Chapter 20.13
WIRELESS COMMUNICATIONS FACILITIES
Sections:
20.13.010 Purpose.
20.13.020 Definitions.
20.13.030 Applicability – Exemptions.
20.13.040 Nonconforming uses and structures.
20.13.050 Siting priorities and prohibited locations.
20.13.060 Design and development standards.
20.13.070 Additional standards for residential related districts.
20.13.080 Additional standards for nonresidential related districts.
20.13.090 Temporary uses.
20.13.100 Wireless communication facility permit.
20.13.110 Special exceptions.
20.13.120 Application requirements and conditions of issuance.
20.13.130 General criteria for issuance of permits.
20.13.140 Federal requirements.
20.13.150 Removal of antennas and support structures.
20.13.160 Third party review.
20.13.170 Appeals.
20.13.010 Purpose.
The purpose of this chapter is to set forth the regulations for the placement, development, permitting, and removal of personal wireless communications facilities including support structures and antennas. These standards were developed to comply with the Federal Telecommunications Act of 1996. They are intended to protect property values and minimize visual impact while furthering the development of enhanced telecommunication services in the county.
The provisions of this chapter are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting personal wireless services. This chapter shall not be applied in such a manner as to discriminate between providers of functionally equivalent personal wireless services.
In reviewing an application to provide personal wireless service or to install personal wireless service facilities, the county shall act within a reasonable period of time, taking into account the nature and scope of the application and the required notice and necessary review process. Any decision to deny an application shall be in writing, supported by substantial evidence contained in a written record. (Ord. 2000-006 § 1, 2000).
20.13.020 Definitions.
As used in this chapter, the following terms shall have the following meanings. Other words and terms shall have meanings assigned to them by Chapter 20.97 WCC or if not defined in this chapter or Chapter 20.97 WCC, the meaning customarily assigned to them.
(1) “Administrator” means the director of planning and development services or his designee.
(2) “Amateur radio” or “ham radio” means radio facilities operated for noncommercial purposes by individuals licensed by the FCC with an interest in construction and operation of radio equipment, usually as a hobby or vocation.
(3) “Ancillary equipment facility (AEF)” means an unstaffed structure used to contain ancillary equipment for a WCF. Such structures include cabinets, shelters, remodeled structures, pedestals and other similar structures. Ancillary equipment may include air conditioners and emergency generators.
(4) “Antenna array” means any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio frequency signals. An antenna array can be made up of one or more antennas including but not limited to the following:
(a) Directional antenna (also known as a panel antenna) which transmits signals in a directional pattern of less than 360 degrees.
(b) Omni-directional antenna (also known as a whip antenna) which transmits signals in a 360-degree pattern.
(c) Parabolic antenna (also known as a dish antenna) which is a bowl shaped device that receives and transmits signals in a specific directional pattern (e.g., point-to-point).
(5) “Attached wireless communications facility” means an antenna array that is attached to an existing building or structure (attachment structure), which structure shall include but not be limited to utility poles, signs, and water towers, together with any accompanying pole or device (attachment device) which attaches the antenna array to the existing building or structure, transmission cables, and an ancillary equipment facility which may be located either inside or outside of the attachment structure.
(6) “Citizens band radio” means two-way radio facilities operated for short-range personal and business communications, without necessity of a federal license, pursuant to 47 Congressional Federal Register Part 95.
(7) “Clustering” means the placement of more than one wireless communication support structure on a single site either by one provider or by several different providers.
(8) “Collocation” means the use of a single wireless communications support structure by more than one wireless communications provider or the use of a site by more than one wireless communications provider.
(9) “Direct-to-home satellite service” means the distribution or broadcasting of programming or services by satellite directly to the subscriber’s premises without use of ground receiving or distribution equipment, except at the subscriber’s premises or in the uplink process to the satellite.
(10) “FAA” means the Federal Aviation Administration.
(11) “FCC” means the Federal Communications Commission.
(12) “Personal wireless communications services” means wireless communications services.
(13) “Satellite earth station” means the facilities used for reception and processing of programming services from a satellite prior to transfer to terrestrial distribution systems or for processing of programming and services from a terrestrial source before transmission via satellite.
(14) Site. For the purpose of this chapter, “site” means a building, structure, leased area in compliance with the provisions to Whatcom County subdivision regulations, site easement area or lot of record upon which a wireless communications facility is or will be located.
(15) “Unlicensed wireless services” means commercial mobile services that operate on public frequencies and do not need a FCC license.
(16) “Wireless communications facilities” (WCF) means the site, wireless communications support structures, antennas, accessory equipment structures, and appurtenances used to transmit, receive, distribute, provide or offer personal wireless communications services. Wireless communications facilities include, but are not limited to antennas, poles, towers, cables, wires, conduits, ducts, pedestals, vaults, buildings, and electronic switching equipment.
(17) “Wireless communications service” means the sending and receiving of radio or microwave signals used for communication, including, but not limited to cellular telephone, personal communications services (PCS), enhanced/specialized mobile radio (ESMR), commercial paging services, and any other technology which provides similar wireless services licensed by the FCC and unlicensed wireless services.
(18) “Wireless communications support structure” means a structure designed and constructed to specifically support an antenna array, and may include but is not limited to any of the structures listed below. Any device (attachment device) which is used to attach an attached WCF to an existing structure (attachment structure) is excluded from this definition.
(a) “Lattice tower’ means a wireless communications support structure which consists of a network of vertical and horizontal supports and crossed metal braces, forming a tower which is usually triangular or square in cross-section.
(b) “Monopole tower’ means a wireless communications support structure consisting of a single pole to support antennas and connecting appurtenances.
(c) “Guyed tower” means any variety of wireless communication support structures using wire guys connecting above grade portions of a communication support structure diagonally with the ground or the structure on which the tower is placed. The purpose of the wire guys is to provide support for wireless communications towers, antennas, and connecting appurtenances. (Ord. 2000-006 § 1, 2000).
20.13.030 Applicability – Exemptions.
The requirements of this chapter shall apply to all new personal wireless communications facilities and the expansion and/or alteration of any existing personal wireless communications facilities. The following are exempt from the provisions of this chapter:
(1) Satellite earth stations using antenna(s) not more than two meters in diameter in commercial and industrial districts and direct-to-home satellite services.
(2) Send and receive citizen band radio antennas or antennas operated by federally licensed amateur (“ham”) radio operators.
(3) Industrial, scientific and medical equipment using frequencies regulated by the FCC.
(4) Military and government radar antennas and associated communication towers used for navigational purposes as regulated by the FCC under 47 Congressional Federal Register Parts 97 and 95 respectively.
(5) Military and federal, state and local government communications facilities used for emergency preparedness and public safety purposes.
(6) Normal, routine and emergency maintenance and repair of existing wireless communications facilities and related equipment which do not increase the size, footprint or bulk of such facilities and which otherwise comply with the county, state, and federal law and regulations. (Ord. 2000-006 § 1, 2000).
20.13.040 Nonconforming uses and structures.
Wireless communications facilities in operation as of the effective date of the ordinance codified in this chapter or amendment hereto, including vested applications for such facilities, that do not conform to the use standards or development standards of this chapter are hereby declared nonconforming uses and shall be subject to the provision of Chapter 20.83 WCC governing nonconforming uses. Routine maintenance on existing towers and antennas is permitted as provided in WCC 20.13.030(6). However, new construction other than routine maintenance on existing towers, antennas, buildings or other facilities shall comply with the requirements of this chapter. (Ord. 2000-006 § 1, 2000).
20.13.050 Siting priorities and prohibited locations.
(1) In reviewing applications for new wireless communication facilities the approving authority shall evaluate the proposal in relationship to the following siting priorities and prohibited locations. Unless the facility will be located at the highest priority location, the applicant shall demonstrate that:
(a) None of the higher priority locations are available; or
(b) If one is available it is not a feasible location for the proposed facility; or
(c) If feasible, the location is less desirable than the one proposed from the standpoint of minimizing impacts on surrounding land uses.
(2) For the purpose of this section:
(a) Residential related districts shall include Urban Residential (UR), Urban Residential Medium (URM), Urban Residential Mixed (UR-MX), Eliza Island (EI), Neighborhood Commercial (NC), Rural Residential (RR), Rural Residential Island (RR-I), and Rural (R) Districts;
(b) Commercial districts shall include Rural General Commercial (RGC), General Commercial (GC), Resort Commercial (RC) and Tourist Commercial (TC) Districts only;
(c) Industrial districts shall include Heavy Impact Industrial (HII), Light Impact Industrial (LII), Gateway Industrial (GI), Rural Industrial and Manufacturing (RIM), General Manufacturing (GM), Airport Operations (AO) and the Cherry Point Industrial District (CP-ID); and
(d) Resource districts shall include Agriculture (AG), Commercial Forestry (CF), Rural Forestry (RF) and Recreation Open Space (ROS).
(3) Siting Priorities. Listed in descending order with the highest priority first:
(a) Collocated attached antennas on nonresidential buildings and structures including existing wireless communications towers in nonresidential related districts.
(b) Collocated attached antennas on nonresidential buildings and structures including existing wireless communications towers in residential related districts on property not used exclusively for residential purposes.
(c) Attached antennas on nonresidential buildings and structures in nonresidential related districts.
(d) New support structures at remote, low visual impact locations in resource and industrial districts.
(e) Attached antennas on nonresidential buildings and structures in residential related zones on property not used exclusively for residential purposes.
(f) New support structures at low visual impact locations in commercial districts.
(g) Locations other than those listed above.
(4) Prohibited Locations.
(a) New support structures are prohibited on lands within the jurisdiction of the Whatcom County Shoreline Program. (Ord. 2011-013 § 2 Exh. B, 2011; Ord. 2000-006 § 1, 2000).
20.13.060 Design and development standards.
.061 Design and Development Standards. The development standards set forth below shall apply to all wireless communications facilities. These developments standards are minimum standards and shall be in addition to any development standards or project review process which applies in the underlying district in which a wireless communication facility is located. In the event of a conflict between the provisions of this chapter and the general development standards of this title, or the project review process, the more stringent provision shall govern; provided, that where a provision of this chapter is the more specific in its application to wireless communication facilities that provision shall prevail regardless of stringency.
(1) Anti-Climbing Devices. All wireless communications support structures and required fencing shall be equipped with appropriate anti-climbing devices.
(2) Attachment to Trees Prohibited. It is prohibited to attach any wireless communication facility or portion thereof to any tree.
(3) Signage. All wireless communications support structures shall be identified with an nonilluminated sign not exceeding four square feet. The sign shall list the wireless service provider’s name and emergency telephone number and shall be posted in a place visible to the general public. No advertising signs shall be located on support structures or antennas, however arrays may be camouflaged as otherwise permitted signs.
(4) Lighting. Wireless communications facilities shall not be illuminated except where required by the FAA.
(5) Painting. Wireless communications facilities shall be painted or finished in a manner that blends with the dominant color of the background except where otherwise required by the FAA. The applicant and the operator of the facility shall have a continuing duty to maintain such paint or finish.
(6) Noise from Accessory Equipment. Facilities shall comply with state noise level standards under Chapter 173-60 WAC, as amended. Generators may only be permitted for emergency operation purposes. If air conditioning or other noise generating equipment is proposed, the applicant shall provide information detailing the expected noise level and any proposed abatement measures. This may require noise attenuation devices or other mitigation measures to minimize impacts.
(7) Copies of deeds or other instruments such as lease agreements and site easements that establish the applicant’s right to use the site shall be provided at the time of application. These may be in unsigned final draft form pending the outcome of the approval process. The boundaries of a proposed wireless communications facility site shall be defined in each such instrument in a manner that will provide a land surveyor sufficient information to accurately locate the site boundaries using standard survey methods.
(8) If the proposed site is leased, the terms of the lease shall not restrict the land owner in anyway from leasing other areas of his property to other wireless communications providers with the exception that the lease may include a provision that any additional facilities so located not materially interfere with the operation of the existing facility.
.062 General Design Standards.
(1) Attached antennas (excluding collocated antennas on existing WCF structures) shall be designed or placed to blend with the, predominant background or architectural features as seen from abutting residential uses, roadways or other public rights of way.
(2) When located on buildings, panel antennas shall be placed closely against walls or parapets and not extend above the wall or parapet unless an alternative design is required to a) achieve better compatibility with the building design or b) to obtain antenna function.
(3) Accessory equipment structures shall be placed underground or wholly enclosed in an existing structure or building, or designed to blend into the architecture and landscaping of the surrounding buildings or structures. When equipment boxes are placed at ground level, they shall be screened from view.
(4) Ground-mounted dishes shall be located outside any required landscaped area and preferably located in service areas or other less visible locations. They shall be solidly screened to at least as high as the center of the dish when viewed from off the site. Solid screening shall be provided as high as the top of the dish on sides adjacent to residential zones.
Roof-mounted dishes shall be solidly screened at least as high as the center of the dish. The screening shall be of a material and design compatible with the building, and can include penthouse screening, parapet walls, or other similar screening. The dish should be placed as close to the center of the roof as possible.
(5) Antennas on utility poles shall be limited to whip antennas no more than two feet in length unless the approving authority finds that the visual impact of a longer antenna would not have an appreciable affect on surrounding uses. No more than one whip antenna is permitted per pole. No utility pole shall be extended in height in order to accommodate an antenna. No antenna shall be allowed on light standards.
(6) Setbacks Applicable. The following setback standards shall apply to wireless communications facilities:
(a) Accessory equipment structures shall comply with the setback requirements for principle nonaccessory structures in the underlying district. An antenna and its attachment device attached to a building or other permanent structures shall comply with the setback requirements for principle nonaccessory structures in the underlying district. Where the setback requirement in the underlying zone is based on the height of the structure, the height used to compute the setback for the antenna array shall be the height of the structure plus the additional height that will be added by the antenna array and its attachment device.
(b) Nonattached wireless communications support structures located in a residential related district as set out in WCC 20.13.050 shall be set back from any property line by a distance equal to the height of the wireless communications support structure or the setback of the underlying use district, whichever is greater.
(c) Nonattached wireless communications support structures located in other than residential related districts shall be set back from any property line abutting or adjacent to a residential related district a distance equal to the height of the wireless communications support structure or the setback of the underlying use district, whichever is greater.
(d) Regardless of the district, nonattached wireless communications structures shall be setback from dwellings not on the same legal lot, a distance equal to the height of the wireless communications support structure or the setback of the underlying use district whichever is greater.
(e) Setbacks for nonattached wireless communications support structures shall be measured from the ground-level base of the structure.
(f) The setback requirements for wireless communication facilities under this chapter may be reduced by the approving authority subject to the satisfaction of the special exception criteria in WCC 20.13.110.
(7) In the event that a wireless communications facility is proposed on land zoned agriculture or in an agriculture overlay zone and the land is otherwise suitable for agricultural use, the facility shall be located and maintained so as not to interfere with current agricultural activities or the potential future use of the site for agricultural activities.
(8) Screening Standards. Wireless communications facilities shall be subject to the following standards for visual screening:
(a) The perimeter of the wireless communication support structure and any guyed wires and anchors shall be enclosed by a fence or wall at least six feet in height. A row of evergreen shrubs, spaced not more than five feet apart and capable of growing to form a continuous hedge at least five feet high within five years of planting, and at least one row of evergreen trees or shrubs spaced not more than 10 feet apart nor less than six feet high when planted shall be installed outside and adjacent to the fence.
(b) Landscape material used for screening should be selected and sited to produce a hardy and drought-resistant landscape area. Native plant materials are preferred.
(c) Maintenance of landscaped areas shall be the responsibility of the applicant and/or operator of the facility. Required landscaping must be maintained in a healthy manner. Trees and shrubs that die must be replaced with healthy in-kind materials such that during the life of the facility the landscaping continues to satisfy the requirements of the permit. Temporary irrigation shall be provided to help ensure survival during the plant establishment period. If the approving authority determined that existing vegetation provided adequate screening without the need for additional landscaping, than no action shall be taken by the applicant or his assigns or successors that would diminish its effectiveness in screening the site. In the event that natural vegetation is removed to the extent that the area required to be screened is made more visible, the operator of the facility shall prepare a revegetation plan and submit the plan to the administrator for review and approval. Upon approval the operator shall implement the plan.
(d) The administrator or the hearing examiner as appropriate may approve 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. Either, as appropriate, may waive the requirement for the installation of screening for those sides of the facility that are naturally screened so as not to be visible from public streets or adjoining properties.
(e) Existing vegetation shall be preserved to the maximum extent practicable.
(f) When landscaping is required to be installed a maintenance bond, assignment of funds or other financial guaranty acceptable to the county shall be provided in the amount of 50 percent of the value of the labor and materials. The guaranty shall be in effect for two years from the date of planting.
(9) General Height Standards. The following standards shall apply to wireless communications facilities:
(a) The height of a wireless communications facility shall be measured to include the support structure and any antennas proposed to be attached to the structure at the time of application; provided, that a lightning rod, not to exceed 10 feet or FAA required lighting shall not be included in the height measurement.
(b) For a nonattached wireless communications facility, the height limit shall be the minimum height necessary for the facility to function satisfactorily provided the height does not exceed height restriction imposed elsewhere in this chapter. The applicant shall provide technical documentation that the height proposed is the minimum necessary. As provided in WCC 20.13.160, the administrator or the hearing examiner may require a third party review of this information.
(c) The height of attached antennas may exceed the height limit of the underlying zone; provided, that the height does not exceed height restriction imposed elsewhere in this chapter.
(10) Parking. Each wireless communications support structure shall be provided with at least one adjacent parking space or more if needed to accommodate staff. All unstaffed wireless communications facilities shall have access to parking for maintenance personnel, however such parking may be shared or public parking at the discretion of the county. Staffed facilities shall require one parking space per staff under the standard provisions of the zone in which it is located.
(11) Performance Bond. The operator of the facility shall obtain and keep in force throughout the time the facility is located on the site a performance bond payable to Whatcom County in the amount of 150 percent of the estimated cost of removal as determined by the director, but not less than $1,000. The bond is intended to cover the costs of removal of such facility at such time as the facility may be required to be removed pursuant to WCC 20.13.150.
(12) Building and Utility Permits. Approval of a WCF permit does not exempt or otherwise remove any requirements for obtaining building permits and other applicable construction, development or operation related permits, licenses or approvals for the project. It shall be the permittee’s responsibility to secure all other necessary permits and approvals prior to beginning work on the installation of the facility. (Ord. 2000-006 § 1, 2000).
20.13.070 Additional standards for residential related districts.
The following requirements and restrictions shall apply to the location of wireless communications facilities in the county’s residential related districts. For the purposes of this section, residential related districts shall include Urban Residential (UR), Urban Residential Medium (URM), Urban Residential Mixed (UR-MX), Eliza Island (EI), Neighborhood Commercial, (NC) Rural Residential (RR), Rural Residential Island (RR-1), and Rural (R) Districts.
(1) Support Structures.
(a) When not otherwise prohibited, new wireless communications support structures in residential related zones shall require conditional use approval pursuant to WCC 20.84.200 and subject to the following; provided, that new support structures collocated or clustered on an existing approved and conforming site may be permitted through a wireless communications facility (WCF) permit. Collocation or clustering on a nonconforming site may be approved as an expansion of a nonconforming use by conditional use as provided in WCC 20.83.020:
(i) Lattice towers are prohibited in the following residential related zones: Urban Residential, Urban Residential Medium, Urban Residential Mixed, Neighborhood Commercial, and Eliza Island Districts.
(ii) Monopole wireless communication support structures and ground level dishes shall not be located on land parcels or lots in Urban Residential, Urban Residential Medium, Urban Residential Mixed, Neighborhood Commercial and Eliza Island Districts that also contain residential uses.
(b) A monopole WCF may exceed the height limits of the underlying residential related zone by 15 feet; provided, the applicant demonstrates the structure’s height is the minimum necessary to adequately function, or if collocation is specifically provided for on the tower. The additional 15 feet for collocation may be added to the 15 feet necessary for adequate function for a total of 30 feet in the event both situations pertain.
(2) Attached Antennas.
(a) Attached antennas are prohibited on single-family dwellings, duplexes and their accessory structures. Dish antennas shall not be mounted on roofs without a special exception under the provisions of WCC 20.13.110.
(b) The following antennas may be permitted through a wireless communications facility (WCF) permit:
(i) Collocation on an existing, approved and conforming, wireless communication support structure; provided, that no more than 15 feet is added to the height of the facility. Collocation on a nonconforming site may be approved as an expansion of a nonconforming use by conditional use as provided in WCC 20.83.020.
(ii) Attachment to a nonresidential structure on a land parcel or lot not used primarily for residential purposes; provided, the antenna does not extend more than 15 feet above the roof or top of the structure if not a building.
(iii) Ground-mounted dish antennas may be located on sites not used exclusively for residential purposes; provided, the antenna is not more than 15 feet in height above ground level nor more than 12 feet in diameter.
(c) Attached antennas on a structure located on a land parcel of lot used exclusively for residential purposes or attached to a residential building, other than those residential buildings prohibited in subsection (1)(a) of this section, may be approved as a conditional use provided the antenna shall not extend more than 15 feet above the roof or top of the structure if not a building and that the requirements of WCC 20.13.062(1) are met. The hearing examiner shall have the authority to restrict the height of the attached antenna to a figure less than 15 feet in order to attain compliance with WCC 20.13.062(1). (Ord. 2000-006 § 1, 2000).
20.13.080 Additional standards for nonresidential related districts.
The following requirements and restrictions shall apply to the location of wireless communications facilities in the county’s nonresidential districts. For the purposes of this section, nonresidential related districts shall include commercial districts, industrial districts and resource districts each as described in WCC 20.13.050.
(1) Support Structures.
(a) New support structures shall require a conditional use permit pursuant to WCC 20.84.200; provided, that new support structures collocated or clustered on an existing approved and conforming site may be permitted through a wireless communications facility (WCF) permit. Collocation or clustering on a nonconforming site may be approved as an expansion of a nonconforming use by conditional use as provided in WCC 20.83.020. The height of new support structures shall be subject to requirements of 20.13.062(9) (b); provided, that the height does not exceed 150 feet. Additional height may only be approved by special exception as provided for in WCC 20.13.110.
(2) Attached Antennas.
(a) Antennas shall not be attached to single-family residences, duplexes or their accessory structures.
(b) Where not otherwise prohibited by this chapter, attached wireless communications facilities on sites used exclusively for residential purposes and wireless communications facilities attached to residential structures shall require a conditional use permit.
(c) Other attached antennas, ground-mounted dishes and collocated antennas, on existing, approved and conforming sites, shall require a WCF permit; provided, that new support structures collocated on an existing approved and conforming site may be permitted through a wireless communications facility (WCF) permit. Collocation on a nonconforming site may be approved as an expansion of a nonconforming use by conditional use as provided in WCC 20.83.020.
(d) Antennas attached to structures shall not extend more than 15 feet above the roof or parapet. Collocated antennas shall not extend more than 15 feet above the attachment device. (Ord. 2000-006 § 1, 2000).
20.13.090 Temporary uses.
Wireless communication facilities may be permitted as a temporary use with review by the administrator in order to facilitate continuity in wireless communications service during repair or maintenance of existing wireless communications facilities or prior to completion of construction of new wireless communications facilities. Such temporary wireless communications facilities shall operate for not more than 60 days at any one location within a six-month period commencing when transmission from such facility begins. The wireless communications facilities shall be removed within 30 days after the facility is no longer needed for telecommunications purposes. (Ord. 2000-006 § 1, 2000).
20.13.100 Wireless communication facility permit.
A wireless communication facility (WCF) permit is an administrative approval permit, except where a conditional use permit is required in WCC 20.13.080 and 20.13.070, and shall be processed and approved pursuant to WCC 20.84.235; provided, that the notice requirements shall be as follows:
Applications that are categorically exempt from environmental review under SEPA (WAC 197-11-800) shall also be exempt from the public notice requirements of WCC 20.84.235 and Chapter 2.33 WCC.
Applications not exempt from environmental review under SEPA shall be provided notice of completeness, notice of application and notice of decision as provided by Chapter 2.33 WCC.
The administrator may refer an application for a WCF permit to the technical review committee for review and comment prior to making a decision on the proposal. (Ord. 2000-006 § 1, 2000).
20.13.110 Special exceptions.
When adherence to all development standards of this chapter would result in a physical barrier which would block signal reception or transmission or prevent effective communication in all permissible locations, a special exception may be permitted provided criteria outlined below are met. Exceptions do not apply to variations from the Uniform Building Code. A variance pursuant to Chapter 20.84 WCC is required for variations from applicable zoning regulations not described in this section.
The approval authority for granting of the special exception shall be the same as that of that of the authority authorized to approve the permit for the antenna location. A request for a special exception shall be processed in conjunction with the permit approving the antenna location.
Upon review of special exception requests, the approval authority shall consider first those standards having the least effect upon the resulting aesthetic compatibility of the antenna or tower with the surrounding environment. The approval authority shall review setback, size, screening requirements, and height limits.
(1) Special Exception Criteria.
(a) The applicant shall justify the request for a special exception by documenting and providing evidence that the full application of a particular standard or standards of this chapter would result in an obstruction or inability to send and receive a communication signal from the proposed location of the facility and further, that the obstruction or inability to send or receive a signal from that location is the result of factors beyond the property owner’s or applicant’s control. Pictures, scaled drawings, maps and/or manufacturer’s specifications, and other technical information as necessary, should be provided to substantiate the need for the special exception.
(b) The applicant for a special exception shall demonstrate that the proposed materials, shape, and color of the antenna will minimize negative visual impacts on adjacent or nearby residential uses to the greatest extent possible. The use of certain materials, shapes and colors may be required in order to minimize visual impacts.
(c) Attached antennas requesting a special exception for height shall be reviewed through the same process as a support structure in the zone in which the antenna is located.
(d) Requests for special exceptions for setback reductions shall also be judged based on the following criteria:
(i) The extent to which screening and camouflaging will be employed to mitigate the effects of the structure versus the value of the setback in providing such screening.
(ii) The need for the setback reduction to facilitate a location or design that better satisfies the criteria of this chapter.
(iii) The impact on adjacent properties.
(iv) Location in a street right-of-way. (Ord. 2000-006 § 1, 2000).
20.13.120 Application requirements and conditions of issuance.
Applicants shall submit the following information in addition to standard application materials:
(1) A scaled site plan clearly indicating the location of the proposed facility, all other structures and uses on the site, adjacent roadways, proposed means of access, parking, existing and proposed landscaping and setbacks from property lines. Elevation drawings of the proposed tower, the equipment structure, existing structure with proposed antenna, fencing, buffering/screening, type of architectural treatment, and any other feature necessary to show compliance with the applicable standards.
(2) Photo-simulations of the proposed facility from adjacent residential properties, public properties and public rights-of-way.
(3) Legal description and ownership of the parcel.
(4) A valid agreement for collocation on an existing WCF support structure or on an existing building or structure; or a location evaluation study as described in subsection (5) of this section.
(5) For new freestanding support structures, a location evaluation study shall be provided as follows:
(a) A study shall be provided showing that the structure is required for present and future network coverage, that the height requested is the minimum necessary to provide for the function and potential collocated antennas and why the antennas could not be collocated on an existing structure. In residential zones, the applicant shall provide adequate proof that the facility could not be located in a nonresidential zone.
(6) The applicant shall submit a letter of credit, performance bond or other security acceptable to the county, as described in WCC 20.13.060(11), to cover the future costs of removal of the antenna and/or tower.
(7) A report from a licensed professional engineer documenting that:
(a) The support structure is designed for collocation of other antennas (if applicable.)
(b) The antenna usage will not interfere with other adjacent or neighboring transmission or reception communications signals.
(c) The wireless communications facility complies with all applicable standards of the FCC for such facilities including EMF emission standards, if applicable.
(8) A projection of the wireless communication facilities which the applicant and/or prospective operator of the facility reasonably anticipates will be sited by his company within Whatcom County during the next five years.
(9) Proof of license by the FCC, if applicable.
(10) A copy of the findings from the FAA’s Aeronautical Study Determination regarding the proposed wireless communication support structure.
(11) A copy of the instrument that establishes the right of the applicant to use the site for the intended purpose as required in WCC 20.13.061(7).
(12) If the site is a leased site, a copy of lease agreement which specifies or shows that it does not preclude the site owner from entering into leases on the site with other providers. (Ord. 2000-006 § 1, 2000).
20.13.130 General criteria for issuance of permits.
(1) Any applicant for a land use permit (other than a building permit) proposing to install an antenna support structure or mount an antenna on an existing structure shall demonstrate by engineering evidence that:
(a) The antenna must be located at the site to satisfy its function in the applicant’s local grid system. The county may require the applicant to provide feasibility studies which demonstrate that locations on existing structures and/or in higher priority locations have been explored and are not feasible or available.
(b) The height requested is the minimum height necessary to fulfill the site’s function within the grid system.
(2) In addition to standard criteria, the authority granting the permit shall find that, unless the facility will be located at the highest priority location as set forth in WCC 20.13.050, the applicant has demonstrated that none of the higher priority locations are available or if one is available it is not a feasible location for the proposed facility; or if feasible is less desirable than the one proposed from the standpoint of minimizing impacts on surrounding land uses.
(3) The permit may include requirements which:
(a) Minimize visual impacts to the greatest extent possible by maximum feasible use of camouflage or screening, including but not limited to fencing, landscaping, strategic placement adjacent to existing buildings or live or simulated vegetation, undergrounding of accessory equipment structures, incorporation of wireless communications support structures, antennas and other appurtenances into the architectural features of existing buildings or structures and by requiring compatibility with key design elements in the surrounding area; for example, use of brick or other material similar to that used in adjacent buildings or structures, incorporation of support structures into compatible architectural features such as flag poles, bell towers or cornices, or use of simulated vegetation to camouflage support structures.
(b) Locate wireless communication facilities so as to minimize the visibility of the facility to residentially zoned land and so as to minimize the obstruction of scenic views from residentially zoned land.
(c) Require the mounting of the facility on existing buildings or structures, or use of other, alternatives with less visual, aesthetic or safety impacts, as an alternative to use of a monopole or lattice tower. (Ord. 2000-006 § 1, 2000).
20.13.140 Federal requirements.
All wireless communications support structures must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the federal government with the authority to regulate wireless communications support structures and antennas. If such standards and regulations are changed, owners of the wireless communication support structure, antennas and electronic equipment governed by this chapter shall bring such wireless communication support structure, antennas and electronic equipment into compliance with such revised standards and regulations within the compliance schedule of the federal agency. Failure to bring wireless communication support structures and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the wireless communication support structure, antenna or electronic equipment at the owner’s expense. (Ord. 2000-006 § 1, 2000).
20.13.150 Removal of antennas and support structures.
No less than 30 days prior to the date that a personal wireless service provider plans to abandon or discontinue operation of a facility, the provider must notify the Whatcom County planning and development services director by certified U.S. mail of the proposed date of abandonment or discontinuation of operation. The owner of the facility shall then remove the antenna within 90 days of discontinuation or abandonment unless an additional period of time is authorized by the county. In any case, if the county finds that any antenna or wireless communication support structure has not operated for a continuous period of six months, the owner or lessee of the property on which the wireless communication support structure or antenna is situated or the owner of the wireless communications antenna or support structure shall remove the facility within 90 days of receipt of notice to remove from the county. If the antenna and/or wireless communication support structure is not removed within said time period, the county may remove the antenna or wireless communication support structure at the owner’s expense. If there are two or more wireless communications providers on a single wireless communication support structure, this provision shall not become effective until all providers cease using the wireless communication support structure. (Ord. 2000-006 § 1, 2000).
20.13.160 Third party review.
Personal wireless service providers use various methodologies and analyses, including geographically-based computer software, to determine the specific technical parameters of their services and low power mobile radio service facilities, such as expected coverage area, antenna configuration, topographic constraints that affect signal paths, etc. Because of the technical nature of methodologies and analyses, the county may find it necessary to require a third party technical review of the material submitted by the applicant as part of a permitting process. The expert review is intended to address interference and public safety issues and be a site-specific review of technical aspects of the facilities or a review of the provider’s methodology and equipment used and not a subjective review of the site which was selected by a provider. Based on the results of the expert review, the county may require changes to the provider’s application. The expert review shall address the following:
(1) The accuracy and completeness of submissions;
(2) The applicability of analysis techniques and methodologies;
(3) The validity of conclusions reached; and
(4) Any specific technical issues designated by the county.
In general the administrator shall consider requiring a third party review of technical information submitted in support of a special exception, and technical information submitted in support of a wireless communications facility proposed at a low priority, high visual impact location.
The selection of the third party expert may be by mutual agreement between the provider and the county, or at the discretion of the county, with a provision for the provider and interested parties to comment on the proposed expert and review its qualifications. The cost of the technical review shall be borne by the applicant. (Ord. 2000-006 § 1, 2000).
20.13.170 Appeals.
The hearing examiner shall have the authority to decide, in conformity with this chapter, appeals from any order, requirement, permit decision or determination made by an administrative official in the administration or enforcement of this chapter where more than one interpretation is possible; provided, that such appeal shall be filed within 14 days of the action being appealed. The hearing examiner shall hear appeals under this chapter in the same manner as those appeals he has authority to hear under WCC 20.92.210(2). (Ord. 2000-006 § 1, 2000).