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. 1680 § 2 (part), 1998)

As used in this chapter, the following shall apply:

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

"Antenna" means a device, dish or array used to transmit or receive telecommunications signals for commercial purposes.

"Communications tower" means a tower, pole, or similar structure which supports a telecommunications antenna operated for commercial purposes above ground in a fixed location, free standing, guyed or on a building.

"EIA" means Electronics Industries Association Standard—Structural Standards for steel antenna towers and antenna support structures.

"FCC" means the Federal Communications Commission.

"Height" means the distance from the base of the tower, pole or antenna to the top of the structure.

"Telecommunications" means 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.

"TIA" means the Telecommunications Industry Association.

(Ord. 1680 § 2 (part), 1998)

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.

(1)

To minimize the overall number of commercial towers, poles, and/or antennas located in the city, providers may be required to participate in co-location agreements.

(2)

To ensure that new commercial towers, poles, and/or antennas will be safe and blend into their environment; providers will propose designs consistent with site characteristics.

(Ord. 1680 § 2 (part), 1998)

All applicants who wish to locate a communications tower, pole, or antenna for commercial purposes on property within the city must submit to the planning administrator a completed application, accompanied by a fee, to be determined by a separate resolution, and the following documents:

(1)

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

(2)

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

(3)

A current map showing locations of other towers, poles or antennas;

(4)

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

(5)

Identified of the owners of all antennas and equipment to be located on the site;

(6)

Written authorization from the site owner for the application;

(7)

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

(8)

A written agreement to remove the tower, pole and/or antenna within one hundred eighty days after cessation of use;

(9)

A liability insurance policy, in which the city is a named insured in an amount of not less than two million dollars for the protection of the general public from property damage or personal injury resulting from the construction and use of the structure. A separate policy of liability insurance must be provided for each tower, pole and/or antenna constructed;

(10)

An agreement to hold the city harmless from any judgment liens, court costs or legal fees which would otherwise be incurred in any legal action resulting from the construction and use of the tower, pole and/or antenna.

(Ord. 1680 § 2 (part), 1998)

(a)

Special Use Permit Required. All commercial telecommunications tower, poles or antennas, regardless of zoning classification, require a special use permit, as provided in Section 20.68.040(12) of this title.

(b)

Residential Locations. To minimize placement of commercial wireless equipment in highly populated areas, residential locations will be considered only 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, poles 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 eighty feet in height, the setback will be not less than eighty feet.)

(d)

Other General Regulations. Requirements for fences, off-street parking, access, storage, accessory buildings, and signs shall conform to the zoning district in which the commercial tower, pole or antenna is constructed.

(Ord. 1680 § 2 (part), 1998)

(a)

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 back-up generator, where the noise standards may be exceeded temporarily.

(b)

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. 1680 § 2 (part), 1998)

(a)

Lease Required. No person or other entity shall use any public property for the installation of commercial telecommunications towers, poles or antennas without first obtaining a lease approved from the city council.

(b)

Conditions.

(1)

The commercial tower, pole or antenna shall not interfere with the purpose for which the city-owned property is intended.

(2)

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

(3)

In addition to other liability insurance required by this title, applicant will produce proof of adequate liability insurance for potential damage commercial towers, poles 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 the commercial tower, pole or antenna removal.

(Ord. 1680 § 2 (part), 1998)

In the event the use of any commercial communication tower or pole has been discontinued for a period of one hundred eighty consecutive days, the tower, pole and/or antenna 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, pole and/or antenna shall have an additional one hundred eighty days within which to: (1) reactivate the use of the tower or transfer the tower to another owner/operator who makes use of the tower, or (2) dismantle and remove the tower, pole and/or antenna. Upon official abandonment of the tower, all special use permits and/or variances shall automatically expire.

(Ord. 1680 § 2 (part), 1998)

Any violation of the provisions of this chapter may be prosecuted as a municipal infraction, as a simple misdemeanor, or both.

(Ord. 1680 § 2 (part), 1998)