HomeMy WebLinkAboutord2014-042 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-256
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator: /�
I Erin E.Osborn (tip (V 12,s- f cf July 8,2014 Introduction
Division Head
Mark Personius 141e /„-)S` l �r EC July 22,2014 Council/Hearing
(Y VEDA
Dept.Head:
J.E."Sam"Ryan ci/_ -a G-/,r
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Prosecutor: JUL 0 1 2014
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Royce Buckingham 6_ 6: (f WHATCOM COUNTY
Purchasing/Budget: COUNCIL
Executive:
Jack Louws
TITLE OF DOCUMENT: Ordinance amending the Official Whatcom County Zoning Ordinance, Title 20,
Chapter 20.13 — Wireless Communications Facilities to reorganize and streamline administration of the chapter,
add a new section on permitted uses, add new definitions; and also amend Title 20, Chapter 20.97—Definitions.
ATTACHMENTS:
(1) Cover Memo to County Executive and County Council
(2) Draft Ordinance&Exhibit "A"
(3) Whatcom County Planning Commission Findings of Fact and Reasons for Action, Conclusions,&Recommendation
(4) Planning Commission Draft Minutes from May 22,2014 and June 12,2014
(5) Staff Report&Memos(on file at the Council Office)
(6) Public Comment(on file at the Council Office)
SEPA review required? (X) Yes ( ) NO Should Clerk schedule a hearing? ( X) Yes ( ) NO
SEPA review completed? (X) Yes ( ) NO Requested Date: July 22,2014
Note: Based on public input, staff suggests that the County Council hold a
public hearing on the proposal;note also, that the Council must hold a
hearing if they want to change the Planning Commission's recommendation
[WCC 20.90.051(iv)J.
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
The proposal is to amend Whatcom County Code, Title 20, Chapter 20.13 — "Wireless Communications
Facilities"and Chapter 20.97—Definitions to streamline permit processing for routine wireless communication
equipment upgrades. Proposed changes to the wireless code chapter include new definitions and clarification of
terms for ease of administration, adding a new section on `permitted uses" to allow routine antenna upgrades
and replacement construction on existing, approved and conforming sites as a permitted use instead of as an
administrative approval use; reorganization of the Chapter into a format that is more consistent with the format
used in most chapters of Title 20; and deleting definitions in Chapter 20.97 that pertain to wireless
communication facilities to avoid duplication in the title and maintain consistency with the wireless code chapter
as amended.
COUNCIL ACTION:
7/8/2014: Introduced 7-0
7/22/2014: Adopted in Public Hearing 7-0, Ord. 2014-042
Related County Contract#: Related File Numbers: Ordinance or Resolution Number:
PLN2014-00010/5EP2014-00021 Ord. 2014-042
SPONSORED BY: Whatcom County
PROPOSED BY: Planning
INTRODUCTION DATE: July 8, 2014
ORDINANCE # 2014-042
ADOPTING AMENDMENTS TO THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE, TITLE 20: CHAPTER 20.13 - "WIRELESS COMMUNICATIONS
FACILITIES" TO STREAMLINE PERMIT PROCESSING ON ROUTINE WIRELESS
COMMUNICATION EQUIPMENT UPGRADES ON EXISTING, APPROVED, AND
CONFORMING SITES: ADDING A NEW SECTION ON PERMITTED USES, ADDING
NEW DEFINITIONS TO CLARIFY TERMS FOR EASE OF ADMINISTRATION,
REORGANIZATION OF THE CHAPTER TO BETTER MATCH THE ORGANIZATION OF
OTHER TITLE 20 CHAPTERS; AND ALSO AMENDING CHAPTER 20.97 - DEFINITIONS
WHEREAS, Whatcom County Comprehensive Plan Goals and Policies emphasize
the importance of refining the regulatory system, streamlining development regulations
and eliminating unnecessary delays in routine permitting, and support the development
and use of new technologies; and
WHEREAS, Whatcom County Code that regulates establishment of new wireless
communication facilities was originally adopted fourteen years ago under Whatcom
County Ord. 2000-006; and
WHEREAS, Since adoption of the County's wireless communication facility code,
wireless service technologies have advanced, especially in recent years. Increased
customer demand for wireless service especially'data', requires that providers routinely
update their equipment and replace'antennas to make use of the latest technologies;
and
WHEREAS, Under existing code, project proponents when collocating or
replacing equipment and structures on existing sites are required to obtain an
administrative approval use permit which requires a public comment period in addition
to a commercial building permit; staff has noted that public comment on these types of
proposals is infrequent, and opposition to upgrades on existing, approved, conforming
sites is very rare; and
WHEREAS, Representatives of the wireless communication services industry
have submitted verbal and written comments requesting that Whatcom County update
its wireless code. Comments received indicates that both the wireless services industry
and wireless service customers in the county would benefit from a more streamlined,
efficient permit process for routine equipment upgrades on existing sites; and
WHEREAS, Whatcom County Planning and Development Services submitted an
application to amend the Official Whatcom County Zoning Ordinance, Title 20, Chapter
20.13 - "Wireless Communications Facilities" and placed this item on the docket which
was affirmed by the Whatcom County Council under Whatcom County Res. 2014-012;
and
WHEREAS, Legal notice and County Public Participation requirements have been
met; and
WHEREAS, The proposed amendments have been reviewed for conformance
with zoning text amendment approval criteria established in Whatcom County Code,
Chapter 20.90.050; and
WHEREAS,The Whatcom County Planning Commission held two public hearings
on the subject amendments, and after considering staff recommendations and input
from the public, they voted to recommend that the Whatcom County Council adopt
amendments to the text of Whatcom County Code, Title 20 as shown in the attached
Attachment "A".
WHEREAS, The County Council has adopted the following Findings of Fact:
FINDINGS OF FACT
1. The purpose of the proposal to amend Whatcom County Code, Title 20, Chapter
20.13 "Wireless Communications Facilities"is to streamline permit processing for
routine wireless communication equipment upgrades on existing, approved, and
conforming sites. Existing code requires a special use permit even for routine
upgrades. The proposal adding a new permitted use section would allow routine
antenna upgrades, replacement construction, and new antennas or new antenna
arrays on existing, approved and conforming sites as a permitted use subject to
the requirement of a commercial building permit, and subject to all applicable
local, state, and federal laws and regulations.
The proposal also amends definitions and clarifies existing terms to promote ease
of administration and increase transparency, and includes a reorganization of the
chapter into a format that more closely resembles the format used in most
chapters of the County's zoning code. Types of uses found in sections on
"additional standards" have been moved into their own individual sections
according to type of use, such as administrative uses, conditional uses, non-
conforming uses, and prohibited uses.
2. The proposed amendments have been drafted in response to staff
recommendations, public comment, and recommendations by the Planning
Commission. The amendments as proposed may provide increased flexibility in
siting wireless service facilities, streamline application review, avoid duplicative
review, and provide greater permit efficiencies that may assist wireless service
providers to more successfully implement new technologies and better serve
wireless customers in Whatcom County.
3. On February 25, 2014, the Whatcom County Council initiated the subject
amendment to the official 2014 "Docket" under Res. 2014-012.
4. On March 31, 2014 a "60 Day Notice of Intent to Adopt Amendment" was
submitted to the Washington State Department of Commerce via email in
regards to the subject amendments. On April 7, 2014 Washington State
Department of Commerce replied to confirm that the County had fulfilled this
requirement, and that the 60 Day Notice was filed for reference under Material ID
20154. On May 14, 2014, a supplement to the 60-Day Notice was sent by email
to provide Department of Commerce with the most recent proposal on that date.
2
5. The Whatcom County Designated SEPA Official (lead agency) reviewed the
proposed amendments to the Wireless Communications Facilities Chapter, and
on April 2, 2014 made a determination that no probable significant adverse
impacts to the environment would be likely to occur as a result of adopting the
proposed amendments. This decision was made after a review of the completed
SEPA Environmental Checklist on file with the lead agency, referenced under File
No. SEP2014-00021. A 14 day comment period ending on April 16, 2014 was
established for the DNS; one comment was received from the City of Bellingham,
which indicated general support for the proposal. At the conclusion of the
comment period, a 10 day appeal period was established, and no appeals to the
determination, a DNS, were filed.
6. Notice of the Planning Commission hearing scheduled for May 22, 2014, and
notice that the proposal had been posted on the County website was sent to
citizen, media, cities and other groups on the County's e-mail list on May 13,
2014.
7. Notice of the Planning Commission hearing scheduled for May 22, 2014 was sent
to the Lummi Indian Business Council, Historic Preservation Office on May 13,
2014.
8. Notice of the Planning Commission hearing scheduled for May 22, 2014 was
published in the Bellingham Herald on May 9, 2014.
9. A number of public comments were received from the wireless communication
services industry, and these comments were posted to the Planning Commission
website, as they were received. The substance of these comments generally
supported the County's intent to streamline wireless communication facility
permit processing on existing, approved, and conforming sites. General and
specific suggestions were given on what kind of changes would benefit the
wireless communications service industry.
10.The Planning Commission held a scheduled public hearing on the subject
proposed amendments on May 22, 2014.
11.At the May 22, 2014 public hearing, the Planning Commission heard from one
member of the public who spoke about the importance of providing a public
comment period when siting new wireless facilities, and gave an example of how
at one point public comment positively influenced the siting of a new tower
constructed on Badger Road, in regards to setbacks.
12.At the May 22, 2014 public hearing, Planning Commissioners also heard from
several members of the public (Busch Law Firm) representing interests of AT&T
Wireless Services. Comments included an outline of four additional opportunities
for streamlining the permit process for routine replacement construction and
equipment upgrades on existing sites, as follows:
• Revise Exhibit "A"proposed new definition for"substantially increase the
3
physical dimensions" to match the new definition (July 2013) for
"substantial change" in the State Environmental Policy Act (SEPA);
• Consider alternative measures to supplant "Performance Bond" [WCC
20.13.062(11)] requirements that are meant to cover costs incurred by
the County should the county ever have to intervene and remove an
abandoned wireless structure or facility;
• Revise Exhibit "A" Section 20.13.160 - "Third Party Review" language to
provide explicitly for "joint approval" as to the selection of a third party
expert;
• Instead of moving routine maintenance from the chapter reserved for
exempt actions to a new permitted use section in WCC 20.13.140 (as
proposed by staff), reconsider whether or not routine maintenance should
be exempt from provisions of the chapter, and whether or not such
maintenance should be subject to requirements of obtaining a building
permit.
13.During the work session of the May 22, 2014 meeting, during deliberations on
the subject amendments, commissioners voted to recommend that staff make a
number of minor edits to Exhibit "A" preliminary draft proposed text to increase
clarity, including adding a note to clarify the meaning of the term "collocate";
they also voted to recommend that staff provide a new definition for"substantial
increase to physical dimensions" to match the SEPA definition for "substantial
change to physical dimensions", and to draft easy-to-understand new language
providing a base line from which to measure "substantial change in physical
dimensions", so as to limit the effect of incremental changes on the size of
existing facilities; to revise Section 20.13.160 -"Third Party Review"language to
require "joint approval" between Whatcom County and applicant in selection of
third party experts; and that staff provide a rationale for maintaining existing
wireless code provisions on performance bonds that are intended to cover costs
of removal; and finally, that staff provide a memo or some discussion on
applicability of the International Building Code (IBC) to wireless service
improvement projects, including, temporary uses, routine maintenance and
repair, and replacement construction.
14.Based on public input at their May 22, 2014 meeting, Planning Commissioners
voted to hold the public record open for additional comment. They also
requested that members of the public representing AT&T interests submit written
comment to summarize their verbal comments and suggestions. Commissioners
then voted to hold a second public hearing on the proposed amendments,
scheduled for June 12, 2014.
15.On May 23, 2014, staff spoke with Whatcom County Planning & Development
Services, Building Official, relaying the Planning Commissioner's request that a
briefing on applicability of the IBC to wireless communication facility
improvement projects be provided at or before the scheduled June 12, 2014
Planning Commission Meeting & Public Hearing. A follow up email was sent on
4
May 27, 2014 to outline the nature of the Planning Commission's inquiry in more
detail.
16.Information about applicability of the International Building Code (IBC) to
wireless communication facilities, and emergency repair permitting was provided
by the Whatcom County Building Services Manager, and this information was
submitted to all members of the Whatcom County Planning Commission by
email, and was also posted to the County's website, in advance of the second
hearing, scheduled on June 12th
17.Between the first and second hearings, staff conducted research on performance
bonds as requested by the Planning Commission, reviewing the code of a
number of city and county jurisdictions, interviewed four staff from different
County departments, and drafted a new Exhibit "A" (dated June 2, 2014) to
reflect Planning Commission recommendations.
18.Notice of the Planning Commission second hearing on the subject amendments
was published in the Bellingham Herald on May 30, 2014.
19.Notice of the second Planning Commission hearing and notice that the proposal
had been posted on the County website was sent to citizen, media, cities and
other groups on the County's e-mail list on June 3, 2014.
20.Notice of the second Planning Commission hearing and proposed amendments
was sent to the Lummi Indian Business Council, Historic Preservation Office on
June 3, 2014.
21.Additional comment was received in a letter from Busch Law Firm representing
the interests of AT&T on June 11th 2014. The letter addressed the four items
addressed in public comment submitted to commissioners on May 22, 2014, and
also included a section suggesting new definitions for"wireless communications
service", "wireless communications facilities" and "collocation".
22.Staff wrote an additional memo to the Planning Commission dated June 12,
2014, to cover public comment and suggestions outlined in the June 11, 2014
Busch Law Firm Letter, including discussion and recommendations on support for
the new definitions for wireless communication service and wireless
communication facility, and also gave reasons why the suggested definition for
"collocation" outlined in the June 11th Busch Law Firm letter should not be
approved.
23.The Planning Commission held a second public hearing on the subject
amendment on June 12, 2014.
24.At the June 12, 2014 public hearing, the Planning Commission heard from a
member of the public who spoke about the importance of providing a public
comment period when siting new wireless facilities on new sites, and gave an
example of how public comment influenced the siting of a new tower constructed
on Badger Road, in regards to setbacks. Further comment from this individual
emphasized an understanding of how important it is to uphold setbacks for new
5
wireless towers to ensure protection of property and public safety.
25.At the June 12, 2014 public hearing, Planning Commissioners heard from the
public representing interests of AT&T (Busch Law Firm). Public comment
included general support for changes to the proposal, as follows:
• Support for revised proposed definition: "substantially change the physical
dimensions"to match the definition in the State Environmental Policy Act
(SEPA);
• Support for staff's revised proposal (June 12, 2014, Memo to Planning
Commission) to delete "Performance Bond" [WCC 20.13.062(11)]
requirements that are meant to cover costs incurred by the County should
the county ever have to intervene and remove an abandoned wireless
structure or facility, but not supporting staff suggested language to
expressly provide Whatcom County authority to lien property to recover
costs incurred should the facility ever become abandoned, and should the
county find it necessary to remove the facility.
• Support for revisions to Exhibit "A" Section 20.13.160 - "Third Party
Review" language to provide explicitly for "joint approval" in selecting a
third party expert;
• Support for moving routine maintenance from the chapter reserved for
exempt actions to a new permitted use section in WCC 20.13.140, but still
recommending that commissioners should reconsider whether or not
routine maintenance should be exempt from provisions of the chapter.
26.At the Planning Commission meeting held June 12, 2014, after considering staff's
report and recommendations, and after considering public comment,
commissioners deliberated on the subject amendments and through a series of
motions, and amended motions, they voted to recommend that the Whatcom
County Council adopt amendments to the text of the Official Whatcom County
Zoning Ordinance, as shown in the Attachment "A" attached to this ordinance.
27.At the end of the Planning Commission meeting held on June 12, 2014,
commissioners voted on a motion to recommend that the Whatcom County
Council consider initiating to the docket a proposal to review and update existing
wireless code provisions that relate to Performance Bonds [WCC 20.13.062(11)].
More specifically, commissioners recommended that performance bond
requirements that are intended to cover costs incurred by the County (in
removing such facilities in the case of abandonment), may be more efficiently
administered if they apply only to wireless support structures and their
appurtenant ground equipment, and that performance bonds not be required as
a condition of issuance for each incremental and successive improvement made
to the structure over the life of the facility. The general motion was to
recommend that the County Council docket a future amendment to review and
update "performance bonds", because it appeared to exceed the scope of the
original application: Planning Commission discussion indicated that additional
6
research, review and input on this subject was needed prior to making a more
specific recommendation.
28.Pursuant to Whatcom County Code (WCC) 20.90.050, Whatcom County Planning
and Development Services has evaluated the proposed amendment in
relationship to the goals, objectives and policies of the Whatcom County
Comprehensive Plan as authorized by the Washington State Growth Management
Act (GMA) - RCW 36.70A; and has considered possible environmental impacts
identified by the lead agency through the State Environmental Policy Act (SEPA)
threshold determination process.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. The Official Whatcom County Zoning Ordinance, Title 20 is
hereby amended as shown on Attachment "A".
Section 2. Adjudication of invalidity of any of the sections, clauses, or
provisions of this ordinance shall not affect or impair the validity of the
ordinance as a whole or any part thereof other than the part so declared to
be invalid.
ADOPTED this 22nd day of July , 2014
''''"`II''''/'" WHATCOM COUNTY COUNCIL
ATT ,{..9 9(I,�" . WHATCOM COUNTY, WASHINGTON
•0 JUNTY •
Dark% Brririv.�i t&vi`s, Cotncil Clerk Carl Weimer, Chairperson
fr * 4 `
'11►111III►10`
APPROVED as to form: g Approved ( ) Denied
Royce Buckingham, Jack Liuws, Ex..cutive
Civil Deputy Prosecutor
Date: 7 /.2-9
7
File# PLN2014-00010
Wireless Communication June 25,2014
1
2 ATTACHMENT"A"
3
4 Whatcom County Code,Title 20
5
6 Chapter 20.13
7 WIRELESS COMMUNICATION FACILITIES
8 Sections:
9 20.13.010 Purpose.
10 20.13.020 Definitions.
11 20.13.030 Applicability—Exemptions.
12 20.13.040 Permitted Uses.
13 20.13.050 Administrative Approval Uses.
14 20.13.060 Conditional Uses.
15 20.13.070 Nonconforming uses and structures.
16 20.13.080 Prohibited Locations
17 20.13.085 Siting priorities.
18 20.13.090 Design and development standards.
19 20.13.100 Temporary uses.
20 20.13.110 Special exceptions.
21 20.13.120 Application requirements and conditions of issuance.
22 20.13.130 General criteria for issuance of permits.
23 20.13.140 Federal requirements.
24 20.13.150 Removal of antennas and support structures.
25 20.13.160 Third party review.
26 20.13.170 Appeals.
27 20.13.010 Purpose.
28 The purpose of this chapter is to establish regulations for the placement, development, permitting, and
29 removal of personal wireless communication facilities including support structures and antennas. These
30 standards were developed to comply with the Federal Telecommunications Act of 1996. They are
31 intended to protect property values and minimize visual impact while furthering the development of
32 enhanced telecommunication services in the county.
33 The provisions of this chapter are not intended to and shall not be interpreted to prohibit or to have the
34 effect of prohibiting personal wireless services. This chapter shall not be applied in such a manner as to
35 discriminate between providers of functionally equivalent personal wireless services.
36 In reviewing an application to provide personal wireless service or to install personal wireless service
37 facilities, the county shall act within a reasonable period of time, taking into account the nature and scope
38 of the application and the required notice and necessary review process. Any decision to deny an
39 application shall be in writing, supported by substantial evidence contained in a written record. (Ord.
40 2000-006§ 1, 2000).
1
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Wireless Communication June 25,2014
1 20.13.020 Definitions.
2 As used in this chapter, the following terms shall have the following meanings. Other words and terms
3 shall have meanings assigned to them by Chapter 20.97 WCC or if not defined in this chapter or Chapter
4 20.97 WCC, the meaning customarily assigned to them.
5 (1) "Administrator" means the director of planning and development services or his designee.
6 (2) "Amateur radio" or"ham radio" means radio facilities operated for noncommercial purposes by
7 individuals licensed by the FCC with an interest in construction and operation of radio equipment, usually
8 as a hobby or vocation.
9 (3) "Ancillary equipment facility(AEF)" means an unstaffed structure used to contain ancillary equipment
10 for a WCF. Such structures include cabinets, shelters, remodeled structures, pedestals and other similar
11 structures. Ancillary equipment may include air conditioners and emergency generators.
12 (4)"Antenna" means any pole, panel, reflection disc, or similar device used for the transmission or
13 reception of radio frequency signals, including but not limited to, directional antennas, Omni-directional
14 antennas, and parabolic antennas.
15 (5) "Antenna array" means any system of poles, panels, rods, reflecting discs or similar devices used for
16 the transmission or reception of radio frequency signals.An antenna array can be made up of one or
17 more antennas including but not limited to the following:
18 (a) Directional antenna (also known as a panel antenna)which transmits signals in a directional
19 pattern of less than 360 degrees.
20 (b) Omni-directional antenna (also known as a whip antenna)which transmits signals in a 360-
21 degree pattern.
22 (c) Parabolic antenna (also known as a dish antenna)which is a bowl shaped device that
23 receives and transmits signals in a specific directional pattern (e.g., point-to-point).
24 (6) "Attached wireless communication support structure" is a support structure not specifically designed
25 and constructed to support an antenna array. Such structures may include but are not limited to buildings
26 or structures, utility poles, signs, and water towers, together with any accompanying pole or device
27 (attachment device) which attaches the antenna array to the existing building or structure.
28 (7) "Attached wireless communication facility" is a wireless communication facility that utilizes an attached
29 wireless communication support structure as defined in WCC 20.13.020(6). It means the site, the leased
30 area, attached wireless communication support structures, antennas, antenna array(s), accessory
31 equipment structures, and appurtenances used to transmit, receive, distribute, provide or offer personal
32 wireless communication, together with any accompanying pole or device (attachment device)which
2
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Wireless Communication June 25,2014
1 attaches the antenna array to the existing building or structure, transmission cables, and an ancillary
2 equipment facility which may be located either inside or outside of the attachment structure.
3 (8) "Citizens band radio" means two-way radio facilities operated for short-range personal and business
4 communications, without necessity of a federal license, pursuant to 47 Congressional Federal Register
5 Part 95.
6 (9)"Clustering" means the placement of more than one wireless communication support structure on a
7 single site either by one provider or by several different providers.
8 (10) "Collocate" means the installation of wireless services equipment on a freestanding or attached
9 wireless communication facility that may be shared by one or more wireless service providers to transmit
10 and/or receive radio frequency signals for communication purposes. For the purposes of this chapter,the
11 terms"collocate", "collocation"or"co-locate"may be used interchangeably to describe action taken by a
12 principal facility owner, an authorized agent, or a valid lessee to add wireless services equipment to an
13 existing facility. Note: The spelling of these terms may vary based on local vernacular used by wireless
14 service industry professionals, and in accordance with state and federal law.
15 (11)"Direct-to-home satellite service" means the distribution or broadcasting of programming or services
16 by satellite directly to the subscriber's premises without use of ground receiving or distribution equipment,
17 except at the subscriber's premises or in the uplink process to the satellite.
18 (12) "FAA" means the Federal Aviation Administration.
19 (13) "FCC" means the Federal Communications Commission.
20 (14) "Freestanding wireless communication facility" means the site, the lease area, freestanding wireless
21 communication support tower(s), antennas, antenna array(s), accessory equipment structures, and
22 appurtenances used to transmit, receive, distribute, provide or offer personal wireless communication
23 services. Freestanding wireless communication facilities include but are not limited to antennas, poles,
24 towers, cables, wires, conduits, ducts, pedestals, vaults, buildings, and electronic switching equipment.
25 (15) "Freestanding wireless communication support structure" is a freestanding structure, designed and
26 constructed to specifically support an antenna array, and may include but is not limited to any of the
27 structures listed below:
28 (a) "Lattice tower" means a wireless communication support structure which consists of a
29 network of vertical and horizontal supports and crossed metal braces,forming a tower which is
30 usually triangular or square in cross-section.
31 (b) "Monopole tower" means a wireless communication support structure consisting of a single
32 pole to support antennas and connecting appurtenances.
3
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Wireless Communication June 25,2014
1 (c) "Guyed tower" means any variety of wireless communication support structures using wire
2 guys connecting above grade portions of a communication support structure diagonally with the
3 ground or the structure on which the tower is placed. The purpose of the wire guys is to provide
4 support for wireless communication towers, antennas, and connecting appurtenances. (Ord.
5 2000-006§ 1, 2000).
6 (16) "Personal wireless communication services" means wireless communication services.
7 (17) "Satellite earth station" means the facilities used for reception and processing of programming
8 services from a satellite prior to transfer to terrestrial distribution systems or for processing of
9 programming and services from a terrestrial source before transmission via satellite.
10 (18) "Site". For the purpose of this chapter, "site" means a , leased area which may contain a base
11 station, building(s) or structure in compliance with provisions of Whatcom County subdivision regulations,
12 site easement area or lot of record upon which a wireless communications facility is or will be located.
13 (19) "Unlicensed wireless services" means commercial mobile services that operate on public frequencies
14 and do not need a FCC license.
15 (20) "Wireless communication facilities" means facilities for the provision of wireless service. Wireless
16 communication facilities included, but are not limited to, antennas, poles, towers, cables, wires, conduits,
17 ducts, pedestals, vaults, buildings, and electronic and switching equipment.
18 (21) "Wireless communication service" means wireless data and telecommunications services, including
19 commercial mobile services, commercial mobile data services, unlicensed wireless services, and
20 common carrier wireless exchange access services, as defined by federal laws and regulations.
21 (22) "Substantially change the physical dimensions" means.
22 (a)The installation or mounting of wireless services equipment on an existing support structure that would
23 increase the overall height of the structure by more than ten percent, or twenty feet, whichever is greater;
24 provided that any such increase in height must conform to the provisions of this chapter; or
25 (b The installation or mounting of equipment that would involve adding an appurtenance to the body of
26 the structure that would protrude from the edge of the structure more than twenty feet or more than the
27 width of the structure at the level of the appurtenance, whichever is greater; Provided, that in making
28 determinations as to whether or not project proposals constitute a substantial change as described in (a)
29 or(b) above, and in order to limit incremental and cumulative effects concerning the overall size of such
30 facilities, measurements shall be taken to establish a base line for determining whether or not proposed
31 changes constitute a substantial change; such measurements shall be taken from the dimensions of the
32 existing facility as it was approved and constructed under the original building permit issued by Whatcom
33 County.
34 20.13.030 Applicability—Exemptions.
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Wireless Communication June 25,2014
1 The requirements of this chapter shall apply to all new personal wireless communication facilities and the
2 expansion and/or alteration of any existing personal wireless communication facilities. The following are
3 exempt from the provisions of this chapter:
4 (1) Satellite earth stations using antenna(s) not more than two meters in diameter in commercial and
5 industrial districts and direct-to-home satellite services.
6 (2) Send and receive citizen band radio antennas or antennas operated by federally licensed amateur
7 ("ham") radio operators.
8 (3) Industrial, scientific and medical equipment using frequencies regulated by the FCC
9 (4) Military and government radar antennas and associated communication towers used for navigational
10 purposes as regulated by the FCC under 47 Congressional Federal Register Parts 97 and 95
11 respectively.
12 (5) Military and federal, state and local government communications facilities used for emergency
13 preparedness and public safety purposes.
14 (6) Normal, routine and emergency maintenance and repair of existing wireless communications facilities
15 and related equipment which do not increase the size, footprint or bulk of such facilities and which
16 otherwise comply with the county, state, and federal law and regulations. Provided, that compliance with
17 design and development standards of this chapter is maintained.
18 20.13.040 Permitted Uses.
19 The following uses shall be considered permitted uses and shall comply with federal, state, and local laws
20 and regulations and the provisions of this chapter;the following uses shall also be subject to
21 environmental review under the State Environmental Policy Act(SEPA), unless categorically exempt.
22
23 (1) Replacement construction:
24 In all districts: Replacement of any component of an existing freestanding or attached wireless
25 communication facility, and/or replacement of any component of an existing ancillary equipment facility on
26 existing, approved and conforming sites; provided that such replacement does not increase the total
27 number of components lawfully existing on the site at the time of application for such replacement
28 construction, and further provided that such replacement construction does not"substantially change the
29 physical dimensions"of the individual components being replaced as defined in WCC 20.13.020(22).
30 Determinations made as to whether or not replacement proposals substantially change the physical
31 dimensions of existing facilities shall be made by the administrator, as follows:
32 (a) The applicant or applicant's agent must submit documentation to the administrator that
33 demonstrates that replacement construction proposals do not substantially change the physical
34 dimensions of such facilities as defined in WCC 20.13.020(22). Examples of such documentation
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1 may include specification sheets and/or area calculations for both the existing and proposed
2 replacement equipment. Such documentation must be submitted at the time of pre-application
3 interview for the required commercial building permit(s).
4
5 (b) The applicant or applicant's agent must also submit documentation to the administrator
6 demonstrating that replacement construction meets Federal Communication Commission (FCC)
7 Emission Standards (as applicable)_Such documentation must be submitted at time of application
8 for the required commercial building permit(s).
9
10 (2) New antenna or new antenna array construction:
11 In all districts: New antennas or new antenna arrays may be constructed on or added to existing,
12 attached or freestanding wireless communication facilities on existing, approved and conforming sites;
13 provided that such new antennas or antenna arrays do not"substantially change the physical dimensions"
14 of such facilities, as defined in WCC 20.13.020(22);
15
16 Determinations made as to whether or not new construction proposals substantially change the physical
17 dimensions of existing facilities shall be made by the administrator, as follows:
18
19 (a) The applicant or applicant's agent must submit documentation to the administrator that
20 demonstrates that the proposed new antenna or new antenna array construction does not
21 substantially change the physical dimensions of such facilities. Examples of such documentation
22 may include specification sheets and/or area calculations for both the existing and the proposed
23 new equipment. Such documentation must be submitted at the time of pre-application interview for
24 the required commercial building permit(s).
25
26 (b) The applicant or applicant's agent must also submit documentation to the administrator that
27 demonstrates that any new antenna(s) meet Federal Communication Commission (FCC) Emission
28 Standards(as applicable). Such documentation must be submitted at time of application for the
29 required commercial building permit(s).
30
31 20.13.050 Administrative Approval Uses
32 The following uses are considered administrative approval uses and shall require a Wireless
33 Communication Facility (WCF) permit in accordance with WCC 20.84 and WCC 2.33, and shall be
34 subject to a threshold determination in accordance with the Whatcom County SEPA Ordinance unless
35 categorically exempt; provided that WCF permit proposals located in nonresidential related districts shall
36 be exempt from the public noticing requirements found in WCC 2.33—Permit Review Procedures.
37 Uses described in this section must comply with county, state, and federal law and regulations and all
38 applicable provisions of this chapter. The administrator may refer an application for a WCF Permit to a
39 technical review committee for its review prior to making a decision on the application.
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1 (1) Wireless Communication Facility (WCF) permit
2 New freestanding wireless communication support structures, new antennas or antenna arrays on
3 existing freestanding or attached wireless communication structures on existing approved and conforming
4 sites, and new attached wireless communication facilities that substantially change the physical
5 dimensions of a facility as defined in WCC 20.13.020(22) may be approved by the administrator through
6 issuance of a WCF permit, subject to a required commercial building permit. Prior to application approval,
7 the applicant or applicant's agent must also submit documentation to the administrator that demonstrates
8 that any new antenna(s) meet Federal Communication Commission (FCC) Emission Standards (as
9 applicable).
10 (a) New freestanding wireless communication support structures
11 (i) New freestanding wireless communication support structures(lattice towers or monopole towers) may
12 be collocated or clustered on existing, approved and conforming wireless communication facility sites in
13 the following residential related districts: Rural, Residential Rural, and Rural Residential Island.
14 (ii) New freestanding wireless communication support structures (monopoles only), may be collocated or
15 clustered on existing, approved and conforming wireless communication facility sites in the following
16 residential related districts: Urban Residential, Urban Residential Medium, Urban Residential Mixed,
17 Neighborhood Commercial, and Eliza Island; provided that the site does not also contain residential uses.
18 (iii) Monopoles that are permitted as a WCF may exceed the height limits of the underlying residential
19 related zone by 15 feet; provided, the applicant demonstrates that the structure's height is the minimum
20 necessary to adequately function, or if collocation is specifically provided for on the tower. The additional
21 15 feet for collocation may be added to the 15 feet necessary for adequate function for a total of 30 feet in
22 the event both situations pertain.
23 (iv) In all nonresidential districts: New freestanding wireless communication support structures (lattice
24 towers or monopole towers) may be collocated or clustered on approved and conforming sites; provided
25 that the height of such structures shall be subject to requirements of WCC 20.13.092(9)(b); and provided
26 further that the height does not exceed 150 feet. Additional height may be approved only by special
27 exception as provided in WCC 20.13.110.
28 (b) New attached wireless communication facilities:
29 New attached wireless communication facilities may be approved by the administrator through issuance
30 of a WCF Permit, and subject to a required commercial building permit(s), as provided below.
31 (i) In all residential districts: New attached wireless communication facilities or new antennas attached to
32 existing attached wireless communication structures that utilize a nonresidential structure on a parcel or
33 lot not used primarily for residential purposes; provided,the antenna is not more than 15 feet above the
34 roof or parapet wall or top of structure (if not a building). Installation of dish antennas on the roof of an
35 attached wireless communication structure may be permitted as a WCF permit if the applicant
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1 demonstrates to the administrator that such proposal satisfies the special exception criteria pursuant to
2 WCC 20.13.110.
3 (ii) In all non-residential related districts: Ground mounted dish antennas may be located on existing
4 approved, conforming sites, provided that the site is not used exclusively for residential purposes.
5 (iii) In all residential related districts: Ground mounted dish antennas may be located on existing
6 approved, conforming sites, provided that the site is not used exclusively for residential purposes and the
7 antenna is not more than 15 feet above ground level nor more than 12 feet in diameter.
8 (c) New antennas or antenna arrays on existing freestanding wireless communication facilities or existing
9 attached wireless communication facilities on existing, approved and conforming sites; may be approved
10 by the administrator through issuance of a WCF Permit, and subject to required commercial building
11 permit(s):
12 (i) In all nonresidential districts: New antennas or antenna arrays may be added to existing freestanding
13 wireless communication support structures on existing approved and conforming sites, provided that the
14 height of such new antennas or antenna arrays shall not extend more than 15 feet above the attachment
15 device.
16 (ii) In all residential districts: New antennas or antenna arrays may be added to existing freestanding
17 wireless communication support structures on approved and conforming sites; provided that the height of
18 such new antennas or antenna arrays shall be subject to the requirements of WCC 20.13.092(9)(b).
19 (iii) In all residential districts: New antennas on existing attached wireless communication structures that
20 utilize a nonresidential structure on a parcel or lot not used primarily for residential purposes; provided,
21 the antenna is not more than 15 feet above the roof or parapet wall or top of structure (if not a building).
22 Installation of dish antennas on the roof of an attached wireless communication structure may be
23 permitted as a WCF permit if the applicant demonstrates to the administrator that such proposal satisfies
24 the special exception criteria pursuant to WCC 20.13.110.
25 (iv) In all nonresidential related districts: New antennas attached on existing attached wireless
26 communication structures that utilize a nonresidential structure on a parcel or lot not used primarily for
27 residential purposes; provided, the antenna is not more than 15 feet above the roof or parapet.
28 (2)Ancillary Equipment Facilities
29 (a) New ancillary equipment facilities or replacement construction that substantially increases the physical
30 dimensions of an existing facility as defined in WCC 20.13.020(22), may be permitted on existing
31 approved, conforming sites as an Ancillary Equipment Facility(AEF) under the scope of a WCF permit.
32 Such structures include cabinets, shelters, remodeled structures, pedestals and other similar structures.
33 Ancillary equipment may include air conditioners, emergency generators, and GPS units. Installation of
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1 such ancillary equipment when included in the scope of a WCF permit shall conform to original time
2 frames for completion set by the administrator, or as further amended by the administrator.
3 20.13.060 Conditional Uses.
4 (1)The following uses shall require conditional use permit approval by the hearing examiner, and shall be
5 processed in accordance with WCC 20.84 and WCC 2.33 and shall be subject to a threshold
6 determination in accordance with the Whatcom County SEPA Ordinance, unless categorically exempt.
7 Such uses shall comply with county, state, and federal law and regulations and all applicable provisions
8 of this chapter. The applicant or applicant's agent must also submit documentation to the administrator
9 that demonstrates that any new antennas meet Federal Communication Commission (FCC) Emission
10 Standards (as applicable). The administrator may refer an application for a conditional use to a technical
11 review committee for review and comment prior to referring the application to the hearing examiner for a
12 decision.
13 (a) New freestanding wireless communication facilities'
14 (i) In all nonresidential related districts: New freestanding wireless communication facilities that utilize
15 lattice tower or monopole wireless communication support structures; provided that the height of such
16 structures shall be subject to the requirements of WCC 20.13.092(9)(b); and further provided that the
17 height does not exceed 150 feet. Additional height may only be approved by special exception as
18 provided in WCC 20.13.110.
19 (ii) New freestanding wireless communication facilities that utilize lattice towers or monopole towers in the
20 following residential related districts: Rural, Residential Rural, Rural Residential Island; provided that the
21 height of such structures shall be subject to the requirements of WCC 20.13.092(9)(b).
22 (iii) New freestanding wireless communication facilities that utilize monopole towers only in the following
23 residential districts: Urban Residential, Urban Residential Medium, Urban Residential Mixed,
24 Neighborhood Commercial, and Eliza Island; provided that the site does not also contain existing
25 residential uses, and further provided that the height of such structures shall be subject to the
26 requirements of WCC 20.13.092(9)(b).
27 (b) New Attached Wireless Communication facilities
28 (i) In all non-residential related districts: New attached wireless communication facilities that utilize a
29 residential structure on a site used exclusively for residential purposes shall require a conditional use
30 permit; provided that the antenna shall not extend more than 15 feet above the roof or parapet.
31 (ii) In all residential districts: New attached wireless communication facilities that utilize an attached
32 wireless communication support structure that is a residential building or on a parcel used exclusively for
33 residential purposes shall require a conditional use permit; provided that the antenna shall not extend
34 more than 15 feet above the roof top (or top of the structure if not a building)and that the requirements of
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1 WCC 20.13.092(1) are met. The hearing examiner shall have the authority to restrict the height of the
2 attached antenna to a figure less than 15 feet in order to attain compliance with WCC 20.13.092(1).
3 (2) New ancillary equipment facilities may be permitted under the scope of a conditional use permit, or
4 may be permitted separately as an AEF under a WCF permit pursuant to WCC 20.13.050. Such
5 structures include cabinets, shelters, remodeled structures, pedestals and other similar structures.
6 Ancillary equipment may include air conditioners, emergency generators, and GPS units. Installation of
7 such ancillary equipment when included in the scope of a conditional use permit shall conform to original
8 time frames for completion set by the hearing examiner, or as further amended by the hearing examiner.
9 20.13.070 Nonconforming uses and structures.
10 Freestanding and attached wireless communication facilities, and ancillary equipment facilities in
11 operation as of the effective date of the ordinance codified in this chapter or amendment hereto, including
12 vested applications for such facilities, that do not conform to the use standards or development standards
13 of this chapter shall be subject to the provisions of Chapter 20.83 WCC governing nonconforming uses.
14 Routine maintenance on existing towers and antennas is permitted as provided in WCC 20.13.030(6).
15 However, any new construction other than routine maintenance on existing non-conforming towers,
16 antennas, buildings or other facilities shall comply fully with the requirements of Chapter 20.83 WCC
17 governing nonconforming uses, and this chapter
18 20.13.080 Prohibited Locations.
19 (a) New attached antennas or antenna arrays shall not be mounted, installed or affixed to a single family
20 residence, duplex or their accessory structures; this prohibition shall not apply to residential structures
21 such as multi-family housing, condominiums, apartment buildings, hotels, rooming houses, and their
22 appurtenant structures, such as parking garages, and storage buildings.
23 (b) New freestanding wireless communication support structures (lattice towers) are prohibited in Urban
24 Residential, Urban Residential Medium, Urban Residential Mixed, Neighborhood Commercial, and Eliza
25 Island districts.
26 (c) New freestanding wireless communication support structures (monopole towers and ground level
27 dishes) are prohibited in Urban Residential, Urban Residential Medium, Urban Residential Mixed,
28 Neighborhood Commercial, and Eliza Island districts on sites that also contain residential uses.
29 (d) New support structures are prohibited on lands within the jurisdiction of the Whatcom County
30 Shoreline Program. (Ord. 2011-013§2 Exh. B, 2011; Ord. 2000-006 § 1, 2000).
31 20.13.085 Siting priorities.
32 (1) In reviewing applications for new freestanding wireless communication facilities, and new attached
33 wireless communication facilities, the approving authority shall evaluate the proposal in relationship to the
34 following siting priorities. Unless the facility will be located at the highest priority location, the applicant
35 shall demonstrate that:
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1 (a) None of the higher priority locations are available; or
2 (b) If one is available it is not a feasible location for the proposed facility; or
3 (c) If feasible, the location is less desirable than the one proposed from the standpoint of
4 minimizing impacts on surrounding land uses.
5 (2) For the purpose of this chapter:
6 (a) Residential related districts include Urban Residential (UR), Urban Residential Medium
7 (URM), Urban Residential Mixed (UR-MX), Eliza Island (El), Neighborhood Commercial(NC),
8 Residential Rural (RR), Rural Residential Island (RR-I), and Rural (R) Districts;
9 (b) Non-residential related districts include:
10 (i) Commercial districts, including Rural General Commercial (RGC), General Commercial (GC),
11 Resort Commercial (RC) and Tourist Commercial (TC) Districts and (ii) Industrial districts
12 including Heavy Impact Industrial (HII), Light Impact Industrial (LII), Gateway Industrial (GI),
13 Rural Industrial and Manufacturing (RIM), General Manufacturing (GM), Airport Operations (AO)
14 and the Cherry Point Industrial District(CP-ID); and
15 (iii) Resource districts including Agriculture (AG), Commercial Forestry(CF), Rural Forestry(RF)
16 and Recreation Open Space (ROS).
17 (3) Siting Priorities. Listed in descending order with the highest priority first:
18 (a) Collocated antennas on attached wireless communication structures that are nonresidential
19 buildings and structures, and collocated antennas on existing freestanding wireless
20 communications towers in nonresidential related districts.
21 (b) Collocated antennas on attached wireless communication support structures that are
22 nonresidential buildings and structures„ and collocated antennas on existing freestanding
23 wireless communications towers in residential related districts on property not used exclusively
24 for residential purposes.
25 (c) New antennas on attached wireless communication structures such as nonresidential
26 buildings and structures in nonresidential related districts.
27 (d) New freestanding wireless communication support structures in, low visual impact locations
28 in resource and industrial districts.
29 (e) New attached wireless communication facilities that utilize nonresidential buildings and
30 structures in residential related zones on property not used exclusively for residential purposes.
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1 (f) New freestanding wireless communication support structures at low visual impact locations in
2 commercial districts.
3 (g) Locations other than those listed above.
4 20.13.090 Design and development standards.
5 .091 Design and Development Standards. The development standards set forth below shall apply to all
6 wireless communication facilities. These developments standards are minimum standards and shall be in
7 addition to any development standards or project review process which applies in the underlying district in
8 which a wireless communication facility is located. In the event of a conflict between the provisions of this
9 chapter and the general development standards of this title, or the project review process, the more
10 stringent provision shall govern; provided, that where a provision of this chapter is the more specific in its
11 application to wireless communication facilities that provision shall prevail regardless of stringency.
12 (1)Anti-Climbing Devices.All freestanding and attached wireless communication support structures and
13 required fencing shall be equipped with appropriate anti-climbing devices.
14 (2)Attachment to Trees Prohibited. It is prohibited to attach any wireless communication facility or portion
15 thereof to any tree.
16 (3) Signage. All freestanding and attached wireless communication support structures shall be identified
17 with a nonilluminated sign not exceeding four square feet. The sign shall list the wireless service
18 provider's name and emergency telephone number and shall be posted in a place visible to the general
19 public. No advertising signs shall be located on support structures or antennas, however arrays may be
20 camouflaged as otherwise permitted signs.
21 (4) Lighting. All freestanding and attached wireless communication facilities shall not be illuminated
22 except where required by the FAA.
23 (5) Painting.All freestanding and attached wireless communication facilities shall be painted or finished in
24 a manner that blends with the dominant color of the background except where otherwise required by the
25 FAA. The applicant and the operator of the facility shall have a continuing duty to maintain such paint or
26 finish.
27 (6) Noise from Accessory Equipment. Accessory Equipment Facilities shall comply with state noise level
28 standards under Chapter 173-60 WAC, as amended. Generators may only be permitted for emergency
29 operation purposes. If air conditioning or other noise generating equipment is proposed, the applicant
30 shall provide information detailing the expected noise level and any proposed abatement measures. This
31 may require noise attenuation devices or other mitigation measures to minimize impacts.
32 (7) Copies of deeds or other instruments such as lease agreements and site easements that establish the
33 applicant's right to use the site shall be provided at the time of application. These may be in unsigned
34 final draft form pending the outcome of the approval process. The boundaries of a proposed wireless
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1 communications facility site shall be defined in each such instrument in a manner that will provide a land
2 surveyor sufficient information to accurately locate the site boundaries using standard survey methods.
3 (8) If the proposed site is leased, the terms of the lease shall not restrict the land owner in any way from
4 leasing other areas of his property to other wireless communications providers with the exception that the
5 lease may include a provision that any additional facilities so located not materially interfere with the
6 operation of the existing facility.
7 .092 General Design Standards.
8 (1) Antennas that are mounted, installed or affixed to an attached wireless communication support
9 structure shall be designed or placed to blend with the, predominant background or architectural features
10 as seen from abutting residential uses, roadways or other public rights of way.
11 (2)When located on buildings, panel antennas shall be placed closely against walls or parapets and not
12 extend above the wall or parapet unless an alternative design is required to a) achieve better compatibility
13 with the building design or b)to obtain antenna function.
14 (3)Ancillary equipment facility structures shall be placed underground or wholly enclosed in an existing
15 structure or building, or designed to blend into the architecture and landscaping of the surrounding
16 buildings or structures. When equipment boxes are placed at ground level, they shall be screened from
17 view.
18 (4) Ground-mounted dishes shall be located outside any required landscaped area and preferably located
19 in service areas or other less visible locations. They shall be solidly screened to at least as high as the
20 center of the dish when viewed from off the site. Solid screening shall be provided as high as the top of
21 the dish on sides adjacent to residential zones.
22 Roof-mounted dishes shall be solidly screened at least as high as the center of the dish. The screening
23 shall be of a material and design compatible with the building, and can include penthouse screening,
24 parapet walls, or other similar screening. The dish should be placed as close to the center of the roof as
25 possible.
26 (5)Antennas on utility poles shall be limited to antennas that are no more than two feet in length unless
27 the approving authority finds that the visual impact of a longer antenna would not have an appreciable
28 effect on surrounding uses. No more than one antenna is permitted per pole. No utility pole shall be
29 extended in height in order to accommodate an antenna. No antenna shall be allowed on light standards
30 (6) Setbacks Applicable. The following setback standards shall apply to wireless communication facilities
31 (a)Accessory equipment structures shall comply with the setback requirements for principle
32 nonaccessory structures in the underlying district. An antenna and its attachment device
33 attached to a building or other permanent structures shall comply with the setback requirements
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1 for principle nonaccessory structures in the underlying district. Where the setback requirement in
2 the underlying zone is based on the height of the structure, the height used to compute the
3 setback for the antenna array shall be the height of the structure plus the additional height that
4 will be added by the antenna array and its attachment device.
5 (b) Freestanding wireless communication support structures located in a residential related
6 district as described in WCC 20.13.085 shall be set back from any property line by a distance
7 equal to the height of the wireless communications support structure or the setback of the
8 underlying use district, whichever is greater.
9 (c) Freestanding wireless communication support structures located in other than residential
10 related districts shall be set back from any property line abutting or adjacent to a residential
11 related district a distance equal to the height of the wireless communications support structure or
12 the setback of the underlying use district, whichever is greater.
13 (d) Regardless of the district, freestanding wireless communication structures shall be setback
14 from dwellings not on the same legal lot, a distance equal to the height of the freestanding
15 wireless communication support structure or the setback of the underlying use district whichever
16 is greater.
17 (e) Setbacks for freestanding wireless communication support structures shall be measured from
18 the ground-level base of the structure.
19 (f)The setback requirements for freestanding and attached wireless communication facilities
20 under this chapter may be reduced by the approving authority subject to the satisfaction of the
21 special exception criteria in WCC 20.13.110.
22 (7) In the event that a new freestanding or attached wireless communication facility is proposed on land
23 zoned agriculture or in an agriculture overlay zone and the land is otherwise suitable for agricultural use,
24 the facility shall be located and maintained so as not to interfere with current agricultural activities or the
25 potential future use of the site for agricultural activities.
26 (8) Screening Standards. Freestanding and attached wireless communication facilities shall be subject to
27 the following standards for visual screening:
28 (a)The perimeter of the wireless communication support structure and any guyed wires and
29 anchors shall be enclosed by a fence or wall at least six feet in height. A row of evergreen
30 shrubs, spaced not more than five feet apart and capable of growing to form a continuous hedge
31 at least five feet high within five years of planting, and at least one row of evergreen trees or
32 shrubs spaced not more than 10 feet apart nor less than six feet high when planted shall be
33 installed outside and adjacent to the fence.
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1 (b) Landscape material used for screening should be selected and sited to produce a hardy and
2 drought-resistant landscape area. Native plant materials are preferred.
3 (c) Maintenance of landscaped areas shall be the responsibility of the applicant and/or operator
4 of the facility. Required landscaping must be maintained in a healthy manner. Trees and shrubs
5 that die must be replaced with healthy in-kind materials such that during the life of the facility the
6 landscaping continues to satisfy the requirements of the permit. Temporary irrigation shall be
7 provided to help ensure survival during the plant establishment period. If the approving authority
8 determined that existing vegetation provided adequate screening without the need for additional
9 landscaping, than no action shall be taken by the applicant or his assigns or successors that
10 would diminish its effectiveness in screening the site. In the event that natural vegetation is
11 removed to the extent that the area required to be screened is made more visible, the operator
12 of the facility shall prepare a revegetation plan and submit the plan to the administrator for
13 review and approval. Upon approval the operator shall implement the plan.
14 (d)The administrator or the hearing examiner as appropriate may approve any combination of
15 existing vegetation, topography, walls, decorative fences or other features instead of
16 landscaping, if they achieve the same degree of screening as the required landscaping. Either,
17 as appropriate, may waive the requirement for the installation of screening for those sides of the
18 facility that are naturally screened so as not to be visible from public streets or adjoining
19 properties.
20 (e) Existing vegetation shall be preserved to the maximum extent practicable
21 (f)When landscaping is required to be installed a maintenance bond, assignment of funds or
22 other financial guaranty acceptable to the county shall be provided in the amount of 50 percent
23 of the value of the labor and materials. The guaranty shall be in effect for two years from the
24 date of planting.
25 (9) General Height Standards. The following standards shall apply to wireless communications facilities.
26 (a) The height of a freestanding or attached wireless communication facility shall be measured to
27 include the support structure and any antennas proposed to be attached to the structure at the
28 time of application; provided that a lightning rod, not to exceed 10 feet or FAA required lighting
29 shall not be included in the height measurement.
30 (b)The height limit on a freestanding wireless communications facility shall be the minimum
31 height necessary for the facility to function satisfactorily provided the height does not exceed
32 height restriction imposed elsewhere in this chapter. The applicant shall provide technical
33 documentation that the height proposed is the minimum necessary. As provided in WCC
34 20.13.160, the administrator or the hearing examiner may require a third party review of this
35 information(c)The height of antennas mounted or installed on an attached wireless
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1 communication support structure may exceed the height limit of the underlying zone; provided
2 that the height does not exceed height restriction imposed elsewhere in this chapter.
3 (10) Parking. Each freestanding and attached wireless communication support structure shall be provided
4 with at least one adjacent parking space or more if needed to accommodate staff.All unstaffed facilities
5 shall have access to parking for maintenance personnel, however such parking may be shared or public
6 parking at the discretion of the county. Staffed facilities shall require one parking space per staff under the
7 standard provisions of the zone in which it is located.
8 (11) Building and Utility Permits. Approval of a WCF permit does not exempt or otherwise remove any
9 requirements for obtaining building permits and other applicable construction, development or operation
10 related permits, licenses or approvals for the project. It shall be the permittee's responsibility to secure all
11 other necessary permits and approvals prior to beginning work on the installation of the facility. (Ord.
12 2000-006§ 1, 2000).
13 20.13.100 Temporary uses.
14 Freestanding or attached wireless communication facilities may be permitted as a temporary use with
15 review by the administrator in order to facilitate continuity in wireless communication service during repair
16 or maintenance of existing wireless communication facilities or prior to completion of construction of new
17 wireless communication facilities. Such temporary uses shall operate for not more than 60 days at any
18 one location within a six-month period commencing when transmission from such facility begins. The
19 wireless communication facility(s) shall be removed within 30 days after the facility is no longer needed
20 for telecommunications purposes.
21 20.13.110 Special exceptions.
22 When adherence to all development standards of this chapter would result in a physical barrier which
23 would block signal reception or transmission or prevent effective communication in all permissible
24 locations, a special exception may be permitted provided criteria outlined below are met. Exceptions do
25 not apply to variations from the current code as adopted and amended per WCC Title 15, Buildings and
26 Construction. A variance pursuant to Chapter 20.84 WCC is required for variations from applicable zoning
27 regulations not described in this section.
28 The approval authority for granting of the special exception shall be the same as that of that of the
29 authority authorized to approve the permit for the antenna location. A request for a special exception shall
30 be processed in conjunction with the permit approving the antenna location.
31 Upon review of special exception requests, the approval authority shall consider first those standards
32 having the least effect upon the resulting aesthetic compatibility of the antenna or tower with the
33 surrounding environment. The approval authority shall review setback, size, screening requirements, and
34 height limits.
35 (1) Special Exception Criteria.
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1 (a)The applicant shall justify the request for a special exception by documenting and providing
2 evidence that the full application of a particular standard or standards of this chapter would result
3 in an obstruction or inability to send and receive a communication signal from the proposed
4 location of the facility and further, that the obstruction or inability to send or receive a signal from
5 that location is the result of factors beyond the property owner's or applicant's control. Pictures,
6 scaled drawings, maps and/or manufacturer's specifications, and other technical information as
7 necessary, should be provided to substantiate the need for the special exception.
8 (b)The applicant for a special exception shall demonstrate that the proposed materials, shape,
9 and color of the antenna will minimize negative visual impacts on adjacent or nearby residential
10 uses to the greatest extent possible. The use of certain materials, shapes and colors may be
11 required in order to minimize visual impacts.
12 (c) Any request for a special exception to heights for new antennas that are proposed to be
13 mounted or installed on an attached wireless communication support structure, shall be
14 reviewed relative to height limitations set for structures in the underlying zone district in which
15 the antenna is to be located.
16 (d) Requests for special exceptions for setback reductions shall also be judged based on the
17 following criteria:
18 (i)The extent to which screening and camouflaging will be employed to mitigate the effects
19 of the structure versus the value of the setback in providing such screening.
20 (ii) The need for the setback reduction to facilitate a location or design that better satisfies
21 the criteria of this chapter.
22 (iii)The impact on adjacent properties.
23 (iv) Location in a street right-of-way. (Ord. 2013-057 § 1 (Exh. A), 2013; Ord. 2000-006§ 1,
24 2000).
25 20.13.120 Application requirements and conditions of issuance.
26 Applicants shall submit the following information in addition to standard application materials
27 (1)A scaled site plan clearly indicating the location of the proposed facility, all other structures and uses
28 on the site, adjacent roadways, proposed means of access, parking, existing and proposed landscaping
29 and setbacks from property lines. Elevation drawings of the proposed tower, the equipment structure,
30 existing structure with proposed antenna, fencing, buffering/screening,type of architectural treatment,
31 and any other feature necessary to show compliance with the applicable standards.
32 (2) Photo-simulations of the proposed facility from adjacent residential properties, public properties and
33 public rights-of-way.
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1 (3) Legal description and ownership of the parcel.
2 (4)A valid agreement for collocation on an existing WCF support structure or on an existing building or
3 structure; or a location evaluation study as described in subsection (5) of this section.
4 (5) For new freestanding support structures, a location evaluation study shall be provided as follows:
5 (a)A study shall be provided showing that the structure is required for present and future
6 network coverage, that the height requested is the minimum necessary to provide for the
7 function and potential collocated antennas and why the antennas could not be collocated on an
8 existing structure. In residential zones,the applicant shall provide adequate proof that the facility
9 could not be located in a nonresidential zone.
10 (6) The applicant shall submit a performance bond or other security acceptable to the county, as
11 described in WCC 20.13.130(4), to cover the future costs of removal of the facility.
12 (7) A report from a licensed professional engineer documenting that:
13 (a)The support structure is designed for collocation of other antennas (if applicable.)
14 (b) The antenna usage will not interfere with other adjacent or neighboring transmission or
15 reception communications signals.
16 (c)The wireless communications facility complies with all applicable standards of the FCC for
17 such facilities including EMF emission standards, if applicable.
18 (8)A projection of the wireless communication facilities which the applicant and/or prospective operator of
19 the facility reasonably anticipate will be sited by his company within Whatcom County during the next five
20 years.
21 (8) Proof of license by the FCC, if applicable.
22 (9)A copy of the findings from the FAA's Aeronautical Study Determination regarding the proposed
23 wireless communication support structure.
24 (10)A copy of the instrument that establishes the right of the applicant to use the site for the intended
25 purpose as required in WCC 20.13.091(7).
26 (11) If the site is a leased site, a copy of lease agreement which specifies or shows that it does not
27 preclude the site owner from entering into leases on the site with other providers. (Ord. 2000-006 § 1,
28 2000).
29 20.13.130 General criteria for issuance of permits.
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1 (1)Any applicant for a land use permit(other than a building permit) proposing to install an antenna
2 support structure or mount an antenna on an existing structure shall demonstrate by engineering
3 evidence that:
4 (a)The antenna must be located at the site to satisfy its function in the wireless service
5 provider's local system. The county may require the applicant to provide feasibility studies which
6 demonstrate that locations on existing structures and/or in higher priority locations have been
7 explored and are not feasible or available.
8 (b)The height requested is the minimum height necessary to fulfill the site's function within the
9 wireless service provider's system.
10 (2) In addition to standard criteria, the authority granting the permit shall find that, unless the facility will be
11 located at the highest priority location as set forth in WCC 20.13.085, the applicant has demonstrated that
12 none of the higher priority locations are available or if one is available it is not a feasible location for the
13 proposed facility; or if feasible is less desirable than the one proposed from the standpoint of minimizing
14 impacts on surrounding land uses.
15 (3) The permit may include requirements which:
16 (a) Minimize visual impacts to the greatest extent possible by maximum feasible use of
17 camouflage or screening, including but not limited to fencing, landscaping, strategic placement
18 adjacent to existing buildings or live or simulated vegetation, undergrounding of accessory
19 equipment structures, incorporation of wireless communications support structures, antennas
20 and other appurtenances into the architectural features of existing buildings or structures and by
21 requiring compatibility with key design elements in the surrounding area; for example, use of
22 brick or other material similar to,that used in adjacent buildings or structures, incorporation of
23 support structures into compatible architectural features such as flag poles, bell towers or
24 cornices, or use of simulated vegetation to camouflage support structures.
25 (b) Locate wireless communication facilities so as to minimize the visibility of the facility to
26 residentially zoned land and so as to minimize the obstruction of scenic views from residentially
27 zoned land.
28 (c) Require the mounting of the facility on existing buildings or structures, or use of other,
29 alternatives with less visual, aesthetic or safety impacts, as an alternative to use of a monopole
30 or lattice tower. (Ord. 2000-006§ 1, 2000).
31 (4) Performance Bond or Other Security Acceptable to the County. The operator of the facility shall obtain
32 and keep in force throughout the time the facility is located on the site a performance bond or other
33 security acceptable to Whatcom County payable to Whatcom County in the amount of 150 percent of the
34 estimated cost of removal as determined by the director, but not less than $1,000. The bond is intended
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1 to cover the costs of removal of such facility at such time as the facility may be required to be removed
2 pursuant to WCC 20.13.150.
3 20.13.140 Federal requirements.
4 All wireless communications support structures must meet or exceed current standards and regulations of
5 the FAA, the FCC and any other agency of the federal government with the authority to regulate wireless
6 communication support structures and antennas. If such standards and regulations are changed, owners
7 of the freestanding or attached wireless communication support structure, antennas and electronic
8 equipment governed by this chapter shall bring such facility into compliance with such revised standards
9 and regulations within the compliance schedule of the federal agency. Failure to bring such facilities into
10 compliance with such revised standards and regulations shall constitute grounds for the removal of the
11 facility at the owner's expense.
12 20.13.150 Removal of antennas and support structures.
13 No less than 30 days prior to the date that a personal wireless service provider plans to abandon or
14 discontinue operation of a facility, the provider must notify the Whatcom County planning and
15 development services director by certified U.S. mail of the proposed date of abandonment or
16 discontinuation of operation. The owner of the facility shall then remove the antenna within 90 days of
17 discontinuation or abandonment unless an additional period of time is authorized by the county. In any
18 case, if the county finds that any wireless communication support structure has not operated for a
19 continuous period of six months, the owner or lessee of the property shall remove the facility within 36
20 months of receipt of notice to remove from the county. If the abandoned facility is not removed within said
21 time period, the county may remove the antenna or wireless communication support structure at the
22 owner's expense. If there are two or more wireless communications providers on a single wireless
23 communication support structure,this provision shall not become effective until all providers cease using
24 the wireless communication support structure.
25 20.13.160 Third party review.
26 Personal wireless service providers use various methodologies and analyses, including geographically-
27 based computer software,to determine the specific technical parameters of their services and low power
28 mobile radio service facilities, such as expected coverage area, antenna configuration, topographic
29 constraints that affect signal paths, etc. Because of the technical nature of methodologies and analyses,
30 the county may find it necessary to require a third party technical review of the material submitted by the
31 applicant as part of a permitting process. The expert review is intended to address interference and public
32 safety issues and be a site-specific review of technical aspects of the facilities or a review of the
33 provider's methodology and equipment used and not a subjective review of the site which was selected
34 by a provider. Based on the results of the expert review,the county may require changes to the provider's
35 application. The expert review shall address the following:
36 (1) The accuracy and completeness of submissions;
37 (2)The applicability of analysis techniques and methodologies;
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1 (3)The validity of conclusions reached; and
2 (4)Any specific technical issues designated by the county.
3 In general, and if necessary, the administrator shall consider requiring a third party review of technical
4 information submitted in support of a special exception, and technical information submitted in support of
5 a wireless communication facility proposed at a low priority, high visual impact location.
6 The selection of a third party expert shall be by mutual agreement between the provider and the county
7 The cost of the technical review shall be borne by the applicant.
8 20.13.170 Appeals.
9 The hearing examiner shall have the authority to decide, in conformity with this chapter, appeals from any
10 order, requirement, permit decision or determination made by an administrative official in the
11 administration or enforcement of this chapter where more than one interpretation is possible; provided,
12 that such appeal shall be filed within 14 days of the action being appealed. The hearing examiner shall
13 hear appeals under this chapter in the same manner as provided in WCC 20.92.210(2).
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