The purpose of this chapter is to assure greater compatibility between communications facilities and adjacent land uses and to provide for the communication needs of the region by:

A.

Establishing construction and design standards for communications facilities;

B.

Encouraging the location of towers in nonresidential areas;

C.

Minimizing the proliferation of towers by encouraging the use of new and existing tower sites (co-location);

D.

Minimizing adverse visual impacts upon the community.

(Ord. 1032 § A(part), 1997).

For the purpose of this chapter, the following definitions shall apply:

"Antennas" means any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radiofrequency signals.

"Directional antenna" (also known as a "panel" antenna) means an antenna that transmits and receives radio-frequency signals in a specific directional pattern of less than three hundred sixty degrees.

"Guyed tower" means a wireless communications support structure which is usually over one hundred feet tall, which consists of metal crossed strips or bars and is steadied by wire guys in a radial pattern around the tower. Guyed towers are often constructed in rural areas and are used to support antennas and related equipment.

"Lattice tower" means a wireless communications support structure which consists of metal crossed strips or bars to support antennas and related equipment.

"Monopole I" is a wireless communications facility which consists of a support structure, the height of which shall not exceed sixty feet.

"Monopole II" is a wireless communications facility which consists of a wireless communications support structure, greater than sixty feet in height erected to support wireless communications antennas and connecting appurtenances.

"Omnidirectional antenna" (also known as a "whip" antenna) means an antenna that transmits and receives radiofrequency signals in a three hundred sixty-degree radial pattern. For the purpose of this chapter, an omnidirectional antenna is up to fifteen feet in height and up to four inches in diameter.

"Parabolic antenna" (also known as a dish antenna) means a bowl-shaped device for the reception and/or transmission of communication signals in a specific directional pattern.

"Personal communication services (PCS)" means digital wireless telephone technology such as portable phones, pagers, faxes and computers.

"Radiofrequency facility (RF)" means any structure not entirely within an enclosed building or vehicle that sends and/or receives telecommunications signals, including antennas, guy wires, microwave-dishes or horns, structures or towers to support receiving and/or transmitting devices, accessory buildings i.e., equipment storage buildings, energy power generating housing, and the land on which they all are situated, that is one or more of the following:

1.

A facility that operates with continuous transmissions at or above one thousand watts of effective radiated power;

2.

Earth station satellite transmission dish which has a plane in excess of one hundred sixty square feet;

3.

Transmission towers equal to or greater than sixty feet in height.

"Related equipment" means all equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable, conduit and connectors.

"Transmission towers" means a structure that is constructed above ground or water, or is attached to or on top of another structure, and is intended to support an antenna and accessory equipment, or which is itself an antenna.

"Up-and-coming microcell technology" means one four-foot whip antenna mounted on an existing utility pole with associated communications gear housed in an underground vault.

"Wireless communications facility" means an unstaffed facility for transmission and reception of low-power radio signals consisting of a support structure, antennas, an equipment shelter or cabinet, and any other related equipment. Wireless communications facilities are required for personal wireless services including cellular telephone systems, personal communication services, mobile radio services, and any other FCC-licensed wireless common carrier.

"Wireless communications support structures" means transmission towers, including monopoles, lattice towers, guyed towers and wood poles, erected to support wireless communications antennas and connecting appurtenances.

(Ord. 1032 § A(part), 1997).

The following are exempt from the provisions of this chapter and shall be permitted in all zones:

A.

An antenna that is designed to receive direct broadcast satellite service, including direct-to-home satellite services, that is one meter or less in diameter;

B.

An antenna that is designed to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, and that is on meter or less in diameter or diagonal measurement;

C.

An antenna that is designed to receive television broadcast signals;

D.

Licensed amateur (Ham) radio stations and citizen band stations;

E.

The storage, shipment or display for the sale of transmission equipment in commercial zones other than the HBD;

F.

Hand-held, mobile, and portable radio transmitters and/or receivers;

G.

Any maintenance or repair of a conforming or nonconforming communications facility, transmission equipment, transmission structure or transmitter building;

H.

Minor modifications of existing wireless communications facilities, including support structures and antennas, whether emergency or routine, provided there is little or no change in the visual appearance. Minor modifications are those modifications, including the addition of antennas, to conforming wireless communications facilities that meet the requirements of this document.

I.

In the event a permit is required for any emergency application, filing of the permit application shall not be required until thirty days after the completion of such emergency activities. In the event a permit is required for nonemergency maintenance, reconstruction, repair or replacement, filing of the building permit application shall be required prior to the commencement of such nonemergency activities.

(Ord. 1032 § A(part), 1997).

This chapter shall apply to wireless communications facilities, including the following:

A.

Wireless communications support structures:

1.

Monopoles:

a.

Monopole I,

b.

Monopole II,

2.

Lattice tower,

3.

Guyed tower,

4.

Wood poles;

B.

Antennas:

1.

Omnidirectional antenna (also known as a "whip" antenna),

2.

Directional antenna (also known as a "panel" antenna),

3.

Parabolic antenna (also known as a dish antenna);

C.

Equipment shelter or cabinet;

D.

Related equipment.

(Ord. 1032 § A(part), 1997).

The following shall be considered "preferred applications," and may receive preferential treatment regarding placement:

A.

Building-mounted antennas;

B.

Up-and-coming microcell technology;

C.

Co-location on an existing support structure.

(Ord. 1032 § A(part), 1997).

The following provisions shall apply to all zoning districts and to all wireless communications facilities regulated by this chapter, subject however to permit conditions and specific regulations for each zoning district.

A.

No wireless communications facility shall be erected, caused to be erected, or allowed to remain erected except in compliance with all the regulations established in this chapter. No owner or lessee of any real property located within the corporate limits of the city shall knowingly allow any wireless communications facility to be erected on any such property in violation of the provisions of this chapter. No person shall take any action intending to, or having the effect of, circumventing the purpose and intent of this chapter. A permit is required for all wireless communications facilities erected in the city that are not exempted by Section 19.59.040.

B.

All monopole I, monopole II, lattice towers, and accessory equipment and facilities subject to review as provided in this chapter must obtain approval of the planning commission before a building permit may be issued. This includes replacement of major facilities.

C.

Structural Safety. Any wireless communications facility transmission tower or structure, or equipment to be placed on such tower, shall not cause applicable wind and deadload standards of the Uniform Building Code to be exceeded.

D.

Shock and Burn Standard. The communications facility shall not emit radiation such that the public will be exposed to shock and burn in excess of the standards contained in ANSI C-95.1 or subsequent amendments thereto by a qualified organization recognized by ANSI.

E.

Fencing and Warning Signs. Communications facility sites shall be:

1.

Fenced in a manner which prevents access by the public to transmission structures and/or areas of the site where shock/burn levels are exceeded. This may be modified if natural features, such as an adjoining waterway, or topographic feature preclude access;

2.

Signed to warn the public of areas of the site where potential risks for shocks or burns are present.

F.

Interference. Permit applications for communications facilities shall include:

1.

A statement describing the nature and extent of interference which may be caused by the proposed communications facility and the applicant's responsibilities under FCC rules and regulations;

2.

Unless the department determines that there will be no noticeable interference from the proposed communications facility, notification of expected interference shall be provided as specified in Section 19.59.160;

3.

General information concerning the causes of interference and steps which can be taken to reduce or eliminate it;

4.

The city shall request notification by the Federal Communications Commission of any application submitted to the FCC for new or expanding major communications facilities. At the time FCC reviews such application, the city shall request that the applicant provide targeted community notice regarding electromagnetic interference, informing residents of remedial procedures the applicant is required to offer under federal regulations. The city shall promote cooperation between broadcasters and the community with respect to interference problems.

G.

Color and Lighting Standards. Except as specifically required by the Federal Aviation Administration (FAA) or the FCC, transmission structures shall:

1.

Use colors such as gray, blue or green which reduce their visual impacts; provided, wooden poles do not have to be painted; and

2.

Not be illuminated, except transmitter buildings may use lighting for security reasons which is compatible with the surrounding neighborhood.

H.

Landscaping Requirements. Any communications facility site which includes a monopole I, monopole II or lattice tower shall provide landscaping as follows:

1.

When the facility is located in:

a.

The ID, IBZ, CSL, RCS or CS-3 zone, the base of any transmission structure or transmitter building shall be landscaped with eight feet of Type I landscaping consistent with city standards for landscaping, if no acceptable landscaping already exists along the lot line abutting RS or A-1 zoned properties.

b.

The RM or MH zones, the base of the transmission structure or transmitter building shall be landscaped with ten feet of Type II landscaping (groundcover may be excluded) consistent with city standards for landscaping, if the base of such structure or transmitter building is within three hundred feet of any lot line abutting RS or A-1 zoned property.

c.

The RS or A-1 zones, the base of any transmission structure or transmitter building shall be landscaped with ten feet of Type IV landscaping consistent with city standards for landscaping.

2.

When a security fence is used to prevent access onto a transmission structure or transmitter building, any landscaping required pursuant to subdivision 1 of this subsection shall be placed outward of such security fence.

3.

When a security fence is used:

a.

In the ID, IBZ, CSL, RCS or CS-3 zone, wood slats shall be woven into the security fence if made of chainlink material.

b.

In the A-1, MH, RS or RM zones, climbing evergreen shrubs or vines capable of growing on the fence shall supplement any landscaping required pursuant to subdivision 1 of this subsection.

4.

Landscaping shall be planted according to accepted practice in good soil and maintaining in good condition at all times. Landscaping shall be planted as a yard improvement at or before the first structure or within a reasonable time thereafter, considering weather and planting conditions.

5.

Existing vegetation may be used and/or supplemented with additional vegetation to comply with the requirements of subdivision 1 of this subsection.

I.

Modifications.

1.

Cumulative modifications of conforming communications facilities, transmission structures or transmission equipment which do not increase the overall height of the facility by more than thirty percent shall be allowed provided:

a.

The modifications do not result in a monopole I facility that exceeds seventy-five feet in height, or a monopole II or lattice tower facility that exceeds one hundred fifty feet, including appurtenances;

b.

A nonconformance with respect to the transmission structure shall not be created or increased except as otherwise provided above as to height;

c.

Existing perimeter vegetation or landscaping shall not be reduced.

2.

Except for consolidations allowed by subsection J of this section, modifications which increase the overall height of transmission structure or transmission equipment by more than thirty percent shall be subject to all other provisions of this chapter.

J.

Consolidation. Consolidation of two or more existing transmission structures may be permitted subject to the following:

1.

If the consolidated transmission structure cannot meet the setback requirements of Section 19.59.090, it shall be located on the portion of the parcel on which it is situated which, giving consideration to the following, provides the optimum practical setback from adjacent properties.

a.

Topography and dimensions of the site;

b.

In the case of a consolidation, any existing structures to be retained.

Consolidated transmission structures shall be set back from abutting residential property a minimum of ten percent of the height of the consolidated transmission structure, but in all cases no less than one hundred feet;

2.

If consolidation involves the removal of transmission structures from two or more different sites and if a consolidated transmission structure is to be erected on one of those sites, it shall be erected on the site which provides for the greatest compliance with the standards of this chapter;

3.

All existing transmission equipment on the site of a communications facility which does not comply with the provisions of this chapter shall be relocated to the consolidated transmission structure before the relocation of transmission equipment from a nonexempt off-site, conforming communications facility is permitted;

4.

Any transmission structure to be removed as part of a consolidation shall be removed within twelve months of relocation of the transmitting equipment;

5.

Consolidation shall result in a net reduction in the number of transmission structures;

6.

Consolidated facilities shall require a conditional use permit, granted in accordance with Chapter 19.49 of this code.

Permitted Uses

N = Not permitted

CU = Conditional use

P = Permitted Outright. Rooftop features provision: Small communication devices such as dishes less than four feet in diameter, panels less than four feet in height, and whip antennas, are exempt from height limit. Dishes over four feet in diameter, panels over four feet in height, horns and minor communication utility transmission towers may exceed the height limit of multifamily and commercial zones by four feet (or the rooftop, if above the current height limit) and may exceed the height limit of commercial zones by fifteen feet (or the rooftop, if above the current height limit) if the total roof coverage by all rooftop features does not exceed twenty percent.

¹ Unless existing wood pole or building-mounted, co-located or micro-cell technology, then CU.

² Unless co-located, then P.

³ Except the facility shall not be allowed on buildings with a solely residential use.

⁴ New utilities are prohibited; physical expansion of existing utilities may be allowed with a conditional use permit (Chapter 19.49) if: (a) the expanded facility will be a shared use facility and another broadcaster has contracted to relocate its transmitter to the expanded facility; and (b) another existing tower of similar size and in the immediate vicinity is removed.

⁵ Receive-only dishes accessory to residential use are permitted outright but must be screened if adjacent to or across the street from residential zoned lot; not permitted on roof in single-family, RM-1 and RM-2 zones; may be permitted on roof through a variance if reception window would otherwise be blocked.

⁶ Permitted outright, even if it exceeds height limit, unless adjacent to single-family zone, in which case a conditional use permit will be required.

(Ord. 1032 § A(part), 1997).

(Ord. No. 1390, § D, 2-22-2011)

A.

Antennas may be permitted in the historic business district, provided that they are not allowed on buildings with a solely residential use.

B.

Monopole I and lattice towers are prohibited, except that the expansion of such facilities may be permitted by a conditional use permit granted in accordance with Chapter 19.49 and Section 19.59.150.

C.

Where possible, antennas shall be located on existing buildings, poles or other existing support structures.

D.

Pole- or tower-mounted antennas shall comply with the height limitation specified in the HBD zone, except omnidirectional antennas which may exceed the height limit by ten feet.

E.

Rooftop features provision: Small communication devices such as dishes less than four feet in diameter, panels less than four feet in height, and whip antennas, are exempt from height limit. Dishes over four feet in diameter, panels over four feet in height, horns and minor communication utility transmission towers may exceed the height limit by four feet (or the rooftop, if above the current height limit) if the total roof coverage by all rooftop features does not exceed twenty percent.

F.

The shelter or cabinet used to house radio electronics equipment must be concealed, camouflaged or underground.

G.

If a monopole I facility or a lattice tower is permitted in the HBD, development of such shall meet the requirements of Section 19.59.080(D), (F), (J) and (L), and must meet the conditional use provisions of Chapter 19.49 and Section 19.59.150.

H.

Any facility not expressly permitted by this section, nor exempted by Section 19.59.040, is prohibited.

(Ord. 1032 § A(part), 1997).

A.

Antennas consisting of receive-only dishes (parabolic antennas) accessory to a residential use are permitted outright but must be screened if adjacent to or across the street from a residentially zoned lot.

B.

Antennas are not permitted for placement on the roof in the single-family or agricultural zones. Placement upon the roof may be permitted through a variance if the reception window would otherwise be blocked.

C.

Antennas are not permitted in single-family or agricultural zones, except that those mounted upon existing wood poles or buildings, are co-located with other facilities, or utilize micro-cell technology may be allowed by a conditional use permit, granted in accordance with Chapter 19.49.

D.

Monopole I facilities and lattices towers are not permitted in single-family or agricultural zones, except that those which utilize an existing wood pole, or serve co-located or micro-cell technology facilities may be allowed by a conditional use permit granted in accordance with Chapter 19.49.

E.

The shelter or cabinet used to house radio electronics equipment must be concealed, camouflaged or underground.

F.

If monopole I facilities or lattice towers are permitted in the single-family or agricultural zones, development of such shall meet the requirements of Section 19.59.080(D), (F), (J) and (L), and must meet the conditional use provisions of Chapter 19.49 and Section 19.59.150.

G.

Any facility not expressly permitted by this section, nor exempted by Section 19.59.040, is prohibited.

(Ord. 1032 § A(part), 1997).

A.

Antennas consisting of receive-only dishes (parabolic antennas) accessory to a residential use are permitted outright but must be screened if adjacent to or across the street from a residentially zoned lot.

B.

Antennas may be permitted with a conditional use permit granted in accordance with Chapter 19.49, except the attachments shall not be allowed on buildings with a solely residential use.

C.

Where possible, antennas shall be located on buildings, poles or other existing support structures.

D.

The shelter or cabinet used to house radio electronics equipment must be concealed, camouflaged or underground.

E.

Monopole I facilities and lattice towers are not permitted in multifamily or MH zones, except that those which utilize an existing wood pole, or serve co-located or micro-cell technology facilities may be allowed by a conditional use permit granted in accordance with Chapter 19.49.

F.

If monopole I facilities or lattice towers are permitted in multifamily or MH zones, development of such shall meet the requirements of Section 19.59.080(D), (F), (J) and (L), and must meet the conditional use provisions of Chapter 19.49 and Section 19.59.150.

G.

Any facility not expressly permitted by this section, nor exempted by Section 19.59.040, is prohibited.

(Ord. 1032 § A(part), 1997).

A.

Antennas are permitted in the commercial, industrial and PU districts, provided that they are not allowed on buildings with a solely residential use.

B.

Where possible, antennas shall be located on buildings, poles or other existing support structures.

C.

Pole- or tower-mounted antennas shall comply with the height limitation specified in the respective zone, except omnidirectional antennas which may exceed the height limit by fifteen feet.

D.

Antennas which extend above the wireless communications support structure shall not be calculated as part of the height of the wireless communication support structure. For example, the maximum height for a monopole I shall be sixty feet and the maximum height for antennas which may be installed on the support structure could be fifteen feet, making the maximum permitted height of the support and antennas seventy-five feet (sixty feet plus fifteen feet).

E.

Rooftop features provision: Small communication devices such as dishes less than four feet in diameter, panels less than four feet in height, and omnidirectional antennas, are exempt from height limit. Dishes over four feet in diameter, panels over four feet in height, horns and minor communication transmission towers may exceed the height limit by fifteen feet (or the rooftop, if above the current height limit) if the total roof coverage by all rooftop features does not exceed twenty percent.

F.

The city planner may decide whether a pole no more than one hundred feet tall will be wood or steel based on a determination of which material would be more appropriate at the proposed location.

G.

Monopole I or wood pole mounted wireless communications facilities are permitted outright in RCS, CS-3, ID and IBZ, unless adjacent to a single-family zone, in which case a conditional use permit granted in accordance with Chapter 19.49 will be required. A conditional use permit is required for monopole I or wood pole mounted facilities in the CS-1 and PU zones.

H.

Monopole II facilities and lattice towers may be permitted in the commercial, industrial and PU zones with a conditional use permit granted in accordance with Chapter 19.49 and Section 19.59.150. Permission in the CSL zone is contingent upon utilization of the structure for co-location of multiple (two or more) facilities or micro-cell technology. Monopole II facilities and lattice towers are permitted outright in the RCS, CS-3 and industrial zones, if facilities are co-located.

I.

Any monopole II or lattice tower which exceeds one hundred fifty feet in height shall require a conditional use permit granted in accordance with Chapter 19.49 and Section 19.59.150.

J.

A co-location upon an existing support structure shall be permitted.

K.

The shelter or cabinet used to house radio electronics equipment and the associated cabling connecting the equipment shelter or cabinet to the monopole I, monopole II or lattice tower must be concealed, camouflaged or underground.

L.

When a monopole I, monopole II or lattice tower is adjacent to a single-family zone, the wireless communications support structure must be set back a distance equal to or greater than the height of the wireless communications support structure from the nearest single-family lot line.

M.

Any facility not expressly permitted by this section, nor exempted by Section 19.59.040, is prohibited.

(Ord. 1032 § A(part), 1997).

(Ord. No. 1390, § D, 2-22-2011)

Except as outlined for modifications and consolidations pursuant to Section 19.59.060(I) and (J) communications facilities shall comply with the following setbacks.

A.

Transmission structures for the transmission or reception of cellular radio signals, which do not exceed the height limit of the zone in which they are located, shall be set back from the property line as required for other structures by the zone in which such transmission structure is located, except that no transmission structure shall be less than twenty feet from any property line abutting a residential zone.

B.

Transmission structures for the transmission or reception of cellular radio signals, which exceed the height limit of the zone in which they are located, shall be set back from property lines either a minimum of fifty feet or one foot for every foot in height, whichever results in the greater setback, except:

1.

Transmission structures located in the ID, IBZ, CSL, RCS, CS-3 and PU zones shall be set back from the property line as required for other structures by the zone in which such transmission structure is located, except that no transmission structure shall be less than twenty feet from any property line abutting a residential zone.

2.

Transmission structures located in any zone not specifically addressed in subdivision 1 of this subsection shall be subject to the setback requirements provided in the following table:

¹ The setback requirements apply to the transmission pole or tower and transmission equipment placed on the pole or tower. The city may permit a reduced setback, through a CUP or variance, if the applicant demonstrates that the facility will be adequately screened from public view.

² Transmission structures shall be set back an additional twenty feet from any property line abutting any A-1 or RS zoned properties.

³ "One-half for one" and "one for one" means the transmission structure shall be set back from all property lines one-half foot or one foot, respectively, for every foot of pole or tower height.

⁴ In the A-1 zone, five additional feet are required for the front setback.

C.

When two or more communications facilities share a common boundary, the setback from such boundary shall comply with the requirements of the zone in which the facilities are located, unless easements are provided:

1.

On the adjoining sites which limit development to communications facilities;

2.

Of sufficient depth to provide the setbacks required in subsections A and B of this section; and

3.

Which provide for the city as a third party signatory to the agreement.

D.

Transmitter buildings shall be subject to the setback requirements of the zone in which they are located.

(Ord. 1032 § A(part), 1997).

(Ord. No. 1390, § D, 2-22-2011)

No wireless communications facility, or attachment thereof, except those exempted in Sections 19.59.040, 19.59.060(I) or (J) shall be erected, re-erected, replaced, revised, attached, structurally altered or relocated by any person, firm or corporation from and after the effective date of the ordinance codified in this chapter without a permit issued by the city. No permit shall be required for repair, cleaning, or other normal maintenance, as long as the facility support structure is not modified in any way.

(Ord. 1032 § A(part), 1997).

Applications for wireless communications facility permits shall be made to the city planner upon permit forms provided by the city. Such applications shall require:

A.

Address and tax parcel number where wireless communications facility is to be erected and operated;

B.

Name and title of applicant;

C.

Name, address and telephone number of the firm doing the installation work;

D.

Name and address of the facility owner and/or operator;

E.

Written consent of the owner of the building, structure or property where the facility is to be erected.

(Ord. 1032 § A(part), 1997).

In addition to the above, a permit application for any wireless communication support structure (Section 19.59.050(A)) shall also include:

A.

A site development plan showing the location, size and design of all existing and proposed buildings and structures, including fences, the location, size and nature of outdoor equipment, and the location, number and species of all proposed landscaping. The plan should also include warning signs and access restrictions;

B.

A report by a licensed professional engineer demonstrating compliance with applicable structural standards of the UBC, and describing the general structural capacity of proposed transmission structure(s), including:

1.

The number and type of antennas that can be accommodated, and

2.

The basis or the calculation of capacity;

C.

A report by a state-licensed professional engineer that includes the following:

1.

A description of any proposed transmission tower(s) or structure(s), including height above grade, materials, color and lighting, and

2.

Information related to interference required by Section 19.59.060(F);

D.

Where a permit for a nonexempt wireless communications facility and support structure is required, the application shall also include the following information:

1.

The name and address of the operator(s) of proposed and existing antennas on the site,

2.

The height of any proposed antennas,

3.

The manufacturer, type, and model of such antennas,

4.

The frequency, modulation and class of service.

(Ord. 1032 § A(part), 1997).

The following special procedures and conditions shall apply to the review and issuance of permits:

A.

The applicant shall demonstrate that the proposed facility complies with all applicable laws and that it requires placement at a particular location to meet the needs of the service provider, including procedures involved in the site selection and an evaluation of the alternative sites.

B.

The height of proposed facilities is the minimum height necessary to fulfill the cell site's function. If the proposed wireless communications facility exceeds the permitted height of the zone, the applicant shall demonstrate a justification for the proposed height of the structures and shall include an evaluation of alternative designs which might result in a lower height.

C.

The applicant shall include an analysis of the feasibility and impacts of consolidated use of facilities with other service providers.

D.

The proposed towers and antennas are not being built on a speculative basis, but are immediately needed or the proper functioning of the system.

E.

If the wireless communications facility is located in city right-of-way, compensation may be required as recommended by the administration and set by city council.

(Ord. 1032 § A(part), 1997).

A.

In residential zones, the city planner shall determine if the use is appropriate at the proposed location based on the following criteria:

1.

The visibility of the facility is minimized through location, screening, or otherwise camouflaging the utility by painting it the same color as the building upon which it is located.

2.

The facility would not result in a commercial intrusion that is detrimental to the residential character of the area.

B.

If the facility includes a transmission tower, or if the facility would exceed the height limit for the zone including rooftop features provisions, the following additional criteria shall be used:

1.

The applicant shall demonstrate the need for the proposed utility to be in the zone and provide a justification for the proposed height.

2.

The materials, shape and color of the proposed utility or device are planned to minimize the negative visual impacts on adjacent or nearby residential areas to the greatest extent possible.

3.

The proposed utility will not be detrimental to the residential character of an area; for example, through the demolition of residential dwelling units in a residential zone.

(Ord. 1032 § A(part), 1997).

In addition to the conditional use permit criteria specified in Chapter 19.49 of this code, the following specific criteria must be met before a conditional use permit can be granted:

A.

Visual Impact.

1.

Antennas may not extend more than fifteen feet above their supporting monopole, lattice tower, building or other underlying structure.

2.

Towers should be screened or otherwise blended into surrounding vegetation and topography. In no case shall a tower project more than twenty percent above vegetation, topography or existing building structures within a radius equal to the tower's height.

3.

Accessory equipment facilities used to house wireless communications equipment should be located within buildings when possible. When they cannot be located in buildings, equipment shelters or cabinets shall be screened and landscaped in conformance with Section 19.59.060(H) of this chapter.

B.

Noise. No equipment shall be operated above forty-five decibels as measured from the nearest property line on which the wireless communications facility is located.

(Ord. 1032 § A(part), 1997).

For monopole I, monopole II and lattice tower mounted facilities, notification of a permit application shall be given to adjacent property owners within a five hundred-foot radius, the planning commission and the city council. The area within which mailed notice shall be expanded to include at least twenty different owners in rural or lightly inhabited areas or in other appropriate cases to the extent the enforcing official (city planner) determines is necessary. The standards of published notice and posting of property required by this section shall be pursuant to Chapter 17.07.

(Ord. 1032 § A(part), 1997).

Permit fees shall be in accordance with the current fee schedule adopted by city resolution. Upon approval of plans by the building official, where required, and payment of the required fee, the city planner shall issue the wireless communications facility permit. Permits shall be numbered in the order of their issuance and shall disclose:

A.

The type and description of the wireless communications facility as defined in this chapter;

B.

Evidence to support the application's compliance with the regulations of this chapter;

C.

The street address of the property upon which the facility will be installed;

D.

The amount of the fee paid for the permit;

E.

The date of issuance;

F.

The name of the person or company installing the facility;

G.

The name of the facility owner.

(Ord. 1032 § A(part), 1997).

Approval or denial of a permit request for wireless communications facilities, regulated by this chapter, shall be in writing.

(Ord. 1032 § A(part), 1997).

When an application for a communications facility does not require the approval of the planning commission and is not otherwise associated with a project application to be heard by another hearing body, the hearing examiner shall have the authority to grant a variance from the requirements of this chapter, subject to closed record appeal to the city council as provided in Chapter 17.11 LMC. If the communication facility requires the planning commission's approval under LMC Section 19.59.060, the planning commission shall consolidate the hearing on the variance with the hearing on the application and make a decision on both matters. If the variance application for the communication facility is otherwise dependent on or connected to another underlying project application for which an open record hearing is required, the two hearings shall be consolidated and the hearing body making the decision on the underlying project shall also issue a decision on the variance application.

(Ord. 1032 § A(part), 1997).

(Ord. No. 1615, § 2, 11-1-2021)

Where there is any dispute concerning the interpretation of this chapter, the decision of the city planner shall prevail, subject to open record appeal to the hearing examiner. The hearing examiner's decision shall be in writing and shall be subject to closed record appeal to the city council pursuant to Chapter 17.11 LMC.

(Ord. 1032 § A(part), 1997).

(Ord. No. 1615, § 2, 11-1-2021)

The enforcing official of this chapter shall be the city planner who is authorized and directed to enforce all the provisions of this chapter. Upon presentation of proper credentials, the city planner may enter at reasonable times any building, structure or premises to perform any duty imposed upon the city planner by this chapter. Facilities for which a permit is required may be inspected periodically by the city planner for compliance with this chapter.

(Ord. 1032 § A(part), 1997).

A.

A wireless communications facility, or attachment thereof, shall be removed by the facility owner within six months of the date it ceases to be used.

B.

The city planner may order the removal of any wireless communications facility erected, installed or allowed to remain in violation of this chapter.

1.

He or she shall give at least thirty days' notice in writing, to the owner of such facility, or of the building, structure or premises on which such facility is located, to remove the facility or to bring it into compliance with this chapter.

2.

The city planner may order removal of the facility at the expense of the owner of the premises if compliance with the written order is not obtained.

3.

Notice to the owner shall be deemed to be given as of the date of deposit in the United States mail addressed to the address on record that date at the office of the Whatcom County assessor.

C.

The city planner may cause any wireless communications facility which is erected or used in violation of this chapter to be summarily removed without notice and at the expense of the owner of the facility and/or premises if:

1.

The condition of placement of the facility presents in the opinion of the city planner an immediate threat to the safety of the public; or

2.

The facility is placed in a public right-of-way or upon city property or attached to a utility pole, tree or traffic facility in violation of this chapter.

(Ord. 1032 § A(part), 1997).

A.

Nonconforming facilities shall be removed or brought into compliance with this chapter no later than the expiration of the amortization period of each such facility, determined as follows:

1.

For facilities made nonconforming by passage of the ordinance codified in this chapter, January 1, 2002.

2.

For facilities made nonconforming by passage of any subsequent ordinance, five years after the effective date of such ordinance.

B.

Loss of Nonconforming Status.

1.

A nonconforming wireless communications facility shall immediately lose its legal, nonconforming status if:

a.

The facility is altered in any way in structure or color, or if the structure exceeds the allowable number of appurtenance facilities;

b.

The facility is damaged in excess of fifty percent of the original cost of the facility;

c.

The facility is relocated; or

d.

The facility is replaced.

2.

On the occurrence of any of the events described in subsection (B)(1) of this section, the wireless communications facility shall be immediately brought into compliance with this chapter with a new permit secured therefor, or shall be removed; provided, however, that the city planner may authorize specific alterations of such nonconforming facilities if it is found that:

a.

The end of the nonconforming facility's amortization period is more than two years away; and

b.

The total amount of aggregate noncompliance of the facility area of the existing facilities on the premises is reduced at least fifty percent by the proposed alterations; and

c.

The alteration shall not affect the original amortization period for the nonconforming facility.

C.

Notice of Nonconforming Facilities. The city planner shall endeavor to give notice of the legal nonconformance and amortization periods set forth in this section to the owners of wireless communications facilities required to be removed. Such notice should be given to the owners of the facilities as shown by city records within one hundred twenty days of the effective date of the ordinance which renders the facilities nonconforming, whichever occurs later. Only one such notice need be given. Failure of the city planner to give the notice specified in this section, or failure of the facility owner to receive any such notice shall not limit or affect the city's power to enforce this chapter, or in any way reduce the ability of the city to require removal of the nonconforming facilities as provided by law.

D.

Administrative Appeal. The owner of a nonconforming wireless communications facility may appeal to the city planner to request an extended period of use of such facility beyond the amortization period determined by this section. Any such appeal must be made to the city planner upon forms provided by the city and must be accompanied by an appeal filing fee as set by resolution of the city council. The city planner shall require that the appellant provide as part of the appeal a general description of the facility, its dimensions and physical position; evidence sufficient to establish the date and cost of the facility as originally constructed and installed; the amount of depreciation claimed and the depreciation schedule used for such facility as reflected by Internal Revenue Service schedules for prior years; the estimated cost of relocation or alteration of such facility, where applicable; together with any other information or documents specified by the city planner which are reasonably necessary to assist the city in making a determination on the appeal. The city planner shall consider the statements and documentary evidence contained in the application and any supplementary information which may reasonably be required. In addition, the city planner shall inspect the subject facility to determine its general condition, state of repair, and the extent to which the facility does not conform to the requirements and limitations of this chapter. The city planner may also request that the facility is inspected by the building official for structural soundness and building details. In making the determination, the city planner shall consider the unrecoverable cost invested in the facility, the estimated remaining life of the facility, and the degree of nonconformity. The city planner shall prepare and make available for public inspection the specific method used in processing such appeals. All determinations of appeals made pursuant to this section shall be made in writing with specific findings of fact and conclusions in support of the decision. All such determinations of the city planner are subject to open record appeal to the hearing examiner as provided by this title. The hearing examiner's decision shall be subject to closed record appeal to the city council under the procedures in Chapter 17.11 LMC.

(Ord. 1032 § A(part), 1997).

(Ord. No. 1615, § 2, 11-1-2021)

This chapter shall not be constituted to relieve from or lessen the responsibility of any person owning, building, altering, constructing, or removing or moving any facility in the city for damages to anyone injured or damaged either in person or property by any liability by reason of permit or inspection authorized in this chapter or a certificate of inspection issued by the city or any of its agents.

(Ord. 1032 § A(part), 1997).

A.

A violation of any term or provision of this chapter or of any permit hereunder, or failure to comply with a lawful order of the city planner community development director as provided in this chapter is a civil infraction and shall subject the person responsible for the violation to a C-8 penalty (see LMC 1.24.040).

B.

Each calendar day of any continuing violation shall be deemed a separate and distinct violation.

(Ord. 1032 § A(part), 1997).

(Ord. No. 23-1680, § 3, 1-16-2024)