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Bonney Lake, WA Ordinance No. 746

Not an official copy.

Bonney Lake, WA
Ordinance No. 746

AN ORDINANCE OF THE CITY OF BONNEY LAKE AMENDING TITLE 18 (ZONING CODE) OF THE BONNEY LAKE MUNICIPAL CODE RELATING TO WIRELESS COMMUNICATION FACILITIES.

WHEREAS, the City Council previously adopted Title 1 8-Zoning of the Bonney Lake Municipal Code which regulates land use within the City of Bonney Lake,

WHEREAS, the City Council adopted the City of Bonney Lake Comprehensive Plan on May 28 1996, which contains goals, objectives and policies regarding land use compatibility and environmental considerations;

WHEREAS, the City is experiencing increased interest m the use, location and installation of wireless communication facilities as a result of new technologies and changes in federal communication regulations;

WHEREAS, on April 8, 1997, the City Council adopted findings of fact and approved resolution No. 771 establishing a moratorium on wireless communication;

WHEREAS, the Planning Commission has reviewed and determined that the existing zoning code provisions are technologically dated, unclear or non-existent regarding wireless communication facilities, and do not adequately implement the goals, objectives and policies of the adopted comprehensive plan;

WHEREAS, the Planning Commission conducted a duly noticed public hearing on September 8, 1997 to consider the proposed wireless communications ordinance, and recommended that the City Council adopt the proposed text amendments to the City's Zoning Code with minor revisions;

WHEREAS, the City Council conducted a duly noticed public hearing during the regular meeting on October 14, 1997, and subsequently continued further consideration of the proposed text amendments; and

WHEREAS, the City Council reconsidered the proposed text amendments and during the regular meeting on December 9, 1997, after due consideration took the following action; NOW THEREFORE,

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BONNEY LAKE AS FOLLOWS:

SECTION 1

Revisions to the Bonney Lake Municipal Code (as follows in section 2 - 9) and adding a new title to the Bonney Lake Municipal Code. A new Title 18.50 is hereby added to the Bonney Lake Municipal Code.

REVISIONS TO CODE

SECTION 2

Bonney Lake Municipal Code Section 18.14.020 R-1, titled Permitted uses-A-1 Low Density Residential District is hereby amended to delete sections E.2 & E.3 and add a new subsection to read as follows:

E.2 Wireless communication facilities are permitted as principal or accessory uses provided the requirements of Section 18.50 are met.

SECTION 3

Bonney Lake Municipal Code Section 18.16 R-2 Medium Density Residential Districts titled uses Permitted outright zone is hereby amended to delete sections E.2 & E.3 and add a new subsection to read as follows:

E.2 Wireless communication facilities are permitted as principal or accessory uses provided the requirements of Section18.50 are met.

SECTION 4

Bonney Lake Municipal Code Section 18.18 R-3 High Density Residential District is hereby amended to delete sections E.2 & E.3 and add a new subsection to read as follows:

D.2 Wireless communication facilities are permitted as principal or accessory uses provided the requirement of Section 18.50 are met.

SECTION 5

Bonney Lake Municipal Code Section 18.20 RC-5 Residential/Conservation District is hereby amended to delete sections E.2 & E.3 and add a new subsection to read as follows

E.2 Wireless communication facilities are permitted as Principal or accessory uses provided the requirements of Section 18.50 are met.

SECTION 6

Bonney Lake Municipal Code Section 18.22 Residential Development Standards is hereby amended to add sections and add a new subsection to read as follows

18.22.120 Wireless communication facilities. Wireless communication facilities located in the R1. R2. R3. RC-5 and C-1 zones when allowed by this Chapter. shall be subject to the provisions of Section 18.50 of this Title. and all other applicable requirements.

A. Wireless communication facilities are permitted as principal or accessory uses as provided in Section 8.50.

SECTION 7

Bonney Lake Municipal Code Section 18.24 C-1 Neighborhood Commercial District is hereby amended to add a new subsection D.2 to read as follows

18.24.020 D.2 Wireless communication facilities are permitted as primary accessory uses provided the requirements of Section 18.50 are met.

SECTION 8

Bonney Lake Municipal Code Section 18.26 C-2 Commercial District is hereby amended to delete section D.2 and add a new subsection to read as follows:

18.26.020 D.2 Wireless communication facilities are permitted as principal or accessory uses provided the requirements of Section 18.50 are met.

SECTION 9

Bonney Lake Municipal Code Section 18.28 C-3 Warehousing, and Light Manufacturing District is hereby amended to delete section C.2. and add a new subsection to read as follows:

C.2 Wireless communication facilities are permitted as principal or accessory uses provided the requirements of Section 18.50 are met.

SECTION 10

Bonney Lake Municipal Code Section 18.30 M-1 Manufacturing is hereby amended to deleted section C.2 and addnew subsection to read as follows

C.2 Wireless communication facilities are permitted as principal or accessory uses provided the requirements of Section 18.50 are met.

SECTION 11

Bonney Lake Municipal Code Section 18.31 titled Commercial Development Standards is hereby amended to add a new subsection 18.31.040 (6) to read as follows:

6. Wireless communication facilities are permitted as principal or accessory uses provided the requirements of Section 18.50 are met.

SECTION 12

Bonney Lake Municipal Code PF for Public Facility District Chapter 18.34.080 and revise section F as follows and add new section H.

F. Maximum height for buildings shall be 35 feet above foundations. provided that one additional foot of height may be allowed per each additional foot of setback, to a maximum of 50 feet height. A height variance may be granted by the Hearing Examiner for water storage tanks. provided they are the lowest height possible to serve the intended use and are designed. screened or painted to reduce visibility.

H. Wireless communication facilities are permitted as principal or accessory uses provided the requirements of Section 18.50 are met.

ADDITIONS TO CODE

SECTION 13

18.31.040 Wireless Communication Facilities in C-2. C-3, M- 1 and Public Facilities zones. Wireless communication facilities are permitted as a primary. accessory or conditional use. subject to the provisions of Section 18.50 of this title. Nothing in this chapter intended to affect the installation maintenance or use of a parabolic antenna that is two meters or less in diameter and is located or proposed to be located in a zone titled C-2. C-3 M-1 and PF-Public Facilities Commercial Zone or other zone where commercial or industrial uses are generally permitted.

SECTION 14

18.34.080 Under PF Zone Wireless communication facilities are permitted as principal or accessory uses provided the requirements of Section 18.50 are met.

SECTION 15

18.50.010 Wireless communication facilities in RC-5, R-1, R-2, R3 & C-1 zones. Wireless communication facilities permitted as principal or accessory uses are subject to the provisions of this Chapter and the following requirements:

(1) Accessory antenna devices. parabolic antennas two (2) feet in diameter or less. omni-directional antennas less than six (6) feet in length. directional antennas five (5) feet or less in height with a combined surface area of not more than five hundred eighty (580) square 2' x 2 ' inches as viewed from any one point. and camouflaged antennas are permitted subject to the design criteria set forth in Section 18.50.012 and subject to meeting the following criteria:

(a) The antenna is attached to an existing structure: and.

(b) The antenna does not extend more than ten (10) feet above the top of the structure.

(2) Free-standing parabolic antennas greater than two (2) feet in diameter and associated support structure are subject to the design criteria set forth in Section 18.50.012 and subject to meeting the following criteria:

(a) The antenna and associated support structure are not located within any required landscaped setbacks. front or side

yard setback. or in the area located between the front setback line and the front of the building; and.

(b) The antenna and associated support structure does not extend more than ten (10) feet above the adjoining_ _grade.

(3) Attached or free-standing antennas and associated support structures which are not specifically permitted under subsections (1) or (2) or which exceed the associated criteria shall comply with the following requirements:

(a) The antenna and support structure shall be subject to the maximum building height for the corresponding zone in

which it is located Said height restriction shall not be subject to granting of a variance;

(b) The antenna and associated support structure shall not be located within any required landscaped setback. front or side Yard setback. or in the area located between the front setback line and the front of the building;

(c) The antenna and associated structure shall comply with required building setbacks and shall be setback from the required side yard setback an additional one (1) foot for each foot of height over ten (10) feet;

(d) The antenna and associate structure shall comply with the performance standards set forth in Section 20.59 040; and.

(e) No more than one (1) free-standing support structure shall be permitted per lat

{SEE WIRELESS COMMUNICATION FACILITIES LOCATED IN RC-5, R-1, R-2, R-3 & C-1 ZONES -FIGURE 1, APPENDIX, PAGE 28}

SECTION 16

Section 18.50.011 Wireless communication facility Regulations for C-2, C-3. Combined C-2/C-3, M-1, & Public Facilities zones. Wireless communication facilities permitted as Principal or accessory uses. or by Conditional Use Permit are subject to the provisions of this Chapter and the following requirements:

(1) Facilities as an accessory use in C-2. C-3. Combined C-2/C-3. M-1. & Public Facilities zones The following facilities are permitted as accessory uses in C-2. C-3, M-1. & Public Facilities zones subject to compliance with the performance standards set forth in Section and the following requirements:

(a) Attached accessory antenna devices, parabolic antennas two (2) feet or less in diameter, omnidirectional antennas

six (6) feet or less in length, directional antennas five (5) feet or less in height with a combined surface area of not

more than five hundred eighty (580) square inches as viewed from any one point, and stealth antennas, and not

extending more than fifteen (15) feet above the roof surface of the structure;

(b) Attached parabolic antennas greater than two (2) feet in diameter, omni-directional antennas greater than six (6) feet in length, and directional antennas greater than five (5) feet in height with a combined surface area of more than five hundred eighty (580) square inches as viewed from any one point, shall also comply with the following requirements

The antenna and associated support structure shall be set back two (2) foot from any exterior building wall for every

one (1) foot of height measured from the surface of the roof. except when incorporated as an architectural feature

of the building or screened from view from any public right-of-way or residential zone;

SECTION 17 - PERSONAL WIRELESS TELECOMMUNICATIONS FACILITIES

CHAPTER:

SECTION 18

18.50.001 PURPOSE.

A. These standards were developed to protect the public health, safety, and welfare, to protect property values and minimize visual impact while furthering the development of enhanced telecommunication services in the city. These standards were designed to comply with the Telecommunications Act of 1996. The provisions of this Title are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting personal wireless services. This Title shall not be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent personal wireless services.

B. To the extent that any provision of this Title is inconsistent or conflicts with any other city ordinance this Title shall control. Otherwise, this Title shall be construed consistently with the other provisions and regulations of the city.

C. In reviewing any application to provide personal wireless service or to install personal wireless service facilities, the City shall act within a reasonable period of time, taking into account the nature and scope of the application. Any decision to deny an application shall be in writing, supported by substantial evidence contained in a written record. The City shall approve, approve with conditions, or deny the application in accordance with this zoning ordinance and in accordance with the general purpose of the Adopted Bonney Lake Comprehensive Plan and other applicable ordinances.

SECTION 19

BONNEY LAKE MUNICIPAL CODE, SECTION 18.04, DEFINITIONS IS HEREBY AMENDED AS FOLLOWS:

18.04.015 "Abandonment" means: (1) to cease operation for a period of sixty (60) or more consecutive days; (2) to reduce the effective radiated power of an antenna by seventy-five percent for sixty (60) or more consecutive days; (3) to relocate an antenna at a point less than eighty (80) percent of the height of an antenna support structure; or (4) to reduce the number of transmissions from an antenna by seventy-five percent for sixty (60) or more consecutive days.

18.04.030.A "Antenna" means any existing poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio or electromagnetic frequency signals, including:

Directional Antenna (also known as "panel"antenna). An antenna which transmits and receives radio frequency signals in a specific directional pattern of less than 360 degrees.
Omni-directional Antenna (also known as a "whip" antenna). Antenna which transmits and receives radio frequency signals in a 360 degree radial pattern. Does not include antenna utilized specifically for Television reception.
Parabolic Antenna (also known as a dish antenna). An antenna which is bowl-shaped device for the reception and/or transmission of radio frequency communication signals in a specific directional pattern.
Antenna. An antenna installed inside a non-antenna structure, or camouflaged to appear as a non-antenna structure.

18.04.030.B "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.

18.04.030.C "Antenna Support Structure" means any pole, telescoping mast, tower, tripod, or other structure which supports a device used in the transmitting or receiving of radio frequency signals.

18.04.030.D "Applicant" means any provider or any person, partnership, or company who files an application for any permit necessary to install, maintain, relocate or remove a personal wireless service facility within the City.

18.04.044 "Camouflaged" means a personal wireless service facility that is disguised, hidden, or integrated with an existing structure that is not a monopole or tower, or a personal wireless service facility that is placed within an existing or proposed structure or, new structure~ tower~ or mount within trees so as to be significantly screened from view or camouflaged to appear or a non-antenna structure (i e tree, flagpole with flag, etc )

18.04.045 "Cell Site" or "Site" means a tract or parcel of land that contains personal wireless service facilities including any antenna, support structure, accessory buildings, and parking, and may include other uses associated with and ancillary to personal wireless services

18.04.046 "City Center and View Corridor Area" means an area defined by the boundaries of the City Center and the view corridor for Mt Rainier along SR 410 from approximately 500 feet NW of the intersection with Sumner/Buckley Hwy (Bonney Lake Main Street to the dip in SR 410 just West of Angeline Road undercrossing (the point where Mt Rainier disappears from view) {See attached graphic titled "City Center and View Corridor" - inAppendix, Page 29}

18.04.047 "Co-location" means the use of a personal wireless service facility or cell site by more than one personal wireless service provider

18.04.050 "Conditional Use. means a use permitted in one or more classifications as defined by this title but which use because of characteristics peculiar to it, or because of size, technological processes, or type of equipment, or because of the exact location with reference to surroundings, streets and existing improvements or demand upon public facilities, requires a special degree of control to make such uses consistent with and compatible to other existing or permissible uses in the same zone or zones, and to assure that such use shall not be harmful to the public interest

18.04.050.A "Conditional Use Permit" or "CUP" means the documented evidence of authority granted by the Hearing Examiner to locate a conditional use at a particular location

18.04.053 "COW" means "Cell on Wheels"

18.04.060.A "Design" means the appearance of personal wireless service facilities, including such AC features as their materials, colors, and shape

18.04.065 "EIA" means the Electronics Industry Association

18.04.070.A "Equipment Shelter or 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

18.04.075 "FAA" means the Federal Aviation Administration

18.04.081.A "FCC" means the Federal Communications Commission

18.04.090 "Governing Authority" means the City Council of the City of Bonney Lake

18.04.095 "Hearing Examiner" means the duly appointed Hearing Examiner of the City

18.04.164.A "Modification" means the changing of any portion of a facility such as personal wireless service facility from its description in a previously approved permit Examples include, but are not limited to, changes in design

18.04.167 "Mount" means the structure or surface upon which personal wireless service facilities are mounted. There are three types of mounts: (i) Building mounted. A personal wireless service facility mount fixed to the roof or side of a building. (ii) Ground mounted. A personal wireless service facility mount fixed to the ground, such as a tower. (iii) Structure mounted. A personal wireless service facility fixed to a structure other than a building, such as light standards, electrical transmission tours, utility poles, and bridges.

18.04.190.A "P.C.S." - means Personal Communication Services.

18.04.190.B "Personal Wireless Service," "Personal Wireless Service Facilities," and "Facilities" used in this Title, shall be defined in the same manner as in Title 47, United States Code, Section 332 (c)(7)(C), as they may be amended now or in the future and includes facilities for the transmission and reception of radio or microwave signals used for communication, cellular phone, personal communications services, enhanced specialized mobile radio, and any other wireless services licensed by the FCC and unlicensed wireless services

18.04.200 "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.

18.04.215 "Screening'' as pertaining to personal wireless telecommunication facility such as a tower or mount placed amongst and adjacent to (within 20 feet) three (3) or more trees at least 85% of the height of the facility.

18.04.218 "Secondary Use" means a use subordinate to the principle use of the property, such as commercial, residential, utilities, etc.

18.04.219 "Security Barrier" means a wall, fence, or beam that has the purpose of sealing a personal wireless service facility from unauthorized entry or trespass.

18.04.228 "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.

18.04.241.A "Unlicensed Wireless Services" means commercial mobile services that operate on public frequencies and do not need a FCC license.

18.04.255 "AC" means Wireless Communication Facilities

SECTION 20

18.50.003 EXEMPTIONS

The following are exempt from the provisions of this ordinance 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 in the event of a disaster.

E. Licensed, amateur (HAM) radio station antenna, subject to height regulations as per Table 1 in appendix.

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 ordinance are maintained

H. Subject to compliance with all other applicable standards of this ordinance, a building permit application need not be filed for emergency repair or maintenance of a personal wireless service facility until 14 calendar days after the completion of such emergency activity.

I. A COW or other temporary Personal Wireless Telecommunications Facility shall be permitted for a maximum of thirty (30) days or during the time of an emergency declared by the City;

SECTION 21

18.50.004 POLICY STATEMENT.

The City, with increasing frequency, has been confronted with requests to locate towers and antennas. The purpose of this Title is to establish general guidelines for the siting of towers and antennas. The goals of this Title are to: (i) enhance the ability of personal wireless service providers to provide such services throughout the City quickly, effectively, and efficiently; (ii) encourage personal wireless service providers to locate towers and antenna in non-residential areas; (iii) encourage personal wireless service providers to co-locate on new and existing tower sites; (iv) encourage personal wireless service providers to locate towers and antennas, to the extent possible, in areas where the adverse impact on city residents is minimal; and (v) encourage personal wireless service providers to configure towers and antennas in a way that minimizes any significant adverse visual impact. Accordingly, the City Council finds that the promulgation of this Title is warranted and necessary:

A. To manage the location of towers and antennas in the city;

B. To protect residential areas and land uses from potential adverse impacts of towers;

C. To minimize adverse visual impacts of towers through careful design, siting, landscape screening, and innovative camouflaging techniques;

D. To accommodate an increased need for towers to serve the wireless communication needs of city residents;

E. To promote and encourage co-location on existing and new towers as an option rather than construction of additional single-use towers, and to reduce the number of such structures needed in the future;

F. To consider the public health and safety of towers to the extent permitted by the Telecommunications Act of 1996; and

G. To avoid potential damage to adjacent properties through sound engineering practices and the proper siting of antenna support structures.

New Uses: All new antennas shall comply with this Title after the date of passage.

Existing Uses: All towers and antennas existing on the date of passage of this Title shall be allowed to continue as they presently exist, but will be considered legal non-conforming uses. Routine maintenance shall be permitted on existing towers and antennas. However, new construction other than routine maintenance on existing towers, antennas, buildings or other facilities shall comply with the requirements of this Title.

SECTION 22

18.50.005 RECOGNITION OF INDUSTRY SITE SELECTION CRITERIA.

In establishing a new site, the industry requires a location that is technically compatible with the established network. A general area is to be identified based upon engineering constraints and the desired area of service. Specific locations within that general area will be evaluated using the following criteria which are not listed in order of priority:

A. Topography as it relates to line of sight transmissions for optimum efficiency in telephone service.

B. Availability of road access.

C. Availability of electric power.

D. Availability of land based telephone lines or microwave link capability.

E. Leasable lands, and landlords who want facilities to be located on their properties consistent with zoning regulations.

F. Screening potential of existing vegetation, structures and topographic features.

G. Zoning that will allow low power mobile radio service facilities.

H. Compatibility with existing and future adjacent land uses.

I. The least number of sites to cover the desired area.

J. The greatest amount of coverage, consistent with physical requirements.

K. Opportunities to mitigate possible visual impacts.

L. Availability of suitable existing structures for antenna mounting.

SECTION 23

18.50.006 SITE SELECTION CRITERIA

A. Any applicant proposing to construct an antenna support structure, or mount an antenna on an existing structure, shall demonstrate by engineering evidence that the antenna must be located at the site to satisfy its function in the applicant's local grid system. Further, the applicant must demonstrate by engineering evidence that the height requested is the minimum height necessary to fulfill the site's function within the grid system.

B. Applications for necessary permits will only be processed when the applicant demonstrates either that it is an FCC-licensed telecommunications provider or that it has agreements with an FCC-licensed telecommunications provider for use or lease of the support structure.

C. Low power mobile radio service facilities shall be located and designed to minimize any significant adverse impact on residential property values. Facilities shall be placed in locations where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening.

D. In all zones, location and design of facilities shall consider the impact of the facility on the surrounding neighborhood and the visual impact within the zone district. In all zones, towers shall be significantly screened by placing them in or new trees to the extent that it does not result in significant signal degradation.

SECTION 24

18.50.007 PRIORITY OF LOCATIONS AND APPLICATION SUBMITTAL REQUIREMENTS.

A. PRIORITY OF LOCATIONS. The priorities for locating new personal wireless service facilities shall be as follows

Place antennas and towers on public property if practical.
Place antennas on appropriate rights of ways and existing structures, such as buildings, towers, water towers. smokestacks and electrical transmission towers.
Place antennas and towers in C-2, C-3, combined C-2/C-3, M-l & Public Facility zones outside Mt. Rainier view corridors and the City Center area.
Place antennas and towers on other non-residential property.

B. APPLICATION SUBMITTAL REQUIREMENTS

The information submitted by the applicant shall include (a) a map of the area to be served by the tower or antenna, (b) a map showing the proposed facility ordinance its relationship to other cell sites in the applicant's network, and (c) an evaluation of existing buildings and/or structures taller than thirty feet (30'), within one-quarter (l/4) mile of the proposed tower or antenna which from a location standpoint could provide part of a network to provide transmission of signals. (d) Computerized accurate photo simulations of proposed location of AC as visually seen from appropriate public locations and nearby residents shall be provided when requested.
A Conditional Use Permit (C.U.P.) is required for all personal wireless facilities over 35' in height located in a residential zone and for monopoles taller than 60' in height but less than 110' in height in PF, C-2, C-3 combined C-2/C-3 & M-1 zones, unless they are a camouflaged facilities. A C.U.P. shall be required for a camouflaged W.C. Facility when the structure is more than l 10 feet in height.

SECTION 25

18.50.008 SITING PRIORITY ON PUBLIC PROPERTY.

Where public property is sought to be utilized by an applicant, priority for the use of City-owned land for wireless antennas and towers will be given to the following entities in descending order:

City of Bonney Lake;
Public safety agencies, including law enforcement, fire and ambulance services, which are not part of the City of Bonney Lake and private entities with a public safety agreement with the City of Bonney Lake;
Other governmental agencies, for uses which are not related to public safety; and
Entities providing licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), data, Internet, paging, and similar services that are marketed to the general public.

A. Minimum Requirements:

The placement of personal wireless service facilities on City-owned property must comply with the following requirements:

The facilities will not interfere with the purpose for which the City-owned property is intended;
The facilities will have no significant adverse impact on surrounding private property;
The applicant is willing to obtain adequate liability insurance and commit to a lease agreement which includes equitable compensation for the use of public land and other necessary provisions and safeguards. The City shall establish fees after considering comparable rates in other cities, potential expenses, risks to the City, and other appropriate factors;
The applicant will submit a letter of credit, performance bond, or other security acceptable to the City to cover the costs of removing the facilities after abandonment.
The antennas or tower will not interfere with other users who have a higher priority as discussed in Section 18.50.008
The lease shall provide that, the applicant must agree that in the case of a declared emergency or documented threatto public health, safety or welfare and following reasonable notice, the City may require the applicant to remove the facilities at the applicant's expense:
The applicant must reimburse the City for any related costs which the City incurs because of the presence of the applicant's facilities;
The applicant must obtain all necessary land use approvals; and
The applicant must cooperate with the City's objective to encourage co-locations and thus limit the number of cell sites requested, or camouflage the site and/or facility.

B. Special Requirements for Parks:

The use of City-owned parks for personal wireless service facilities brings with it special concerns due to the unique nature of these sites. The placement of personal wireless service facilities in a park will be allowed only when the following additional requirements are met:

The Park Board reviewed and made a recommendation regarding proposed personal wireless service facilities to be located in the park and this recommendation must be forwarded to the City Council for consideration:
In no case shall personal wireless service facilities be allowed in designated critical areas (except aquifer recharge areas) unless they are co-located on existing facilities.
Before personal wireless service facilities may be located in public parks, consideration shall be given to visual impacts and disruption of normal public use:
Personal wireless service facilities may be located in public parks that are adjacent to an existing commercial or industrial zone;
Personal wireless service facilities may be located in park maintenance facilities.
Public Wireless Service Facilities shall not be permitted on property designated as landmark or as part of a historic district.

REQUIRED SUBMITTALS:

Application for Conditional Use Permit, Administrative Use Permit, Building Permit, and other related requests may include any combination of site plans, surveys, maps, technical reports, or written narratives necessary to convey the following information in addition to requirements of City of Bonney Lake Ordinance and any other applicable ordinance(s):
Photo simulations of the proposed facility from affected residential properties and public rights-of-way at varying distances:
A site elevation and landscaping plan indicating the specific placement of the facility on the site, the location of existing structures, trees, and other significant site features, the type and location of plant materials used to screen the facility, and the proposed color(s) of the facility;
A signed statement indicating that (a) the applicant and landowner agree they will diligently negotiate in good faith to facilitate co-location of additional personal wireless service facilities by other providers on the applicant's structure or within the same site location and (b) the applicant and/or landlord agree to remove the facility within sixty (60) days after abandonment;
Copies of any environmental documents required by any federal agency. These shall include the environmental assessment required by FCC Para. 1.1307, or, in the event that an FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment;
A site plan clearly indicating the location, type and height of the proposed tower and antenna, onsite land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower, and any other proposed structures;
A current map and aerial photograph showing the location of the proposed tower, a map showing the locations and service areas of other personal wireless service facilities operated by the applicant and those proposed by the applicant that are close enough to impact service within the City;
Legal description of the parcel, if applicable;
The approximate distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.
A landscape plan showing specific landscape materials;
Method of fencing, and finished color and, if applicable, the method of camouflage and illumination:
A letter signed by the applicant stating the tower will comply with all FAA regulations and EIA Standards and all other applicable federal. state and local laws and regulations;
A statement by the applicant as to whether construction of the tower will accommodate co-locations of additional antennas for future users;
Certification that the antenna usage will not interfere with other adjacent or neighboring transmission or reception functions;
The telecommunications company must demonstrate that it is licensed by the FCC if required to be licensed under FCC regulations;
The applicant, if not the telecommunications service provider, shall submit proof of lease agreements with an FCC licensed telecommunications provider if such telecommunications provider is required to be licensed by the FCC;
A full site plan shall be required for all sites, showing the tower, antenna, antenna support structure, building, fencing, buffering, access, and all other items required in this Title. The site plan shall not be required if the antenna is to be mounted on an existing structure; and
At the time of site selection, the applicant shall demonstrate how the proposed site fits into its overall network within the City.

SECTION 26

18.50.009 CO-LOCATION.

A. To minimize adverse visual impacts associated with the proliferation of towers, co-location of personal wireless service facilities on existing or new towers is encouraged - as follows:

Proposed facilities may, and are encouraged to, co-locate onto existing towers. Such co-location is permitted byoutright and new or additional Conditional Use Permit approval is not required, except that any other permit, license, lease, or franchise requirements must be satisfied, and the colocation must be accomplished in a manner consistent with the policy, site criteria, and landscape/screening provisions contained in this Title.
The Conditional Use Permit requirement for a facility may be waived in non-residential zones if the applicant locates the antenna on an existing structure or an existing tower. The applicant must submit detailed plans to the Planning Department & Community Development for an Administrative Use Permit to determine if the Conditional Use Permit process and public hearing can be waived. No building permit will be issued until approval is granted by an Administrative Use Permit or Conditional Use Permit.
The City may deny an application to construct new facilities if the applicant has not shown by substantial evidence that it has made a diligent effort to mount the facilities on an existing structure or tower.
To reduce the number of antenna support structures needed in the City in the future, new proposed support structures shall be designed to accommodate antennas for one or more users, unless the applicant demonstrates why such design is not feasible for economic, technical or physical reasons.
Unless co-location is not feasible: (a) an applicant's site plan shall reserve an area for other providers' equipment near the base of the applicant's tower. A first right-of-refusal (which is either executed or maintained while the providers personal wireless facilities and services are in use) to lease the area at the base of the tower or mount for other providers will meet the reservation requirement. And (b) the site plan for towers in excess of 100 feet above ground level must propose space for a minimum of two comparable providers, while the site plan for towers 100 feet or less must propose space for one or more comparable providers. To provide further incentive for co-location, an existing tower may be modified as a matter of right to accommodate co-location without new or additional CUPs, provided the additional antenna shall be of the same type as that on the existing tower unless additional height requires a Conditional Use Permit and the following conditions are met
While co-location and the requirements herein are encouraged, co-location shall not take precedence over the construction of shorter towers with appropriate screening.

SECTION 27

18.50.011 DESIGN CRITERIA.

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

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

Setback: A tower's setback shall be measured from the base of the tower to the property line of the parcel on which it is located. In residential districts and residential land use areas, where permitted, towers shall be set back from all property lines a distance equal to 100% of tower height as measured from ground level, except for unusual geographic limitations or other public policy considerations, as determined in the City's sole discretion. All othertowers shall comply with the minimum setback requirements of the area in which they are located in all other zoning districts, unless there are unusual geographical limitations or other public policy considerations as determined in the sole and absolute discretion of the City.
Such considerations shall include by way of illustration and not limitation, but are not limited to:
Right of Way Setback Exception: The setback requirement may be waived if the antenna and antenna support structure are located in the City right-of-way.
View Corridors: Due consideration shall be given so that placement of towers, antenna, and personal wireless service facilities do not obstruct or significantly diminish views of Mt. Rainier or the Olympic Mountains. {See attached figure - titled "City Center and View Corridor" - in Appendix, Page 29}
Color: Towers shall have a color generally matching the surroundings or background that minimizes their visibility, unless a different color is required by the FCC or FAA.
Lights. Signals and Signs: No signals, lights, or signs shall be permitted on towers unless required by the FCC or the FAA. Lighting utilized for emergency needs shall be limited for on-site projection. No off site direct lighting shall be allowed.
Equipment Structures: Ground level equipment, buildings, and the tower base shall be screened from public view. The standards for the equipment buildings are as follows:
Federal Requirements: All towers 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 towers and antennas. If those standards and regulations are changed, then personal wireless service providers governed by this Title shall bring their towers and antennas into compliance with the revised standards and regulations within three (3) months of their effective date or the timelines provided by the revised standards and regulations, whichever time period is longer. The revised standards and regulations are not retroactively applicable to existing providers. unless otherwise provided or permitted by Federal Law. Failure to bring towers and antennas into compliance with the revised standards and regulations shall constitute grounds for the City to remove a provider's facilities at the provider's expense.
Building Codes; Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable City building codes and the applicable standards for towers that are published by the Electronic Industries Association ("EIA"), as amended from time to time. If, upon inspection, the City concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring the tower into compliance with such standards. If the owner fails to bring its tower into compliance within thirty (30) days, the City may remove the tower at the owner's expense.
Structural Design: Towers shall be constructed to the EIA Standards, which may be amended from time to time, and to all applicable construction/building codes. Further, any improvements or additions to existing towers shall require submission of site plans stamped by a professional engineer which demonstrate compliance with the EIA Standards and all other good industry practices. The plans shall be submitted and reviewed at the time building permits are requested.
Fencing: A well-constructed wall, or wooden fence not less than six feet in height from the finished grade shall be provided around each personal wireless service facility. Access to the tower shall be through a locked gate. The use of chain link, plastic, vinyl, or wire fencing is prohibited unless it is fully screened from public view by a minimum eight-foot-wide landscaping strip. All landscaping shall meet the standards of the City of Bonney Lake Ordinance No.65 1.
Tower and Antenna Height: The applicant shall demonstrate that the tower and antenna is the minimum height required to function satisfactorily. No tower or antenna that is taller than this minimum height shall be approved. No tower or mount shall exceed 50 feet in R-3 multiple family residence and C-1 neighborhood combined zones and a maximum of 110 feet in the PF, C-2, C-3, C-2/C-3 combination and M-1 MFG zone unless they are approved as a camouflaged facility. See attached table 2 Wireless Communication Facilities Height Limits For Free Standing Antenna Facilities
Antenna support structure safety: The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice, or other debris or interference. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.
Required parking: If the cell site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, arrangements for adequate off-street parking shall be made and documentation thereof provided to the City. Security fencing should be colored or should be of a design which blends into the character of the existing environment.
Tower Separation: In no case shall towers be located closer than 1/2 mile from another tower whether it is owned or utilized by applicant or another provider, unless the City designates areas where multiple towers can belocated in closer proximity.
Antenna Criteria: Antenna on or above a structure shall be subject to the following:

SECTION 28

18.50.012 PERMITS REQUIRED.

Where a tower or antenna support structure will be 60 feet or less in height, in addition to the other provisions of this ordinance, an applicant will be required to obtain an Administrative Use Permit. In the event that a proposed tower or antenna support structure will be more than 60 feet in height, in addition to the other provisions of this ordinance, an applicant will be required to obtain a Conditional Use Permit unless a camouflaged AC is approved less than 110' in height. No CUP will be required of camouflaged structures less than 110" in height. Facilities taller than 110" shall be required to obtain a C.U.P. With respect to the placement of antenna on a tower or antenna support structure, the requirements for a Conditional Use Permit or Administrative Use Permit will be applicable based on the height of the tower and antenna or mount and antenna unless this ordinance provides other requirements to the contrary.

The following table specifies the permits required for the various types of personal wireless service facilities that meet the standards of this ordinance:

Type of Permit for Wireless Towers

Type of Facility	Building	C.U.P.	Right-of-Way Use	Administrative Use
Towers less than 60 feet in height	X SEC. 18.50.008	X* (if over 35' in Res. Zone) 18.50.007 (b)2	X (if applicable)	X 18.50.012
Structure mounted wireless facilities	X SEC. 18.50.008	X (Unless waived) 18.50.009 (a)2	X (if applicable)	X (unless waived) 18.50.012 (b)
Building mounted wireless facilities	X (if applicable) SEC. 18.50.008	X (Unless waived) 18.50.009 (a)2	X (if applicable)	X (unless waived) 18.50.012 (b)
Non-camouflaged towers more than 60 feet in height	X (if applicable) SEC. 18.50.008	X 18.50.012 18.50.007 (b)2	X (if applicable)
Camouflaged towers 60' to 100' in height	X SEC. 18.50.008		X (if applicable)	X
Camouflaged towers more than 110 feet in height	X SEC. 18.50.008	X 18.50.012 18.50.007(b) 2	X (if applicable)

* See BLMC 18.50.007 for requirements in residential zones.

{SEE HEIGHT LIMITS PER FREE STANDING ANTENNA FACILITIES

BY ZONE, FIGURE 2 - APPENDIX, PAGE 28}

To meet the standards of this Ordinance, a personal wireless service facility must also comply with the other requirements under this Ordinance and with the following:

For antenna attached to the roof or sides of a building at least thirty feet (30') in height, an existing tower, a water tank, or a similar structure;

A. The antenna must be either:

An omnidirectional or whip antenna no more than 7 inches in diameter and extending no more than sixteen 16 feet above the structure to which they are attached: or
A panel antenna no more than 2 feet wide and 6 feet long, extending above the structure to which they are attached by no more than 10 feet.

B. Camouflaged Antennas mounted as part of an existing structure do not require an Administrative Use Permit but may be permitted following a administrative review with this Ordinance and other City regulations.

C. Antenna, antenna arrays, and support structures not on publicly-owned property shall not extend more than sixteen 16 feet above the highest point of the structure on which they are mounted. The antenna, antenna array, and their support structure shall be mounted so as to blend with the structure to which the antenna is attached. The antenna and its support structure shall be designed to withstand a wind force of 100 miles per hour without the use of supporting guy wires. The antenna, antenna array, and their support structure shall be a color that blends with the structure on which they are mounted.

D. Setback from Street: Unless there are unusual geographic limitations or other public policy considerations, as determined in the City's sole discretion, no such antenna, antenna array, or its support structure shall be erected or maintained closer to any street than the minimum setback for the zone in which it is located unless otherwise waived or exempt.

Exemption: C-2 Commercial - shall be a 25" setback from R.O.W. for W.C.F. installation unless an existing structure is utilized.

E. Guy wires restricted: No guy or other support wires shall be used in connection with such antenna, antenna array, or its support structure except when used to anchor the antenna, antenna array, or support structure to an existing building to which such antenna, antenna array, or support structure is attached.

F. To the extent that antenna are attached to electric, telephone or similar existing streetlight poles and such antenna are no more than two feet (2') in height, administrative use and building permit review will be required, but such antenna shall not be subject to setbacks and screening requirements.

SECTION 29

18.50.013 INSPECTION REQUIREMENTS.

Each year after a facility becomes operational, the facility operator shall conduct a safety inspection in accordance with the EIA and FCC Standards and within 60 days of the inspection file a report with the City Administrator. Submission of a copy of FCC required, and duly filed, safety inspection report, or the facility operator's maintenancereports for the prior twelve months in the event no FCC report is required for such year, shall satisfy the requirements of this section.

SECTION 30

18.50.014 LANDSCAPING/SCREENING.

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

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

A row of evergreen trees a minimum of six feet tall at planting a maximum of six feet apart shall be planted around the perimeter of the fence; and
A continuous hedge at least 36 inches high at planting capable of growing to at least 48 inches in height within 18 months shall be planted in front of the tree line referenced above.
In the event that landscaping is not maintained at the required level, the City after giving thirty (30) days advance written notice may maintain or establish the landscaping and bill both the owner and lessee for such costs until such costs are paid in full.

SECTION 31

18.50.015 NON-USE/ABANDONMENT.

A. Abandonment: 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 City of Bonney Lake by certified U.S. mail of the proposed date of abandonment or discontinuation of operation. In the event that a licensed carrier fails to give notice, the facility shall be considered abandoned upon the City's discovery of discontinuation of operation. Upon such abandonment, the provider shall have 60 days or additional period of time determined in the reasonable discretion of the City within which to:

Reactivate the use of the facility or transfer the facility to another provider who makes actual use of the facility; or
In the event that abandonment as defined in this Ordinance occurs due to relocation of an antenna at a lower point on the antenna support structure, reduction in the effective radiated power of the antenna or reduction in the number of transmissions from the antennas, the operator of the tower shall have six months from the date of effective abandonment to co-locate another service on the tower. If another service provider is not added to the tower, then the operator shall promptly dismantle and remove that portion of the tower which exceeds the minimum height required to function satisfactorily. Not withstanding the forgoing, changes which are made to personal wireless facilities which do not diminish their essential role in providing a total system shall not constitute abandonment. However, in the event that there is a physical reduction in height of substantially all of the providers towers in the City or surrounding area then all of the towers within the City shall similarly be reduced in height.
Dismantle and removal facility. If the tower, antenna, foundation, and facility are not removed within the sixty (60) days time period or additional period of time allowed by the City, the City may remove such tower, antenna, foundation, and related facility at the provider's expense. If there are two or more providers co-locating on a facility, except as provided for in the paragraph above this provision shall not become effective until all providers cease using the facility
At the earlier of sixty (60) days from the date of abandonment without reactivating or upon completion of dismantling and removal, City approval for the facility shall automatically expire

SECTION 32

18.50.016 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. In certain instances, a third party expert may be needed to review the technical data submitted by a provider. The City may require a technical review as part of a permitting process. The costs of the technical review shall be borne by the provider.

The selection of the third party expert may be by mutual agreement between the provider and the City, or at the discretion of the City, with a provision for the provider and interested parties to comment on the proposed expert and review its qualifications. 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 providers' 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 City may require changes to the provider's application. The expert review shall address the following:

A. The accuracy and completeness of submissions;

B. The applicability of analysis techniques and methodologies;

C. The validity of conclusions reached; and

D. Any specific technical issues designated by the City.

SECTION 33

18.50.017 REMEDIES.

A. Any person violating any of the provisions of this Title upon conviction shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment for a period of up to ninety (90)days, or by both such fine and imprisonment, for each day during which an offense occurs.

B. In addition to receiving any monetary remuneration, the City shall have the right to seek injunctive relief for any and all violations of this Title, and all ether remedies provided at law or in equity.

SECTION 34

18.50.018 SEVERABILITY.

If any section, sentence, clause or phrase of this Title shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity orconstitutionality of any other section, sentence, clause or phrase of this Title.

SECTION 35

Resolution 771, establishing a moratorium on the siting of wireless communication facilities within the city, is hereby repealed.

SECTION 36

The city clerk shall sign and file with the adopting ordinance, a copy of the statutes and regulations referenced herein and shall also file and maintain in the city clerk's office one copy of each of the adopted laws in the form in which they were adopted for use and examination by the public.

SECTION 37

This ordinance shall take effect and be enforced from and after its passage and five (5) days following its publication, as required by law.

PASSED BY THE CITY COUNCIL ON 12-9, 1997

_____________________________
Rex Pulfrey Mayor

_____________________________
Joyce Bielefeld, City Clerk

APPROVED AS TO FORM:

_____________________________
James Dionne, City Attorney

Date of publication: Dec. 12, 1997
Effective Date: Dec. 17, 1997