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Title 21
OTHER LAND USESChapters:
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 ADJUSTMENTSSections:
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 PERMITSSections:
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 PLANSSections:
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 FACILITIESSections:
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 com