A.

Except as otherwise provided herein, the placement of any wireless communication facility (WCF) at any location within the county is subject to the provisions of this chapter.

B.

The standards and process requirements of this chapter supersede all other review process and approval criteria, setback, height, or landscaping requirements of this title.

(Ord. No. 16311, § 1(Att. C), 10-31-2023)

The purposes of this chapter are as follows:

A.

Establish development regulations consistent with the county's comprehensive plan;

B.

Manage the location of WCFs and associated equipment by providing standards for their placement, design, construction, maintenance, modification, and removal;

C.

Provide a non-discriminatory and competitively neutral regulatory environment, consistent with applicable law;

D.

Protect property values and promote tourism through protection of scenic vistas of the mountains, tree-covered hillsides, the waterfront, and tourist-related zones and areas;

E.

Facilitate the appropriate use of public property and structures for wireless communication facilities (WCFs) to reduce the impact of such facilities upon residential and other property;

F.

Maintain the quality of life associated with the aesthetic character of the county's surroundings;

G.

Provide adequate sites for locating WCFs in areas where the adverse impact on the community is minimized;

H.

Provide facilities and infrastructure to provide wireless service to County residents, businesses, and others when in Thurston County;

I.

Encourage optimal collocation and sharing of new and existing WCFs when feasible, and minimize the total number of towers throughout the community;

J.

Encourage the prompt removal of outdated or abandoned wireless communication facilities;

K.

Encourage the location of WCFs upon alternative support structures; where feasible;

L.

Require that the design of WCFs incorporate camouflage, screening, and concealment technology so that such facilities blend into their surroundings, where appropriate to the surroundings; and where appropriate, make the WCF appear to be something other than a WCF;

M.

Avoid potential risk to adjacent properties from tower failure by engineering and careful siting of tower structure;

N.

Enhance the ability of the wireless service providers to provide such services to the community quickly, effectively, and efficiently; and

O.

Effectively manage WCFs in the rights-of-way.

(Ord. No. 16311, § 1(Att. C), 10-31-2023)

The following are exempt from a special use permit but are subject to other permit requirements of the TCC, as applicable, such as building permits or rights-of-way permits.

A.

Uses that do not qualify as a substantial change, as defined in TCC 20.03.040.

B.

Temporary WCFs necessary for emergency communications during an emergency declared by a public entity.

C.

Temporary WCFs installed for providing coverage of a special event; however, such WCFs are still subject to prior written approval of the county. For purposes of this exemption, the facility is deemed to be temporary if it is in place for up to two weeks prior to and after the event.

D.

Temporary WCFs installed for not more than one hundred eighty days, subject to extensions, during repair, replacement, or relocation of an existing WCF or construction of a new WCF.

E.

Pre-existing WCFs for which a permit has been properly issued prior to July 1, 2017;

F.

Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC.

G.

Antennas and related equipment that are being stored, shipped or displayed for sale.

H.

Radar systems for military and civilian communication and navigation.

I.

Amateur (ham) radio stations.

(Ord. No. 16311, § 1(Att. C), 10-31-2023)

A.

Prohibited.

1.

WCFs and other antenna support structures are prohibited on sites or structures, which are on federal, state, or county recognized historic registers, state and local wildlife refuges, and permanently protected archaeological sites. WCFs and associated structures shall not be located within one thousand feet of wetlands, staging areas, or rookeries supporting birds listed as priority species by the Washington Department of Fish and Wildlife, listed as endangered or threatened species under the federal Endangered Species Act.

2.

Notwithstanding the foregoing, small wireless facilities may be permitted on such sites, when exceptions are authorized under applicable state, federal, and local law governing the same.

B.

Preferred. For all WCFs, it is the County's preference that WCFs shall be located in one of the following zones:

Light Industrial (LI), Rural Resource Industrial (RRI), Planned Industrial Park (PI), Neighborhood Convenient (NC), Rural Commercial Center (RCC), Arterial Commercial (AC), Highway Commercial (HC), or Long-Term Forestry (LTF).

An applicant not able to meet the county's preference of zone shall provide as much detail as reasonably possible for evaluation by county staff, demonstrating the reasons the applicant must locate a WCF in a non-priority zone.

(Ord. No. 16311, § 1(Att. C), 10-31-2023)

Allowed zoning districts are specified in Table 1, Special Uses - Distribution in County Zoning Districts, within TCC Chapter 20.54. Allowed uses for the Urban Growth Areas (UGAs) can be found in TCC Titles 21, 22, and 23.

Table 1 - Permit Approval

A.

Where there is a discrepancy in special use permit requirements between this chapter and Chapters 20.54 and 20.60, this chapter shall supersede.

B.

No special use permit may be issued under this chapter unless the applicant demonstrates compliance with the terms, conditions, and performance standards set forth in this chapter. Any SUP subject to a Type III review must also meet the criteria for said use permits set forth in TCC 20.33.090.

C.

Facilities in the Rights-of-Way. Construction of new small wireless facilities in the rights-of-way and collocation or modification to any small wireless facilities in the rights-of-way may only occur after the following:

1.

A type I procedure (administrative decision) special use permit (SUP) is issued by the county to the applicant for the proposed small wireless facility. For purposes of this title, a stand-alone pole in the rights-of-way, the sole or primary purpose of which is to house small wireless facilities, shall not be treated as a tower but are still required to obtain the appropriate special use permit.

2.

The applicant shows that they have an affidavit documenting the right to collocate or modify the structure;

3.

Small wireless facilities in the rights-of-way must comply with TCC 13.56, Thurston County Rights-of-way;

4.

New poles in the rights-of-way must comply with Washington State Department of Transportation (WSDOT) clear zone standards;

5.

Small wireless facilities in the rights-of-way must comply with the Thurston County Road Standards, as adopted in Section 15.04.081 of the TCC, or as subsequently amended; and

D.

When applying for an EFR application, all work must be completed in accordance with all applicable requirements as set forth in this code and any other applicable regulations.

E.

Franchise Agreement Required. No person or entity who desires to locate facilities in county rights-of-way shall locate such facilities or equipment on county property unless granted a franchise agreement from the county pursuant to TCC 13.72 Franchises.

(Ord. No. 16311, § 1(Att. C), 10-31-2023)

A.

Requirements for All Applications. A lease agreement with accurate and up to date information for the property owner may be submitted in place of the property owner information required as a part of TCC 20.60.030. In addition to TCC 20.60.030, the following information shall be submitted as part of the application for all WCFs subject to this chapter:

1.

Identification of all service providers using the facility;

2.

If the applicant is not the owner or person in control of the structure or site, an attestation that the owner or person in control of the eligible support structure or site has consented to the proposed WCF or modification. If the WCF or eligible support structure is to be located within a public rights-of-way, the applicant must also attest that the applicant has authorization to install, maintain, and operate transmission equipment in, under, and above the public rights-of-way;

3.

An attestation that the permittee will comply with existing structural, electrical, and safety codes, and a description of the general structural capacity of the new WCF and associated structure upon which the WCF is to be attached or the general structural capacity of the proposed modification, if applicable;

4.

If the applicant proposes a modification requiring alteration to an eligible support structure, excavation, installation of new equipment cabinets, or other activities impacting or altering the land, existing structures, fencing, or landscaping, the applicant must submit a detailed site plan and drawings, showing the point of true north, and an appropriate scale depicting:

a.

The location, elevation, and dimensions of the existing, proposed for collocation, modification, or replacement structures, transmission equipment, and equipment cabinets, as applicable;

b.

The location of existing structures on the site, including fencing, screening, trees, and other significant site features; and

c.

The location of any areas where excavation is proposed showing the elevations, depths, and width of the proposed excavation and materials and dimensions of the equipment to be placed in the area excavated.

5.

If the applicant proposes a modification that will protrude from the edge of a non-tower structure, record drawings, as-built plans, or the equivalent, showing at a minimum the edge of the structure at the location of the proposed modification;

6.

Copies of the land use or building permit approval that authorized the original installation of any existing tower or structure, or any subsequent approval(s) granting modifications, if applicable;

7.

If new generators, or any other noise producing equipment components are being proposed, an assessment of noise that shows compliance with county and state noise standards; and

8.

A stamped report by a state of Washington registered professional engineer, or a verified statement from a qualified radio frequency engineer, demonstrating or assuring that the site will be in full compliance with federal radio-frequency emissions standards for wireless facilities.

B.

Eligible Facilities Request. The application for an EFR shall not require the applicant to demonstrate a need or business case for the proposed modification or collocation. In addition to [subsection] A, a complete application for an administrative SUP for an eligible facilities request includes:

1.

A detailed explanation of how the proposed facilities modification is subject to review under Section 6409 of the Spectrum Act, 47 U.S.C § 1455(a), and 47 C.F.R. § 1.6100.

2.

A detailed visual simulation depicting how the eligible support structure will appear after the proposed modification is complete, and particularly, how concealment or stealth will be extended with the modification. The visual simulation shall depict to scale the eligible support structure in relation to the trees, landscaping and other structures adjacent to, or in the immediate vicinity of, the eligible support structure. The applicant may substitute alternate documentation and analysis if, in the reasonable discretion of the county, it provides similar detail and description of the proposed modification as set forth in this subsection.

C.

Wireless Communication Facilities (WCF) including SWFs. Applications for SWFs may be submitted in batches of applications. In addition to the application materials delineated in subsection A of this section, a complete application for a SUP for a WCF (including SWFs) includes:

1.

A description of compliance with the applicable design and performance standards set forth in TCC 20.33.130. This includes, but is not limited to:

a.

A scaled site plan clearly indicating, to the extent applicable, the location, type and height of the proposed facility or collocation, on-site land uses and zoning, adjacent land uses and zoning, comprehensive plan classification of the site, proposed means of access, setbacks from property lines, spacing between tower(s) and other structures, elevation drawings of the proposed tower and any other structures, topography of the site, and proposed parking;

b.

Legal description of the parent tract and leased parcel, if applicable;

c.

A landscape plan showing specific landscape materials, if applicable;

d.

Method of fencing, the finished color, and the method of camouflage and illumination, if applicable;

e.

If new equipment cabinets, generators, or any other ground equipment components are being proposed:

i.

A description of the method of concealment of equipment components, such as: whether such components will be located within an existing building, within an architecturally compatible addition to an existing building, or within a new building which is architecturally compatible with other buildings on the site and adjoining properties; located underground; or within an equipment cabinet or shelter; and

ii.

If equipment is proposed to be concealed within an equipment cabinet or shelter that will be located aboveground (and not mounted on or within the structure itself), a description of the landscaping and screening, if technically feasible; and

2.

A description of compliance with the additional requirements in this chapter for collocating and for special uses subject to a Type III review, if applicable.

D.

New Towers. In addition to the application materials delineated in subsection[s] A and C of this section, a complete application for a SUP for a new tower includes:

1.

An attestation from the applicant as to whether construction of a new tower will accommodate collocating of additional WCFs for other service providers.

2.

For information purposes only and to assist the county in understanding the expected benefits of the site, but not to be considered as the criteria for approval, include an explanation of how the proposed new tower at the proposed location is necessary to either fill a significant gap in service, to introduce new services, to densify a network, or to otherwise improve service capabilities. Include applicable coverage maps, data, or documentation.

3.

A description of the lack of suitability of the use of existing facilities, including towers or other structures to provide the services through the use of the proposed new tower.

4.

Photo simulations of the proposed tower from adjacent residential properties and rights-of-way at varying distances; and

5.

A statement in a form approved by the county attorney signed by the WCF applicant and the property owner of the proposed site agreeing:

a.

To the collocation of additional wireless service providers on the applicant's structure or within the same site location;

b.

That the applicant will remove all facilities and related equipment if the site is abandoned as a result of discontinued use for six months; and

c.

That if the applicant fails to remove the facility within ninety days after notice of abandonment by the county, responsibility for removal shall fall upon the landowner (see TCC 20.33.180).

E.

Third-Party Radio Frequency Emission Review. The county may submit the applicant's materials to a third-party RF professional for review, as may be reasonably deemed necessary by the county to determine compliance with this chapter and federal regulatory requirements.

F.

Fee. Every application made under this section must be accompanied by an application fee, which will be set by the board of county commissioners in its unified fee schedule, to reimburse the county for the costs of reviewing the application, including any third-party review required by the county. Permits for WCFs that attach to county structures (such as a utility pole), or are located within the county rights-of-way, may be subject to additional fees related to the attachment and use of property owned or controlled by the county.

G.

Waiver of Submittal Requirements. The approval authority or their designee may waive any submittal requirement upon determination that the required submittal, or part thereof, would prohibit or have the effect of prohibiting wireless communications. It is the intent of the county that waivers authorized under this section will only be used in rare occasions based upon unique, site specific factors. A waiver, to be effective, must be in writing and signed by the approval authority.

(Ord. No. 16311, § 1(Att. C), 10-31-2023)

A.

Wireless Communication Facilities (WCF) Permits. The review process for WCF applications is that for a Type I procedural review (ministerial decision) special use permit (SUP) as detailed in 20.60.020(1) or a Type III (quasi-judicial decision) special use permit (SUP) as detailed in 20.60.020(3), as determined by Table 1 of Chapter 20.54.

B.

This permit approval process does not apply to eligible facility requests.

(Ord. No. 16311, § 1(Att. C), 10-31-2023)

A.

In evaluating a permit application under this chapter, the decision-maker must examine the following criteria:

1.

Whether all requisite licenses, certificates, and authorizations from applicable federal, state, and local agencies have been obtained by the applicant; and

2.

Whether the applicant has shown that its proposed WCF meets the standards and criteria set forth in this chapter, including the design and performance standards set forth in TCC 20.33.130;

B.

Decision. After considering all information submitted, and the record on file and from any hearing, the approval authority or their designee will decide whether to grant, deny, or grant the permit with conditions, and must issue a written decision containing findings of fact supported by substantial evidence, based on the criteria above.

C.

Issued Permit. Any permit that is issued for a WCF under this chapter must contain the location, nature, and extent of approved use, together with all conditions that are imposed. If, at any time, the use no longer complies with the stated conditions, the owner will be declared in violation of this chapter and brought into compliance under Title 26 TCC.

(Ord. No. 16311, § 1(Att. C), 10-31-2023)

A.

In addition to the general criteria for approval uses set forth in this chapter, the following criteria apply to all WCFs denominated as special uses subject to Type III review:

1.

The applicant must demonstrate that visual, noise, and other impacts associated with the proposed WCF have been minimized to the maximum extent feasible using existing concealment technology, site design, noise abatement techniques, concealment, disguise, camouflage, or the use of architecturally compatible improvements to existing structures where permitted, or underground placement of ancillary equipment. In evaluating the site design, consideration will be given to whether the facility will blend into the surrounding topography, tree coverage, foliage, and other natural features and whether locating the facility in alternative locations upon the subject property, or reasonably available properties would better conceal the facility through use of existing natural and built features;

2.

The applicant must demonstrate compatibility of the proposed WCF with the height and mass of existing buildings and structures in the area and/or compatibility with the natural setting;

3.

The applicant must demonstrate that the design of the proposed facility complies with the purpose and intent of this chapter, including, but not limited to, the design and performance standards set forth in TCC 20.33.130 which most closely match the proposed facility;

4.

The applicant must demonstrate that alternative locations, including other collocations and alternative support structures, are not available for the proposed facility; and

5.

The applicant must demonstrate that the proposed facility will be supported by adequate public facilities or services and will not adversely affect public services to the surrounding area, or conditions can be established to mitigate adverse impacts on such facilities.

(Ord. No. 16311, § 1(Att. C), 10-31-2023)

A.

Completeness Review. Applications to site small wireless facilities must be reviewed for completeness within ten days of receipt; all other WCF applications must be reviewed for completeness within thirty days of receipt. If the application is not reviewed for completeness within the applicable time frame, it will be deemed complete.

B.

Tolling. For the initial submittal of applications to site small wireless facilities, the review period resets once an applicant submits its additional materials. For all other applications deemed incomplete and where notice is provided in accordance with subsection A above, the review period is tolled until additional required materials are submitted, and upon receipt of such materials, the review time frame begins to run again.

C.

Submittal of Additional Materials. If an applicant submits additional materials, the approval authority must provide notice within ten days as to any additional materials identified in the original notice that were not provided with the supplemental materials. Second or subsequent notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness. For second or subsequent notices of incompleteness, the review time frame will be tolled for all applications including for siting small wireless facilities. If the applicant does not submit the required materials within one hundred twenty days, the county may notify the applicant that the application shall be deemed withdrawn.

D.

Failure to Act. As required by 47 CFR § 1.6100(c)(4), if the decision-maker fails to approve or deny a request seeking approval for a special use permit within the applicable time frame for review, accounting for any tolling, the request is deemed granted. The deemed grant does not become effective until the applicant notifies the applicable reviewing authority in writing after the review period has expired that the application has been deemed granted.

(Ord. No. 16311, § 1(Att. C), 10-31-2023)

A.

The time frame for review of an application for a WCF begins to run when an application is submitted, not when the application is deemed complete. Written decisions are due within the time stated unless otherwise tolled pursuant to TCC 20.33.100.

1.

Eligible Facility Request.

a.

Time Frame. Written decision due within sixty days from receipt of submission of application.

b.

If the County finds that the application involves a substantial change, the County may deny the application.

2.

Collocating WCFs on an Existing Structure.

a.

Time Frame. Written decision due within ninety days from receipt of submission of application.

b.

This provision does not apply to small wireless facilities.

3.

WCF with a New Structure.

a.

Time Frame. Written decision due within one hundred fifty days from receipt of submission of application.

b.

This provision does not apply to small wireless facilities.

4.

Collocating Small Wireless Facilities on an Existing Structure.

a.

Time Frame. Written decision due within sixty days from receipt of submission of application.

5.

Small Wireless Facility with a New Structure.

a.

Time Frame. Written decision due within ninety days from receipt of submission of application.

(Ord. No. 16311, § 1(Att. C), 10-31-2023)

A.

The decision of the approval authority or their designee is final and may be appealed directly to a court of competent jurisdiction; notwithstanding the provisions of TCC 20.60.060.

(Ord. No. 16311, § 1(Att. C), 10-31-2023)

All WCFs locating within unincorporated Thurston County and the Urban Growth Areas (UGAs) must comply with the following standards:

A.

Standards for all types of facilities:

1.

General.

a.

All portions of the facility must be the minimum size necessary to support operation of the facility and the reasonable expansion of additional new technologies or frequencies, as certified by the provider.

b.

Owners and operators must provide information regarding the opportunity for the collocation of facilities. Provision for future collocation may be required if technically feasible.

c.

It is prohibited to use any tree as a support structure for any attached WCF or to use any tree to attach any transmission equipment for any WCF.

2.

Antennas (including Small Wireless Facilities).

a.

Except for macro tower sites, antennas must either be flush mounted within twelve inches of the support structure, or within twelve inches of the face of the building they are attached to; or be contained in a canister that is a continuation of the support structure and is centered on top of the support structure.

b.

All antennas or arrays must be a color and material that matches the support structure, to the extent technically feasible.

c.

Roof-mounted installation is permitted when the screening requirements below have been met. The antennas, mounting brackets, and any concealment structures are exempt from the height limit of the underlying zone to the extent that the total height of such facilities does not increase the overall building height by twenty-eight feet, or fifty percent of the original building height, whichever is less.

3.

Equipment Cabinets, Shelters, and Undergrounding.

a.

All equipment necessary for the operation of the facility must be concealed, either within an existing building, within an architecturally compatible addition to an existing building, or within a new building which is architecturally compatible with other buildings on the site and adjoining properties; or located underground, with exceptions as stated in TCC Chapter 13.84, or located within pole structures or in pole mounted equipment, and any which may be underground, or ground mounted, and landscaped and screened pursuant to the County's typical landscaping requirements.

b.

Underground shelters are not allowed where such shelters would interfere with existing uses of public land including, but not limited to, public rights-of-way.

c.

Equipment cabinets and shelters may be permitted upon abutting private property located within public rights-of-way, or public utility easement, pursuant to the applicable requirements and obtaining the appropriate permits specified in TCC Chapters 13.56 and 13.60. New small cell facility poles located in the right-of-way within a residential zoning district shall be located no less than twenty-five feet from the nearest residential structure.

d.

Prefabricated concrete and metal structures for equipment enclosures are not permitted unless treated with a facade giving the appearance of masonry or wood siding and are compatible with the existing neighborhood and surrounding setting.

4.

Camouflage and Concealment. All WCFs and any related accessory equipment shall, to the maximum extent possible, use concealment design techniques, and where not possible utilize camouflage design techniques. Camouflage design techniques include, but are not limited to, using materials, colors, textures, screening, undergrounding, landscaping, or other design options that will blend the WCF to the surrounding natural setting and built environment.

a.

Where WCFs are located in areas of high public visibility, they shall, where physically possible, be designed to be concealed, and where not possible to be concealed, to minimize the WCF profile through placement of equipment fully or partially underground, or by way of example and not limitation, behind landscape berms. Except for small cell facilities, facilities on private property that are not concealed must be screened through the use of mature trees that are a minimum of twenty feet tall and planted to screen at least eighty percent of the area around the facility, if technically feasible.

b.

A concealment design may include the use of facilities designed to resemble an object that would be commonly found in the area, including, but not limited to, a flagpole, a clock or bell tower, a tree that is a native conifer species, a silo, or for SWFs, a facility that fully encloses antennas and equipment. Antennas, to the maximum extent feasible, must be concealed by the support structure, so as not to be recognized as WCFs.

c.

All WCFs, such as antennas, vaults, equipment rooms, equipment enclosures, and towers shall be constructed of non-reflective materials (visible exterior surfaces only).

5.

Noise. Noise reduction measures must comply with applicable county or Washington state noise regulations.

6.

Landscaping.

a.

Except when located in the rights-of-way or on a rooftop, WCFs and equipment cabinets must be concealed by surrounding with a minimum of four-feet-wide landscaping, in the applicable zones set forth in the county's general zoning provisions, if technically feasible.

b.

Towers must be landscaped with a buffer of plant materials that effectively conceal and screen the view of the tower compound from properties used for residences, if technically feasible. In some cases, natural growth around the property perimeter may provide a sufficient buffer.

c.

Existing mature tree growth and natural landforms on the site must be preserved to the maximum extent possible.

7.

Setbacks.

a.

In residential zones, towers, antennas, monopoles, other wireless facilities, and equipment pertaining thereto must not be closer than the greater of the minimum building setback or one hundred percent of the tower height from the adjoining lot line.

b.

In nonresidential zones, facilities must comply with the setback requirements set forth in the applicable zoning code, TCC Title 20.07. If land in a nonresidential zone abuts a residential zone with an incompatible use, facilities must not be closer than the greater of the minimum building setback or one hundred percent of the tower height from the adjoining lot line.

c.

Reduction in setbacks is allowed as follows:

i.

If the applicant uses visual or noise abatement techniques, such as decorative noise walls, to achieve equivalent or greater reduction of visual and noise impacts from the WCF.

ii.

If the tower is constructed with breakpoint design technology. If the tower has been constructed using breakpoint design technology, the minimum setback distance shall be equal to one hundred ten percent of the distance from the top of the structure to the breakpoint level of the structure, or the applicable zone's minimum side setback requirements, whichever is greater. (For example, on a one hundred-foot tall tower with a breakpoint at eighty feet, the minimum setback distance would be twenty-two feet [one hundred ten percent of twenty feet, the distance from the top of the tower to the breakpoint] or the minimum side yard setback requirements for that zone, whichever is greater.) Provided, that if an applicant proposes to use breakpoint design technology to reduce the required setback from a residence, the issuance of building permits for the tower shall be conditioned upon approval of the tower design by a structural engineer.

iii.

Where mature vegetation within the otherwise applicable setback affords visual mitigation.

d.

For substantial changes to existing WCFs, new equipment associated with the facility must be placed no closer to existing residential uses than any existing equipment enclosure on the subject property.

e.

These setback requirements do not apply to SWFs in the ROW.

8.

Spacing.

a.

Any new pole for an alternative tower structure or SWF in the rights-of-way shall be separated from any other existing WCF facility by a distance of at least six hundred feet, unless the new pole replaces an existing traffic signal, street light pole, or similar structure determined by the county.

b.

The minimum spacing requirements herein will not apply if they prohibit or have the effect of prohibiting wireless communication.

B.

Additional Standards for Specific Types of Facilities:

1.

New Towers and Concealed Support Structures.

a.

Any wireless applicant that proposes to construct a new tower or concealed supported structure, including lattice and guy towers, must show that:

i.

The proposed tower or structure has been designed in a manner that will allow for the collocation of at least one additional antenna array on the structure, if technically feasible;

ii.

The height of the tower or structure may not exceed one hundred eighty feet, or the height of similar structures permitted in the zone within which it is located, whichever is greater; and

iii.

These standards do not apply to SWFs in the ROW.

b.

In zones that allow residential uses, towers and their antennas must not be closer than two hundred feet or one hundred percent of the tower height from the nearest residential dwelling(s), as measured from the closest point from the exterior of the dwelling to the WCF, whichever is greater.

2.

Lattice Towers and Guy Towers. In addition to the requirements of [subsection] (1), lattice towers and guy towers shall meet the following:

a.

Color. Towers shall have a nonglare finish, painted to match or be compatible with the sky or trees with a non-glare paint, unless a different color or finish is required by the FCC or FAA;

b.

Camouflage. Cables on lattice and guy towers that would be visible from public rights-of-way and residential property must be contained in conduit colored to blend in with the tower, as determined by the approval authority or their designee. The approval authority may allow a different color or waive the requirement if a matching conduit is not available. In addition, lattice and guy towers shall be located, designed, and screened to the extent feasible to blend with the immediate surroundings so as to reduce visual impacts.

i.

Proposed lattice and guy towers shall be located where their visual impact is least detrimental to views of recognized landmarks, such as, but not limited to, Puget Sound, Nisqually Valley, Mount Rainer, the Black Hills, and the Olympic Mountains. If the approval authority determines that the proposed location for the tower would have a significant detrimental impact on a view of a recognized landmark, the approval authority shall deny the proposal unless the applicant demonstrates that a less impacting site is not available or feasible.

ii.

Lattice and guy towers shall be sited off ridgelines unless they are designed to blend in with the surrounding environment in such a manner that they would not have a significant visual impact, as determined by the approval authority, or the applicant demonstrates that no alternative location is available or feasible; and

c.

Setbacks from Specific Uses.

i.

Residential Properties: Lattice towers and guy towers shall be setback from all adjacent residentially owned properties a distance no less than two feet for every foot of tower height or no less than one foot for every one foot of tower height if the tower is of a camouflaged design.

ii.

Other Properties: Lattice towers and guy towers shall be set back from all rights-of-way and adjacent properties a distance no less than one foot for every foot of tower height.

iii.

Distance from Other Towers. No new lattice or guy towers may be constructed within one thousand three hundred and twenty feet of any other lattice or guy tower.

3.

Collocating WCFs.

a.

Collocations (as defined in TCC 20.03.040) are permitted on existing monopoles and stealth support structures, so long as the collocation maintains the appearance of the existing structure and does not interfere with the county's placement of cameras or other public safety uses.

b.

The height of the existing WCF may be increased by the minimum vertical separation necessary between the antenna facilities, not to exceed twenty feet, except for towers and utility poles outside public rights-of-way, the height of which may be increased by up to thirty feet to accommodate the minimum separation requirement. The height of the existing facility with all increases in height due to collocations may not exceed the general height limitation for similar structures or buildings within the zone in which it is permitted or one hundred twenty feet, whichever is greater.

c.

Existing monopoles and antenna support structures may be replaced to accommodate collocation. Replacement monopoles and stealth support structures must, to the maximum extent feasible, be located within twenty feet of the existing structure within the public rights-of-way, or within thirty feet of the existing structure outside of the public rights-of-way, and maintain the design of the original structure, including any stealth or camouflage components. Collocations shall adhere to minimum required property lines and residential setbacks.

d.

All antenna support structures permitted pursuant to the terms of this chapter or otherwise located within the county must be made available for use by the owner or initial user thereof, together with as many other wireless service providers as can be technically collocated thereon. If the county is the structure owner, it may charge associated application fees and rental rates associated with collocated structures, to the extent allowed by applicable law.

e.

Collocating facilities must meet all other visibility and performance standards.

4.

Collocating WCFs within Public Rights-of-Way. In addition to the requirements of [subsection] (3), collocations within the rights-of-way shall meet the following:

a.

Where a facility located upon a monopole or utility pole requires vertical separation between its facilities and the antenna(s), the structure/pole and antenna may be raised or replaced with a taller structure to accommodate the minimum separation requirement, not to exceed twenty feet in the public rights-of-way. Any additions must be constructed of similar materials and have surface treatments which match the color and texture of the original facility to the extent technically feasible.

b.

When placed adjacent to a residential property, small cell facilities must be placed within five feet of the common side yard property line between adjoining residential properties. In the case of a corner lot, the facility must be placed in front of the common side yard property line adjoining residential properties, or on the corner formed by two intersecting streets.

5.

Electric Transmission Towers or Utility Poles Outside Public Rights-of-Way.

a.

Where a utility located upon the support structure (such as an electric transmission tower) requires vertical separation between its facilities and the antenna(s), the structure/pole and antenna may be raised by a mount or replaced with a taller structure to accommodate the minimum separation requirement, not to exceed thirty feet. Any additions must be constructed of similar materials and have surface treatments which match the color and texture of the original facility to the extent technically feasible.

6.

Playfield, Ball Field, and Stadium Light Mounted Facilities. So long as they meet the requirements of the applicable zone district, WCFs are permitted on any playfield, ball field, or stadium light. Where lighted signs and illuminated areas are permitted, such illuminating devices must be shaded and directed so as to minimize visibility from any residentially zoned property.

7.

Amateur Radio ("Ham" Radio).

a.

Antennas and support structures used primarily for federally licensed amateur ("ham") radio activities may exceed the maximum allowable height for buildings provided that:

i.

The proposed structure height is necessary to successfully engage in amateur radio communications; and

ii.

The height must be no more than the distance from the base of the antenna to the property line.

8.

Attached to buildings.

a.

Maximum Height. Attached wireless communication facilities or antennas shall not exceed twenty-eight feet in height above the building roof or top of an existing structure on which it is mounted.

b.

Wall Mounted. If the antenna is mounted on a wall, it shall be as flush to the wall as technically feasible.

c.

Architectural Compatibility, Screening and Camouflaging. The antenna shall be architecturally compatible with the building and wall on which it is mounted, and shall be constructed, finished, or fully screened to match as closely as possible the color and texture of the building and wall. Such facilities will be considered architecturally and visually compatible if they are camouflaged to disguise the WCF or designed to blend with the building on which it is mounted.

d.

Equipment Structures. Equipment structures mounted on a building roof shall either be hidden from view from ground level off-site or have a finish/texture similar to the exterior building walls. Equipment for an attached antenna may also be located within the building on which the antenna is mounted. Any ground equipment that is not buried shall be located and screened to minimize visibility from adjacent properties and rights-of-way.

e.

Signals, Lights, and Signs. If lights are necessary, they shall be of a type that has the least visual impact for people at ground level, as determined by the approval authority or their designee.

f.

Outdoor Storage. Outdoor storage of motor vehicles or materials associated with the wireless communication facility is prohibited.

(Ord. No. 16311, § 1(Att. C), 10-31-2023)

The owner or operator of all wireless communication facilities must maintain their facilities in a good and safe condition and in a manner which complies with all applicable federal, state, and local requirements.

(Ord. No. 16311, § 1(Att. C), 10-31-2023)

A.

All wireless communication facilities must comply with applicable Federal Communications Commission (FCC) regulations regarding radio-frequency emissions. Compliance with applicable federal laws and regulations shall be a condition of any permit issued under this chapter.

B.

If the county determines that a WCF site is exceeding federal limits of RF emissions, it may notify the site owner or operator and require that the site be brought into compliance. Failure of a site owner or operator to maintain compliance with federal RF standards may result in the county's taking any compliance action available under applicable law.

C.

The county may, at its own expense, conduct periodic testing of any WCF site to determine compliance with federal regulations. The owner or operator of a WCF site shall provide the county and its contractor access to the site to conduct any required testing so long as such testing does not interfere with the operations of the site.

(Ord. No. 16311, § 1(Att. C), 10-31-2023)

A.

The owner or operator of a wireless communication facility must conduct tests necessary to demonstrate compliance with all applicable local regulations regarding the noise emissions of the facility when notified in writing (not more than three times a year) by the approval authority or their designee that a noise complaint has been received regarding the facility. All such tests must be performed by or under the supervision of a licensed environmental noise consultant competent to perform such tests and interpret the data gathered.

B.

When such a 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 facility is located must be submitted. The report must 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 must address standards set forth within noise reduction measures under State law in RCW 70A.20.060 and under any applicable standards in Thurston County code.

C.

The approval authority or their designee may retain a technical expert in environmental noise measurement to verify the noise measurements and certification. The cost of such a technical expert must be borne by the owner or operator of the facility, if said facility fails to comply with applicable state or local noise standards.

D.

This section does not apply during the testing of alternative power sources (i.e., power generators).

(Ord. No. 16311, § 1(Att. C), 10-31-2023)

A.

All wireless communication facilities must be protected from unauthorized entry and be constructed and maintained in a manner that will preclude unauthorized individuals from climbing structures housing WCFs. The perimeter of all WCFs that include an antenna support structure, other than SWFs in the ROW, must be secured with security fencing which does not exceed seven feet in height. WCFs that do not include an antenna support structure must be protected from unauthorized entry through appropriate means approved by the approval authority or their designee on a case-by-case basis consistent with the purpose of protecting the public health, safety, and welfare.

B.

Adequate public safety measures shall be provided for wireless communication facilities (except for small wireless facilities), as determined by the approval authority.

C.

The county shall require remedial action by the owner, operator, or applicant, if it determines that structural failure, ice accumulation, or other conditions pose a risk to public safety.

(Ord. No. 16311, § 1(Att. C), 10-31-2023)

A.

Any WCF that has had no antennas mounted upon it for a period of six months, or if the antennas mounted thereon are not operated for a period of six months, will be considered abandoned, and the owner thereof must remove such structure and any accompanying equipment and enclosure within ninety days after receipt of a notice from the approval authority or their designee to do so. The approval authority may extend this time period to a maximum of six additional months.

B.

Notwithstanding the requirements in subsection A above, a site will not be considered abandoned under this section if the owner or operator of the WCF demonstrates the following:

1.

Within fourteen days of the approval authority's notification to remove, an explanation of how there is a reasonable likelihood that the site will again be used within ninety days of the approval authority's notification to remove; and

2.

Within ninety days of the approval authority's notification to remove, demonstration that the owner or operator has in fact resumed use of the WCF, as previously permitted.

C.

The owner or operator of all wireless communication facilities must, when requested by the approval authority or their designee, submit a written report, signed under penalty of perjury which demonstrates whether there has been a cessation in use of the facility for a period of six months during the prior year. If a WCF is not removed within ninety days after receipt of a notice from the approval authority requiring said removal, the county may seek and obtain a court order directing such removal and imposing a lien upon the real or personal property upon which such WCF is situated in an amount equal to the cost of removal, and seek all remedies available under Title 26. If more than one wireless service provider is using the WCF, it will not be considered abandoned until all such users cease using the structure as provided in this section.

(Ord. No. 16311, § 1(Att. C), 10-31-2023)

A.

Except as approved as part of a plan to conceal, disguise, or camouflage a wireless communication facility, no signs, symbols, flags, banners, or similar devices must be placed on, attached to, painted, or inscribed upon any antenna support structure or alternative antenna support structure. Notwithstanding the foregoing, an applicant or landowner may place not more than four signs measuring twelve by eighteen inches upon or near a wireless communication facility which:

1.

State that trespassers may be prosecuted; and

2.

Identify the applicant or landowner or person responsible for operating the wireless facility, with names and telephone numbers of persons to be contacted in the event of an emergency; and

3.

Contain information necessary and convenient for the person operating the wireless communication facilities to identify the wireless communication facility; and

4.

Nothing in this section may be construed to prohibit the placement of safety or warning signs upon any portion of the wireless communication facilities which are required by law or which are designed to apprise emergency response personnel and the employees and agents of wireless communication providers of hazards associated with equipment located upon the wireless communication facility.

(Ord. No. 16311, § 1(Att. C), 10-31-2023)

Except as specifically required by Federal Aviation Administration (FAA) or FCC regulations, antenna support structures cannot be illuminated. However, equipment enclosures may be illuminated for security reasons when compatible with the surrounding neighborhood.

(Ord. No. 16311, § 1(Att. C), 10-31-2023)

Integration of Environmental Review. An application for a WCF that is not exempt from review under the State Environmental Policy Act (SEPA) must be reviewed per TCC Chapter 17.09 concurrently with the review of the permit reviewed under this chapter.

(Ord. No. 16311, § 1(Att. C), 10-31-2023)

A.

Applicability.

1.

Except as otherwise provided in this chapter, no WCF shall be used or developed contrary to any applicable development standard unless an adjustment has been administratively granted pursuant to this section. These provisions apply exclusively to the standards under this section. Adjustments to standards under this chapter do not require a variance under Chapter 52 of Title 20.

2.

A variance under Chapter 52 of this Title must be granted for any other adjustment sought to modify standards under all other chapters of this title. Except however, an administrative adjustment under this section may be granted, and variance requirements waived, for development standards in other chapters of this title to avoid an unnecessary burden to the siting of a WCF that would conflict with applicable federal WCF law. The decision to waive the variance requirements and grant an administrative adjustment for development standards outside of this chapter are at the sole discretion of the approval authority or their designee.

B.

Submittal Requirements. An application for a WCF adjustment shall be in a form provided by the department and shall include:

1.

A written statement and supporting documentation demonstrating how the adjustment would meet the criteria in this section.

2.

A site plan that includes:

a.

Description of the proposed siting's design and dimensions, as it would appear with and without the adjustment.

b.

Elevations showing all components of the wireless communication facility, and its connection to utilities, as it would appear with and without the adjustment.

c.

Color simulations of the wireless communication facility after construction demonstrating compatibility with the vicinity, as it would appear with and without the adjustment.

C.

Criteria. An application for a WCF adjustment shall only be granted if the following criteria are met:

1.

The adjustment is consistent and harmonized with the purpose of the development standard for which the adjustment is sought.

2.

Based on a visual analysis, the design minimizes the visual impacts to residential zones through mitigating measures, including, but not limited to, building heights, bulk, color, and landscaping.

3.

The applicant demonstrates to the satisfaction of the county either [subsection] a or b below:

a.

The proposed adjustment is necessary and narrowly tailored specifically as follows:

i.

Strict compliance with this chapter's standards would prohibit or have the effect of prohibiting the ability of the carrier to provide wireless service; and

ii.

The adjustment is narrowly tailored to allow the carrier to provide wireless service, such that the wireless communications facility conforms to this chapter's standards to the greatest extent possible;

b.

The adjustment would minimize or eliminate negative impacts to surrounding properties and their uses, through a utilization of existing site characteristics, including, but not limited to, the site's size, shape, location, topography, improvements, and natural features. Negative impacts are minimized or eliminated as follows:

i.

A decrease in negative visual impacts, including, but not limited to, visual clutter;

ii.

Better preservation of views or view corridors;

iii.

A decrease in negative impacts on property values; or

iv.

A decrease in any other identifiable negative impacts to the surrounding area's primary uses.

4.

The applicant demonstrates and attests that the adjustment poses no additional threat to public health, safety, and welfare.

D.

Requests for a WCF adjustment shall be treated separately from the site application from which the adjustment is sought. The application fee for the adjustment request may include the costs that the county incurs in retaining outside consulting expertise that in the county's opinion, is necessary to evaluate the request.

(Ord. No. 16311, § 1(Att. C), 10-31-2023)