Fircrest City Zoning Code

To manage the location of towers and antennas in the city;

To protect residential areas and land uses from potential adverse impacts of towers;

To minimize adverse visual impacts of towers through careful design, siting, landscape screening, and innovative camouflaging techniques;

To accommodate an increased need for towers to serve the wireless communications needs of city residents;

To promote and encourage co-location on existing and new towers as an option rather than construction of additional single-use towers, and to reduce the number of such structures needed in the future;

To consider the public health and safety of towers to the extent permitted by the Telecommunications Act of 1996; and

To avoid potential damage to adjacent properties through sound engineering practices and the proper siting of antenna support structures.

Camouflaged antennas;

Building-mounted facilities or structure-mounted facilities, only when subsection (a)(1) of this section cannot be reasonably accomplished;

Co-location facilities, only when subsections (a)(1) or (2) of this section cannot be reasonably accomplished;

Ground-mounted facilities which extend no more than 15 feet above existing vegetation or structures, only when subsections (a)(1), (2) or (3) of this section cannot be reasonably accomplished;

Ground-mounted facilities which extend more than 15 feet above existing vegetation or structures, only when subsections (a)(1) through (4) of this section cannot be reasonably accomplished.

Public property including utility facilities, parks and other municipal facilities.

Appropriate public rights-of-way.

Areas designated industrial and community commercial in the comprehensive plan.

Areas designated neighborhood commercial and public and quasi-public facilities in the comprehensive plan.

Other nonresidential properties including commercial facilities, churches, and schools located within areas designated high density residential, medium density residential and low density residential in the comprehensive plan.

Areas designated high density residential in the comprehensive plan.

Areas designated medium density residential and low density residential in the comprehensive plan and developed for residential use, only if locations specified in subsections (1) through (6) are not available.

City of Fircrest;

Public safety agencies, including law enforcement, fire and ambulance services, which are not part of the city of Fircrest, and private entities with a public safety agreement with the city of Fircrest;

Other governmental agencies, for uses which are not related to public safety; and

Entities providing licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), data, internet, paging, and similar services that are marketed to the general public.

The facilities will not interfere with the purpose for which the city-owned property is intended;

The facilities will have no significant adverse impact on surrounding private property;

The applicant shall obtain liability insurance deemed adequate by the city, provide proof of such insurance upon request by the city, and commit to a lease agreement which includes equitable compensation for the use of public land and other necessary provisions and safeguards. The city shall establish fees after considering comparable rates in other cities, potential expenses, risks to the city, and other appropriate factors;

The applicant will submit a letter of credit, performance bond, or other security acceptable to the city to cover the costs of removing the facilities;

The antennas or tower will not interfere with other users who have a higher priority as discussed in subsection (a) of this section;

The lease shall provide that the applicant must agree that in the case of a declared emergency or documented threat to public health, safety or welfare and following reasonable notice, the city may require the applicant to remove the facilities at the applicant's expense;

The applicant must reimburse the city for any related costs which the city incurs because of the presence of the applicant's facilities;

The applicant must obtain all necessary land use approvals; and

The applicant must cooperate with the city's objective to encourage co-locations and thus limit the number of cell sites requested, or camouflage the site.

The parks and recreation director has reviewed and made a recommendation regarding proposed personal wireless service facilities to be located in the park and this recommendation must be forwarded to the hearing examiner and/or city council, as appropriate, for consideration;

In no case shall personal wireless service facilities be allowed in designated critical areas (except aquifer recharge areas) unless they are co-located on existing facilities;

Before personal wireless service facilities may be located in public parks, consideration shall be given to visual impacts and disruption of normal public use; and

Personal wireless service facilities should be camouflaged and have a ground mount or structure mount design, if possible.

Photosimulations of the proposed facility taken from all four sides of the proposed facility, from a distance of 100 feet or from the opposite side of the street right-of-way closest to the proposed site. The photosimulations shall be labeled as to the view depicted, the maximum height of the structure, including antennas, proposed color scheme and method of screening. Photosimulations taken from alternative locations may be provided in lieu of the locations specified above, if deemed acceptable by the city;

A site plan, drawn to scale, clearly indicating the location and type of the proposed tower, antenna, antenna support structure, fencing, buffering, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, and setbacks of structures from property lines. The site plan requirement may be waived if the antenna is to be mounted on an existing structure;

Elevation plans, drawn to scale, of the proposed tower and any other existing and proposed structures, including fencing. Exterior finish materials and colors, and the method of camouflage and illumination, if applicable, shall be specified;

A landscape plan indicating the specific placement of the facility on the site, the location of existing structures, trees, and other significant site features, the type and location of plant materials used to screen the facility, a planting schedule, and an irrigation plan and schedule;

A current map showing the location of the proposed tower or other proposed facilities, the approximate distance between the proposed tower and the nearest residential units and residentially zoned properties, and the locations of other personal wireless service facilities operated by the applicant that are within the city or outside the city but within one-half mile of the city boundary. In addition to this requirement, the city may require the submittal of an aerial photo of the proposed site and vicinity if it determines that such information will assist in the city's review of the proposal;

Legal description of the parcel, and Pierce County assessor's parcel number, if applicable;

A signed statement indicating that: (A) the applicant and landowner agree they will diligently negotiate in good faith to facilitate co-location of additional personal wireless service facilities by other providers on the applicant's structure or within the same site location; (B) the applicant for a new tower has provided notice to all other area wireless service providers of its application to encourage the co-location of additional antennas on the structure; and (C) the applicant and/or landlord agree to remove the facility within 90 days after abandonment, unless an extension is granted by the city;

A statement by the applicant as to whether construction of the tower, antenna support structure, and other related facilities will accommodate co-location of additional antennas for future users;

Copies of any environmental documents required pursuant to SEPA. Project actions which are categorically exempt from SEPA shall be exempt from this requirement. Copies of any environmental documents required by any federal agency. 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;

A letter signed by the applicant stating the tower will comply with all FAA regulations and EIA standards and all other applicable federal, state and local laws and regulations;

Certification that the antenna usage will not interfere with other adjacent or neighboring transmission or reception functions;

Documentation that the telecommunications company is licensed by the FCC if required to be licensed under FCC regulations;

Documentation that the applicant, if not the telecommunications service provider, has a valid lease agreement with an FCC licensed telecommunications provider if such telecommunications provider is required to be licensed by the FCC;

Documentation as to how the proposed site will fit into the applicant's existing overall network within the city.

Proposed facilities may, and are encouraged to, co-locate onto existing towers. Co-location is permitted subject to administrative use permit approval, and new or amended conditional use permit approval is not required; provided, that all other permit, license, lease, or franchise requirements are satisfied, the modified facilities do not require a variance, and the co-location is accomplished in a manner consistent with the policies, design criteria, and other requirements contained in this chapter.

The city may deny an application to construct new facilities if the applicant has not shown by substantial evidence that it has made a diligent effort to mount the facilities on an existing building, existing structure or existing tower.

To reduce the number of antenna support structures needed in the city in the future, new proposed support structures shall be designed to accommodate antennas for more than one user, unless the applicant demonstrates why such design is not feasible for economic, technical or physical reasons.

Unless co-location is not feasible, an applicant's site plan shall reserve an area for other providers' equipment near the base of the applicant's tower. A first right-of-refusal, which is either executed or maintained while the provider's personal wireless facilities and services are in use, to lease the area at the base of the tower or mount for other providers will meet the reservation requirement. The site plan for towers in excess of 100 feet above ground level must propose space for two comparable providers, while the site plan for towers 100 feet or less must propose space for one comparable provider.

To provide further incentive for co-location, an existing conforming tower may be modified subject to administrative use permit approval to accommodate co-location without a new or amended conditional use permit, provided the following conditions are met:

While co-location and the requirements herein are encouraged, co-location shall not take precedence over the construction of shorter towers with appropriate screening.

Setback. Antennas and associated support structures shall comply with the minimum setback requirements specified in the underlying zone district and shall not be located within the area between the front setback line and the front of the main building(s) on a lot; provided, however, that the city may reduce such requirements if:

Right-of-Way Setback Exception. The setback requirement may be waived if the antenna and antenna support structure are located in the city right-of-way.

View Corridors. Due consideration shall be given so that placement of towers, antennas, and personal wireless service facilities does not obstruct or significantly diminish views of Mt. Rainier or the Olympic Mountains.

Color. Towers shall have a color generally matching the surroundings or background that minimizes their visibility unless a different color is required by the FCC or FAA.

Lights, Signals and Signs. No signals, lights, or signs shall be permitted on towers unless required by the FCC or FAA. Should lighting be required, in cases where there are residents located within a distance which is 300 percent of the height of the tower, then dual mode lighting shall be requested from the FAA.

Equipment Structures. Ground level equipment, buildings, and the tower base shall be screened from public view. The standards for the equipment buildings are as follows:

Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If those standards and regulations are changed, then personal wireless service providers governed by this chapter shall bring their towers and antennas into compliance with the revised standards and regulations within three months of their effective date or the timelines provided by the revised standards and regulations, whichever time period is longer. The revised standards and regulations are not retroactively applicable to existing providers, unless otherwise provided or permitted by federal law. Failure to bring towers and antennas into compliance with the revised standards and regulations shall constitute grounds for the city to remove a provider's facilities at the provider's expense.

Building Codes, Safety Standards. To ensure the structural integrity of towers, the provider/owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable city building codes and the applicable standards for towers that are published by the EIA, as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the provider/owner of the tower, the owner shall have 30 days to bring the tower into compliance with such standards. If the provider/owner fails to bring its tower into compliance within 30 days, the city may remove the tower at the provider's/owner's expense.

Structural Design. Towers shall be constructed to the EIA standards, which may be amended from time to time, and to all applicable construction/building codes. Further, any improvements or additions to existing towers shall require submission of plans stamped by a licensed structural engineer which demonstrate compliance with the EIA standards and all other good industry practices. The plans shall be submitted and reviewed at the time building permits are requested.

Fencing. A well-constructed wall or wooden fence not less than six feet in height from the finished grade shall be provided around each personal wireless service facility. Access to the tower shall be through a locked gate. The use of chain link, plastic, vinyl, or wire fencing is prohibited unless it is fully screened from public view by a minimum eight-foot-wide landscaping strip. All landscaping shall comply with the city's design guidelines and other applicable standards.

Landscaping/Screening.

Tower and Antenna Height.

Antenna Support Structure Safety. The applicant shall demonstrate that the proposed antenna and support structure are safe, and the surrounding areas will not be negatively affected by support structure failure, falling ice, or other debris or interference. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.

Required Parking. If the cell site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, arrangements for adequate off-street parking shall be made and documentation thereof provided to the city, unless it can be demonstrated that the use of on-street parking spaces will create less impact on the immediate neighborhood. Security fencing should be colored or of a design which blends into the character of the existing environment consistent with the provisions listed in subsection (b)(10) of this section.

Antenna Criteria. Antenna on or above a structure shall be subject to the following:

Noise. No equipment shall be operated so as to produce noise in violation of the maximum noise levels set forth in Chapter 173-60 WAC.

Reactivate the use of the facility or transfer the facility to another provider who makes actual use of the facility.

In the event that abandonment as defined in this chapter occurs due to relocation of an antenna at a lower point on the antenna support structure, reduction in the effective radiated power of the antenna or reduction in the number of transmissions from the antennas, the operator of the tower shall have six months from the date of effective abandonment to co-locate another service on the tower. If another service provider is not added to the tower, then the operator shall promptly dismantle and remove that portion of the tower which exceeds the minimum height required to function satisfactorily. Notwithstanding the foregoing, changes which are made to personal wireless facilities which do not diminish their essential role in providing a total system shall not constitute abandonment. However, in the event that there is a physical reduction in height of substantially all of the provider's towers in the city or surrounding area then all of the towers within the city shall similarly be reduced in height, unless the provider demonstrates to the satisfaction of the city that a high tower site remains necessary to ensure full coverage in the community without having to build additional sites.

Dismantle and remove facility. If the tower, antenna, foundation, and facility are not removed within the 90-day time period or additional period of time allowed by the city, the city may remove such tower, antenna, foundation, and related facility at the provider's expense; provided, however, that recovery of expenses shall be limited to reasonable and documented costs of removal. If there are two or more providers co-locating on a facility, except as provided for in subsection (a)(2) of this section, this provision shall not become effective until all providers cease using the facility.

The accuracy and completeness of submissions;

The applicability of analysis techniques and methodologies;

The validity of conclusions reached; and

Any specific technical issues designated by the city.