Battle Ground City Zoning Code

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.

Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems ("DAS") and small wireless networks).

Any structure other than a tower that, at the time the relevant application is filed with the city under this chapter, supports or houses equipment described in subsections (E)(1) and (2) of this section that has been reviewed and approved under the applicable zoning or siting process or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.

Collocation of new transmission equipment;

Removal of transmission equipment; or

Replacement of transmission equipment.

State highways;

Land dedicated for roads, streets, and highways not opened and not improved for motor vehicle use by the public;

Structures, including poles and conduits, located within the right-of-way;

Federally granted trust lands or forest board trust lands;

Lands owned or managed by the State Parks and Recreation Commission; or

Federally granted railroad rights-of-way acquired under 43 USC 912 and related provisions of federal law that are not open for motor vehicle use.

For towers other than towers in the public rights-of-way, it increases the height of the tower by more than ten percent 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 ten percent or more than ten feet, whichever is greater;

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;

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 base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets that are more than ten percent larger in height or overall volume than any other ground cabinets associated with the structure;

It entails any excavation or deployment outside the current site;

It would defeat the concealment elements of the eligible support structure; or

It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified above.

Small wireless facilities are regulated in Chapter 12.130 BGMC; and

Lattice towers are prohibited uses in every zone.

Wireless communication facilities utilized by a governmental agency for governmental purposes and not for resale or lease to the public within its area of jurisdiction.

Amateur radio towers and antenna arrays to the full extent necessary to entitle the holder of the license to utilize the rights granted by the Federal Communications Commission; provided, that this exemption applies only if an antenna and supporting structure which must be greater than thirty-five feet in height in order for the full enjoyment of licensed activity is of a telescoping or crank-up configuration and which, when not in use, is fully retracted to a level at or below thirty-five feet in height.

Television antennas, television dish antenna array, and similar small-scale communication antenna array less than ten feet in height as measured from the base, ground level, or roof/structure to which the antenna is attached.

First in the regional commercial and community commercial district;

Next in the mixed use and neighborhood commercial district;

Next in the airpark district, but only when the facilities can be located in accordance with federal law and regulation;

Next in a residential district on property in use for other than residential such as a church or public use facility; and

If no other site is available and suitable to close the gap in coverage, in the downtown commercial zone.

Denial of the permit would effectively prohibit service in violation of 47 USC 253 and 332.

Alternative facilities or sites in higher priority areas have been investigated and determined not to be technically feasible, as demonstrated by an alternative sites evaluation prepared by the applicant. The application shall be submitted to the city for review pursuant to a conditional use permit considered under the provisions of Chapter 17.148 BGMC.

To toll the time frame for initial incompleteness, the director shall provide written notice to the applicant within thirty days of receipt of the application, clearly and specifically delineating all missing documents or information required in the application. When such notification occurs in the thirty-day time frame then the ninety- or one-hundred-fifty-day time frame stops where it leaves off.

The time frame for review begins running again when the applicant makes supplemental submission in response to the director's notice of incompleteness.

Following a supplemental submission, the director will notify the applicant within ten days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in this subsection. When such notification occurs in the ten-day time frame then the ninety- or one-hundred-fifty-day time frame stops where it leaves off. Second or subsequent notice of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.

Visual Impact.

Height.

Setbacks.

Utility Support Structures. Where the wireless communication facility is attached to a utility support structure:

Equipment Enclosures. Equipment enclosures shall comply with the following criteria in addition to the visual impact criteria set out in subsection (A)(1) of this section:

Antenna Design. Any wireless communication facility antenna(s) shall be either:

Security Fencing.

Provision for Future Collocation. Applicants shall provide information regarding the opportunity for the collocation of other antenna(s) and related equipment. Where technically feasible, and where opportunities for smaller wireless communication facilities with fewer impacts are limited due to topography, lack of existing above-ground structures or other circumstances, provision for future collocation may be required.

RF Certification. The applicant shall submit a sworn affidavit signed by an RF engineer with knowledge of the proposed project affirming that the wireless communication facility will be compliant with all FCC and other governmental regulations in connection with human exposure to radio frequency emissions for every frequency at which the wireless communication facility will operate. If facilities necessary to the wireless communication facility are to be provided by a third party, then the RF certification shall be provided by the third party. If such facilities will emit RF emissions, this additional RF certification shall address the cumulative impact of the RF emissions and certify compliance with federal requirements. The applicant or grantee shall immediately remove any facilities that exceed FCC RF emissions requirements. A modification of the facility by an eligible facilities request requires a new RF certification. The city recognizes that the Federal Telecommunications Act of 1996 gives the Federal Communications Commission sole jurisdiction in the field of regulation of radio frequency emissions and wireless communication facilities that meet FCC standards shall not be conditioned or denied on the basis of RF impacts.