Chapter 18.88
WIRELESS COMMUNICATIONS FACILITIES

Sections:

18.88.000 Purpose.

18.88.010 Development standards for a Facility I.

18.88.020 Development standards for a Facility II.

18.88.030 Development standards for a Facility III.

18.88.040 Development standards for monopoles and lattice tower support structures.

18.88.050 Additional criteria for monopoles and lattice towers.

18.88.060 Exemption.

18.88.070 Electromagnetic frequency emissions.

18.88.080 Obsolescence.

18.88.090 Definitions.

18.88.100 Effect on other code provisions.

18.88.110 Repealed.

18.88.000 Purpose.

The purpose of this chapter is to balance the effectiveness of wireless communications service to customers, the needs of wireless communications providers, the regulatory functions of the city, the rights guaranteed and standards established by the federal government, and the potential impacts upon adjacent and surrounding land uses. (Ord. 97-14 § 1, 1997)

18.88.010 Development standards for a Facility I.

A. A Facility I is permitted in all zones.

B. The Facility I shall be located on buildings or other structures. The Facility I may be located on buildings and structures which contain mixed uses.

C. Antennas equal to or less than four feet in height and with an area of not more than 580 square inches in the aggregate (e.g., 14-inch diameter parabola or 2.6-foot by 1.5-foot panel) are exempt from the height limitation of the zone in which they are located. (For example, in some zones the maximum height of a building is 35 feet. A Facility I can go up to 39 feet and still be within the height limit). Placement of a Facility I antenna or related components on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure.

D. The shelter or cabinet used to house radio electronics equipment must be concealed from view and/or camouflaged. This can be accomplished through landscaping or other screening and through the use of compatible building materials.

E. In single-family residential areas, a Facility I shall be separated from any other Facility I by a distance equal to or greater than 500 linear feet.

F. The Facility I antenna and components shall be the same color as the existing building, pole or support structure on which it is to be located.

G. A building permit shall be required to construct a Facility I.

H. Roof-mounted facilities must be set back a minimum of 10 feet from the edge of the roof. (Ord. 97-14 § 1, 1997)

18.88.020 Development standards for a Facility II.

A. A Facility II is permitted in the Mixed Use Town Center, neighborhood service center, R-0.4, High School Road commercial districts, light manufacturing, and water-dependent industrial zones.

B. The Facility II may be located on buildings and other structures.

C. The shelter or cabinet used to house radio electronics equipment must be concealed from view and/or camouflaged. This can be accomplished through landscaping, fencing or other architectural screening by using compatible building materials.

D. A Facility II shall comply with the height limitation specified for all zones, except omni-directional antennas may exceed the height limitation by 12 feet. The permitted antenna height includes the wireless communication support structure. Placement of a Facility II antenna or related components on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure.

E. The Facility II antenna and components shall be the same color as the existing building, pole or support structure on which it is to be located.

F. A building permit shall be required to construct a Facility II.

G. Roof-mounted facilities must be set back a minimum of 10 feet from the edge of the roof.

H. In the R-0.4 zone, a Facility II must be set back at least 100 feet from each lot line. The planning director may grant a waiver of up to 25 percent of the setback requirement for monopoles and lattice towers if it is determined that significant trees and other vegetation will be retained by reducing the setback. (Ord. 97-14 § 1, 1997)

18.88.030 Development standards for a Facility III.

A. A Facility III is only permitted in the light manufacturing, water-dependent industrial and R-0.4 zones.

B. The shelter or cabinet used to house radio electronics equipment must be concealed and/or camouflaged.

C. A Facility III shall comply with the height limitation specified for all zones, except as follows: Omni-directional antennas may exceed the height limitation by 15 feet. Placement of a Facility III antenna or related components on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure.

D. The Facility III antenna and components shall be the same color as the existing building, pole or support structure on which it is to be located.

E. A building permit shall be required to construct a Facility III.

F. Roof-mounted facilities must be set back a minimum of 10 feet from the edge of the roof.

G. In the R-0.4 zone, a Facility III must be set back at least 100 feet from each lot line. The planning director may grant a waiver of up to 25 percent of the setback requirement for

monopoles and lattice towers if it is determined that significant trees and other vegetation will be retained by reducing the setback. (Ord. 97-14 § 1, 1997)

18.88.040 Development standards for monopoles and lattice tower support structures.

A. Monopoles and lattice towers are permitted in light manufacturing zones and in the R-0.4 zone through the site plan and design review process, pursuant to BIMC 18.105.020.A.4.

B. Monopoles and lattice towers located in the R-0.4 zone must be set back from each lot line one foot for every foot of height of the monopole or lattice tower. A monopole or lattice tower must be set back a minimum of 100 feet from SR 305. The planning director may grant a waiver of up to 25 percent of the setback requirement for monopoles and lattice towers if it is determined that significant trees and other vegetation will be retained by reducing the setback. The planning director may waive the setback requirement for public safety communications towers.

C. The maximum height of a monopole or lattice tower is 60 feet for one carrier or 120 feet if two or more carriers are located on the monopole or lattice tower. A permitted co-location monopole or lattice tower that does not have two or more carriers located on it for a period of one year or more shall be modified to conform to the single carrier height of 60 feet.

D. Public safety communications tower height shall be less than 200 feet. Where public safety communications towers exceed 120 feet in height, applications for site plan review or building permits shall include documentation that the proposed height is the minimum necessary to provide adequate facility for public safety communications. The application shall also include an acceptable plan for reducing the height of the tower in the future if technological advances make deployment at a lower level feasible.

E. The lot on which the monopole or lattice tower is to be constructed must be legally conforming.

F. The facility must be screened in accordance with BIMC 18.88.050.

G. Monopoles and lattice towers located in the light manufacturing zone must be set back a minimum of 100 feet from any residentially zoned property. The minimum setback along SR 305 is 100 feet.

H. Antennas which extend above the wireless communications support structure shall not be calculated as part of the height of a monopole or lattice tower.

I. Co-location on an existing support structure is to be permitted. A Facility III is the largest wireless communication facility allowed on a monopole or lattice tower.

J. The shelter or cabinet used to house radio electronics equipment and the associated cabling connecting the equipment shelter or cabinet to the monopole or lattice tower must be concealed and/or camouflaged through landscaping, fencing, or other screening using compatible building materials and colors.

K.  A building permit shall be required to construct a monopole or lattice tower. (Ord. 2003-11 § 4, 2003: Ord. 97-14 § 1, 1997)

18.88.050 Additional criteria for monopoles and lattice towers.

In addition to the criteria specified in BIMC 18.88.040, the following specific criteria must be met before a building permit can be granted:

A. Visual Impact. Antennas may not extend more than 15 feet above their supporting structure, monopole, lattice tower, building or other structure. Site location and development shall preserve the pre-existing character of the site as much as possible. Wireless communication towers and accessory equipment (equipment shelters and cabinets) shall be integrated through location, design, and color to blend in with the existing site characteristics to the extent practical. Existing vegetation around the facility shall be preserved or improved upon to provide vegetative screening. A minimum of two-thirds of the height of the monopole or lattice tower must be screened by existing vegetation when possible. Additional screening may be required by the planning director to mitigate visual impacts to adjacent properties or public rights-of-way as determined by site specific conditions. Screening requirements shall include a slatted chain-link fence, with full screen landscaping, as required in BIMC 18.85.070.B, around the outer perimeter of the fence, except as necessary for egress.

B. Noise. No equipment shall be operated above 45 dB as measured from the nearest property line on which the attached wireless communication facility is located. (Ord. 2003-11 § 5, 2003: Ord. 97-14 § 1, 1997)

18.88.060 Exemption.

The following is exempt from the requirements of site plan review process, and shall be considered a permitted use in all zones where wireless and attached wireless communications facilities are permitted. Building permits shall be required for these uses:

A. Minor modifications to existing wireless communications facilities and attached wireless communications facilities, whether emergency or routine, provided there is little or no change in the visual appearance. Minor modifications are those modifications, including the addition of antennas to wireless and attached wireless communications facilities, that meet the provisions of this chapter.

B. Additions to the height of public safety communications towers. (Ord. 2003-11 § 6, 2003: Ord. 97-14 § 1, 1997)

18.88.070 Electromagnetic frequency emissions.

The city recognizes that the Federal Telecommunications Act of 1996 gives the Federal Communications Commission (FCC) sole jurisdiction in the regulation of radio frequency (RF) emissions and wireless communications facilities which meet FCC standards shall not be conditioned or denied on the basis of RF emissions. Applicants for wireless communications facilities shall be required to provide the city information on the projected power density of the facility and compliance with FCC requirements. (Ord. 97-14 § 1, 1997)

18.88.080 Obsolescence.

A wireless communications facility or attached wireless communications facility shall be removed by the facility owner within six months of the date it ceases to be used. (Ord. 97-14 § 1, 1997)

18.88.090 Definitions.

A. “Antenna” is any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio frequency signals.

1. “Omni-directional antenna” (also known as a “whip” antenna) transmits and receives radio frequency signals in a 360-degree radial pattern. For the purpose of this chapter, an omni-directional antenna is up to 15 feet in height and up to four inches in diameter.

2. “Directional antenna” (also known as a “panel” antenna) transmits and receives radio frequency signals in a specific directional pattern of less than 360 degrees.

3. “Parabolic antenna” (also known as a “dish” antenna) is a bowl-shaped device for the reception and/or transmission of radio frequency communications signals in a specific directional pattern.

B. “Accessory antenna device” means an antenna including, but not limited to, test mobile antennas and global positioning (GPS) antennas which are less than 12 inches in height or width, excluding the support structure.

C. “Attached wireless communication facility” is a wireless communication facility that is affixed to an existing structure. The existing structure is not considered a component of the attached wireless communications facility.

D. “Co-location” exists when more than one wireless communications provider mounts equipment on a single support structure.

E. “Equipment shelter” or “cabinet” means a room, cabinet or building used to house equipment for utility or service providers.

F. “Facility I” is an attached wireless communications facility which consists of antennas equal to or less than four feet in height with an area of not more than 580 square inches in the aggregate (e.g., 14-inch diameter parabola or 2.6-foot by 1.5-foot panel).

G. “Facility II” is an attached wireless communication facility which consists of antenna equal to or less than 10 feet in height or up to one meter (39.37 inches) in diameter and with an area not more than 30 square feet in the aggregate.

H. “Facility III” is an attached wireless communication facility which consists of antennas equal to or less than 15 feet in height or up to one meter (39.37 inches) in diameter and with an area not more than 100 square feet in the aggregate.

I. “Lattice tower” is a wireless communication support structure which consists of metal crossed strips or bars to support antennas and related equipment.

J. “Monopole” is a wireless communication facility which consists of a support structure, the height of which shall not exceed 120 feet in height not including antennas.

K. “Related equipment” means all equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable, conduit and connectors.

L. “Wireless communication facility” means an unstaffed facility for the transmission and reception of low-power radio signals consisting of an equipment shelter or cabinet, a support structure, antennas (e.g., omni-directional, panel/directional or parabolic) and related equipment.

M. “Wireless communication support structure” is the structure erected to support wireless communication antennas and connecting appurtenances. Support structure types include, but are not limited to, stanchions, monopoles, lattice towers, wood poles or guyed towers. (Ord. 97-14 § 1, 1997)

18.88.100 Effect on other code provisions.

To the extent any provisions of this chapter conflict with any provisions in other chapters or ordinances or any provisions of the code, the provisions of this chapter shall control. (Ord. 97-14 § 1, 1997)

18.88.110 Severability.

Repealed by Ord. 2003-44. (Ord. 97-14 § 1, 1997)