Title 21
OTHER LAND USES

Chapters:

21.02 Boundary Line Adjustments

21.04 Conditional Use Permits

21.06 Binding Site Plans

21.08 Wireless Communications Facilities

21.10 Rezones

Chapter 21.02
BOUNDARY LINE ADJUSTMENTS

Sections:

21.02.010 Purpose.

21.02.020 Definitions.

21.02.030 Application.

21.02.040 Notice.

21.02.050 Criteria for approval.

21.02.060 Process and decision.

21.02.070 Appeal procedure.

21.02.080 Recording.

21.02.010 Purpose.

The purpose of this chapter is to allow for minor adjustment to boundary lines among property owners. (Ord. 746-00)

21.02.020 Definitions.

As used in this chapter unless the context or subject matter clearly requires otherwise, the following words or phrases shall have the following meanings:

A. “Boundary line adjustment” means the adjustment of boundary lines, which creates no additional lot, tract, parcel, site or division, and creates no lot, tract, parcel, site or division that contains insufficient area and dimension to meet minimum requirements set forth in the Sultan Municipal Code for width and area for a building site.

B. “Department” shall mean the department of planning and community development.

C. “Director” shall mean the director of the department of planning and community development or his/her designee.

D. “Hearing examiner” is the city of Sultan land use hearing examiner

E. “Lot” is a fraction or part of subdivided land having fixed boundaries, being sufficient in area and dimension to meet minimum zoning requirements. The term shall include tracts and parcels. (Ord. 746-00)

21.02.030 Application.

A boundary line adjustment (BLA) application shall be on forms supplied by the department, shall be signed by the owner(s) of the property and shall be accompanied by a complete application that consists of:

A. An eight and one-half by 11-inch or eight and one-half by 14-inch plot plan depicting both existing boundary lines and proposed boundary line changes drawn at a scale not to exceed one inch equals 50 feet, or at a scale agreed upon by the applicant and planning department;

B. Legal descriptions of the existing and revised lots, tracts, parcels, sites or divisions certified by a licensed surveyor or title company;

C. A filing fee of $250.00 or as amended subsequently by the adopted city fee schedule shall be paid to the city for approval of a boundary line adjustment application.

If the application is determined to be incomplete, the department shall notify the applicant in writing within 10 working days of submittal. Failure to submit all requested materials within one year shall void the application. (Ord. 746-00)

21.02.040 Notice.

Within 10 working days of filing a complete application, the department shall provide the applicant with a notice of application sign at a cost identified in the current fee schedule and instructions for posting and mailing. The properties for which the BLA is requested shall be posted within five days at two locations along the property’s frontage and all adjacent taxpayers of record within 300 feet shall be notified of the application. Such posting and mailing shall be evidenced by submittal of a verified statement by the applicant or representative regarding the date and location of posting and date of mailing. No public hearing is required. The properties shall remain posted until all appeal periods have expired. (Ord. 785-02 § 4)

21.02.050 Criteria for approval.

In reviewing the proposed boundary line adjustment, city staff shall use the following criteria for approval:

A. That the proposed boundary line adjustment will not violate applicable zoning code requirements and the zoning of the properties for which the BLA is requested shall not change zoning districts;

B. That the proposed boundary line adjustment will not detrimentally affect access, design or other public safety and welfare concerns. The evaluation of detrimental effect may include review by the department of public works, or any other agency or department with expertise;

C. The proposed BLA will not cause boundary lines to bisect on-site sewage disposal systems, prevent adequate access to water supplies or obstruct fire lanes. The proposed BLA will not create new access, which is unsafe or detrimental to the existing road system because of sight distance, grade, road geometry or other safety concerns as determined by public works;

D. If within a formal subdivision, that the proposed boundary line adjustment will not violate the conditions of preliminary approval or the city’s subdivision ordinances;

E. This section shall not apply to BLAs that are reviewed concurrently with a permit of land use action requiring a decision by the hearing examiner, or reviewed concurrently with a building permit for a multiple-family residential project. The BLA application shall not be considered complete until the concurrent application is complete. The hearing examiner shall act as the BLA decision maker when the BLA is in conjunction with a concurrent application requiring a decision by the examiner. The examiner shall only apply the review criteria in this chapter in determining if a BLA may be approved. Frontage improvements may be required for the area subject to the BLA and the concurrent application;

F. The proposed BLA will not create narrow strips of land less than the minimum lot width of the underlying zone that connects the original lot area with new area added by the BLA. This subsection shall not preclude BLAs that create or modify access panhandles;

G. The proposed BLA will not cause any existing lot that conforms to lot area or lot width requirements to become substandard;

H. The proposed BLA will not increase the nonconformity of substandard lots, except that adjustments between two or more legally substandard lots may increase nonconformity as long as the cumulative reduction in lot area or lot width is 10 percent or less; and

I. The proposed BLA will not result in lots without building areas when building areas existed before the adjustment. (Ord. 746-00)

21.02.060 Process and decision.

Once an application has been submitted, city staff shall have 10 working days to review and provide a letter of completeness to the applicant. The department shall approve, approve with conditions or deny the application based on the criteria set forth in SMC 21.02.050 within 15 working days following the submittal of a complete application or revision, unless the applicant consents to an extension of such time period. The completeness date of the application shall be the date the complete application was filed. The city may deny a BLA application, or void a BLA approval, due to incorrect or incomplete submittal information. (Ord. 746-00)

21.02.070 Appeal procedure.

A. Appeals by any aggrieved party or the city when such party is the city are affected by any decision made by the director or designee and shall be filed in writing within 10 days of the decision for an appeal before the hearing examiner, pursuant to SMC 16.136.160. Upon filing an appeal, a place and time for the hearing shall be set by the hearing examiner within a reasonable time, not to exceed 60 days from such notice of appeal.

B. The hearing examiner shall have the authority to hear and decide appeals from any decision or determination made by the department in the administration and enforcement of provisions of this chapter, pursuant to SMC 16.136.160.

C. The examiner may, in conformity with this chapter or other applicable city ordinances, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination appealed from, and may rule on the order, requirement, decision or determination as necessary.

D. At the hearing, the appellant shall have the burden of proof, which burden shall be met by a preponderance of the evidence.

E. The decision of the examiner on an appeal shall be final and conclusive. The examiner’s decision shall be reviewable for unlawful or arbitrary and capricious action or non-action under the Land Use Petition Act by writ of review before the Superior Court of Snohomish County. The cost of transcription of all records ordered certified by the court for such review shall be borne by the petitioner/appellant for the writ of review. (Ord. 746-00)

21.02.080 Recording.

To finalize an approved BLA, the applicant must record with the county auditor the BLA application, certified legal descriptions and the BLA map within 30 days of approval of the application or approval shall become void. The director may grant up to a 60-day extension for good cause. If the BLA affects more than one property owner, a conveyance document(s) shall establish ownership consistent with the approved adjusted boundaries. When a BLA is recorded subsequent to a record of survey for the same property, the recording number of the record of survey shall be noted on the BLA map. The applicant shall pay all recording fees and applicable state fees. The applicant shall provide a copy of the recorded BLA map and deed conveying the properties to be provided to the city within 10 working days of recording. Prior to issuance of any permit, a copy of the recorded boundary line adjustment and the deed conveying the properties must be presented to the director or designee showing that the boundary line adjustment was recorded as proposed. (Ord. 746-00)

Chapter 21.04
CONDITIONAL USE PERMITS

Sections:

21.04.010 Purpose.

21.04.020 Uses requiring a conditional use permit.

21.04.030 Application – Requirements and fees.

21.04.050 Criteria.

21.04.052 Additional criteria for single-family detached dwelling (clustered).

21.04.054 Additional criteria for duplexes or two-family dwellings.

21.04.060 Expiration and renewal.

21.04.070 Revocation of permit.

21.04.080 Performance bond and other security.

21.04.090 Resubmittal of application.

21.04.010 Purpose.

It is the purpose of this chapter to establish review and permit approval procedures for unusual or unique types of land uses, which, due to their nature, require special consideration of their impact on the neighborhood, and land uses in the vicinity. The uses in this chapter may be located in any district by special permission of the planning commission under such conditions as the commission may recommend and the city council shall approve. (Ord. 690-98)

21.04.020 Uses requiring a conditional use permit.

The following are the uses which require a conditional use permit:

A. The conditional uses listed in the specified use districts require a conditional use permit in order to locate and operate in an appropriate zone district within the city.

B. Existing nonconforming uses which wish to expand. (Ord. 690-98)

21.04.030 Application – Requirements and fees.

Application for conditional use permits shall be filed with the planning department on forms prescribed by that office. A filing fee of $850.00 shall accompany all applications. The planning commission will review applications for conditional use permits and the recommendations will be passed to the city council for final action. The planning commission may recommend to the city council denial, approval, or approval with conditions. Conditional use applicants must adhere to all applicable public notification requirements. Denial of conditional use permit applications is not appealable. All conditional use permits are subject to design review procedures. (Ord. 690-98)

21.04.050 Criteria.

The following criteria shall apply in granting a conditional use permit:

A. The proposed conditional use will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the proposed conditional use or in the district in which the subject property is situated;

B. The proposed conditional use shall meet or exceed the performance standards that are required in the district it will occupy;

C. The proposed conditional use shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design as approved by the design review committee;

D. The proposed conditional use shall be consistent with the goals and policies of the comprehensive land use policy plan;

E. All measures have been taken to minimize the possible adverse impacts, which the proposed use may have on the area in which it is located. (Ord. 690-98)

21.04.052 Additional criteria for single-family detached dwelling (clustered).

The following additional criteria apply to allow single-family detached dwelling(s) (clustered):

A. The density on the property may not be greater than but should match the density for single-family detached dwellings;

B. Where urban density goals are to be achieved, but critical areas can be adequately protected, dimensional requirements for lot size, lot width, front and rear yard setbacks may be decreased by no more than 20 percent;

C. As a result of the design of the subdivision, a minimum of 20 percent of the net land area of continuous, publicly accessible open space such as stream or wetland and associated buffers, a ravine, bluff or other unique topographic feature, or conservation area is preserved;

D. As a result of the dwellings and any subdivision, the availability of housing to all economic segments of the population is increased, and housing density variety is preserved throughout the community. (Ord. 780-02 § 16)

21.04.054 Additional criteria for duplexes or two-family dwellings.

The following additional criteria apply to allow duplexes or two-family dwellings:

A. Only one other duplex or multifamily use may exist within 300 feet of the proposed use and there must be at least a 100-foot separation (building to building) between the uses.

B. The proposed dwelling has been designed to be harmonious with the neighborhood and is constructed to provide the appearance of a single-family unit by, for example, altering the location of the front doors and windows; garages and access to garages; parking; landscaping and fencing; utilities and mailbox locations; building heights consistent with surrounding properties; exterior colors and materials; and differing setbacks, all of which are confirmed by a site plan. (Ord. 780-02 § 17)

21.04.060 Expiration and renewal.

A conditional use permit shall automatically expire one year after a notice of decision approving the permit is issued unless a building permit conforming to plans for which the CUP was granted is obtained within that period of time. A conditional use permit shall automatically expire unless substantial construction of the proposed development is completed within two years from the date a notice of decision approving the permit is issued. The planning commission or city council, on appeal, may authorize longer periods for a conditional use permit if appropriate for the project. The planning commission or city council, on appeal, may grant a single renewal of the conditional use permit if the party seeking the renewal can demonstrate extraordinary circumstances or conditions not known or foreseeable at the time the original application for a conditional use permit was granted, which would not warrant such a renewal. No public hearing is required for a renewal of a conditional use permit. (Ord. 690-98)

21.04.070 Revocation of permit.

A. The planning commission may revoke or modify a conditional use permit. Such revocation or modification shall be made on any one or more of the following grounds:

1. That the approval was obtained by deception, fraud, or other intentional and misleading representations;

2. That the use for which such approval was granted has been abandoned;

3. That the use for which such approval was granted has at any time ceased for a period of one year or more;

4. That the permit granted is being exercised contrary to be the terms or conditions of such approval or in violation of any statute, resolution, code, law or regulation; or

5. That the use for which the approval was granted was so exercised as to be detrimental to the public health or safety.

B. Any aggrieved party may petition the planning commission in writing to initiate revocation or modification proceedings.

C. Before a conditional use permit may be revoked or modified, a public hearing shall be held. Procedures concerning notice, reporting and appeals shall be the same as required by this chapter for the initial consideration of a conditional use permit application. (Ord. 690-98)

21.04.080 Performance bond and other security.

A performance bond or other adequate and appropriate security may be required for any elements of the proposed project which the planning commission or city council, on appeal, determines are crucial to the protection of the public welfare. Such bond shall be in an amount equal to 125 percent of the cost of the installation or construction of the applicable improvements. (Ord. 690-98)

21.04.090 Resubmittal of application.

An application for a conditional use permit, which has been denied, may not be resubmitted within six months from the date of planning commission or council disapproval, whichever is later. (Ord. 690-98)

Chapter 21.06
BINDING SITE PLANS

Sections:

21.06.010 Purpose.

21.06.020 Applicability.

21.06.030 Application submittal.

21.06.040 Approval procedure.

21.06.050 Binding site plan components.

21.06.060 Recording requirements.

21.06.070 Development requirements.

21.06.080 Standards for review of a commercial or industrial binding site plan.

21.06.090 Standards for review of a manufactured home park or condominium development.

21.06.100 Amendment, modification and vacation.

21.06.010 Purpose.

The purpose of this chapter is to:

A. Specify the criteria used by the city of Sultan to review and approve binding site plans.

B. Provide an alternative method of land division for the sale or lease of commercial or industrial zoned properties, condominiums and manufactured home parks as provided for in RCW 58.17.035 that is more flexible than traditional subdivision procedures.

C. Provide for the site planning and regulation of nonresidential site development not requiring land division within the Sultan scenic business park. (Ord. 851-04 § 1; Ord. 719-00)

21.06.020 Applicability.

The binding site plan process may be used for:

A. The division of land for the purpose of sale or lease of lots for commercial or industrial purposes.

B. The division of land for the purpose of developing residential condominiums or manufactured home parks.

The binding site plan process is required for all proposed commercial and industrial development within the Sultan scenic business park, excluding additions or expansions of existing developments involving less than 12,000 square feet of new building area. (Ord. 882-05 § 1; Ord. 851-04 § 1; Ord. 719-00)

21.06.030 Application submittal.

Each application for binding site plan approval shall contain five copies of all complete application forms, plans and reports. A complete application must include:

A. Fees. The applicant shall pay the required fees as set forth in the city’s fee schedule or other applicable resolutions or ordinances when submitting a binding site plan.

B. Application form and declaration of ownership.

C. Title report (dated within the last 30 days).

D. Vicinity map of the area where the site is located.

E. Environmental checklist.

F. Landscape plan.

G. Parks and open space plan.

H. A preliminary site plan to a scale of 30 feet to one inch, stamped and signed by a registered engineer, architect or land surveyor illustrating the proposed development of the property and including, but not limited to, the following:

1. Name or title of the proposed binding site plan;

2. Date, scale and north arrow;

3. Boundary lines and dimensions including any platted lot lines within the property;

4. Total acreage;

5. Property legal description;

6. Existing zoning;

7. Location and dimensions of all existing and proposed:

a. Buildings, including height in stories and feet and including total square feet of ground area coverage;

b. Parking stalls, access aisles, and total area of lot coverage of all parking areas;

c. Off-street loading area(s);

d. Driveways and entrances;

e. Density of residential uses;

8. Proposed building setbacks in feet;

9. Location of any regulated sensitive areas such as wetlands, steep slopes, wildlife habitat or floodplain and required buffers;

10. Proposed transfer of floor area from critical areas;

11. Location and height of fences, walls (including retaining walls), and the type or kind of building materials or planting proposed to be used;

12. Location of any proposed monument signs;

13. Proposed surface stormwater drainage treatment;

14. Location of all rights-of-way and easements and uses indicated;

15. Location of existing and proposed utility service;

16. Existing and proposed grades shown in five-foot interval topographic contour lines;

17. Fire hydrant location(s);

I. Any other information as required by the city planner shall be furnished, including but not limited to traffic studies, wetland reports, elevations, profiles, and perspectives, to determine that the application is in compliance with the Sultan Municipal Code. (Ord. 851-04 § 1; Ord. 719-00)

21.06.040 Approval procedure.

A. Preapplication Meeting. A preapplication meeting with city staff is required before an application for a binding site plan is submitted to the city for consideration. The purpose of the preapplication meeting is to provide the applicant with a preliminary list of issues, code requirements and application requirements. Preapplication discussion will be prepared by staff.

B. Action by the Planning Department. If the binding site plan application is complete and the fee is paid, the planning department shall accept the application and conduct a city review.

C. Action by Other City Departments. The planning department will circulate copies of the proposed binding site plan to relevant city departments and affected agencies. The department or agency shall review the application and furnish the planning department with a report as to the effect the proposed binding site plan may have upon their area of responsibility and expertise. The reports submitted shall include recommendations as to the extent and type of improvements provided.

D. Notice requirements shall be in accordance with Chapter 16.124 SMC.

E. Administrative Review. If the binding site plan proposes development of a site area of two acres or less, four lots or less, a building area of 40 percent of the site area or less, and a single primary structure with minimal accessory structure(s), city staff shall issue a decision to approve, conditionally approve, or deny the preliminary binding site plan approval.

F. Hearing Examiner/City Council Review. If a binding site plan proposes development of a site area of more than two acres, more than four lots or a building area greater than 40 percent of the site area, or includes more than one primary structures, the hearing examiner shall hold a public hearing to consider the staff recommendation, applicant and public comments and thereafter issue a recommendation to the city council to approve, conditionally approve, or deny the preliminary binding site plan proposal.

G. Preliminary approval of the binding site plan by the city council under subsection (F) of this section or city planner under subsection (H) of this section shall constitute authorization for the applicant to take the necessary steps to meet the conditions imposed by the city before commencing the final binding site plan review process.

H. The final binding site plan approval shall be granted by the city council or city planner as provided for under administrative review, after the project conditions have been fulfilled. If material changes have occurred in the project, the city council may return it to the hearing examiner for review and recommendation. (Ord. 851-04 § 1; Ord. 719-00)

21.06.050 Binding site plan components.

A binding site plan includes the following:

A. A record of survey and drawing(s) which identify the location of all proposed and required site improvements including but not limited to: streets, roads, easements, buildings, utilities, open spaces, parks, parking, landscaping, signs, drainage facilities and other site improvements specified by the city of Sultan.

B. A “development agreement” incorporating the conditions of approval, limitation for the use of the land, and improvement guarantees to ensure compliance of all conditions of approval for the binding site plan. (Ord. 851-04 § 1)

21.06.060 Recording requirements.

When the proposed binding site plan receives final approval, by the city council or city planner, the applicant, within 30 days from the date of approval by the council, shall record the binding site plan and development agreement approved by the city council, if required, with the Snohomish County auditor. The applicant shall furnish the city with three copies and a digital copy of the recorded binding site plan and development agreement (if required) within five working days of recording, and the Snohomish County assessor shall be furnished one paper copy. (Ord. 851-04 § 1; Ord. 719-00)

21.06.070 Development requirements.

Said lots shall not be sold or transferred unless the binding site plan and a record of survey map, which is prepared in compliance with Chapter 58.09 RCW and which includes a legal description of each lot being created, is approved by the city planner and filed for record in the Snohomish County auditor’s office. The binding site plan and all of its requirements shall be legally enforceable on the purchaser or other person acquiring ownership of the lot, parcel, or tract.

All development must be in conformance with the recorded binding site plan. Any development, use or density which fails to substantially conform to the site plan as approved constitutes a violation of this chapter and is punishable as a gross misdemeanor. (Ord. 851-04 § 1; Ord. 719-00)

21.06.080 Standards for review of a commercial or industrial binding site plan.

A. The city shall review the proposed binding site plan to determine whether it meets the following criteria:

1. Whether the binding site plan and development of the parcel relates to all elements of the comprehensive plan.

2. Whether the proposed binding site plan meets all applicable performance standards and zoning regulations.

3. Whether the binding site plan takes into account the topography, drainage, vegetation, soils and any other relevant physical elements of the site.

4. Whether adequate public services are available.

5. Examination of the project through the SEPA process and a determination of whether the binding site plan complies with the SEPA requirements.

B. In addition to the requirements of the Sultan Municipal Code, the following standards shall apply to commercial binding site plans:

1. Division lines between lots in commercial BSP shall be considered lot lines under the Sultan Municipal Code.

2. Each such tract or lot created by such BSP shall have a designated front lot line and one rear lot line including those which have no street frontage.

3. All tracts, parcels and lots created by a BSP shall be burdened by an approved maintenance agreement for access to the various lots, tracts and parcels and for the cost of maintaining landscaping and other common areas.

4. When any lot, tract or parcel is created without 30 feet of street frontage, easements shall be given to the owner and city allowing access for police, fire, public and private utilities along the access roads to each tract, lot or parcel.

5. If the city so elects, the city shall be granted power to maintain the access easements and file liens on the property for collection of the costs incurred for maintenance. The power to maintain such access ways shall impose no duty on the city to maintain the access way.

6. The BSP shall contain a provision that the owner’s failure to keep the fire access lanes open and maintained may subject the property to being abated as a nuisance and the city may terminate occupancy of such properties until the access easement ways are adequately maintained.

7. Freestanding signage may be off of the tract, lot or parcel where the business is located as long as city sign requirements are met within the area encompassed by the BSP.

8. Parking requirements for each use must be located on the lot where the use is located or joint parking agreements must be recorded by the owners for the areas of the BSP. Prior to building permit approval, parking agreements will be approved by the city.

9. Landscaping requirements will be met for each phase of the BSP. Landscaping requirements may be met for area of one or more lots as long as a joint maintenance agreement is recorded or included in declaration of covenants. (Ord. 851-04 § 1; Ord. 719-00)

21.06.090 Standards for review of a manufactured home park or condominium development.

A. The city shall review the proposed binding site plan to determine whether it meets the following criteria:

1. Whether the binding site plan and development of the parcel relates to all elements of the comprehensive plan.

2. Whether the proposed binding site plan meets all applicable performance standards and zoning regulations.

3. Whether the binding site plan takes into account the topography, drainage, vegetation, soils and any other relevant physical elements of the site.

4. Whether adequate public services are available.

5. Examination of the project through the SEPA process and a determination of whether the binding site plan complies with the SEPA requirements.

B. Development standards for condominiums including residential units or structures shall meet either the standards set out in subsections (B)(1) or (2):

1. All lots and developments shall meet the minimum requirements of the SMC. Phase or lot lines shall be used as lot lines for setback purposes under the zoning code.

2. Condominiums may be developed in phases where ownership of the property is unitary but some structures are to be completed at different times or with different lenders financing separate structures or areas of the property. The following conditions shall apply to phased condominiums:

a. By a joint obligation to maintain any and all access ways. The city shall have no obligation to maintain such access ways.

b. The city shall require easements for access to the property to allow for emergency services and utility inspections as defined in the development agreement.

c. Reciprocal easements for parking shall be provided to all tenants and owners.

d. The developer must submit a binding site plan schedule for completion of all phases.

e. Phase lines must be treated as lot lines for setback purposes under the zoning code unless the property owner will place a covenant on the BSP that the setback areas for built phases, contained in all unbuilt phases, shall become common areas and owned by the owners of existing units in the built portions of the condominium upon the expiration of the completion schedule.

f. All public improvements shall be guaranteed by bond or other security satisfactory to the city engineer or designee.

g. All built phases in a condominium BSP shall have a joint and several obligations to maintain landscaping through covenants or easements or both to assure that the responsibility is shared among the various owners. (Ord. 851-04 § 1; Ord. 719-00)

21.06.100 Amendment, modification and vacation.

Amendment, modification and vacation of a binding site plan shall be accomplished by following the same procedure and satisfying the same laws, rules and conditions as required for a new binding site plan application, as set forth in this chapter. The vacated portion shall constitute one lot unless the property is subsequently divided by an approved subdivision or short division. (Ord. 851-04 § 1; Ord. 719-00)

Chapter 21.08
WIRELESS
COMMUNICATIONS FACILITIES

Sections:

21.08.010 Purpose.

21.08.020 Definitions.

21.08.030 Exemptions.

21.08.040 Development standards for micro-facilities.

21.08.050 Development standards for mini-facilities.

21.08.060 Development standards for macro- facilities.

21.08.070 Development standards for monopole I and monopole II.

21.08.080 Development standards for lattice towers.

21.08.090 Design criteria.

21.08.100 Submittal requirements.

21.08.110 Permits required.

21.08.120 Inspection requirements.

21.08.130 Landscaping/screening.

21.08.140 Non-use/abandonment/obsolescence.

21.08.150 Violation – Penalty.

21.08.010 Purpose.

In addition to furthering the general purposes of the comprehensive plan and SMC Title 16, the Unified Development Code (UDC), this section is included in the Sultan Municipal Code to provide for a wide range of locations and options for wireless communication providers while minimizing the unsightly characteristics associated with wireless communication facilities and to encourage creative approaches in locating wireless communication facilities which will blend in with the surroundings of such facilities. (Ord. 720-00)

21.08.020 Definitions.

For this chapter the following terms shall have the meaning ascribed to them below:

A. “Abandonment” means:

1. To cease operation for a period of 60 or more consecutive days;

2. To reduce the effective radiated power of an antenna by 75 percent for 60 or more consecutive days;

3. To relocate an antenna at a point less than 80 percent of the height of an antenna support structure; or

4. To reduce the number of transmissions from an antenna by 75 percent for 60 or more consecutive days.

B. “Antenna” means any exterior apparatus designed for telephonic, radio, data, internet, or television communications through the sending and/or receiving of electromagnetic waves, and includes equipment attached to a tower or building for the purpose of providing personal wireless services, including unlicensed wireless telecommunications services, wireless telecommunications services utilizing frequencies authorized by the Federal Communications Commission for cellular, enhanced specialized mobile radio, personal communications services, telecommunication services, and attendant base stations.

C. “Antenna height” means the vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure even if said highest point is an antenna. Measurement of tower height shall include antenna, base pad, and other appurtenances and shall be measured from the finished grade of the parcel. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.

D. “Antenna support structure” means any pole, telescoping mast, tower, tripod, or other structure which supports a device used in the transmitting, receiving or radio frequency signals.

E. “Applicant” means any provider or any person, partnership, or company who files an application for any permit necessary to install, maintain, or remove a personal wireless service facility within the city.

F. “Cell site (site)” means a tract or parcel of land that contains personal wireless service facilities including any antenna, support structure, accessory buildings, parking, and may include other uses associated with and ancillary to personal wireless services.

G. “Co-location” means the use of a personal wireless service facility or cell site by more than one personal wireless service provider.

H. “COW” means cell on wheels.

I. “Design” means the appearance of personal wireless service facilities, including such features as their materials, colors, and shape.

J. “EIA” means Electronics Industry Association.

K. “Equipment enclosure” means a structure, shelter, cabinet or vault used to house and protect the electronic equipment necessary for processing wireless communication signals. Associated equipment may include air conditioning, backup power supplies, and emergency generators.

L. “FAA” means the Federal Aviation Administration.

M. “FCC” means the Federal Communications Commission.

N. “Governing authority” means the city council of the city of Sultan.

O. “Macro-facilities” means larger than a micro-facility and are the largest wireless communication facilities allowed on monopoles I and II. Height can exceed 15 feet.

P. “Micro-facilities” means smaller than a macro-facility and can exceed a height of 10 feet.

Q. “Mini-facilities” means attached wireless communication facilities which consist of antennas equal to or less than 10 feet in height or a parabolic antenna up to one meter (39.37 inches) in diameter and with an area not more than 50 square feet in the aggregate as viewed from any one point.

R. “Modification” means the changing of any portion of a personal wireless service facility from its description in a previously approved permit. Examples include, but are not limited to, changes in design.

S. Monopole I and II.

1. “Monopole I” means a wireless communication facility which consists of a support structure, the height of which shall not exceed 60 feet.

2. “Monopole II” means a wireless communication facility which consists of a wireless communications support structure, greater than 60 feet (maximum of 150 feet per SMC 21.08.070) in height erected to support wireless communication antennas and connecting appurtenances.

T. “Mount” means the structure or surface upon which personal wireless service facilities are mounted. There are three types of mounts:

1. “Building-mounted” means a personal wireless service facility mount fixed to the roof or side of a building;

2. “Ground-mounted” means a personal wireless service facility mount fixed to the ground, such as a tower;

3. “Structure-mounted” means a personal wireless service facility fixed to a structure other than a building, such as light standards, utility poles, and bridges.

U. “Personal wireless service facilities (facilities)” means facilities for the transmission and reception of radio or microwave signals used for communication, cellular hone, personal communications services, enhanced specialized mobile radio, and any other wireless services licensed by the FCC and unlicensed wireless services.

V. “Provider” means every corporation, company, association, joint stock company, firm, partnership, limited liability company, other entity and individual which provides personal wireless service over personal wireless service facilities.

W. “Screening” means a personal wireless telecommunication facility such as a tower or mount placed amongst and adjacent to (within 20 feet) three or more trees at least 75 percent of the height of the facility.

X. “Secondary use” means a use subordinate to the principle use of the property, such as commercial, residential, utilities, etc.

Y. “Security barrier” means a wall, fence, or beret that has the purpose of seating a personal wireless service facility from unauthorized entry or trespass.

Z. “Tower” means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term encompasses personal wireless service facilities including radio and television-transmission towers, microwave towers, common- carrier towers; cellular telephone towers or personal communications services towers, alternative tower structures, and the like.

AA. “Unlicensed wireless services” means commercial mobile services that operate on public frequencies and do not need an FCC license. (Ord. 720-00)

21.08.030 Exemptions.

The following are exempt from the provisions of this chapter and shall be permitted in all zones:

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

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

C. Radar systems for military and civilian communication and navigation.

D. Wireless radio utilized for temporary emergency communications and navigation.

E. Licensed amateur (ham) radio stations.

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

G. 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.

H. Subject to compliance with all applicable standards of this chapter, a building permit application need not be filed for emergency repair or maintenance of a personal wireless service facility unless the repair activity exceeds 30 days.

I. A COW or other temporary personal wireless telecommunications facility shall be permitted for a maximum of 90 days or during an emergency declared by the city, or in some circumstances, a federal disaster. (Ord. 720-00)

21.08.040 Development standards for micro-facilities.

A. Micro-facilities are permitted in all zones.

B. A micro-facility shall be located on existing buildings, poles or other existing support structures. A micro-facility may locate on buildings and structures; provided, that the interior wall or ceiling immediately adjacent to the facility is not designated residential space.

C. Antennas equal to or less than four feet in height (except omni-directional antennas which can be up to six feet in height) are exempt from height limitation of the zone in which they are located. Structures which are nonconforming with respect to height may be used for the placement of omni-directional antennas providing they do not extend more than six feet above the existing structure. Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure.

D. The micro-facility shall be exempt from review by the design review committee if the antenna and related components are the same color as the existing building, pole or support structure on which it is proposed to be located.

E. The shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or other wise appropriately concealed, camouflaged or located underground.

F. In single-family residential zones, micro-facilities for a specific wireless provider shall be separated by a distance equal to or greater than 1,320 linear feet from other micro-facilities of the same wireless provider. (Ord. 720-00)

21.08.050 Development standards for mini-facilities.

A. Mini-facilities are permitted in the highway oriented development (HOD), urban center (UC), and economic development (ED) zones only.

B. The mini-facility may be located on buildings and structures; provided, that the immediate interior wall or ceiling adjacent to the facility is not a designated residential space.

C. The mini-facility shall be exempt from review by the design review committee if the antenna and related components are the same color as the existing building, pole or support structure on which it is proposed to be located.

D. The shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or otherwise appropriately concealed, camouflaged or located underground.

E. Mini-facilities shall comply with the height limitation specified for all zones except as follows: Omni-direction antennas may exceed the height limitation by 10 feet and in the case of nonconforming structures, the antennas may extend 10 feet above the existing structure. Panel antennas may exceed the height limitation if affixed to the side of an existing nonconforming building and blend in architecturally with the building. Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the non-conforming structure. (Ord. 720-00)

21.08.060 Development standards for macro- facilities.

A. Macro-facilities are permitted in highway oriented development (HOD), urban center (UC) and economic development (ED) zones only.

B. Macro-facilities may be located on buildings and structures; provided, that the immediate interior wall or ceiling adjacent to the facility is not a designated residential space.

C. The macro-facility shall be exempt from review by the design review committee if the antenna and related components are the same color as the existing building, pole or support structure on which it is proposed to be located.

D. The shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or otherwise appropriately concealed, camouflaged or located underground.

E. Macro-facilities shall comply with the height limitation specified for all zones, except as follows: omni-directional antennas may exceed the height limitation by 15 feet, or, in the case of non-conforming structures, the antennas may extend 15 feet above the existing structure. Panel antennas may exceed the height limitation if affixed to the side of an existing building and architecturally blends in with the building. Placement of an antenna on a non-conforming structure shall not be considered to be an expansion of the nonconforming structure. (Ord. 720-00)

21.08.070 Development standards for monopole I and monopole II.

A. Monopole I or II shall be permitted in the highway oriented development (HOD) and economic development (ED) zones only.

B. Monopole facilities adjacent to residential zones, shall be set back a distance equal to the height of the wireless communication support structure from the nearest residential lot line (e.g., monopole I – 60 feet from nearest residential lot line and monopole II – 150 feet from nearest residential lot line).

C. Maximum Height Restrictions.

1. Monopole I – 60 feet maximum structure (75 feet total for 60-foot structure plus 15-foot antenna)

2. Monopole II – 150 feet maximum structure (165 feet total for 150-foot structure plus 15- foot antenna)

D. Co-location on an existing support structure shall be permitted.

E. Macro-facilities are the largest wireless communication facilities allowed on monopole I and II.

F. The shelter or cabinet used to house radio electronics equipment and the associated cabling connecting the equipment shelter or cabinet to the monopole facility support structure shall be concealed, screened, camouflaged or placed underground and shall be subject to review by the design review committee using the procedures and review criteria specified in the SMC.

G. Monopole facilities shall be landscaped. Landscaping shall be approved by the design review committee and shall include, but not be limited to, low maintenance shrubs, trees for screening, and/or removal of excess foliage and vines.

H. Monopole facilities shall be separated from each other by a distance equal and greater than 1,320 feet. (Ord. 720-00)

21.08.080 Development standards for lattice towers.

A. Lattice towers are permitted in the economic development (ED) zone only.

B. Lattice towers are only permitted if the wireless communications structure is built to accommodate two or more wireless communications facilities at the time of erection.

C. Lattice towers adjacent to residential zones shall be set back a distance equal to the height of the wireless communication support structure from the nearest residential lot line (i.e., 150 feet from nearest residential lot line)

D. Maximum Height Restriction. One hundred fifty feet maximum lattice structure (from surrounding natural grade). May extend antenna a maximum of 15 feet for a maximum facility height of 165 feet.

E. Macro-facilities are the largest permitted wireless communication facilities allowed on a lattice tower.

F. Co-location on an existing support structure shall be permitted without applying for an additional permit; provided, that there is no substantial change to the existing support structure.

G. The shelter or cabinet used to house radio electronics equipment and the associated cabling connecting the equipment shelter or cabinet to the lattice tower support structure shall be concealed, screened, camouflaged or placed underground. Lattice towers shall be subject to review by the design review committee using the criteria specified in this chapter.

H. Lattice towers shall be landscaped. Landscaping shall be approved by the design review committee and shall include but not be limited to: low maintenance shrubs, trees for screening, and/or removal of excess foliage and vines.

I. Lattice towers shall be separated from each other by a distance equal to or greater than 1,320 feet. (Ord. 720-00)

21.08.090 Design criteria.

A. As provided above, new facilities shall be designed to accommodate co-location, unless the applicant demonstrates why such design is not feasible for economic, technical, or physical reasons and would cause undue hardship.

B. Facilities shall be architecturally compatible with the surrounding buildings and land uses in the zoning district and screened or otherwise integrated, through location and design, to blend in with the existing characteristics of the site.

1. Setbacks shall meet requirements of the applicable above SMC 21.08.070 or 21.08.080.

2. Right-of-Way Setback Exception. The setback requirement may be waived if the antenna and antenna support structure are located in the city right-of-way (ROW).

3. View Corridors. Due consideration will be given so that placement of towers, antennas, and personal wireless facilities do not obstruct or significantly diminish the view of the Cascade Mountains.

4. Color. Towers shall have a color generally matching the surroundings or background that minimizes their visibility, unless a different color is required by the FCC or FAA.

5. Lights, Signals, and Signs. No signals, lights, or signs shall be permitted on towers unless required by the FCC or the FAA. Should lighting be required, in cases where there are residents located within a distance which is 300 percent of the height of the tower, then dual mode lighting shall be requested from the FAA.

6. Equipment Structures. Ground level equipment, buildings, and the tower base shall be screened from public view. The standards for the equipment buildings are as follows:

a. The maximum floor area is 300 square feet and the maximum height is 12 feet. Except in unusual circumstances or for other public policy considerations the equipment building may be located no more than 250 feet from the tower or antenna. Depending upon the aesthetics and other issues, the city, in its sole discretion, may approve multiple equipment structures or one or more larger structures.

b. Ground level buildings shall be screened from view by landscape plantings, fencing, or other appropriate means, as specified herein or in other city ordinances.

c. Equipment buildings mounted on a roof shall have a finish similar to the exterior building walls. Equipment for roof-mounted antenna may also be located within the building on which the antenna is mounted.

d. In instances where equipment buildings are located in residential zones, equipment buildings shall comply with setback requirements and shall be designed so as to conform in appearance with nearby residential structures. Equipment buildings, antenna, and related equipment shall occupy no more than 25 percent of the total roof area of the building the facility is mounted on, which may vary in the city’s sole discretion if co-location and an adequate screening structure is used. The use must be approved on a site plan or final development plan, as applicable.

7. Federal Requirements. All towers must meet or exceed current standards and regulation of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If those standards and regulations are changed, then personal wireless service providers governed by this chapter shall bring their towers and antennas into compliance with the revised standards and regulations within three months of their effective date or the timelines provided by the revised standards and regulations, whichever time period is longer. The revised standards and regulations are not retroactively applicable to existing providers, unless otherwise provided or permitted by federal law. Failure to bring towers and antennas into compliance with the revised standards and regulations shall constitute grounds for the city to remove a provider’s facilities at the provider’s expense.

8. Building Codes – Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that is maintained in compliance with standards contained in applicable city building codes and the applicable standards for towers that are published by the Electronic Industries Association (EIA), as amended from time-to-time, If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring the tower into compliance with such standards. If the owner fails to bring its tower into compliance within 30 days, the city may remove the tower at the owner’s expense.

9. Structural Design. Towers shall be constructed to the EIA Standards, which may be amended from time to time, and to all applicable construction/building codes. Further, any improvements or additions to existing towers shall require submission of site plans stamped by a professional engineer which demonstrate compliance with the EIA Standards and all other good industry practices. The plans shall be submitted and reviewed at the time building permits are requested.

10. Fencing. A well-constructed wall or wooden fence not less than six feet in height from the finished grade shall be provided around each personal wireless service facility. Access to the tower shall be through a locked gate. The use of chain link, plastic, vinyl, or wire fencing is prohibited unless it is fully screened from public view by a minimum eight-foot-wide approved landscaping strip.

11. Tower and Antenna Height. The applicant shall demonstrate that the tower and antenna is the minimum height required to function satisfactorily. No tower or antenna that is taller than this minimum height shall be approved. A variance from the height limit may be granted if the applicant can show by clear and convincing evidence that the additional height is necessary to provide adequate service to the residents of the city and no other alternative is available. Variances may only be granted in cases of hardship pursuant to Chapter 16.120 SMC.

12. Antenna Support Structure Safety. The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice, or other debris or interference. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.

13. Required Parking. If the cell site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, arrangements for adequate off-street parking shall be made and documentation thereof provided to the city. Security fencing should be colored or should be of a design which blends into the character of the existing environment.

14. Tower separation. In no case shall towers be located closer than 1,320 feet from another tower whether it is owned or utilized by applicant or another provider.

15. Antenna Criteria. Antenna on or above a structure shall be subject to the following:

a. The antenna shall be architecturally compatible with the building and wall on which it is mounted, and shall be designed and located so as to minimize any adverse aesthetic impact.

b. The antenna shall be mounted on a wall of an existing building in a configuration as flush to the wall as technically possible and shall not project above the wall on which it is mounted unless it must be for technical reasons. In no event shall an antenna project more than 16 feet above the roof line including parapets.

c. The antenna shall be constructed, painted, or fully screened to match as closely as possible the color and texture of the building and wall on which it is mounted.

d. The antenna may be attached to an existing conforming mechanical equipment enclosure which projects above the roof of the building per SMC 21.08.040 and 21.08.060.

e. If an accessory equipment shelter is present, it must blend with the surrounding buildings in architectural character and color.

f. The structure must be architecturally and visually (color, size, bulk) compatible with surrounding existing buildings, structures, vegetation, and uses. Such facilities will be considered architecturally and visually compatible if they are camouflaged to disguise the facility.

g. Site location and development shall preserve the pre-existing character of the site as much as possible. Existing vegetation should be preserved or improved, and disturbance of the existing topography of the site should be minimized, unless such disturbance would result in less visual impact of the site on the surrounding area. The effectiveness of visual mitigation techniques must be evaluated by the city, in the city’s sole discretion.

h. For installation or buildings greater than 30 feet in height, see other applicable provisions of this chapter. In addition to the other requirements of this chapter, on buildings 30 feet or less in height, the antenna may be mounted on the roof if the following additional criteria are satisfied:

i. The city finds that it is not technically possible or aesthetically desirable to mount the antenna on a wall.

ii. No portion of the antenna or base station causes the height of the building to exceed the limitations set forth herein.

iii. The antenna or antennas and related base stations cover no more than an aggregate total of 25 percent of the roof area of a building, which may vary in the city’s sole discretion, if co-locating and an adequate screening structure are used.

iv. Roof mounted antenna and related base stations are completely screened from view by materials that are consistent and compatible with the design, color, and materials of the building.

v. No portion of the antenna may exceed 15 feet above the height of the existing building.

i. If a proposed antenna is located on a building or a lot subject to a site review, approval is required prior to the issuance of a building permit.

j. No antenna shall be permitted on property designated as an individual landmark or as a part of a historic district, unless such antenna has been approved in accordance with city ordinances.

k. No personal wireless service provider or lessee or agent thereof shall fail to cooperate in good faith to accommodate co-location with competitors. If a dispute arises about the feasibility of co-locating, the city administrator may require a third party technical study, at the expense of either or both parties, to resolve the dispute.

l. No personal wireless service provider or lessee shall fail to assure that its antenna complies at all times with the current applicable FCC standards. After installation, but prior to putting the antenna in service, each provider shall submit a certification by an independent professional engineer to that effect. In the event that an antenna is co-located with another antenna, the certification must provide assurances that FCC approved levels of electromagnetic radiation will not be exceeded by the co-location.

m. No antenna shall cause localized interference with the reception of any other communications signals including, but not limited to, public safety, television, and radio broadcast signals.

n. No person shall locate an antenna or tower for wireless communications services upon any lot or parcel except as provided in this chapter. (Ord. 720-00)

21.08.100 Submittal requirements.

Application for conditional use permit, administrative use permit, building permit, and other related requests may include any combination of site plans, surveys, maps, technical reports, or written narratives necessary to convey the following information in addition to the requirements of the Sultan Municipal Code and SMC Title 16, Unified Development Code, and other applicable ordinances:

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

B. A site elevation and landscaping plan indicating the specific placement of the facility on the site, the location of existing structures, trees, and other significant site features, the type and location of plant materials used to screen the facility, and the proposed colors) of the facility;

C. A signed statement indicating that:

1. The applicant and landowner agree that they will diligently negotiate in good faith to facilitate co-location of additional personal wireless service facilities by other providers on the applicant’s structure or within the same site location; and

2. The applicant and/or landlord agree to remove the facility within 60 days after abandonment;

D. Copies of any environmental documents required by any federal agency. These shall include the environmental assessment required by FCC Para. 1.1307, or, 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;

E. A site plan clearly indicating the location, type and height of the proposed tower and antenna, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from properly lines, elevation drawings of the proposed tower, and any other proposed structures;

F. A current map and aerial showing the location of the proposed tower, a map showing the locations and service areas of other personal wireless service facilities operated by the applicant and those proposed by the applicant that are close enough to impact service within the city.

G. Legal description of the parcel, if applicable;

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

I. A landscape plan showing specific landscape materials;

J. Method of fencing, finished color and, if applicable, the method of camouflage and illumination;

K. A letter signed by the applicant stating the tower will comply with all FAA regulations and EIA Standards and all other applicable federal, state, and local laws and regulations;

L. A statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users;

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

N. The telecommunications company must demonstrate that it is licensed by the FCC if required to be licensed under FCC regulations;

O. The applicant, if not the telecommunications service provider, shall submit proof of lease agreements with an FCC licensed telecommunications provider if such telecommunications provider is required to be licensed by the FCC;

P. 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 not be required if the antenna is to be mounted on an existing structure; and

Q. At the time of site selection, the applicant should demonstrate how the proposed site fits into its overall network within the city. (Ord. 720-00)

21.08.110 Permits required.

Where a tower or antenna support structure will be 60 feet or less in height, in addition to the other provisions of this chapter, an applicant will be required to obtain an administrative use permit. In the event that a proposed tower or antenna support structure will be located near a residential zone, or an unscreened tower in the urban center zone, or will be more than 60 feet in height, in addition to the other provisions of this chapter, an applicant will be required to obtain a conditional use permit, Chapter 21.04 SMC. With respect to the placement of antenna on a tower or antenna support structure, the requirements for a conditional use permit or administrative use permit will be applicable based on the height of the tower and antenna or mount and antenna unless this chapter provides other requirements to the contrary. (Ord. 720-00)

21.08.120 Inspection requirements.

Each year after a facility becomes operational, the facility operator shall conduct a safety inspection in accordance with the EIA and FCC standards and within 60 days of the inspection file a report with the city administrator/manager. Submission of a copy of FCC required, and duly filed, safety inspection report, or the facility operator’s maintenance reports for the prior 12 months in the event no FCC report is required for such year, shall satisfy the requirements of this section. (Ord. 720-00)

21.08.130 Landscaping/screening.

A. Landscaping. Landscaping, as described herein, shall be required to screen personal wireless service facilities as much as possible, to soften the appearance of the cell site. The city may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping. If the antenna is mounted flush on an existing building, and other equipment is housed inside an existing structure, landscaping shall not be required.

B. Screening. The visual impacts of a personal wireless service facility shall be mitigated through landscaping or other screening materials at the base of the tower and ancillary structures. The following landscaping and buffering shall be required around the perimeter of the tower and accessory structures, except that the city may waive the standards for those sides of the facility that are not in public view. Landscaping shall be installed on the outside of fences. Further, existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or as a supplement to landscaping requirements.

1. A row of evergreen trees a minimum of six feet tall at planting and a maximum of six feet apart shall be planted around the perimeter of the fence.

2. A continuous hedge at least 36 inches high at planting capable of growing to at least 48 inches in height within 18 months shall be planted in front of the tree line referenced above.

3. In the event that landscaping is not maintained at the required level, the city after giving 30 days advance written notice, may maintain or establish the landscaping and bill both the owner and lessee for such costs until such costs are paid in full. (Ord. 720-00)

21.08.140 Non-use/abandonment/obsolescence.

A. Abandonment. No less than 30 days prior to the date that a persona1 wireless service provider plans to abandon or discontinue operation of a facility, the provider must notify the city of Sultan by certified U.S. mail of the proposed date of abandonment or discontinuation of operation. In the event that a licensed carrier fails to give notice, the facility shall be considered abandoned upon the city’s discovery of discontinuation of operation. Upon such abandonment, the provider shall have 60 days or additional period of time determined in the reasonable discretion of the city within which to:

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

2. In the event that abandonment as defined in this chapter occurs due to relocation of an antenna at a tower point on the antenna support structure, reduction in the effective radiated power of the antenna or reduction in the number of transmissions from the antennas, the operator of the tower shall have six months from the date of effective abandonment to co-locate another service on the tower. If another service provider is not added to the tower, then the operator shall promptly dismantle and remove that portion of the tower which exceeds the minimum height required to function satisfactorily. Notwithstanding the foregoing, changes which are made to personal wireless facilities which do not diminish their essential role in providing a total system shall not constitute abandonment. However, in the event that there is a physical reduction in height of substantially all of the provider’s towers in the city or surrounding area then all of the towers within the city shall similarly be reduced in height.

3. 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 city (in writing), the city may remove such tower, antenna, foundation, and related facility at the provider’s expense. If there are two or more providers co-locating on a facility, except as provided for in the paragraph above, this provision shall not become effective until all providers cease using the facility. At the earlier of 60 days from the date of abandonment without reactivating or upon completion of dismantling and removal, city approval for the facility shall automatically expire. (Ord. 720-00)

21.08.150 Violation – Penalty.

A. Any person violating any of the provisions of this chapter upon conviction shall be punishable by a fine not to exceed $1,000 or by imprisonment for a period of up to 90 days, or by both such fine and imprisonment, for each day during which an offense occurs.

B. In addition to receiving any monetary remuneration, the city shall have the right to seek injunctive relief for any and all violations of this chapter and all other remedies provided at law or in equity. (Ord. 720-00)

Chapter 21.10
REZONES*

Sections:

21.10.010 Scope.

21.10.020 Who may apply.

21.10.030 Review requirements.

21.10.040 Conditional rezones.

21.10.050 Signatures on petition for change of zone classification.

21.10.060 Notice.

21.10.070 Submittal requirements.

21.10.080 Zoning map change.

21.10.090 Fees.

21.10.100 Periodic updating of zoning map.

21.10.110 Hearing and notice for zoning map updates.

*Code reviser’s note: Ordinance 717-00 adds these provisions as Chapter 18.72. The chapter has been editorially renumbered.

21.10.010 Scope.

The requirements of this chapter apply to proposed rezones, which are changes in the zone districts by amendment to the official zoning map that apply to parcels of property within the corporate city limits of Sultan. (Ord. 717-00)

21.10.020 Who may apply.

The property owner or the city may apply for a zone reclassification of property. (Ord. 717-00)

21.10.030 Review requirements.

The planning commission shall provide a recommendation to council and council shall approve, deny, or modify the proposed rezone. At least the following factors shall be considered in reviewing a proposed rezone:

A. Comprehensive Plan. Whether the proposal is consistent with the comprehensive plan;

B. Zoning Ordinance. Whether the proposal is consistent with the purposes of the zoning ordinance, and whether the proposal is consistent with the purposes of the proposed zone district;

C. Surrounding Area. The relationship of the proposed zoning change to the existing land uses and zoning of surrounding or nearby property;

D. Changes. Whether there has been sufficient change in the character of the immediate or surrounding area or in city policy to justify the rezone;

E. Suitability. Whether the property is economically and physically suitable for the uses allowed under the existing zoning, and under the proposed zoning. One factor could be the length of time the property has remained undeveloped compared to the surrounding area and parcels elsewhere with the same zoning;

F. Value. The relative gain to the public health, safety, and welfare compared to the potential increase or decrease in value to the property owners. (Ord. 717-00)

21.10.040 Conditional rezones.

An applicant may propose conditions to be imposed by contract on a rezone. If the applicant wishes to take this approach, the proposed conditions shall be reviewed at all public hearings on the rezone. (Ord. 717-00)

21.10.050 Signatures on petition for change of zone classification.

A property owner desiring a change in the zone classification or in the boundaries of the zone shall submit a petition carrying the signatures of not less than 51 percent of the owners of property within 300 feet of the property under consideration, provided that:

A. Either spouse may sign as owner, and any partner of a partnership or any officer or agent of a corporation may sign as owner; provided, that if two or more persons sign for one ownership it shall count as one ownership;

B. Each ownership shall be counted only once, regardless of its size or value;

C. An ownership shall be counted only once, regardless of the number of parcels under identical ownership within the 300-foot limit and regardless of whether or not all such identical ownerships are contiguous or noncontiguous;

D. Any parcel, any part of which is within the 300-foot limit, shall be counted;

E. The signature shall indicate knowledge of, and not endorsement of, the proposed change. Upon refusal by an owner to sign, the applicant may submit an affidavit to the effect that the party was contacted but refused to sign. (Ord. 717-00)

21.10.060 Notice.

Notice of rezone hearings (and text changes) before the planning commission shall be the same as set forth for proposed amendments to the comprehensive plan (Chapter 16.124 SMC) for newspaper publication, posting of property, and notification to adjacent property owners within a 300-foot radius of the area proposed for rezone. (Ord. 717-00)

21.10.070 Submittal requirements.

Application for a zone reclassification of property(ies) shall be made on forms prescribed by the city, and shall be accompanied by the following information; provided, that the planning director may waive any of these items, upon written request by the applicant and a finding that the item is not necessary to analyze the application:

A. A site plan of the property, drawn to scale, showing existing natural features, existing and proposed grades, existing and proposed utility improvement, existing and proposed rights-of-way and improvements, and existing and proposed structures and other improvements, and particularly identifying the location of parking for the proposed use; this site plan shall also show structures, other improvements and natural features that are located within 50 feet of the project site; this information may be shown on several sheets if needed for readability;

B. A vicinity map, showing the location of the site in relation to nearby streets and properties;

C. A summary table of project statistics, including site area, building coverage, coverage by impervious surface, required and proposed parking, and similar data, as required to evaluate conformance of the proposed project with city regulations;

D. A written statement addressing the decision criteria;

E. A legal description of the property, including parcel number;

F. A statement to effect that the applicant(s) are the sole owners of the property;

G. Photographs of the site;

H. A complete SEPA checklist (for environmental review), unless the project is categorically exempt from SEPA review;

I. A list of other permits that are or may be required for development of the property (issued by the city or by other governmental agencies), insofar as they are known to the applicant;

J. A list of other city permits that are to be processed concurrently with this permit (i.e., subdivision of land, boundary line adjustment, major development permit, etc.);

K. Payment of rezone application fee as set in the document titled “Fee Schedule for the City of Sultan” and adopted yearly by city ordinance. (Ord. 717-00)

21.10.080 Zoning map change.

Following approval of a reclassification of property, the city shall amend the zoning map of the city to reflect the change in land use zone. (Ord. 717-00)

21.10.090 Fees.

As set in the document titled “Fee Schedule for the City of Sultan” and adopted yearly by city ordinance, applicant shall pay required rezone application fee upon submittal of the rezone application. There shall be an additional fee of $100.00 for an appeal to the council’s decision, to be paid at the time of appeal application filing. See SMC 16.120.100 for appeal process. (Ord. 717-00)

21.10.100 Periodic updating of zoning map.

From time to time, but at least every five years, the city council shall update the zoning map of the city and make that map the final authority regarding land uses in the city. (Ord. 717-00)

21.10.110 Hearing and notice for zoning map updates.

In order to effect the purposes of SMC 21.10.090, the city council shall from time to time hold a public hearing to receive any comments or objections to the zoning map as then existing. At least 10 days but no more than 20 days prior to the hearing, notice of the hearing and its purpose shall be given by publication in the official newspaper of the city. The notice shall specify that any objections to the zoning map as then constituted, which are based on discrepancies between the map and any zoning ordinance passed by the council, or with the comprehensive plan, must be made at such hearing or the zones as shown on the current zoning map will become the zones for the city notwithstanding any prior action of the council or any other provisions of the Sultan Municipal Code. (Ord. 717-00)