Chapter 21.90
WIRELESS COMMUNICATIONS FACILITIES
Sections:
21.90.010 Purpose.
21.90.030 Exemption.
21.90.050 Location of wireless communications facilities.
21.90.100 Design standards.
21.90.150 Height standards.
21.90.200 Noise.
21.90.250 Co-location.
21.90.300 Discontinuation of use.
21.90.350 Submittal requirements.
21.90.010 Purpose.
The purpose of this chapter is to provide placement, design and screening criteria for all wireless communications facilities (WCFs) in the city of Lynnwood in order to protect the public health, safety, general welfare, and quality of life in Lynnwood while preserving the rights of wireless communications providers. (Ord. 2441 § 21, 2003; Ord. 2270 § 1, 1999)
21.90.030 Exemption.
In the event an emergency or disaster is declared for the area, the community development director may exempt WCFs from the requirements of this chapter during the duration of such emergency or disaster. (Ord. 2441 § 21, 2003; Ord. 2270 § 1, 1999)
21.90.050 Location of wireless communications facilities.
A. It is the policy of the city of Lynnwood to locate WCFs in the city according to the following order of preference (highest to lowest preference):
1. Attached on existing structure such as buildings, communication towers, and utility facilities. Preference is to the fascia of buildings or mechanical penthouses.
2. Co-located (on one support structure) with other WCFs.
3. In the industrial zones as permitted in LMC 21.50.100.
4. In commercial zones as permitted in LMC 21.46.100.
5. In residential zones as permitted in LMC 21.42.100.
B. WCFs shall be located where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening. The support structure shall be located in close proximity to trees of comparable heights and in areas where they are otherwise visually compatible or designed to be compatible.
C. WCFs shall not be located within 1,320 linear feet of any other WCF except when located on an existing building, structure or wireless facility (that is, without support structures) or through the conditional use permit process as described in the appropriate zoning district in which proposed. For the purpose of this section, all distances shall be measured in a straight line without regard to intervening structures, from the nearest point of the proposed wireless communications support structure to the nearest point of another wireless communications support structure.
D. WCFs located in a right-of-way shall meet the requirements of the abutting or closest zone (as measured from the support structure or the attached facility) and this chapter. (Ord. 2441 § 21, 2003; Ord. 2270 § 1, 1999)
21.90.100 Design standards.
A. Signs or advertising devices other than certification, warning, or other legally required seals or signs shall not be placed on or attached to WCFs.
B. Accessory equipment shall meet the following standards:
1. All accessory equipment associated with the operation of the WCF shall be located within a building, enclosure, or underground vault that complies with the development standards of the zoning district in which the accessory equipment is located.
2. Accessory equipment enclosures shall be visually compatible with the surrounding buildings (such as same construction material as primary building(s), same color, etc.) and include sufficient landscaping to screen the structure from view, and shall be subject to approval by the community development director.
3. Accessory equipment enclosures shall be limited to the housing of radio, electronic and related power equipment, and shall not be used for any other purpose, including storage.
C. All WCFs shall employ concealment technology in their design, construction, and maintenance in order to reduce the WCFs’ aesthetic impacts to the maximum extent possible. Such concealment technology shall include, at a minimum, the following:
1. All antenna support structures and antennas shall be painted a nonreflective color, subject to approval by the community development director, which blends into the nearby surroundings of the WCF so as to minimize the visual impact of the support structure or antennas.
2. New antenna support structures shall be located in such a manner that existing trees on the site are used to screen the WCF from view from roadways, residences, and other properties; provided, however, that all WCFs shall be designed in a manner which minimizes the need for removal or topping of existing trees.
3. To the maximum extent reasonably practical, WCFs shall be designed to resemble an object other than a WCF that is already present in the local environment, such as a tree, a street light or a traffic signal. It may include the use of colors or materials to blend into the building materials from which a structure is constructed. Examples of concealment technology include, but are not limited to, the use of innovative site design techniques, existing or new vegetation and landscaping, paint and other surface treatments, alternative antenna configuration and/or selection, utilization of antenna support structures designed to resemble trees, and any other practice which screens the WCF from observation from roadways, residences, and other properties or otherwise has the effect of reducing the aesthetic impacts associated with the WCF.
D. All screening for attached WCFs shall be compatible with the existing architecture, color, texture and/or materials of the building and when located on roofs shall avoid the “porcupine effect” through camouflage or other technique acceptable to the community development director.
E. Monopole foundations and structures upon which antenna are to be mounted shall be designed to accommodate at least two carriers’ antenna.
F. Fencing, if permitted or required, shall conform to the following:
1. No fence shall exceed the height permitted for the respective zone in which the facility is to be located. The fencing surrounding the WCF may be of a chain link material.
a. A landscaping buffer shall be provided to buffer the view of the WCF structure(s) and fence from off site. The landscaping buffer shall at a minimum be five feet in width and consist of evergreen shrubs with a mature height of at least 10 feet planted a maximum of five feet on center. The evergreen shrub at planting shall have a minimum height of six feet.
G. Lighting for the WCF may be used for security reasons only and shall be shielded to prevent off-site glare. All exterior lighting shall be subject to approval by the community development director. In no case except when specifically required by the Federal Aviation Administration (FAA) or the Federal Communication Commission (FCC) will the wireless communications support structure be lighted. (Ord. 2441 § 21, 2003; Ord. 2270 § 1, 1999)
21.90.150 Height standards.
A. The height of the wireless communications support structure is inclusive of any attachments.
B. WCFs utilizing a wireless communications support structure shall be limited to the maximum building height for the applicable zone. (Ord. 2270 § 1, 1999)
21.90.200 Noise.
See Chapter 10.12 LMC. (Ord. 2270 § 1, 1999)
21.90.250 Co-location.
A. All applicants shall cooperate in good faith with existing WCF operators in co-locating additional antennas on support structures and/or on existing buildings provided the existing operator has received a permit for such use at said site from the city.
B. All applicants shall exercise good faith in cooperating in co-locating with other providers and sharing the permitted site, provided such proposed shared use does not prevent or unreasonably interfere with the existing use (i.e., significant interference in broadcast or reception capabilities as opposed to competitive conflict or financial burden). Such good faith cooperation shall include sharing technical information necessary to evaluate the feasibility of co-location. In the event a dispute arises as to whether a provider has exercised good faith in accommodating other users, the city may require a third party technical study at the expense of either or both the applicant and the existing operator as to the feasibility of co-locating.
C. Failure to comply with the co-location requirements of this chapter may result in the denial of a permit request or revocation of an existing permit. (Ord. 2441 § 21, 2003; Ord. 2270 § 1, 1999)
21.90.300 Discontinuation of use.
A. Lawfully erected WCFs that are no longer being used shall be removed promptly from the premises, no later than six months after the discontinuation of use, except as otherwise provided by law. A WCF is considered abandoned if it ceases to provide wireless communications services that are substantially consistent with the application and/or purposes for which the WCF was constructed for six or more months (occasional use shall not affect the six-month period). Such removal shall be in accordance with proper health and safety requirements and all ordinances, rules and regulations of the city. The wireless communications provider shall send to the city a copy of the discontinuation notice required by the FCC at the time the notice is sent to the regulatory agency.
B. All facilities determined to be abandoned and not removed within the required six-month period from the date of notice shall be in violation of this chapter, and operators of the facility and the owners of the property shall be subject to penalties for violations under the enforcement provisions of the zoning code. The city may remove all abandoned facilities following the six-month removal period at the operators’ expense. Facilities removed by the city shall be stored for no less than 30 days and thereafter be disposed of by public auction, if deemed to be of value by the city, or otherwise as permitted by law. (Ord. 2441 § 21, 2003; Ord. 2270 § 1, 1999)
21.90.350 Submittal requirements.
In addition to the information required by any other part of the municipal code, the following items shall be required for any application for land use, development or construction permit for a WCF:
A. A statement providing the reasons for the location, design and height of the proposed tower or antennas.
B. The contact name managing the facility, the telephone number and mailing address.
C. A map showing any existing and/or approved WCFs within 2,640 feet of the proposed new facilities site (not required of attached facilities).
D. A current overall system plan for the city, showing facilities presently constructed or approved and propagation maps showing the before and after coverage with the new facility (not required of attached facilities).
E. Evidence satisfactory to the community development director demonstrating that location or co-location is unfeasible on existing buildings and existing tower facility sites for reasons of structural support capabilities, safety, available space, or failing to meet service coverage area needs.
F. A site/landscaping plan showing the specific placement of existing structures, trees, and other significant site features, and indicating type and locations of plant materials proposed to be used to screen WCF components and the proposed color(s) for the communication facility.
G. A signed statement indicating:
1. The applicant agrees to allow for the co-location of additional WCF equipment by other providers and the applicant’s structure consistent with the provisions of this chapter.
2. The applicant agrees to remove the facility within six months after the use of the site is discontinued.
H. Plans showing how connections to utilities will occur, the ownership of those utilities, and any proposed right-of-way cuts or easements (not required for attached facilities).
I. Documents demonstrating that any necessary easements or property rights have been obtained.
J. Plans showing how vehicle access shall be provided.
K. A deposit as shown in Chapter 3.104 LMC. (Ord. 2656 §§ 1, 2, 2006; Ord. 2441 § 21, 2003; Ord. 2270 § 1, 1999)