as measured from the center diameter of the tower. 5. The base of a ground-mounted broadcast and relay tower shall be screened with fencing, walls, landscaping, or other means such that the view of the antenna(s) base is blocked as much as practicable from any street and from the yards and main living floor areas of surrounding residentially zoned properties. The screening may be located anywhere between the antenna(s) and the above-mentioned viewpoints. Landscaping that qualifies for the purpose of screening shall be maintained in a healthy condition. The perimeter of a broadcast and relay tower and any guyed wires/anchors shall be enclosed by a fence or wall at least six feet in height. 6. To the extent technically feasible and in compliance with safety regulations, the broadcast and relay tower and any supporting structure and equipment facility should be designed using materials, colors, textures that will blend the facility to the natural and built environment. 7. A Washington-licensed professional engineer shall certify in writing, over his or her seal, that both construction plans and final construction of the broadcast and relay radio towers are designed to reasonably withstand wind and seismic loads as established by the Uniform Building Code. B. Additional Standards in Commercial Zones – Broadcast and Relay Towers. Exhibits A-D East Wenatchee Municipal Code Amendment - Wireless Communication Facilities (4/12/2019) Page 4 1. Broadcast and relay towers are permitted only in the G-C, C-L and CBD commercial districts. 2. The combined broadcast and relay tower and antenna(s) shall not extend more than a maximum of 70 feet in height. A height bonus of 15 feet may be allowed by the approval authority when co-locationcollocation is specifically provided for on the broadcast and relay tower. C. Additional Standards in Residential Zones –Broadcast and Relay Towers. 1. Commercial broadcast Broadcast and relay towers shall not be allowed in the Residential Low Density (R-L) or Residential Medium Density (R-M) residential (R-L and R-M) zones. Such facilities may be located in the Residential High Density/Office Zoning District (R-H) residential zone only after obtaining a conditional use permit. 2. The combined broadcast and relay tower and antenna(s) shall not extend more than a maximum of 70 feet. 3. Stealth design is required. D. Additional Standards in Industrial Zones – Broadcast and Relay Towers. The combined height of a broadcast and relay tower and antenna(s) located in industrial zone shall not exceed 80 feet; except when co-locationcollocation is specifically provided for, then the broadcast and relay tower shall not exceed 90 feet. Exhibits A-D East Wenatchee Municipal Code Amendment - Wireless Communication Facilities (4/12/2019) Page 5 Exhibit C Amendment 3. The City Council amends EWMC 17.70.090 to read as follows. 17.70.090 Wireless communications facilities – Development standards. A. Development Standards for All Zoning Districts. The following standards shall be applied to all wireless equipment, such as antenna(s) and equipment shelters, exclusive of the broadcast and relay tower. Wireless monopoles, lattice and guy towers, and existing pole structures extended in height, are regulated by the subsections that govern broadcast and relay towers, EWMC 17.70.080. 1. Placement of a freestanding wireless communication facility shall be denied if placement of the antenna(s) on an existing structure can accommodate the operator’s communications needs. The co-locationcollocation of a proposed antenna(s) on an existing broadcast and relay tower or placement on an existing structure shall be explored and documented by the operator in order to show that reasonable efforts were made to identify alternate locations. 2. Maximum Height for Attached WCF. Attached WCF shall not add more than 20 feet to the height of the existing building or structure to which it is attached. Attached WCF are permitted in all zoning districts subject to specific limitations enumerated elsewhere in this chapter. 3. Location of wireless communication antenna(s) on existing buildings or other structures shall be screened or camouflaged to the greatest practicable extent by use of shelters, compatible materials, location, color, and/or other stealth techniques to reduce visibility of the antenna(s) as viewed from any street or residential property. 4. Attached WCF may be mounted on all currently existing nonresidential buildings in nonresidential zones except as follows: a. Any building which is an accessory structure to a residence. b. Buildings which, due to their small size, would be dominated by the facility. 5. The antenna(s) shall not dominate the structure upon which it is attached and shall be visually concealed utilizing color and compatible material to camouflage the facility to the greatest extent feasible. 6. Building-mounted WCF must meet the following conditions and criteria: a. A building-mounted WCF may consist of the following: i. Nonreflective panel antenna(s); ii. Whip antenna(s); iii. Nonreflective parabolic dish; b. The number of antennas shall be reasonable to accommodate the technology and maintenance compatible with the constraints of the building and prevailing land use. 7. The placement of antennas on existing structures (not including buildings), such as power poles, light poles for streets and parking lots, light standards for recreational fields and antenna support structures, is the preferred option subject to the approval of the owner of the existing structure. If an existing structure cannot accommodate an antenna due to structural deficiency, or does not have the height Exhibits A-D East Wenatchee Municipal Code Amendment - Wireless Communication Facilities (4/12/2019) Page 6 required to provide adequate signal coverage, the structure may be replaced with a new structure, provided: a. The new structure will serve the original purpose. b. The completed structure does not exceed the original height by more than 20 feet. c. The completed structure meets all the requirements of this chapter. d. In all cases where a utility pole or light standard is replaced for the purpose of accommodating a WCF installation, the cables and other wiring necessary for the WCF shall be routed inside the new pole. If routing inside the pole is not allowed by the utility and that determination is confirmed in writing by the utility, then all cable, wiring and conduit routed outside the pole shall be painted to match the pole. 8. Associated above-ground equipment shelters shall be minimized and shall not exceed 240 360 square feet (e.g., 12 by 20 feet) unless operators can demonstrate that more space is needed to accommodate collocation by other providers. Shelters shall be painted a color that matches existing structures or the surrounding landscape. A solid visual screen (90 percent solid or more) shall be created around the perimeter of the shelter. Operators shall consider undergrounding equipment if technically feasible or placing the equipment within existing structures. 9. 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 antenna(s) and equipment shelter as much as practicable from any street and from the yards and main floor living areas of residential properties within approximately 500 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. 10. Construction plans and final construction of the mountings of wireless antenna(s) and equipment shelters shall be approved by the city building department. Applications shall document that the proposed WCF and mounting bases are designed to reasonably withstand wind and seismic loads. B. Additional Standards in Residential Zones – Wireless Communications Facilities. 1. Attached WCF shall be screened or camouflaged to the greatest practicable extent by use of compatible materials, location, color, and/or other stealth techniques to reduce visibility of the antenna(s) as viewed from any street or residential property. 2. Attached WCF may be mounted on all currently existing nonresidential buildings in residential zones except as follows: a. Any building which is an accessory structure to a residence. b. Buildings which, due to their small size, would be dominated by the facility. 3. The antenna(s) shall not dominate the structure upon which it is attached and shall be visually concealed utilizing color and compatible material to camouflage the facility to the greatest extent feasible. 4. Building-mounted WCF must meet the following conditions and criteria: a. A building-mounted WCF may consist of the following: Exhibits A-D East Wenatchee Municipal Code Amendment - Wireless Communication Facilities (4/12/2019) Page 7 i. Nonreflective panel antenna(s); ii. Whip antenna(s); iii. Nonreflective parabolic dish; b. The number of antennas shall be reasonable to accommodate the technology and maintenance compatible with the constraints of the building and prevailing land use. 5. Within public parks and public open spaces including playgrounds, ballfields, etc., the placement of antennas on existing structures, such as power poles, light poles for streets and parking lots, light standards for recreational fields and antenna support structures, is the preferred option subject to the approval of the property owner. If an existing structure cannot accommodate an antenna due to structural deficiency, or does not have the height required to provide adequate signal coverage, the structure may be replaced with a new structure, provided: a. The new structure will serve the original purpose. b. The completed structure does not exceed the original height by more than 20 feet. c. The completed structure meets all the requirements of this chapter. d. In all cases where a utility pole or light standard is replaced for the purpose of accommodating a WCF installation, the cables and other wiring necessary for the WCF shall be routed inside the new pole. If routing inside the pole is not allowed by the utility and that determination is confirmed in writing by the utility, then all cable, wiring and conduit routed outside the pole shall be painted to match the pole. 6. Associated above-ground equipment shelters shall be minimized, and shall not exceed 240 square feet (e.g., 12 by 20 feet) unless operators can demonstrate that more space is needed for collocation of other providers. Shelters shall be painted a color that matches existing structures or the surrounding landscape. A solid visual screen (90 percent solid or more) shall be created around the perimeter of the shelter. Operators shall consider undergrounding equipment if technically feasible or placing the equipment within existing structures. C. Additional Development Standards in Nonresidential Zones – Wireless Communications Facilities. Associated above-ground equipment shelters shall not exceed 240 square feet (e.g., 12 by 20 feet) unless operators can demonstrate that more space is needed. A solid visual screen (90 percent solid or more) shall be created around the perimeter of the shelter. Operators shall consider undergrounding equipment if technically feasible or placing the equipment within an existing structure. Above- ground equipment shelters for antenna(s) 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. Exhibits A-D East Wenatchee Municipal Code Amendment - Wireless Communication Facilities (4/12/2019) Page 8 Exhibit D Amendment 4. The City Council amends EWMC 17.70.100 to read as follows. 17.70.100 General siting criteria. A. Siting criteria for wireless communication facilities are necessary to encourage the siting of those facilities in locations most appropriate based on land use compatibility, neighborhood characteristics, and aesthetic considerations and the demand for wireless communication facilities by the citizens of East Wenatchee. No general siting criteria are necessary for satellite dishes because these facilities are allowed within all zoning districts. B. Generally, co-locationcollocation on existing broadcast and relay towers is encouraged by fewer standards and less complex permit procedures. Further, attachment of antenna(s) to existing nonresidential structures and buildings primarily within industrial and commercial zoning districts is preferable to broadcast and relay towers or monopoles. C. New broadcast and relay towers shall be minimized by co-locating wireless facilities on existing towers. New broadcast and relay towers are most appropriately located in the industrial zoning district followed in order of preference by G-C, CBD and NC C-L zoning districts. Due to the close proximity of the shoreline and critical areas, these types of facilities are not permitted in the WMU or MU commercial district. D. Wireless Communication Facilities. The following sites shall be considered by applicants as the preferred order for location of proposed wireless facilities including antenna(s), equipment, and equipment shelters. As determined feasible, and in order of preference, the sites are: 1. Existing broadcast and relay towers: on any existing site or tower where a legal wireless telecommunication facility is currently located regardless of underlying zoning. 2. Warehouse and industrial zoning: structures or sites used exclusively for industrial and manufacturing uses within the industrial district. 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 all zoning districts not utilized primarily for recreational uses. 4. Commercial and public facilities sites: structures or sites used for retail, commercial, and office uses. These are areas of more intensive land uses where a full range of public facilities are expected. These zones in order of priority are G-C, P C-L and CBD. 5. Residential zones: structures which are not used for residential purposes such as institutional structures and other nonresidential sites and structures may be considered for the installation of attached WCF where the installation complies with all FCC regulations and standards. 6. Residential structures: wireless communication facilities attached to residential structures are not permitted in any residential zoning district.