The purpose of this Chapter is to regulate the placement and to provide for the orderly location of communications towers and antennas used for commercial purposes to ensure the health, safety and welfare of the community. (Ord. C-289, 10-21-1997)

ANSI: The most recently adopted standard of the American National Standards Institute which establishes guidelines for human exposure to nonionizing electromagnetic radiation.

ANTENNA: A device, dish or array used to transmit or receive telecommunications signals for commercial purposes.

COMMUNICATIONS TOWER: A tower, pole, or similar structure which supports a telecommunications antenna operated for commercial purposes above ground in a fixed location, freestanding, guyed or on a building.

EIA (ELECTRONICS INDUSTRIES ASSOCIATION) STANDARD: Structural standards for steel antenna towers and antenna support structures.

FCC: Federal Communications Commission.

HEIGHT: The distance from the base of the tower to the top of the structure.

TIA: Telecommunications Industry Association.

TELECOMMUNICATIONS: The transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. (Ord. C-289, 10-21-1997)

The Telecommunications Act of 1996, prohibits the City from establishing policies that discriminate against one or a group of providers in favor of another or another group of providers or potential providers. The following objectives shall be applied consistently to all commercial telecommunications providers that request a location in the City.

   A.   To minimize the overall number of commercial towers located in the City, providers may be required to participate in collocation agreements.

   B.   To ensure that new commercial towers will be safe and blend into their environment, providers will propose designs consistent with site characteristics. (Ord. C-289, 10-21-1997)

All applicants who wish to locate a communications antenna or tower for commercial purposes on property within the City must submit to the Planning Administrator a completed application, accompanied by a one hundred dollar ($100.00) fee, and the following documents:

   A.   One copy of the typical specifications for proposed structures and antennas, including description of design characteristics and materials.

   B.   A site plan drawn to scale, showing property lines, tower location and height, guy wires, anchors, existing and proposed structures. A site plan is not required if an antenna is to be mounted on an approved existing structure.

   C.   A current map showing locations of other antennas or towers.

   D.   A report from a structural engineer showing the tower antenna capacity by type and number, and a certification that the tower is designed to withstand winds in accordance with ANSI/EIA/TIA 222, latest revision, standard.

   E.   Identification of the owners of all antennas and equipment to be located on the site.

   F.   Written authorization from the site owner for the application.

   G.   Evidence that a valid FCC license for the proposed activity has been issued.

   H.   A written agreement to remove the tower and/or antenna within one hundred eighty (180) days after cessation of use. (Ord. C-289, 10-21-1997)

   A.   Special Use Required: All commercial telecommunications towers exceeding one hundred feet (100') in height, regardless of zoning classification, require a special use permit, as provided in Chapter 22 of this Title.

   B.   Residential Locations: To minimize placement of commercial wireless equipment in highly populated areas, residential locations will be considered as a last resort. An applicant for a permit in a residential district must show that the area cannot be adequately served by a facility in a nonresidential district for valid technical reasons.

   C.   Yard Areas: Setbacks for towers and antennas for commercial use on all property lines shall be a distance equal to the height of the tower. (For example, if the tower is 80 feet in height, the setback required is 80 feet.)

   D.   Other Regulations: Requirements or fences, off-street parking, access, storage, accessory buildings, and signs shall conform to the zoning district in which the commercial tower or antenna is constructed. (Ord. C-289, 10-21-1997)

No equipment shall be operated at commercial towers and telecommunications facilities so as to produce noise in excess of applicable noise standards under WAC173-60, except during emergencies or periodic routine maintenance which requires the use of a backup generator, where the noise standards may be exceeded temporarily.

The Telecommunications Act of 1996 gives the FCC sole jurisdiction to regulate radio frequency emissions. Facilities that meet the FCC standards shall not be conditioned or denied on the basis of emissions impacts. Applicants for commercial tower sites shall be required to provide information on the projected power density of the facility and how this meets the FCC standards. (Ord. C-289, 10-21-1997)

   A.   Lease Required: No person or other entity shall use any public property for the installation of commercial telecommunications towers or antennas without first obtaining a lease approved by the City Council.

   B.   Conditions:

      1.   The commercial tower or antenna shall not interfere with the purpose for which the City-owned property is intended.

      2.   The commercial tower or antenna shall have no adverse impact on surrounding private property.

      3.   Applicant will produce proof of adequate liability insurance for potential damage commercial towers or antennas could reasonably cause to City property and facilities.

      4.   Applicant will submit a letter of credit, performance bond, or other security acceptable to the City to cover the cost of commercial tower or antenna removal.

   C.   Specific Placement Requirements:

      1.   Water Tower Or Reservoir Sites: Written approval is required from the Water Services Director each time access to the facility is desired.

      2.   Parks: Commercial towers and antennas are prohibited from all public parks and ball fields. (Ord. C-289, 10-21-1997)

In the event the use of any commercial communication tower has been discontinued for a period of one hundred eighty (180) consecutive days, the tower shall be deemed abandoned. Determination of the date of abandonment shall be made by the Zoning Administrator who shall have the right to request documentation and/or affidavits from the tower owner/operator regarding the issue of tower usage. Upon such abandonment, the owner/operator of the tower shall have an additional one hundred eighty (180) days within which to: a) reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower, or b) dismantle and remove the tower. Upon official abandonment of the tower, all special use permits and/or variances shall automatically expire. (Ord. C-289, 10-21-1997)

Any violation of the provisions of this Chapter may be prosecuted as a Municipal infraction, as a simple misdemeanor, or both. (Ord. C-289, 10-21-1997)