HomeMy WebLinkAboutord2014-042strike WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-256
' CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator: /l_ (p/ 5 f
Erin n E..Osborn L� ?j July 8,2014 Introduction
Division Head
Mark Personius 14 1 /A 5` (1 �r C E V E D July 22,2014 Council/Hearing
Dept. Head: A
I.E."Sam"Ryan 6"d11-1
JUL 0 1 2014
Prosecutor: IIII
/ (�
Royce Buckingham k (e
WHATCOM C O U N TY
Purchasing/Budget:
COUNCIL
Executive: )70'W
Jack Louws L/3D 1,_I
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)/.
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/SEP2014-00021 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
�,��►''""k'��"'�1, WHATCOM COUNTY COUNCIL
ATTS'T� � C/A 1/ WHATCOM COUNTY, WASHINGTON
0•
o :•rte
n
Dari, BrbAdi b,.vi's, Council Clerk Carl Weimer, Chairperson
APPROVED as to form: Approved ( ) Denied
Royce Buckingham, Jack Liuws, Ex •cutive
Civil Deputy Prosecutor
Date: 7 /.2-9 �r y
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 COMMUNICATIONS 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 20.13.040 20.13.070 Nonconforming uses and structures.
16 20.13.080 Prohibited Locations
17 20.13.050 20.13.085 Siting priorities .
18 20.13.060 20.13.090 Design and development standards.
19 20.13.070 Additional standards for residential related districts.
20 20.13.080 Additional standards for nonresidential related districts.
21 20.13.090 20.13.100 Temporary uses.
22
23 20.13.110 Special exceptions.
24 20.13.120 Application requirements and conditions of issuance.
25 20.13.130 General criteria for issuance of permits.
26 20.13.140 Federal requirements.
27 20.13.150 Removal of antennas and support structures.
28 20.13.160 Third party review.
29 20.13.170 Appeals.
30 20.13.010 Purpose.
31 The purpose of this chapter is to set forth theestablish regulations for the placement, development,
32 permitting, and removal of personal wireless communications facilities including support structures and
33 antennas. These standards were developed to comply with the Federal Telecommunications Act of 1996.
34 They are intended to protect property values and minimize visual impact while furthering the development
35 of enhanced telecommunication services in the county.
36 The provisions of this chapter are not intended to and shall not be interpreted to prohibit or to have the
37 effect of prohibiting personal wireless services. This chapter shall not be applied in such a manner as to
38 discriminate between providers of functionally equivalent personal wireless services.
39 In reviewing an application to provide personal wireless service or to install personal wireless service
40 facilities, the county shall act within a reasonable period of time, taking into account the nature and scope
1
File# PLN2014-00010
Wireless Communication June 25, 2014
1 of the application and the required notice and necessary review process. Any decision to deny an
2 application shall be in writing, supported by substantial evidence contained in a written record. (Ord.
3 2000-006 § 1, 2000).
4 20.13.020 Definitions.
5 As used in this chapter, the following terms shall have the following meanings. Other words and terms
6 shall have meanings assigned to them by Chapter 20.97 WCC or if not defined in this chapter or Chapter
7 20.97 WCC, the meaning customarily assigned to them.
8 (1) "Administrator" means the director of planning and development services or his designee.
9 (2) "Amateur radio" or"ham radio" means radio facilities operated for noncommercial purposes by
10 individuals licensed by the FCC with an interest in construction and operation of radio equipment, usually
11 as a hobby or vocation.
12 (3) "Ancillary equipment facility (AEF)" means an unstaffed structure used to contain ancillary equipment
13 for a WCF. Such structures include cabinets, shelters, remodeled structures, pedestals and other similar
14 structures. Ancillary equipment may include air conditioners and emergency generators.
15 (4) "Antenna" means any pole, panel, reflection disc, or similar device used for the transmission or
16 reception of radio frequency signals, including but not limited to directional antennas Omni-directional
17 antennas, and parabolic antennas.
18 (5) "Antenna array" means any system of poles, panels, rods, reflecting discs or similar devices used for
19 the transmission or reception of radio frequency signals. An antenna array can be made up of one or
20 more antennas including but not limited to the following:
21 (a) Directional antenna (also known as a panel antenna)which transmits signals in a directional
22 pattern of less than 360 degrees.
23 (b) Omni-directional antenna (also known as a whip antenna)which transmits signals in a 360-
24 degree pattern.
25 (c) Parabolic antenna (also known as a dish antenna) which is a bowl shaped device that
26 receives and transmits signals in a specific directional pattern (e.g., point-to-point).
28 building or structure (attachment structure), which structure shall include but not be limited to utility poles,
29 sighs, and water towers, together with-any-acoorn-panying-{pole-or-devise(attach-ment devioe)-which
F 2
File# PLN2014-00010
Wireless Communication June 25,2014
1 {6)"Attached wireless communication support structure" is a support structure not specifically designed
2 and constructed to support an antenna array. Such structures may include but are not limited to buildings
3 or structures, utility poles, signs, and water towers, together with any accompanyingpole or device
4 (attachment device) which attaches the antenna array to the existinabuilding or structure.
5 {7) "Attached wireless communication facility" is a wireless communication facility that utilizes an attached
6 wireless communication support structure as defined in WCC 20.13.020(6). It means the site, the leased
7 area, attached wireless communication support structures, antennas, antenna array(s), accessory
8 equipment structures, and appurtenances used to transmit, receive, distribute, provide or offer personal
9 wireless communication, together with any accompanying pole or device (attachment device) which
10 attaches the antenna array to the existing building or structure, transmission cables, and an ancillary
11 equipment facility which may be located either inside or outside of the attachment structure.
12 _(68) "Citizens band radio" means two-way radio facilities operated for short-range personal and business
13 communications, without necessity of a federal license, pursuant to 47 Congressional Federal Register
14 Part 95.
15 (79) "Clustering" means the placement of more than one wireless communication support structure on a
16 single site either by one provider or by several different providers.
17 48-pCallscatioa=rneans-t a use-nf-a-single-wireless-sOr MU—nioationr support structure by snore-thane.
19 provider
20 {10) "Collocate" means the installation of wireless services equipment on a freestanding or attached
21 wireless communication facility that may be shared by one or more wireless service providers to transmit
22 and/or receive radio frequency signals for communication purposes. For the purposes of this chapter, the
23 terms"collocate","collocation" or"co-locate" may be used interchangeably to describe action taken by a
24 principal facility owner, an authorized agent, or a valid lessee to add wireless services equipment to an
25 existing facility. Note The speilinq of these terms may vary based on local vernacular used by wireless
26 service industry professionals, and in accordance with state and federal law.
27 (011) "Direct-to-home satellite service" means the distribution or broadcasting of programming or services
28 by satellite directly to the subscriber's premises without use of ground receiving or distribution equipment,
29 except at the subscriber's premises or in the uplink process to the satellite.
30 (1-012) "FAA" means the Federal Aviation Administration.
31 (1413) "FCC" means the Federal Communications Commission.
32 (14) "Freestanding wireless communication facility" means the site, the lease area, freestanding wireless
33 communication support tower{s), antennas, antenna array(s), accessory equipment structures, and
34 appurtenances used to transmit, receive, distribute, provide or offer personal wireless communication
3
File# PLN2014-00010
Wireless Communication June 25,2014
1 services. Freestanding wireless communication facilities include but are not limited to antennas, poles,
2 towers, cables. wires, conduits, ducts, pedestals, vaults, buildings, and electronic switching equipment.
3 (15) "Freestanding wireless communication support structure" is a freestanding structure, designed and
4 constructed to specifically support an antenna array, and may include but is not limited to any of the
5 structures listed below:
6 (a) "Lattice tower" means a wireless communication support structure which consists of a
7 network of vertical and horizontal supports and crossed metal braces, forming a tower which is
8 usually triangular or square in cross-section.
9 (b) "Monopole tower" means a wireless communication support structure consisting of a single
10 pole to support antennas and connecting appurtenances.
11 (c) "Guyed tower" means any variety of wireless communication support structures using wire
12 guys connecting above grade portions of a communication support structure diagonally with the
13 ground or the structure on which the tower is placed. The purpose of the wire guys is to provide
14 support for wireless communication towers, antennas, and connecting appurtenances. (Ord.
15 2000-006§ 1, 2000).
16 (46 Wirele-ss-oonar-nu-nications-€acilit-ies,4f-GF-)-means thesite;.wireless communication&-support
18 dlstribute provide er °r .IAivireless communicat ions--services Wireless communications-facilities
19 in^ debut-a -nat4imited-to anteenasi poles, towers.sables.-wires-eonduits sf lets pedestals vai tts;
21 (4316) "Personal wireless communications services" means wireless communications services.
22 (4-7-)-Wi - - - .e•••�1- -• -• - • - -• - - -a^nd receiving-of-radio-or.microwave-signals
23 ue7ed-forvr co=municatio�-,�O noludtn g-bu�ot-li{sited•to-oell�r-tele hone personal communic ss
24 services 4-PCS);enhaneedlspeeialized--mobil e-radio M. -wmmercial-pagi-ng--services-and-any othor
26 ccrvices.
27 (4317) "Satellite earth station" means the facilities used for reception and processing of programming
28 services from a satellite prior to transfer to terrestrial distribution systems or for processing of
29 programming and services from a terrestrial source before transmission via satellite.
30 (4418) "Site". For the purpose of this chapter, "site" means a b uild'in^ structure, leased area which may
31 contain a base station, building(s)or structure in compliance with the-provisions to-of Whatcom County
32 subdivision regulations, site easement area or lot of record upon which a wireless communications facility
33 is or will be located.
4
File# PLN2014-00010
Wireless Communication June 25,2014
1 • (41519) "Unlicensed wireless services" means commercial mobile services that operate on public
2 frequencies and do not need a FCC license.
3 (20) "Wireless communication facilities" means facilities for the provision of wireless service. Wireless
4 communication facilities included, but are not limited to, antennas, poles, towers. cables, wires. conduits,
5 ducts, pedestals, vaults, buildings, and electronic and switching equipment.
6 (21) "Wireless communication service" means wireless data and telecommunications services, including
7 commercial mobile services, commercial mobile data services, unlicensed wireless services, and
8 common carrier wireless exchange access services,as defined by federal laws and regulations.
9 (22) "Substantially change the physical dimensions" means:
10 (a) The installation or mounting of wireless services equipment on an existing support structure that would
11 increase the overall height of the structure by more than ten percent, or twenty feet. whichever is greater
12 provided that any such increase in height must conform to the provisions of this chapter; or
13 (b The installation or mounting of equipment that would involve adding an appurtenance to the body of
14 the structure that would protrude from the edge of the structure more than twenty feet or more than the
15 width of the structure at the level of the appurtenance, whichever is greater; Provided, that in making
16 determinations as to whether or not project proposals constitute a substantial change as described in (a)
17 or(b) above, and in order to limit incremental and cumulative effects concerning the overall size of such
18 facilities, measurements shall be taken to establish a base line for determining whether or not proposed
19 changes constitute a substantial change; such measurements shall be taken from the dimensions of the
20 existing facility as it was approved and constructed under the original building permit issued by Whatcom
21 County.
22
23 20.13.030 Applicability—Exemptions.
24 The requirements of this chapter shall apply to all new personal wireless communications facilities and
25 the expansion and/or alteration of any existing personal wireless communications facilities. The following
26 are exempt from the provisions of this chapter:
27 (1) Satellite earth stations using antenna(s) not more than two meters in diameter in commercial and
28 industrial districts and direct-to-home satellite services.
29 (2) Send and receive citizen band radio antennas or antennas operated by federally licensed amateur
30 ("ham") radio operators.
31 (3) Industrial, scientific and medical equipment using frequencies regulated by the FCC.
32 (4) Military and government radar antennas and associated communication towers used for navigational
33 purposes as regulated by the FCC under 47 Congressional Federal Register Parts 97 and 95
34 respectively.
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1 (5) Military and federal, state and local government communications facilities used for emergency
2 preparedness and public safety purposes.
3 (6) Normal, routine and emergency maintenance and repair of existing wireless communications facilities
4 and related equipment which do not increase the size, footprint or bulk of such facilities and which
5 otherwise comply with the county, state, and federal law and regulations. Provided, that compliance with
6 design and development standards of this chapter is maintained. (Ord 2000-00g-§1, 2000)
7 20.13.040 Permitted Uses.
8 The following uses shall be considered permitted uses and shall comply with federal, state, and local laws
9 and regulations and the provisions of this chapter: the following uses shall also be subject to
10 environmental review under the State Environmental Policy Act(SEPA), unless categorically exempt.
11
12 (1) Replacement construction:
13 In all districts: Replacement of any component of an existing freestanding or attached wireless
14 communication facility, and/or replacement of any component of an existing ancillary equipment facility on
15 existing, approved and conforming sites; provided that such replacement does not increase the total
16 number of components lawfully existing on the site at the time of application for such replacement
17 construction, and further provided that such replacement construction does not"substantially change the
18 physical dimensions" of the individual components being replaced as defined in WCC 20.13.020(22).
19 Determinations made as to whether or not replacement proposals substantially change the physical
20 dimensions of existing facilities shall be made by the administrator, as follows
21 (a) The applicant or applicant's agent must submit documentation to the administrator that
22 demonstrates that replacement construction proposals do not substantially change the physical
23 dimensions of such facilities as defined in WCC 20.13.020(22). Examples of such documentation
24 may include specification sheets and/or area calculations for both the existing and proposed
25 replacement equipment. Such documentation must be submitted at the time of pre-application
26 interview for the required commercial building permit(s).
27
28 (b) The applicant or applicant's agent must also submit documentation to the administrator
29 demonstrating that replacement construction meets Federal Communication Commission (FCC]
30 Emission Standards (as applicable). Such documentation must be submitted at time of application
31 for the required commercial building permit(s).
32
33 (2) New antenna or new antenna array construction:
34 In all districts: New antennas or new antenna arrays may be constructed on or added to existing.
35 attached or freestanding wireless communication facilities on existing, approved and conforming sites;
36 provided that such new antennas or antenna arrays do not"substantially change the physical dimensions"
37 of such facilities, as defined in WCC 20.13.020(22);
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1
2 Determinations made as to whether or not new construction proposals substantially change the physical
3 dimensions of existing facilities shall be made by the administrator, as follows•
4
5 (a) The applicant or applicant's agent must submit documentation to the administrator that
6 demonstrates that the proposed new antenna or new antenna array construction does not
7 substantially change the physical dimensions of such facilities. Examples of such documentation
8 may include specification sheets and/or area calculations for both the existing and the_proposed
9 new equipment. Such documentation must be submitted at the time of pre-application interview for
10 the required commercial building permit(s),
11
12 (b) The applicant or applicant's agent must also submit documentation to the administrator that
13 demonstrates that any new antenna(s) meet Federal Communication Commission (FCC) Emission
14 Standards (as applicable). Such documentation must be submitted at time of application for the
15 required commercial building permit(s).
16
17 20.13.050 Administrative Approval Uses
18 The following uses are considered administrative approval uses and shall require a Wireless
19 Communication Facility (WCF) permit in accordance with WCC 20.84 and WCC 2.33,and shall be
20 subject to a threshold determination in accordance with the Whatcom County SEPA Ordinance unless
21 categorically exempt; provided that WCF permit proposals located in nonresidential related districts shall
22 be exempt from the public noticing requirements found in WCC 2.33— Permit Review Procedures.
23 Uses described in this section must comply with county, state, and federal law and regulations and all
24 applicable provisions of this chapter. The administrator may refer an application for a WCF Permrt to a
25 technical review committee for its review prior to making a decision on the application.
26 (1) Wireless Communication Facility (WCF) permit
27 New freestanding wireless communication support structures, new antennas or antenna arrays on
28 existing freestanding or attached wireless communication structures on existing approved and conforming
29 sites, and new attached wireless communication facilities that substantially change the physical
30 dimensions of a facility as defined in WCC 20.13.020(22) may be approved by the administrator through
31 issuance of a WCF permit, subject to a required commercial building permit. Prior to application approval.
32 the applicant or applicant's agent must also submit documentation to the administrator that demonstrates
33 that any new antenna(s) meet Federal Communication Commission (FCC) Emission Standards (as
34 applicable).
35 (a) New freestanding wireless communication support structures:
36 () New freestanding wireless communication support structures ( €attice towers or monopole towers) may
37 be collocated or clustered on existing, approved and conforming wireless communication facility sites in
38 the following residential related districts: Rural, Residential Rural, and Rural Residential Island.
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1 (ii) New freestanding wireless communication support structures( monopoles only). may be collocated or
2 clustered on existing, approved and conforming wireless communication facility sites in the following
3 residential related districts Urban Residentialk_Urban Residential Medium, Urban Residential Mixed,
4 Neighborhood Commercial, and Eliza Island; provided that the site does not also contain residential uses.
5 (iii) Monopoles that are permitted as a WCF may exceed the height limits of the underlying residential
6 related zone by 15 feet; provided, the applicant demonstrates that the structure's height is the minimum
7 necessary to adequately function, or if collocation is specifically provided for on the tower. The additional
8 15 feet for collocation may be added to the 15 feet necessary for adequate function for a total of 30 feet in
9 the event both situations pertain.
10 (iv) In all nonresidential districts: New freestanding wireless communication support structures (lattice
11 towers or monopole towers) may be collocated or clustered on approved and conforming sites: provided
12 that the height of such structures shall be subject to requirements of WCC 20.13.092(9)(b), and provided
13 further that the height does not exceed 150 feet. Additional height may be approved only by special
14 exception as provided in WCC 20.13.110.
15 (b) New attached wireless communication facilities:
16 New attached wireless communication facilities may be approved by the administrator through issuance
17 of a WCF Permit, and subject to a required commercial building permit(s), as provided below.
18 (i) In all residential districts: New attached wireless communication facilities or new antennas attached to
19 existing attached wireless communication structures that utilize a nonresidential structure on a parcel or
20 lot not used primarily for residential purposes; provided,the antenna is not more than 15 feet above the
21 roof or parapet wall or top of structure{if not a building). Installation of dish antennas on the roof of an
22 attached wireless communication structure may be permitted as a WCF permit if the applicant
23 demonstrates to the administrator that such proposal satisfies the special exception criteria pursuant to
24 WCC 20.13.110.
25 (ii) In all non-residential related districts: Ground mounted dish antennas may be located on existing
26 approved, conforming sites, provided that the site is not used exclusively for residential purposes.
27 (iii) In all residential related districts: Ground mounted dish antennas may be located on existing
28 approved, conforming sites, provided that the site is not used exclusively for residential purposes and the
29 antenna is not more than 15 feet above ground level nor more than 12 feet in diameter.
30 (c) New antennas or antenna arrays on existing freestanding wireless communication facilities or existing
31 attached wireless communication facilities on existing, approved and conforming sites; may be approved
32 by the administrator through issuance of a WCF Permit, and subject to required commercial building
33 permit(s):
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1 Li) In all nonresidential districts: New antennas or antenna arrays may be added to existing freestanding
2 wireless communication support structures on existing approved and conforming sites, provided that the
3 height of such new antennas or antenna arrays shall not extend more than 15 feet above the attachment
4 device.
5 (ii) In all residential districts: New antennas or antenna arrays may be added to existing freestanding
6 wireless communication support structures on approved and conforming sites: provided that the height of
7 such new antennas or antenna arrays shall be subject to the requirements of WCC 20.13.092(9)(b).
8 (iii) In all residential districts: New antennas on existing attached wireless communication structures that
9 utilize a nonresidential structure on a parcel or lot not used primarily for residential purposes; provided.
10 the antenna is not more than 15 feet above the roof or parapet wall or top of structure (if not a building).
11 Installation of dish antennas on the roof of an attached wireless communication structure may be
12 permitted as a WCF permit if the applicant demonstrates to the administrator that such proposal satisfies
13 the special exception criteria pursuant to WCC 20.13.110.
14 (iv) In all nonresidential related districts: New antennas attached on existing attached wireless
15 communication structures that utilize a nonresidential structure on a parcel or lot not used primarily for
16 residential purposes; provided, the antenna is not more than 15 feet above the roof or parapet.
17 (2)Ancillary Equipment Facilities
18 (a) New ancillary equipment facilities or replacement construction that substantially increases the physical
19 dimensions of an existing facility as defined in WCC 20.13.020(22), may be permitted on existing
20 approved, conforming sites as an Ancillary Equipment Facility (AEF) under the scope of a WCF permit.
21 Such structures include cabinets, shelters, remodeled structures, pedestals and other similar structures.
22 Ancillary equipment may include air conditioners, emergency generators, and GPS units. Installation of
23 such ancillary equipment when included in the scope of a WCF permit shall conform to original time
24 frames for completion set by the administrator, or as further amended by the administrator.
25 20.13.060 Conditional Uses.
26 (1) The following uses shall require conditional use permit approval by the hearing examiner, and shall be
27 processed in accordance with WCC 20.84 and WC.0 2.33 and shall be subject to a threshold
28 determination in accordance with the Whatcom County SEPA Ordinance, unless categorically exempt.
29 Such uses shall comply with county. state, and federal law and regulations and all applicable provisions
30 of this chapter. The applicant or applicant's agent must also submit documentation to the administrator
31 that demonstrates that any new antennas meet Federal Communication Commission (FCC) Emission
32 Standards (as applicable). The administrator may refer an application for a conditional use to a technical
33 review committee for review and comment prior to referring the application to the hearing examiner for a
34 decision.
35 (a) New freestanding wireless communication facilities:
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1 (i) In all nonresidential related districts: New freestanding wireless communication facilities that utilize
2 lattice tower or monopole wireless communication support structures: provided that the height of such
3 structures shall be subject to the requirements of WCC 20.13.092(91(b), and further provided that the
4 height does not exceed 150 feet. Additional height may only be approved by special exception as
5 provided in WCC 20.13.110.
6 (ii) New freestanding wireless communication facilities that utilize lattice towers or monopole towers in the
7 following residential related districts: Rural, Residential Rural, Rural Residential Island, provided that the
8 height of such structures shall be subject to the requirements of WCC 20.13.092(9)(b).
9 (iii) New freestanding wireless communication facilities that utilize monopole towers only in the following
10 residential districts: Urban Residential, Urban Residential Medium. Urban Residential Mixed,
11 Neighborhood Commercial, and Eliza Island; provided that the site does not also contain existing
12 residential uses, and further provided that the height of such structures shall be subject to the
13 requirements of WCC 20.13.092(9)(b).
14 (b) New Attached Wireless Communication facilities:
15 (i) In all non-residential related districts: New attached wireless communication facilities that utilize a
16 residential structure on a site used exclusively for residential purposes shall require a conditional use
17 permit; provided that the antenna shall not extend more than 15 feet above the roof or parapet.
18 (ii) In all residential districts: New attached wireless communication facilities that utilize an attached
19 wireless communication support structure that is a residential building or on a parcel used exclusively for
20 residential purposes shall require a conditional use permit; provided that the antenna shall not extend
21 more than 15 feet above the roof top (or top of the structure if not a building) and that the requirements of
22 WCC 20.13.092(1) are met. The hearing examiner shall have the authority to restrict the height of the
23 attached antenna to a figure less than 15 feet in order to attain compliance with WCC 20.13.092(1).
24 (2) New ancillary equipment facilities may be permitted under the scope of a conditional use permit, or
25 may be permuted separately as an AEF under a WCF permit pursuant to WCC 20.13.050. Such
26 structures include cabinets, shelters, remodeled structures, pedestals and other similar structures.
27 Ancillary equipment may include air conditioners, emergency generators, and GAS units. Installation of
28 such ancillary equipment when included in the scope of a conditional use permit shall conform to original
29 time frames for completion set by the hearing.examiner. or as further amended by the hearing examine:
30 20.13.040-070 Nonconforming uses and structures.
31 Freestanding and attached Wigs-wireless communications facilities, and ancillary equipment facilities
32 in operation as of the effective date of the ordinance codified in this chapter or amendment hereto,
33 including vested applications for such facilities, that do not conform to the use standards or development
34 I standards of this chapter - - •- --- e"- - "e •e•-e• _ ".•e - - -'e shall be subject to the provisions
35 of Chapter 20.83 WCC governing nonconforming uses. Routine maintenance on existing towers and
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1 antennas is permitted as provided in WCC 20.13.030(6)WCC 20.13.030(6). However, any new
2 construction other than routine maintenance on existing non-conforming towers, antennas, buildings or
3 other facilities shall comply fully with the requirements of Chapter 20.83 WCC governing nonconforming
4 uses, and this chapter. (Ord. 2000 006 § 1, 2000).
5 20.13.080 Prohibited Locations.
6 (a) New attached antennas or antenna arrays shall not be mounted, installed or affixed to a single family
7 residence, duplex or their accessory structures; this prohibition shall not apply to residential structures
8 such as multi-family housing. condominiums apartment buildings, hotels, rooming houses, and their
9 appurtenant structures, such as parking garages, and storage buildings.
10 (b] New freestanding wireless communication support structures (lattice towers)are prohibited in Urban
11 Residential, Urban Residential Medium, Urban Residential Mixed, Neighborhood Commercial, and Eliza
12 Island districts.
13 (c) New freestanding wireless communication support structures (monopole towers and ground level
14 dishes) are prohibited in Urban Residential, Urban Residential Medium. Urban Residential Mixed,
15 Neighborhood Commercial, and Eliza Island districts on sites that also contain residential uses.
16 (d) New support structures are prohibited on lands within the jurisdiction of the Whatcom County
17 Shoreline Program. (Ord. 2011-013 § 2 Exh. B. 2011: Ord. 2000-006 § 1, 2000).
18 20.13.050-085 Siting priorities .
19 (1)-In reviewing applications for new freestanding wireless communication facilities, and new attached
20 wireless communication facilities, -the approving authority shall evaluate the proposal in relationship to
21 the following siting priorities . Unless the facility will be located at the highest
22 priority location, the applicant shall demonstrate that:
23 (a)=None of the higher priority locations are available; or
24 (b) -If one is available it is not a feasible location for the proposed facility; or
25 (c)_-If feasible, the location is less desirable than the one proposed from the standpoint of
26 minimizing impacts on surrounding land uses.
27 (2)._-For the purpose of this se chapter:
28 (a)-Residential related districts shall include Urban Residential (UR), Urban Residential Medium
29 (URM), Urban Residential Mixed (UR-MX), Eliza Island (El), Neighborhood Commercial (NC),
30 Rural Residential Rural (RR), Rural Residential Island (RR-I), and Rural (R) Districts;
31 (b)=Non-residential related districts include:
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1 (i) Commercial districts L including Rural General Commercial (RGC), General
2 Commercial (GC), Resort Commercial (RC) and Tourist Commercial (TC)Districts-Districts and
3 GRIT
4 (s)(ii)-Industrial districts shall-includeincludinq Heavy Impact Industrial (HII), Light Impact
5 Industrial (LII), Gateway Industrial (GI), Rural Industrial and Manufacturing (RIM), General
6 Manufacturing (GM), Airport Operations (AO) and the Cherry Point Industrial District(CP-ID);
7 and
8 (d)(iii)-Resource districts shall -including Agriculture (AG), Commercial Forestry (CF),
9 Rural Forestry (RF) and Recreation Open Space (ROS).
10 (3),-Siting Priorities. Listed in descending order with the highest priority first:
11 (a)-Collocated attached--antennas on attached wireless communication structures that are
12 nonresidential buildings and structures,including-and collocated antennas on existing
13 freestanding wireless communications towers in nonresidential related districts.
14 'I (b)=Collocated attached antennas on attached wireless communication support structures that
15 f are nonresidential buildings and structures,.ncluding, and -collocated antennas on existing
16 freestanding wireless communications towers in residential related districts on property not used
17 exclusively for residential purposes.
18 (c)Attached antennas New antennas on attached wireless communication structures such as
19 nonresidential buildings and structures in nonresidential related districts.
20 (d)-New freestanding wireless communication support structures at inremote, low visual impact
21 locations in resource and industrial districts.
22 (e),-New Attached antennas on attached wireless communication facilities that utilize
23 nonresidential buildings and structures in residential related zones on property not used
24 exclusively for residential purposes.
25 (f)-New freestanding wireless communication support structures at low visual impact locations in
26 commercial districts.
27 (g)=Locations other than those listed above.
28 ('l) Prohibited Locations.
29 .... - - - . . .- ' •' - --
30 Shoreline Program. (Ord. 2011 013§2 Exh. B, 2011; Ord. 2000 006 § 1, 2000).
31 20.13.060-090 Design and development standards.
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1 -.091 Design and Development Standards. The development standards set forth below shall apply to
2 all wireless communications facilities. These developments standards are minimum standards and shall
3 be in addition to any development standards or project review process which applies in the underlying
4 district in which a wireless communication facility is located. In the event of a conflict between the
5 provisions of this chapter and the general development standards of this title, or the project review
6 process, the more stringent provision shall govern; provided, that where a provision of this chapter is the
7 more specific in its application to wireless communication facilities that provision shall prevail regardless
8 of stringency.
9 (1)Anti-Climbing Devices. All freestanding and attached communications support structures and
10 required fencing shall be equipped with appropriate anti-climbing devices.
11 (2)-Attachment to Trees Prohibited. It is prohibited to attach any wireless communication facility or portion
12 thereof to any tree.
13 (3) Signage. All freestanding and attached wireless communications support structures shall be identified
14 with ana nonilluminated sign not exceeding four square feet. The sign shall list the wireless service
15 provider's name and emergency telephone number and shall be posted in a place visible to the general
16 public. No advertising signs shall be located on support structures or antennas, however arrays may be
17 camouflaged as otherwise permitted signs.
18 (4)-Lighting. All freestanding and attached Wireless wireless communications facilities shall not be
19 illuminated except where required by the FAA.
20 (5)-Painting. All freestanding and attached Wireless wireless communications facilities shall be painted or
21 finished in a manner that blends with the dominant color of the background except where otherwise
22 required by the FAA. The applicant and the operator of the facility shall have a continuing duty to maintain
23 such paint or finish.
24 (6)=Noise from Accessory Equipment. Accessory Equipment Facilities shall comply with state noise level
25 standards under Chapter 173-60 WAC, as amended. Generators may only be permitted for emergency
26 operation purposes. If air conditioning or other noise generating equipment is proposed, the applicant
27 shall provide information detailing the expected noise level and any proposed abatement measures. This
28 may require noise attenuation devices or other mitigation measures to minimize impacts.
29 (7)-Copies of deeds or other instruments such as lease agreements and site easements that establish
30 the applicant's right to use the site shall be provided at the time of application. These may be in unsigned
31 final draft form pending the outcome of the approval process. The boundaries of a proposed wireless
32 communications facility site shall be defined in each such instrument in a manner that will provide a land
33 surveyor sufficient information to accurately locate the site boundaries using standard survey methods.
34 (8)=If the proposed site is leased, the terms of the lease shall not restrict the land owner in anyway from
35 leasing other areas of his property to other wireless communications providers with the exception that the
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1 lease may include a provision that any additional facilities so located not materially interfere with the
2 operation of the existing facility.
3 x.092-General Design Standards
4 (1)Attached antennas Antennas that are mounted, installed or affixed to an attached wireless
5 communication support structure - - -- •- -e e-- -- -• -• - -• - - - - -- - -- shall be
6 designed or placed to blend with the, predominant background or architectural features as seen from
7 abutting residential uses, roadways or other public rights of way.
8 (2)When located on buildings, panel antennas shall be placed closely against walls or parapets and not
9 extend above the wall or parapet unless an alternative design is required to a) achieve better compatibility
10 with the building design or b) to obtain antenna function.
11 (3)Accescory Ancillary equipment facility structures shall be placed underground or wholly enclosed in an
12 existing structure or building, or designed to blend into the architecture and landscaping of the
13 surrounding buildings or structures. When equipment boxes are placed at ground level, they shall be
14 screened from view.
15 (4) Ground-mounted dishes shall be located outside any required landscaped area and preferably located
16 in service areas or other less visible locations. They shall be solidly screened to at least as high as the
17 center of the dish when viewed from off the site. Solid screening shall be provided as high as the top of
18 the dish on sides adjacent to residential zones.
19 Roof-mounted dishes shall be solidly screened at least as high as the center of the dish. The screening
20 shall be of a material and design compatible with the building, and can include penthouse screening,
21 parapet walls, or other similar screening. The dish should be placed as close to the center of the roof as
22 possible.
23 (5) Antennas on utility poles shall be limited to whip-antennas that are no more than two feet in length
24 unless the approving authority finds that the visual impact of a longer antenna would not have an
25 appreciable affecteffect on surrounding uses. No more than one whip antenna is permitted per pole. No
26 utility pole shall be extended in height in order to accommodate an antenna. No antenna shall be allowed
27 on light standards.
28 (6) Setbacks Applicable. The following setback standards shall apply to wireless communications
29 facilities:
30 (a)Accessory equipment structures shall comply with the setback requirements for principle
31 nonaccessory structures in the underlying district. An antenna and its attachment device
32 attached to a building or other permanent structures shall comply with the setback requirements
33 for principle nonaccessory structures in the underlying district. Where the setback requirement in
34 the underlying zone is based on the height of the structure, the height used to compute the
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1 setback for the antenna array shall be the height of the structure plus the additional height that
2 will be added by the antenna array and its attachment device.
3 (b)Nonattached Freestanding wireless communications support structures located in a
4 residential related district as set-out described in WCC 20.13.050 20.13.085 shall be set back
5 from any property line by a distance equal to the height of the wireless communications support
6 structure or the setback of the underlying use district, whichever is greater.
7 (c)Nonattached-Freestanding wireless communications support structures located in other than
8 residential related districts shall be set back from any property line abutting or adjacent to a
9 residential related district a distance equal to the height of the wireless communications support
10 structure or the setback of the underlying use district, whichever is greater.
11 (d) Regardless of the district, nonattached-freestanding wireless communications structures shall
12 be setback from dwellings not on the same legal lot, a distance equal to the height of the
13 freestanding wireless communications support structure or the setback of the underlying use
14 district whichever is greater.
15 (e) Setbacks for nonattached-freestanding wireless communications support structures shall be
16 measured from the ground-level base of the structure.
17 (f) The setback requirements for freestanding and attached wireless communication facilities
18 under this chapter may be reduced by the approving authority subject to the satisfaction of the
19 special exception criteria in WCC 20.13.110.
20 (7) In the event that a new freestanding or attached wireless communications facility is proposed on land
21 zoned agriculture or in an agriculture overlay zone and the land is otherwise suitable for agricultural use,
22 the facility shall be located and maintained so as not to interfere with current agricultural activities or the
23 potential future use of the site for agricultural activities.
24 (8) Screening Standards. Freestanding and attached Wireless-wireless communications facilities shall be
25 subject to the following standards for visual screening.
26 (a) The perimeter of the wireless communication support structure and any guyed wires and
27 anchors shall be enclosed by a fence or wall at least six feet in height. A row of evergreen
28 shrubs, spaced not more than five feet apart and capable of growing to form a continuous hedge
29 at least five feet high within five years of planting, and at least one row of evergreen trees or
30 shrubs spaced not more than 10 feet apart nor less than six feet high when planted shall be
31 installed outside and adjacent to the fence.
32 (b) Landscape material used for screening should be selected and sited to produce a hardy and
33 drought-resistant landscape area. Native plant materials are preferred.
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1 (c) Maintenance of landscaped areas shall be the responsibility of the applicant and/or operator
2 of the facility. Required landscaping must be maintained in a healthy manner. Trees and shrubs
3 that die must be replaced with healthy in-kind materials such that during the life of the facility the
4 landscaping continues to satisfy the requirements of the permit. Temporary irrigation shall be
5 provided to help ensure survival during the plant establishment period. If the approving authority
6 determined that existing vegetation provided adequate screening without the need for additional
7 landscaping, than no action shall be taken by the applicant or his assigns or successors that
8 would diminish its effectiveness in screening the site. In the event that natural vegetation is
9 removed to the extent that the area required to be screened is made more visible, the operator
10 of the facility shall prepare a revegetation plan and submit the plan to the administrator for
11 review and approval. Upon approval the operator shall implement the plan.
12 (d) The administrator or the hearing examiner as appropriate may approve any combination of
13 existing vegetation, topography, walls, decorative fences or other features instead of
14 landscaping, if they achieve the same degree of screening as the required landscaping. Either,
15 as appropriate, may waive the requirement for the installation of screening for those sides of the
16 facility that are naturally screened so as not to be visible from public streets or adjoining
17 properties.
18 (e) Existing vegetation shall be preserved to the maximum extent practicable.
19 (f)When landscaping is required to be installed a maintenance bond, assignment of funds or
20 other financial guaranty acceptable to the county shall be provided in the amount of 50 percent
21 of the value of the labor and materials. The guaranty shall be in effect for two years from the
22 date of planting.
23 (9) General Height Standards. The following standards shall apply to wireless communications facilities:
24 (a) The height of a freestanding or attached wireless communications facility shall be measured
25 to include the support structure and any antennas proposed to be attached to the structure at the
26 I time of application; provided,provided that a lightning rod, not to exceed 10 feet or FAA required
27 lighting shall not be included in the height measurement.
28 (b) For a nonattached wireless communications facility, the-The height limit on a freestanding
29 wireless communications facility shall be the minimum height necessary for the facility to function
30 satisfactorily provided the height does not exceed height restriction imposed elsewhere in this
31 chapter. The applicant shall provide technical documentation that the height proposed is the
32 minimum necessary. As provided in WCC 20.13.160, the administrator or the hearing examiner
33 may require a third party review of this information.-
34 (c) The height of attached antennas mounted or installed on an attached wireless
35 communication support structure may exceed the height limit of the underlying zone;
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1 I previcleisITprovided that the height does not exceed height restriction imposed elsewhere in this
2 chapter.
3 (10) Parking. Each freestanding and attached wireless communications support structure shall be
4 provided with at least one adjacent parking space or more if needed to accommodate staff. All unstaffed
5 facilities shall have access to parking for maintenance personnel, however such
6 parking may be shared or public parking at the discretion of the county. Staffed facilities shall require one
7 parking space per staff under the standard provisions of the zone in which it is located.
8 _(111)-P-erfornnance--Bond:—The-operator of the facility small obtain and keep in-for ce-thrrughautf-tie-#ime-t e
9 facility-is located on the site a performance bond payable to Whatcom County in the amount of 150
10 pert-of-thre-estimated--cost of-removal--as-detern-Fined-by-the-direetor-but ate-less-tla 1,000. The
11 bond is intended to cover the costs of removal of such facility at such time as the facility may be required
12 to be removed pursuant to WCC 20.13.150.
13 (411) Building and Utility Permits. Approval of a WCF permit does not exempt or otherwise remove any
14 requirements for obtaining building permits and other applicable construction, development or operation
15 related permits, licenses or approvals for the project. It shall be the permittee's responsibility to secure all
16 other necessary permits and approvals prior to beginning work on the installation of the facility. (Ord.
17 2000-006 § 1, 2000).
•
18
19 20 facilities in the county's residential related districts. For the purposes of this section, residential related
21 districts shall include-Urbar+l esidential--((JR), Urban--Residential--Medium (URM).-lJrban Residential Mixed
22 - - - ---- - - "
23 - -•- - - - - - - -
24 {1) Support Structures. •25 _ , ._. - - - e, . - '•
26 -- •- " - e•-- = - - - - - -- - - -•27 -- - - - - , - - - •- - -ee - -- - - - --- - - -- - e•
28 existing-approved and conforrrFi g-aite-nay be permitted through a wireless communications
29 - ' - e- •• _e e__ - - " •- e• - •-•--• - •• •- - ••- - -- - -- - -
30 expansion-of-a--nonconforming use-by-conditional-use-as-provided in W .
31 - - - -
32 -- , - e-• - •--• - - "• - ' " - ---
33 Commercial, and Eliza Island Districts.•34 •• - - - • - --- -e••••-••-- -• ••-• -- - - - e e e - - - -
35 be located on land parcels or lots in Urban Residential, Urban Residential Medium, Urban
17
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Wireless Communication June 25,2014
1
2 residential uses.
3
4 15 feet; provided, the applicant demonstrates the structure's height is the minimum necessary to
5
6 feet for collocation may be added to the 15 feet necessary for adequate function for a total of 30
7 feet in the event both situations pertain.
8 {2)Attached Antennas.
9 - -- - - -10
11 provisions of WCC 20.13.110.
12 13 permit:
14 (i)-Collosatioh-on-an-existing--approved and confirming wireI�o, nication support
15 structure; provided, that no more than 15 feet is added to the height of the facility.
16 Goilocation, ors-pa-ROFIGORforming-site may be-approved-as-an expansion of confoc ning
17 use by conditional-use as provided in WCC 20.83.020.
18
19
20 roof or top of the structure if not a building.
21
22 residential-purposes; provided, the antenna-isnot more than--15-fact in-height above ground
23 love, nor more than 12 feet in diameter.
24 - - - _ --- - - - -25 residential-purposes or attached-to a--residential building, other than--those residential buildings
26 prohibited-in--subsection (1)(a)of this-section, ^gay--be-approved as a.conditional use-provided-the
27 antenna shall not extend more than 15 feet above the roof or top of the structure if not a building
28 j and that the requirements of WCC 20.13.062(1) are met. The hearing examiner shall have the
29 authority to restrict the height of the attached antenna to a figure less than 15 feet in order to
30 attain compliance with WCC 20.13.062(1). (Ord. 2000 006§ 1, 2000).
31
32 -
33 facilities•in.the-courity's-nonresidential-districts. For the purposes-of-t#pis-seotian,-nonreside#ial-related
18
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Wireless Communication June 25, 2014
1 distristsshatlanclude commercial eistr iin_ts__in&istrial-distrots-and resource-districts•each as-•descri-bed-i
2 WCC 20.13.050.
3 (1) Support Structures.
4 - .... •- -• - -- ••• -- --- - ' - - ' II;
5 "e •- •--- -- - - - -
6
7 Collocation or clustering on a nonconforming site may be approved as an expansion of a
8 nonconforming-use by-son-diiio-Rat-Ise-as-prow ded in WCC-20-83,020--The-height of new sup-port
9 - - '- - - e- - ' -- e "_- "••"• - '. .9 e ' _ e _- - -- •_ - _e_
10 exceed-1-SO feet-Additional Height may only-be-appfaved-ley-spesiat exception as-provided for-in
11 WCC 20.13.110.
12 (2) Attached Antennae
13 - ' • - - - -
14 structures.
15
16 - - - •• -
17
18
19 ..--
20 -
21 -• -- - e- •• . - - --- --• - •• - - - - -=
22 approved as an expansion of ancon€arming use-banditional-use as-provided--in WCC
23 20.83.020.
24 (d)Antennas attached to structures shall not extend more than 15 feet above the roof or parapet.
25
26 2000 006§ 1, 2000).
27 20.13.090-100 Temporary uses.
28 Wifeless-Freestanding or attached wireless communication facilities may be permitted as a temporary use
29 with review by the administrator in order to facilitate continuity in wireless communications service during
30 repair or maintenance of existing wireless communications facilities or prior to completion of construction
31 of new wireless communications facilities. Such temporary wireless communications facilities shalluses
32 shall operate for not more than 60 days at any one location within a six-month period commencing when
33 transmission from such facility begins. The wireless communications facilities-facilitv(s) shall be removed
34 within 30 days after the facility is no longer needed for telecommunications purposes. (Ord. 2000 006§ 1,
35 2000).
19
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Wireless Communication June 25,2014
1
3 conditional use.ermi*�..-:&-required in WCG 20.13.080 and-2-0.13.070, and--shall-be-processed-and
4 apprav-- -- -. - _ - - -. - - -= • •e ice.,e•quirements-shall-be-as follows
6 ehall also be exempt from the public notice requirements of WCC 20.84.235 and Chapter 2.33 WCC.
8 completeness, netice.of.application-and netina ision-as-prGv-Eded-b-y-Chaptec2 333 WCC.
9 10 and-com m,ent-prior to mak+ng-a--decision-on--the-propo al- Ord--2-000-006
11 20.13.110 Special exceptions.
12 When adherence to all development standards of this chapter would result in a physical barrier which
13 would block signal reception or transmission or prevent effective communication in all permissible
14 locations, a special exception may be permitted provided criteria outlined below are met. Exceptions do
15 not apply to variations from the current code as adopted and amended per WCC Title 15, Buildings and
16 Construction. A variance pursuant to Chapter 20.84 WCC is required for variations from applicable zoning
17 regulations not described in this section.
18 The approval authority for granting of the special exception shall be the same as that of that of the
19 authority authorized to approve the permit for the antenna location. A request for a special exception shall
20 be processed in conjunction with the permit approving the antenna location.
21 Upon review of special exception requests, the approval authority shall consider first those standards
22 having the least effect upon the resulting aesthetic compatibility of the antenna or tower with the
23 surrounding environment. The approval authority shall review setback, size, screening requirements, and
24 height limits.
25 (1) Special Exception Criteria.
26 (a) The applicant shall justify the request for a special exception by documenting and providing
27 evidence that the full application of a particular standard or standards of this chapter would result
28 in an obstruction or inability to send and receive a communication signal from the proposed
29 location of the facility and further, that the obstruction or inability to send or receive a signal from
30 that location is the result of factors beyond the property owner's or applicant's control. Pictures,
31 scaled drawings, maps and/or manufacturer's specifications, and other technical information as
32 necessary, should be provided to substantiate the need for the special exception.
33 (b) The applicant for a special exception shall demonstrate that the proposed materials, shape,
34 and color of the antenna will minimize negative visual impacts on adjacent or nearby residential
20
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Wireless Communication June 25, 2014
1 uses to the greatest extent possible. The use of certain materials, shapes and colors may be
2 required in order to minimize visual impacts.
3 (c) Attached aAnv request for a special exception to heights for new antennas that are proposed
4 to be mounted or installed on an attached wireless communication support structure, requestmg
5 a special exception for height shall be reviewed relative to through the same-presess as a
6 sup-part-structure-height limitations set for structures in the underlying zone district in which the
7 antenna is to be located.
8 (d) Requests for special exceptions for setback reductions shall also be judged based on the
9 following criteria:
10 (i) The extent to which screening and camouflaging will be employed to mitigate the effects
11 of the structure versus the value of the setback in providing such screening.
12 (ii) The need for the setback reduction to facilitate a location or design that better satisfies
13 the criteria of this chapter.
14 (iii)The impact on adjacent properties.
15 (iv) Location in a street right-of-way. (Ord. 2013-057 § 1 (Exh. A), 2013; Ord. 2000-006 § 1,
16 2000).
17 20.13.120 Application requirements and conditions of issuance.
18 Applicants shall submit the following information in addition to standard application materials:
19 (1)A scaled site plan clearly indicating the location of the proposed facility, all other structures and uses
20 on the site, adjacent roadways, proposed means of access, parking, existing and proposed landscaping
21 and setbacks from property lines. Elevation drawings of the proposed tower, the equipment structure,
22 existing structure with proposed antenna, fencing, buffering/screening, type of architectural treatment,
23 and any other feature necessary to show compliance with the applicable standards.
24 (2) Photo-simulations of the proposed facility from adjacent residential properties, public properties and
25 public rights-of-way.
26 (3) Legal description and ownership of the parcel.
27 (4) A valid agreement for collocation on an existing WCF support structure or on an existing building or
28 structure; or a location evaluation study as described in subsection (5) of this section.
29 (5) For new freestanding support structures, a location evaluation study shall be provided as follows.
30 (a) A study shall be provided showing that the structure is required for present and future
31 network coverage, that the height requested is the minimum necessary to provide for the
21
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Wireless Communication June 25, 2014
1 function and potential collocated antennas and why the antennas could not be collocated on an
2 existing structure. In residential zones, the applicant shall provide adequate proof that the facility
3 could not be located in a nonresidential zone.
4 ! (6) The applicant shall submit a letter of credit, performance bond or other security acceptable to the
5 county, as described in WCC 20.13.060(11)20.13.130(4), to cover the future costs of removal of the
6 acility.
7 (7)A report from a licensed professional engineer documenting that:
8 (a) The support structure is designed for collocation of other antennas (if applicable.)
9 (b) The antenna usage will not interfere with other adjacent or neighboring transmission or
10 reception communications signals.
11 (c)The wireless communications facility complies with all applicable standards of the FCC for
12 such facilities including EMF emission standards, if applicable.
13 (8)A projection of the wireless communication facilities which the applicant and/or prospective operator of
14 the facility reasonably antisipatesanticipate will be sited by his company within Whatcom County during
15 the next five years.
16 (S8) Proof of license by the FCC, if applicable
17 (4G9)A copy of the findings from the FAA's Aeronautical Study Determination regarding the proposed
18 wireless communication support structure.
19 (4410) A copy of the instrument that establishes the right of the applicant to use the site for the intended
20 purpose as required in WCC 20.13.061 20.13.091(7).
21 (4211) If the site is a leased site, a copy of lease agreement which specifies or shows that it does not
22 preclude the site owner from entering into leases on the site with other providers. (Ord. 2000-006 § 1,
23 2000).
24 20.13.130 General criteria for issuance of permits.
25 (1) Any applicant for a land use permit(other than a building permit) proposing to install an antenna
26 support structure or mount an antenna on an existing structure shall demonstrate by engineering
27 evidence that:
28 (a) The antenna must be located at the site to satisfy its function in the applisan slecalwireless
29 service provider's local g-system. The county may require the applicant to provide feasibility
30 studies which demonstrate that locations on existing structures and/or in higher priority locations
31 have been explored and are not feasible or available.
22
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Wireless Communication June 25,2014
1 (b)The height requested is the minimum height necessary to fulfill the site's function within the
2 wireless service provider's system.
3 (2) In addition to standard criteria, the authority granting the permit shall find that, unless the facility will be
4 located at the highest priority location as set forth in WCC 20.13.050 20.13.085, the applicant has
5 demonstrated that none of the higher priority locations are available or if one is available it is not a
6 feasible location for the proposed facility; or if feasible is less desirable than the one proposed from the
7 standpoint of minimizing impacts on surrounding land uses.
8 (3) The permit may include requirements which.
9 (a) Minimize visual impacts to the greatest extent possible by maximum feasible use of
10 camouflage or screening, including but not limited to fencing, landscaping, strategic placement
11 adjacent to existing buildings or live or simulated vegetation, undergrounding of accessory
12 equipment structures, incorporation of wireless communications support structures, antennas
13 and other appurtenances into the architectural features of existing buildings or structures and by
14 requiring compatibility with key design elements in the surrounding area; for example, use of
15 brick or other material similar to that used in adjacent buildings or structures, incorporation of
16 support structures into compatible architectural features such as flag poles, bell towers or
17 cornices, or use of simulated vegetation to camouflage support structures.
18 (b) Locate wireless communication facilities so as to minimize the visibility of the facility to
19 residentially zoned land and so as to minimize the obstruction of scenic views from residentially
20 zoned land.
21 (c) Require the mounting of the facility on existing buildings or structures, or use of other,
22 alternatives with less visual, aesthetic or safety impacts, as an alternative to use of a monopole
23 or lattice tower. (Ord. 2000-006 § 1, 2000).
24 (4) Performance Bond or Other Security Acceptable to the County. The operator of the facility shall obtain
25 and keep in force throughout the time the facility is located on the site a performance bond or other
26 security acceptable to Whatcom County payable to Whatcom County in the amount of 150 percent of the
27 estimated cost of removal as determined by the director, but not less than$1,000. The bond is intended
28 to cover the costs of removal of such facility at such time as the facility may be required to be removed
29 pursuant to WCC 20.13.150.
30 20.13.140 Federal requirements.
31 All wireless communications support structures must meet or exceed current standards and regulations of
32 the FAA, the FCC and any other agency of the federal government with the authority to regulate wireless
33 communications support structures and antennas. If such standards and regulations are changed, owners
34 of the freestanding or attached wireless communication support structure, antennas and electronic
35 equipment governed by this chapter shall bring such • - --- -2— -••-- •e' ••"• -- - , -• ••--
23
File# PLN2014-00010
Wireless Communication June 25, 2014
1 facility into compliance with such revised standards and regulations within the
2 compliance schedule of the federal agency. Failure to bring such facilities
3 -•-- -- - •- -•- -• -• - into compliance with such revised standards and regulations shall
4 constitute grounds for the removal of the - - --- --
5 equipment-facility at the owner's expense. {Ord. 2000 006 § 1, 2000).
6 • • - -
7 - - •- _' -- - - - -- _ - e- -e•- _ _- - - - -• - --- -- -
9 developmen servo ice-s-d-irecto-by.certified-J4• --mai4-of the proposed date-of abandonment or
10 discontinuation of.operation_.T-he-owner e-facility-shai!then-remove-the-anterma—w'th days of
11 di-soontinnatian--or-abandonment unless an additional-perod-o tim 's-auhorized--by.thecounty.-In-any
13
14 cc munioaton-support•structure-or antenna ISaituated or--the owner of the wireless comp un-i-cafions
16 -- - -- -
19 OGFIVII4FliGation suppsar stcuctu-r-c, this-provision-shall not become-effective-until-all providers- ease-using
20 the wireless communication support structure. (Ord. 2000 006§ 1, 2000).
21 20.13.150 Removal of antennas and support structures.
22 No less than 30 days prior to the date that a personal wireless service provider plans to abandon or
23 discontinue operation of a facility, the provider must notify the Whatcom County planning and
24 development services director by certified U.S. mail of the proposed date of abandonment or
25 discontinuation of operation. The owner of the facility shall then remove the antenna within 90 days of
26 discontinuation or abandonment unless an additional period of time is authorized by the county. In any
27 case, if the county finds that any antenna or wireless communication support structure has not operated
28 for a continuous period of six months, the owner or lessee of the property
29 saris +ication-support structure or,antenna-is- situated-or-the owner of-the-wireless commun-ication-s
30 antenna or support structure_shall remove the facility within 90 days 36 months of receipt of notice to
31 remove from the county. If the - • -••- -•.- . - - - ..••••-• -- :=_• - -- - - abandoned
32 facility is not removed within said time period, the county may remove the antenna or wireless
33 communication support structure at the owner's expense. If there are two or more wireless
34 communications providers on a single wireless communication support structure, this provision shall not
35 become effective until all providers cease using the wireless communication support structure. (Ofd:
36 2000 006 § 1, 2000).
37 20.13.160 Third party review.
38 Personal wireless service providers use various methodologies and analyses, including geographically-
39 based computer software, to determine the specific technical parameters of their services and low power
24
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Wireless Communication June 25, 2014
1 mobile radio service facilities, such as expected coverage area, antenna configuration, topographic
2 constraints that affect signal paths, etc. Because of the technical nature of methodologies and analyses,
3 the county may find it necessary to require a third party technical review of the material submitted by the
4 applicant as part of a permitting process. The expert review is intended to address interference and public
5 safety issues and be a site-specific review of technical aspects of the facilities or a review of the
6 provider's methodology and equipment used and not a subjective review of the site which was selected
7 by a provider. Based on the results of the expert review, the county may require changes to the provider's
8 application. The expert review shall address the following:
9 (1) The accuracy and completeness of submissions;
10 (2) The applicability of analysis techniques and methodologies;
11 (3) The validity of conclusions reached; and
12 (4)Any specific technical issues designated by the county.
13 In general, and if-thenecessary, the administrator shall consider requiring a third party review of technical
14 information submitted in support of a special exception, and technical information submitted in support of
15 a wireless communication facility proposed at a low priority, high visual impact
16 location.
17 The selection of the-a third party expert shall may-be by mutual agreement between the provider and the
18 county. The cost of the technical review shall be borne by the applicant. {Ord. 2000 006§ '1, 2000)..
19 20.13.170 Appeals.
20 The hearing examiner shall have the authority to decide, in conformity with this chapter, appeals from any
21 order, requirement, permit decision or determination made by an administrative official in the
22 administration or enforcement of this chapter where more than one interpretation is possible; provided,
23 that such appeal shall be filed within 14 days of the action being appealed. The hearing examiner shall
24 hear appeals under this chapter in the same manner as those appeals he has authority to hear under
25 provided in-WCC 20.92.210(2). {Ord. 2000 006 § 1, 2000).
26
27 Chapter 20.97
28 DEFINITIONS
29
30
31 "Wireless-soma it ties'=mea{Ts the site--wireless GGrilr unioatiens-supporttrustu es7
33 provide-GEo€feEwireless-teleGamr -icatie-n -services. Wire# ions,-facilities-includes-but
25
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Wireless Communication June 25,2014
1 are notTi-rnited to-antennas, poles, towers, cables, w4esooncitlits,cables, ducts, pedestals. vaults uildings,
2 - -- - - _ •- - •
- e "e - _••-• . e 9 9 9 9!o - - !!!
3
4 4/-ifeiess-c0, - -: -_ •• -••. •- - -d receiving of radio or rawave-signals-used
5 for communication inol - -- • •• =2 _ _- - nicacns ceniices
6 (PCS),en#anoedlspesial ed-rnobile-cac ia4E- :R► commercial parting services and-any-other
8 services. (Ord. 2000 006 §4, 2000).
9
26