HomeMy WebLinkAboutord2000-006WHATCOM COUNTY COUNCIL AGENDA BILL li 2000 -048
CLEARANCES
Initial
Dale
Date Received in Council
Agenda
Assigned to:
Budget line item numbeds): n/a
Office:
date
Originator: PlanningB Develop
11��t
Y`V
10/29/99
1 /11 /00
Introduction
Division Head: Sylvia GOOtlwin
1/25/00
P 5 D / Council
Dept. Head: Michael Knapp
Prosecutor: David Grant
Purchasing /Budget:
Executive'. Pete Kremen
SUBJECT: Ordinance establishing new siting requirements for the placement of wireless communication
facilities in Whatcom County.
ATTACHMENTS:
1. Recorded Motion - Planning Commission
2. Planning Commission Record of proceedings September 23, 1999 Public Hearing
3. Staff Report File # ZON99 -00019 - Cell Tower Regulations.
SUMMARY STATEMENT: Please complete sections of box as appropriate 6 explain
the item below.
This ordinance is in response to a County Council initiated emergency amendment request which
accompanied an emergency development moratorium on certain types of personal communication facility
applications (Ordinance No. 99 -041). Ordinance No. 99 -041 was adopted August 10, 1999 as an
emergency measure to restrict the placement of cell towers within residential zoning districts or within
1,000 feet of a residence in all other zoning districts. A subsequent action (Ordinance No. 99 -049) was
adopted August 28, 1999 to extend the original development moratorium to allow sufficient time for the
Planning Agency to develop a proposal establishing new siting requirements for the placement of wireless
communication facilities in Whatcom County.
Attached is an ordinance that contains the Planning Agency's proposal to amend Title 20 by adding a new
chapter which provides siting priorities and requirements for the siting of wireless communication facilities.
The proposal amends other pertinent sections of Title 20, including the definition section (WCC 20.97).
Related County contract #: n/a
Should Clerk schedule a heading? NO / YES / / Requested date:
Amount budgeted for this Item/project: $ n/a
Is it (or will it be) within budget? YES /—/ NO /_/ (Please explain below)
We
Budget line item numbeds): n/a
ORIGINATOR'S RECOMMENDED ACTION:
The Director of Department of Planning and Development Services recommends adoption of Ord N0.
99 adopting permanent siting criteria and development standards to address the siting of
wireless communication facilities.
COMMITTEE ACTION TAKEN:
COUNCIL ACTION TAKEN:
200-48 1111/2000: Introduced ,
1/2512000: Amended and adopted 7 -0, Ord. #2000 -006
R Resolution Nu ber (this item only):
ORD. W2inM •opb
SPONSORED BY: Connie Hoag /Barbara Brenner
PROPOSED BY: Michael Knapp/Kraig Olason
INTRODUCTION DATE: 1/11/00
ORDINANCE # 2000 -006
ESTABLISHING SITING CRITERIA AND DEVELOPMENT STANDARDS FOR
WIRELESS COMMUNICATIONS FACILITIES.
WHEREAS, the County Council previously adopted Title 20- Zoning of Whatoom
County Code which regulates land use within unincorporated areas of Whatoom County;
and
WHEREAS, the County Council adopted the Whatcom County Comprehensive
Plan on May 20, 1997, which contains goals, objectives and policies regarding land use
compatibility and environmental considerations; and
WHEREAS, the increasing use of cellular telephones, new wireless
communications and increased federal licensing of communication channels has created
a significant increase in the number of applications for land use permits for the siting of
cellular towers, cell sites and antennae, and other facilities necessary for wireless
services communication facilities including facilities for the transmission and reception of
radio or microwave signals used for said communication (hereafter, "wireless
communications facilities ") that is expected to continue indefinitely; and
WHEREAS, the land use regulations currently in effect in the County do not
provide sufficient definitive criteria with which the County can address the concerns of
County residents and properly evaluate and condition the siting of wireless
communications facilities; and
WHEREAS, Whatcom County enacted an emergency moratorium (Ordinance #
99 -041) on the filing and processing of applications of land use permits for wireless
communications facilities within residential zoning districts and within 1,000 feet of any
residence in all other zoning districts for all new applications received after the effective
date of Ordinance #99 -041 (August 11, 1999) pursuant to the requirements of Whatcom
County Charter, Article 2.40; and
WHEREAS, Whatcom County extended the emergency moratorium an additional
180 (Ord. # 99 -049, September 28, 1999) as provided by RCW 36.70.795 to allow the
Planning Agency time to prepare permanent wireless communications facility
regulations; and
WHEREAS, Ordinance No. 99 -041 and No. 99 -049 initiated "Emergency Zoning
Amendment" process to develop and establish Countywide siting and development
standards for the placement of wireless communications facilities; and
WHEREAS, The proposal adds a new chapter and additional amendments to
Title 20 (the zoning code); and
WHEREAS, The Deputy SEPA Official for Whatcom County issued
determinations of non - significance on September 20, 1999; and
WHEREAS, Pursuant to RCW 36.70.590, legal notice was published in the
Bellingham Herald on September 7, 1999; and
WHEREAS, The Planning Commission held a public hearing on the proposed
amendments on September 23, 1999, and considered all testimony; and
WHEREAS, The Planning Commission has evaluated the merits of the
amendments in relationship to the County Wide Planning Policies and the goals, policies
and objectives of the Comprehensive Plan, as required by WCC 20.90.070 and
recommended approval of the amendments, as shown on attached Exhibits 1;
WHEREAS, The County Council has reviewed and adopted the following
Findings and Conclusions recommended by the Planning Commission:
FINDINGS
1. The proposal is to adopt a new chapter in Title 20 for the purpose of regulating
location, placement and design of wireless communications facilities.
2. The proposed regulations are consistent with and support the goals and policies
of the comprehensive plan and the Growth Management Act.
3. The proposed regulations are not inconsistent with the Countywide Planning
Policies and with existing interlocal agreements.
4. The new regulations would not appreciably affect the distribution or growth of the
county's population and employment nor would the regulations affect the
conversion of land to any significant degree.
5. The new regulation concerning wireless communications facilities would not
directly affect critical areas or resource lands nor would they result in a change in
the regulations currently affecting critical areas or resource land.
6. There are no other anticipated impacts of this proposal on the goals or policies of
the comprehensive plan than those identified above.
CONCLUSION
Based upon the above analysis and findings and supporting attachments, the County
Council concludes that the proposed regulations meet the necessary criteria for approval
and further that a new chapter 20.13 regulating wireless communications as well as the
additional amendments to title 20 which are necessary to facilitate the adoption of this
new chapter is in the public interest.
NOW THEREFORE, THE WHATCOM COUNTY COUNCIL, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1.
Title 20 is hereby amended as shown in the attached Exhibit 1.
Section 2.
The development moratorium as defined by Ordinance No. 99 -041. and 99 -049
shall be repealed as of the effective date of this Ordinance.
Section 3.
Adjudication of invalidity of- any _of the sections, clauses, or provisions of the
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 25th day of January 92000
�. .. �. Comicil Clerk
TPROED as to form:
Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY,
WASHINGTON
Marlene Dawson, Chairperson
(YApDroved O Denied
ete Kremen, Executive
Date: d —d-00
ATTACHMENT #1
WIRELESS COMMUNICATION FACILITIES
CONTENTS
20.13.010
Purpose
20.13.020
Definitions
20.13.030
Applicability /Exemptions
20.13.040
Nonconforming Uses and Structures
20.13.050
Siting Priorities and Prohibited Locations
20.13.060
Development and Design Standards
20.13.070
Additional Standards for Residential Related Districts
20.13.080
Additional Standards for Non - Residential Related Districts
20.13.090
Temporary Uses
20.13.100
Wireless Communication Facility Permit
20.13.110
Special Exceptions
20.13.120
Application Requirements and Conditions of Issuance
20.13.130
General Criteria for Issuance of Permits
20.13.140
Federal Requirements
20.13.150
Removal of Antennas and Support Structures
20.13.160
Third Party Review
20.13.170
Appeals
20.13.010 Purpose
The purpose of this chapter is to set forth the regulations for the placement,
development, permitting, and removal of personal wireless communications facilities
including support structures and antennas. These standards were developed to comply
with the Federal Telecommunications Act of 1996. They are intended to protect property
values and minimize visual impact while furthering the development of enhanced
telecommunication services in the county.
The provisions of this Chapter are not intended to and shall not be interpreted to prohibit
or to have the effect of prohibiting personal wireless services. This Chapter shall not be
applied in such a manner as to discriminate between providers of functionally equivalent
personal wireless services.
In reviewing an application to provide personal wireless service or to install personal
wireless service facilities, the County shall act within a reasonable period of time, taking
into account the nature and scope of the application and the required notice and
necessary review process. Any decision to deny an application shall be in writing,
supported by substantial evidence contained in a written record.
20.13.020 Definitions
As used in this chapter, the following terms shall have the following meaning. Other
words and terms shall have the meaning assigned to them by WCC 20.97 or if not
defined in this chapter or WCC 20.97, the meaning customarily assigned to them.
(1) "Administrator' means the Director of Planning and Development Services or his
designee.
(2) "Amateur or "ham" radio means radio facilities operated for non - commercial purposes
by individuals licensed by the FCC with an interest in construction and operation of radio
equipment, usually as a hobby or vocation.
(3) "Ancillary Equipment Facility" (AEF) means an unstaffed structure used to contain
ancillary equipment for a WCF. Such structures include cabinets, shelters, remodeled
structures, pedestals and other similar structures. Ancillary equipment may include air
conditioners and emergency generators.
(4) "Antenna Array" means any system of poles, panels, rods, reflecting discs or similar
devices used for the transmission or reception of radio frequency signals. An Antenna
Array can be made up of one or more antennas including but not limited to the following:
(a) Directional antenna (also known as a panel antenna) which transmits signals in a
directional pattern of less than 360 degrees.
(b) Omni - directional antenna (also known as a whip antenna) which transmits signals in
a 360 degree pattern.
(c) Parabolic antenna (also known as a dish antenna) which is a bowl shaped device
that receives and transmits signals in a specific directional pattern (e.g. point -to- point).
(5) "Attached wireless communications facility" means an antenna array that is attached
to an existing building or structure (Attachment Structure), which structure shall include
but not be limited to utility poles, signs, and water towers, together with any
accompanying pole or device (Attachment Device) which attaches the Antenna Array to
the existing building or structure, transmission cables, and an Ancillary Equipment
Facility which may be located either inside or outside of the attachment structure.
(6) "Citizens band radio" means two -way radio facilities operated for short-range
personal and business communications, without necessity of a federal license, pursuant
to 47 Congressional Federal Register Part 95.
(7) "Clustering" means the placement of more than one wireless communication support
structure on a single site either by one provider or by several different providers.
(8) "Collocation" means the use of a single wireless communications support structure
by more than one wireless communications provider or the use of a site by more than
one wireless communications provider.
(9) "Direct -to -Home Satellite Service" means the distribution or broadcasting of
programming or services by satellite directly to the subscriber's premises without use of
ground receiving or distribution equipment, except at the subscriber's premises or in the
uplink process to the satellite.
(10) "FAA" means the Federal Aviation Administration.
(11) "FCC" means the Federal Communications Commission
(12) "Personal Wireless Communications Services" means wireless communications
services.
(13) "Satellite Earth Station" means the facilities used for reception and processing of
programming services from a satellite prior to transfer to terrestrial distribution systems
or for processing of programming and services from a terrestrial source before
transmission via satellite.
(14) "Site." For the purpose of this chapter, site means a building, structure, leased area
in compliance with the provisions to Whatcom County subdivision regulations, site
easement area or lot of record upon which a wireless communications facility is or will be
located.
(15) "Unlicensed Wireless Services" means commercial mobile services that operate on
public frequencies and do not need a FCC license.
(16) "Wireless Communications Facilities" (WCF) means the site, wireless
communications support structures, antennas, accessory equipment structures, and
appurtenances used to transmit, receive, distribute, provide or offer personal wireless
communications services. Wireless communications facilities include, but are not limited
to antennas, poles, towers, cables, wires, conduits, ducts, pedestals, vaults, buildings,
and electronic switching equipment.
(17) "Wireless Communications Service" means the sending and receiving of radio or
microwave signals used for communication, including, but not limited to cellular
telephone, personal communications services (PCS), enhanced /specialized mobile radio
(ESMR), commercial paging services, and any other technology which provides similar
wireless services licensed by the FCC and unlicensed wireless services.
(18) "Wireless Communications Support Structure means a structure designed and
constructed to specifically support an Antenna Array, and may include but is not limited
to any of the structures listed below. Any device (Attachment Device) which is used to
attach an Attached WCF to an existing structure (Attachment Structure) is excluded from
this definition.
(a) "Lattice tower" means a wireless communications support structure which consists of
a network of vertical and horizontal supports and crossed metal braces, forming a tower
which is usually triangular or square in cross - section.
(b) "Monopole tower" means a wireless communications support structure consisting of a
single pole to support antennas and connecting appurtenances.
(c) "Guyed tower" means any variety of wireless communication support structures using
wire guys connecting above grade portions of a communication support structure
diagonally with the ground or the structure on which the tower is placed. The purpose of
the wire guys is to provide support for wireless communications towers, antennas, and
connecting appurtenances.
20.13.030 Applicability/ Exemptions
The requirements of this chapter shall apply to all new personal wireless
communications facilities and the expansion and /or alteration of any existing personal
wireless communications facilities. The following are exempt from the provisions of this
chapter:
(1) Satellite earth stations using antenna(s) not more than two (2) meters in diameter in
commercial and industrial districts and direct -to -home satellite services. .
(2) Send and receive citizen band radio antennas or antennas operated by federally
licensed amateur ( "ham ") radio operators.
(3) Industrial, scientific and medical equipment using frequencies regulated by the FCC.
(4) Military and government radar antennas and associated communication towers used
for navigational purposes as regulated by the FCC under 47 Congressional Federal
Register Parts 97 and 95 respectively.
(5) Military and federal, state and local government communications facilities used for
emergency preparedness and public safety purposes.
(6) Normal, routine and emergency maintenance and repair of existing wireless
communications facilities and related equipment which do not increase the size, footprint
or bulk of such facilities and which otherwise comply with the county, state, and federal
law and regulations.
20.13.040 Nonconforming Uses and Structures.
Wireless communications facilities in operation as of the effective date of the ordinance
adopting this chapter or amendment hereto, including vested applications for such
facilities, that do not conform to the use standards or development standards of this
Chapter are hereby declared nonconforming uses and shall be subject to the provision
of WCC 20.83 governing nonconforming uses. Routine maintenance on existing towers
and antennas is permitted as provided in WCC 20.13.040(6). However, new construction
other than routine maintenance on existing towers, antennas, buildings or other facilities
shall comply with the requirements of this Chapter.
20.13.050 Siting Priorities and Prohibited Locations.
In reviewing applications for new wireless communication facilities the approving
authority shall evaluate the proposal in relationship to the following siting priorities and
prohibited locations. Unless the facility will be located at the highest priority location, the
applicant shall demonstrate that 1) none of the higher priority locations are available or;
2) if one is available it is not a feasible location for the proposed facility: or 3) if feasible,
the location is less desirable than the one proposed from the standpoint of minimizing
impacts on surrounding land uses. For the purpose of this section:
1) Residential Related districts shall include Urban Residential (UR), Urban
Residential Medium (URM), Urban Residential Mixed (UR -MX), Eliza Island (EI),
Neighborhood Commercial, (NC) Rural Residential (RR), Rural Residential Island (RR-1),
and Rural (R) Districts;
2) Commercial Districts shall include General Commercial (GC), Resort
Commercial (RC) and Tourist Commercial (TC) districts only; 3) Industrial Districts shall
include Heavy Impact Industrial (Hit), Light Impact Industrial (LII) Gateway Industrial
(GI), General Manufacturing (GM), Airport Operations (AO) and the Cherry Point
Industrial District (CP -ID) and 4) Resource Districts shall include Agriculture (AG),
Commercial Forestry (CF), Rural Forestry (RF) and Recreation Open Space (ROS).
(1) Siting Priorities. Listed in descending order with the highest priority first.
(a) Collocated attached antennas on non - residential buildings and structures including
existing wireless communications towers in non - residential related districts.
(b) Collocated attached antennas on non - residential buildings and structures including
existing wireless communications towers in residential related districts on property not
used exclusively for residential purposes.
(c) Attached antennas on non - residential buildings and structures in non - residential
related districts.
(d) New support structures at remote, low visual impact locations in resource and
industrial districts.
(e) Attached antennas on non - residential buildings and structures in residential related
zones on property not used exclusively for residential purposes.
(f) New support structures at low visual impact locations in commercial districts.
(g) Locations other than those listed above.
(2) Prohibited Locations
(a) New support structures are prohibited on lands within the jurisdiction of the Whatcom
County Shoreline Program.
20.13.060 Design and Development Standards
.061 Design and Development Standards
The development standards set forth below shall apply to all wireless communications
facilities. These developments standards are minimum standards and shall be in
addition to any development standards or project review process which applies in the
underlying district in which a wireless communication facility is located. In the event of a
conflict between the provisions of this chapter and the general development standards of
Title 20, or the project review process, the more stringent provision shall govern;
provided that where a provision of this chapter is the more specific in its application to
wireless communication facilities that provision shall prevail regardless of stringency.
(1) Anti - climbing devices. All wireless communications support structures and required
fencing shall be equipped with appropriate anti - climbing devices.
(2) Attachment to trees prohibited. It is prohibited to attach any wireless communication
facility or portion thereof to any tree.
(3) Signage. All wireless communications support structures shall be identified with an
non - illuminated sign not exceeding four (4) square feet. The sign shall list the wireless
service provider's name and emergency telephone number and shall be posted in a
place visible to the general public. No advertising signs shall be located on support
structures or antennas, however arrays may be camouflaged as otherwise permitted
signs.
(4) Lighting. Wireless communications facilities shall not be illuminated except where
required by the FAA.
(5) Painting. Wireless communications facilities shall be painted or finished in a manner
that blends with the dominant color of the background except where otherwise required
by the FAA. The applicant and the operator of the facility shall have a continuing duty to
maintain such paint or finish.
(6) Noise from accessory equipment. Facilities shall comply with State noise level
standards under WAC 173.60, as amended. Generators may only be permitted for
emergency operation purposes. If air conditioning or other noise generating equipment
is proposed, the applicant shall provide information detailing the expected noise level
and any proposed abatement measures. This may require noise attenuation devices or
other mitigation measures to minimize impacts.
(7) Copies of deeds or other instruments such as lease agreements and site easements
that establish the applicant's right to use the site shall be provided at the time of
application. These may be in unsigned final draft form pending the outcome of the
approval process. The boundaries of a proposed wireless communications facility site
shall be defined in each such instrument in a manner that will provide a land surveyor
sufficient information to accurately locate the site boundaries using standard survey
methods.
(8) If the proposed site is leased, the terms of the lease shall not restrict the land owner
in anyway from leasing other areas of his property to other wireless communications
- providers with the exception that the lease may include a provision that any additional
facilities so located not materially interfere with the operation of the existing facility.
.062 General Design Standards.
(1) Attached antennas (excluding collocated antennas on existing WCF structures) shall
be designed or .placed to blend with the predominant background or architectural
features as seen from abutting residential uses, roadways or other public rights of way.
(2) When located on buildings, panel antennas shall be placed closely against walls or
parapets and not extend above the wall or parapet unless an alternative design is
required to a) achieve better compatibility with the building design or b) to obtain
antenna function.
(3) Accessory equipment structures shall be placed underground or wholly enclosed in
an existing structure or building, or designed to blend into the architecture and
landscaping of the surrounding buildings or structures. When equipment boxes are
placed at ground level, they shall be screened from view.
(4) Ground mounted dishes shall be located outside any required landscaped area and
preferably located in service areas or other less visible locations. They shall be solidly
screened to at least as high as the center of the dish when viewed from off the site.
Solid screening shall be provided as high as the top of the dish on sides adjacent to
residential zones.
Roof - mounted dishes shall be solidly screened at least as high as the center of the dish.
The screening shall be of a material and design compatible with the building, and can
include penthouse screening, parapet walls, or other similar screening. The dish should
be placed as close to the center of the roof as possible.
(5) Antennas on utility poles shall be limited to whip antennas no more than two (2) feet
in length unless the approving authority finds that the visual impact of a longer antenna
would not have an appreciable affect on surrounding uses. No more than one whip
antenna is permitted per pole. No utility pole shall be extended in height in order to
accommodate an antenna. No antenna shall be allowed on light standards.
(6) Setbacks Applicable. The following setback standards shall apply to wireless
communications facilities:
(a) Accessory equipment structures shall comply with the setback requirements for
principle non - accessory structures in the underlying district. An antenna and its
attachment device attached to a building or other permanent structures shall comply with
the setback requirements for principle non - accessory structures in the underlying district.
Where the setback requirement in the underlying zone is based on the height of the
structure, the height used to compute the setback for the antenna array shall be the
height of the structure plus the additional height that will be added by the antenna array
and its attachment device.
(b) Non- attached wireless communications support structures located in a residential
related district as set out in WCC 20.13.050 shall be set back from any property line by a
distance equal to the height of the wireless communications support structure or the
setback of the underlying use district, whichever is greater.
(c) Non - attached wireless communications support structures located in other than
residential related districts shall be set back from any property line abutting or adjacent
to a residential related district a distance equal to the height of the wireless
communications support structure or the setback of the underlying use district,
whichever is greater.
(d) Regardless of the district, non - attached wireless communications structures shall be
setback from dwellings not on the same legal lot, a distance equal to the height of the
wireless communications support structure or the setback of the underlying use district
whichever is greater.
(e) Setbacks for non - attached wireless communications support structures shall be
measured from the ground -level base of the structure.
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(f) The setback requirements for wireless communication facilities under this chapter
may be reduced by the approving authority subject to the satisfaction of the special
exception criteria in WCC 20.13.110.
(7) In the event that a wireless communications facility is proposed on land zoned
agriculture or in an agriculture overlay zone and the land is otherwise suitable for
agricultural use, the facility shall be located and maintained so as not to interfere with
current agricultural activities or the potential future use of the site for agricultural
activities.
(8) Screening — Standards. Wireless communications facilities shall be subject to the
following standards for visual screening:
(a) The perimeter of the wireless communication support structure and any guyed wires
and anchors shall be enclosed by a fence or wall at least 6 feet in height. A row of
evergreen shrubs, spaced not more than 5 feet apart and capable of growing to form a
continuous hedge at least five (5) feet high within 5 years of planting, and at least one
row of evergreen trees or shrubs spaced not more than ten (10) feet apart nor less than
six (6) feet high when planted shall be installed outside and adjacent to the fence.
(b) Landscape material used for screening should be selected and sited to produce a
hardy and drought- resistant landscape area. Native plant materials are preferred.
(c) Maintenance of landscaped areas shall be the responsibility of the applicant and /or
operator of the facility. Required landscaping must be maintained in a healthy manner.
Trees and shrubs that die must be replaced with healthy in -kind materials such that
during the life of the facility the landscaping continues to satisfy the requirements of the
permit. Temporary irrigation shall be provided to help ensure survival during the plant
establishment period. If the approving authority determined that existing vegetation
provided adequate screening without the need for additional landscaping, than no action
shall be taken by the applicant or his assigns or successors that would diminish its
effectiveness in screening the site. In the event that natural vegetation is removed to the
extent that the area required to be screened is made more visible, the operator of the
facility shall prepare a revegetation plan and submit the plan to the Administrator for
review and approval. Upon approval the operator shall implement the plan.
(d) The Administrator or the Hearing Examiner as appropriate may approve any
combination of existing vegetation, topography, walls, decorative fences or other
features instead of landscaping, if they achieve the same degree of screening as the
required landscaping. Either, as appropriate, may waive the requirement for the
installation of screening for those sides of the facility that are naturally screened so as
not to be visible from public streets or adjoining properties.
(e) Existing vegetation shall be preserved to the maximum extent practicable.
(f) When landscaping is required to be installed a maintenance bond, assignment of
funds or other financial guaranty acceptable to the County shall be provided in the
amount of 50% of the value of the labor and materials. The guaranty shall be in effect
for two years from the date of planting.
11
(9) General Height Standards. The following standards shall apply to wireless
communications facilities:
(a) The height of a wireless communications facility shall be measured to include the
support structure and any antennas proposed to be attached to the structure at the time
of application, provided that a lightning rod, not to exceed 10 feet or FAA required
lighting shall not be included in the height measurement.
(b) For a non - attached wireless communications facility, the height limit shall be the
minimum height necessary for the facility to function satisfactorily provided the height
does not exceed height restriction imposed elsewhere in this chapter. The applicant shall
provide technical documentation that the height proposed is the minimum necessary. As
provided in WCC 20.13.160 the Administrator or the Hearing Examiner may require--a _.
third party review of this information.
(c) The height of attached antennas may exceed the height limit of the underlying zone
provided that the height does not exceed height restriction imposed elsewhere in this
chapter.
(10) Parking. Each wireless communications support structure shall be provided with at
least one (1) adjacent parking space or more if needed to accommodate staff. All
unstaffed wireless communications facilities shall have access to parking for
maintenance personnel, however such parking may be shared or public parking at the
discretion of the County. Staffed facilities shall require one parking space per staff under
the standard provisions of the zone in which it is located.
(11) Performance Bond. The operator of the facility shall obtain and keep in force
throughout the time the facility is located on the site a performance bond payable to
Whatcom County in the amount of 150 percent of the estimated cost of removal as
determined by the Director, but not less than $1000. The bond is intended to cover the
costs of removal of such facility at such time as the facility may be required to be
removed pursuant to WCC 20.13.150.
(12) Building and Utility Permits. Approval of a WCF permit does not exempt or
otherwise remove any requirements for obtaining building permits and other applicable
construction, development or operation related permits, licenses or approvals for the
project. It shall be the permittee's responsibility to secure all other necessary permits
and approvals prior to beginning work on the installation of the facility.
20.13.070 Additional Standards for Residential Related Districts.
The following requirements and restrictions shall apply to the location of wireless
communications facilities in the County's residential related districts. For the purposes
of this section, residential related districts shall include Urban Residential (UR), Urban
Residential Medium (URM), Urban Residential Mixed (UR -MX), Eliza Island (EI),
Neighborhood Commercial, (NC) Rural Residential (RR), Rural Residential Island (RR -I),
and Rural (R) Districts.
(1) SUPPORT STRUCTURES
12
(a) When not otherwise prohibited, new wireless communications support structures in
residential related zones shall require conditional use approval pursuant to WCC
20.84.200 and subject to the following; provided that new support structures collocated
or clustered on an existing approved and conforming site may be permitted through a
wireless communications facility (WCF) permit. Collocation or clustering on a non-
conforming site may be approved as an expansion of a non - conforming use by
conditional use as provided in WCC 20.83.020: .
(i) Lattice towers are prohibited in the following residential related zones: Urban
Residential, Urban Residential Medium, Urban Residential Mixed, Neighborhood
Commercial and Eliza Island Districts.
(ii) Monopole wireless communication support structures and ground level dishes shall
not be located on land parcels or lots in Urban Residential, Urban Residential Medium,
Urban Residential Mixed, Neighborhood Commercial and Eliza Island Districts that also
contain residential uses.
(b) A monopole WCF may exceed the height limits of the underlying residential related
zone by 15 feet provided the applicant demonstrates the structure's height is the
minimum necessary to adequately function, or if collocation is specifically provided for on
the tower. The additional 15 feet for collocation may be added to the 15 feet necessary
for adequate function for a total of 30 feet in the event both situations pertain.
(2) ATTACHED ANTENNAS
(a) Attached antennas are prohibited on single family dwellings, duplexes and their
accessory structures. Dish antennas shall not be mounted on roofs without a special
exception under the provisions of WCC 20.13.110.
(b) The following antennas may be permitted through a Wireless Communications
Facility (WCF) permit:
(i) Collocation on an existing, approved and conforming, wireless communication support
structure provided that no more than 15 feet is added to the height of the facility.
Collocation on a non - conforming site may be approved as an expansion of a non-
conforming use by conditional use as provided in WCC 20.83.020.
(ii) Attachment to a non - residential structure on a land parcel or lot not used primarily for
residential purposes provided the antenna does not extend more than 15 feet above the
roof or top of the structure if not a building..
(iii) Ground mounted dish antennas may be located on sites not used exclusively for
residential purposes provided the antenna is not more than 15 feet in height above
ground level nor more than 12 feet in diameter.
(c) Attached antennas on a structure located on a land parcel of lot used exclusively for
residential purposes or attached to a residential building, other than those residential
buildings prohibited in (1)(a) above, may be approved as a conditional use provided the
antenna shall not extend more than 15 feet above the roof or top of the structure if not a
building and that the requirements of WCC 20.13.062(1) are met. The Hearing Examiner
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shall have the authority to restrict the height of the attached antenna to a figure less than
15 feet in order to attain compliance with WCC 20.13.062(1)
20.13.080 Additional Standards for Non - Residential Related Districts.
The following requirements and restrictions shall apply to the location of wireless
communications facilities in the County's nonresidential districts. For the purposes of
this section, non - residential related districts shall include commercial districts, industrial
districts and resource districts each as described in WCC 20.13. 050.
(1) SUPPORT STRUCTURES
(a) New support structures shall require a conditional use permit pursuant to WCC
20.84.200; provided that new support structures coNocated or clustered on an existing
approved and conforming site may be permitted through a wireless communications
facility (WCF) permit. Collocation or clustering on a non - conforming site may be
approved as an expansion of a non - conforming use by conditional use as provided in
WCC 20.83.020. The height of new support structures shall be subject to requirements
of 20.13.062(g)(b), provided that the height does not exceed 150 feet. Additional height
may only be approved by special exception as provided for in WCC 20.13.110 of this
chapter.
(B) ATTACHED ANTENNAS
(a) Antennas shall not be attached to single family residences, duplexes or their
accessory structures.
(b) Where not otherwise prohibited by this chapter, attached wireless communications
facilities on sites used exclusively for residential purposes and wireless communications
facilities attached to residential structures shall require a conditional use permit.
(c) Other attached antennas, ground mounted dishes and collocated antennas, on
existing, approved and conforming sites, shall require a WCF permit; provided that new
support structures collocated on an existing approved and conforming site may be
permitted through a wireless communications facility (WCF) permit. Collocation on a
non - conforming site may be approved as an expansion of a non - conforming use by
conditional use as provided in WCC 20.83.020.
(d) Antennas attached to structures shall not extend more than 15 feet above the roof or
parapet. Collocated antennas shall not extend more than 15 feet above the attachment
device.
20.13.090 Temporary Uses.
Wireless communication facilities may be permitted as a temporary use with review by
the Administrator in order to facilitate continuity in wireless communications service
during repair or maintenance of existing wireless communications facilities or prior to
completion of construction of new wireless communications facilities. Such temporary
wireless communications facilities shall operate for not more than sixty (60) days at any
one location within a six (6) month period commencing when transmission from such
facility begins. The wireless communications facilities shall be removed within thirty (30)
days after the facility is no longer needed for telecommunications purposes.
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20.13.100 Wireless Communication Facility Permit
A Wireless Communication Facility (WCF) Permit is an administrative approval permit,
except where a conditional use permit is required in WCC 20.13.080 and 20.13.070, and
shall be processed and approved pursuant to WCC 20.84.235 provided that the notice
requirements shall be as follows:
Applications that are categorically exempt from environmental review under SEPA (WAC
197 -11 -800) shall also be exempt from the public notice requirements of WCC 20.84.235
and Chapter 2.33.
Applications not exempt from environmental review under SEPA shall be provided notice
of completeness, notice of application and notice of decision as provided by WCC
Chapter 2.33
The Administrator may refer an application for a WCF permit to the Technical Review
Committee for review and comment prior to making a decision on the proposal.
20.13.110 Special Exceptions.
When adherence to all development standards of this chapter would result in a physical
barrier which would block signal reception or transmission or prevent effective
communication in all permissible locations, a Special Exception may be permitted
provided criteria outlined below are met. Exceptions do not apply to variations from the
Uniform Building Code. A variance pursuant to WCC 20.84 is required for variations
from applicable zoning regulations not described in this section.
The approval authority for granting of the Special Exception shall be the same as that of
that of the authority authorized to approve the permit for the antenna location. A request
for a Special Exception shall be processed in conjunction with the permit approving the
antenna location.
Upon review of Special Exception requests, the approval authority shall consider first
those standards having the least effect upon the resulting aesthetic compatibility of the
antenna or tower with the sdrrounding environment. The approval authority shall review
setback, size, screening requirements, and height limits.
(1) Special Exception Criteria.
(a) The applicant shall justify the request for a Special Exception by documenting and
providing evidence that the full application of a particular standard or standards of this
chapter would result in an obstruction or inability to send and receive a communication
signal from the proposed location of the facility and further, that the obstruction or
inability to send or receive a signal from that location is the result of factors beyond the
property owner's or applicant's control. Pictures, scaled drawings, maps and /or
manufacturer's specifications, and other technical information as necessary, should be
provided to substantiate the need for the Special Exception.
(b) The applicant for a Special Exception shall demonstrate that the proposed materials,
shape, and color of the antenna will minimize negative visual impacts on adjacent or
nearby residential uses to the greatest extent possible. The use of certain materials,
shapes and colors may be required in order to minimize visual impacts.
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(c) Attached antennas requesting a special exception for height shall be reviewed
through the same process as a support structure in the zone in which the antenna is
located.
(d) Requests for special exceptions for setback reductions shall also be judged based on
the following criteria:
(i) The extent to which screening and camouflaging will be employed to mitigate the
effects of the structure vs. the value of the setback in providing such screening.
(ii) The need for the setback reduction to facilitate a location or design that better
satisfies the criteria of this chapter.
(iii) The impact on adjacent properties.
(iv) Location in a street right -of -way.
20.13.120 Application Requirements and Conditions of Issuance.
Applicants shall submit the following information in addition to standard application
materials:
(1) A scaled site plan clearly indicating the location of the proposed facility, all other
structures and uses on the site, adjacent roadways, proposed means of access, parking,
existing and proposed landscaping and setbacks from property lines. Elevation
drawings of the proposed tower, the equipment structure, existing structure with
proposed antenna, fencing, buffering /screening, type of architectural treatment, and any
other feature necessary to show compliance with the applicable standards.
(2) Photo - simulations of the proposed facility from adjacent residential properties, public
properties and public rights -of -way:
(3) Legal description and ownership of the parcel.
(4) A valid agreement for collocation on an existing WCF support structure or on an
existing building or structure; or a location evaluation study as described in (5) below.
(5) For new free standing support structures, a location evaluation study shall be
provided as follows:
(a) A study shall be provided showing that the structure is required for present and future
network coverage, that the height requested is the minimum necessary to provide for the
function and potential collocated antennas and why the antennas could not be collocated
on an existing structure. In residential zones, the applicant shall provide adequate proof
that the facility could not be located in a non - residential zone.
(6) The applicant shall submit a letter of credit, performance bond or other security
acceptable to the County, as described in WCC 20.13.060(11), to cover the future costs
of removal of the antenna and /or tower.
(7) A report from a licensed professional engineer documenting that
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(a) The support structure is designed for collocation of other antennas (if applicable
(b) The antenna usage will not interfere with other adjacent or neighboring transmission
or reception communications signals.
(c) The wireless communications facility complies with all applicable standards of the
FCC for such facilities including EMF emission standards, if applicable.
(8) A projection of the wireless communication facilities which the applicant and /or
prospective operator of the facility reasonably anticipates will be sited by his company
within Whatcom County during the next 5 years.
(9) Proof of license by the FCC, if applicable.
(10) A copy of the findings from the FAA's Aeronautical Study Determination regarding
the proposed wireless communication support structure.
(11) A copy of the instrument that establishes the right of the applicant to use the site for
the intended purpose as required in section 20.13.061(7).
(12) If the site is a leased site, a copy of lease agreement which specifies or shows that
it does not preclude the site owner from entering into leases on the site with other
providers.
20.13.130 General Criteria for Issuance of Permits.
(1) Any applicant for a land use permit (other than a building permit) proposing to install
an antenna support structure or mount an antenna on an existing structure shall
demonstrate by engineering evidence that:
(a) The antenna must be located at the site to satisfy it's function in the applicant's local
grid system. The County may require the applicant to provide feasibility studies which
demonstrate that locations on existing structures and /or in higher priority locations have
been explored and are not feasible or available.
(b) The height requested is the minimum height necessary to fulfill the site's function
within the grid system.
(2) In addition to standard criteria, the authority granting the permit shall find that, unless
the facility will be located at the highest priority location as set forth in WCC 20.13.050,
the applicant has demonstrated that none of the higher priority locations are available or
if one is available it is not a feasible location for the proposed facility; or if feasible is less
desirable than the one proposed from the standpoint of minimizing impacts on
surrounding land uses.
(3) The permit may include requirements which:
(a) Minimize visual impacts to the greatest extent possible by maximum feasible use of
camouflage or screening, including but not limited to fencing, landscaping, strategic
placement adjacent to existing buildings or live or simulated vegetation, undergrounding
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of accessory equipment structures, incorporation of wireless communications support
structures, antennas and other appurtenances into the architectural features of existing
buildings or structures and by requiring compatibility with key design elements in the
surrounding area; for example, use of brick or other material similar to that used in
adjacent buildings or structures, incorporation of support structures into compatible
architectural features such as Flag poles, bell towers or cornices, or use of simulated
vegetation to camouflage support structures.
(b) Locate wireless communication facilities so as to minimize the visibility of the facility
to residentially zoned land and so as to minimize the obstruction of scenic views from
residentially zoned land.
(c) Require the mounting of the facility on existing buildings or structures, or use of other,
alternatives with less visual, aesthetic or safety impacts, as an alternative to use of a
monopole or lattice tower.
20.13.140 Federal Requirements.
All wireless communications support structures must meet or exceed current standards
and regulations of the FAA, the FCC and any other agency of the federal government
with the authority to regulate wireless communications support structures and antennas.
If such standards and regulations are changed, owners of the wireless communication
support structure, antennas and electronic equipment governed by this chapter shall
bring such wireless communication support structure, antennas and electronic
equipment into compliance with such revised standards and regulations within the
compliance schedule of the federal agency. Failure to bring wireless communication
support structures and antennas into compliance with such revised standards and
regulations shall constitute grounds for the removal of the wireless communication
support structure, antenna or electronic equipment at the owner's expense.
20.13.150 Removal of Antennas and Support Structures.
No less than 30 days prior to the date that a personal wireless service provider plans to
abandon or discontinue operation of a facility, the provider must notify the Whatcom
County Planning and Development Services Director by certified U.S. mail of the
proposed date of abandonment or discontinuation of operation. The owner of the facility
shall then remove the antenna within 90 days of discontinuation or abandonment unless
an additional period of time is authorized by the County. In any case, if the County finds
that any antenna or wireless communication support structure has not operated for a
continuous period of six (6) months, the owner or lessee of the property on which the
wireless communication support structure or antenna is situated or the owner of the
wireless communications antenna or support structure shall remove the facility within
ninety (90) days of receipt of notice to remove from the County. If the antenna and /or
wireless communication support structure is not removed within said time period, the
County may remove the antenna or wireless communication support structure at the
owner's expense. If there are two or more wireless communications providers on a
single wireless communication support structure, this provision shall not become
effective until all providers cease using the wireless communication support structure.
20.13.160 Third Party Review
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Personal wireless service providers use various methodologies and analyses, including
geographically -based computer software, to determine the specific technical parameters
of their services and low power mobile radio service facilities, such as expected
coverage area, antenna configuration, topographic constraints that affect signal paths,
etc. Because of the technical nature of methodologies and analyses, the County may
find it necessary to require a third party technical review of the material submitted by the
applicant as part of a permitting process. The expert review is intended to address
interference and public safety issues and be a site - specific review of technical aspects of
the facilities or a review of the provider's methodology and equipment used and not a
subjective review of the site which was selected by a provider. Based on the results of
the expert review, the County may require changes to the provider's application. The
expert review shall address the following:
(1) The accuracy and completeness of submissions, _.
(2) The applicability of analysis techniques and methodologies,
(3) The validity of conclusions reached; and
(4) Any specific technical issues designated by the County.
In general the Administrator shall consider requiring a third party review of technical
information submitted in support of a special exception, and technical information
submitted in support of a wireless communications facility proposed at a low priority,
high visual impact location.
The selection of the third party expert may be by mutual agreement between the
provider and the County, or at the discretion of the County, with a provision for the
provider and interested parties to comment on the proposed expert and review its
qualifications. The cost of the technical review shall be borne by the applicant.
20.13.170 Appeals
The Hearing Examiner shall have the authority to decide, in conformity with this chapter,
appeals from any order, requirement, permit decision or determination made by an
administrative official in the administration or enforcement of this chapter where more
than one interpretation is possible, provided that such appeal shall be filed within 14
days of the action being appealed. The Hearing Examiner shall hear appeals under this
chapter in the same manner as those appeals he has authority to hear under WCC
20.92.210(2).
Section 2 Add a new definition to WCC 20.97 to read as follows:
20.97.329.1 Public Utility
"Public Utility" means a use owned or operated by a public or publicly licensed or
franchised agency which provides essential public services such as telephone
exchanges, electric substations, radio and television stations, wireless communications
services, gas and water regulation stations and other facilities of this nature.
Section 3 Add a new definition to WCC 20.97 to read as follows:
20.97.456 Wireless Communications Facilities
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"Wireless Communications Facilities" means the site, wireless communications
support structures, antennas, accessory equipment structures, and appurtenances used
to transmit, receive, distribute, provide or offer wireless telecommunications services.
Wireless communications facilities includes, but are not limited to antennas, poles,
towers, cables, wires, conduits, ducts, pedestals, vaults, buildings, electronic and
switching equipment.
Section 4 Add a new definition to WCC 20.97 to read as follows:
20.97.457 Wireless Communications Service
"Wireless Communications Service" means the sending and receiving of radio or
microwave signals used for communication, including, but not limited to cellular
telephone, personal communications services (PCS), enhanced /specialized mobile radio
(ESMR), commercial paging services, and any other technology which provides similar
wireless services licensed by the FCC and unlicensed wireless services.
Section 5 Add a new definition to WCC 20.97 to read as follows:
20.97.302 Personal Wireless Communications Service
"Personal Wireless Communications Service" is a term which means the same as
wireless communications service.
Section 6 Amend WCC 20.97.040 Building Height to read as follows:
"Building Height" means the vertical distance above a reference datum measured
to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to
the average height of the highest gable or a pitched or hipped roof. The reference datum
shall be selected by either of the following, whichever yields a greater height of building:
(1) The elevation of the highest adjoining sidewalk or ground surface within a
five -foot horizontal distance of the exterior wall of the building when such a sidewalk or
ground surface is not more than 10 feet above lowest grade.
(2) An elevation 10 feet higher than the lowest grade when the sidewalk or
ground surface described in paragraph 1 above is more than 10 feet above lowest
grade. The height of a stepped or terraced building is the maximum height of any
segment of the building. Mobile homes shall also meet these building height standards.
Exceptions: Towers, spires, steeples and cupolas erected as part of a building and not
used for habitation or storage may exceed the maximum building height in any zone
district by 20 feet; additional height may be approved by conditional use permit; provided
the exceptions allowed by this paragraph shall not apply to wireless communications
facilities.
Section 7 Amend WCC 20.82.030(4) to read as follows
(4) Electronic communications structures including associated minimal maintenance and
operations structures provided this section shall not apply to any structures associated
with wireless communications facilities.
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Section 8 Amend WCC 20.82.040 to read as follows:
20.82.040 Utilities - Other Applicable Regulations.
(1) Solid waste facilities and large scale electrical generating plants are not conditional
uses under the name "public utilities" but are restricted to where they have been named
as uses.
(2) The provisions of this chapter shall not apply to wireless communications services
and facilities which are regulated under WCC 20.13.
Section 9 Delete WCC 20.42.059 from the Permitted uses section of the Rural Forestry
District.
Section 10 Delete WCC 20.43.056 from the Permitted uses section of the Commercial
Forestry District.
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