Not an official copy.
City of Medina, Washington
Ordinance No. 623
THE CITY COUNCIL OF THE CITY OF MEDINA ORDAINS AS FOLLOWS:
AN ORDINANCE ESTABLISHING APPROPRIATE LOCATIONS,REGULATIONS AND DEVELOPMENT STANDARDS FOR WIRELESS COMMUNICATION FACILITIES, AMENDING SECTIONS 2, 3, 4, 5, 7, 8 AND 11 OF ORDINANCE NO. 609, REPEALING THE MORATORIUM ESTABLISHED BY RESOLUTIONS 242 AND 243 AND PROVIDING FOR REINSTATEMENT OF A MORATORIUM ON THE ACCEPTANCE AND PROCESSING OF SPECIAL USE PERMITS FOR WIRELESS FACILITIES IF ANY SECTION OF THIS ORDINANCE IS FOUND TO BE VOID.
WHEREAS, the City of Medina declared a moratorium on the issuance of special use permits for wireless communications facilities in February of 1996 to allow the City time to develop appropriate regulations, and
WHEREAS, the City of Medina passed Ordinance No. 609 establishing appropriate locations, regulations and development standards for wireless communications facilities, and
WHEREAS, at the urging of a substantial number of citizens, the City Council passed a second moratorium on accepting and processing permits for wireless facilities in order to have an opportunity to study additional concerns raised by these citizens, and
WHEREAS, this ordinance is based upon the assumption that the Federal Government has completely preempted the ability of cities to regulate location or placement of wireless facilities based upon health concerns related to radio frequency emissions, and
WHEREAS, this ordinance is designed to supplement, and in places replace the provisions of Ordinance No. 609 to address legitimate citizen concerns about the visual impact of wireless facilities and the negative impact of wireless facilities on residential property values, and
WHEREAS, advancing technology has eliminated the need for directional (panel) antennas which are typically arranged in one or more sectors of two or more panels each, thereby having the greatest visual impact of all antennas, and
WHEREAS, tubular panel antennas are available which have much less visual impact than directional antenna arrays, and
WHEREAS, technology exists to allow all equipment enclosures to be placed underground, now, therefore,
THE CITY COUNCIL OF THE CITY OF MEDINA ORDAINS AS FOLLOWS:
SECTION 1. DEFINITIONS:
A. The definitions contained in Ordinance No. 609 A through E are hereby adopted by reference.
B. The following new definitions are added to Ordinance No. 609, Section 2 A.
Tubular Panel Antenna: An antenna which is eighteen inches (18") in diameter or less and which is capable of receiving or transmitting signals in a three hundred sixty (360) degree pattern and which is less than eight feet (8') in height.
Residential Use Property: All portions of any property which contains a residence and all portions of any vacant property which is zoned for residential use. Residential use property includes property located within adjoining jurisdictions.
SECTION 2. ORDINANCE NO. 609, SECTION 3 AMENDED:
Section 3 of Ordinance No. 609 is amended to read as follows:
SECTION 3. PERMITTED LOCATIONS:
A. WCFs may be mounted on all currently existing nonresidential buildings which are located at least 500 feet from the nearest residential use Property
B. Building Mounted WCFs must meet the following conditions and criteria:
1. A building mounted WCF may consist of one of the following:
a. One tubular panel antenna; or
b. One whip antenna; or
c. One nonreflective parabolic dish 1' or less in diameter.
d. In the event of co-location, more than one of the facilities described above may be included.
2. In addition to the overall height limitations in Section 4, the antennas must conform to the following height restrictions relating to the existing building:
a. 6' 8" measured to the top of a tubular antenna above the roof proper at the point of attachment.
b. 10' measured to the tip of a whip antenna above the roof proper of the existing building at the point of attachment.
c. 5' measured to the top of a parabolic dish above the roof proper of the existing building at the point of attachment.
3. Whip and tubular antennas shall be camouflaged and located to minimize views from residential structures and rights-of-way.
4. Parabolic, ancillary and other antennas shall be completely screened from residential views and public rights-of-way in a manner that is architecturally compatible with the building on which it is located.
5. Equipment enclosures shall be located within the building on which the facility is placed or located underground.
C. WCFs requiring construction of a support structure may be located on the site of existing nonresidential uses except the following:
1. All portions of all City parks. [except that portion of Medina Park which is substantially sheltered from public view by the city shop and the Puget Power Substation.
2. All portions of the Fairweather Nature Preserve except non-forested areas adjacent to
the 520 right-of-way.
3. Areas where support structures cannot be located at least 500 feet from the nearest residential use property line measured from the property line.
D. WCFs requiring construction of a support structure must be located on a portion of a site that is effectively isolated from view of residential areas by structures or terrain features unless they are integrated or act as an architectural element of the structure, such as a flag pole.
E. WCFs are not allowed on residential properties or on City rights-of-way.
SECTION 3. ORDINANCE NO. 609, SECTION 4 AMENDED:
Section 4 of Ordinance No. 609 is amended to read as follows:
All WCFs utilizing a free-standing support structure shall be limited to 351 in height including the height of all antennas.
SECTION 4. ORDINANCE NO. 609, SECTION 5 AMENDED:
A. Free-standing WCFs shall conform to the following site development standards:
1. Support structures shall be setback from all residential [property]
use properties a distance of 500 feet.
2. Support structures shall be designed and placed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures so as to:
a. Use existing site features to screen as much of the total WCF as possible from prevalent views; and/or,
b. Use existing site features as a background so that the total WCF blends into the background with increased sight distances.
3. Relocation of a proposed facility on the site and in-fill landscaping of mature plant materials consistent with landscaping of the city may be required by the Planning Commission to make the best use of or to supplement existing trees and vegetation to more effectively screen the facility.
4. Support structures [, panel] and parabolic antennas,
and any associated hardware shall be painted a nonreflective color or color
scheme appropriate to the background against which the WCF would be viewed
from a majority of points within its viewshed. Natural colors only may be
employed and the final colors and color scheme must meet the approval of
the Planning Commission.
5. Equipment enclosures shall conform to the following:
a. Equipment enclosures will be placed underground Equipment enclosures may not extend more than five inches above the ground at original or finished grade whichever is lower.
b. Any visible portion of equipment enclosures shall be screened from view.
6. All heights shall be measured from original grade or finish grade, whichever is lower.
7. All applicants shall submit as built drawings following completion and all heights must be confirmed by survey after construction by a licensed surveyor or engineer.
SECTION 5. ORDINANCE NO. 609, SECTION 7 C AMENDED:
Section 7 C of Ordinance No. 609 is amended to read as follows:
C. The permit fee for each new or renewal permit for each site shall be
$5,000.00 plus all consulting costs as described in MMC 17.44.020. [the
permit fee shall be reduced to $3,000 plus consulting costs for an applicant
who is co-locating at the site of an existing provider and does not require
any additional support structure or expansion of an existing support structure.]
If more than one installation is sought to be approved under a single permit,
a full permit fee shall be paid for each installation, provided that if the
facility is exempt from FCC regulation and if the City Manager finds that each
separate facility is insignificant in terms of aesthetic impact upon the surrounding
neighborhood, the City Manager may, in his or her sole discretion, reduce the
permit fees to be charged. Such reduction may only be made after public hearing
on the permit.
SECTION 6. ORDINANCE NO. 609, SECTION 8 AMENDED:
Section 8 of Ordinance No. 609 is amended to read as follows:
SECTION 8. RADIO FREQUENCY STANDARDS:.
A. The applicant shall comply with Federal standards for radio frequency emissions. Within six months after the issuance of its operational permit, the applicant shall submit a project implementation report which provides cumulative field measurements of radio frequency emissions of all antennas installed at the subject site and compares the results with established Federal standards. Said report shall be subject to review and approval of the City for consistency with Federal standards. If on review, the City finds that the WCF does not meet Federal standards, the City may revoke or modify this Special Use Permit.
B. The applicant shall ensure that the WCF will not cause interference with the reception of area television or radio broadcasts. If on review the City finds that the WCF interferes with such reception, and if such interference is not cured within sixty (60) days, the City may revoke or modify this Special Use Permit.
C. At the time of application and at all other times, requested by the City, the applicant shall supply information as to the number of channels capable of being employed at the site, their individual and combined potentially capacities and all other information requested by the City.
SECTION 7. ORDINANCE NO. 609, SECTION 10 A AND F AMENDED:
Section 10 A and F of Ordinance No. 609 are amended to read as follows:
A. A Special Use Permit for a WCF shall expire 2 years after the effective date of the permit approval. A permittee wishing to continue the use of a specific WCF at the end of the period must apply for a Special Use Permit renewal application to continue that use at least six months prior to its expiration. In ruling on said renewal the Planning Commission shall apply all regulations in effect at the time of renewal effecting the application.
SECTION 8. ORDINANCE NO. 609, SECTION 11 AMENDED:
Section 11 of Ordinance No. 609 is amended to read as follows:
SECTION 11. APPLICABILITY:
A. The requirements of this ordinance apply to all new WCFs and the expansion and/or alteration of any existing WCFs.
B. The requirements of this ordinance apply throughout the City. It is the express intent of the City to impose all regulations on this ordinance to all land within the City, whether publicly or privately held, including, without limitation, private property, City property, state owned rights-of-way and/or Property, church Property, utility property and school Property.
SECTION 9. WIRELESS COMMUNICATION FACILITIES SITING POLICIES.
The Wireless Communications Facilities Siting Policies adopted by the City Council on April 14, 1997 shall govern the location and placement of wireless communications facilities within the City. In the event of any conflict between this ordinance and said policies, the provisions of this ordinance shall govern.
SECTION 10. CONCEALMENT TECHNOLOGY:
A. Definition. "Concealment Technology" is defined as the use of both existing and future technology through which a wireless communications facility is designed to resemble an object which is not a wireless communications facility and which is already present in the natural environment.
B. Concealment Technology for Wireless Communications Facilities. All wireless communications facilities must use concealment technology.
C. Concealment Technology for Equipment Shelters. All shelters for and all associated equipment needed for the operation of a wireless communications facility shall be located within an existing nonresidential building or underground. Underground shelters shall not extend more than five inches above the existing surface and shall be completely and immediately screened by approved vegetation. Underground shelters shall not be allowed where their presence would interfere with existing uses of public land.
SECTION 11. TESTING:
A. Testing Required. All existing and future wireless communications facilities shall be tested, not less frequently than annually, to determine if the facilities are in compliance with all applicable federal, state and local regulations. Facilities that are in existence on the effective date of this ordinance shall be tested within three (3) months after the effective date of this ordinance. All testing shall be conducted under the direction and control of the City.
B. Regulations. The City Manager shall adopt specific testing procedures and protocols.
C. Revocation of Permit. Any existing or future wireless communications facilities which does not comply all applicable federal, state and local regulations shall be removed, upon failure to bring the facility into compliance after thirty (30) days advance written notice.
D. Cooperation. All existing and future wireless service providers shall cooperate with the City in performing the testing required by this ordinance. Cooperation shall include supplying necessary testing equipment which has current certification from an independent testing laboratory and shall include operating the equipment at up to full capacity and/or shutting off the equipment to allow baseline testing.
E. Baseline Testing. All existing and future wireless service providers shall cooperate with the City in establishing baseline measurements of ambient radio frequency emissions which are present without contribution from the facility. To establish baseline testing, existing wireless service providers may be required to turn off all of their equipment. Future wireless service providers shall notify the City in advance when they are prepared to begin operating their equipment. Future wireless services providers shall not begin to operate their equipment until the City has obtained baseline measurements.
F. Costs. All testing shall be at the cost of the wireless service providers. Failure to pay such costs shall be an adequate basis for the City to revoke all special use permits.
SECTION 12. REQUIREMENT TO DEMONSTRATE NEED:
All applications shall be accompanied with adequate information to demonstrate compliance with the requirements of Medina Wireless Communication Facilities Policy Number 8.
SECTION 13. ASSIGNMENT AND SUBLEASING:
A. No facility, site or permit may be sold, transferred or assigned unless and until the assignee obtains a permit for the facility.
B. No sublease shall be entered into by a provider until the sublessee has obtained a permit for its facility.
C. An assignee or sublessee seeking a permit shall submit all data required for an original permit.
SECTION 14. APPLICATION FORM, INFORMATION TO BE PROVIDED:
All applications shall be submitted on a form to be developed under the supervision and control of the City Manager. All such applications, in order to be deemed complete, shall answer all enquiries contained in the application form and shall be accompanied by materials described within the application form. At a minimum, the application form shall require the following information:
A. A complete description of the proposed facility.
B. Coverage maps in a form acceptable to the City.
C . Location map of all sites currently operated by the provider in a five mile radius of the proposed site, together with all sites for which the applicant holds the development rights, including but not limited to a binding commitment or option to lease a site. For each such site, the targeted area and capabilities of the sites shall be adequately described.
D. All such additional information as the City Manager may, from time to time, request through modifications of the application form.
E. All such additional information as the Planning Commission may identify, from time to time, as being relevant to the permitting process.
SECTION 15. VIOLATION, PENALTY: Violation of any provision of this ordinance, or of Ordinance No. 608, shall constitute a civil infraction, punishable by a civil penalty not to exceed $1,000. Each day on which a violation continues shall constitute a separate civil infraction, punishable as provided herein. Violation of any provision of this ordinance, or of Ordinance No. 608, if not cured within thirty (30) days after advance written notice, shall constitute adequate cause for the City to modify or revoke any special use permit.
SECTION 16. EFFECTIVE DATE, REPEALER, REVIVAL OF MORATORIUM:
The City Council declares that this is a public emergency ordinance necessary for the protection of public health, safety, and welfare and shall be effective upon adoption. Upon the effective date of this ordinance, the moratorium upon the acceptance and processing of special use permits for communications facilities established in Resolution No. 242 and confirmed in Resolution No. 243 is repealed, provided, however, that if this ordinance or any section or clause contained in this ordinance is held to be unconstitutional or void for any reason, the moratorium established in Resolution No. 242 and confirmed in Resolution No. 243 shall be immediately reinstated for a period of six months to allow the City to formulate and pass new regulations.
PASSED BY THE CITY COUNCIL ON THIS 12th DAY OF MAY 1997 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE THE 19th DAY OF MAY 1997.
Susan Potts, Mayor Pro Tem
Approved as to form:
Kirk R. Wines, City Attorney
Attest:
Harwood T. Edvalson, City Clerk
Passed: 5/19/97
Red with City Clerk: ILIW97
Published: 5 11649:7
Effective Date: 5/12/97