Snoqualmie City Zoning Code
CHAPTER 17
77 WIRELESS COMMUNICATION FACILITIES
§ 17.77.010 Purpose and objectives.
A.
Provision of Opportunities for Wireless Communication Services Providers. The purpose of this chapter is to regulate the placement of wireless communication facilities (WCFs) within the city consistent with applicable federal, state and local laws and regulations, while providing for an orderly development of the city and protecting the health, safety, and general welfare of the city's residents and property owners.
B.
Preservation of Character. A primary objective of this chapter is to preserve the existing visual and aesthetic character of the city and its neighborhoods, as well as minimizing the noise impacts generated by WCFs. Preserving the visual and aesthetic character of the city includes the protection of views within the city that create a special character for the community, particularly views of Mount Si, Snoqualmie Falls, and the Snoqualmie River; and minimizing the intrusion of noise, visual, and aesthetic impacts associated with WCF uses into residential neighborhoods.
C.
The following are additional objectives of this chapter:
1.
Regulate the placement of wireless communication facilities in such a manner as to allow for the provision of adequate wireless communications services to citizens, the traveling public and others within the city, and to accommodate the need for connection of such services to wireless facilities in adjacent and surrounding communities;
2.
Establish development regulations consistent with the goals and policies of the Snoqualmie Comprehensive Plan 2014, as subsequently updated or amended;
3.
Provide for appropriate locations for WCFs, consistent with applicable federal, state and local laws and regulations and coverage needs of the city's residential, educational, public safety, business and other users, as well as visitors;
4.
Encourage the use of appropriate technology that has minimal adverse environmental, noise, and visual impacts on the city and the prompt removal of abandoned facilities;
5.
Prioritize the location of WCFs upon existing nonresidential structures and regulate the design, siting, screening and construction of WCFs in such a manner that minimizes to the greatest extent feasible the visual and aural impact of such facilities on nearby residents, properties and community character;
6.
Establish standards for WCFs to mitigate the visual and noise impacts associated with those facilities;
7.
Allow the use of some developed streets for certain WCFs in order to reduce the impact of WCFs upon residential areas of the city where the siting of WCFs in residential zoning districts is otherwise desired by a WCF provider;
8.
Allow the placement of WCFs upon existing high voltage transmission towers in private rights-of-way in commercial and certain mixed use zones to reduce the need of such facilities within residential areas and to reduce the impacts of WCFs upon residential and other properties; and
9.
Regulate the placement of WCFs on a competitively neutral basis.
(Ord. 1168 § 2 (Att. A), 2015; Ord. 1198 § 22 (Exh. D), 2017)
§ 17.77.020 Definitions.
A.
"Antenna"
means a system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio frequency signals.
B.
"Antenna array"
means two or more devices used for the transmission or reception of radio frequency signals, microwave or other signals for commercial communications purposes.
C.
"Applicant"
means any person, firm or entity seeking to place a WCF within the boundaries of the city.
D.
"Attached wireless communication facility"
means a wireless communication facility that is affixed to an existing structure, for example, an existing building, tower, water tank, utility pole, light pole, or other structure, which does not include an additional wireless communication support structure.
E.
"Base station"
means a structure or equipment at a fixed location that enables Commission-licensed or Commission-authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this section or any equipment associated with a tower.
1.
The term "base station" includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as fixed wireless services such as microwave backhaul.
2.
The term "base station" includes, but is not limited to, radio transceivers, antennas, coaxial or fiber optic cable, regular and back-up power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).
3.
The term "base station" includes any structure other than a tower that, at the time the relevant application is filed with the city under this chapter, supports or houses equipment described in subsections (E)(1) and (2) of this section that has been reviewed and approved under the applicable siting process specified in this chapter, even if the structure was not built for the sole or primary purpose of providing such support.
4.
The term does not include any structure that, at the time the relevant application is filed with the city under this chapter, does not support or house equipment described in subsections (E)(1) and (2) of this section.
F.
"Camouflaged"
means a wireless communication facility that is designed to blend into the surrounding environment through the use of shape, color and texture to cause an object to visually appear to become a part of something else. Examples of camouflaged facilities may include architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, towers made to look like trees, and antenna support structures designed to look like flagpoles or light poles.
G.
"Carrier"
means a wireless communication services provider.
H.
"Collocation"
means the mounting or installation of additional equipment on an existing tower, base station, building or other structure for the purpose of either transmitting or receiving, or both, radio frequency signals for communications purposes.
I.
"Concealment"
means fully hidden from view. For example, a WCF is concealed when it is completely hidden or contained within a structure, such as a building, wall, roof or pole.
J.
"Developed street"
means any public right-of-way classified as an alley (in commercial areas only), residential access street, collector street, minor arterial, or principal arterial and which is partially or fully developed and open to transportation or pedestrian use by the public at large.
K.
"Director"
means the director of community development.
L.
"Equipment enclosure"
means a structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communication signals. Associated equipment may include air conditioning and emergency generators.
M.
"Eligible facilities request"
means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:
1.
Collocation of new transmission equipment;
2.
Removal of transmission equipment; or
3.
Replacement of transmission equipment.
N.
"Eligible support structure"
means any tower or base station, as defined in this section, that is existing at the time the relevant application is filed with the city under this chapter.
O.
"Existing structure"
means any existing tower, pole, base station, building, or other structure capable of supporting wireless service facilities, not including park play structures or accessory structures. A constructed tower or base station is "existing" for purposes of this chapter if it has been reviewed and approved under the applicable siting process specified in this chapter; provided, that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed at that time, is existing for purposes of this definition.
P.
"FCC" or "Commission"
means the Federal Communications Commission.
Q.
"Height"
means the vertical distance measured from preexisting ground level to the highest point on the WCF, including but not limited to the antenna or antenna array, except that for a WCF attached to the top of a building, "height" shall be measured from the average finished grade around the building.
R.
"Licensed carrier"
means any person, firm or entity licensed by the FCC to provide personal wireless services, which is in the business of providing same.
S.
"Macrocell facility"
means a large wireless communication facility that provides radio frequency coverage served by a high power cellular base station. Generally, macrocell antennas are mounted on ground-based towers, rooftops and other existing structures, at a height that provides a clear view over the surrounding buildings and terrain. Macrocell facilities typically cover large geographic areas with relatively high capacity and are capable of hosting multiple wireless service providers.
T.
"Minor facility"
means a wireless communication facility consisting of up to three antennas, each of which is either: (1) four feet in height and with an area of not more than 580 square inches; or (2) if a tubular antenna, no more than four inches in diameter and no more than six feet in length; and the associated equipment cabinet that is six feet or less in height and no more than 48 square feet in floor area.
U.
"Mount"
means to attach an antenna or antenna array to a street pole, building, structure, monopole or other approved support structure.
V.
"Nonsubstantial modification"
means a modification that does not substantially change the physical dimensions of a tower or base station.
W.
"Personal wireless services"
means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal law and regulations.
X.
"Residential property"
means all portions of any property which contains a residence and all portions of any vacant property which is zoned for residential use, or which has been designated for residential use in an approved mixed use final plan.
Y.
"Site"
means, for towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements appurtenant to the site at the time of an application under this chapter, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground at the time of an application under this chapter.
Z.
"Small cell facility"
means a personal wireless services facility that meets both of the following qualifications:
1.
Each antenna is located inside an antenna enclosure of no more than three cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three cubic feet; and
2.
Primary equipment enclosures are no larger than 17 cubic feet in volume. The following associated equipment may be located outside the primary equipment enclosure and, if so located, are not included in the calculation of equipment volume: electric meter, concealment, telecom demarcation box, ground-based enclosures, battery back-up power systems, grounding equipment, power transfer switch, and cut-off switch.
AA.
"Small cell network"
means a collection of interrelated small cell facilities designed to deliver personal wireless services.
BB.
"Stealth structure"
means wireless communication facilities, including, but not limited to, microcells, antennas, equipment cabinets, and any other ancillary equipment that is integrated as an architectural feature of a structure so that the purpose of the facility for providing wireless services is not readily apparent as seen from any street or any adjacent property, improved or unimproved. The addition of landscaping, walls, fences, or grading as camouflaging or screening techniques does not make an otherwise visible facility a stealth facility.
CC.
"Street pole"
means telephone, electric, or street light poles located in a developed street.
DD.
"Substantially change the physical dimensions of an eligible support structure"
means a modification that meets any of the following criteria:
1.
For towers other than towers in the public rights-of-way, the modification increases the height of the tower by more than 10 percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10 percent or more than 10 feet, whichever is greater. For purposes of this definition, an increase in height shall be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, an increase in height shall be measured from the top dimension of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of Section 6409 of the Federal Middle Class Tax Relief Act, 47 U.S.C. Section 1455(a);
2.
For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;
3.
For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or involves installation of ground cabinets that are more than 10 percent larger in height or overall volume than any other ground cabinet(s) associated with the structure;
4.
It entails any excavation or deployment outside the current site, with "site" as defined in this section;
5.
It would defeat the concealment elements of the eligible support structure for which the modification is proposed; or
6.
It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that, while noncompliant, does not exceed the thresholds identified in subsections (DD)(1) through (4) of this section.
EE.
"Support structure"
means the structure to which antenna and other necessary associated hardware is mounted. Support structures include but are not limited to the following:
1.
Guyed Tower.
A freestanding or supported wireless communication support structure which consists of metal crossed strips or bars and is steadied by wire guys in a radial pattern around the tower.
2.
Lattice Tower.
A self-supporting wireless communication support structure which consists of metal crossed strips or bars to support antennas and related equipment.
3.
Monopole.
A freestanding vertical support structure consisting of a single pole sunk into the ground and/or attached to a foundation, without guy wires or ground anchors, typically with a platform or bracket for mounting one or more antennas.
FF.
"Temporary WCF"
means a nonpermanent WCF installed on a short-term basis, for the purpose of evaluating the technical feasibility of a particular site for placement of a WCF, for addressing a short-term capacity need for an event through use of a "cell on wheels" (COW), and/or for providing emergency communications during a natural disaster or other emergency that may threaten the public health, safety and welfare. Examples of temporary WCFs include, but are not limited to, placement of an antenna upon a fully extended bucket truck, crane, or other device capable of reaching the height necessary to evaluate the site for placement of a WCF.
GG.
"Tower"
means any structure built for the sole or primary purpose of supporting any Commission-licensed, Commission-authorized antennas and their associated facilities, including structures that are constructed for wireless communications services, including, but not limited to, private, broadcast, and public safety services, as well as fixed wireless services such as microwave backhaul, and the associated site.
HH.
"Transmission equipment"
means equipment that facilitates transmission for any Commission-licensed or Commission-authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and back-up power supply.
II.
"Viewshed"
means scenic views of natural and built areas and features, including, but not limited to: tree-covered hillsides; the "feathered edge" along ridgelines surrounding the city; views of the built environment that contain significant architectural or historical features; natural features such as lakes, rivers, streams or mountains; an area of landscaping of local or regional significance; or a public art work.
JJ.
"Wireless communication facility" or "WCF"
means any unstaffed facility for the transmission and/or reception of radio or microwave signals used for wireless communication services, including, but not limited to, antennas, dish antennas, microwave antennas, and other types of equipment for the transmission or receipt of such signals, including telecommunications towers and similar supporting structures, equipment cabinets or buildings, parking areas, and other accessory development. This definition does not apply to amateur radio stations as defined by the FCC, Part 97 of the Commission's Rules.
KK.
"Wireless services"
means 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.
LL.
"Wireless service facilities"
means facilities for the provision of wireless services.
(Ord. 1168 § 2 (Att. A), 2015; Ord. 1198 § 22 (Exh. D), 2017)
§ 17.77.030 Permit required for construction of wireless communication facilities.
A.
The placement or modification of any WCF at any location within the city is subject to the provisions of this chapter.
B.
No wireless communication facility shall be installed, constructed, enlarged or modified without an approved wireless communication facility permit, and a conditional use permit as applicable, issued pursuant to the provisions of this chapter. Approval of a wireless communication facility permit does not eliminate the requirement for a building permit for any building or structure associated with such facility if otherwise required by the International Building Code (IBC), or for compliance with all applicable requirements of the IBC.
C.
Application Requirements – New Wireless Communication Facility. The following information shall be included in a wireless communication facility permit application for a new wireless communication facility or a proposed modification that would substantially change the physical dimensions of an existing WCF:
1.
Applications must be submitted on behalf of and signed by a licensed carrier for a facility specifically needed to address that carrier's demonstrated gap in coverage and/or lack of capacity to meet current or projected system demand.
2.
Geographic Service Area. The applicant shall identify the geographic service area for the proposed facility, including a map showing all of the licensed carrier's existing facilities in the local service network associated with the proposed WCF. The application shall describe how this service area fits into and is necessary for the carrier's service network and explain how the proposed facility is the minimum facility needed to address a demonstrated gap in coverage and/or lack of capacity to meet current or projected system demand in the carrier's service area.
3.
Visual Impact. Except as otherwise specified in subsection (C)(5) of this section, the applicant shall provide a visual impact analysis showing the maximum silhouette, viewshed analysis, color and finish palette, and proposed screening for all components of the proposed facility. The analysis shall include photo-simulations and other information as necessary to determine visual impact of the facility as seen from multiple directions. The applicant shall include a map showing where the photos were taken.
4.
Technological Design Options and Alternative Site Analysis. For new WCFs and substantial modifications, the applicant shall include an analysis of alternative sites and technological design options for the facility within and outside of the city that are capable of filling the same service coverage and capacity gap as the proposed site with an equivalent or lesser visual impact. If a new tower is proposed, the applicant must demonstrate the need for a new tower, and why alternative locations and/or alternative macrocell design alternatives, such as antennas attached to existing nonresidential buildings/structures and/or collocations, cannot be used to meet the demonstrated gap in coverage or lack of capacity to meet current or projected service demand.
5.
For applications for new small cell antennas or minor facility installations, provide photo-simulations of the proposed facility at varying distances from adjacent residential, adjacent designated landmark properties, adjacent properties located within designated historic/landmark districts, and public rights-of-way.
6.
Narrative. The application shall include a written narrative that describes in detail all of the equipment and components to be included in the facility, e.g., antenna(s) and arrays, equipment cabinet(s), back-up generator(s), air conditioning unit(s), lighting, fencing, etc. The following information shall also be provided:
a.
Height. Provide an engineer's diagram showing the height of the facility and all of its aboveground components. Carriers must provide evidence that establishes that the proposed facilities are designed to the minimum height required from a technological standpoint for the proposed site to address the carrier's demonstrated coverage gap and/or lack of capacity. If the tower height will exceed the height restrictions for the proposed location, this narrative shall include a discussion of the physical constraints (topographical features, etc.) making the additional height necessary, and shall include consideration of location, siting or design alternatives that would avoid the need for the new facility or the requested height.
b.
Construction. Describe the anticipated construction techniques and time frame for construction or installation of the facilities. This narrative shall include all temporary staging and the type of vehicles and equipment to be used.
c.
Maintenance. Describe the anticipated maintenance and monitoring program for the antennas, back-up equipment, and landscaping.
d.
Noise/Acoustical Information. Provide manufacturer's specifications for all noise-generating equipment such as air conditioning units and back-up generators, and a depiction of the equipment location in relation to adjoining properties, along with a report prepared by a qualified professional regarding the operating decibel (dB) level of the proposed WCF installation, as measured at the property line nearest the proposed location.
e.
Collocation. In the case of new multi-user towers or similar support structures, the applicant shall submit engineering feasibility data and a letter stating the applicant's willingness to allow other carriers to collocate on the proposed facilities wherever technically feasible.
7.
A site plan at one inch equals 20 feet scale showing the specific placement of the wireless communication facility components on the site; and showing the location of existing structures, trees, and other significant site features.
8.
A site plan, details and specifications stamped by a professional engineer licensed in Washington State, including manufacturer cut sheets where appropriate, for all facilities to be constructed that indicates compliance with wind loads and other applicable requirements of all applicable federal, state and local building codes and regulations.
9.
A landscape plan stamped by a landscape architect licensed in Washington State per SMC § 17.70.030 and screening per SMC § 17.70.060.
10.
Scaled elevation drawings showing the proposed placement and dimensions of all wireless facility components.
11.
Rendered drawings and accompanying color and material palette sheet(s) depicting the proposed colors and materials for the wireless communication facility components.
12.
Any additional information the director or city engineer deems necessary in order to make an administrative decision.
13.
A lease agreement with the landholder or signed statement from the landholder indicating that:
a.
The landholder is not restricted from entering into leases with other carriers, including for collocation upon the applicant's facility; and
b.
If the provider fails to remove the facility upon 90 days of its discontinued use, the landholder agrees to remove the facility; and
c.
The carrier/applicant is authorized to apply for permits from the city of Snoqualmie.
D.
Modifications. An application that proposes a modification or collocation that does not constitute a substantial change to the physical dimensions of an eligible support structure shall include all information reasonably related to determining whether the application meets the definition of "substantial change of an eligible support structure" set forth in this chapter. Such information shall include the following:
1.
Summary of site location (address) and information demonstrating ownership of structure to which collocation or modification applies.
2.
A site plan at one inch equals 20 feet scale, stamped by a professional engineer licensed in Washington State, including manufacturer cut sheets where appropriate, depicting:
a.
The specific placement of the wireless communication facility components on the site;
b.
The location of existing structures, trees, and other significant site features;
c.
Details and specifications for all facilities to be constructed that demonstrate compliance with electrical power safety, wind load safety and other applicable requirements of all applicable federal, state and local building codes and regulations;
d.
Dimensions of support structure prior to collocation, with sufficient detail to enable a determination as to whether the proposed collocation or modification constitutes a "substantial change to the physical dimensions of an eligible support structure" as defined in this chapter; and
e.
Property boundaries, required setbacks, and the elevation and dimensions of the proposed collocation or modification.
3.
A narrative summary and scope of work to be completed on the site, including any changes to the current site.
4.
Documentation of the effect, if any, of the proposed collocation or modification upon the effect of existing concealment elements, including, but not limited to, artificial tree branches or painting to match a supporting facade.
5.
Equipment type and specifications, including equipment dimensions and weight, equipment mount type, FCC antenna structure registration number (if applicable), and proposed lighting, if any.
6.
Information sufficient to allow a determination of the proposed modification's or collocation's compliance with federal, state and local ordinances and codes, including but not limited to this chapter and SMC Titles 15, 17 and 19, along with a certification by the applicant of its agreement to comply with all applicable federal, state and local ordinances and codes.
7.
Documentation that the existing eligible structure was lawfully constructed.
8.
Documentation of the proposed post-installation maintenance schedule.
9.
Ensure jurisdiction's applicable insurance/surety bond/other financial requirements are satisfied for installation.
10.
Applications must be submitted on behalf of and signed by a licensed carrier, and include primary and secondary contact information for wireless facility project coordinators (local government and industry) and emergency contact information for use in the event of tower/collocation disruption.
E.
The permit fee for each new permit for each site shall be $500.00, together with the actual charges for staff time for processing the application at the rates established by city council, and all consulting costs actually incurred by the city in processing the application. If more than one installation is sought to be approved under a single permit, a full permit fee shall be paid for each installation; provided, that if the facility is exempt from FCC regulation and if the city administrator finds that each separate facility is insignificant in terms of aesthetic impact upon the surrounding neighborhood the city administrator may, in his or her sole discretion, reduce the permit fees to be charged. Such reduction may only be made after public hearing on the permit.
F.
The director may engage the services of a consultant with expertise in wireless communication technology, planning and engineering to assist staff or the hearing examiner as may be needed in the review of applications for compliance with all applicable requirements of this chapter. The cost for any such consultant review will be borne by the applicant.
(Ord. 1168 § 2 (Att. A), 2015; Ord. 1198 § 22 (Exh. D), 2017)
§ 17.77.040 Location of wireless communication facilities.
A.
Subject to compliance with all applicable requirements of this section and this chapter, WCFs may be located as set forth in Table 1 – Permitted Locations and Permit Type for Wireless Communication Facilities (WCF). For purposes of application of the type and location hierarchies set forth in subsections B and C of this section, the order of ranking for antennas or antenna support structures shall be from highest (e.g., No. 1) to lowest (e.g., No. 8 or 12, as applicable). For a proposal for a level 2 or lower ranking, the applicant must file the information specified in SMC § 17.77.030, which demonstrates that despite diligent efforts to adhere to the established hierarchy within the geographic search area, higher-ranking options are neither potentially available nor technologically feasible to address a service provider's demonstrated gap in coverage or demonstrated lack of system capacity, and the proposed site and type of WCF are the least intrusive means by which to address the demonstrated gap in coverage or demonstrated lack of system capacity. The hierarchies set forth in subsections B and C of this section apply to all approvals for new wireless communication facilities, including substantial modifications.
B.
WCF Type and Siting Hierarchy. Siting of antennas or support structures shall adhere to the siting hierarchy of this section.
1.
WCF antennas attached to existing monopole or other support structure on a city-owned property that already supports a carrier (i.e., collocation);
2.
WCF antennas attached to existing monopole or other support structure not on city-owned property that already supports a carrier (i.e., collocation);
3.
WCF antennas attached to the following existing structures on city-owned property, where the existing structure does not already support another WCF (i.e., no collocation):
a.
Located on an existing high voltage electrical transmission tower within a designated power line easement;
b.
Located on an existing electrical transmission pole within a designated power line easement;
4.
WCF antennas attached to the following existing structures not on city-owned property, where the existing structure does not already support another WCF (i.e., no collocation):
a.
Located on an existing high voltage electrical transmission tower within a designated power line easement;
b.
Located on an existing electrical transmission pole within a designated power line easement;
5.
Stealth WCF antennas attached to the following city buildings or structures, provided the associated equipment and equipment enclosure(s) can meet all applicable setback, noise and design requirements, in order of preference:
a.
Water reservoir tanks;
b.
Wastewater and water treatment plant buildings;
c.
Fire station;
d.
Police station;
e.
City Hall;
f.
Community parks, as designated in Table 1, footnote 8;
g.
Buildings or structures within utility tracts;
h.
Located on an existing signal pole within a designated principal arterial right-of-way; or
i.
Located on an existing street pole within a designated principal arterial or collector arterial right-of-way;
6.
WCF antennas without stealth design attached to existing buildings or structures as specified in subsection (B)(4) of this section, provided location of the associated equipment and equipment enclosure(s) can meet all applicable setback, noise, and design requirements;
7.
WCF antennas attached to other existing nonresidential buildings;
8.
New freestanding, camouflaged structures located within city-owned community parks (as specified in Table 1, footnote 8) or undeveloped open space parcels, except where prohibited by applicable critical area regulations;
9.
New freestanding camouflaged monopole or support structure on city-owned property;
10.
New freestanding camouflaged monopole or support structure not on city-owned property;
11.
New freestanding noncamouflaged monopole or support structure on city-owned property.
12.
New freestanding noncamouflaged monopole or support structure not on city-owned property.
C.
Locational Hierarchy – Applicable to All WCF Approvals. WCF approvals, whether subject to administrative review or requiring a conditional use permit, shall reflect the following siting priorities based on zoning (in descending order):
1.
Within any zoning district when attached to an existing BPA transmission tower or PSE electrical transmission tower or pole within a designated power line easement;
2.
Within the utility park zoning district;
3.
Within city-owned utility tracts within nonresidential areas as zoned on the official zoning map, or as designated in an approved mixed use final plan or planned residential plan;
4.
Within the OS-2 district, city existing and future community parks only (as identified in Table 1 footnotes), except for Sandy Cove Park, and within areas designated as community parks in an approved mixed use final plan, planned commercial/industrial plan or planned residential plan;
5.
Within city-owned undeveloped open space tracts greater than one acre in size within an approved development in MU, PR, or PC/I districts, except where prohibited by applicable critical area regulations;
6.
Within the planned commercial/industrial districts;
7.
Within the Snoqualmie Ridge Business Park (as designated in the approved mixed use final plan for Snoqualmie Ridge), only when attached to existing buildings or structures;
8.
Within the commercial zoning district BG or BO;
9.
Within commercial zoning district BR-2, or within areas designated for general retail uses in an approved mixed use final plan;
10.
Within commercial zoning district BR-1, or within areas designated for neighborhood center retail uses in an approved mixed use final plan or similar master plan;
11.
Within the OS-3 district, only when attached to existing buildings or structures;
12.
Within city-owned utility tracts within residential areas as zoned on the official zoning map or as designated in an approved mixed use final plan or planned residential plan;
13.
Within residential zoning districts, or within areas designated for residential uses in an approved mixed use final plan, planned residential plan or similar master development plan;
14.
Within the OS-1 district, only when attached to an existing building or structure.
D.
Except for collocations or a modification that does not substantially change the physical dimensions of an eligible support structure, no wireless communication facility shall be allowed on any building or structure, or in any district, that is listed on any federal, state or local historic register unless it is determined by the director that the facility will have no adverse effect on any contributing historic features of the building, site or district, and such facility can be located and constructed in compliance with applicable standards and requirements.
E.
A new WCF monopole tower or other macrocell facility may only be permitted when the applicant demonstrates through a technical report as required by SMC § 17.77.030(C) that a higher-ranking facility type or site is not technically or otherwise feasible. Macrocell or minor facility aboveground equipment enclosures shall not be located within front setbacks or front yards.
F.
Lattice and guyed towers shall not be permitted in any zoning district.
G.
Aboveground equipment enclosures shall not be located within public rights-of-way.
H.
New WCFs shall only be located, or existing WCFs expanded, within a designated critical area or buffer where allowed by the applicable critical area regulation, as follows:
1.
For floodplain areas, not including other critical areas within the floodplain, Chapter 15.12 SMC, Flood Hazard Regulations;
2.
For critical areas within the floodplain, Chapter 19.08 SMC, Shoreline Regulations;
3.
For critical areas outside of the floodplain, Chapter 19.12 SMC, Critical Areas.
I.
No macrocell wireless communication facilities shall be located within the Snoqualmie Falls viewshed, as defined as the area visible from the observation platform at Snoqualmie Falls Park or from the public walkways adjacent to the Salish Lodge; provided, WCFs may be visible from the public walkways adjacent to the Salish Lodge if and only if, and to the same extent that, commercial buildings and structures may hereafter be determined to be permitted within that portion of the viewshed.
Table 1 – Permitted Locations and Permit Type for Wireless Communication Facilities (WCF) | ||||||||
|---|---|---|---|---|---|---|---|---|
Type of Antenna/Facility | Land Use/Zoning | |||||||
Residential 1-8 du/ac. R-1-4; MUFP1, PR1 | Residential 9+ du/ac. R-2, R-3, MUFP2, PR2 | Business BR-1, BR-2, BG, BO, MUFP3, PR3 | Office OP, PCI4, MUFP4 | Light Ind. I, PCI5, MUFP5 | Utility Park UP | Parks8 OS 2, PR, PCI, MUFP | Open Space OS 2, 3; PR6, PCI6, MUFP6 | |
Collocations | WCFP | WCFP | WCFP7 | WCFP | WCFP | WCFP | WCFP | WCFP |
Modifications – Substantial Increase | X | X | CUP | CUP | CUP | CUP | CUP | CUP |
Modifications – Not Substantial Increase | WCFP | WCFP | WCFP | WCFP | WCFP | WCFP | WCFP | WCFP |
Small Cell: | ||||||||
Mounted on nonresidential buildings; elec. trans. tower/pole; utility/ street/light pole; city water reservoir | WCFP | WCFP | WCFP | WCFP | WCFP | WCFP | WCFP | WCFP |
Mounted on existing nonresidential bldg. or structure | WCFP7 | WCFP7 | WCFP | WCFP | WCFP | WCFP | WCFP | WCFP |
Microcell/Minor: | ||||||||
Mounted on existing nonresidential bldg. or structure | CUP7,9 | CUP7,9 | CUP7,9 | WCFP | WCFP | WCFP | WCFP | WCFP7 |
Mounted on city water reservoir | WCFP | WCFP | WCFP | WCFP | WCFP | WCFP | WCFP | WCFP |
Macrocell: | ||||||||
Mounted on city water reservoir | CUP | CUP | CUP | WCFP | WCFP | WCFP | NA | NA |
Mounted on street pole w/in arterial or collector ROW | X | CUP | CUP | WCFP | WCFP | WCFP | NA | CUP |
Mounted on elec. dist./trans. tower/ pole not in street ROW | X | CUP | CUP | WCFP | WCFP | WCFP | CUP | CUP |
Mounted on existing nonresidential bldg. or structure | CUP9 | CUP9 | CUP7,9 | WCFP9 CUP | WCFP | WCFP | CUP | CUP |
Camouflage structure w/in permitted height | X | X | CUP | WCFP | WCFP | WCFP | CUP | CUP7 |
Monopole structure w/in permitted height | X | X | X | CUP | CUP | WCFP | X | CUP |
Camouflage/monopole structure in excess of permitted std. height | X | X | X | CUP7 | CUP | CUP7 | CUP only camou-flage | CUP7 |
Temporary WCFs 10 | Exempt | Exempt | Exempt | Exempt | Exempt | Exempt | Exempt | Exempt |
Other Types | X | X | X | CUP | CUP | CUP | CUP | X |
X = Prohibited |
WCFP = Permitted with wireless communications facility permit |
CUP = Permitted with conditional use permit and WCF permit |
1. Includes residential areas in MU and PR districts planned for one to eight units/acre as designated in an approved MUFP or PR plan. |
2. Includes residential areas in MU or PR districts planned for nine or more units/acre as designated in an approved MUFP or PR plan. |
3. Includes areas in MU, PR, or PC/I districts designated for neighborhood business or general commercial uses as designated in an approved mixed use final plan, planned residential plan, planned commercial/industrial plan or similar master development plan. |
4. Includes areas in MU or PC/I districts designated as office park uses as designated in an approved MUFP or PC/I plan. |
5. Includes areas in MU or PC/I districts designated for business/light industrial park uses in an approved MUFP, PC/I plan, or similar master development plan. |
6. Includes open space tracts (except Snoqualmie Parkway or perimeter buffer tracts required by an approved MUFP) and sensitive area buffer tracts within MU, PR or PC/I districts established through platting or other approval process subsequent to master plan approval. |
7. Subject to provisions of historic feature provisions of SMC § 17.77.040(D). |
8. Refers to these specific parks only: Snoqualmie Community Park; Centennial Fields Community Park; Jeanne Hanson Community Park; Fisher Creek Park; Snoqualmie Point Park; Railroad Park; and future community parks greater than 10 acres in size. |
9. Stealth facilities only. |
10. Exempt pursuant to SMC § 17.77.060(E)(1), (2), and (3). |
(Ord. 1168 § 2 (Att. A), 2015; Ord. 1198 § 22 (Exh. D), 2017; Ord. 1203 § 11, 2018)
§ 17.77.050 General design and development standards.
Wireless communication facilities shall conform to the following development standards:
A.
Design for Collocation.
1.
Monopole facilities shall be designed to accommodate at least three telecommunications providers.
2.
Stealth structures shall be designed to accommodate the collocation of other antennas whenever economically and technically feasible or aesthetically appropriate, as determined by the hearing examiner or director, as appropriate.
3.
Upon request of the applicant, the director or hearing examiner as applicable may waive the requirement that new support structures accommodate the collocation of other service providers if it finds that collocation at the site is not essential to the public interest, or that the construction of a shorter support structure with fewer antennas will promote community compatibility.
B.
General Site and Facility Design Requirements.
1.
Support structures shall be designed and placed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, and existing structures so as to:
a.
Use existing site features to screen as much of the total wireless communication facility as possible from prevalent views;
b.
Use existing site features as a background so that the total wireless communication facility blends into the background with increased sight distances.
2.
The director or hearing examiner may condition approval of a WCFP or CUP upon the certain actions identified as necessary to mitigate view, noise, aesthetic, or other impacts of the proposed WCF. Mitigation conditions may include, but are not limited to, the following:
a.
A requirement that the WCF be constructed at a particular location on the proposed site;
b.
Provision of in-fill landscaping of mature plant materials consistent with landscaping standards of the city;
c.
Use of stealth or camouflage techniques for the WCF;
d.
Use of noise attenuation materials and/or construction techniques;
e.
Use of architectural design standards or particular materials for equipment enclosures and/or fencing.
3.
No portion of any antenna array shall extend beyond the property lines.
4.
No net loss in required parking spaces or required on-site landscaping shall occur as a result of the installation of any wireless facility or associated equipment.
C.
Building-Mounted Wireless Communication Facilities.
1.
Building-mounted wireless communication facilities must meet the following criteria:
a.
The number of antennas shall be the minimum required for receiving and transmitting signals to provide the needed capacity, frequency and/or coverage pattern as confirmed by the information required by SMC § 17.77.030(C).
b.
Antennas attached to the side of a building face shall be flush mounted within 12 inches of the building face.
c.
Roof-mounted antennas shall be set back as far from the building edge as possible or otherwise screened to minimize visibility from the public right-of-way and adjacent properties, and shall conform to the following height restrictions related to the existing building:
i.
Fifteen feet (per ATT comment/change) measured to the top of a tubular antenna above the roof proper at the point of attachment;
ii.
Fifteen feet measured to the tip of a whip antenna above the roof proper of the existing building at the point of attachment;
iii.
Five feet measured to the top of a parabolic dish above the roof proper of the existing building at the point of attachment; and
iv.
Fifteen feet above the roof proper of the existing building at the point of attachment measured to the top of a directional panel antenna.
d.
Antennas shall be camouflaged to the extent feasible and located to minimize views from residential structures and rights-of-way.
e.
Antennas shall be screened from residential views and public rights-of-way in a manner that is architecturally compatible with the building on which it is located.
2.
Antennas for wireless communication facilities to be mounted on existing nonresidential structures, other than buildings or street poles, must meet the following criteria:
a.
The number of antennas shall be the minimum required for receiving and transmitting signals for the needed capacity, frequency and/or coverage pattern as confirmed by the information required by SMC § 17.77.030(C);
b.
The height shall not exceed 15 feet above the top of the structure to which it is mounted; and
c.
The antenna shall be camouflaged as the director may require consistent with the nature and location of the structure to which the antenna is mounted.
3.
Antennas to be mounted on street or utility poles, where permitted, shall be flush mounted within six inches of the pole or contained within a canister that visually appears to be a continuation of the pole, or if not technologically feasible, as close to the street or utility pole as feasible.
D.
Equipment Enclosures.
1.
The equipment enclosures and other accessory equipment for building-mounted wireless communication facilities shall be located within the building upon which the antenna is located.
2.
The equipment enclosure and other accessory equipment associated with antenna located upon an existing structure which is not a building or upon a new freestanding support structure shall be located underground or within an adjacent building designed to be compatible with surrounding buildings.
3.
The director or the hearing examiner may authorize aboveground equipment enclosures when the following criteria are met:
a.
There are no residential structures within a distance equal to the total height of the monopole or other structure served by the equipment enclosure, plus 20 feet;
b.
The equipment enclosure shall be appropriately screened by a masonry wall, if required to mitigate noise, or a solid, sight-obscuring fence, and shall be landscaped with a Type III landscape buffer of not less than 10 feet in depth from the perimeter of the enclosure site, so that any visible portion of equipment enclosures will be screened from view; and
c.
There will be no adverse impact to any public park or other public property from permitting the location of the equipment enclosure above ground;
d.
If the facility cannot be seen, or the applicant proposes some combination of fencing, landscaping, and/or architectural treatment to screen the facility, and mitigate equipment noise, the director or hearing examiner may waive or authorize modifications to these requirements.
4.
Macrocell facility equipment enclosures, including any buildings, cabinets or shelters, shall not exceed 560 square feet in area and 12 feet in height, including the support structure for the equipment building, provided the hearing examiner may approve greater area when a single equipment enclosure is to be used by more than one service provider and does not exceed 1,500 square feet. The hearing examiner may also waive the height restriction to allow for the stacking of equipment on top of each other upon a finding that there is a practical necessity for stacking and the resulting impact on adjoining properties is minimal or can be minimized by appropriate screening. A waiver of the height limit may also be approved when needed to raise the equipment enclosure above the floodplain and floodproofing is not feasible, when sufficient screening is provided.
5.
Accessory equipment buildings, cabinets or shelters shall be used only to house equipment and other supplies in support of the operation of the wireless communication facility or support structure. Any equipment not used in direct support of such operation at the site shall not be located or stored on the site.
E.
Appearance. The following standards may be applied as required by the director or hearing examiner, as applicable, to ensure the wireless communication facility minimizes its visual impact:
1.
Colors and materials for WCFs shall be nonreflective and chosen to minimize visibility. Unless otherwise required by law, facility surfaces, including support equipment and buildings, shall be painted or textured using colors to match or blend with the primary background to achieve a facility that is compatible with the existing buildings, neighborhood character, and/or that blends with the surrounding setting. The final colors and color scheme shall be approved by the director or hearing examiner, as applicable.
2.
All camouflaged facilities shall be designed to visually and operationally blend into the surrounding area in a manner consistent with existing development on adjacent properties. The camouflaged facility shall be designed to closely resemble in size and appearance an object or feature that would be commonly found in the area, including, but not limited to, a flagpole or a native conifer tree. Except for the latter, antennas for such facilities shall be concealed by the support structure. The camouflaged facility shall also be appropriate for the specific site, and should not stand out from its surrounding environment. The design details of any camouflaged "monopine" facility, including the colors, bark, and tree branch spacing, shall be subject to review and approval by the director or hearing examiner, as applicable, as part of the WCF or WCUP decision.
3.
Stealth structures shall be designed as an integrated architectural feature of another structure, such as a clock, steeple or bell tower, so that the purpose of the facility for providing wireless services is not readily apparent as seen from any street or any adjacent property.
4.
Lighting. Wireless communications facilities or support structures shall not be lighted or marked unless required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA).
5.
Signage. No signs, striping, graphics, or other attention-getting devices (unless required by the FCC or FAA) are permitted on any wireless facility. Commercial advertising is strictly prohibited. Signs located at the wireless communication facility shall be limited to ownership and contact information, FCC antenna registration number (if required) and any other information as required by government regulation. Signs shall be affixed to a fence or ancillary facility and limited to no more than two signs unless more are required by law.
6.
Landscaping. All existing and required landscaping shall be maintained in a healthy condition by the service provider for the life of the facility.
7.
Facility Compatibility. WCF equipment enclosures, buildings, and/or fences or walls shall be designed and constructed to be consistent with the design standards or guidelines for the applicable zoning district, or with the design standards or guidelines adopted pursuant to an approved mixed use final plan, planned residential plan, planned commercial/industrial plan or similar master development plan.
F.
Monopole Structure Height.
1.
Subject to the other restrictions set forth in this section, the height of monopole structures shall be the minimum necessary to meet the service objectives of the applicant.
2.
New monopole structures, including stealth structures, shall be limited to 60 feet in height, including the height of all antennas, except as provided in subsection (F)(3) of this section.
3.
The hearing examiner may permit a greater height, not to exceed 150 feet (see subsections (G)(1) and (2) of this section), through a conditional use permit. The hearing examiner may permit a greater height, not to exceed 150 feet, upon finding that:
a.
The location and/or existing elements of the natural or built environment would provide for sufficient screening, and the support structure is placed upon the site in such a way that the topography and/or existing vegetation, together with the proposed landscaping, design, and colors of the facility, significantly screen the facility from view or cause it to blend in with surrounding natural features; or
b.
The use of stealth design and technology effectively mitigates for greater monopole height; and
c.
The applicant has provided sufficient technical information to document the need for the additional height.
4.
Antennas mounted on monopole structures may not exceed the height of the monopole structure.
5.
All heights shall be measured from original grade or finished grade, whichever is higher.
6.
Applicants shall submit as-built drawings following completion and all heights must be confirmed by survey after construction by a licensed surveyor or engineer.
G.
Setbacks and Noise.
1.
To ensure public safety, new monopole structures located adjacent to any property designated for residential uses on the official zoning map, or within an approved mixed use final plan, planned residential plan or similar master development plan authorized under city code, shall be set back from all residential property lines by a distance at least equal to the total height of the facility, including any antennas or other appurtenances, plus 20 feet. The setback shall be measured from that part of the tower closest to the neighboring residentially designated property.
2.
Except as specified in subsection (D)(3)(a) of this section, WCF equipment enclosures shall comply with the setback requirements for the applicable zoning district; provided, setbacks shall be sufficient to meet or exceed the noise standards set forth in the performance standards of SMC § 8.16.050(H) and § 9.36.020. As part of any wireless communication facility application, the service provider or its representative shall furnish the city with information prepared by a qualified professional regarding the operating decibel (dB) level of the proposed installation, as measured at the property line nearest the proposed location, to ensure that noise generated by the proposed WCF will comply with the performance standards of SMC § 8.16.050(H).
3.
Existing or replacement utility poles used as support structures shall not be subject to a setback requirement.
(Ord. 1168 § 2 (Att. A), 2015; Ord. 1198 § 22 (Exh. D), 2017; Ord. 1203 § 12, 2018)
§ 17.77.060 Standards for specific types of facilities.
A.
Street Pole Mounted.
1.
Only one facility shall be permitted on any street pole.
2.
Except for small cell facilities, facilities located within developed street rights-of-way shall be located a minimum of 500 feet apart, provided, the director or public works director may approve a shorter distance, subject to the applicant submitting engineering analysis and equipment specifications that demonstrate the reduced distance is necessary to provide adequate coverage and/or capacity.
3.
Equipment enclosures for macrocell and minor facilities shall be located underground, unless the equipment enclosure is located on private property in compliance with any applicable front, side or rear yard setback. Macrocell or minor facility above ground equipment enclosures shall not be located within front setbacks or front yards.
4.
WCFs shall not be located upon street poles on local or minor access residential streets.
B.
WCFs Mounted on Electric Transmission Towers or Utility Poles Outside of Public Rights-of-Way. Where a wireless facility antenna must be vertically separated from the electric or other utility on an existing tower or utility pole in order to allow collocation or to fill a demonstrated coverage gap or lack of system capacity, the structure/pole or antenna may be raised by an amount to accommodate the minimum separation requirement and fill the coverage or capacity gap, not to exceed 30 feet. Any additions shall be constructed of similar materials, and shall have surface treatments which match the color and texture of the host structure/pole.
C.
WCFs Mounted on Playfield, Ball Field and Stadium Light Poles. Only one facility shall be permitted on any pole. Facilities, including all associated pole mounted or ground located equipment, proposed to be placed on light poles within city-owned parks must be approved by the city council.
D.
Collocation. Existing monopole and antenna support structures may be replaced to accommodate collocation. Monopoles and stealth support structures shall, to the extent feasible, be located within 20 feet of the original existing structure and maintain the design of the original structure. To determine feasibility the applicant shall submit an engineer's report regarding the feasibility of the proposed location and design; the director or hearing examiner as applicable shall determine whether the proposed location is feasible.
E.
Exempt Facilities. The following facilities are exempt from the provisions of this chapter:
1.
A temporary WCF installed upon the declaration of a state of emergency by the federal, state or local government, or a written determination of public necessity by the city; except that such facility must comply with all federal and state requirements. The WCF shall be exempt from the provisions of this chapter for up to 90 days after the duration of the state of emergency.
2.
A temporary, commercial WCF installed for providing coverage of a special event such as news coverage or sporting event, subject to approval by the city of a wireless communications facility permit. The WCF shall be exempt from the provisions of this chapter for up to one week before and after the duration of the special event.
3.
Other temporary, commercial WCFs installed for a period of 180 days, subject to a required wireless communications facility permit and renewals at the city's discretion; provided, that such temporary WCF will comply with applicable setbacks and height requirements.
(Ord. 1168 § 2 (Att. A), 2015; Ord. 1198 § 22 (Exh. D), 2017)
§ 17.77.070 Inspection and maintenance.
The following inspection and maintenance requirements apply to all facilities:
A.
The city or its agents shall have authority to enter onto the property upon which a wireless facility is located, to inspect the facility for the purpose of determining whether it complies with any approved permit plans, building code, and all other construction standards provided by the city and state or federal law.
B.
The city reserves the right to conduct such inspections at any time, upon reasonable notice to the wireless facility owner. In the event such inspection results in a determination that violation of applicable construction and maintenance standards set forth by the city has occurred, remedy of the violation may include cost recovery for all costs incurred in confirming and processing the violation.
C.
The property owner or developer shall maintain all landscaping at all times, and shall promptly replace landscaping that is not healthy and successful. In some cases, the property owner or developer may defer prompt replacement of unhealthy or dead plant materials to a time of year when extensive irrigation is not required for plant establishment and growth, but only when first approved by the director.
D.
If a flagpole is used for camouflaging a facility, noncommercial flags must be flown and must be properly maintained.
E.
All wireless facility sites shall be kept clean and free of litter.
F.
All wireless facility sites shall maintain compliance with current RF emission standards and the FCC, the National Electric Safety Code and all state and local regulations.
G.
All equipment cabinets shall display a legible operator's contact number for reporting maintenance problems.
(Ord. 1168 § 2 (Att. A), 2015; Ord. 1198 § 22 (Exh. D), 2017)
§ 17.77.080 Permit approval process for modifications not constituting a substantial change to the physical dimensions of an eligible support structure.
When an applicant asserts in writing that a proposed collocation or modification does not constitute a substantial change to the physical dimensions of an eligible support structure the director shall, within 60 days of the date on which the applicant submits the permit application required by SMC § 17.77.030(D), administratively approve the application unless the director determines that the proposed collocation or modification does constitute a substantial change to the physical dimensions of an eligible support structure, as defined in this chapter. For purposes of this section, the 60-day period begins to run when the permit application is filed, but shall be tolled by mutual agreement between the applicant and the director, or when the director determines that the application is incomplete. The 60-day time frame is not tolled by a moratorium on the review of applications. If the director determines that the application is incomplete, the director shall provide written notice to the applicant within 30 days of receipt of the application, specifically delineating the documents or information required by SMC § 17.77.030(D) that are missing. The time frame for review begins running again when the applicant makes a supplemental submission in response to the director's notice of incompleteness. Within 10 days following the applicant's supplemental submission, the director may notify the applicant that the supplemental submission did not provide the information identified in the original notice delineating missing information. The time frame is tolled in the case of second or subsequent notices pursuant to the procedures herein; provided, that second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.
(Ord. 1168 § 2 (Att. A), 2015; Ord. 1198 § 22 (Exh. D), 2017)
§ 17.77.090 Use of public buildings, facilities and lands.
The siting of wireless communication facilities on public buildings, facilities and lands, including city rights-of-way and city buildings, is encouraged, subject to the following:
A.
Use of public lands must be approved by the city council, through approval of a lease agreement. The term of such lease agreements shall not exceed five years. The form of lease shall be approved by the city attorney.
B.
The city administrator shall make a recommendation to city council for the reasonable market value for use of public lands. Reasonable compensation may differ based upon the length of lease allowed, the nature of the facility proposed, lease rates for comparable wireless facilities in other jurisdictions, any impact of the facility upon existing uses of the public land and the usefulness of the facility in providing wireless services to the citizens of Snoqualmie. The director may require the applicant to provide (at the applicant's expense) an analysis of lease rates for comparable facilities in other jurisdictions.
(Ord. 1168 § 2 (Att. A), 2015; Ord. 1198 § 22 (Exh. D), 2017)
§ 17.77.100 Testing of facilities required – Radio frequency (RF) and noise emissions.
A.
All WCFs shall comply with applicable FCC regulations regarding radio frequency emission. The failure to comply with all applicable regulations shall be the basis for revocation of a wireless communication facility permit, after a hearing before the hearing examiner, who shall enter written findings and decision thereon.
B.
Reports or similar support documents shall be submitted for all facilities confirming compliance with all applicable FCC regulations. Compliance reports shall be required when requested by the director. All tests shall be performed by or under the supervision of a professional engineer competent to perform such testing and interpret the data gathered.
C.
If at any time RF emission tests show that a facility exceeds any of the standards established by the FCC, the owner or operator thereof shall immediately discontinue use of the facility and notify the director. Use of such facilities may not resume until the owner or operator demonstrates that corrections have been completed which reduce the RF emissions to levels permitted by the FCC.
D.
The owner or operator of a WCF shall conduct tests necessary to demonstrate compliance with all applicable noise regulations regarding the noise emissions of the facility when notified in writing by the director that a noise complaint has been received regarding the WCF. All such tests shall be performed by or under the supervision of a licensed environmental noise consultant competent to perform such tests and interpret the data gathered.
E.
When a noise report is required, a report, certified by a licensed environmental noise consultant, setting forth the observed noise levels at the property line of the property upon which the WCF is located shall be submitted. The report shall account for background noise and other noise sources and demonstrate the noise levels emitted by the facility, including any air conditioning or ventilation equipment contained therein. Such report shall address the applicable noise standards specified in this chapter.
F.
The director may retain a technical expert in radio frequency emissions and/or noise measurement to verify measurements and certification. The cost of such technical expert shall be borne by the owner or operator of the facility.
G.
This section shall not apply during the testing of alternative power sources (i.e., power generators), provided, regular testing or maintenance operation of power generators shall be conducted during normal workday hours between 8:00 a.m. and 6:00 p.m.
H.
Federal law prohibits consideration of the environmental effects of radio frequency emissions to the extent that the proposed facilities comply with Federal Communications Commission (FCC) regulations concerning such emissions.
(Ord. 1168 § 2 (Att. A), 2015; Ord. 1198 § 22 (Exh. D), 2017)
§ 17.77.110 Collocation.
A.
A permittee shall cooperate with other wireless communication facility providers in collocating additional antennas on support structures and/or on existing buildings, provided said proposed collocators have received a wireless communication facility permit for such use at said site from the city. A permittee shall exercise good faith in collocating with other providers and sharing the permitted site; provided, such shared use does not give rise to a substantial technical level impairment of the ability to provide the permitted use (i.e., a significant measurable interference in broadcast or reception capabilities as opposed to a competitive conflict or financial burden). Such good faith shall include sharing technical information to evaluate the feasibility of collocation. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the city may require a third party technical study at the expense of either or both the applicant and permittee.
B.
All applicants shall demonstrate reasonable efforts in designing their proposal to allow for collocation.
C.
Failure to comply with the collocation requirements of this section may result in the denial of a permit application or revocation of an existing permit.
(Ord. 1168 § 2 (Att. A), 2015; Ord. 1198 § 22 (Exh. D), 2017)
§ 17.77.120 New permit required for sale or assignment.
No facility, site or permit may be sold, transferred or assigned, nor shall any sublease be entered into by any provider, until the purchaser, assignee or sublessee has obtained a permit for the facility. Expense incurred in relation to the facility shall not be deemed a basis for a new permit for a purchaser, assignee or sublessee.
(Ord. 1168 § 2 (Att. A), 2015; Ord. 1198 § 22 (Exh. D), 2017)
§ 17.77.130 Abandonment or discontinuation of use.
The following requirements apply to the abandonment and/or discontinuation of use for all facilities:
A.
All facilities located on a utility pole shall be promptly removed at the operator's expense at any time a utility is scheduled to be placed underground or otherwise moved.
B.
All operators who intend to abandon or discontinue the use of any wireless facility shall notify the city of such intentions no less than 60 days prior to the final day of use.
C.
Wireless communication facilities shall be considered abandoned 90 days following the final day of use or operation.
D.
All abandoned facilities shall be physically removed by the facility owner no more than 90 days following the final day of use or of determination that the facility has been abandoned, whichever occurs first.
E.
The city reserves the right to remove any facilities that are abandoned for more than 90 days at the expense of the facility owner.
F.
Any abandoned site shall be restored to its natural or former condition. Grading and landscaping in good condition may remain.
(Ord. 1168 § 2 (Att. A), 2015; Ord. 1198 § 22 (Exh. D), 2017)
§ 17.77.140 Cumulative impacts.
Except for modifications that do not substantially increase the physical dimensions of an eligible support structure, the director or the hearing examiner shall consider the cumulative visual effects of wireless communication facilities mounted on existing structures and/or located on a given permitted site in determining whether additional permits can be granted so as to not adversely affect the character of the city. In the event that the director or hearing examiner determines that a proposed WCF, along with existing WCFs, would have an adverse cumulative impact, the applicant shall be permitted to propose use of the next available lower-ranking site on the hierarchies set forth in SMC § 17.77.040(B) and (C) that also fills the demonstrated coverage gap or lack of system capacity.
(Ord. 1168 § 2 (Att. A), 2015; Ord. 1198 § 22 (Exh. D), 2017)
§ 17.77.150 Conflict with other provisions.
In the event of any conflict between the provisions of this chapter and other provisions of this code, the provisions of this chapter shall control with respect to wireless communication facilities.
(Ord. 1168 § 2 (Att. A), 2015; Ord. 1198 § 22 (Exh. D), 2017)
§ 17.77.160 Minor administrative adjustment to standards.
A.
The director is authorized to grant minor administrative adjustments to the standards established by this chapter when it shall appear to the satisfaction of the director that such minor adjustment is technically necessary for effective wireless telecommunications, and is generally consistent with the purpose and intent of this chapter; provided, no such minor adjustment shall allow telecommunication facilities in a prohibited location.
B.
In assessing whether a proposed minor adjustment is technically necessary, the director is authorized to engage a qualified consultant at the sole cost of the applicant.
(Ord. 1168 § 2 (Att. A), 2015; Ord. 1198 § 22 (Exh. D), 2017)
§ 17.77.170 Violation – Penalty.
Violation of any provision of this regulation shall constitute a civil infraction, punishable by a civil penalty not to exceed $5,000. Each day on which a violation continues shall constitute a separate civil infraction, punishable as provided herein. Violation of any provision of this chapter, if not cured within 30 days after advance written notice, shall constitute adequate cause for the city to request the hearing examiner to modify or revoke any wireless communication facility permit.
(Ord. 1168 § 2 (Att. A), 2015; Ord. 1198 § 22 (Exh. D), 2017)
