A.

Applicability and Exemptions.

1.

Applicability. All wireless communications facilities (WCFs) that are not exempt pursuant to this section shall conform to the standards specified in this section.

2.

Exemptions. The following are exempt from the provisions of this section and shall be allowed in all zoning districts:

a.

Wireless communications facilities that were legally established prior to the effective date of the ordinance codified in this section;

b.

Temporary facilities used on the same property for seven days or less;

c.

Temporary facilities that are used solely for emergency communications in the event of a disaster, emergency preparedness, or public health or safety purposes;

d.

Two-way communication transmitters used for:

i.

Emergency services including, but not limited to, fire, police, and ambulance services, and

ii.

Essential public utility services, including but not limited to electric, water and wastewater;

e.

Licensed amateur (ham) radio stations and citizen band stations;

f.

Any maintenance, repair, replacement, or upgrade of previously approved wireless communications facilities, support structures, and support towers; provided:

i.

Such activities do not increase the overall height of the facility by more than ten percent or twenty feet, whichever is greater, and any additional height meets the allowable height requirements in Section 17.71.195(E);

ii.

None of the activities causes a light to be required where none was previously approved;

iii.

Expansion or replacement of support structures may be subject to site plan review under Section 19.10;

iv.

An existing wireless carrier may add antennas to its facility, but the collocation of an additional wireless carrier is not exempt from review under this title;

v.

Replacements and upgrades under this subsection shall require building safety review; and

vi.

The addition of generators and ground equipment that were not previously approved are not exempt activities.

g.

Roof-mounted dish antennas used for residential purposes, and VHF and UHF receive-only television antennas, provided they are fifteen feet or less above the existing or proposed roof of the associated residential structures; and

h.

The installation and use of an antenna or antennas smaller than one meter in diameter for use by a private dwelling occupant for personal, home business, utility metering or private telecommunications purposes.

B.

Definitions. For the purposes of this section, the following definitions apply:

"Amateur radio station" means a personal radio station licensed by the FCC, governed by Part 97 of the FCC's rules and regulations, and operated by a duly authorized person interested solely with a personal aim and without pecuniary interest.

"Antenna" means any pole, panel, rod, reflection disc or similar device used for the transmission or reception of radio frequency signals, including, but not limited to omni-directional antenna (whip), directional antenna (panel), microcell, and parabolic antenna (dish). The antenna does not include the support structure or tower.

"Antenna array" means any system of poles, panels, rods, discs or similar devices used for the transmission or reception of radio frequency signals. An antenna array can be made up of one or more antennas including but not limited to the following:

1.

Directional antennas (also known as panel antenna) which transmit signals in a directional pattern of less than three hundred sixty degrees;

2.

Omni-directional antennas (also known as a whip antenna) which transmit signals in a three hundred sixty degree pattern; or

3.

Parabolic antennas (also known as a dish antenna) which are bowl shaped devices that receive and transmit signals in a specific directional pattern (e.g., point to point).

"Auxiliary support equipment" means all equipment necessary to process wireless communication signals and data, including, but not limited to, electronic processing devices, air conditioning, emergency generators, and cabling interface devices. For the purposes of this section, auxiliary equipment shall also include the shelter, cabinets, and other structural facilities used to house and shelter necessary equipment. Auxiliary equipment does not include support towers or structures.

"Collocation" means use of a common wireless communications support structure or tower for two or more antenna arrays.

"Federal Aviation Administration (FAA)" is the federal regulatory agency responsible for the safety of the nation's air traffic control system, including airspace impacted by wireless communications support structures and towers.

"Federal Communications Commission (FCC)" is the federal regulatory agency charged with regulating interstate and international communications by radio, television, wire, satellite, and cable.

"Height," when referring to a wireless communications facility, means the distance measured from the original grade at the base of the support tower or structure to the highest point on the support tower or structure, including the antenna(s) and lightning rods.

"Infrastructure provider" means an applicant whose proposal includes only the construction of new support towers or auxiliary structures to be subsequently utilized by service providers.

"Monopole" means a support tower composed of a single pole used to support one or more antenna(s) or arrays.

"Radiofrequency energy (RF)" is the energy used by cellular telephones, telecommunications facilities, and other wireless communications devices to transmit and receive voice, video and other data information.

"Residential district" means any zoning district which has as its primary purpose single or multifamily residences.

"Setback" means the required distance from any structural part of a wireless communications facility (including support wires, support attachments, auxiliary support equipment and security fencing) to either the property line of the parent parcel on which the wireless communications facility is located or to the nearest dwelling, depending on location.

"Support structure" means an existing building or other structure to which an antenna is or will be attached, including, but not limited to, buildings, steeples, water towers, and signs. Support structures do not include support towers, or any building or structure used for residential purposes in the low-density residential zoning districts.

"Support tower" means a structure designed and constructed exclusively to support a wireless communications facility or an antenna array, including monopoles, self-supporting towers, guy-wire support towers, and other similar structures, excluding existing utility poles in any dedicated right-of-way.

"Temporary facility" means any wireless communications facility which is not deployed in a permanent manner, and which does not have a permanent foundation.

"Utility pole placement/replacement" means the placement of antennas or antenna arrays on existing or replaced structures such as utility poles, light standards, and light poles for streets and parking lots.

"Wireless communications" mean any personal wireless services as defined by the Federal Telecommunications Act of 1996, including but not limited to cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar FCC licensed commercial wireless telecommunications services that currently exist or that may in the future be developed.

"Wireless communications facility (WCF)" means any unstaffed facility for the transmission and/or reception of radio frequency (RF) signals for the provision of wireless communications.

C.

Site Location of Wireless Communications Facilities. Wireless communications facilities are permitted in any zone in the city subject to the following preferences and the limitations. New wireless communications facilities shall be in conformance with all applicable standards as provided by this section.

1.

Facility Priorities. The city's preferences for WCFs are listed below in descending order with the highest preference first.

a.

Collocation with legally existing WCFs on support structures or support towers in nonresidential districts;

b.

Collocation with legally existing WCFs on support structures or support towers in residential districts;

c.

New attached WCFs on support structures in nonresidential districts;

d.

New attached WCFs on support structures in residential zones;

e.

New support towers.

2.

Utility Pole Placement/Replacement. Placement of antennas or antenna arrays on existing structures such as utility poles, light standards, and light poles for street and parking lots is preferred over new towers. Utility poles may be replaced for purposes of adding WCFs. Such replacements shall not be considered new support towers, and parcel size, setback, landscaping, and screening requirements of this section shall not apply. Unless SEPA review is required, utility pole placements/replacements require a Type I review and are subject to the following:

a.

The existing pole may be replaced with a similar pole not exceeding twenty additional feet in height. Such increase in height shall only be allowed for the first replacement of the pole.

b.

A pole extension may not exceed the diameter of the pole at the mounting point for the antennas.

c.

For placement or replacement in public rights-of-way, auxiliary support equipment shall be mounted within the pole or placed underground. No at-grade support equipment in the right-of-way is permitted.

d.

Replacements in public rights-of-way are subject to review and approval by the public works director for consistency with city codes including Title 12 and Title 13.

3.

Location Priorities for New Towers. The city's preferences for new support tower locations in the city are listed below in descending order with the highest preference first.

a.

Order of preference for new support towers:

i.

Heavy industrial (I-1);

ii.

Light industrial (I-2);

iii.

Highway commercial (C-2);

iv.

Central business district (C-1);

v.

High density residential (HDR);

vi.

Medium density residential (MDR);

vii.

Neighborhood commercial (C-3);

viii.

Low density residential (LDR-6, LDR-7.2, and LDR-8.5);

ix.

Public zones (P/Q-P/I);

x.

Floodway use (FW); and

xi.

Unzoned (UZ).

4.

Lease Areas.

a.

Except as otherwise required in this section, lease areas for new support towers shall be exempt from all lot standards of the zone in which they are permitted.

b.

Approval of a tower site under this section shall not be construed as creating a separate building lot for any other purpose unless it is created through platting or binding site plan approval.

D.

Development Standards.

1.

Collocation. Wireless communications facilities shall be collocated to the greatest extent possible to minimize the total number of support towers throughout the city. To this end, the following requirements shall apply:

a.

The city shall deny an application for a new support tower if the applicant does not demonstrate a good faith effort to collocate on an existing facility. Applicants for new support towers shall demonstrate to the responsible official that collocation is infeasible by showing that at least one of the following conditions exists:

i.

No existing towers or structures are located within the applicant's projected or planned service area for their facility;

ii.

According to a qualified RF specialist, existing towers or structures cannot be reconfigured or modified to achieve sufficient height;

iii.

According to a qualified RF specialist, collocation would result in electronic, electromagnetic, obstruction or other radio frequency interference with existing or proposed installations;

iv.

According to a structural engineer, existing towers or structures do not meet minimum structural specifications or structural integrity for adequate and effective operations to meet service objectives;

v.

Collocation would cause a nonconformance situation (e.g., exceeding height restrictions); or

vi.

A reasonable financial arrangement between the applicant and the owner(s) of existing facilities could not be reached.

b.

Carriers who collocate on existing towers or structures shall be allowed to construct or install accessory equipment and shelters as necessary for facility operation. Such development shall be subject to regulations under the International Building Code (IBC), applicable development standards of the underlying zone, and applicable development standards pursuant to this section (e.g., lighting, security, signage).

2.

New Support Towers. The following standards shall apply to new support towers:

a.

New support towers allowed under this section shall be designed to accommodate collocation. The following provisions shall apply:

i.

All new support towers shall accommodate collocation opportunities for a minimum total of two antenna arrays. A height bonus of up to twenty percent of the maximum tower height allowed in Section 17.71.195 (E)(1)(b)(1) is allowed with one or more additionally proposed antenna arrays if the screening requirements of Section 17.71.195(E)(3) are met.

ii.

A support tower owner approved under this section shall not deny a wireless provider the ability to collocate on their facility at a fair market rate or at another cost basis agreed to by the affected parties.

b.

Unless the State Historic Preservation Officer determines there is no material impact, new support towers shall be a minimum of one thousand feet from all sites listed on the National Register of Historic Places or the Cowlitz County Heritage Register.

c.

New support towers within six hundred sixty feet of a shoreline subject to review under Section 15.06 (Shorelines Management) or within one thousand feet of critical areas identified in Title 15 shall be reviewed for possible impacts to wildlife and critical areas.

d.

New support towers shall comply with all FAA and state aeronautics requirements and regulations. Upon request, the applicant must provide evidence or certification of such compliance.

e.

Building permits for support towers shall not be issued to infrastructure providers until one or more wireless communications service providers that will use the support tower are identified.

3.

Signage. Support towers and antenna(s) shall not be used for signage, symbols, banners, or other devices or objects attached to or painted on any portion of a WCF. Any emergency information, public safety warnings, or additional signage required by a governmental agency shall be displayed in an appropriate manner.

4.

Noise. Wireless communications facilities shall not generate noise levels in excess of maximum standards set forth in Chapter 173-60 WAC. Generators may be operated only for emergency purposes. If air conditioning or other noise-generating equipment is proposed, the applicant shall provide information detailing the expected noise level and any proposed abatement measures. This may require noise attenuation devices or other mitigation measures to minimize impacts.

E.

Design Standards.

1.

Height.

a.

Support Structures. Attached WCFs shall not add more than twenty feet in height to the support structure (including utility pole replacements) to which they are attached.

b.

New Support Towers.

i.

Subject to height bonus allowances in Sections 17.71.195(D)(2)(a)(1) new support tower heights including all attachments are limited to the following:

(A)

Nonresidential districts: One hundred twenty feet.

(B)

Nonresidential districts: One hundred fifty feet when the tower setback is greater than twice the total tower height or the parcel is surrounded by industrial parcels.

(C)

Residential districts: One hundred feet.

2.

Setbacks.

a.

All new support towers shall maintain a setback as described below, whichever is greater:

i.

A minimum fifty-foot setback from the property line of the parent parcel or from a right-of-way line; or

ii.

A distance equal to or greater than the total tower height from the nearest residence located on another parcel.

b.

Setbacks for auxiliary support equipment shall be those of the underlying zoning district.

c.

An exception may be granted for a location within the setback which is clearly preferable based on a review by the responsible official and provided such location has written approval from the property owners adjacent to the effected setback line.

d.

Setbacks shall not apply to easements established solely for access to the WCF.

3.

Landscaping and Screening.

a.

A landscaping and screening plan shall be submitted with all new support tower applications.

b.

Screening. Screening of new towers with existing tower-obscuring vegetation or buildings is preferred. If this requirement cannot be met, new support towers shall be screened with vegetation appropriate to the site, unless incompatible with the general surroundings and environment in the area. Such vegetation shall consist of a mix of native tree species that will reach a height of thirty feet or more and be eighty percent opaque year-round. Planted evergreen species shall be fully branched and a minimum of six feet high when planted. The required screening shall be permanently maintained in a manner that meets the screening standards.

c.

Landscaping. All new support towers and associated structures shall be fully enclosed within a minimum six-foot high gated and locked security fence that is earth toned or that is either green or black coated vinyl chain link. A minimum five-foot landscape buffer shall be established surrounding the enclosure, containing landscape plantings that maintain a shrub screen six feet high and ninety-five percent opaque year-round (within two years of installation); one tree per thirty lineal feet of landscaped area as appropriate to provide a tree canopy over the landscaped area; and groundcover plants that fully cover the remainder of the landscaped area. A wall or fence may be substituted for the required shrubs where compatible with the general surroundings and environment of the area. Fencing, and landscaping, and screening are not required on any side of the site made up by existing buildings. The required landscaping shall be permanently maintained so that the landscaping meets standards. The responsible official may waive all or portions of this requirement subject to the following findings:

i.

The electrical equipment control box is fully enclosed and secured from access by the public.

ii.

The waiver will encourage support tower design that is more compatible with the site setting and surrounding uses.

d.

Owner Assurances. To assure continued compliance with landscaping and screening requirements, a covenant or other appropriate instrument may be required from the property owner.

4.

Color. For all new wireless communications facilities, the following criteria shall apply:

a.

Unless otherwise required by the FAA, all support towers and antennas shall have a non-glare finish and blend with the natural background.

b.

Attached WCFs shall be of a color that matches the color of the supporting structure to the greatest extent to minimize visual impacts.

5.

Lighting. Except as required by the FAA, artificial lighting of wireless communications towers shall be prohibited. Security lighting for equipment shelters or cabinets and other on-the-ground auxiliary equipment is allowed; provided, that lighting is shielded to keep direct light within the site boundaries. Strobe lighting is prohibited unless required by the FAA.

6.

Variances. Any applicant may request a variance from the standards of this section. Requests for variance shall be made in accordance with Section 19.08 of this code. In addition, the applicant shall demonstrate that strict adherence to the provisions of this section will result in an inability of the applicant to provide adequate WCF services within the City.

F.

Permit Process.

1.

Process Review. Table 17.71.195-1 shows required levels of WCF application review in terms of district location. Each type is subject to Section 19.10, Site Plan Review, and Chapter 19.08 for Approval, Review and Appeal Authority. Facilities exempt from threshold determination and EIS requirements under SEPA are listed in WAC 197-11-800(25).

The preferred district locations for WCFs are in order from top to bottom. The preferred WCF types are in order from left to right.

Table 17.71.195-1. Processing Requirements for Wireless Communications Facilities

¹ Adding WCFs such as antennas to previously approved WCFs.

² Adding WCFs to structures where none were previously approved.

³ Type 1s become Type 2s if the facility is not categorically exempt under WAC 197-11-800(25).

⁴ Small cell nodes on city owned structures or poles.

2.

Application Submittal. Applications for the location and development of wireless communications facilities shall include the following:

a.

For wireless collocation applications:

i.

A written narrative that addresses the following:

(A)

How the application meets or exceeds each of the applicable approval criteria and standards;

(B)

How the proposed plan meets the minimum area and dimensions of the base zone;

(C)

A comprehensive description of the existing or proposed facility including the technical reasons for the design and configuration of the facility, design and dimensional information, anticipated coverage of the facility, and the ability to accommodate future collocation opportunities;

(D)

If camouflage technology is proposed, the applicant shall provide a complete description of the suggested camouflage, including style and materials to be used, a photographic depiction of the proposed facility, and a maintenance plan detailing provisions for the continued effectiveness of the suggested camouflage for the life of the facility; and

(E)

The proposed frequency of vehicular trips the proposal could be expected to generate.

ii.

A site plan that is drawn to a minimum engineer's scale of one inch equals two hundred feet on a sheet no larger than twenty-four inches by thirty-six inches. The following information shall be clearly depicted:

(A)

Applicant's name, mailing address and phone number;

(B)

Owner's name and mailing address;

(C)

Contact person's name, mailing address, and phone number;

(D)

North arrow (orientated to the top, left or right of page), scale and date;

(E)

Proposed name of project;

(F)

Vicinity map covering one-quarter mile radius from the development site; and

(G)

Area of the site in acres or square feet.

(H)

Existing Conditions on the Site. A copy of the previously approved site plan and elevation drawings for the existing facility, or a site plan depicting:

(1)

The entire parcel, drawn to scale, with property lines, north arrow (orientated to the top, left or right of page), footprint of existing structures and driveways, parking spaces, abutting streets (name, centerline, curb and sidewalk), and existing fire hydrants; and

(2)

Elevation drawings of existing site and facility, including the tower, equipment structures, antennas, mounts and, if applicable, existing structures. Other applicable features, including but not limited to security fencing and screening, shall be included.

(I)

Proposed Improvements.

(1)

Show the location of all proposed structures, driveways and roads, easements, number and layout of proposed parking spaces (as applicable) and proposed location of fire hydrants;

(2)

Landscape plan if landscaping is proposed; and

(3)

Elevation drawings of the proposed site and facility changes.

iii.

Documentation that establishes the applicant's right to use the site shall be provided at the time of application by a copy of the proposed lease agreement, easement agreement, license agreement or letter of authorization to use the facility from the owner of the support structure.

iv.

Submit an original letter, signed and stamped by an engineer licensed in the State of Washington, certifying that the existing cell tower or support structure is of sufficient structural capacity to support the addition of the proposed collocation based on Telecommunications Industry Association Standard TIA/EIA-222.

b.

For new support tower applications:

i.

A written narrative that addresses the following:

(A)

How the application meets or exceeds each of the applicable approval criteria and standards;

(B)

How the proposed plan meets the minimum area and dimensions of the base zone;

(C)

How the issues identified in the pre-application conference have been addressed, and generally, how services will be provided to the site;

(D)

A comprehensive description of the existing or proposed facility including the technical reasons for the design and configuration of the facility, design and dimensional information, anticipated coverage of the facility and the ability to accommodate future collocation opportunities;

(E)

If camouflage technology is proposed, the applicant shall provide a complete description of the suggested camouflage, including style and materials to be used, a photographic depiction of the proposed facility, and a maintenance plan detailing provisions for the continued effectiveness of the suggested camouflage for the life of the facility;

(F)

An analysis of the proposal area and discussion of factors influencing the decision to target the proposed location. Such analysis shall include the good faith efforts and measures taken to secure a higher priority location; how and why such efforts were unsuccessful; and how and why the proposed site is essential to meet service demands for the geographic service area;

(G)

An analysis of existing WCFs within the intended service area, describing the status of collocation opportunities at these sites; and

(H)

The proposed frequency of trips the proposal could be expected to generate.

(I)

An analysis of qualification under 47 CFR 1.40001 for treatment as a qualifying modification to an existing tower and base station that does not substantially change the physical dimensions of such tower or base station.

ii.

A site plan that is drawn to meet the standards in Section 17.71.195 (F)(2)(a)(2) above, and:

(A)

An aerial photograph, which clearly indicates the location of the proposed facility in relation to:

(1)

Significant features within one thousand three hundred twenty feet including, but not limited to, existing and/or proposed site structures, public rights-of-way, residential developments, adjacent land uses, and properties used for public purposes;

(2)

Governmental jurisdictional boundaries within five hundred feet of the proposal boundaries; and

(3)

Critical areas within one thousand feet of the proposal boundaries.

(B)

A photographic analysis of the proposed site, including a representation of existing conditions and photographic simulations depicting views of any new support structures or towers.

(C)

Elevation drawings of the proposed site and facility, including the tower, equipment structures, antennas, mounts and, if applicable, any existing structures. Other applicable features, including but not limited to security fencing and screening, shall be included.

(D)

A detailed landscaping and screening plan, including existing and proposed vegetation, installation procedures, and landscaping/screening maintenance plans in accordance with Section 17.71.195(E)(3).

(E)

Any additional applicable information the responsible official deems necessary to adequately review the proposal.

iii.

Documentation that establishes the applicant's right to use the site shall be provided at the time of application by a copy of the proposed lease agreement, easement agreement, or license agreement.

iv.

Evidence that a neighborhood meeting has been held in compliance with the neighborhood meeting requirements set forth in Section 17.71.195(F)(3).

v.

The application materials shall include a report stamped, dated and signed by a licensed professional engineer registered in the State of Washington demonstrating the following:

(A)

The facility complies with all requirements of the International Building Code;

(B)

The structural capability of the facility will support collocated antennas (if applicable);

(C)

The facility complies with all applicable standards of the FAA and FCC, including RF energy standards; and

(D)

The basis for the calculation of capacities.

vi.

Applicants shall provide evidence of compliance with FAA requirements at the time of application.

3.

Neighborhood Meeting.

a.

The applicant shall hold a neighborhood meeting no more than ninety days prior to the submission of an application for a new support tower. The sole purpose of the neighborhood meeting is to exchange information on the siting and design of the new support tower and should be scheduled to allow maximum flexibility for review of issues and alternatives prior to the application. The neighborhood meeting shall be held at a location within a reasonable distance of the proposed development site on a weekday evening at a reasonable time. A pre-application conference is not a substitute for the required neighborhood meeting.

b.

Requirements.

i.

The applicant shall send a notice of the meeting at least fifteen days prior to the scheduled meeting to:

(A)

The Chamber of Commerce;

(B)

The Port of Woodland;

(C)

Cowlitz Diking District 2;

(D)

All landowners within a radius of six hundred sixty feet (one-eighth-mile) from the boundary of the property. The mailing list used for notification shall be based on the most recent property tax assessment rolls within thirty days of mailing of the Cowlitz or Clark County Assessor. At the request of the applicant, and upon payment of an applicable fee, the county will provide the required mailing list.

ii.

Coincidental with the notification mailing, the applicant shall post the meeting notification in the neighborhood news section of the city's paper of record and shall post a sign within the neighborhood notification in a conspicuous location near the edge of the property containing the proposed development. These notices must each be completed at least fourteen days prior to the meeting.

iii.

The notice must identify the date, time and place of the meeting and provide a brief description of the proposed development.

iv.

A copy of the notice, mailing list and the proposed development plan as presented at the meeting, as well as minutes and the sign-in sheet from the meeting, shall be submitted with the application.

4.

Third Party Review. The review authority may require a technical review by a third party of the applicant's justification under Section 17.71.195(E) for a new tower location as part of the conditional use or site plan review process. The first two thousand dollars of cost of the technical review shall be borne by the applicant, and such cost will be adjusted annually after 2018 based on the Consumer Price Index (CPI-U) rate used for Portland-Salem, OR-WA.

5.

Wireless Facility Modifications. Applicants who demonstrate qualification as a modification to an existing tower and base station that does not substantially change the physical dimensions of such tower or base station will be processed in accordance with 47 CFR 1.40001.

G.

Temporary Facilities. In order to facilitate continuity of services during maintenance or repair of existing installations, or prior to completion of construction of a new WCF, temporary facilities shall be allowed subject to a Type I administrative review. Temporary facilities shall not be in use more than sixty days at any one location during in any given one hundred eighty day period. Temporary facilities shall not have a permanent foundation and shall be removed within thirty days of suspension of services they provide.

H.

Removal for Discontinuance of Service.

1.

WCFs which have not provided service for one hundred eighty days shall be removed, and the site re-vegetated, unless an application is pending for service provision.

2.

Permits for new towers shall contain a provision requiring written notice to the department of any discontinuance of service which exceeds ninety consecutive days.

(Ord. No. 1412, § 2, 6-17-2019)