Wapato City Zoning Code

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

Antennas and related equipment no more than three feet in height that are being stored, shipped, or displayed for sale;

Facilities used for purposes of public safety, such as, but not limited to, police and the regional 911 system;

Wireless radio utilized for temporary emergency communications in the event of a disaster;

Licensed amateur (ham) radio stations;

Satellite dish antennas less than two meters in diameter, including direct to home satellite services, when used as a secondary use of the property;

Wireless communication facilities which legally existed or had a vested application on or prior to the effective date of the ordinance codified in this chapter; except that this exemption does not apply to modifications of existing facilities;

Routine maintenance or repair of a personal wireless service facility and related equipment (excluding structural work or changes in height or dimensions of antennas, towers, or buildings); provided, that compliance with the standards of this chapter are maintained; and

Subject to compliance with all other applicable standards of this chapter and the Wapato Municipal Code, a building permit application need not be filed for emergency repair of a personal wireless service facility until thirty days after the completion of such emergency activity.

Zoning District and Height. Freestanding WCFs may be located in any manufacturing, industrial, commercial, highway tourism, and public land zoning related districts, as they now exist or may exist in the future, at a maximum height of one hundred fifty feet.

Existing Structures. Wireless facilities may be placed in any zoning district on the following existing structures and subject to Section 17.85.060:

Rights-of-Way. Subject to prior approval of the city, WCFs may be placed in all city right-of-way, provided the WCF is a minor facility consisting of a whip or tubular antenna placed on a light standard or power pole and the equipment cabinet is placed underground.

Residential Districts. Except as provided in subsection B of this section, wireless facilities are not permitted in residential zoning districts.

Principal or Accessory Use. WCFs will be considered either principal or accessory uses. A different use of an existing structure on the same lot shall not preclude the installation of a WCF on that lot.

FCC Licensing. The applicant must demonstrate that it is licensed by the FCC if it is required to be licensed under FCC regulations. The applicant, if not the telecommunications service provider, shall submit proof of lease agreements with an FCC licensed telecommunications provider if they are required to be licensed by the FCC.

Lot Size. For purposes of determining whether the installation of a wireless telecommunications facility complies with district development standards, such as, but not limited to, setback and lot coverage requirements, the dimensions of the entire lot shall control, even though a wireless telecommunications facility is located on a leased parcel within that lot.

Signs. No wireless telecommunications equipment shall be used for the purpose of mounting signs or message displays of any kind.

Lighting. Wireless facilities shall not be artificially lighted unless required by the FAA or other applicable authority.

Permanent Mounting Required. All commercial wireless telecommunications facilities shall be installed, erected, or mounted in a manner that is intended to be permanent. Temporary and mobile commercial facilities are not allowed.

Cumulative Effects. The city shall consider the cumulative visual effects of wireless facilities mounted on existing structures and/or located on a given permitted site in determining whether the additional permits can be granted so as to not adversely affect the visual character of the city.

Business License Registration. All approved WCFs shall obtain and maintain a city of Wapato business license within thirty days of the issuance of any permits or approvals.

Facility Screening. Wireless facilities shall be screened or camouflaged by employing the best available technology. This may be accomplished by use of compatible materials, location, color, stealth technologies, and/or other tactics to achieve minimum visibility of the facility as viewed from public streets or residential properties.

Wireless facilities may be mounted on certain nonresidential buildings and structures in any zoning district in accordance with the limitations in Section 17.85.040(B)(2) with a Class (1) zoning review; provided, that the following conditions are met:

New freestanding wireless facilities, all exempt repair and maintenance, and all other WCFs not meeting the criteria as a minor facility shall conform to all of the following site development standards and require a Class (3) zoning review:

Electronics equipment enclosures shall conform to the following:

Security fencing, if used, shall conform to the following:

A permittee shall cooperate with other WCF providers in colocating additional antennas on support structures and/or on existing buildings and sites, provided said proposed colocatees have received a permit for such use at said site from the city. A permittee shall allow other providers to colocate and share the permitted site, provided such shared use does not give rise to a substantial technical level impairment of the permitted use (as opposed to a competitive conflict or financial burden).

A signed statement indicating that the applicant agrees to allow for the potential colocation of additional WCF equipment by other providers on the applicant's structure or within the same site location shall be submitted by the applicant as part of the permit application. If an applicant contends that future colocation is not possible on its site, the applicant must submit a technical study documenting that such colocation is not possible.

The operator of a WCF shall notify the city upon the discontinued use of a particular facility. The WCF shall be removed by the facility owner within ninety days of the date the site's use is discontinued, it ceases to be operational, the permit is revoked, or if the facility falls into disrepair or is abandoned. Disrepair includes structural features, paint, landscaping, or general lack of maintenance which could result in safety or visual impacts; and

If the provider fails to remove the facility upon ninety days of its discontinued use, the responsibility for removal falls upon the landholder on which the facility has been located.

The applicant shall comply with federal standards for EMF emissions. If on review the city finds that the WCF does not meet federal standards, the city may revoke or modify the permit. The applicant shall be given a reasonable time based on the nature of the problem to comply with the federal standards. If the permit is revoked, then the facility shall be removed pursuant to Section 17.85.080.

The applicant shall ensure that the WCF will not cause localized interference with the reception of area television or radio broadcasts. If the city finds that the WCF interferes with such reception, the city may revoke or modify the permit. The applicant shall be given a reasonable time based on the nature of the problem to correct he interference. If the permit is revoked, then the facility shall be removed pursuant to Section 17.85.080.

Photosimulations of the proposed facility as viewed from affected residential properties and public rights-of-way at varying distances;

A signed statement indicating that:

Copies of any environmental documents required by any state or federal agency, if applicable, and including the city. These shall include the environmental assessment required by FCC Para. 1.1307, and/or any local environmental review codes. In the event that an FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment;

A full site plan shall be required for all sites, showing the tower, antenna, antenna support structure, building, fencing, buffering, access, and all other items required in this chapter. The site plan shall clearly indicate the location, the specific placement of the facility on the site, the type and height of the proposed WCF, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed facility, the location of existing structures, trees, and other significant site features, the type and location of plant materials used to screen the facility, fencing, proposed color(s), and any other proposed structures. The site plan may not be required if the antenna is to be mounted on an existing structure;

A current map showing the location and service area of the proposed WCF, and a map showing the locations and service areas of other wireless communication facilities operated by the applicant and those proposed by the applicant that are close enough to impact service within the city;

A legal description of the parcel and parcel number(s) of the lot upon which the WCF is to be located;

The approximate distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties;

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

A letter signed by the applicant stating the WCF will comply with all FAA regulations and EIA standards and all other applicable federal, state and local laws and regulations;

A statement by the applicant as to whether construction of the WCF will accommodate colocation of additional antennas for future users;

Certification that the antenna usage will not interfere with other adjacent or neighboring transmission or reception functions;

At the time of site selection, the applicant should demonstrate how the proposed site fits into its overall network within the city. This shall include a service area coverage chart by the proposed facility that depicts the extent of coverage and corresponding signal quality at the proposed facility height and at least one height lower than that proposed.

The city reserves the right to review any currently approved WCF use under federal, state, or local regulations as they exist now or may be amended in the future. If the city reviews any WCF it shall give the operator of the facility at least three months' written notice to prepare any information needed to review the WCF. In ruling on said renewal, the city shall consider all the existing regulations and laws affecting the application that are appropriate to the technology and use;

Construction of a WCF shall commence within one year from the date of the city's approval, with opportunity for a six-month extension. If not used within one year, or within the extension period, the permit shall become null and void;

The permittee/operator of the WCF shall and does, upon approval of the permit, agree to indemnify, protect, defend, and hold harmless the city, its councilmembers, planning commission members, officers, employees, agents, and representatives from and against any and all liabilities, losses, damages, demands, claims, and costs, including court costs and attorney's fees incurred by the city arising directly or indirectly from the city's approval and issuance of the action, whether discretionary or nondiscretionary, in connection with the use contemplated in the facility allowed by the permit, including, without limitation, any electromagnetic fields or other energy waves or emissions. Permittee/operator compliance with this indemnity provision is an express condition of the permit, and this indemnity provision shall be binding upon any and all of the permittees/operators, successors, and assigns.

All WCF Class 1 applications shall be charged a fee of two hundred fifty dollars.

All WCF Class 3 applications shall be charged a fee of five hundred dollars.

Commencing January 1, 2001, the application fees charged WCFs shall be automatically adjusted that year and on January 1st of each year thereafter using the percentage change in the CPI-W Consumer Price Index for U.S. city average for wage earners and clerical workers from July to July of the year preceding the date of the adjustment.

In addition to the application fee, the applicant shall reimburse the city for costs of professional engineers and other consultants hired by the city to review and inspect the applicant's proposal when the city is unable to do so with its existing staffing resources. By way of illustration and not limitation, these professional services may include engineering and technical review, legal review, planning review, environmental review, critical areas review, financial and accounting review, soils review, and mechanical and structural engineering review. In the event that a project requires professional services beyond that which is included in the base fee, the applicant shall reimburse the city at a rate of one hundred ten percent of the actual cost of said professional services. The city may require the applicant to deposit an amount with the city to cover anticipated costs of retaining professional services or consultants.