HomeMy WebLinkAboutOrdinances - 2010-03 - Amending EWMC Chapter 17.70 relating to Wireless Communication Facilities WCF - 1/12/2010CITY OF EAST WENATCHEE, WASHINGTON
ORDINANCE NO. 2010-�
AN ORDINANCE OF THE CITY OF EAST WENATCHEE,
WASHINGTON, AMENDING THE EAST WENATCHEE
MUNICIPAL CODE CHAPTER 17.70, WIRELESS
COMMUNICATION FACILITIES, TO ADD ADDITIONAL
EXEMPTIONS INCLUDING AMATEUR RADIO TOWERS UP
THE 70 FEET IN HEIGHT, CHANGE REQUIREMENTS AND
STANDARDS FOR ATTACHED WIRELESS FACILITIES,
AND GENERAL TEXT UPDATES, CONTAINING A
SEVERABILITY CLAUSE, AND ESTABLISHING AN
EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS:
Section 1: Purpose.
The City Council finds that it is in the best interests of the City and its citizens to
amend Chapter 17.70 of the East Wenatchee Municipal Code ("EWMC") to
update the provisions relating to wireless communication facilities ("WCF") to:
increase the exempt facilities in keeping with FCC regulations, changes in
technology and the use of such facilities; and to provide greater flexibility for
attached wireless style facilities to encourage the use of such facilities.
Section 2: 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 governance of the City. RCW 35A.63 and RCW 36.70A authorize the
City Council to adopt and amend development regulations.
Section 3: Amendment. The City Council amends Chapter 17.74 EWMC as set forth in the
attached Exhibit A.
Section 4: Findings of Fact. The City Council adopts by reference the findings of fact and
conclusions as set forth in the attached Exhibit B.
Section 5: Severability. If a court of competent jurisdiction declares any provision in this
Ordinance to be contrary to law, such declaration shall not affect the validity of
the other provisions of this Ordinance.
Section 6: Publication. The City Council directs the City Clerk to publish a summary of this
Ordinance. The summary shall consist of the title of this Ordinance
Section 7: Effective Date. This Ordinance becomes effective five days after the date its
summary is published.
Ordinance 2010-
Page 1 of 3
Passed by the City Council of East Wenatchee, at a regular meeting thereof on
day of , 204V
CITY OF EAST WENATCHEE,
NA7 A C'uTATr`_T/lRT
ATTEST:
Dana Barnard, City Clerk
APP VED AS WORM ONLY:
De in Poulso ity Attorney
FILED WITH THE CITY CLERK: 12/03/09
PASSED BY THE, CITY COUNCIL: ( f C7
PUBLISHED: 11 S 1 L)
EFFECTIVE DATE: I 0
Ordinance 20 R0-� -,3 _
Page 2 of 3
SUMMARY OF ORDINANCE NO. 2010- t 3
Of the City of East Wenatchee, Washington
On the 12th day of January, 2009, the City Council of the City of East Wenatchee,
Washington, passed Ordinance No. 2010- 03 A summary of the content of said Ordinance,
consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EAST WENATCHEE,
WASHINGTON, AMENDING THE EAST WENATCHEE
MUNICIPAL CODE CHAPTER 17.70, WIRELESS
COMMUNICATION FACILITIES, TO ADD ADDITIONAL
EXEMPTIONS INCLUDING AMATEUR RADIO TOWERS UP
THE 70 FEET IN HEIGHT, CHANGE REQUIREMENTS AND
STANDARDS FOR ATTACHED WIRELESS FACILITIES,
AND GENERAL TEXT UPDATES, CONTAINING A
SEVERABILITY CLAUSE, AND ESTABLISHING AN
EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
Dated: January 12, 2010
CITY CLERK, DANA BARNARD
Ordinance 2010-_n
Page 3 of 3
Exhibit A
Chapter 17.70
Wireless Communications Facilities (WCF).
Sections:
17.70.010 Purpose
17.70.020 Relationship to Other Ordinances
17.70.030 Definitions
17.70.040 Permits and Exemptions
17.70.050 Application Materials
17.70.060 General Development Standards for all WCF Broadcast and Relay
Towers, and Satellite Dish,
17.70.070 Large Satellite Dish Antenna(s) — Development Standards
17.70.090080 Broadcast and Relay Towers — Development Standards
17.70.400090 Wireless Communications Facilities — Development Standards
17.70.440100 General Siting Criteria
17.70.440110 Abandonment
17.70.430120 Fees
17.70.010 Purpose.
The purpose of this ordinance is to establish development regulations for the siting of
Wireless Communications Facilities (WCF) and to assure that the siting of WCF is
accomplished in a manner that will protect the public health, safety, and welfare of the
citizens of the City of East Wenatchee by promoting the goals of this Chapterchapter.
The goals of this Ghaptef-_chapter are to:
A. Provide a range of locations in a variety of zones and options for siting;
B. Provide clear performance standards for addressing the siting of WCF;
C. Encourage location of WCF on existing structures, including utility poles, signs,
water towers, buildings and on other WCF where feasible;
D. Encourage Co -location and Site Sharing of new and existing WCF;
E. Facilitate the use of public property and structures for siting of WCF;
F. Streamline and expedite permitting procedures in accordance with the intent of
state and federal law;
G. Enhance the ability of providers of personal communications services to provide
such service quickly, effectively and efficiently;
H. Require adherence to state and federal environmental laws;
I. Ensure air traffic safety for local aviation users, and the general public.
Ordinance 2010-03
Page 1 of 21
17.70.020 Relationship to Other Ordinances.
A. Where allowed by law, this ordinance shall supersede all conflicting requirements
of other codes and ordinances regarding location and permitting of WCF, except
Shorelines, environmental regulations and specific franchises.
B. Franchise. Nothing in this chapter is intended to provide fora -franchise, license
or permit for the installation of wireless communications facilities within the public
rights of way. Franchise agreements remain the discretion of the East
Wenatchee City Council.
17.70.030 Definitions.
A. "Antenna(e) or antenna array" means any system of electromagnetically tuned
wires, poles, rods, panels, discs or similar devices used to transmit or receive
electromagnetic waves between terrestrial and/or orbital based points; includes
but is not limited to, radio antennas, television antennas, satellite dish antennas,
and cellular antennas. The Antenna Array does not include the Support Structure
(defined below).
1. Omni -directional (or "whip") antennas which transmit and receive radio
frequency signals in a 360-degree radial pattern. For the purpose of this
chapter, omni-directional antennas are up to 15 feet in height and up to six
inches in diameter;
2. Directional (or "panel") antennas which transmit and receive radio frequency
signals in a specific directional pattern of less than 360 degrees; and,
3. Parabolic (or "dish") antennas which are bowl -shaped devices for the
reception and/or transmission of communications signals in a specific
directional pattern.
B. "Attached WCF" shall mean an Antenna that is attached to an existing building or
structure (Attachment Structure) which structures shall include but not be limited
to utility poles, signs, water towers, with any accompanying pole or device
(Attachment Device) which attaches the Antenna to the existing building or
structures and associated connection cables and an Equipment Facilitate which
may be located either inside or outside of the Attachment Structure. An
Attachment Structure shall not include an existing or proposed WCF.
C. "Broadcast or relay tower" shall mean a freestanding support structure, attached
antenna(s), and related equipment intended for transmitting, receiving or re-
transmitting commercial radio, television, telephone, cellular, or other
communications services. This includes, but is not limited to lattice towers, guy
towers, and monopoles.
D. "Cellular communications facility" shall mean any unstaffed facility for the
transmission of radio -frequency signals and includes antennas, equipment
shelters, and other equipment necessary to provide wireless transmission and
reception utilizing cellular technology for various wireless communication
systems including cellular phones, Personal Communication Systems (PCS),
paging, and similar systems.
Ordinance 2010-03
Page 2 of 21
E. "Co-location/Site sharing" shall mean use of a common WCF or common site by
two or more wireless license holders, or by one wireless license holder for more
than one type of communications technology and/or placement of a WCF on a
structure owned and operated by a utility or other public entity.
F. "Equipment facility/shelter" shall mean any structure used to contain ancillary
equipment for a WCF which includes cabinets, shelters, a build -out of an existing
structure, pedestals and other similar structures.
G. "FCC' or "Federal Communications Commission" shall mean the Federal
administrative agency, or lawful successor, authorized to regulate and oversee
communications carriers, services and providers on a national level.
H. "Microcell" shall mean a wireless communication facility consisting of an antenna
that is either:
1. Four-10) feet in height and with an area of not more
115802) square inches; or
2. if a tubular antenna, no more than four (4) inches in diameter and no more
than six fee in length.
I. "Personal wireless services" shall mean commercial mobile services, unlicensed
wireless services, and common carrier wireless exchange access services, as
defined by federal laws and regulations.
J. "Personal wireless services facilities" shall mean facilities for the provision of
personal wireless services.
K. "Reception window obstruction" shall mean a physical barrier which would block
an electromagnetic signal.
L. "Satellite dish antenna(s)" shall mean a type of antenna(s) and supporting
structure consisting of a solid, open mesh, or bar configured reflective surface
used to receive and/or transmit radio frequency communication signals. Such an
apparatus is typically in the shape of a shallow dish, cone, horn, or cornucopia.
There are generally two sizes of antenna:
1. "Large satellite dish" shall mean any satellite dish antenna(s) whose diameter
is greater than one meter in residential zones or two meters in industrial or
commercial zones.
2. "Small satellite dish" shall mean any satellite dish antenna(s) whose diameter
less than or equal to one meter located in any zoning district or two meters
within industrial or commercial zones.
M. "Stealth design or technology" means a wireless facility that mimics something in
the surrounding landscape, such as trees, flag poles etc., and is unrecognized as
a tower or antennae. The design is intended to be compatible with the
environmental and cultural character of the surrounding area.
N. "Support structure" shall mean a structure designed and constructed specifically
to support an Antenna Array, and may include a monopole, self supporting
(lattice) tower, guy -wire support tower and other similar structures. Any device
Ordinance 2010-03
Page 3 of 21
(Attachment Device) which is used to attach an Attached WCF to any existing
building or structure (Attachment Structure) shall be excluded from the definition
of and regulations applicable to Support Structures.
O. "Temporary wireless communication facility" shall mean a WCF to be placed in
use for,,iRety (90) or fewer days, is not deployed in a permanent manner, and
does not have a permanent foundation.
P. "Tower or wireless communications tower' shall mean any built structure,
including any guy wires and anchors, constructed for the purpose of support of
antennas or antenna or to serve as an antenna. This includes, but is not limited
to lattice towers, guy towers, monopoles and attached antennas.
Q. "Tower, guyed" shall mean a tower that is supported, in whole or in part, by wires
and ground anchors.
R. "Tower, lattice" shall mean a type of tower that is self-supporting with multiple
legs and cross bracing of structural metal.
S. "Tower, monopole" shall mean a type of tower mount that is self-supporting
through a single shaft usually constructed of wood, metal or concrete.
T. "Wireless communication facility(ies)" (WCF) shall mean any unstaffed facility for
the transmission and reception of radio or microwave signals used for
commercial communication. A wireless communication facility provides services
which include cellular telephone, Personal Communication Services (PCS),
specialized mobile radio (SIVIR), enhanced specialized mobile radio (ESMR),
paging, other mobile radio services, and any other service provided by wireless
common carriers licensed by the Federal Communications Commission (FCC).
A wireless communication facility may be attached to an existing structure or a
freestanding tower. A wireless communication facility consists of antenna(s) and
related equipment and may include an equipment enclosure, screening, or a
support structure
17.70.040 Permits and Exemptions
A. Permits required. Unless otherwise provided herein, it is unlawful for a person or
individual, company, corporation or association or any other entity to construct,
alter, transform, or add to a Wireless Communication Facility (WCF) without first
obtaining a permit in compliance with the provisions of this chapter. A WCF
permit shall not be valid at any address or property other than the one appearing
on the permit.
1. Building Permits. A building permit (Type IB or IIA) is required for all wireless
communications facilities unless specifically exempted under subsection (B),
Exemptions.
2. Wireless Communications Facility Permits. A communications facility permit
(Type IIA) is required for all wireless communications facilities, except for
wireless communication facilities which collocate on an existing broadcast
and relay tower, where adequate provisions for antennas and ground -
mounted equipment exist. In such case only a building permit shall be
Ordinance 2010-03
Page 4 of 21
required. All information listed in EWMC 17.70.030(A)(1)(a) through (h) shall
be submitted along with a completed Wireless Communications Facility
Permit application form.
3. Combined Review. Communication facilities regulated under this G
! hI apter which are proposed in conjunction with a site plan approval
application for industrial, commercial or residential development shall not be
required to obtain separate building permit approval or separate
communications facility permit approval. However, communications facilities
will be reviewed according to the same criteria outlined in this section and all
information required in EWMC 17.70.030(A)(1)(a) through (h) shall be
submitted with the application for the associated land use permit..
4. Expiration. A WCF permit shall expire at the end of two years for where lack
of construction and lack of operation for said facility indicate no measurable
progress on the permitted project.
B. Exemptions. The following antenna(s) shall be exempt From this Ghapterchapter:
1. Small satellite dish antenna(s).
2. VHF and UHF Receive -only Television Antenna(s) designed to receive
television broadcast signals with a maximum height of 15 feet above the
highest peak of an existing or proposed roof.
3. Low -powered networked communications facilities such as microcell radio
transceivers located on existing utility poles and light standards within the
public right-of-way. Low -powered refers to those facilities with maximum
transmitter peak output power that does not exceed one watt and is less than
14 inches by 16 inches by 8 inches with an antenna no greater than 30 inches
in height above the highest part of the existing pole or light standard.
4. Normal, routine, and emergency maintenance and repair of existing wireless
communications facilities and related equipment which does not alter the
location of the facility, increase the height, size, footprint, or bulk of such
facilities and which otherwise complies with city, state and federal law and
regulations.
5. Military, federal, state and local government communication towers and radar
systems used for navigational purposes, emergency preparedness, and
public safety purposes.
6. Amateur radio services and facilities owned and operated by a Federally
licensed amateur radio station operator or are used exclusively for receive
-
only antennas. To reasonably accommodate licensed amateur radio
operators as required by Federal Code of Regulations, 47 CFR Part 97, as
amended, and Order and Opinion PRB 1 of the Federal Communication
Commission of September 1985, and RCW 3251A 260, a licensed amateur
radio operator may locate a tower in any zo n i ng_ d i strict without f_irs_t obtaininrg
any permits from the City; provided the following requirements are met:
a. The tower shall not exceed a height of 70 feet;.
Ordinance 2010-03
Page 5 of 21
b. The tower and any antennas located thereon shall not have any
lights of any kind on it and shall not be illuminated either directly or
indirectly by any_ artificial means;
C. The color of the tower and any antennas located thereon must all
be the same and such that it blends into the sky, to the extent allowed
under requirements set forth by the Federal Aviation Administration;
d. No commercial advertising, logo, trademark, figurine or other
similar marking or lettering shall be placed on the tower;
e. The tower shall be located a distance equal to or greater than its
height from any existing residential structure located on adjacent parcels
of property, including any attached accessory structures;
f. A tower must be at least. 314 of its height from any' propertV line on
the parcel of property on which it is located, unless a licensed engineer
certifies that the tower will not collapse or that it is designed in such a way
that in the event of collapse, it falls within itself, and in that event, it must
be located at least 1 /3 of its height from any property line;
q. No signs shall be used in conjunction with the tower, except for one
sign not larder than 144 square inches_ in area and as required by Federal
regulations;
h. Towers shall not be leased or rented to commercial users, and shall
not otherwise be used for commercial guar oses, and
i. All towers must meet all applicable State and Federal statutes rules
and regulations.
7. Emeraencv communications equipment durina a declared oublic emeraenc
when the equipment is owned and Operated by an appropriate public entity.
8. Any wireless internet facility that: is owned and operated by a government
entity.
9. Antennas and related equipment no more than 3 feet in height that are being
stored shipped or displayed for sale.
10. A temporary, commercial WCF, for the purposes of providing coverage of a
special event such as news coverage or sporting event_ All such facilities
must comply with all federal and state requirements. Such facilities shall be
removed within seven dgys after the end of the event.
C. Summary of Required Permits:
1. All WCF permits require site plan review and approval pursuant to EWMC
Chapter 17.80.
2. A Building Permit only is required for the following WCF (Type IB or IIA).
GGrAmnrrial p irpeses) under seventy (70) feet in height operated b,
forior.Ally licensed amate it Fadie epeFateF-
Ordinance 2010-03
Page 6 of 21
b:a. Industrial, scientific and medical equipment using frequencies
regulated by the Federal Communication Commission.
G:b. Wireless communication facilities which collocate on an existing
broadcast and relay tower, where adequate provisions for antennas and
ground -mounted equipment exist.
:r __Temporary WCFs for a term not to exceed l=: ne- y (90; days, with a
possible RiRety (90 day extension, with approval from the building official.
The use of temporary wireless communication facilities such as a cell on
wheels (COW) or an antenna on a bucket truck, crane, or other device
capable of reaching the height necessary to evaluate the site for
placement of a wireless communication facility. Such temporary facility
may only be utilized on a short-term basis for -the purpose of evaluating
the technical feasibility of a particular location for placement of a wireless
communication facility or for providing communications during an
emergency.
3. Building Permit and WCF Permit (Type IB or IIA) is required for all WCF not
listed in (2) above.
17.70.050 Application Materials
In addition to the requirements of EWMC Chapter 19, the submittal of a completed
Building Permit Application form and/or a Wireless Communications Permit Application,
the applicant shall supply the following information at the time of application for a WCF;
EXCEPT that applicants for temporary WCF permits need only submit a Building Permit
Application and items (A) through (D) below AND Amateur Radio T.,w@Fs and Large
Satellite Dish Antenna applicants shall submit a Building Permit application and items
(A) through (D) and (G) from the list below.
A. If the applicant is not the owner of the property, a copy of the preliminary lease
agreement is required to be provided with the application. A copy of the final
agreement shall be submitted prior to issuance of a building permit for the
structure.
B. Proof of adequate financial insurance and a legal instrument crafted to indemnify
and hold harmless the City of East Wenatchee in the event of tower failure or
other catastrophic event associated with WCF, shall be required.
C. A vicinity map showing the location of the proposal and the properties within one-
half mile of the subject property (said map shall be no larger than 11 x 17 inches.
D. A full site plan shall be required for all wireless communications facilities,
showing the location, the specific placement of all structures including the
tower/antenna on the site, the type and height of the proposed tower/antenna,
on -site land uses and zoning, adjacent land uses and zoning, adjacent roadways,
proposed means of access, setbacks from property lines, elevation drawings of
the proposed facility, the location of existing structures, trees, and other
significant site features, the type and location of plant materials used to screen
the facility, fencing, proposed color(s), and any other proposed structures. Site
Ordinance 2010-03
Page 7 of 21
plans may be submitted on paper larger than 11 x 17 inches; Provided, an 11--'1
17 inch set must accornpany the larger plans.
E. Color photo simulations showing the proposed site with a photo -realistic
representation of the proposed wireless communications facilities including any
proposed tower or antenna as it would appear viewed from the closest property
and from adjacent roadways.
F. No new tower shall be permitted unless the applicant demonstrates to the
reasonable satisfaction of the governing authority that no existing tower or
structure can accommodate the applicant's proposed antenna. Evidence
submitted to demonstrate that no existing tower or structure can accommodate
the applicant's proposed antenna may consist of any of the following:
1 . No existing towers or structures are located within the geographic area
required to meet applicant's engineering requirements.
2. Existing towers or structures are not of sufficient height to meet applicant's
engineering requirements.
3. Existing towers or structures do not have sufficient structural strength to
support applicant's proposed antenna and related equipment.
4. The applicant's proposed antenna would cause electromagnetic interference
with the antenna on the existing towers or structures, or the antenna on the
existing towers or structures would cause interference with the applicant's
proposed antenna.
5. -rhe fees, costs, or contractual provisions required by the owner in order to
share an existing tower or structure to adapt an existing tower or structure for
sharing are unreasonable. Costs exceeding new tower development are
presumed to be unreasonable.
6. -rhe applicant demonstrates that there are other limiting factors that render
existing towers and structures unsuitable.
G. Written technical evidence and statement from an engineer(s) that the:
1. tower is capable of supporting additional wireless communications facilities
comparable in weight, size, and surface area to the communications facilities
installed by the applicant on the proposed tower; and
2. construction and placement of the proposed tower and wireless
communications facilities will not interfere with licensed public safety
communications and the usual and customary transmission or reception of
radio, television, or other communications services enjoyed by adjacent
residential and non-residential properties.
SIF
and wireless communications facilities will comply with all FAA regulations
and EIA Standards and all other applicable federal, state and local laws and
regulations; and
Ordinance 2010-03
Page 8 of 21
2. will accommodate co -location of additional antennas for Future users. If
accommodation of future co -location is not proposed, information must be
submitted with the application detailing why future co -location is not possible.
At the time of site selection, the applicant shall demonstrate how the proposed
site fits into its overall communications network within the City. This shall include
a service area coverage chart for the proposed tower and communications
facilities that depicts the extent of coverage and corresponding signal quality at
the proposed tower height.
J. Copies of any environmental documents required by any federal, agency, if
available. These shall include the environmental assessment required by FCC
Para. 1.1307, or, in the event that a FCC environmental assessment is not
required, a statement that describes the specific factors that obviate the
requirement for an environmental assessment.
K. A completed SEPA Checklist shall be submitted with all applications not
categorically exempt under RCW 43.21.C.0384, as the SaMe ROW eXiGtS OF May
amended.
17.70.060 General Development Standards for all WCF, Broadcast and Relay
Towers, and Satellite Dishes, and °mateUF Radii, Towers.
The development standards in this section address setback and other site specific
location factors. For purposes of determining whether installation of a WCF complies
with the development standards in this &haptetchapter, the dimensions of the entire lot
shall control, unless the WCF is proposed to be located on a separately described
leased parcel within such lot.
A. Principal or Accessory Use. WCF may be considered either principal or
accessory uses. A different existing use or an existing structure on the same lot
shall not preclude the installation of a WCF on such lot.
B. Building Code. To ensure the structural integrity of WCF, wireless
communications facilities shall be designed and certified by an engineer to be
structurally sound and, at a minimum, be constructed in conformance with the
Building Code and any other standards set forth in this section
C. Legal Access. All WCFs proposed to locate and operate within the City must
possess and provide proof of legal access onto a publicly -owned street as a
condition of approval.
D. All landscaping on a parcel of land containing a wireless communications facility
shall be in accordance with the applicable landscaping requirements for the
zoning district where the wireless communications facility is located and Chapter
17.72 EWMC. Existing vegetation on the site of a wireless communications
facility shall be preserved to the extent possible or supplemented to provide
vegetative screening
E. Applicants are encouraged to use "stealth" techniques in the design of wireless
communications facilities. "Stealth" techniques relate to siting strategies and
technological innovations designed to enhance compatibility with adjacent land
Ordinance 2010-03
Page 9 of 21
uses by designing structures to resemble other features in the surrounding
environment. "Stealth" techniques include architecturally screened roof -mounted
antennas, antennas integrated into architectural elements, and towers designed
to resemble light poles, power poles, flag poles, street standards, steeples, or
trees, etc.
F. Minimum Setbacks: Setback requirements for facilities subject to this Chapter
chapter shall be measured from the base of the structure or tower to all property
lines of the parcel of land on which it is located.
1. Except as provided elsewhere in this Chap4wchapter, facilities subject to this
Cha Aef-ghapter shall not be located within any required front , side, or rear
yard setback areas or within any easements not established for the
placement of said WCF.
2. Additional setbacks for various facilities are specified in the development
standards for each type of facility.
3. Attached WCFs are exempt From the setback standards of this
Gha Aefc g Ater. An Attached WCF may extend up to five (5) feet horizontally
beyond the edge of the Attachment Structure so long as the Attached WCF
maintains a five (5) foot setback from the nearest property line of the
adjoining parcel.
4. Support Structures and Equipment Facilities shall, at a minimum, comply with
the setback requirements for the underlying zone within which it is located.
Provided, that all such structures shall maintain a 25 foot setback from any
property line adjacent to residentially zoned property and a minimum setback
of 55 feet as measured from the centerline of a public street.
5. A clear -view triangle shall be maintained at all intersecting public or private
streets, driveways, and/or curb cuts for vision safety purposes based upon
AASHTO Guidelines From A Policy on Geometric Design of Highways and
Streets, 1990 Edition, as now exists or may be hereafter amended, which is
hereby adopted by this reference
G. Minimum Lot Size: There shall be no minimum lot size requirement for WCF;
Provided, the lot proposed for the facility contains sufficient size and shape to
accommodate the required setback provisions of this Chapterchapter.
H. Fencing. Any fencing required for security shall meet the general fencing
requirements of the City.
I. Illumination. Facilities subject to this r"chapter shall not be artificially
lighted, except for:
1. Security and safety lighting of equipment buildings and support structure if
such lighting is appropriately down -shielded to keep light within the
boundaries of the site; and,
2. Any lighting of the WCF that may be required by the Federal Aviation
Administration or other applicable authority shall be installed in such a
manner to minimize impacts on adjacent residences. In instances when a
Ordinance 2010-03
Page 10 of 21
strobe type light is required by the FAA, said strobe light shall be white with
no more than a three (.}-second maximum allowable "off' phase.
J. No facility subject to this Chaptef-chaptef shall be used in such a manner to
support or display any outdoor signage or banners for any commercial or
advertisement purposes.
K. Aviation Review Standards. Proposed telecommunication devices, structures or
objects shall be reviewed to ensure they do not penetrate any of the airspace
surfaces on or near a public or private, General Aviation Facility. Any
telecommunication device, structure or object that is determined to penetrate or
otherwise obstruct airspace surfaces shall be denied by the review authority.
Special attention shall be given to the following:
1. Approach Surface. Land lying beneath the approach surface which extends
outward uniformly to a width of one thousand two hundred fifty feet at a
horizontal distance of five thousand feet from the runway end;
2. Transitional Surface. The transitional surface begins at the runway end and
on either side of the runway surface and slopes upward and outward at a 7:1
slope meeting the horizontal surface at one hundred fifty feet above the
elevation of the airport.
3. Horizontal Surface. The horizontal surface begins by swinging arcs of five
thousand feet from the center end of the runway surface creating an
elongated oval above the runway. The height of the horizontal surface is one
hundred fifty feet above the elevation of the airport.
4. Conical Surface. The conical surface begins at the edge of the horizontal
surface and extends upward and outward for a distance of four thousand feet
at a slope of 20:1 with an initial elevation of one hundred fifty feet above the
airport elevation.
5. Pangborn Airport. The delineation of the airspace surfaces described above
are generally depicted on the Pangborn Airport Overlay Parcels Exhibit map
(Figure 17.70.060 M) and Douglas County Code Chapter 18.65, as the same
now exists or may hereafter be amended, that is adopted herein by reference
as if fully set forth.
L. Federal Requirements. All wireless communications facilities shall meet or
exceed the standards and regulations of the Federal Aviation Administration
(FAA), the Federal Communication Commission (FCC) and any other agency of
the federal government with the authority to regulate towers and antennas. If
such standards and regulations are changed, the owner of any
telecommunication facility governed by this ordinance shall bring such facility into
compliance with such revised standards and regulations with six (6) months of
the effective date of standards and regulations, unless a more stringent
compliance schedule is mandated by the controlling federal agency. Failure to
bring towers and antennas into compliance with such revised standards and
regulations shall constitute grounds for -the removal of the facility at the owner's
expense.
Ordinance 2010-03
Page 11 of 21
Figure 17.70.060 M
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Ordinance 2010-03
Page 12 of 21
Large Satellite Dish Antenna(s) — Development Standards.
A. Standards for All Zoning Districts. The following standards shall be applied to all
proposed large satellite dish antenna(s).
1. Mountings and satellite dishes should be no taller than the minimum required
for the purposes of obtaining an obstruction -free reception window.
2. To the extent technically feasible, specific paint colors may be required to
allow the large satellite dish and mounting structures to blend better with its
setting.
3. Screening of all large satellite dish antenna(s) 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 antenna(s) 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 antenna(s) and the above mentioned
viewpoints. Landscaping for the purposes of screening shall be maintained in
healthy condition.
4. Construction plans and final construction of the mounting bases of all large
satellite dish antenna(s) shall be approved by the City Building Department.
5. Aluminum mesh dishes should be used whenever possible instead of a solid
fiberglass type.
B. Additional Standards in Residential Zones — Large Satellite Dish Antenna(s
1. Only one large dish satellite antenna shall be allowed on each property.
2. Large satellite dish antenna(s) shall not be mounted on roofs.
3. Large satellite dish antenna(s) shall not exceed 12 feet in diameter and 15
feet in height, including their bases.
4. A solid visual screen (90 percent solid or more) using a combination fencing,
walls, or landscaping shall be provided as high as the center of the dish when
viewed from off the site. Above the center of the dish, the screening should
be 50 percent solid or more to the top of the antenna(s) when viewed from off
the site. Evergreen plants shall be used to accomplish year-round screening,
and shall be large enough at installation to meet appropriate screening
standards.
C. Additional Standards in Non -Residential Zones — Larae Satellite Dish Antenna(s).
Antenna(s) may be either roof -mounted or ground -mounted.
1. Ground -mounted:
a. Ground -mounted antenna(s) shall not exceed 4 2fet in diamete
and 15 feet in heirr 4the height of the district within which they are located.
b. From the time of installation, ground -mounted antenna(s) shall be
solidly screened (90 percent or more) using a combination fencing, walls,
or landscaping as high as the center of the dish when viewed from off the
Ordinance 2010-03
Page 13 of 21
site. Solid screening shall be provided as high as the dish if the proposed
location abuts an adjoining residential zone.
2. Roof -mounted:
a. Shall not exceed the
height of the district within which they are located42 feet dmiIofar �^
15 font ire h8ighf iRiGluding their base I. Height shall be measured from the
average grade of the_ structure mef i ;e to the highest point of the
antenna.
b RGGf_MO +Rt8d aRteRn B(G) she, ldhould be placed as close to the
center of the roof as possible. if the dish is still visible from any point
within approximately 500 feet as viewed from ground level, additional
screening shall be required to supplement the screening provided by the
roof itself. If the dish is not visible from 500 feet or less, no additional
screening will be necessary.
C. 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.
d. Shall be architecturally compatible with the building and wall on
which it is mounted, and shall be designed and located so as to minimize
any adverse aesthetic impact.
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Ordinance 2010-03
Page 14 of 21
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7.70.00-017.70.080 Broadcast and Relay Towers - Development Standards
A. Development Standards for All Zoning Districts.
The applicant shall demonstrate that the proposed location was selected
pursuant to the siting criteria of EWMC 17.70.110. 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 -location of other antenna(s)
and related equipment. If feasible, provision for future co -location may be
required.
3. Broadcast and relay towers shall be setback from each lot line at least 100%
of the height of the proposed tower. This setback may be reduced to 50% of
the height of the proposed tower if said tower is located more than 100 feet
from a public street and the applicant submits and 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 an
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 (8-)-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
Ordinance 2010-03
Page 15 of 21
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 6 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.
1. Broadcast and Relay Towers are permitted only in the G-C 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 -location is specifically provided for
on the broadcast and relay tower.
C. Additional Standards in Residential Zones — Broadcast and Relav Towers.
1. Commercial broadcast and relay towers shall not be allowed in the residential
(R-I-L. and R-M). Such facilities may be located in the R-C-H residential zone
only.
2. The combined broadcast and relay tower and antenna(s) shall not extend
more than a maximum of 70 feet.
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 -location is specifically
provided for, then the broadcast and relay tower shall not exceed 90 feet.
'"�-'�0,17.70.090`JVireless 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 17.70.090.
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 -location 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.
Ordinance 2010-03
Page 16 of 21
2. Maximum Height for Attached WCF. Attached WCFs shall not add more than
twenty (20) feet to the height of the existing building or structure to which it is
attached. Attached WCFs are permitted in all zoning districts subject to
specific limitations enumerated elsewhere in this Chapterchapter.
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 non-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.
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 WCFs must meet the following conditions and criteria:
a. A building mounted WCF may consist of the following:
b. Nonreflective panel antenna(s);
C. Whip antenna(s);.
d. Nonreflective parabolic dish;
e. 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
subiect 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 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 routinq
inside the pole is not allowed by the utility and that determination is
Ordinance 2010-03
Page 17 of 21
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 square feet (e.g., 12 by 20 feet) unless operators can
demonstrate that more space is needed. 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 undergroundinq equipment if technically
feasible or placing the equipment within existing structures
4-.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.
45710. 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 antennas) as viewed from any street or
residential property.
buildings in residential zones except as f0lI0WS:GGFAMeFGiaI
teleGOmmunir--atien faGilitieS shall be allowed On the Residential ;�ones only
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a. Any building which is an accessory structure to a residence.
b. Buildings which, due to their small size, would be dominated by the
fa cility
2-.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's must meet: the following conditions and criteria:
a. A building mounted WCF may consist: of the following:
Ordinance 2010-03
Page 18 of 21
b. Nonrefiective panel antenna(s):
C. Whip antenna(s);
d. Nonreflective parabolic dish:
e. 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 an 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 subiect 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. 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 Non -Residential 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.
Ordinance 2010-03
Page 19 of 21
'".`'�017.70.100 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 or arnate„r radio
teweFs because these facilities are allowed within all zoning districts.
B. Generally, co -location 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 W4industrial. zoning district followed in order of
preference by G-C, CBD and 08QNC zoning districts. Due to the close
proximity of the shoreline and critical areas, these types of facilities are not
permitted in the T-CWMU 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 1N�aheuse and Industrial
District ""'-'e. 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 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.
Ordinance 2010-03
Page 20 of 21
1 2017.70.110Abandonment. If any wireless telecommunication facility shall
cease to be used for a period of 365 consecutive days, the Department of Community
Development shall notify the owner, with a copy to the applicant, that the site will be
subject to a determination that such site has been abandoned. The owner shall have
thirty (30) days from receipt of said notice to show, by a preponderance of the evidence,
that the wireless telecommunication facility has been in use or under repair during the
period. If the owner fails to show that the wireless telecommunication facility has been in
use or under repair during the period, the City Council shall issue a determination of
abandonment for the site. Upon issuance of the final determination of abandonment, the
owner shall, within ninety (90), dismantle and remove the wireless telecommunication
facility. If such facility is not removed within said ninety (90) days, the City may remove
the facility at the expense of the property owner. If there are two or more users of the
facility, this provision shall not become effective until all users cease using the facility.
17.'�017.70.120Fees. Wireless Communications Permit Fees: In addition to the
Building Permit application and associated fee any person required to apply for a
Wireless Communications Permit under this chapter shall submit an application for
approval to the Administrator on forms as required by the Administrator. The fees for
such applications are described below.
A. Permit Application Fee: The Wireless Communications Permit application shall
be accompanied by a base filing fee of $250.00, which fee shall be paid at the
time of submitting the application. No application shall be deemed complete
unless such application has been submitted and the base fees paid.
B. Engineering Fees. In addition to the fees expressly provided in this section, the
applicant shall reimburse the city for the actual costs of all engineering fees
incurred by the city in processing the application. The applicant shall become
obligated to pay and shall reimburse the city for these fees as the fees are
incurred by the city. In no event shall the applicant receive permit approval for the
Wireless Communication Facility until all such fees have been paid.
Ordinance 2010-03
Page 21 of 21
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 regulato
barriers, rate deregulation and relaxation of certain anti-trust provisions i
an attempt to achieve this goal. I
Ot. 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. I
3. The proposed amendments address internal inconsistencies and other
issues to update the regulation of wireless communication facilities.
4. 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.
5. The Greater East Wenatchee Area Comprehensive Plan (ITIarch 2006)
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.
6. 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.
7. A completed Environmental Checklist dated September 28, 2009 was
prepared by staff. A threshold determination and environmental review
pursuant to RCW 43.21 C the State Environmental Policy Act was
completed and a Determination of Non -significance was issued on
September 28, 2009. A 14-day comment period was provided. No
comments were received indicating that the proposed text amendment
would result in a probable significant environmental impact.
8. Public testimony was taken at the hearing. The main concerns expressed
were permitting requirements for amateur radio towers, limitations on
signage for amateur radio towers, requirements for painting amateur radio
towers.
CONCLUSIONS
1 . The proposal is consistent with and implements policies in the City of East
Wenatchee Comprehensive Plan.
OrdinanceMb- 135
Exhibit B
Page 1 of 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.
3. It is the determination of the responsible lead agency that no more than a
moderate effect on the environment is a reasonable probability as a resul
of the proposed action. The proper exercise of the threshold determinati
process as required by WAC 197-11 is that an environmental impact
statement is not required to be prepared for this project.
4. The proposed text amendments are consistent with and implement the
goals and policies in the comprehensive plan I
5. Approval of the proposal will not be detrimental to the public health, safety,
and general welfare.
6. 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
Ordinance 2Od1-U�
Exhibit