It is the purpose of this chapter to adopt standards for the review of conditional use proposals.

(Ord. No. 1030, § 6, 7-16-09; Ord. No. 1103, § 12, 2-16-2017)

A.

The planning commission shall review all applications for conditional use permits.

B.

In granting a conditional use request, the planning commission may attach to the conditional use permit such reasonable requirements as will ensure that the development in its proposed location:

1.

Will not endanger the public health or safety;

2.

Will not substantially reduce the value of adjoining or abutting property;

3.

Will be in harmony with the area in which it is located; and

4.

Will be in conformity with the comprehensive plan, transportation plan, or other plan officially adopted by the council.

C.

At least one public hearing shall (SMC 17.12.060 - Public Hearings—Procedures—Fees) be held for each complete conditional use permit application. Notice shall be given as provided in this title. To ensure adequate time for public notice, a complete application must be received at least 20 days before a hearing will be held.

D.

The planning commission shall reach a decision to approve or deny a conditional use request within 30 days of the last public hearing deemed necessary by the planning commission for the relevant application.

E.

The planning commission may attach reasonable conditions to a permit, including but not limited to, the term of a permit's duration and the need for periodic review to ensure that the terms of a permit are being met.

(Ord. No. 1030, § 6, 7-16-09; Ord. No. 1103, § 12, 2-16-2017)

A.

Application for a conditional use permit shall be made on forms provided by the administrator.

B.

An application shall not be deemed complete until the following submittal requirements have been received:

1.

All materials required pursuant to this title;"

2.

Any applicable materials required pursuant to the sections of this chapter;

3.

All appropriate fees;

4.

Any additional information from the applicant that the administrator, in the administrator's sole discretion, deems necessary to adequately inform the planning commission of the proposed conditional use.

C.

Specific submittal requirements may be waived when the administrator, in the administrator's sole discretion, deems the information to be unnecessary for review of the proposed conditional use.

(Ord. No. 1030, § 6, 7-16-09; Ord. No. 1103, § 12, 2-16-2017)

Editor's note— Ord. No. 1073, § 7, adopted November 21, 2013, repealed § 17.39.040, which pertained to accessory dwelling units and derived from Ord. No. 1030, adopted July 16, 2009.

A.

Purpose and intent. The purpose and intent of this section are to allow flexibility within the sign regulations of this title and to provide review criteria to facilitate clear and nondiscriminatory review of signs proposed as conditional uses.

B.

Submittal Requirements. An application for a conditional use sign shall not be deemed complete until the following submittal requirements have been received:

1.

A completed application form as provided by the city;

2.

One electronic and 2 hard copy sets of plans, drawn to scale, including a vicinity map, a site map, architectural design elevations, and method of attachment;

3.

A lighting plan demonstrating lighting impacts in candlepower per square foot as measured at 10 feet from the sign;

4.

A 3D, SketchUp-compatible model of the proposed sign, if proposed on a building for which the city can provide a 3D model.

C.

Sign of Outstanding Design—Approval Criteria. While not intended to limit the planning commission's ability to condition or deny specific sign proposals, an individual sign area bonus, a sign height bonus, an animated sign allowance, and/or an illuminated sign allowance may be granted for a sign utilizing an outstanding design that enhances the overall character of the area. Such proposals may be granted only if the following criteria are met:

1.

The sign is proposed within a district allowing a sign of outstanding design;

2.

The adjustment for the proposed sign will not significantly increase or lead to street-level sign clutter, to signs adversely dominating the visual image of the area, or to a sign that will be inconsistent with the signage objectives of the Zoning Code and Comprehensive Plan;

3.

The sign will not create a traffic or safety hazard;

4.

The sign will not be an off-premises sign; and

5.

The adjustment will allow the installation of a unique sign of outstanding design or style that will:

a.

Achieve a positive and tasteful image;

b.

Have good legibility;

c.

Exhibit technical competence and quality in design, construction, durability, and have standard details uncluttered by wires, angles, or other elements that detract from the appearance;

d.

Relate to architectural features rather than obscure or disregard building planes;

e.

Present a harmonious relationship to other signs or street furniture in the vicinity;

f.

Be of a size that is in scale with the setting, building, and/or structure where the sign will be located.

(Ord. No. 1051, § 12, 7-21-11; Ord. No. 1103, § 12, 2-16-2017)

A.

Purpose and Intent. The purpose and intent of this section are to provide submittal requirements and review criteria to facilitate clear and nondiscriminatory review of wind power generation facilities proposed as conditional uses.

B.

Submittal Requirements. An application for a wind power generation facility shall not be deemed complete until the following submittal requirements have been received:

1.

A completed conditional use application form as provided by the city;

2.

Evidence that the city's critical areas and State Environmental Policy Act (SEPA) procedures have been fulfilled or are not required for the proposed facility;

3.

One electronic and four hard copy sets of plans prepared by a design professional. The plans shall include a vicinity map, site map, architectural elevations, method of attachment, proposed screening, and all other information which accurately depicts the proposed project;

4.

A site-specific assessment by the manufacturer or a qualified engineer of the facility's expected energy production at the proposed height and at a height fifteen feet lower than that proposed;

5.

Up to three color, daytime photo simulations depicting the existing and proposed view of the proposal at maximum build-out. The location from which photo simulations are depicted shall be mutually agreed upon by the applicant and the zoning administrator;

6.

A landscaping plan showing the location of all proposed landscaping and all existing landscaping to remain after facility development. A planting table shall also be included which describes the species to be used, the size of plants to be installed, and the expected size of plants at maturity;

7.

A narrative by the applicant outlining how the proposed project satisfies the development criteria of the Zoning Code and whether or not the proposal utilizes the most compact, or least obtrusive, technological design;

8.

An affidavit attesting to the fact that the applicant has contacted the Skamania County Public Utility District (PUD) to determine the necessary precautions for the safety of PUD workers. The affidavit shall include a list of any such precautions;

9.

A report prepared by an acoustical engineer demonstrating expected decibel levels under up to three different atmospheric conditions, at the nearest property line and within a radius of three hundred feet from the facility base for up to three different wind speeds. The administrator shall determine the appropriate atmospheric conditions and wind speeds;

10.

A recommended maintenance schedule from the facility manufacturer discussing the facility's minimum maintenance needs.

C.

Development Criteria. While not intended to limit the planning commission's ability to condition or deny specific wind power generation proposals, the following development criteria shall be used to evaluate applications for such facilities:

1.

Setbacks. Wind power generation facilities shall be setback from property lines at least one one-half feet per one foot of facility height.

2.

Screening. All ground level and support equipment shall be screened from public view. Such screening should include one or more of the following:

a.

Decorative brick, cinder, or concrete block walls, incorporating an innovative use of color and/or design;

b.

Fences made of wood, vinyl-slatted chain-link, or similar sight obscuring designs. Barbed/twisted-end fencing is preferable to barbed wire, and fences incorporating razor-wire shall be avoided;

c.

New drought tolerant landscaping which contains multiple species and/or habitat levels and/or existing significant trees and native, noninvasive vegetation. The density and intensity of landscaping should provide adequate screening;

d.

Cabinetry or other screening techniques as determined sufficient by the planning commission.

3.

Cable Routing. All utility lines connecting to the facility which are not located within the screened area should be located underground.

4.

Color/camouflage. When coloring requirements are not issued by the FAA, the color of the proposed facility should be based on, and compatible with the surrounding land uses and/or building color and architectural scheme.

5.

Facility Proliferation. Only one wind power generation facility should be allowed per property.

6.

Lighting. Wind power generation facilities should not be artificially lighted. If a proposed facility requires lighting by the FAA, then such facility should be denied a conditional use permit by the planning commission.

7.

Signage. Only safety signs, signs listing the facility's maintenance provider's name and emergency telephone number, or signs required by other governmental entities are allowed on wind power generation facilities. Signs should be non-illuminated, less than two square feet in area, and shall not be used for advertising purposes.

8.

Noise. If a proposed facility will produce decibel levels at the nearest property line that are in excess of thirty-six A-weighted decibels (dBA), then such facility shall be denied a conditional use permit by the planning commission.

9.

Clearance of Blades. No part of a wind turbine shall extend within fifteen feet of the ground.

10.

Wildlife Impacts. Wind power generation facilities should be sited and designed to reduce their impact to wildlife. Methods include, but are not limited to, anti-perch features and guy wire bird diverters.

11.

Safety Features. Facility designs that brake movement at high wind speeds shall be selected over designs that allow "free-wheeling".

12.

Insurance. When the administrator finds that a proposal poses a threat to neighboring public or private property, liability insurance in an amount not less than one million dollars, or such greater insurance as may be required by specific conditions of approval, shall be maintained by the owner and operator of the facility until such facility is dismantled and removed from the site. Failure to maintain required insurance coverage shall constitute a violation of this chapter and grounds for revocation of permit. In reviewing this criterion, the planning commission may take into account the scale of the proposal and whether the proponent is a private, for-profit entity, a public or not-for-profit entity, or an individual.

(Ord. No. 1048, § 13, 3-17-11)

A.

Purpose and Intent. The purpose and intent of this section are to provide submittal requirements and review criteria to facilitate clear and nondiscriminatory review of wireless telecommunications facilities proposed as conditional uses.

B.

Submittal Requirements. An application for a wireless telecommunication facility shall not be deemed complete until the following submittal requirements have been received:

1.

A completed application form as provided by the city;

2.

One electronic and four hard copy sets of plans prepared by a design professional. The plans shall include a vicinity map, site map, architectural elevations, method of attachment, proposed screening, location of proposed antennas, and all other information which accurately depicts the proposed project;

3.

A radio frequency plan demonstrating how the proposed site fits into the applicant's overall telecommunications network within the city, including a service area coverage chart for the proposed facility depicting the extent of coverage and corresponding signal strength at the proposed height, and a height at least fifteen feet lower than that proposed;

4.

A landscaping plan showing the location of all proposed landscaping and all existing landscaping to remain after facility development. A planting table shall also be included which describes the species to be used, the size of plants to be installed, and the expected size of plants at maturity;

5.

Up to three color, daytime photo simulations depicting the existing and proposed view of the proposal at maximum build-out. One color, nighttime photo simulation shall also be included for any tower required to have lighting by the FAA. The location from which photo simulations are depicted shall be mutually agreed upon by the applicant and the administrator;

6.

A narrative by the applicant outlining how the proposed project satisfies the development criteria of the Zoning Code, whether or not the proposal utilizes the most compact, or least obtrusive, technological design, including microcell design, and why design alternatives, such as the use of microcell, cannot be utilized to accomplish the provision of the applicant's telecommunications service;

7.

An affidavit attesting to the fact that the applicant made diligent efforts to obtain permission to install or collocate the proposed facility on existing towers or structures within a one-half mile radius of the proposed site, but due to physical, economic, or technological constraints, no such location is available or feasible;

8.

A letter from a radio frequency engineer that demonstrates that the facility meets federal requirements for allowed emissions;

9.

Copies of any environmental documents required by any federal, state, or local agency, if available, including the environmental assessment required by the FCC, or in the event that an FCC environmental assessment is not required, a statement describing the specific factors obviating the requirement;

10.

If an outdoor generator is proposed, a report prepared by an acoustical engineer demonstrating compliance with the noise regulations of the city;

11.

If a new tower is proposed:

a.

An affidavit attesting to the fact that the applicant contacted all local law enforcement, fire, and other public safety and emergency service providers prior to application submittal to determine whether or not the agencies are interested in collocating on the proposed facility, and that if an agency desires to collocate, then the proposal has been designed to accommodate their needs.

b.

Written technical evidence from an engineer of the tower's capability of supporting additional telecommunications facilities comparable in weight, size, and surface area to that proposed

c.

A written statement that the tower will accommodate collocation of additional antennas for future users at a reasonable, market-based coast.

d.

If accommodation of future collocations is not proposed, information must be submitted with the application detailing why future collocation is not possible.

C.

Development Criteria. While not intended to limit the planning commission's ability to condition or deny specific wireless telecommunications proposals, the following development criteria shall be used to evaluate wireless telecommunications facilities:

1.

Setbacks.

a.

Except for new towers and carriers on wheels, all proposals shall be subject to the setback requirements of the zoning district in which they are located;

b.

The setback from property lines for new towers and carriers on wheels should be at least one foot per one foot of tower height, but in no case smaller than the setback requirements of the zoning district in which they are located;

c.

The planning commission may reduce this setback guideline if it determines that significant trees and other vegetation will be retained by such reduction or that such reduction will reduce the visual impact of the proposed facility, provided however, that the setback is not reduced below the setback requirements of the zoning district in which it is located.

2.

Screening. All ground level and support equipment shall be screened from public view. Such screening should include one or more of the following:

a.

Decorative brick, cinder, or concrete block walls, incorporating an innovative use of color and/or design;

b.

Fences made of wood, vinyl-slatted chain-link, or similar sight obscuring designs. Barbed/twisted-end fencing is preferable to barbed wire, and fences incorporating razor-wire shall be avoided;

c.

New drought tolerant landscaping which contains multiple species and/or habitat levels and/or existing significant trees and native, noninvasive vegetation. The density and intensity of landscaping should provide adequate screening;

d.

Cabinetry or other screening techniques as determined sufficient by the planning commission.

3.

Cable Routing. Feed lines and coaxial cables shall be as inconspicuous as possible. Where applicable, such routing should be located in the building's interior and/or below parapet walls or similar projections, in the interior of monopoles, along the legs of towers or other structural supports, etc. Feed lines which are not located within the screened area should be located underground.

4.

Color/camouflage. When coloring requirements are not issued by the FAA, the color of the proposed facility should be based on, and compatible with the surrounding land uses and/or building color and architectural scheme. Faux trees are encouraged and should resemble species native to the area. Other faux structures should be sensitive to the context of surrounding land uses.

5.

Antenna Aesthetics. Flush- and slim-mounted antennas should be considered as first preferences. Shrouds should be used when they provide a better visual appearance than exposed antennas or resemble a context-sensitive architectural element. While collocation is encouraged, proposals should be conscious of antenna intensity, and the planning commission may condition or deny proposals based on the over-proliferation of antennas on any single site.

6.

Lighting. Wireless telecommunications facilities shall not be artificially lighted unless required by the FAA. If lighting is required, the reviewing authority shall review the lighting alternatives and approve the design that would cause the least disturbance to the surrounding areas.

7.

Signage. Only safety signs, signs listing the wireless service provider's name and emergency telephone number, or signs required by other governmental entities are allowed on wireless telecommunications facilities. Signs should be non-illuminated, less than two square feet in area, and shall not be used for advertising purposes.

8.

Insurance. When the administrator finds that a proposal poses a threat to neighboring public or private property, liability insurance in an amount not less than one million dollars, or such greater insurance as may be required by specific conditions of approval, shall be maintained by the owner and operator of the facility until such facility is dismantled and removed from the site. Failure to maintain required insurance coverage shall constitute a violation of this chapter and grounds for revocation of permit. In reviewing this criterion, the planning commission may take into account the scale of the proposal and whether the proponent is a private, for-profit entity, a public or not-for-profit entity, or an individual.

D.

Height Allowance. The planning commission may grant a height allowance of up to thirty feet for proposals that, by virtue of siting and stealth design, it deems will have no adverse impacts on the city or surrounding properties, provided that the allowance does not trigger different lighting requirements by the FAA.

(Ord. No. 1038, § 14, 6-17-10)