Shelton City Zoning Code
CHAPTER 20
66 WIRELESS COMMUNICATIONS FACILITIES
§ 20.66.010 Purpose and intent.
In addition to the general purposes of the comprehensive plan and the zoning ordinance, the intent of this chapter is to provide for a wide range of locations and options for wireless communication providers while minimizing the unsightly characteristics associated with wireless communication facilities and to encourage creative approaches in locating wireless communication facilities which will blend in with the surroundings of such facilities.
This chapter shall not be applied to unreasonably discriminate among providers of functionally equivalent services, or to prohibit or have the effect of prohibiting the provision of wireless services.
(Ord. 1483-1197 § 1 (part), 1997; Ord. 1850-0614 § 1 (part), 2014)
§ 20.66.020 Definitions.
“Accessory antenna device”
is an antenna including, but not limited to, test mobile antennas and global positioning (GPS) antennas which are less than twelve inches in height or width, excluding the support structure.
“Antenna”
is any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio frequency signals.
“Attached wireless communication facility”
is a wireless communication facility that is affixed to an existing structure and is not considered simply a component of an attached wireless communications facility.
“Collocation”
means the mounting or installation of equipment on an existing tower, building, or structure for the purpose of either transmitting or receiving, or both, radio frequency signals for communications purposes.
“Directional antenna”
(also known as a panel antenna) transmits and receives radio frequency signals in a specific directional pattern of less than three hundred sixty degrees.
“Equipment shelter or cabinet”
is a room, cabinet or building used to house equipment for utility or service providers.
“Existing structure”
is any existing tower, pole, building, or other structure capable of supporting wireless service facilities.
“Guyed tower”
is a wireless communication 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”
is a wireless communication support structure which consists of metal crossed strips or bars to support antennas and related equipment.
“Macro facility”
is an attached wireless communication facility which consists of antennas equal to or less than fifteen feet in height or a parabolic antenna up to one meter (thirty-nine and thirty-seven-one-hundredths inches) in diameter and with an area not more than one hundred square feet in the aggregate as viewed from any one point.
“Microcell”
means a wireless communication facility consisting of an antenna that is either equal to or less than four feet in height and with an area of not more than five hundred eighty square inches; or if a tubular antenna, no more than four inches in diameter and no more than six feet in length.
“Mini facility”
is an attached wireless communication facility which consists of antennas equal to or less than ten feet in height or a parabolic antenna up to one meter (thirty-nine and thirty-seven-one-hundredths inches) in diameter and with an area not more than fifty square feet in the aggregate as viewed from any one point.
“Monopole I”
is a wireless communication facility which consists of a support structure, the height of which shall not exceed sixty feet.
“Monopole II”
is a wireless communication facility, which consists of a wireless communications support structure, greater than sixty feet in height erected to support wireless communication antennas and connecting appurtenances.
“Obsolete”
means that a facility has ceased to be operational, is no longer technically necessary to provide service per the operator’s legal requirements, or has fallen into disrepair.
“Omni-directional antenna”
(also known as a whip antenna) transmits and receives radio frequency signals in a three-hundred-sixty-degree radial pattern. For the purpose of this document, an omni-directional antenna is up to fifteen feet in height and up to four inches in diameter.
“Parabolic antenna”
(also known as a dish antenna) is a bowl-shaped device for the reception and/or transmission of radio frequency communications signals in a specific directional pattern.
“Related equipment”
is 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.
“Substantial increase in the size of a tower”
means:
1.
The mounting of the proposed antenna on the tower would increase the existing height of the tower by more than ten percent, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this paragraph if necessary to avoid interference with existing antennas; or
2.
The mounting of the proposed antenna would involve the installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four, or more than one new equipment shelter; or
3.
The mounting of the proposed antenna would involve adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this paragraph if necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable; or
4.
The mounting of the proposed antenna would involve excavation outside the current tower site, defined as the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site.
For the purpose of this definition, “tower” is any structure built for the sole or primary purpose of supporting FCC-licensed antennas and their associated facilities. |
“Substantially change the physical dimensions”
means:
1.
The mounting of equipment on a structure that would increase the height of the structure by more than ten percent, or twenty feet, whichever is greater; or
2.
The mounting of equipment that would involve adding an appurtenance to the body of the structure that would protrude from the edge of the structure more than twenty feet, or more than the width of the structure at the level of the appurtenance, whichever is greater.
“Transmission tower”
is a freestanding structure, other than a building, on which communication devices are mounted. Transmission towers may serve either as a major or minor communication facility. Examples include, but are not limited to, monopoles, lattice towers and guyed towers.
“Wireless communication facility”
is an unstaffed facility for the transmission and reception of low-power radio signals consisting of an equipment shelter or cabinet, a support structure, antennas (e.g., omni-directional, panel/directional or parabolic) and related equipment.
“Wireless communication support structure”
is the structure erected to support wireless communication antennas and connecting appurtenances. Support structure types include, but are not limited to, stanchions, monopoles, lattice towers, wood poles or guyed towers.
“Wireless services”
are wireless data and telecommunications services, including commercial mobile services, commercial mobile data services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations.
“Wireless service facilities”
are facilities for the provision of wireless services.
(Ord. 1483-1197 § 1 (part), 1997; Ord. 1850-0614 § 1 (part), 2014)
§ 20.66.030 Summary matrix of standards for telecommunications facilities.
Facility Type | Zones Allowed In | Max. Height | Setback From Res. | Separation From Other Facilities |
|---|---|---|---|---|
Microcell | all | 4 ft. | none | 1,320 ft. |
Mini | all, except NR | 10 ft. | none | none |
Macro | all, except NR | 15 ft. | none | none |
Monopole I | I, C/I, GC1 | 60 ft.2 | 4x height | 1,320 ft. |
Monopole II and lattice tower | I, C/I | 150 ft.2 | 4x height | 1,320 ft. |
1 | Allowed in GC zone only through conditional use permit. |
2 | Support structure only. Antennas up to fifteen feet in height may be added (see development standards). |
(Ord. 1483-1197 § 1 (part), 1997; Ord. 1850-0614 § 1 (part), 2014)
§ 20.66.040 Standard conditions-Duration of permits.
A.
Any permit issued for a wireless communications facility governed by this chapter shall have the following standard conditions attached:
1.
In the event that this wireless communications facility or attached wireless communications facility becomes obsolete, the owner of this facility shall notify the city within sixty days of such obsolescence.
2.
The city may, at its discretion, require the owner of this facility to remove the facility if it becomes obsolete. Such removal shall be at the owner’s expense, and shall occur no more than one hundred eighty days after the city notifies owner of a requirement to remove the facility.
3.
If the owner has failed to remove an obsolete facility after sixty days’ advanced written notice from the city, the city may, at its discretion, remove or cause to be removed the obsolete facility. In the event of city removal, the owner of this facility will be liable for all related expenses and waives the right to pursue legal remedy of this requirement.
4.
All permits for structures allowed under this chapter shall remain in effect for no more than five years from the date upon which the facility is put into actual use. After this time, the permits will become void. Applicants or subsequent owners or operators of the facility may apply for extensions of the permits by requesting such in writing to the city. The city shall grant extensions only after demonstration by the applicant that all currently available technology will be employed to reduce size or impacts of the facility to the highest degree possible. Extensions shall not be for more than five years after which time additional extensions may be granted under this subsection.
B.
Applicants for monopole I, monopole II and/or lattice towers shall demonstrate to the satisfaction of the city that collocation of the facilities applied for on an existing monopole or lattice tower structure or on an existing building or structure of any type is not feasible. Such demonstration shall be in writing and contain technical data and information as needed.
(Ord. 1483-1197 § 1 (part), 1997; Ord. 1850-0614 § 1 (part), 2014)
§ 20.66.045 Approval standard.
The city shall approve any application for modification of a wireless communication support structure that involves collocation, removal, or replacement of a wireless communication facility and does not substantially change the physical dimensions of such support structure.
(Ord. 1850-0614 § 1 (part), 2014)
§ 20.66.046 Application procedures.
A.
The city must issue a written decision granting or denying a collocation application within ninety days of the submission of the initial application unless:
1.
The timeline is extended by mutual consent of the applicant and the city; or
2.
The city notifies the applicant that its application is incomplete within twenty-eight days of filing. If the city does so, the timeline is paused until the application is completed.
B.
The city must issue a written decision granting or denying a noncollocation application within one hundred fifty days of the submission of the initial application unless:
1.
The timeline is extended by mutual consent of the applicant and the city; or
2.
The city notifies the applicant that its application is incomplete within twenty-eight days of filing. If the city does so, the timeline is paused until the application is completed.
C.
An application is considered to be a noncollocation application if it is an application for a new support structure, or if it involves a substantial increase in the size of a tower.
D.
Application denials shall be in writing and be supported by substantial evidence contained in a written record.
(Ord. 1850-0614 § 1 (part), 2014)
§ 20.66.050 Development standards for microcells.
A.
Microcells are permitted in all zones.
B.
A microcell shall be located on existing buildings, poles or other existing support structures. A microcell may locate on buildings and structures; provided, that the interior wall or ceiling immediately adjacent to the facility is not designated residential space.
C.
Microcells are exempt from the height limitation of the zone in which they are located. Structures which are nonconforming with respect to height, may be used for the placement of omn-idirectional antennas providing they do not extend more than six feet above the existing structure. Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure.
D.
The microcell shall be the same color as the existing building, pole or support structure on which it is proposed to be located.
E.
The shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or otherwise appropriately concealed, camouflaged or located underground.
F.
In neighborhood residential (NR) zones, microcells for a specific wireless provider shall be separated by a distance equal to or greater than one thousand three hundred twenty linear feet from other microcells of the same wireless provider.
(Ord. 1483-1197 § 1 (part), 1997; Ord. 1850-0614 § 1 (part), 2014)
§ 20.66.060 Development standards for mini facilities.
A.
Mini facilities are permitted in all zones except neighborhood residential (NR) zones.
B.
The mini facility may be located on buildings and structures; provided, that the immediate interior wall or ceiling adjacent to the facility is not a designated residential space.
C.
The mini facility shall be the same color as the existing building, pole or support structure on which it is proposed to be located.
D.
The shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or otherwise appropriately concealed, camouflaged or located underground.
E.
Mini facilities shall comply with the height limitation specified for all zones except as follows: Omnidirectional antennas may exceed the height limitation by ten feet, or in the case of nonconforming structures the antennas may extend ten feet above the existing structure. Panel antennas may exceed the height limitation if affixed to the side of an existing nonconforming building and if they blend in architecturally with the building. Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure.
(Ord. 1483-1197 § 1 (part), 1997; Ord. 1850-0614 § 1 (part), 2014)
§ 20.66.070 Development standards for macro facilities.
A.
Macro facilities are permitted in all zones except neighborhood residential (NR) zones.
B.
Macro facilities may be located on buildings and structures; provided, that the immediate interior wall or ceiling adjacent to the facility is not a designated residential space.
C.
The macro facility shall be the same color as the existing building, pole or support structure on which it is proposed to be located.
D.
The shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or otherwise appropriately concealed, camouflaged or located underground.
E.
Macro facilities shall comply with the height limitation specified for all zones, except as follows: omnidirectional antennas may exceed the height limitation by fifteen feet, or in the case of nonconforming structures the antennas may extend fifteen feet above the existing structure. Panel antennas may exceed the height limitation if affixed to the side of an existing building and if they blend in architecturally with the building. Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure.
(Ord. 1483-1197 § 1 (part), 1997; Ord. 1850-0614 § 1 (part), 2014)
§ 20.66.080 Development standards for monopole I.
A.
Monopole I facilities are only permitted outright in the industrial (I) and commercial-industrial (CI).
B.
Monopole I facilities are permitted in the general commercial (GC) zone with a conditional use permit pursuant to the conditions and provisions of Chapter 20.44.
C.
Monopole I facilities are not permitted in any other zone district.
D.
Antennas equal to or less than fifteen feet in height or up to four inches in diameter may be a component of a monopole I facility. Antennas which extend above the wireless communications support structure shall not be calculated as part of the height of the monopole I wireless communications support structure. For example, the maximum height for a monopole I shall be sixty feet and the maximum height of antennas which may be installed on the support structure could be fifteen feet, making the maximum permitted height of the support structure and antennas seventy-five feet (sixty feet plus fifteen feet). These height limits are subject to the requirements of subsection L of this section.
E.
Collocation on an existing support structure shall be permitted. Macro facilities are the largest wireless communication facilities allowed on monopole I.
F.
The shelter or cabinet used to house radio electronics equipment and the associated cabling connecting the equipment shelter or cabinet to the monopole I facilities shall be concealed, camouflaged or placed underground. Monopole I facilities shall be subject to any design review standards per Chapter 20.64 provided in the subject zone.
G.
Monopole I facilities shall be landscaped in conformance with Chapter 20.60.
H.
Monopole I facilities adjacent to the neighborhood residential (NR) zone shall be set back a distance equal to four times the height of the wireless communication support structure from the nearest residential lot line.
I.
Monopole I facilities zone shall be set back a distance equal to four times the height of the wireless communication support structure from all public schools.
J.
A distance equal or greater than one thousand three hundred twenty feet shall separate monopole I from each other and from monopole II and lattice tower facilities.
K.
A fence, sufficient to prevent entry to the facility by unauthorized persons shall be provided.
L.
An applicant for a permit must demonstrate that the height requested is the minimum necessary to provide the proposed service in the area served.
(Ord. 1483-1197 § 1 (part), 1997; Ord. 1850-0614 § 1 (part), 2014)
§ 20.66.090 Development standards for monopole II and lattice towers.
A.
Monopole II and lattice tower facilities are only permitted in the industrial (I) and commercial-industrial (CI) zone districts, provided the wireless communications support structure shall be designed to accommodate two or more wireless communications facilities.
B.
Monopole II and lattice tower facilities are not permitted in any other zone district.
C.
Collocation of wireless communication facilities on an existing support structure shall be permitted.
D.
Collocation on an existing support structure shall be permitted without an additional conditional use permit, provided there is not substantial change to the physical dimensions of an existing support structure.
E.
Macro facilities are the largest permitted wireless communication facilities allowed on a monopole II or lattice tower. Antennas which extend above the lattice tower wireless communications support structure shall not be calculated as part of the height of the wireless communications support structure. For example, the maximum height (without a conditional use permit) for a monopole II or lattice tower shall be one hundred fifty feet and the maximum height of antennas which may be installed on the support structure could be fifteen feet, making the maximum permitted height of the support structure and antennas one hundred sixty-five feet (one hundred fifty feet plus fifteen feet). These height limits are subject to the requirements of subsection L of this section.
F.
The shelter or cabinet used to house radio electronics equipment and the associated cabling connecting the equipment shelter or cabinet to the monopole II or lattice tower support structure shall be concealed, screened, camouflaged or placed underground. Lattice tower facilities shall be subject to any design review standards per Chapter 20.64 provided in the subject zone.
G.
Monopole II and lattice towers shall be landscaped in conformance with Chapter 20.60 of this code.
H.
Monopole II and lattice towers adjacent to the NR, CR-V, CR-G, MU and DT zones shall be set back a distance equal to or greater than four times the height of the wireless communication support structure from the nearest residential lot line. In any case, if the monopole II or lattice tower is within three hundred feet of a single-family lot, a conditional use permit will be required pursuant to the conditions and provisions of Chapter 20.44 of this code.
I.
Monopole II and lattice towers shall be set back a distance equal to four times the height of the wireless communication support structure from all public schools.
J.
A distance equal or greater than one thousand three hundred twenty feet shall separate monopole II and lattice towers from each other and from monopole I facilities.
K.
A fence, sufficient to prevent entry to the facility by unauthorized persons shall be provided.
L.
An applicant for a permit must demonstrate that the height requested is the minimum necessary to provide the proposed service in the area served.
(Ord. 1483-1197 § 1 (part), 1997; Ord. 1850-0614 § 1 (part), 2014)
§ 20.66.100 Exemptions.
The following are exempt from the requirements of this chapter, and shall be considered a permitted use in all zones where wireless and attached wireless communications facilities are permitted:
A.
Minor modifications of existing wireless communications facilities and attached wireless communications facilities, whether emergency or routine, so long as there is little or no change in the visual appearance. Minor modifications are those modifications, including the addition of antennas, to conforming wireless and attached wireless communications facilities that meet the performance standards set forth in this document;
B.
Structures and facilities maintained and operated by amateur radio operators for personal use consistent with applicable state and federal regulations;
C.
Structures and facilities maintained and operated by public entities for emergency, police or fire communication, or for public utility operations.
(Ord. 1483-1197 § 1 (part), 1997; Ord. 1850-0614 § 1 (part), 2014)
§ 20.66.105 SEPA exemptions.
A.
Decisions pertaining to applications to site wireless services facilities are not subject to the requirements of RCW 43.21C.030(2)(c) if the project:
1.
Is collocation of new equipment, removal of equipment, or replacement of existing equipment on existing or replacement structures and the project does not substantially change the physical dimensions of such structures; or
2.
Involves constructing a wireless service tower less than sixty feet in height that is located in a commercial, industrial, manufacturing, forest, or agricultural zone.
B.
Notwithstanding the provisions of this section, wireless service projects are subject to the requirements of RCW 43.21C.030(2)(c) if they are within a designated critical area.
(Ord. 1850-0614 § 1 (part), 2014)
