Colfax City Zoning Code
CHAPTER 17
32 COMMUNICATION TOWERS, WIND POWER GENERATORS AND ACCESSORY FACILITIES
§ 17.32.010 Permitted where – Co-location.
Communication towers and accessory facilities may be located only in "C" (commercial), "M" (manufacturing) and rural residential zones as a conditional use approved by the board of adjustment after August 25, 2001; provided repair or reconstruction of any existing tower or the co-location of additional antennas, equipment, equipment shelters, and facilities accessory to any approved or preexisting tower, within any approved or existing site in all zones, shall be allowed as a permitted use in all zones without review by the board of adjustment, and the replacement of any existing communications tower within any approved or existing site in all zones shall be allowed as a conditional use subject to review and approval by the board of adjustment; provided no replacement tower or any new tower shall exceed two hundred feet in height measured from the tower base at grade, including antenna or antennas, and no shelter shall exceed twelve feet in height above grade.
(Ord. 08-10 § 1; Ord. 07-07 § 1; Ord. 06‑12 § 12; Ord. 1513 § 1, 2003; Ord. 1493 § 1, 2001)
§ 17.32.020 Restrictions – Communication towers and accessory facilities.
The following restrictions apply to any communication towers and accessory facilities:
A.
The maximum height of the tower from the ground shall be two hundred feet.
B.
The location of the tower must be reviewed and approved by the board of adjustment.
C.
The applicant must provide a signed statement agreeing to accommodate co-location of additional antennas on the tower by agreeing to enter into leases with other providers allowing use of the tower at a monthly lease rate mutually agreed upon. If a lease agreement cannot be negotiated between the existing tower owner and the interested potential renter, both parties shall submit to arbitration pursuant to Chapter 7.04 RCW. The cost of the arbitration shall be shared equally between the two parties.
D.
No new tower shall be permitted unless the applicant demonstrates that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna. An applicant shall submit information related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology 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, which 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; or
6.
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
E.
The applicant shall submit a copy of any lease, license or other agreement with the telecommunications business which will utilize the tower for transmission.
F.
Antenna support structures and their accessory structures shall be fenced sufficiently to prevent unauthorized access. Fencing is also required around each guyed wire anchor on those towers that use guy wires. Accessory structures shall not exceed twelve feet in height from the ground.
G.
A minimum six-foot-high fence shall be constructed to obscure the base of the tower and the accessory structures. Either a solid fence or slats within woven-wire fence are acceptable. The fenced screening must be maintained throughout the existence of the facility.
H.
Construction of the tower must be completed within six months of the date of conditional use approval. The tower and/or accessory structures shall be removed by the property owner if it becomes structurally defective or within one year of the date that the facility ceases to be operational.
I.
The applicant shall submit annual reports to the city building inspector by the last day of January of each year confirming the continued use of the tower, including the names and addresses of companies utilizing the tower.
J.
The applicant shall also complete a SEPA checklist and satisfy any other applicable state regulations.
(Ord. 1493 § 2, 2001)
§ 17.32.025 Wind power generators and towers.
Wind power generators and towers may be located in all zones as a conditional use approved by the board of adjustment.
(Ord. 08-10 § 2)
§ 17.32.030 Restrictions – Wind power generators, towers and facilities.
The following restrictions apply to any wind power generators, towers and accessory facilities:
A.
No more than one wind power generator and tower shall be allowed per acre; provided contiguous lots or parcels having the same ownership may be combined for purposes of this subsection.
B.
No wind power generator and tower shall exceed one hundred feet in height at the highest point of the highest blade measured from ground level at the tower base.
C.
The lowest point on all rotor blades shall be at least thirty feet measured from ground level at the tower base.
D.
All wind tower bases shall be set back from the nearest property line a distance of not less than 1.1 times the height of the point of the highest blade measured from ground level at the tower base.
E.
Wind power generators and towers shall conform to all applicable industry standards, including those of the American National Standards Institute.
F.
Construction shall comply with all applicable building codes and must be completed within six months of the date of conditional use approval.
G.
Annual reports shall be submitted to the city building inspector by the last day of January of each year confirming the continued use of the tower and the continuing common ownership of any lots or parcels combined pursuant to subsection A of this section. The report shall include such other information as the city building inspector may require to ensure compliance with city ordinances and the restrictions or conditions of the permit as issued.
H.
All conditional use applications for wind power generators shall include a completed SEPA checklist.
I.
All wind power generators must comply with all applicable federal and state aviation regulations pertaining to objects affecting navigable air space.
J.
Wind power generators allowed as a conditional use hereunder shall have a sound rating of sixty dBA or less, and shall not exceed ten kilowatts per hour in generating capacity.
K.
Wind generators and towers and/or accessory structures shall be removed by the owner of the property where situated within one year of the date the lots or parcels combined pursuant to subsection A of this section cease to be held in common ownership or within one year of the date that the generator ceases to be operational, or within one year that the generator ceases to be used.
(Ord. 08-10 § 3; Ord. 1493 § 3, 2001)
§ 17.32.040 Setback waivers.
In addition to the standards criteria and procedures to be applied by the board of adjustment in accordance with Section 17.24.060, the board of adjustment is hereby authorized to grant partial waivers of setback requirements for wind power generators and towers when it is determined that literal enforcement will exact undue hardship; provided, that such waivers do not unduly increase the risk to public safety or unduly burden the public, and provided no such waiver shall be granted that would place the tower closer than a distance of 1.1 times the tower height from the property line of an adjacent owner without the adjacent owner's approval.
(Ord. 08-10 § 4)