Yarrow Point City Zoning Code

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

Routine maintenance or repair of a wireless communication facility.

The facilities will not interfere with the purposes for which the town-owned property or rights-of-way are intended;

The facilities will be located no closer than 70 feet from the nearest private property line measured horizontally at ground level;

The applicant shall obtain liability insurance in an amount not less than $1,000,000;

The applicant will submit a letter of credit, performance bond, or other security acceptable to the town to cover the costs of removing the facilities;

The macro facility, including support systems, will not interfere with other uses;

The applicant must agree that in case of a declared emergency or documented threat to public health, safety or welfare and following reasonable notice, the town may require the applicant to remove the facilities at the applicant's expense;

The applicant must obtain all necessary land use approvals;

The applicant must cooperate with the town's objective to locate multiple antennas and associated equipment on a single macro facility;

The applicant must remove the facility in the event that it is abandoned or there is no current site lease; and

The facility must be constructed in such a manner as to provide a stealth appearance.

The proposed location has not been designated as a critical area, and the macro facility is not within 150 feet of a critical area;

The macro facility will not interfere with normal public use or impact existing vistas;

The macro facility is constructed in such a manner as to provide a stealth appearance and is consistent with the existing flora and fauna of the park.

The maximum finished area occupied by the structure shall be 100 square feet and the maximum structure height shall be six feet. The equipment building may be located no more than 50 feet from the antenna or facility.

Ground-level buildings shall be screened from view by landscape plantings, fencing, or other appropriate means.

Equipment buildings shall comply with setback requirements and shall be designed so as to conform in appearance with nearby residential structures.

Reactivate the use of the facility or transfer the facility to another provider who makes actual use of the facility; or

In the event that abandonment as defined herein occurs due to relocation of an antenna at a lower point on the antenna support structure, the operator shall have six months from the date of effective abandonment to collocate another service on the antenna and antenna support structure. If another service provider is not added to the antenna support structure, the operator shall promptly dismantle and remove that portion of the antenna support structure which exceeds the minimum height required to function satisfactorily. Notwithstanding the foregoing, changes made to wireless facilities which do not diminish their essential role in providing a total system shall not constitute abandonment; or

Dismantle and remove facility. If the tower, antenna, foundation, and facility are not removed within the 60-day time period or additional period of time allowed by the town, the town may remove the antenna, antenna support structure, foundation and related facility at the owner's/provider's expense. If there are two or more providers located on a facility, this provision shall not become effective until all providers cease using the facility, except as otherwise provided herein.

The impact of the facility on adjacent properties;

Alternative sites for macro facilities; and

The extent to which screening and camouflaging will mitigate the effect of the proposed macro facilities.

Antennas and the associated equipment enclosures (including disconnect switches and other appurtenant devices) shall be fully concealed within the pole, unless such concealment is otherwise technically infeasible, or is incompatible with the pole design, then the antennas and associated equipment enclosures must be camouflaged to appear as an integral part of the pole or flush mounted to the pole, meaning no more than six inches off of the pole, and must be the minimum size necessary for the intended purpose, not to exceed the volumetric dimensions of small wireless facilities. If the equipment enclosure is permitted on the exterior of the pole, the applicant is required to place the equipment enclosure behind any banners or road signs that may be on the pole; provided, that such location does not interfere with the operation of the banners or signs.

The furthest point of any antenna or equipment enclosure may not extend more than 20 inches from the face of the pole.

All conduit, cables, wires and fiber must be routed internally in the light pole. Full concealment of all conduit, cables, wires and fiber is required within mounting brackets, shrouds, canisters or sleeves if attaching to exterior antennas or equipment.

An antenna on top of an existing pole may not extend more than the minimum necessary as supported by engineering evidence or in any event no more than 10 feet above the height of the existing pole and the diameter may not exceed 16 inches, measured at the top of the pole, unless the applicant can demonstrate that more space is needed. The antennas shall be integrated into the pole design so that it appears as a continuation of the original pole, including colored or painted to match the pole, and shall be shrouded or screened to blend with the pole except for canister antennas which shall not require screening. All cabling and mounting hardware/brackets from the bottom of the antenna to the top of the pole shall be fully concealed and integrated with the pole.

Any replacement pole shall substantially conform to the design of the pole it is replacing or the neighboring pole design standards utilized within the contiguous right-of-way.

The height of any replacement pole may not extend more than 10 feet above the height of the existing pole or the minimum additional height necessary, provided no additional height is allowed for the antenna installation.

The diameter of a replacement pole shall comply with the town's setback and sidewalk clearance requirements and shall, to the extent technically feasible, be no larger than to accommodate three interior conduits or not more than a 25 percent increase of the existing nonwooden pole measured at the base of the pole, whichever is greater, unless additional diameter is needed in order to conceal equipment within the base of the pole, and shall comply with the requirements in subsection (E)(4) of this section.

The use of the pole for the siting of a small wireless facility shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host site for a small wireless facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small wireless facility and the small wireless facility and all associated equipment shall be removed.

The wooden pole at the proposed location may be replaced with a taller pole for the purpose of accommodating a small wireless facility; provided, that the replacement pole shall not exceed a height that is a maximum of 10 feet taller than the existing pole, unless a further height increase is required and confirmed in writing by the pole owner and that such height extension is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities.

A pole extender may be used instead of replacing an existing pole but may not increase the height of the existing pole by more than 10 feet, unless a further height increase is required and confirmed in writing by the pole owner and that such height increase is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities. A "pole extender" as used herein is an object affixed between the pole and the antenna for the purpose of increasing the height of the antenna above the pole. The pole extender shall be painted to approximately match the color of the pole and shall substantially match the diameter of the pole measured at the top of the pole.

Replacement wooden poles must either match the approximate color and materials of the replaced pole or shall be the standard new wooden pole used by the pole owner in the town.

Antennas, equipment enclosures, and all ancillary equipment, boxes and conduit shall be colored or painted to match the approximate color of the surface of the wooden pole on which they are attached.

Panel antennas shall not be mounted more than 12 inches from the surface of the wooden pole.

Antennas should be placed in an effort to minimize visual clutter and obtrusiveness. Multiple antennas are permitted on a wooden pole; provided, that each antenna enclosure shall not be more than three cubic feet in volume.

A canister antenna may be mounted on top of an existing wooden pole, which may not exceed the height requirements described in subsection (B)(1) of this section. A canister antenna mounted on the top of a wooden pole shall not exceed 16 inches, measured at the top of the pole, and shall be colored or painted to match the pole. The canister antenna must be placed to look as if it is an extension of the pole. In the alternative, the applicant may propose a side-mounted canister antenna, so long as the inside edge of the antenna is no more than 12 inches from the surface of the wooden pole. All cables shall be concealed either within the canister antenna or within a sleeve between the antenna and the wooden pole.

The furthest point of any antenna or equipment enclosure may not extend more than 20 inches from the face of the pole.

An omnidirectional antenna may be mounted on the top of an existing wooden pole, provided such antenna is no more than four feet in height and is mounted directly on the top of a pole or attached to a sleeve made to look like the exterior of the pole as close to the top of the pole as technically feasible. All cables shall be concealed within the sleeve between the bottom of the antenna and the mounting bracket.

All related equipment, including but not limited to ancillary equipment, radios, cables, associated shrouding, microwaves, and conduit which are mounted on wooden poles, shall not have an inside edge further than six inches from the surface of the pole, unless a further distance is technically required, and is confirmed in writing by the pole owner.

Equipment for small wireless facilities must be attached to the wooden pole, unless otherwise permitted to be ground mounted pursuant to subsection (E)(1) of this section. The equipment must be placed in the smallest enclosure possible for the intended purpose. The equipment enclosure and all other wireless equipment associated with the utility pole, including wireless equipment associated with the antenna and any preexisting associated equipment on the pole, may not exceed 28 cubic feet. Multiple equipment enclosures may be acceptable if designed to more closely integrate with the pole design and does not cumulatively exceed 28 cubic feet. The applicant is encouraged to place the equipment enclosure behind any banners or road signs that may be on the pole; provided, that such location does not interfere with the operation of the banners or signs.

An applicant who desires to enclose both its antennas and equipment within one unified enclosure may do so; provided, that such enclosure is the minimum size necessary for its intended purpose and the enclosure and all other wireless equipment associated with the pole, including wireless equipment associated with the antenna and any preexisting associated equipment on the pole does not exceed 28 cubic feet. To the extent possible, the unified enclosure shall be placed so as to appear as an integrated part of the pole or behind banners or signs. The unified enclosure may not be placed more than six inches from the surface of the pole, unless a further distance is required and confirmed in writing by the pole owner. To the extent possible, unified enclosure shall be placed so as to appear as an integrated part of the pole or behind any banners or signs that may be on the pole; provided, that such location does not interfere with the operation of the banners or signs.

The visual effect of the small wireless facility on all other aspects of the appearance of the wooden pole shall be minimized to the greatest extent possible.

The use of the wooden pole for the siting of a small wireless facility shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host site for a small wireless facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small wireless facility and the small wireless facility and all associated equipment shall be removed.

The diameter of a replacement pole shall comply with the town's setback and sidewalk clearance requirements and shall not be more than a 25 percent increase of the existing utility pole measured at the base of the pole.

All cables and wires shall be routed through conduit along the outside of the pole. The outside conduit shall be colored or painted to match the pole. The number of conduits shall be minimized to the number technically necessary to accommodate the small wireless facility.

Small wireless facilities may be mounted to the sides of a building if the antennas do not interrupt the building's architectural theme.

The interruption of architectural lines or horizontal or vertical reveals is discouraged.

New architectural features such as columns, pilasters, corbels, or other ornamentation that conceal antennas may be used if it complements the architecture of the existing building.

Small wireless facilities shall utilize the smallest mounting brackets necessary in order to provide the smallest offset from the building.

Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order to conceal mounting hardware, create a cleaner appearance, and minimize the visual impact of the antennas. Exposed cabling/wiring is prohibited.

Small wireless facilities shall be painted and textured to match the adjacent building surfaces.

Each strand-mounted facility shall not exceed three cubic feet in volume;

Only one strand-mounted facility is permitted per cable between any two existing poles;

The strand-mounted devices shall be placed as close as possible to the nearest utility pole, in no event more than five feet from the pole unless a greater distance is technically necessary or is required by the pole owner for safety clearance;

No strand-mounted device shall be located in or above the portion of the roadway open to vehicular traffic;

Ground-mounted equipment to accommodate a shared mounted facility is not permitted except when placed in preexisting equipment cabinets;

Pole-mounted equipment shall comply with the requirements of subsections A and B of this section;

Such strand-mounted devices must be installed to cause the least visual impact, be outside the view of a single-family residence, and without excess exterior cabling or wires (other than the original strand); and

Strand-mounted facilities are prohibited on nonwooden poles.

Ground-mounted equipment in the rights-of-way is prohibited, unless such facilities are placed underground or the applicant can demonstrate that pole-mounted or undergrounded equipment is technically infeasible. If ground-mounted equipment is necessary, then the applicant shall submit a concealment element plan. Generators located in the rights-of-way are prohibited.

No equipment shall be operated so as to produce noise in violation of Chapter 8.04 YPMC.

Small wireless facilities are not permitted on traffic signal poles unless denial of the siting could be a prohibition or effective prohibition of the applicant's ability to provide telecommunications service in violation of 47 U.S.C. 253 and 332.

Replacement poles and new poles shall comply with the Americans with Disabilities Act (ADA), town construction and sidewalk clearance standards, town ordinance, and state and federal laws and regulations in order to provide a clear and safe passage within the rights-of-way. Further, the location of any replacement or new pole must: be physically possible, comply with applicable traffic warrants, not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not adversely affect the public welfare, health or safety.

Replacement poles shall be located as near as possible to the existing pole with the requirement to remove the abandoned pole.

No signage, message or identification other than the manufacturer's identification or identification required by governing law is allowed to be portrayed on any antenna or equipment enclosure. Any permitted signage shall be located on the equipment enclosures and be of the minimum amount possible to achieve the intended purpose (no larger than four by six inches); provided, that signs are permitted as concealment element techniques where appropriate.

Antennas and related equipment shall not be illuminated except for security reasons, required by a federal or state authority, or unless approved as part of a concealment element plan.

Side arm mounts for antennas or equipment must be the minimum extension necessary and for wooden poles the inside edge of the antenna or equipment may be no more than 12 inches off the pole and for non-wooden poles no more than six inches off the pole.

The preferred location of a small wireless facility on a pole is the location with the least visible impact.

Antennas, equipment enclosures, and ancillary equipment, conduit and cable shall not dominate the structure or pole upon which they are attached.

Except for locations in the right-of-way or within access easements on private property with property owner permission, small wireless facilities are not permitted on any property containing a residential use in the residential zones.

The town may consider the cumulative visual effects of small wireless facilities mounted on poles within the rights-of-way when assessing proposed siting locations so as to not adversely affect the visual character of the town. This provision shall not be applied to limit the number of permits issued when no alternative sites are reasonably available nor to impose a technological requirement on the applicant.

These design standards are intended to be used solely for the purpose of concealment and siting. Nothing herein shall be interpreted or applied in a manner which dictates the use of a particular technology. When strict application of these requirements would unreasonably impair the function of the technology chosen by the applicant, alternative forms of concealment or deployment may be permitted which provide similar or greater protections from negative visual impacts to the streetscape.

The proposed small wireless facility cannot be located on an existing utility pole or light pole, electrical transmission tower or on a site outside of the public rights-of-way or access easement such as a public park, public property, or building;

The proposed small wireless facility receives approval for a concealment element design, as described in subsection (D)(1) of this section;

For access easements, the property owner has given permission for the placement of a new pole within the access easement in such a manner so as to not frustrate the purpose of the easement or create any access or safety issue and shall be in compliance with all land use regulations such as, but not limited to, setback requirements;

The proposed small wireless facility also complies with the Shoreline Management Act and SEPA, if applicable;

Any new pole shall be installed at the point closest to the side property line so as to not impact the property's view; and

No new poles shall be located in a critical area or associated buffer required by the town's critical areas regulations for shoreline jurisdiction.

Option A shall be a light standard designed in conjunction with the town representative to be compatible with the town's existing light pole infrastructure and conforming to the town's technical standards for such poles.

Option B shall be a hollow pole designed for small wireless facilities only, generally conforming with the design shown in Figure 1 below.

The concealment element design should seek to minimize the visual obtrusiveness of the small wireless facility. The proposed pole or structure shall conform to the pole design type designated by the town for the proposed location. Any concealment element design for a small wireless facility on a new pole should attempt to mimic the design of such pole and integrate the small wireless facility into the design of the pole. Other concealment methods include, but are not limited to, integrating the installation with architectural features or building design components, utilization of coverings or concealment devices of similar material, color, and texture—or the appearance thereof—as the surface against which the installation will be seen or on which it will be installed, landscape design, or other camouflage strategies appropriate for the type of installation. Applicants are required to utilize designs in which all conduit and wirelines are installed internally in the structure. Further, applicant designs should, to the extent technically possible, comply with the generally applicable design standards adopted pursuant to YPMC § 17.30.150.

If the town representative has already approved a concealment element design either for the applicant or another small wireless facility along the same public right-of-way or for the same pole type, then the applicant shall utilize a substantially similar concealment element design, unless it can show that such concealment element design is not physically or technologically feasible, or that such deployment would undermine the generally applicable design standards.

To toll the time frame for incompleteness, the town representative shall provide written notice to the applicant within 30 days of receipt of the application, clearly and specifically delineating all missing documents or information required in the application.

The time frame for review begins running again when the applicant makes a supplemental submission in response to the town representative's notice of incompleteness.

Following a supplemental submission, the town representative will notify the applicant within 10 days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in this subsection. Second or subsequent notice of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.