HomeMy WebLinkAboutOrdinances - 2019-03 - Adopting revised interim regulations amending section 17.43.020 and chapter 17.70, regulating the acceptance of applications for use permits, wireless telecommunications facility permits, repealing Ordinance 2018-13 - 2/5/2019City of East Wenatchee Ordinance 2019-03 Page 1 of 6
City of East Wenatchee, Washington
Ordinance No. 2019-03
An Ordinance of the City of East Wenatchee adopting revised interim
regulations amending section 17.43.020 and chapter 17.70 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 City, to be effective for a period of
eight months, repealing Ordinance 2018-13, declaring an emergency
and providing for severability.
Una Ordenanza de la Ciudad de East Wenatchee adoptando
regulaciones provisionales que enmiendan la sección 17.43.020 y el
capítulo 17.70 del East Wenatchee Municipal regulando la aceptación de
solicitudes de permisos de uso, permisos de instalaciones de
telecomunicaciones inalámbricas, permisos de construcción,
autorizaciones de uso de derecho de vía y franquicias para acceso
inalámbrico instalaciones de comunicación dentro de la Ciudad, que
serán efectivas por un período de ocho meses, derogando la Ordenanza
2018-13, declarando una emergencia y previendo la separación.
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.
City of East Wenatchee Ordinance 2019-03 Page 2 of 6
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 zoning standards applicable to wireless
communication facilities.
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
City of East Wenatchee Ordinance 2019-03 Page 3 of 6
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 Commercial Low
Density Zoning District.
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. The City Council finds that it is in the best interests of the City and its
citizens to impose interim official zoning controls for a period of six months
to provide more time to determine the best alternatives for siting WCF
within the community.
2.19. In accordance with WAC 197-11-880, the adoption of this ordinance is
exempt from the requirements of a threshold determination under the State
Environmental Policy Act.
3. Authority.
3.1. 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.
3.2. RCW 35A.63.220 and RCW 36.70A.390, authorize the City Council to
establish adopt interim regulations.
4. Purpose. The purpose of this interim official zoning control is to allow the City
adequate time to complete the drafting of regulations to promote and protect the
public health, safety and welfare, preserve the aesthetic character of the East
Wenatchee community, adequately address infrastructure planning, and to
reasonably regulate the siting of wireless communications facilities in a manner
City of East Wenatchee Ordinance 2019-03 Page 4 of 6
that addresses the Telecommunications Act of 1996, the Spectrum Act, other
recently adopted FCC rules and orders, changes in technology, local concerns
and efforts to provide the public with access to wireless services for its safety,
convenience and productivity.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS
FOLLOWS:
5. Interim Official Zoning Controls. The City Council hereby enacts interim official
zoning controls for a six-month period to allow permits to be issued for facilities
regulated under provisions that have been updated.
6. Repeal. The City Council hereby repeals Ordinance 2018.04 in its entirety.
7. Amendment 1. The City Council amends section 17.43.020 of the East Wenatchee
Municipal Code as set forth in Exhibit A to this Ordinance.
8. Amendment 2. The City Council amends chapter 17.70 of the East Wenatchee Municipal
Code as set forth in Exhibit B to this Ordinance.
9. Findings of Fact. The City Council adopts the Recitals stated above as well as the findings
of fact and conclusion of law as set forth in Exhibit C to this Ordinance. The Council may
adopt additional findings in the event that additional public hearings are held
or evidence is presented to the City Council.
10. Work Plan. The City Council adopts the Wireless Communication Facility (WCF)
Code Update-Work Plan as set forth in Exhibit D to this Ordinance. The
schedule listed in the Work Plan may be accelerated as needed to complete the
project prior to November 5, 2019.
11. Public hearing. The City Council shall hold a duly advertised public hearing on
March 5, 2019 regarding the interim regulations.
12. Duration/Renewal. The interim regulations imposed by the Ordinance shall be
effect for a period of six months from the date this ordinance is passed and shall
automatically expire at the conclusion of that six-month period unless extended
as provided for in RCW 35A.63.220 and RCW 36.70A.390, or unless terminated
sooner by the City Council. To remain in effect, however, the City Council must
hold a public hearing regarding this Ordinance within 60 days of adoption.
13. Savings Clause. Ordinance 2018-13, which is repealed by this ordinance, shall
remain in force and effect until the effective date of this ordinance.
14. 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.
Ordinance 2019-03 Exhibits A-D
Page 1
Exhibit A
Amendment 1. The City Council amends Section 17.43.020 of the East Wenatchee
Municipal Code 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:
Ordinance 2019-03 Exhibits A-D
Page 2
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;
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.
Ordinance 2019-03 Exhibits A-D
Page 3
Exhibit B
Amendment 2. The City Council amends chapter 17.70 of the East Wenatchee
Municipal Code to read as follows.
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 dishes.
17.70.070 Large satellite dish antenna(s) – Development standards.
17.70.080 Broadcast and relay towers – Development standards.
17.70.085 Collocation of Antennas, Distributed Antenna Systems and Small Cells
17.70.087 Distributed Antenna Systems (DAS) and Small Cells.
17.70.090 Wireless communications facilities – Development standards.
17.70.100 General siting criteria.
17.70.110 Abandonment.
17.70.120 Fees – Wireless communications permit fees.
17.70.130 Independent Technical Review
17.70.140 Exception from Standards
17.70.150 Eligible Facilities Modifications
17.70.160 Indemnification
17.70.010 Purpose.
The purpose of this chapter 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 chapter. The goals
of this 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-locationcollocation 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;
Ordinance 2019-03 Exhibits A-D
Page 4
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.
J. To implement Section 6409 of the “Middle Class Tax Relief and Job Creation Act of
2012” (the “Spectrum Act”) (PL-112-96; codified at 47 U.S.C. Section 1455(a)) which
requires the city to approve any eligible facilities request for a modification of an
existing tower or base station that does not substantially change the physical
dimensions of such tower or base station.
K. To implement the FCC rules set forth at 47 C.F.R. Part 1 (Part 1 – Practice and
Procedure), new Subpart CC Section 1.40001 (Wireless Facility Modifications),
which rules implement Section 6409 of the Spectrum Act.
(Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002)
17.70.020 Relationship to other ordinances.
A. Where allowed by law, this chapter 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 for a 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. (Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002)
17.70.030 Definitions.
A. “Antenna(s)” 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, which includes, but is not limited to the facilities listed below. The
antenna array does not include the support structure (defined in subsection N GG of
this section).
1. Whip antenna(s): An omni-directional antenna, which transmits and receives
radio frequency signals in a 360-degree radial pattern, typically four inches or
less in diameter. “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. Panel antenna(s): A directional antenna which transmits and receives radio
frequency signals in a specific directional pattern, typically of up to 120 degrees.
These antennas are generally narrow (i.e., less than eight inches wide) and
rectangular in shape. “Directional (or “panel”) antennas” which transmit and
receive radio frequency signals in a specific directional pattern of less than 360
degrees; and
Ordinance 2019-03 Exhibits A-D
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3. Parabolic (or dish) antenna(s): A bowl-shaped device for the reception and/or
transmission of communications signals in a narrow and specific direction.
“Parabolic (or “dish”) antennas” which are bowl-shaped devices for the reception
and/or transmission of communications signals in a specific directional pattern.
4. Tubular antenna(s): A hollow tube typically 26 inches, or less, in diameter
containing either omni-directional or directional antennas, depending on the
specific site requirement. Tubular antennas are often used as a means to
mitigate the appearance of antennas on top of light standards and power poles.
3.5. Ancillary antenna(s): An antenna that is less than 12 inches in its largest
dimension and that is not directly used to provide personal wireless
communications services. An example would be a global positioning satellite
(GPS) antenna.
4.B. “Antenna Array” means a single or group of antenna elements and associated
mounting hardware, transmission lines, or other appurtenances which share a
common attachment device such as a mounting frame or mounting support structure
for the sole purpose of transmitting or receiving electromagnetic waves.
B.C. “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 facility which may be located either
inside or outside of the attachment structure. An attachment structure shall not
include an existing or proposed WCF.
D. “Base Station” means a structure or equipment at a fixed location that enables
Commission-licensed or authorized wireless communications between user
equipment and a communications network. The term does not encompass a tower
as defined in this chapter or any equipment associated with a tower.
1. 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.
2. 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).
3. The term includes any structure other than a tower that, at the time the relevant
application is filed with the City under this section, supports or houses equipment
described in this section that has been reviewed and approved under the
applicable zoning or siting process, or under Washington or local regulatory
review process, even if the structure was not built for the sole or primary purpose
of providing such support.
Ordinance 2019-03 Exhibits A-D
Page 6
4. The term does not include any structure that, at the time the relevant application
is filed with Washington or the City under this section, does not support or house
equipment described in this section.
C.E. “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.
F. “Camouflaged” means a WCF that is designed to blend into the surrounding
environment through the use of shape, color and texture to cause an object to
visually appear to become a part of something else. Examples of camouflaged
facilities may include architecturally screened roof-mounted antennas, building-
mounted antennas painted to match the existing structure, towers made to look like
trees, and antenna support structures designed to look like flagpoles or light poles.
G. “Carrier on Wheels or Cell on Wheels” or “COW” means a portable self-contained
WCF that can be moved to a location and set up to provide wireless services on a
temporary or emergency basis. A COW is normally vehicle-mounted and contains a
telescoping boom as the antenna support structure.
H. “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.
D.I. “Cell site” means a tract or parcel of land or building that contains the WCF
including any antenna, antenna support structure, accessory buildings, access
driveway and associated parking, and may include other uses associated with and
ancillary to wireless services.
J. “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. “Co-locationCollocation/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.
K. “Commission” means the Federal Communications Commission (“FCC”).
E.L. ”Concealment” means fully hidden from view. For example, a WCF is concealed
when it is completely hidden or contained within a structure, such as a building, wall,
roof or pole.
M. “Distributed Antenna System” or “DAS” means a network consisting of transceiver
equipment at a central hub site to support multiple antenna locations throughout the
desired coverage area.
Ordinance 2019-03 Exhibits A-D
Page 7
N. “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:
1. Collocation of new transmission equipment;
2. Removal of transmission equipment; or
3. Replacement of transmission equipment.
F.O. “Equipment structure or enclosure”: means a facility, shelter, cabinet or vault
used to house and protect electronic or other associated equipment necessary for
processing wireless communications signals. “Associated equipment” may include,
for example, air conditioning, backup power supplies and emergency generators.
“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.
P. “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
City under this section.
Q. “FAA” means the Federal Aviation Administration.
G.R. “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.
S. “Macrocell” means a tower or an attached wireless communication facility which
consists of antennas equal to or less than 15 feet in height or a parabolic antenna up
to one meter (39.37 inches) in diameter and with an area not more than 75 square
feet in the aggregate as viewed from any one point.
H.T. “Microcell” shall mean a wireless communication facility consisting of an antenna
that is either:
1. Four feet in height and with an area of not more than 580 square inches; or
2. If a tubular antenna, no more than four inches in diameter and no more than six
feet in length.
U. “Nonresidential” or “nonresidential zone”: means all portions of the City (including
rights-of-way adjacent thereto, measured to the centerline of the right-of-way) in an
area not zoned residential as defined in this chapter.
I.V. “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.W. “Personal wireless services facilities” shall mean facilities for the provision of
personal wireless services.
X. “Pole” shall mean a legally constructed pole, such as a utility, lighting, traffic signal
or similar pole made of wood, concrete, metal or other material, located or to be
Ordinance 2019-03 Exhibits A-D
Page 8
located within the public right of way. A pole does not include a tower or support
structure.
Y. “Public right of way” shall mean the area on, below, or above property that has been
designated for use as or is used for a public street, sidewalk, alley or similar
purpose, and for purposes of this chapter shall include public utility easements, but
only to the extent the City has the authority to permit use of the area for
communications facilities. The term does not include a state or federal highway or
other areas that are not within the legal jurisdiction, ownership or control of the City.
Z. “Reception window obstruction” shall mean a physical barrier which would block an
electromagnetic signal.
K.AA. “Replace” or “Replacement” shall mean, in connection with an existing pole or
support structure to replace the same with a new structure or pole, substantially
similar in design, size and scale to the existing structure in conformance with this
chapter and other applicable City regulations, in order to address limitations of the
existing structure to structurally support collocation or placement of a
communications facility.
BB. “Residential property” means all portions of any property which contains a
residence and all any vacant property which has been designated for residential use
in an approved mixed use project.
CC. “Residential zone” shall include the R-L, R-M, and R-H Zoning Districts and
rights-of-way adjacent to each of the aforementioned zones, measured to the
centerline of the right-of-way.
L.DD. “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 antennas:
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 is
less than or equal to one meter located in any zoning district or two meters within
industrial or commercial zones.
EE. "Small cell facility" means a personal wireless services facility that meets both of
the following qualifications:
1. Each antenna is located inside an antenna enclosure of no more than three cubic
feet in volume or, in the case of an antenna that has exposed elements, the
antenna and all of its exposed elements could fit within an imaginary enclosure of
no more than three cubic feet; and
2. Primary equipment enclosures are no larger than seventeen cubic feet in volume.
The following associated equipment may be located outside the primary
equipment enclosure and if so located, are not included in the calculation of
Ordinance 2019-03 Exhibits A-D
Page 9
equipment volume: Electric meter, concealment, telecomm demarcation box,
ground-based enclosures, battery back-up power systems, grounding equipment,
power transfer switch, and cut-off switch.
FF."Small cell network" means a collection of interrelated small cell facilities designed to
deliver personal wireless services.
M.GG. “Stealth design or technology” means technology that minimizes the visual
impact of wireless communications facilities by camouflaging, disguising, screening,
and/or blending into the surrounding environment. Examples of stealth design
include but are not limited to facilities disguised as trees, flagpoles, bell towers, light
poles, pole signs, sculpture, and architecturally screened roof-mounted antennas.
means a wireless facility that mimics something in the surrounding landscape, such
as trees, flag poles, etc., and is unrecognized as a tower or antennas. The design is
intended to be compatible with the environmental and cultural character of the
surrounding area.
“Street pole” means telephone, electric, or light pole located in a developed street
right of way.
HH. “Substantial Cchange” means a modification substantially changes the physical
dimensions of an eligible support structure if it meets any of the following criteria:
1. For towers other than towers in the public rights-of-way, it increases the height of
the tower by more than 10% or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed twenty feet,
whichever is greater; for other eligible support structures, it increases the height
of the structure by more than 10% or more than ten feet, whichever is greater;
2. 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 twenty 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;
3. 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 pre-existing ground cabinets associated with the structure, or else
involves installation of ground cabinets that are more than 10% larger in height or
overall volume than any other ground cabinets associated with the structure;
4. It entails any excavation or deployment outside the current site;
5. It would defeat the concealment elements of the eligible support structure; or
6. 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
Ordinance 2019-03 Exhibits A-D
Page 10
modification that is non-compliant only in a manner that would not exceed the
thresholds identified in paragraphs (g)(i)-(g)(iv) of this section.
7. For purposes of this section, changes in height should be 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 should be 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. 47 CFR §
1.40001(b)(7)(i)(A).
N.II. “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 (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.JJ. “Temporary wireless communication facility” shall mean a WCF to be placed in
use for 90 or fewer days, is not deployed in a permanent manner, and does not have
a permanent foundation.
P.KK. “Tower, guyed” shall mean a tower that is supported, in whole or in part, by wires
and ground anchors.
Q.LL. “Tower, lattice” shall mean a type of tower that is self-supporting with multiple
legs and cross bracing of structural metal.
R.MM. “Tower, monopole” shall mean a type of tower mount that is self-supporting
through a single shaft usually constructed of wood, metal or concrete.
S.NN. “Tower or wireless communications tower” shall mean any structure built for the
sole or primary purpose of supporting any Commission-licensed, Commission-
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 fixed wireless services
such as microwave backhaul, and the associated site. 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.
OO. “Tower Height” means the vertical distance measured from the base of the tower
structure at grade to the highest point of the structure including the antenna.
PP. “Wireless communication facility (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
(SMR), 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
Ordinance 2019-03 Exhibits A-D
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communication facility consists of antenna(s) and related equipment and may
include an equipment enclosure, screening, or a support structure. (Ord. 10-03 § 3 (Exh.
A), 2010; Ord. 02-22 § 18, 2002)
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 of this
section, 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 co-locate 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 required. All information listed in EWMC
17.70.050(A) through (H) shall be submitted along with a completed wireless
communications facility permit application form.
3. Combined Review. Communication facilities regulated under this chapter 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 17.70.050(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 or 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 chapter:
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 eight 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
Ordinance 2019-03 Exhibits A-D
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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 I
of the Federal Communications Commission of September 1985, and RCW
32.51A.260, a licensed amateur radio operator may locate a tower in any zoning
district without first obtaining any permits from the city, provided the following
requirements are met:
a. The tower shall not exceed a height of 70 feet;
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 three-quarters of its height from any property 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
one-third of its height from any property line;
g. No signs shall be used in conjunction with the tower, except for one sign not
larger 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 purposes; and
i. All towers must meet all applicable state and federal statutes, rules and
regulations.
7. Emergency communications equipment during a declared public emergency
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.
Ordinance 2019-03 Exhibits A-D
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9. Antennas and related equipment no more than three 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 days after the end of the event.
C. Summary of Required Permits.
1. All WCF permits require site plan review and approval pursuant to Chapter 17.80
EWMC.
2. A building permit only is required for the following WCF (Type IB or IIA):
a. Industrial, scientific and medical equipment using frequencies regulated by
the Federal Communications Commission.
b. Wireless communication facilities which co-locate on an existing broadcast
and relay tower, where adequate provisions for antennas and ground-mounted
equipment exist.
c. Temporary WCF for a term not to exceed 90 days, with a possible 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 subsection (C)(2) of this section. (Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002)
17.70.050 Application materials.
In addition to the requirements of EWMC Title 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 subsections A through D of this section and large satellite dish antenna
applicants shall submit a building permit application and subsections A through D and G
of this section.
A. If the applicant is not the owner of the property, the property owner shall sign an
Ownership Certificate demonstrating that they are granting approval to the applicant to
obtain the necessary permit(s). 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.
Ordinance 2019-03 Exhibits A-D
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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 by 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 plans may be submitted on paper larger than 11 by 17 inches,
provided an 11-by-17-inch set must accompany the larger plans.
E. A color visual analysis that includes a to-scale photo simulation of the proposed
facility that shows unobstructed before-and-after construction daytime and clear-
weather views from at least four angles, together with a map that shows the location of
each view. 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. The fees, costs, or contractual provisions required by the owner in order to share
an existing tower or structure or to adapt an existing tower or structure for sharing
are unreasonable. Costs exceeding new tower development are presumed to be
unreasonable.
6. The 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:
Ordinance 2019-03 Exhibits A-D
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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 nonresidential
properties.
H. A written statement by the applicant stating that the tower:
1. 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
2. Will accommodate co-locationcollocation of additional antennas for future users. If
accommodation of future co-locationcollocation is not proposed, information must be
submitted with the application detailing why future co-locationcollocation is not
possible.
I. 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 an 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 43.21C.384, as amended. (Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-
22 § 18, 2002)
17.70.060 General development standards for all WCF, broadcast and relay
towers, Small Cell and DAS, and satellite dishes.
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 chapter, 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.
Ordinance 2019-03 Exhibits A-D
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C. Legal Access. All WCF 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. Landscaping. 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. The Administrator may grant a waiver from the required landscaping based
on findings that a different requirement would better serve the public interest.
E. Stealth Design. 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 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.
1. Stealth and concealment techniques must be appropriate given the proposed
location, design, visual environment, and nearby uses, structures, and natural
features.
2. Stealth design shall be designed and constructed to substantially conform to
surrounding building designs or natural settings, so as to be visually unobtrusive.
3. Stealth design that relies on screening wireless communications facilities in order
to reduce visual impact must screen all substantial portions of the facility from
view.
4. Stealth and concealment techniques do not include incorporating faux-tree
designs of a tree species that is not native to the Pacific Northwest or North
Central Washington.
F. Minimum Setbacks. Setback requirements for facilities subject to this 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 chapter, facilities subject to this chapter
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 WCF are exempt from the setback standards of this chapter. An
attached WCF may extend up to five feet horizontally beyond the edge of the
attachment structure so long as the attached WCF and all antennas maintains a
five-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,
Ordinance 2019-03 Exhibits A-D
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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 chapter.
H. Fencing. Any fencing required for security shall meet the general fencing
requirements of the city. No barbed wire fences, electrical fences, razor wire or
concertina wire are permitted in any zone.
I. Illumination. Facilities subject to this 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 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 chapter shall be used in such a manner to support or display
any outdoor signage or banners for any commercial or advertisement purposes.
K. WCFs in the public rights-of-way.
1. Preferred locations. Facilities shall be located as far from residential uses as
feasible, and on streets classified as collector or arterial to the extent feasible.
Facilities in the rights-of-way shall maintain at least a 200 foot separation from other
wireless facilities, except when collocated or on opposite sides of the same street.
DAS or Small Cell facilities are exempt from this separation requirement.
2. Pole-mounted or tower-mounted equipment. All pole-mounted and tower-mounted
transmission equipment shall be mounted as close as possible to the pole or tower
to reduce the overall visual profile to the maximum extent feasible. All pole-mounted
and tower-mounted transmission equipment shall be painted with flat, non-reflective
colors that blend with the visual environment.
3. Prior to submitting for a building permit, all applicants for WCFs proposed to be
located within the right-of-way must have a valid municipal master permit, municipal
franchise, or exemption otherwise granted by applicable law, to the extent consistent
with RCW 35.21.860
Ordinance 2019-03 Exhibits A-D
Page 18
L. Towers shall maintain a minimum spacing of one-half mile, unless it can be
demonstrated that physical limitations (such as topography, terrain, tree cover or
location of buildings) in the immediate service area prohibit adequate service by the
existing facilities or that collocation is not feasible.
M. 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 1,250 feet at a horizontal distance of 5,000 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 seven to one
slope meeting the horizontal surface at 150 feet above the elevation of the airport.
3. Horizontal Surface. The horizontal surface begins by swinging arcs of 5,000 feet
from the center end of the runway surface creating an elongated oval above the
runway. The height of the horizontal surface is 150 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 4,000 feet at a slope of 20 to one
with an initial elevation of 150 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.
LN. Federal Requirements. All wireless communications facilities shall meet or exceed
the standards and regulations of the Federal Aviation Administration (FAA), the Federal
Communications 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 chapter shall
bring such facility into compliance with such revised standards and regulations with six
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 2019-03 Exhibits A-D
Page 19
Pangborn Airport Overlay Parcels Exhibit Map.
(Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002)
17.70.070 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 their setting.
Ordinance 2019-03 Exhibits A-D
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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 Nonresidential Zones – Large 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 the height requirements 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 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 requirements of the district within which they are
located. Height shall be measured from the average grade of the structure to the
highest point of the antenna.
b. Should 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
Ordinance 2019-03 Exhibits A-D
Page 21
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. (Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002)
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
Ordinance 2019-03 Exhibits A-D
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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, CBD and CBD C-L
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. (Ord. 10-03 § 3
(Exh. A), 2010; Ord. 02-22 § 18, 2002. Formerly 17.70.090)
E. Guyed wire or lattice towers are not permitted.
17.70.085 Collocation of Antennas, Distributed Antenna Systems and Small Cells.
A. To the extent not otherwise covered by Chapter 17.70.150 (Eligible Facilities
Requests), collocation and new wireless communication antenna arrays are
permitted in all zones via administrative approval provided that they are attached to
or inside of an existing structure (except on the exterior of pole signs or anywhere on
a billboard) that provides the required clearances for the array’s operation without
the necessity of constructing a tower or other apparatus to extend the antenna array
more than 15 feet above the structure.
B. Installation requires the granting of development permits prescribed by title 15
EWMC.
C. For antenna arrays and WCF on City-owned property, the execution of necessary
right of way use agreements is also required.
Ordinance 2019-03 Exhibits A-D
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D. If any support structure must be replaced or extended to achieve the needed
elevation or if the attachment adds more than 15 feet above the existing structure, or
the minimum necessary to achieve required electrical clearances, the proposal is
subject to Type II review. The limitation to 15 feet applies to cumulative increases
and any previously approved additions to height made under this section must be
included in its measurement.
E. WCF attached to residential structures are not permitted in any zoning district.
F. Any equipment shelter or cabinet and other ancillary equipment are subject to the
general development standards of EWMC 17.70.0790.
17.70.087 Distributed Antenna Systems (DAS) and Small Cells.
A. The City encourages, but it does not require, the use of DAS and small cells.
B. DAS and Small Cells are allowed in all zoning districts.
C. DAS and small cells are subject to approval via administrative review only unless
their installation requires the construction of a new utility support structure or
building. Type II review is required when the applicant proposes a new utility support
structure or building.
D. Where feasible, cable and/or conduit shall be routed through the inside of any utility
pole, or other support structure. Where this is not feasible, or where such routing
would result in a structure of a substantially different design or substantially greater
diameter than that of other similar structures in the vicinity or would otherwise
appear out of context with its surroundings, the City may allow or require that the
cable or conduit be placed on the outside of the structure. The outside cable or
conduit shall be the color of the utility pole, or other support structure, and the City
may require that the cable be placed in conduit.
E. Multiple Site DAS and Small Cells.
1. A single permit may be used for multiple distributed antennas that are part of a
larger overall DAS network.
2. A single permit may be used for multiple small cells spaced to provide wireless
coverage in a contiguous area.
F. Only one facility shall be permitted on any street pole.
G. The antenna and related components must be the same color as the existing
building, pole or support structure on which it is proposed to be located.
H. The shelter or cabinet used to house radio electronic equipment and the associated
connecting cabling shall be contained wholly within the pole, a building or structure,
or otherwise appropriately concealed, camouflaged or located underground.
I. If a replacement pole is necessary for placement of a DAS or small cell, the
replacement pole shall be located as near as possible to the existing pole with the
requirement to remove the abandoned pole.
J. The preferred location for a pole-mounted small cell facility is the location with the
least visible impact.
Ordinance 2019-03 Exhibits A-D
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K. DAS or small cells are not permitted on traffic signal poles.
L. Any electrical service upgrades necessary to support small cells or DAS deployment
shall be at the expense of the applicant.
M. DAS or Small cell facilities attached to existing or replacement non-wooden light
poles and other non-wooden poles in the right-of-way or poles outside of the right-of-
way shall conform to the following design criteria:
1. Antennas and the associated equipment enclosures shall be sited and installed
in a manner which minimizes the visual impact on the streetscape by fully
concealing the antennas and associated equipment. This requirement shall be
applied in a manner that neither dictates the technology employed by the service
provider nor unreasonably impairs the technological performance of the
equipment chosen by the service provider.
2. All conduit, cables, wires, and fiber must be routed internally in the light pole.
Electrical wiring shall be separated from communication wiring via interduct or
other means that comply with state and federal electrical codes. Full
concealment of all conduit, cables, wires, and fiber is required within mounting
brackets, shrouds, canisters, or sleeves if attaching to exterior antennas or
equipment. When electrical service is to be supplied by the city, as the pole
owner, the city may require an electrical meter-grade control module to track the
additional small cell electrical use.
3. An antenna on top of an existing pole may not extend more than 6 feet above the
height of the existing pole and the diameter may not exceed 16 inches,
measured at the top of the pole, unless the applicant can demonstrate that more
space is needed. Except for canister antennas, the antennas shall be integrated
into the pole design so that it appears as a continuation of the original pole,
including being colored or painted to match the pole, and shall be shrouded or
screened to blend with the pole. All cabling and mounting hardware/brackets
from the bottom of the antenna to the top of the pole shall be fully concealed and
integrated with the pole.
4. If the use of the pole requires a replacement pole, the replacement pole shall
substantially conform to the design of the pole it is replacing or the neighboring
pole design standards utilized within the contiguous right-of-way. A mock-up of a
prototype for the replacement pole shall be submitted for review and approval by
the City prior to final pole construction and deployment. The Administrator may
waive this requirement when the applicant establishes that an identical small cell
facility has been successfully installed in another local jurisdiction on a non-
wooden pole identical to that approved for use by the city.
5. The height of any replacement pole may not extend more than 10 feet above the
height of the existing pole.
6. The use of the pole for the siting of a small cell facility shall be considered
secondary to the primary function of the pole. If the primary function of a pole
serving as the host site for a small cell facility becomes unnecessary, the pole
Ordinance 2019-03 Exhibits A-D
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shall not be retained for the sole purpose of accommodating the small cell facility,
and the small cell facility and all associated equipment shall be removed.
7. Deviations from this subsection are permitted when required to address the pole
owner’s requirements for adequate safety clearance and other design standards,
so long as the deviation is the minimum necessary to comply with the pole
owner’s safety and design standards.
N. DAS or Small cell facilities attached to wooden poles shall conform to the following
design criteria:
1. The wooden pole at the proposed location may be replaced with a taller pole for
the purpose of accommodating a small cell facility; provided, however, that the
replacement pole shall be no more than 10 feet taller than the existing pole,
unless a height increase is required to provide sufficient separation and/or
clearance from electrical and wireline facilities.
2. Replacement wooden poles may either match the approximate color and
materials of the replaced pole or shall be the standard new wooden pole used by
the pole owner.
3. A pole extender may be used instead of replacing an existing pole and shall not
increase the height of the existing pole by more than 10 feet, unless a further
height increase is required to provide sufficient separation and/or clearance from
electrical and wireline facilities. A “pole extender” as used herein is an object
affixed between the pole and the antenna for the purpose of increasing the height
of the antenna above the pole. The pole extender shall be painted to match the
color of the pole and shall substantially match the diameter of the pole measured
at the top of the pole.
4. Antennas, equipment enclosures, and all ancillary equipment, boxes, and conduit
shall be colored or painted to match the approximate color of the surface of the
wooden pole on which they are attached.
5. Panel antennas shall not be mounted more than 12 inches from the vertical
surface of the wooden pole.
6. Antennas should be placed in a manner that minimizes visual clutter and
obtrusiveness. Multiple antennas are permitted on a wooden pole provided that
each antenna enclosure shall not be more than 3 cubic feet in volume, with a
cumulative total antenna volume not to exceed 12 cubic feet.
7. A canister antenna may be mounted on top of a wooden pole, which may no
more than 10 feet taller than the existing pole. A canister antenna mounted on
the top of a wooden pole shall not exceed 16 inches in diameter, measured at
the top of the pole, and shall be colored or painted to match the pole. The
intention is that the canister antenna appear to be an extension of the pole. As an
alternative, the applicant may propose a side mounted canister antenna, so long
as the inside edge of the antenna is no more than 12 inches from the surface of
the wooden pole. All cables shall be concealed either within the canister antenna
or within a sleeve between the antenna and the wooden pole.
Ordinance 2019-03 Exhibits A-D
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8. An omnidirectional antenna may be mounted on the top of an existing wooden
pole, provided such antenna is no more than 4 feet in height and is mounted
directly on the top of the pole or attached to a sleeve made to look like the
exterior of the pole that is as close to the top of the pole as technically feasible.
All cables shall be concealed within the sleeve between the bottom of the
antenna and the mounting bracket.
9. All related equipment, including but not limited to ancillary equipment, radios,
cables, associated shrouding, microwaves, and conduit, that are mounted on
wooden poles shall not be mounted more than six inches from the surface of the
pole, unless a further distance is technically required, and is confirmed in writing
by the pole owner.
10. Equipment for small cell facilities must be attached to the wooden pole or located
in an underground vault. The equipment must be placed in the smallest
enclosure possible for the intended purpose. The equipment enclosure may not
exceed 17 cubic feet.
11. An applicant who desires to enclose its antennas and equipment within a unified
enclosure may do so, provided that such unified enclosure does not exceed 4
cubic feet. To the extent possible, the unified enclosure shall be placed to appear
as an integrated part of the pole. The unified enclosure may not be placed more
than 6 inches from the surface of the pole, unless a further distance is technically
required and confirmed in writing by the pole owner.
12. The visual effect of the small cell facility on all other aspects of the appearance of
the wooden pole shall be minimized to the greatest extent possible.
13. The use of the wooden pole for the siting of a small cell facility shall be
considered secondary to the primary function of the pole. If the primary function
of a pole serving as the host site for a small cell facility becomes unnecessary,
the pole shall not be retained for the sole purpose of accommodating the small
cell facility and the small cell facility and all associated equipment shall be
removed.
14. All cables and wires shall be routed through conduit along the outside of the pole.
The outside conduit shall be colored or painted to match the pole. The number of
conduits shall be minimized to the number technically necessary to
accommodate the small cell.
15. If electrical service is to be supplied by the pole owner the owner may require an
electrical meter-grade control module to track the additional small cell electrical
use.
O. DAS or Small cell facilities attached to existing buildings shall conform to the
following design criteria:
1. Small cell facilities may be mounted to the sides of a building if the antennas do
not interrupt the building’s architectural theme.
2. The interruption of architectural lines or horizontal or vertical reveals is
discouraged.
Ordinance 2019-03 Exhibits A-D
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3. New architectural features such as columns, pilasters, corbels, or other
ornamentation that conceal antennas may be used if it complements the
architecture of the existing building.
4. Small cells shall utilize the smallest mounting brackets necessary to provide the
smallest offset from the building.
5. Skirts or shrouds shall be utilized on the sides and bottoms of antennas to
conceal mounting hardware, and to minimize the visual impact of the antennas.
Exposed cabling/wiring is prohibited.
6. Small cell facilities shall be painted and textured to match the adjacent building
surfaces.
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);
Ordinance 2019-03 Exhibits A-D
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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
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
Ordinance 2019-03 Exhibits A-D
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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:
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)
Ordinance 2019-03 Exhibits A-D
Page 30
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. (Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18,
2002. Formerly 17.70.100)
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 CBD and CBDC-L.
5. Residential zones: structures which are not used for residential purposes such as
institutional structures and other nonresidential sites and structures may be
Ordinance 2019-03 Exhibits A-D
Page 31
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. (Ord. 10-03 § 3 (Exh. A),
2010; Ord. 02-22 § 18, 2002. Formerly 17.70.110)
17.70.110 Abandonment.
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, thatapplicant that the site will be subject to a determination
that such site has been abandoned. The owner shall have 30 days from receipt of said
notice to show, by a preponderance of the evidence, thatevidence 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 90 days, dismantle and remove the wireless telecommunication
facility. If such facility is not removed within said 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.
(Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002. Formerly 17.70.120)
17.70.120 Fees – 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.
1. Broadcast and relay tower facility application fee: $1,000
2. Up to 5 small cell or DAS facilities $500 with an additional $100 for each
additional small cell or DAS facility.
A.3. Other wireless communications facilities application fee: $500
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.
17.70.130 Independent Technical Review.
A. Although the City intends for City staff to review administrative matters to the extent
feasible, the City may retain the services of an independent, radio frequency
technical expert to provide technical evaluation of permit applications for WCFs,
Ordinance 2019-03 Exhibits A-D
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including administrative and conditional use permits. Based upon the results of the
third party review, the City may require changes to the application to comply with the
recommendations of the expert. The technical expert review may include, but is not
limited to
1. the accuracy and completeness of the items submitted with the application;
2. the applicability of analysis and techniques and methodologies proposed by the
applicant;
3. the validity of conclusions reached by the applicant; and
4. whether the proposed WCF complies with the applicable approval criteria set
forth in this chapter.
B. The selection of the third party expert shall be by mutual agreement between the
applicant and the City, and such agreement shall not be unreasonably withheld by
either party. The third party expert shall have recognized training and qualifications
in the field of radio frequency engineering.
C. The applicant shall pay the cost for any independent consultant fees, through a
deposit, estimated by the City, paid within ten (10) days of the City’s request. When
the City requests such payment, the application shall be deemed incomplete for
purposes of application processing timelines. In the event that such costs and fees
do not exceed the deposit amount, the City shall refund any unused portion within
thirty (30) days after the final permit is released or, if no final permit is released,
within thirty (30) days after the City receives a written request from the applicant. If
the costs and fees exceed the deposit amount, the applicant shall pay the difference
to the City before the permit is issued.
17.70.140 Exception from Standards.
A. No WCF shall be used or developed contrary to any applicable development
standard unless an exception has been granted pursuant to this Section. These
provisions apply exclusively to WCFs and are in lieu of the generally applicable
variance and design deviation provisions in EWMC Title 17, provided this section
does not provide an exception from this chapter’s visual impact and stealth design
requirements or the approval criteria set forth in Section 17.70.080.
B. Procedure Type. A wireless communications facility exception is a Type III
procedure.
C. Submittal Requirements. In addition to the general submittal requirements for a Type
III application, an application for a wireless communication facility exception shall
include:
1. A written statement demonstrating how the exception would meet the criteria.
2. A site plan that includes:
a. Description of the proposed facility’s design and dimensions, as it would
appear with and without the exception.
b. Elevations showing all components of the wireless communication facility as it
would appear with and without the exception.
Ordinance 2019-03 Exhibits A-D
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c. Color simulations of the wireless communication facility after construction
demonstrating compatibility with the vicinity, as it would appear with and
without the exception.
D. Criteria. An application for a wireless communication facility exception shall be
granted if the following criteria are met:
1. The exception is consistent with the purpose of the development standard for
which the exception is sought.
2. Based on a visual analysis, the design minimizes the visual impacts to residential
zones through mitigating measures, including, but not limited to, building heights,
bulk, color, and landscaping.
3. The applicant demonstrates the following:
a. A significant gap in the coverage, capacity, or technologies of the service
network exists such that users are regularly unable to connect to the service
network, or are regularly unable to maintain a connection, or are unable to
achieve reliable wireless coverage within a building;
b. The gap can only be filled through an exception to one or more of the
standards in this chapter; and
c. The exception is narrowly tailored to fill the service gap such that the wireless
communication facility conforms to this chapter’s standards to the greatest
extent possible.
4. Exceptions in Residential Zones. For a new tower proposed to be located in a
residential zone or within 150 feet of a residential zone, unless the proposal
qualifies as a preferred location on City-owned or operated property or facilities
under EWMC 17.70.050(B)(3), the applicant must also demonstrate that the
manner in which it proposes to fill the significant gap in coverage, capacity, or
technologies of the service network is the least intrusive on the values that this
chapter seeks to protect.
17.70.150 Eligible Facilities Modifications.
A. Application. The department shall prepare and make publicly available an
application form which shall be limited to the information necessary for the
department to consider whether an application is an Eligible Facilities Request. The
application may not require the applicant to demonstrate a need or business case for
the proposed modification.
B. Type of Review. Upon receipt of an application for an Eligible Facilities Request
pursuant to this section, the department shall review such application to determine
whether the application qualifies under this section.
C. Timeframe for Review. Within 60 days of the date on which an applicant submits an
application seeking approval under this section, the department shall approve the
application unless it determines that the application is not covered by this section.
D. Tolling of the Timeframe for Review. The 60-day review period begins to run when
the application is filed, and may be tolled only by mutual agreement by the
Ordinance 2019-03 Exhibits A-D
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department and the applicant, or in cases where the department determines that the
application is incomplete. The timeframe for review is not tolled by a moratorium on
the review of applications.
1. To toll the timeframe for incompleteness, the department must provide written
notice to the applicant within 30 days of receipt of the application, specifically
delineating all missing documents or information required in the application.
2. The timeframe for review begins running again when the applicant makes a
supplemental submission in response to the department’s notice of
incompleteness.
3. Following a supplemental submission, the department will notify the applicant
within 10 days that the supplemental submission did not provide the information
identified in the original notice delineating missing information. The timeframe is
tolled in the case of second or subsequent notices pursuant to the procedures
identified in paragraph (d) of this section. Second or subsequent notices of
incompleteness may not specify missing documents or information that were not
delineated in the original notice of incompleteness.
E. Interaction with Section 332(c)(7). If the department determines that the applicant’s
request is not covered by Section 6409(a) as delineated under this section, the
presumptively reasonable timeframe under Section 332(c)(7), as prescribed by the
FCC’s Shot Clock order, will begin to run from the issuance of the department’s
decision that the application is not a covered request. To the extent such information
is necessary, the department may request additional information from the applicant
to evaluate the application under Section 332(c)(7), pursuant to the limitations
applicable to other Section 332(c)(7) reviews.
F. Failure to Act. In the event the department fails to approve or deny a request
seeking approval under this section within the timeframe for review (accounting for
any tolling), the request shall be deemed granted. The deemed grant does not
become effective until the applicant notifies the applicable reviewing authority in
writing after the review period has expired (accounting for any tolling) that the
application has been deemed granted.
17.70.160 Indemnification.
Each permit issued shall have as a condition of the permit a requirement that the
applicant defend, indemnify and hold harmless the City and its officers, agents,
employees, volunteers, and contractors from any and all liability, damage, or charges
(including attorneys’ fees and expenses) arising out of claims, suits, demands, or
causes of action as a result of the permit process, granted permit, construction,
erection, location, performance, operation, maintenance, repair, installation,
replacement, removal, or restoration of the WCF on City property or in the public right-
of-way.
Ordinance 2019-03 Exhibits A-D
Page 35
Exhibit C
Section 9. Findings of Fact and Conclusions of Law.
9.1 Findings of Fact
1. 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.
2. 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.
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 (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.
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. The proposed amendments are intended to implement Section 6409 of the
“Middle Class Tax Relief and Job Creation Act of 2012” (the “Spectrum Act”) (PL-
112-96; codified at 47 U.S.C. Section 1455(a)).
8. The Federal Communication Commission (FCC) issued a 2-part Declaratory
Ruling that took effect on January 14, 2019 with the intent to streamline the
deployment of mobile communication system infrastructure, specifically 4G and
5G technology.
9.2 Conclusions of Law
1. The proposal is consistent with and implements policies in the City of East
Wenatchee Comprehensive Plan.
2. The proposed standards are consistent with the limitations on local government
control of wireless communication facilities within the Telecommunications Act of
1996.
Ordinance 2019-03 Exhibits A-D
Page 36
3. The proposed text amendments are consistent with and implement the goals and
policies in the comprehensive plan
4. Approval of the proposal will not be detrimental to the public health, safety, and
general welfare.
5. Proper legal requirements of RCW 35A.63.220 and RCW 36.70A.390 were met
Ordinance 2019-03 Exhibits A-D
Page 37
Exhibit D
Section 10. Work Plan.
Milestone Description Timing
Outreach with
telecommunication providers,
utilities, and city and county
public works staff
Conduct workshops and presentations
regarding interim regulations and other
proposed WCF amendments Feb-Mar
Prepare Draft WCF Regulations
Review existing and proposed
amendments and draft any changes, if
needed.April
Public Outreach
Provide public information on the
proposed regulations for WCF and small
cell placement via city website, open
houses, planning commission workshop,
press releases, and social media. May
Prepare Final Draft & Planning
Commission Study Session
Prepare a final draft and submit for
review by the Planning Commission to
initate adoption process.28-May
Commerce 60-day Review
Submit draft regulations and SEPA
documents to Commerce and local
agencies to initiate 60-day review.June-July
Public Notice
Public hearing notices for the Planning
Commission via newspaper, city
website, and news release Aug
Planning Commission Study
Session & Public Hearing
Conduct final study session to review
comments received and an open record
public hearing before the Planning
Commission for them to develop a
recommendation to Council.
July 23
Aug 27
Study Session with Council
Present draft regulations to Council at
their monthly workshop.Aug
Adoption of Ordinance
Present Planning Commission
recommendation to Council for final
action.
Sept 3
Sept 17
Wireless Communication Facility (WCF) Code Update
Work Plan