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City of Yakima Planning Commission
PUBLIC HEARING
City Hall Council Chambers
Wednesday August 7, 2013
2:00 pm - 5:00 pm
YPC Members:
Chair Ben Shoval, Co -Chair Dave Fonfara, Ron Anderson, Al Rose,
Scott Clark, Paul Stelzer, Bill Cook
City Planning Staff:
Steve Osguthorpe, Community Development Director/Planning Manager; Jeff Peters, Associate
Planner; Chris Wilson, Assistant Planner; and Rosalinda Ibarra, Administrative Assistant
Agenda
I. Call to Order
II. Roll Call
III. Staff Announcements
IV. General Audience Participation Not Associated with an Item on the Agenda
V. Public Hearing:
Zoning Code Text Amendments Pertaining to Communication Towers
(This packet is available online at: www,vaki!inawa.gov/set-vices/Diann,in under
Quick Links)
VI. Other Business
VII. Adjourn to August 28, 2013
Yekh'nn
CITY OF YA._tMA
YAKIMA PLANNING COMMISSION PUBLIC HEARING
City Hall Council Chambers
SIGN -IN SHEET
HEARING DATE: Wednesday August 7, 2113
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Yakima Planning Commission Public Hearing Sign -In Sheet — 08/07/2013
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F431t THE
W11i 0R.'D F1L
ZONING TEXT AMENDMENT —
CI:APTER 15.29 WIRELESS COMMUNICATION FACILITIES
TXT#002-13, SEPA#011-13
Yakima Planning Commission
Open Record Public Hearing
August 7, 2013
EXHIBIT LIST
Applicant: City of Yakima Planning Division
File Numbers: TXT#002-13, SEPA#011-13
Site Address: Citywide
Staff Contact: Jeff Peters, Associate Planner
Table of Contents
CHAPTER A Staff Report
CHAPTER B Draft Ordinance
CHAPTER C Public Comments
CHAPTER D Public Notices
CHAPTER E SEPA Checklist
ZONING TEXT AMENDMENT —
CHAPTER 15.29 WIRELESS COMMUNICATION FACILITIES
TXT#002-13, SEPA#011-13
EXHIBIT LIST
CHAPTER A
Staff Report
City of Yakima Planning Division's Recommendation on a Zoning Text
Amendment to the City's Urban Area Zoning Ordinance Regarding
Communication Towers
TO: City of Yakima Planning Commission
FROM: Mark Kunkler, City Attorney
SUBJECT: Communication Tower Zoning Text Amendment
FOR PUBLIC HEARING OF: August 7, 2013
ISSUE:
Yakima Planning Commission (YPC) public hearing on a text amendments to the City of
Yakima's Urban Area Zoning Ordinance (UAZO) Yakima Municipal Code (YMC) Title 15
adding a new Chapter 15.29 Wireless Communication Facilities. The new chapter
proposes language to:
1. Enhance the ability of personal wireless service providers to provide such services
throughout the city quickly, effectively, and efficiently;
2. Encourage personal wireless service providers to locate towers and antenna in
nonresidential areas;
3. Encourage personal wireless service providers to co -locate on new and existing
tower sites;
4. Encourage personal wireless service providers to locate towers and antennas, to the
extent possible, in areas where the adverse impact on city residents is minimal;
5. Encourage personal wireless service providers to configure towers and antennas in a
way that minimizes any significant adverse visual impact; and
6. Provide for the wireless communications needs of governmental entities.
In addition, the draft ordinance provides for a hierarchy of preferred locations, site
design, height restrictions, proximity limitations from residential and historic districts, and
aesthetic criteria which apply to new wireless facilities prior to locating in a residential
zone, or historic district. The proposed ordinance allows wireless communication towers
in all city zoning districts, however siting criteria and other development standards apply
to residentially zoned property, and historic districts
STAFF RECOMMENDATION:
The City of Yakima Planning Division recommends that the YPC discuss and take public
input regarding the proposed Zoning Ordinance addition, suggest appropriate revisions
to the draft amendment as necessary, and provide a final recommendation to the
Yakima City Council.
®OD.
INDEX Page I 1
# A --L... -
HISTORY OF AMENDMENT:
On April 2, 2013, the Yakima City Council after hearing concerns from the Barge
Chestnut Neighborhood Association about a proposed cell tower declared an emergency
six month moratorium, on the City receiving any new applications for cell tower
installations while the City reviewed regulatory controls on siting standards, and set a
public hearing for public input on the moratorium for May 21, 2013 at 7 p.m.
On May 21, 2013, the Yakima City Council held the appropriate hearing taking into
account the concerns of the general public with regard to the location of communication
towers within the City, and approved the accompanying resolution adopting findings of
fact in support of moratorium regarding telecommunications towers and facilities.
ENVIRONMENTAL REVIEW (SEPA)
On June 27, 2013, the City of Yakima issued a Notice of Application, Environmental
Review, Public Hearing, and Determination of Non -Significance for this project.
Following the required 20 -day public comment period where all interested parties and
agencies had the right to comment, and three public comments were received. The City
of Yakima made some minor amendments to the draft ordinance addressing some of the
commenters concerns, and issued a Notice of Retention Regarding its Determination of
Non -Significance for SEPA File #011-13, on July 19, 2013. The 14 -day appeal period for
this environmental determination lapsed on August 2, 2013, with no appeals filed.
PUBLIC NOTICE DATE ACCOMPLISHED
Notice of Application June 27, 2013
Legal Ad Publication June 27, 2013
Notice of Public Hearing June 27, 2013
Notice of SEPA Determination Retention July 19, 2013
Department of Commerce Notice of Intent to Adopt June 24, 2013
COMMENTS FROM AGENCIES AND INTERESTED PARTIES
The City of Yakima has received, and continues to receive, comments from agencies
and interested parties. The Barge Chestnut Neighborhood Association (BCNA) and
representatives from AT & T Services, Inc. have met with staff and provided
observations and recommendations. In addition, the City has received comments from
interested agencies, particularly the Aviation Division of Washington State Department of
Transportation reiterating that the requirements and restrictions of the City's Airport
Safety Overlay (ASO) would apply specifically to tower heights within the overlay.
It should be emphasized that the proposed document may see further changes prior to
the scheduled hearing before the Planning Commission on August 7, 2013. City staff
also anticipates that further changes may be recommended by the Planning Commission
following the August 7, 2013 public hearing.
DOC.
INDU
Page 12
#---A--J- r
DISCUSSION OF PROPOSED AMENDMENTS:
I. Overview.
The attached material creates new Chapter 15.29 within the zoning code of the City of
Yakima. The City's current code consists of the following section:
15.04.180 Communication towers.
The following provisions shall govern the placement of communication towers
within the urban growth area:
1. Communication towers less than thirty-five feet in height require a Type
(1) review to ensure compliance with minimum setbacks and building code
requirements;
2. Communication towers thirty-five feet or greater in height require a Type
(2) review to ensure compliance with setback provisions and that other permit
procedures are reviewed and met; and
3. Communication towers more than fifty-five feet in height shall follow the
review procedures for Class (3) uses and shall meet all the provisions and the
building code. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986.
Formerly 15.04.130).
Additionally, some provisions are found in the City's building codes, but these deal
almost exclusively with structural elements of tower facilities and installation
requirements. It is apparent that the limited land use controls under existing City codes
do not adequately address the land use needs of the community.
As noted above, the City Council adopted a six-month moratorium on April 2, 2013 in
order to allow for development of a comprehensive land use code pertaining to
telecommunication facilities. The current moratorium is set to expire on October 1,
2013.
15.29.0110 Purpose.
A portion of this section was quoted at the beginning of this report. The section
also describes the applicability of the code to "new uses," and "existing uses" —
which would be considered as pre-existing nonconforming.
15.29.020 Definitions.
The definitions are extensive and comprehensive. It has been suggested that
some definitions can be eliminated as they are not mentioned in the text of the
proposed code. This has some merit, and some definitions have been removed
which are never referenced in the actual code. Other definitions, while seemingly
of little use, may be retained because they may be useful in defining terms or
conditions in the permitting process.
DOC. Page 13
INDEX
#
15.29.030 Exemptions.
The exemptions are fairly self-explanatory and reflect other provisions of laws
governing the telecommunications industry. For example, "licensed amateur
(ham) radio stations" are exempt from legislation governing the
telecommunications industry.
15.29.035 Modification of Existing Wireless Tower or Base Station.
This section was added to address recent federal legislation that provided that
"modifications" of existing telecommunication towers and base stations,
consisting of co -location, removal, or replacement of transmission equipment,
that do not constitute a "substantial change" to the existing facility, must be
approved. The Federal Communications Commission (FCC) has also issued a
decision defining the concept of what constitutes a "substantial change." This
definition and terminology has been incorporated into this section. The section
also includes a review and permitting process within a 90 -day "shot clock." The
FCC had also ruled that a city may require submission of an application and
issuance of a permit for these modifications, within a maximum 90 -day
processing period.
15.29.040 Site selection criteria.
This section states general principles applicable to site location, including
identification of any alternate sites and effects on adjacent neighborhoods.
15.29.045 Protected areas.
This section was added to define certain designated areas where effects of
telecommunication facilities would likely have significant adverse impact.
"Protected areas" are defined to include:
Protected areas are: (a) established federal, state or local historic districts or
historic district overlay zones; (b) proposed federal, state or local historic districts
or historic district overlay zones filed for record with the federal, state or local
agency with jurisdiction (hereafter "pending" historic district or overlay zones); (c)
sites, buildings, structures or objects listed in the National Register of Historic
Places; (d) state and local wildlife refuges, and permanently protected
archeological sites; and (e) designated areas subject to preservation or
protection through recorded conservation easement. Except as provided in
15.29.050, antennas and antenna support facilities are not permitted in or within
300 feet of any protected area.
C. Page 14
I1
15.29.050 Priority of locations.
The "priority of locations" section is an important part of the proposed code. This
section lists different types of location ranging from "most favored" (least
anticipated impact) to "least favored" (most anticipated impact). In order of
priority, these locations are:
a. Co -location on existing facilities;
b. Public properties;
C. Placement on existing structures/buildings in industrial and
commercial zones, with appropriate camouflage and/or stealth;
d.. Placement in industrial zones, more than 300 feet from residential
districts and more than 800 feet from protected areas;
e. Local Business District (B-2) and Large Convenience Center
(LCC) zones, more than 300 feet from residential districts and
more than 300 feet from protected areas. (If within 300 feet of a
residential district, or within 300 feet of a protected area,
administrative approval is allowed if there is a showing that
alternate location is not available, and imposition of camouflage
and/or stealth.)
f. In or within 300 feet of a residentially zoned district (other than
within the B-2 or LCC zones), conditional use permit required,
including appropriate camouflaging and/or stealth.
g. In or within 300 feet of a protected area (other than within the B-2
or LCC zones), conditional use permit required, including
appropriate camouflaging and/or stealth.
15.29.050 Siting priorityon public property.
This section prioritizes types of "public property" that may be considered for siting
of telecommunication facilities. These priorities are:
a. City -owned property (subject to Airport Safety Overly (ASO)
zoning restrictions and requirements).
b. Property owned by other public safety entities, law enforcement,
fire prevention, ambulance entities.
C. Property owned by other governmental agencies (not related to
police, fire, ambulance services).
d. Property owned by telecommunication service providers.
DOM Page 15
INDEX
This section also requires use of a lease instrument, subject to listed conditions.
Special provisions are included for any proposed location within a public park,
including review by the Parks Commission.
This section describes the elements of an application for a telecommunication
facility, including photo -simulations (plus balloon test for any proposed location
within 800 feet of an environmentally sensitive area).
15.29.080 Co -location.
This section requires consideration of possible co -location options and states
components of such consideration.
15 29,090 Design criteria.
Addressed here are requirements for setbacks, incorporation of provisions
allowing for co -location of future facilities, tower separation, color of facilities,
screening, tower location, parking, and other elements.
15.29.100 Permits required.
There are three types of approval included here: (a) administrative review and
permit; (b) conditional use permit; and (c) variance.
a. Administrative Permit. The following are subject to administrative
review and permit, unless otherwise noted:
1. Modifications to eligible existing facilities pursuant to 15.29.035 and
15.29.080 that do not constitute a substantial change; modifications that
constitute a substantial change require a variance;
2. Antennas, towers and related facilities located within or upon
government-owned property or structures where such antennas, towers and
related facilities are disguised by camouflage and/or stealth measures approved
by the city;
3. Antennas, towers and related facilities located on appropriate rights-
of-way and existing structures, such as buildings, towers, and water towers, in
industrial and commercial zoning districts where such antennas, towers and
related facilities are disguised by camouflage and/or stealth measures approved
by the city;
DOC. Page 16
INDEX
4. Antennas, towers and related facilities located within industrial zones
of the city, including proposed locations within 300 feet of residential zoned
districts, where such antennas, towers and related facilities are disguised by
camouflage and/or stealth measures approved by the city;
5. Antennas, towers and related facilities located within the Local
Business District (B-2) and Large Convenience Center (LCC) zoning districts
where such proposed site is (a) more than 300 feet from residentially zoned
districts and more than 300 feet from an environmentally sensitive area, and (b)
such structures are camouflaged and/or disguised by stealth measures approved
by the city.
An applicant that wishes to locate a new antenna, antenna support structure or
tower within the B-2 or LCC districts, and within 300 feet from residential zoned
districts or within 300 feet of a protected area, shall demonstrate that a diligent
effort has been made to locate the proposed communications facilities on a site,
private institutional structure, or other appropriate existing structures more than
300 feet from residential zoned districts or more than 300 feet from a protected
area, and that due to valid considerations including physical constraints, and
technological feasibility, no more appropriate location is available. Such
antennas, towers and related facilities may approved by the administrator,
subject to the administrator's approval of camouflage or disguise by stealth.
Such proposed structures are also subject to the balloon test and/or photo -
simulation requirements of 15.29.070 in order to assist the administrator in
determining appropriate camouflage and/or stealth requirements.
b. Conditional Use Permit. The section provides that, except as
listed above, all other proposed facilities would require a conditional use
permit.
Variances. Variances are expected to arise in the arena where
a proposed "modification" of an existing tower or base station constitutes
a "substantial change."
The section includes a "Permit Table" summarizing the type of permit or approval
required for each proposed development.
INDEX Page 17
#—A -Z,
15.29.110 Ins ection re uirements.
This section requires annual inspection and reports.
15.29.120 Non-use/abandonment.
The section requires notification of abandonment and removal of the facility
within six months.
If it is determined that a more detailed analysis of technical issues is required,
this section authorizes the use of an independent party or agency to conduct a
third -party review. The applicant and the city may cooperate in the selection of
the third -party reviewed, but the applicant pays the costs.
15.29,140 Conditional use pernilits, — Procedures — Conditions for granting.
A conditional use permit process in created for telecommunication facility
approvals. Briefly, the Hearing Examiner would make determinations, findings
and a decision regarding the application and impose conditions upon the project.
The parameters of the Hearing Examiner's authority and duties is described in
this section, together with the types of conditions that can be imposed.
15.29.150 Conditional use permits — Effect of hearing examiner decision.
"The decision of the hearing examiner on a conditional use permit shall be final
and conclusive with right of appeal to the city council in accordance with YMC
16.08.030."
15.29.160 Application form.
The forms used for applications and other permits will be created by the City,
15.29.170 Filing fees.
Filing fees are required, but not yet established.
15.29.180 Notice of hearing — Conditional use permits.
"Notice of all public hearings shall be given and prepared as required by Chapter
16.05 YMC."
15.29.190 Reapplication.
"Upon final action as set forth in this chapter in denying an application for a
conditional use permit, the city shall not accept further filing of an application for
INM Page 18
substantially the same matter within one year from the date of any final denial of
an application."
15.29.200 Transfer of ownership.
"A conditional use permit runs with the land; compliance with the conditions of
any such permit is the responsibility of the current owner of the property, whether
that is the applicant or a successor. No permit for which a financial security is
required shall be considered valid during any time in which the required financial
security is not posted."
15.29.210 Vacation of permits.
"A. Any conditional use permit issued pursuant to this chapter may be
vacated upon approval by the current landowner; provided, that:
1. The use authorized by the permit does not exist and is not actively
being pursued; or
2. The use has been terminated and no violation of terms and
conditions of the permit exist.
B. Requests to vacate a permit shall be made in writing to the zoning
code administrator who shall determine if the above conditions are present prior
to authorizing the vacation. Vacation of any permit shall be documented by the
filing of a notice of land use permit vacation on a form provided by the community
development department with the city."
15.29.220 Violation — Penal t .
"Compliance with the requirements of this code shall be mandatory. Any violation
of the provisions of this chapter shall be a misdemeanor subject to the penalties
and remedies established in YMC 6.02.050. Additionally, any violation of the
provisions of this chapter, and any installation and/or operation of any structure in
violation of the provisions of this chapter, shall be deemed a public nuisance and
violation subject to penalties and remedies available under state law and city
codes. The enforcement actions authorized under this code shall be
supplemental to those general penalties and remedies of Chapter 6.02 YMC and
the public nuisance penalties and remedies available under state law and city
codes."
RECOMMENDATION
It is staff's desire that the Planning Commission review the proposed code and provide
observations, suggested revisions and its recommendation. We also welcome the
comments of those participating in the public hearing, representatives of the BCNA and
representatives of the telecommunications industry. As mentioned above, we have
already benefited from comments provided by stakeholders and interested parties.
DOC.
INDEX Page 19
Staff's recommendation is that the Planning Commission recommend adoption of the
new code by the City Council, with any changes identified by the Planning Commission.
Following the public hearing, any appropriate findings of fact and conclusions will be
presented.
INS Page 110
ZONING TEXT AMENDMENT —
CI~APTER 15.29 WIRELESS COMMUNICATION FACILITIES
TXT#002-13, SEPA#011-13
EXHIBIT LIST
CHAPTER B
Draft Ordinance
Chapter 15.29
WIRELESS COMMUNICATIONS FACILITIES
Sections:
15.29.010
Purpose.
15.29.020
Definitions.
15.29.030
Exemptions.
1529.035
Modification of Existing Wireless Tower or Base Station,
15.29.040
Site selection criteria.
15.29.045
Protected areas.
15.29.050
Priority of locations.
15.29.060
Siting priority on public property,
15,29.070
Required submittals and testing.
15.29.080
Co -location.
15.29.090
Design criteria.
15.29.100
Permits required.
15.29.110
Inspection requirements.
15.29.120
Non-use/abandonment.
15.29.130
Third party review.
15.29.140
Conditional use permits — Procedures — Conditions for granting.
15.29.150
Conditional use permits — Effect of hearing examiner decision.
15.29.160
Application form.
15.29.170
Filing fees.
15.29.180
Notice of hearing — Conditional use permits.
15.29,190
Reapplication.
15.29.200
Transfer of ownership,
15.29.210
Vacation of permits.
15,29.220
Violation — Penalty.
15.29.010 Purpose.
A. The purpose of this chapter is to establish general guidelines for the siting of towers and antennas.
The goals of this chapter are to:
. Enhance the ability of personal wireless service providers to provide such servic
thrEughout the city quickly, effectively, and efficiently; I
2. Encourage personal wireless service providers to locate towers and antenna in
nonresidential areas;
3. Encourage personal wireless service providers to co -locate on new and existing tower sites;
4. Encourage personal wireless service providers to locate towers and antennas, to the extent
possible, in areas where the adverse impact on city residents is minimal;
DOC.
1 N D FEX
5� Encourage personal wireless service providers to configure towers and antennas in a way
that minimizes any significant adverse visual imped�and
6. Provide for the wireless communications needs of governmental entities,
Accordingly, the city council finds that the promulgation of this chapter is warranted and necessary:
1 . To manage the location of towers and antennas in the city-,
3. To minimize adverse visual impacts of towers through careful design, siting, landscape
screening, and innovative camouflaging techniques;
4. To accommodate an increased need for towers to serve the wireless communications needs
5. To promote and encourage co -location on existing and new towers as an option rather than
construction of additional single -use towers, and to reduce the number of such structures
needed inthe h8una�
8. To consider the public health and safety of towers to the extent permitted by the
Telecommunications Act of1DS6;and
7. Toavoid potential damage toadjacent properties through sound engineering practices and
the proper siting ofantenna support structures,
B, New Uses. All new antennas shall comply with this chapter after the effective date of the ordinance
codified in this chapter.
C. Existing Uses. All towers and antennas existing on the effective date of the ordinance codified in this
but will be considered nonconforming uses., Routine maintenance shall be permitted on existing towers
and antennas. However, new construction other than routine maintenance on existing towers, antennas,
buildings or other facilities shall comply with the requirements of this chapter.
|. These standards were developed tVprotect the public safety and welfare, bnprotect property
values and minimize visual impact while furthering the development of enhanced
telecommunication services in the city and providing for wireless communications necessary for
governmental purposes. These standards were designed tncomply with the
Telecommunications Act of 1996, The provisions of this chapter are not intended to and shall not
be interpreted to prohibit orto have the effect of prohibiting personal vima|eas services. This
chapter shall not be applied insuch emanner aa8ounreasonably discriminate between
providers of functionally equivalent personal wireless services.
2. To the extent that any provision ofthis chapter ioinconsistent orconflicts with any other city
ordinance this chapter shall control. Otherwise, this chapter shall be construed consistently with
the other provisions and regulations ofthe city.
3. The city shall approve, approve with conditions, or deny the application in accordance with
the time frames set forth in Title 16 YMC, Administration of Development Permit Regulations,
2nd in accordance with other applicable ordinances.
"Adminiskak)r"means the director mfthe city's department ofcommunity development and his o/her
designees.
"Affiliate" means person that (directly orindirectly) owns or controls, is owned or controlled by, or is
under common ownership or control with another person.
"Antenna" means any exterior apparatus designed for telephonic, radio, data, internet, or television
communications through the sending and/or receiving of electromagnetic waves, and includes equipment
attached to a (ower, structure or building for the purpose of providing personal vvina|ens services, including
unlicensed wireless telecommunications services, wireless telecommunications services utilizing
frequencies authorized by the Federal Communications Commission for "cellular," "enhanced specialized
mobile radio" and "personal cornmunications services," telecommunications services, and its attendant
base station.
natural grade to the highest point of the structure even if said highest point is an antenna. Measurement
*f tower height shall include antenna, base pad, and other appurtenances and shall be measured from
the natural grade of the parcel at the lowest elevation point of the support structure's perimeter. "Antenna
support structure" means any pole, telescoping mast, tower, tripod, or other structure which supports a
device used in the transmitting or receiving of radio frequency signals,
"Applicant" means any provider or any person, partnership, company, or government agency that files an
application for any permit necessary to instaU, meintain, or remove a personal vvina|eaa service facility
within the city.
"Balloon test" means a test for a reasonable period of time, not less than three consecutive workdays,
whereby a balloon of sufficient size to replicate the size of the top of a proposed tower and antenna array
is tethered to the ground at the location of the proposed base for a pending new tower application and the
balloon is suspended at the height that replicates the height of the proposed tower and antenna array. No
trees shall be removed to conduct the balloon test,
"Base station" is defined as a facility or structure consisting of radio transceivers, antennas, coaxial
cable, a regular and backup power supply, and other associated electronics, including a structure that
currently supports or houses an antenna, transceiver, or other associated equipment that constitutes
part of a base station, and encompasses such equipment in any technological configuration, including
"Camouflaged" means a personal wireless service facility that is disguised, hidden, or integrated with an
existing structure that is not a monopole or tower, or a personal wireless service facility that is placed
within on existing o/ proposed atrun1ure, or new structure, tower, ormount within evergreen trees mo as to
besignificantly screened from view, nrdesigned toresemble Surrounding natural features,
"Cell site" or^she^meonaatract orparcel ofland that contains personal wireless service facilities
including any antenna, support structure, accessory buildings, and parking, and may include other uses
associated with and ancillary topersonal wireless services.
"City" means the city of Yakima.
"City property" means all real property owned by the city whether in fee ownership or other interest
"Co -location" rneans the use of a personal wireless service facility or cell site by more than one personal
wireless service provider.
"Conditional Use pomnb^ur^CUP^meons aprocess and approval oadescribed inthis chapter and |nYk4C
Title 15.Yakima Urban Area Zoning Ordinance
"COW" means "cell on wheels," A cell on wheels or other temporary personal wireless communications
^Deaign^means the appearance of personal wireless service facilities, including such features as their
mak*ria|m, uo|ore, and shape.
"Equipment enclosure" means a structure, shelter, cabinet, or vault used to house and protect the
may include air conditioning, backup power supplies and emergency generators.
"Excess capacity" means the volume or capacity in any existing or future duct, conduit, rnanhole,
handhold or other utility facility within the right-of-way that is or will be available for use for additional
telecommunications facilities.
in
DOC.
INDEX
"Facilities" means all of the plant, equipment, fixtures, appurtenances, antennas, and other facilities
necessary hnfurnish and deliver telecommunications services and cable television men/imsm. including but
not limited to poles with cnomaarma. poles without oroesanms. vvinya. |ines, conduiba, oeb|ea,
communications and signal lines and equipment, braces, guys, anchors, vaults, and all attachments,
appurtenances, and appliances necessary or incidental to the distribution and use of telecommunications
services and cable television services.
"FCC" or "Federal Communications Commission" means the federal administrative agency, or lawful
successor, authorized to regulate and oversee telecommunications carriers, services and providers on a
national level.
11 Jill 111 1 111111 Is Jill, III III
"Governmental entity" means the state of Washington, Yakima County. the cdy, municipally owned
utilities, and special purpose districts including the school, fire and library districts,
"Grantee" means both licensees and franchisees granted certain rights and obligations as more fully
described herein.
"Hearings examiner" rneans the duly appointed hearings examiner of the city,
"Modification" means the changing of any portion of a personal wireless service facility frorn its
description in a previously approved permit. Examples include, but are not limited to, changes in design
"Mount" means the structure or surface upon which personal wireless service facilities are mounted
There are three types ofmounts:
A. Building Mounted. A personal wireless service facility mount fixed to the roof or side of a
B. Ground Mounted. Apersonal wireless service facility mount fixed bothe ground, such mma
C. Structure Mounted. A personal wireless service facility fixed to a structure other than 9
building, such as light standards, utility poles, and bridges.
"Occupy" means to omnmLnuct, instaU, maintain, own, or operate telecommunications facilities 1oom8sd
within city rights-of-way. The mere passage of electronic signals over, under, or through rights-of-way via
telecommunications facilities owned by another telecommunications provider does not constitute
occupying the rights-of-way.
"Overhead facilities" means utility facilities and telecommunications facilities located above the surface of
the ground, including the underground supports and foundations for such facilities.
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"Person" means oorpooations, uompanksa, omaociations, joint stock companies, firms. partnerships, limited
liability companies, other entities and individuals.
"Personal wireless sombe.^"personal wireless service fec|kiee.^and^fac|biea^ueedinthisdde shall be
defined in the same manner as inTitle 47. USC. Section 332(c)(7)(C), as they may be amended now orin
the future, and includes facilities for the transmission and reception of radio or microwave signals used for
onmmunivatiun, cellular phone, personal communications oervioea, enhanced specialized mobile radio,
and any other wireless services licensed by the FCC and unlicensed wireless services.
"Protected anaao^ any� (a) established federal, state or local historic districts or historic district overlay
zones-, (b) proposed federal. state or local historic districts or historic district overlay zones filed for record
with the federal, state or local agency with jurisdiction (hereafter "pending" historic district oroverlay
zonea)� (c) aiNys, buildings, structures orobjects |imbmd in the National Register of Historic Places-, (d) state
arid local wildlife refuges, and permanendyprotected archeological sham�and (e)designated areas
subject to preservation or protection through recorded conservation easement.
"Provider" means every corporation, compeny, association, joint stock company, firm, partnership, limited
liability company, other entity and individual that provides personal wireless service over personal
wireless service facilities.
"Rights-of-way" means land acquired or dedicated for public roads and streets, as further defined in
15.02.020, but does not include (a) land dedicated for roads, streets, and highways riot opened and riot
improved for motor vehicle use bythe public; (b) structures, including poles and conduits, located within
the right-of-way; or (c) federally granted railroad rights-of-way acquired under 43 USC, Section 912, and
related provisions of federal law, that are riot open for motor vehicle use.
"Right-of-way use permit" rneans the authorization by which the city grants permission to a service
provider to enter and use the right-of-way at a specific location for the purpose of installing, maintaining,
repairing, or removing identified facilities.
"Screening" means a continuous fence and/or evergreen landscaped planting that conceals the property it
encloses.
"Service provider" means every corporation, company, association, joint stock association, firm,
partnership, person, city, or town owning, operating or managing any facilities used to provide and
providing telecommunications orcable television services for hire, mm|e, or resale to the gmnmny| public.
Service provider includes the legal successor to any such corporation, company, association, joint stock
association, Drm, partnemship, person, city or town.
DOC.
INDEX
"Surplus space" means that portion of the usable space on a utility pole which has the necessary
clearance from other pole users, as required by the orders and regulations of the Washington Utilities and
Transportation Commission, to allow its use by a telecommunications carrier for a pole attachment.
"Secondary use" means a use subordinate to the principle use of the property, such as commercial,
residential, utilities, etc.
"Security barrier" means awall, fence, mrberm that has the purpose ofsealing apersonal wireless service
facility from unauthorized entry or trespass.
"Stealth" means a personal wireless service facility that is disguised, hidden, or integrated with an
existing structure that is not a monopole or tower, or a personal wireless service facility that iaplaced
within and disguised byanexisting orproposed structure,
"Telecom m u n ications carrier" includes every person that directly or indirectly owns, controls, operates or
manages plant, equipment or property within the city, used or to be used for the purpose of providing
telecommunications services 0mlocations outside the city,
"Telecommunications service" means transmission of information, except cable television memice, by
vvina, madio, optical cmb|a, e|ectromaAne\ic, orother similar meens, for hine, aa|e, orresale iothe general
public. For the purposes of definition "information" means knowledge or intelligence represented by any
form of writing, eigna, signals, picdurea, uounda, o/ any other symbols. Telecommunications service
excludes the over -the air transmission of broadcast television or broadcast radio signals, facilities
necessary for governmental purposes. The city shall act onanapplication within areasonable period of
time, taking into account the nature and scope ofthe application. Any decision (odeny anapplication
shall be in writing, supported by substantial evidence contained in awriUan record. The city shall approve,
approve with condition, or deny the application in accordance with the time frames set forth in YMC Title
16. Administration ofDevelopment Permit Regulations, and in accordance with other applicable
ordinances.
"Telecommunications service provider" includes every person that directly or indirectly owns, controls,
offering telecommunications services, except cable television service, to residents, businesses or other
locations within the city.
"Tower" means any structure that is designed and constructed primarily for the purpose of supporting one
or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term
encompasses personal wireless service facilities including radio and television transmission towers,
microwave towers, common -carrier towers, cellular telephone towers or personal communications
services towers, alternative tower structures, and the like, "Tower" also includes any structure built for
the sole or primary purpose of supporting FCC -licensed antennas and their associated facilities.
DOC.7 ������
INE)EX
"Underground facilities" means utility and telecommunications facilities located under the surface ofthe
ground, excluding the underground foundations or supports for overhead facilities,
"Usable space" means the total distance between the top of a utility pole and the lowest possible
attachment point that provides the minimum allowable vertical clearance as specified in the orders and
regulations ofthe Washington Utilities and Transportation Commission.
"Utility facilities" means the p|ard, equipment and property induding, but not limited to, the poes, pipem,
mains, conduits, ducts, cables, wires, plant and equipment located under, onorabove the surface mfthe
ground within rights-of-way and used or to be used for the purpose of providing utility or
telecommunications services.
"Unlicensed wireless services" rneans cornmercial mobile services that operate on public frequencies and
donot need anFCC license.
15.29.030 Exemptions.
The following are exempt froni the provisions of this chapter and shall be permitted in all zones:
A� Industrial processing equipment and scientific ormedical equipment using frequencies regulated by
the FCC
B. Antennas and related equipment mumamathan three feet iwheight Uhs&are being stored, shipped, mr
displayed for sale.
C, Radar systems for military and civilian communication and navigation.
D- Wireless radio utilized for temporary emergency communications in the event of a disaster
E. Licensed amateur (ham) radio stations,
F. Satellite dish antennas |eue than two meters in diameter, including direct to home satellite services,
when used as a secondary use of the property.
equipment(excluding structural work or changes in height, type or dimensions of antennas, towers, or
buildings); provided, that compliance with the standards of this chapter are maintained.
HSubject to compliance with all other applicable standards of this chapter, a building permit application
need not be filed for emergency repair or maintenance of a personal wireless service facility until thirty
L A C0VV or other temporary personal wireless telecommunications facility shall be permitted form
maximum mfninety days inany three hundred sixty-five day period mrduring awemergency declared by
the city.
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15.29.035 Modification of Existing Wireless Tower or Base Station.
Pursuant to 47 U.S.0 Section 1455(a), any request from an eligible facility for modification of an existing
wireless tower or base station, which modification consists of a request for co -location, removal, or
replacement of transmission equipment, that does not substantially change the physical dimensions of
such tower or base station shall be administratively processed and approved. This section states
provisions and procedures applicable to (a) requests for modifications that do not substantially change
the sica imensions of an existing wireless tower or base station and r t f d'f' ations
A. Definitions. The following terms shall have the following meanings for purposes of this section:
FCC -
(2) "Base station" is defined as a facility or structure consisting ofradio transceivers, antennas,
coaxial cable, a regular and backup power supply, and other associated electronics, including a
structure that currently supports or houses an antenna, transceiver, or other associated
equipment that constitutes part of a base station, and encompasses such equipment in any
technological configuration, including distributed antenna systems and small cells.
(a) the mounting of the proposed antenna on the tower would increase the existing height
of the tower by more than 10%, or by the height of one additional antenna array with
separation from the nearest existing antenna riot to exceed twenty feet, whichever is
greater, except that the mounting of the proposed antenna may exceed tile size limits set
forth in this paragraph if necessary to avoid interference with existing antennas; or
(b) the mounting of the proposed antenna would involve the installation of more than the
standard number of new equipment cabinets for the technology involved, not to exceed
four, or more than one new equipment shelter; or
(c) the mounting of the proposed antenna would involve adding an appurtenance to the
body of the tower that would protrude from the edge of the tower more than twenty feet,
or more than the width of the tower structure at the level of the appurtenance, whichever
is greater, except that the mounting of the proposed antenna may exceed the size limits
to connect the antenna to the tower via cable� or
(d) the mounting of the proposed antenna would involve excavation outside the cu
tower site, defined as the current boundaries of the leased or owned property
surrounding the tower and any access or utility easements currently related to the
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B, application any eligible facility requesting modification of an existing wireless tower or base station,
which modification consists of a request for co -location, removal, or replacement of transmission
equipment, shall submit an application, on a form provided by the City, for a modification permit. The
application shall include the following:
(1) The name, address, signature and contact information of the applicant, and identification of
relationship to any FCC licensee of the affected facility;
(2) Site plan or schematic drawing showing the current location and dimensions of the wireless
tower and base station, drawn to scale;
(3) Site plan and schematic drawing, drawn to scale, showing the location and dimensions of the
requested modification to the wireless tower and/or base statlon;
(4) a computation and description of the proposed modification establishing whether or not such
modification constitutes a substantial change in the physical dimensions of the existing facility;
and
(5) any other information deemed necessary or appropriate by the City to assist in the timely
processing of the application.
C, 8w,fwiqw aat tglftlr� rats rr'u, ter it��oMuyinalion raj ��ttdmSU`Inti�ll hEr1unGt�,r. Within 45 days of receipt of a complete
application for modification, the administrator shall review and issue a written determination as to whether
the requested modification constitutes (a) a substantial change to the physical dimensions of an existing
wireless tower or Mase station, or (b) no substantial change to the physical dimensions of an existing
wireless tower or base station. 'fhe administrator may request additional information from the applicant or
any other entity to assist in this determination.
(1) Modification Permit frNttriiw�g �btwi�ow u��� ��r�jN� l F� ctgg. If the administrator determines
that such application establishes that such requested modification does not substantially change
the physical dimensions of an existing wireless tower or base station, he shall issue a
modification permit. Issuance of such modification permit shall authorize issuance of any
necessary and appropriate building permits to accomplish such modification, subject to payment
by applicant of applicable permit fees and compliance with applicable permit requirements,
Issuance of all required permits shall occur within 90 days after receipt and approval of a
complete application for a modification permit. The administrator may impose conditions
necessary to achieve compliance with the provisions of this section.
(2) !Appjication I rndittg, of I)slantiral Ch anrL. If the administrator determines that such
application constitutes a substantial change to the physical dimensions of an existing wireless
tower or base station, he shall issue a written decision and deliver such decision to the applicant.
Any modification that substantially changes the physical dimensions of an existing wireless tower
orbase station shall besubject Uothe applicable permit and application requirements nfthis
chapter.
D. Appeal . The decision ofthe administrator shall constitute enadministrative decision subject to
appeal pursuant toChapter 18.D8YMC.
15.29.040 Site selection criteria.
A. Any applicant proposing bzconstruct anantenna support structure, mvmount anantenna onan
existing structure, shall evaluate different sites kzdetermine which site will provide the best screening and
camouflaging while providing adequate service to satisfy its function in the applicant's local grid system If
the applicant proposes asite that does not provide the best opportunities for screening and camouflaging
then the applicant must dernonstrate by engineering evidence why the facility cannot be located at the
site where it can be best screened and carnouflaged and why the antenna must be located at the
proposed site. Further, the applicant must demonsiratebyengineering evidence that the height requested
is the minimum height necessary tofulfill the site's function within the grid system,
B, Applications for necessary permits will only be processed when the applicant demonstrates either
that it is an FCC -licensed telecommunications provider or that it has agreements with an FCC -licensed
telecommunications provider for use orlease ofthe support structure,
C. Low power mobile radio service facilities shall be located and designed to minimize any significant
adverse impact on residential yvo�,erto values. Facilities shall be XIaced In locations where the existin
topography, vegetation, buildings, or other structures provide the greatest amount of screening.
D. In all zowua. location and design of facilities shall consider the impact of the facility on dhe
surrounding neighborhood and the visual impact within the zone district. In all zonem, towers shall be
significantly screened by placing them in trees to the extent that it does not result in significant signal
degradation.
15.29.045 Protected areas.
Protected areas are: (a) established federal, state or local historic districts or historic district overlay
zones; (b) proposed fedmra|, state or local historic districts or historic district overlay zones filed for record
with the federal, state or local agency with jurisdiction (hereafter ^pending" historic district or overlay
zones); (r) mihen, bui|dingm, structures or objects |iebsd in the National Register of Historic P|acea� (d) ahak*
and local wildlife refuges, and permanently protected archeological eitam�and (a)designated areas
subject to preservation or protection through recorded conservation easement. Except maprovided in
15.29,O5O.antennas and antenna support facilities are not permitted in or within 300 feet of any protected
area,
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15.29.050 Priority of locations.
The order of priorities for locating new personal wireless service facilities shall be as follows:
A. Co -locate antennas, towers and related structures on existing antennas, towers and facilities in
accordance with 15.29.080.
antennas, towers and related facilities are disguised by camouflage and/or stealth measures approved by
the administrator.
C. Place antennas, towers and related facilities on appropriate rights-of-way and existing structures,
such as buildings, towers, and water towers, in the industrial and commercial zoning districts, where such
antennas, towers and related facilities are disguised by camouflage and/or stealth measures approved by
the administrator,
D. Place antennas, towers and related facilities on properties in the industrial zoning districts where
such antennas, towers and related facilities are sight -screened as approved by the administrator.
Antennas, towers and related facilities on properties in the industrial zoning districts, which proposed
antennas, towers and/or related facilities are located within 300 feet from residential zoned districts, shall
be approved by the administrator, subject to disguise by camouflage or stealth deemed appropriate by
the administrator. Antennas, towers and related facilities on properties in the industrial zoning districts,
which proposed antennas, towers and related facilities are located within 300 feet from a protected area
require a conditional use permit with camouflage or stealth deemed appropriate.
E Place antennas and towers in districts zoned I ocal Business District (B--2) and Large Commercial
Center (LCC), subject to the following conditions:
1. Antennas, antenna support structures and towers located within the Local Business District
(B-2) or Large Commercial Center (LCC) districts shall be placed, if possible, no closer than 300
feet from residential zoned districts and no closer than 300 feet of a protected area. An
application to locate a new antenna, antenna support structure or tower within the B-2 or LCC
districts, and more than 300 feet from residential zoned districts and more than 300 feet from a
protected area may approved by the administrator, subject to the administrator's approval of
camouflage or disguise by stealth.
2. An applicant that wishes to locate a new antenna, antenna support structure or tower within
the B-2 or LCC districts, and within 300 feet from residential zoned districts or within 300 feet of a
protected area, shall demonstrate that a diligent effort has been made to locate the proposed
communications facilities on a site, private institutional structure, or other appropriate existing
structures more than 300 feet from residential zoned districts or more than 300 feet from a
protected area, and that due to valid considerations including physical constraints, and
technological feasibility, no more appropriate location is available. Such antennas, towers and
related facilities may approved by the administrator, subject to the administrator's approval of
12 DOC.
INDEX
camouflage or disguise by stealth. Such proposed structures are also subject to the balloon test
and/or photo -simulation requirements of 15.29.070 in order to assist the administrator in
determining appropriate camouflage and/or stealth requirements.
F. Place antennas and towers in residential zoning districts or within 300 feet of residential zoned
diotriota, other than within the B-2 and LCC zoning districts as provided in subsection Eahoma. subject to
the following conditions:
1. Anapplicant that wishes &olocate onew antenna support structure inoresidential zone, ur
within 30Ofeet odresidential zoned districts, shall demonstrate that mdiligent effort has been
made bzlocate the proposed communications facilities unugovernment facility, aprivate
institutional ebuctune, orother appropriate existing structures within a nonresidential zone, and
that due to valid considerations including physical conatrainta, and technological feasibility, no
more appropriate location is available.
2. Applicants are required to demonstrate: (i) that they have contacted the owners of structures
in excess of thirty feet within a one-quarter mile radius of the site proposed and which from o
location standpoint could provide part of a network for transmission of signals; (ii) have asked for
permission to install the antenna on those structures� and (iii) were denied permission ofuse for
reasons other than the ability or refusal of the applicant to pay a market rate for use of the
alternative structures.
3. The information submitted by the applicant shall include (i) a map of the area to be served
by the tower or antenna, (ii) its relationship to other cell sites in the applicant's network, and (iii)
an evaluation of existing buildings taller than 30 feet, within one-quarter mile of the proposed
tower or antenna which from a location standpoint could provide part of a network to provide
transmission of signals.
4. The proposed antenna, tower and antenna support structure iacamouflaged nrdisguised by
G. Place antennas and towers in or within 300 feet of a protected area, other than within the B-2 am
'-CC zoning districts as provided in subsection E above, subject to the following conditions:
1 . Antennas and towers facilities proposed to be located in or within 300 feet of an established
or pending federal, state or local historic district or historic district overlay, are facilities that may
affect districts, sites, buildings, structures or objects, significant in American history, architecture,
archeology, engineering or culture, that are listed, or are eligible for listing, in the National
Register of Historic Places. (See 16 U.S.C. 470w(5); 36 CFR part 60 and 800.). Applicant shall
comply with applicable provisions of the National Environmental Policy Act (NEPA), including but
not limited to the Environment Assessment provisions of 47 C,F.R. 1.1307, et seq and comply
with any mitigations imposed therein.
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2, Anapplicant that wishes kolocate anew antenna support structure inor within 3ODfeet of
an aprotected area, shall demonstrate that ediligent effort has been made tolocate the
proposed communications facilities on o government facility, a private institutional atruoture, or
other appropriate existing structures or site outside and more than 300 feet from a protected
area, and that due to valid considerations including physical constraints, and technological
feasibility, no more appropriate location is available.
3. Applicants are required to demonstrate: (i) that they have contacted the owners of structures
in excess of thirty feet within a one-quarter mile radius of the site proposed and which from a
location standpoint could provide part of a network for transmission of signals; (ii) have asked for
permission to install the antenna on those structures-, and (iii) were denied permission of use for
reasons other than the ability orrefusal ofthe applicant \opay amarket rate for use ofthe
alternative structures.
4� The information submitted by the applicant shall include (i) a map of the area to be served
bythe tower Vrantenna, (ii) its relationship tmother cell sites in the applicant's network. and (iii)
an evaluation of existing buildings taller than 30 feet, within one-quarter mile of the proposed
tower or antenna which from a location standpoint could provide part of a network to provide
transmission of signals
5. Antennas and towers facilities proposed to be located in an established or pending federal,
state orlocal historic district, historic district overlay, or other protected area, are subject to
review by the district's or organization's governing body or assigned committee regarding
recommendations for camouflage, stealth, and landscaped sight -screening elements.
The proposed antenna, tower and antenna Support structure is disguised by stealth
structure or iuommouflaged,
15.29.060 Siting priority on public property.
A. Where public property is sought to be utilized by an applicant, priority for the use of government-
owned land for wireless antennas and towers will be given to the following entities in descending order:
1 . City of Yakima, except that any facilities proposed for location within the Airport Safety
2. Public safety agencies, including law enforcement, fine and ambulance eervimea, which are
not part of the city of Yakima and private entities with a public safety agreement with the city of
3. Other governmental entities, for uses that are not related to public safety,- and
4, Entities providing licensed commercial wireless telecommunication services including
meUu|ar, personal communication services (PCS). specialized mobilized radio (SMR), enhanced
DOC.
14 INDEX
specialized mobilized nsdko(ESK4R). data, inbarnet, paging, and similar services that are
marketed to the general public.
B. Minir-num Requirements, The placement of personal wireless service facilities on city -owned property
is subject to the discretion and approval of the city and must comply with the following requirements:
2. The facilities will have nmsignificant adverse impact onsurrounding private property, orany
significant adverse impact is mitigated by screening, camouflage o/other condition required by
3. The applicant shall obtain adequate liability insurance naming the city as loss payee and
commit to a lease agreement that includes equitable compensation for the use Of public land and
other necessary provisions and safeguards The city shall establish fees after considering
comparable rates in other cities, potential expenses, risks to the city, and other appropriate
4. The applicant will submit a letter of credit, performance bond, or other security acceptable to
the city to cover the costs of removing the facilities;
5. The lease shall provide that the applicant must agree that in the case of a declared
emergency ordocumented threat topublic health, safety orwelfare and following reasonable
notice the city may require the applicant tmremove the facilities atthe applicant's expense.
Telecommunication facilities serving essential government services and other government
agencies shall have priority over other users,
6. The applicant must reimburse the city for any related costs that the city incurs because of
the presence of the applicant's facilities-,
8. The applicant must cooperate with the city's objective toencourage co -locations and thus
limit the number of cell sites requested.
C. Special Requirements for Parka. The use ofoih+owned parks for personal viva|eeo service facilities
brings with itspecial concerns due hothe unique nature ofthese sites. The placement ofpersonal
wireless service facilities in a park will be allowed only when the following additional requirements are
1. The city parks commission has reviewed and made a recommendation regarding proposed
personal wireless service facilities to be located in the park and this recommendation has been
forwarded to the city council for consideration and approval-,
15 +°����°��
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INDEX
2, |nmocase shall personal wireless service facilities beallowed imdesignated critical areas
(except aquifer recharge areas) unless they are oo-|ooahedonexisting facilities;
3. Before personal wireless service facilities may be located in public parks, visual impacts and
disruption mfnormal public use shall bemitigm�d-,
4, Personal wireless service feci|kieonnaybe|ooabydinpub|icparkathatamaadjacen to an
existing commercial orindustrial zone:
5. Personal wireless service facilities may be located in park maintenance facilities
15.29.070 Required submittals and testing,
Required submittals include:
A If the applicant is not the landowner, the landowner(s) shall be considered co-applicant(s) and shall
sign the application If any applicant is a corporation, trust, association, or other organized group or legal
enhty, it shall provide the deho of such crea1ion, and, if afonekJn oorporation, a copy ofthe certificate of
authority filed with the state of Washington, Secretary of State's Office.
B� Anaffidavit aignmdbyihwepp|icor8.|andnwne/(co-app|icard).nndU*»mnhynmsouppodainuctuna
owners, if different, indicating that',
1, They agree to dismantle arid remove the WCF/antenna support structure and restore the
site W its approximate original pre -structure condition within the applicable dme |im|(m set forth in
YK8C15,2Q]2Ufollowing receipt mfaletter from the city indicting that the facility isdeemed
abandoned or in violation of this chapter; and,
reasonable terms, of as many antennas and related equipment as feasible, including those of
other communication providers, on the applicant's structure/site.
C. Complete application for conditional use permit, including State Environmental Policy Act (SEPA)
O� A balloon test and photo -simulation as described in subsection F below are required for any
proposed antenna tower inorwithin 3O0feet of aprotected area, The balloon test shall beconducted
prior tothe hearing onthe permit application. The purpose ofthe balloon test is tuenable the applicant,
abutting and neighboring property owners, and the city to better understand the height and visual impact
ofthe proposed tower and antenna array and toprovide useful evidence for consideration before the
hearing examiner onthe permit application. Aballoon test iealso required when mnapplication for
modification proposes a substantial change to the height of an existing wireless facility. Advance notice
of the date and time of the balloon test shall be provided to owners of record of property within 300 feet of
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16 ������°
MDEX
the balloon test site. Such notice shall be given in accordance with the provisions of Chapter 16.05 YMC,
and may becombined with notice mfapplication. City will also post notice at alocation orlocations
deemed appropriate by the city, and will provide notice to the governing body of any affected historic
district association ororganization. Additionally, and without limitation, the city may use any other means
deemed advisable toprovide advance notice tothe public.
E. Other related requests may include any combination of site plans, surveys, maps, technical reports,
or written narratives necessary to convey the information required by this chapter in addition to any
additional requirements of YMC Title 15, and other applicable ordinances;
F A photo -simulation of the proposed facility from affected residential properties and public rights-of-
wayatxoryin0diatanoeemuutbepnovided. Where aballoon test imrequired for proposed facilities inor
within 3OQfeet ofaprotected area, then photos ofthe balloon test from six locations located
approximately three hundred feet from the base ofthe proposed tower and spaced evenly ina
circumference around the proposed tower shall be submitted within two weeks after the commencement
ofthe balloon test;
G. Asite elevation and landscaping plan indicating the specific placement cfthe facility onthe site, the
location ofexisting structures, trees, and other significant site features, the type and location of plant
materials used toscreen the facility, and the proposed materials used tnconstruct and co|or(a)ofthe
H. A signed statement indicating that (1 ) the applicant and landowner agree they will allow co -location
of additional personal wireless service facilities by other providers on the applicant's structure or within
the same site location, subject to good faith negotiation of compensation according to prevailing market
rates, and (2) the applicant and/or landlord agree to remove the facility within 60 days after abandonment-,
1, Copies of any environmental documents required by any federal agency. These shall include the
---nvironmental assessment required by FCC Paragraph 1.1307, or, in the event that an FCC
;tnvironmental assessment is not required, a statement that describes the specific factors that obviate the
,equirement for an environmental assessment;
J. A site plan clearly indicating the location, type and height of the proposed tower or antenna support
structure and antenna, accessory buildings, fencing, landscaping, topographic contours of the site at two -
foot intervals, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposem'
means of access, setbacks from property lines, elevation drawings of the proposed tower� and all other
items required in this chapter;
K. A current map and aerial showing the location of the proposed tower, a map showing the locations
and service
by applicant for the benefit of, or on behalf of, any other personal wireless service facility operator, and
those proposed by the applicant that are close enough to impact service within the city;
DOC
LLegal description of the parcel, if applicable;
K The approximate distance between the proposed tower and the nearest residential unit, platted
residentially zoned properties, and unplatted residentially zoned properties;
N. A landscape and irrigation plan showing specific landscape materials and irrigation system-,
OMethod of fencing, and finished color and, if applicable, the method of camouflage and illumination, -
?I. A letter signed by the applicant stating the tower will comply with all FAA regulations and EIA
Standards and all other applicable federal, state arid local laws and regulations;
(}� A statement by the applicant that the design of the tower will accommodate co -location of additional
antennas for future users;
R, The telecommunications company must demonstrate that it is licensed by the FCC if required to be
licensed under FCC negu|otions�
S. The applicant, if not the telecommunications service provider, shall submit proof of lease agreements
with an FCC licensed telecomMUnications provider if such telecommunications provider is required to be
licensed bythe FCC; and
T. Atthe time cfsite selection, the applicant shall demonstrate how the proposed site fits into its overall
network within the city.
U. A map showing the location of any properties that are within 300 feet of the proposed site that are
protected areas.
15.29.080 Co -location.
To minimize adverse visual impacts associated with the proliferation of towers, co -location of personal
wireless service facilities on existing or new towers is encouraged as follows:
A. Proposed facilities may, and are encouraged to, co -locate onto existing towers. Such co -location is
permitted by right and a new or additional conditional use permit approval is not required, unless
additional height or dimensions are proposed that constitute a substantial change to the tower and/or
base station pursuant to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012,
except that co -location shall be accomplished in a manner consistent with the policy, site criteria, and
landscape/screening/camouflaging provisions contained in this chapter.
The applicant must submit detailed plans to the planning department to determine if the conditionaluse
can be waived and an administrative permit issued. No building permit will be issued until approval is
11H
C The city may deny enapplication hoconstruct new facilities ifthe applicant has not shown by
substantial evidence that iLhas made a diligent effort 10mount the facilities onenexisting structure or
D� Toreduce the number ofantenna support structures needed inthe city inthe future, new proposed
support structures shall bedesigned hoaccommodate antennas for more than one wireless service
provider, unless the applicant demonstrates why such design is not feasible for technical or physical
reasons; or for aesthetic reasons necessary to preserve camouflaging or stealth structures in residential
or protected areas
E, Unless co -location is not feasible: (i) an applicant's site plan shall reserve an area for other providers'
equipment near the base ofthe applicant's tower Afirst hQht-of-/efusa|(which iaeither executed or
maintained while the providers personal wireless facilities and services are in use)to lease the area at the
base of the tower or mount for other providers will meet the reservation requiremont� and (ii) the site plan
for towers must propose space for at least one comparable provider,
F� All personal vine|e000en/iceprovido/sorhaaseesoragentsthereofahaUcoopamabeingoodfahhho
accommodate co -location with competitors. If dispute arises about the feasibility of co -locating, the city
may require a third party technical study, at the expense of tile applicant to resolve the dispute.
G. While co -location and the requirements herein are encouraged, co -location shall not take
precedence over the construction of shorter towers with appropriate screening.
15.29.O9QDesign criteria.
A. As provided above, new facilities shall be designed to accommodate co -location, unless tile
applicant clemonstrates why such design is not feasible for economic, technical, or physical reasons
B. All facilities shall comply with the following standards�
1 . Setback. A tower's setback shall be measured from the base of the tower to the property
line of the parcel on which it is located. In residential zones or where a proposed tower is on
property abutting a residential use, towers shall be set back from all property lines a distance
nqual to one hundred percent of tower height as measured from ground level. In all other zonef�,
#,r where a proposed tower site does not adjoin an existing residential use, towers shall be set
back a minimum of thirty feet. When making a decision on a variance application to reduce
setbacks, the hearing examiner shall consider the following:
a. Impact on adjacent properties, including viewsheds, shadowing, visual dominance of
the tower and base structures aeseen from streets and hghtm-nf+may, and historic integrity
ofthe neighborhood;
b� Alternative sites for personal wireless facilities,- and
M
u. The extent to which screening and camouflaging will mitigate the effects of the
personal wireless facilities.
2, Right-of-WaySetback Exception. The setback requirement iawaived Jthe antenna and
antenna support structure are located inthe city right-of+way. provided the antenna ieattached b/
an existing utility pole and does not substantially increase the height of the utility pole and/or
extend above the utility pole by an amount determined to be a substantial modification pursuant
toSection 84OQ(a)ofthe Middle Class Tax Relief and Job Creation Act of2012and applicable
interpretations of the Federal Communications Commission . Wireless facilities attached to utility
poles are permitted in all zones subject to approval by the city in its sole discretion, and pursuant
tolicense orfranchise agreements with the city
3. Tower and Antenna Height. The applicant shall have. the burden of demonstrating that the
tower and antenna is the minimuni height required to meet the proven communications need, No
tower or antenna that is taller than this minimum height shall be approved, No tower or mount
together with antenna shall exceed sixty feet in all oing|e-fomi|y, multifamily rea|dendai.
Downtown Commercial, and Professional Office zones or one hundred ten feet in other zones,
4� Tower Separation. In no case shall towers be located closer than five hundred feet from
another tower whether it is owned or utilized by applicant or another provider, unless the city
daaignahaeareas where multiple towers can belocated incloser proximity. |nresidential districts
and protected areas, no tower shall be located closer than 1,500 feet from another tower
whether it is owned or utilized by applicant or another provider, unless the city designates areas
vvhena multiple towers can he located in closer proximity.
5. Color, Towers shall have odark color such asforest green, charcoal or dark bnown,
depending on the surroundings or background that minimizes their visibility, unless a different
color imrequired bythe FCC orFAA, Colors shall bemaintained and repainted aanecessary 10
maintain original co|or, to repair fading through woa{hehng, and to prevent flaking.
6. Lights, Signals and Signs. No signals, lights, or signs shall be permitted on towers unless
required or allowed by the FCC or the FAA. Should lighting be required, in cases where there
are residents located within a distance that is three hundred percent of the height of the tower,
then dual mode lighting shall be requested from the FAA.
7. Fencing, A well -constructed wall or wooden fence not less than six feet in height from the
finished grade shall beprovided around each personal wireless service facility. Access hothe
tower shall be through a locked gate. The use of chain link, plastic, vinyl, or wire fencing is
prohibited unless it isfully screened from public view bya minimum eight -foot -wide landscaping
8, Landscaping
0������
��~
20 �������
�"�������
a, Landscaping. Landscaping, as described herein, shall be required to buffer personal
wireless service facilities to soften the appearance of the cell site. The city may permit any
combination of existing vegetation, topography, walls, decorative fences or other on-site
features instead of landscaping, if they achieve the same degree of screening as the
required landscaping. Wire fencing may be allowed if it is fully screened, If the antenna is
mounted flush on an existing building, and other equipment is housed inside an existing
structure, landscaping shall not berequired.
b. Buffers. The visual impacts of a personal wireless service facility shall be mitigated
through landscaping or other screening materials at the base of the tower and ancillary
structures. The following landscaping and buffering shall be required around the perimet
of the tower and accessory structures, Landscaping shall be installed on the outside of
fences. Further, existing vegetation shall be preserved to the maximum extent practicabI
and may be used as a substitute for or as a supplement to landscaping requirements, I
feet apart shall be planted around the perimeter of the fence.
ii Acontinuous hedge adleast thirty-six inches high aiplanting capable wfgrowing
bo at least forty-eight inches in height within eighteen months shall be planted ill front
of the tree line referenced above.
iii. An automatic irrigation system providing irrigation as needed according to plant
type, season and maturity ofplantings.
iv. To guarantee required landscaping the applicant shall provide the city with a two-
year
v.. In the event that landscaping is not maintained at the required level after the two-
year landscape guarantee period, the city after giving thirty days' advance written
notice may maintain or establish the landscaping and bill both the owner and lessee
for such costs until such costs are paid in full.
9. Screening. Screening, camouflaging or otherwise integrating a telecommunications facility
into existing features on the site in order to make the facility as visually unobtrusive as possible,
shall take priority over increased height to accommodate co -location. A personal wireless
telecommunications facility shall be integrated through location and design to blend in with the
existing "character" ofthe site sVasb)bevisually unobtrusive orscreened, Tmbeconsidered
screened the tower or mount shall be placed amongst and adjacent to (within twenty feet) of the
drip line of three or more evergreen trees at least seventy-five percent of the height of the facility,
Tuensure the screening trees are preserved the following note shall berecorded onthe property
��
�
21 ������°
NN DEX
All trees within 50 feet of the telecommunications facility located on this property, which serve to
screen the telecommunications facility shall be retained for the life of the telecommunications
facility. Screening trees may only be removed if deemed diseased or dangerous by a certified
arborist_ Before any trees can be removed a report from the certified arborist shall be submitted to
the City for review and approval. Unless approved by the City, only that portion of the tree
required to remove the hazard can be removed.
If located in or within 300 feet of a residential zoning district or in or within 300 feet of
established or pending federal, state or local historic district overlay zones, structures,
sites or objects listed in the National Register of Historic Places, state and local wildlife
refuges, and permanently protected archeological sites, camouflaging shall be
accomplished by designing the facility to look like surrounding evergreen trees or other
customary structures in the area.
10. Required Parking, If the cell site is fully automated, adequate parking shall be required for
maintenance workers. If the site is not automated, arrangements for adequate off-street parking
shall be made and documentation thereof provided to the city. Security fencing should be
colored or should be of a design which blends into the existing environment.
11. Antenna Criteria. Antenna on or above a structure shall be subject to the following:
a. The antenna shall be architecturally compatible with the building and wall on which it is
mounted, and shall be designed and located so as to minimize any adverse aesthetic
impact.
b. The antenna shall be mounted on a wall of an existing building in a configuration as
flush to the wall as technically possible and shall not project above the wall on which it is
mounted unless it Must be for technical reasons. In no event shall an antenna project more
than sixteen feet above the roofline, including parapets.
c. The antenna shall be constructed, painted, or fully screened to match as closely as
possible the color and texture of the building and wall on which it is mounted.
d. The antenna may be attached to an existing conforming mechanical equipment
enclosure which projects above the roof of the building, but may not project any higher than
Dim
e. If an accessory equipment shelter is present, it must blend with the surrounding
buildings in architectural character and color. Materials shall be brick, split face block,
horizontal siding, or similar high quality durable materials common to residential or
commercial buildings,
00C.
22 INDEX
f The antenna and any accessory buildings must be architecturally and visually (oo|or.
mize, bulk) uompsdih|a with surrounding existing bui|dingm, aUoutunaa, vegetation, and uses,
Such facilities will beconsidered architecturally and visually compatible if they are
camouflaged tqdisguise the facility.
g. Site location and development shall preserve the pre-existing character of the site as
much as Aossible. Existin& vegetation should be �reserved or imVro-yed- and disturbance of
the existing topography of the site should be minimized, unless such disturbance would
result in less visual impact of the site on the surrounding area. The effectiveness of visual
mitigation techniques must be evaluated by the city, in the city's sole discretion
h. On buildings thirty feet or less in heiOMt, the antenna may be mounted on the roof if tile
following additional criteria are satisfied:
i The city finds that it is not technically possible or aesthetically desirable to mount
the antenna mna we|i
ii Roof -mounted antenna and related base stations are completely screened fron)
view bymaterials that are consistent and compatible with the design, oo|or, and
materials of the building.
iii. No portion of the antenna may exceed sixteen feet above the height nfthe
existing building.
i For antenna attached 0othe roof orsides ofebuilding sdleast thirty feet inheight, all
existing (ower, a water tank, or similar structure the antenna must be either: An omni-
directional or whip antenna no more than seven inches in diameter and extending no more
than sixteen feet above the structure towhich they are attaohed� or
structure to which they are attached by no more than ten feet.
If the antenna is placed on the roof or above the top of a building, it shall provide 2
minimum setback equal to the height of the panel antenna from the rooftop edge.
Antenna, antenna arrays, and support structures not on publicly owned property shall not
extend more than sixteen feet above the highest point of the structure on which they are
mounted, The antenna, antenna array, and their support structure shall hemounted moam
toblend with the structure tuwhich the antenna is attached. The antenna and its support
structure shall be designed to withstand a wind force of one hundred miles per hour without
the use of supporting guy wires. The antenna, antenna array, and their support structure
shall be a color that matches the field or trim color ofthe structure on which they are
mounted.
°
23 ---
!AMEX
I. Guy Wires Restricted, Noguy nrother support wires shall beused inconnection with
such antenna, antenna array, or its support structure except when used to anchor tile
antenna, antenna array, or support structure to an existing building to which Such antenna,
antenna array, or support structure is attached.
k, If apropoaed antenna ialocated onabuilding ormlot subject hoaland use permit,
approval ierequired prior hothe issuance ofabuilding permit.
12, Equipment Structures,
e. Ground level mquipment, buiWinQa, and the tower base shall bescreened from public
view and from the view of abutting properties, The standards for the equipment buildings
b� The maxinnumfloor area iathree humdnedsquare feet arid the moximumnheight is
twelve feet.
o. Except in unusual circurnstances or for other public policy considerations the
equipment building may be located no more than two hundred fifty feet from tile tower or
antenna. Depending upon the aesthetics and other issues, the c|ty, in its sole diouretion,
may approve multiple equipment structures orone or more larger structures.
d Ground level buildings shall be screened from view by landscape plantings, fencing, or
other appropriate meana, as specified herein or in other city ordinances.
o. In instances where equipment buildings are located in residential zones, equipment
buildings shall comply with setback reqUirements and shall be designed so as to conform in
appearance with nearby residential akuc1u/ms, including building form, materials and color.
f. Roof -mounted. Equipment buildings mounted on a roof shall be designed to match and
be integrated into the exterior design and mah»hu|o of the building. Equipment for roof -
mounted antenna may also be located within the building on which the antenna is mounted,
oofmountedantannamaya|aobe|noatedwithinthebui|dingonwhiuhtheentannaismountad.
Equipment buildings, antenna, and related equipment shall occupy no more than twenty -
in the city's sole discretion if co -location and an adequate screening structure is used.
13� Federal Requirements. All towers must meet or exceed current standards and regulations
ofthe FAA, the FCC, and any other agency ofthe federal government with the authority to
regulate towers and antennas. |fthose standards and regulations are changed, then personal
wireless service providers governed by this chapter shall bring their towers and antennas into
compliance with the revised standards and regulations within three months of their effective date
or the timelines provided by the revised standards and regulations, whichever time period is
DOC.
24 IND"
.�
longer. The revised standards and regulations are riot retroactively applicable toexisting
providers, unless otherwise provided or permitted by federal law. Failure to bring towers and
antennas into compliance with the revised standards and regulations shall constitute grounds for
14. Building Codes—Safety Standards. To mmsuns the structural integrity oftowers, the owner
of a tower shall ensure that it is maintained in compliance with standards contained in applicable
city building codes and the applicable standards for towers that are published by the Electronic
Industries Association (^BA^), as amended from time to time If, upon inspecdon, the city
concludes that a tower fails hocomply with such codes and standards and constitutes adanger
topersons orproperty, then upon notice being provided tmthe owner ufthe tower, the owner
aheU have thirty days to bring the tower into compliance with such standards. If the owner fails to
bring its tower into compliance within thirty days, the city may remove the tower atthe owner's
expense.
15. Structural Design. Towers shall be constructed to the EIA Standards, which may be
amended from tirne to time, and to all applicable constrUction/building codes, Further, any
improvements or additions to existing towers shall require submission of site plans stamped by a
professional engineer that demonstrates compliance with the EIA Standards and all other good
industry practices, The plans shall be submitted and reviewed at the time building permits are
requested.
No personal wireless service provider or lessee shall fail to assure that its antenna complies at
all times with the current applicable FCC RF Emission standards. After installation, but prior to
putting the antenna in service, each provider shall submit a certification by an independent
professional engineer hothat effect, |nthe event that anantenna isco-located with another
antenna, the certification must provide assurances that FCC approved levels ofelectromagnetic
radiation will riot be exceeded bythe co-|ocation.
M Antenna Support Structure Safety. The applicant shall demonstrate that the proposed
by support structure failure, falling ice, or other debris or interference. All support structures shall
be fitted with anti -climbing devices, as approved by the manufacturers.
15.29.1DOPermits required.
In addition to the other provisions of this chapter the following permits are required unless otherwise
��
LI�����.
25
����)EX
1 . Modifications to eligible existing facilities pursuant to 15.29,035 and 15,29.080 that do not
constitute a substantial change: modifications that constitute a substantial change require a
variance;
2. Antennas, towers and related facilities located within or upon government-owned property or
structures where such antennas, towers and related facilities are disguised by camouflage and/or
stealth measures approved by the city;
3. Antennas, towers and related facilities located on appropriate rights-of-way and existing
structures, such as buildings, towers, and water towers, in industrial and commercial zoning
districts where Such antennas, towers and related facilities are disguised by camouflage and/or
stealth measures approved by the city-,
4, Antennas, towers and related facilities located within industrial zones of the city, including
proposed locations within 300 feet of residential zoned districts, where such antennas, towers
and related facilities are disguised by camouflage and/or stealth measures approved by the city;
5, Antennas, towers and related facilities located within the Local Business District (B--2) and
Large Convenience Center (LCC) zoning districts where such proposed site is (a) more than 300
feet from residentially zoned districts and more than 300 feet from a protected area, and (b) such
structures are camouflaged and/or disguised by stealth measures approved by the city.
An applicant that wishes to locate a new antenna, antenna SLIpport structure or tower within the
B-2 or LCC districts, and within 300 feet from residential zoned districts or within 300 feet of a
protected area, shall demonstrate that a diligent effort has been made to locate the proposed
communications facilities on a site, private institutional structure, or other appropriate existing
structures more than 300 feet from residential zoned districts or more than 300 feet from a
protected area, and that due to valid considerations including physical constraints, and
technological feasibility, no more appropriate location is available Such antennas, towers and
related facilities may approved by the administrator, subject to the administrator's approval of
camouflage or disguise by stealth. Such proposed structures are also subject to the balloon test
and/or photo -simulation requirements of 15,29.070 in order to assist the administrator in
determining appropriate camouflage and/or stealth requirements.
S. Except as set forth in subsection A above, a conditional use permit is required for all proposed
antennas, towers and related facilities.
C. Procedures governing variances are set forth in Chapter 15.21 YMC; provided, however, that the
criteria for variance approval shall be governed by the following provisions. A variance from the height or
area limit that constitutes a substantial change may be granted if the applicant can show by evidence that
the additional height is necessary to provide adequate service to the residents of the city and no other
26 DOC.
INDEX
alternative is available. When granting a variance the examiner shall require that a significant portion of
the tower and related facilities be screened by existing evergreen trees or existing structures.
1 , The purpose of this subsection is to provide a means of increasing the maximum height of
tower and antenna in specific instances where the strict application of those limits would deprivQ
a tower or antenna operator from achieving the minimum height required to meet the proven
2. The examiner shall have the authority to grant a variance from the maximum height allowed
for tower or antenna when, in his/her opinion, the conditions as set forth in subsection (3) herein
have been found to exist. In such cases a variance may be granted which is in harmony with the
general purpose and intent of this chapter.
all ofthe following:
a. That there is evidence that additional height isrequired toprovide adequate service Uo
the residents of the city and that no other alternative is available;
b. That there are special 6vruIII stances applicable hothe subject property such asshape,
topography, location, or surroundings that prevent the operator from achieving thn
minimumheight required b/meetthe proven communications need;
c. That the granting ofsuch variance will not be materially detrimental to \he public
welfare or injurious to the property or improvements in the vicinity;
d. That any vieua| impacts will be mitigated to the Qneab»mt extent possible using
camouflage or screening, including but not limited to strategic placement next to existing
buildings or vegetation or incorporation with architectural features of existing buildings or
structures;
visibility ofthe facility from residentially zoned |emj and to minimize the obstruction of
scenic views from public properties,- and
4. The applicant has the burden of proving that the proposed variance meets all of the criteria
in subsection (13)(3) of this section, Decision Criteria.
5. The examiner may approve an application for a variance with additional requirements above
those specified in this title or require modification of the proposal to comply with specified
requirements or local conditions,
6. The examiner shall deny a variance if the proposal does not meet or cannot be conditioned
or modified to meet subsection (13)(3) of this section,
a. Project permit review procedures are specified in YMC Title 16, Administration of
Development Permit Regulations. The following table specifies the permits required for the
v2,rinus tvnPs wf nprsond wireless serv' "I'll " ips f�vt_mppt t1tP st2,nd.-,rds of this chaoteq�-.
nkomo
M
New Tower (City -owned Property)
New Tower (Public Property)
New antenna (existing structures, industrial
and commercial zoning districts)
OR
iI .
W .614 SO
•
-
anE more than 300 feet from
protected area)
New Tower (industrial zoning district,
within 300 feet of residential zone)
New Tower (industrial zoning district, within
300 feet of protected area)
Permit Required
Administrative Permit
M
of camouflage/stealth)
of camouflage/stealth)
of sight -screening)
mrwwir�'yp n -71"'m
of camouflage/stealth)
Conditional Use Permit
New Tower (B-2 or LCC zoning district, Administrative F:Iermit (with approval
more than 300 feet from residential zone and of carnouflage(stealth)
28 DOC.
INDEX,
New Tower (B-2 or LCC zoning district,
300 feet of protected area)
New Tower (within 300 feet of residentia
zoning district, not in B-2 or LCC district)
New Tower (within 300 feet of
protected area, not in B-2 or LCC district)
Administrative Permit
15.29.110 Inspection requirements.
Within 60 days of any required safety inspection performed in accordance with EIA and FCC standards,
the facility operator yhoU file a copy of the report with the city. Each year after the facility becomes
operational the facility operator shall file with the city a copy of maintenance reports for the prior twelve
months. The applicant shall provide a financial guarantee in the form of a bond or other financial
instrument acceptable to the city in an amount sufficient to reimburse all costs associated with facility
removal should Kbenecessary.
N. Abandonment. Ro less than thirty days prior to the date that a personal wireless service provider
plans to abandon or discontinue operation of a facility, the provider must notify the city of Yakima by
certified U.S. mail of the proposed date of abandonment or discontinuation of operation. In the event that
a licensed carrier fails to give notice, the facility shall be considered abandoned upon the city's discovery
of discontinuation of operation. Upon such abandonment, the provider shall have sixty days or additional
period of time determined in the reasonable discretion of the city within which to:
Mam
Z In the event that abandonment as defined in this chapter occurs due to relocation of an
antenna at a lower point on the antenna support structure, reduction in the effective radiated
power of the antenna or reduction in the number of transmissions from the antennas, the
operator of the tower shall have six months from the date of effective abandonment to co -local
0��
29 ������°
another service on the krwm/. If another service provider is not added to the tower, then the
operator shall promptly dismantle and remove the portion mfthe tower that exceeds the minimum
height required to function satisfactorily. Notwithstanding the foregoing, changes which are made
to personal w4ma|esn facilities which do not diminish their essential role in providing e total system
shall not constitute abandonment, However, in the event that there is a physical reduction in
height ofsubstantially all of the provider's towers in the city or surrounding area then all of the
towers within the city shall similarly be reduced in height.
3. Dismantle and remove facility. If the tower, antenna, foundation, and facility are not removed
within the sixty-day time period oradditional period oftime allowed bythe city, the city may
remove such tower, antenna, foundation, and related facility at the provider's expense. If there
are two or more providers co -locating on a facility, except as provided for in the paragraph
above, this provision shall not become effective until all providers cease using the facility.
At the earlier ofsixty days from the date ofabandonment without reactivating orupon completion cd
dismantling and removal, city approval for the facility shall au(nmmhcaUyexPiny.
15.29.130 Third party review.
Personal wireless service providers use various methodologies and analyses, including geographically -
based oomputersoftware, 1odetermine the specific technical parameters mftheir services and low power
mobile radio service facilities, such as expected coverage area, antenna configuration, topographic
constraints that affect signal paths, etc. In certain inabsnces, aUhird party expert may need bzreview the
technical data submitted by a provider. The city may require a technical review as part of a permitting
process. The costs ofthe technical review shall bmborne bythe provider,
The selection of the third party expert may be by Mutual agreement between the provider and the city, or,
at the discretion nfthe city, with a provision for the provider and interested parties to comment on the
proposed expert and review its qualifications. The expert review is intended to address interference and
public safety issues and be a site-specific review of technical aspects of the facilities or a review of the
providers' methodology and equipment used and not asubjective review ofthe site that was selected by
a provider. Based on the results of the expert review, the city may require changes to the provider's
application. The expert review shall address the following:
A. The accuracy and completeness of submissions;
BThe applicability of analysis techniques and methodologies-,
C,, The validity mfconclusions reached; and
D, Any specific technical issues designated by the city
A Application, An application for a conditional use permit under this chapter shall be submitted
tothe director ofthe city's community development department who shall review such application for
completeness and compliance with filing requirements under this chapter and applicable codes of the city,
in accordance with the provisions and procedures of YMC 1.43.090 and Title 16 YMC. Prior hoissuing e
determination of completeness, the director shall have authority to request additional information and
reports from the applicant, including but not limited bothird party review inaccordance with YK8C
15.29.130 and naports, surveys and tests as provided in YK8C 15.29.070. when the dinsctnr, in his or her
sole discretion, deems such additional information necessary or appropriate to make the application
comp|eta, to address mitigation measures identified in SEPA. NEPA orother environmental reviews, to
address issues of site screening or other measures to mitigate impacts upon the surrounding
neighborhood, or to address any other impact to the life, health, safety or persons, or quiet enjoyment of
prnperty, identified by the director as |ike}y, with reasonable p/obubi|ity, to result from the proposed
project.
Upon the director's determination that the application is complete and in compliance with filing
requirements of this ohapter, the direoimr, in coordination with the hearing examiner' shall be responsible
for assigning a date for and assuring due notice of public hearing for each application, which date and
notice shall beinaccordance with the provisions ofTitle 16YW1C.
B�VVhanoonaiduhnganapp|icationfoxaoonditkma|usepemnh.dleheoring
L-
examiner shall consider the applicable standards, criteria and policies established by this title as they
pertain to the proposed use and may impose specific conditions precedent to establishing this use.
(1) Before any conditional use may be granted, it shall be shown that,
(a) The proposed use will not be materially detrimental to the public welfare orinjurious tothe
property or improvements in the vicinity ofthe proposed use or in the district in which the
subject property is located;
(b) The proposed use shall meet mrexceed the performance standards that are required in
the zoning district the proposed use will occupy;
(c) The proposed development shall be compatible generally with the surrounding land us
in terms of traffic and pedestrian circulation, building and site design-, I
(d) The proposed use shall beinkeeping with the goals and policies ofthe comprehensive
land use policy plan;
(e) All measures have been taken to minimize the possible adverse impacts, which the
proposed use may have on the area in which hiolocated.
M
DOC.
I�������
��������
(a) Increase requirements in the standards, criteria or policies established by this title:
(b) Stipulate the exact location asameanmofminimizing hazards 10life, limb, property
damage, erosion, landslides mr/maffic�
(u) Require structural features or equipment essential to serve the same purpose set forth
(d) Impose conditions similar to those set forth in subsections (2)(b) and (2)(c) of this section
as deemed necessary tmestablish parity with uses permitted inthe same zone intheir freedom
from nuisance generating features in matters ofnoise, ndors, air po||uhon, waehae, vibmabon,
tnaffQc, physical hozarda, and similar matters-, pn>vided, the hearing examiner may not, in
connection with action on a conditional use permit, reduce the requirements specified by this
title as pertaining to any use or otherwise reduce the requirements of this title in matters for
which avariance iathe remedyprovided;
(e) Assure that the degree ofcompatibility with the purpose ofthis title shall bemaintained
with respect to the particular use on the particular site arid in consideration of other existing and
potential uses, within the general area in which the Use is proposed to be located;
UU Recognize and compensate for variations arid degree of technological processes and
equipment as related hothe factors of noise, ummke, duut, iumes, vibration, odors, and hazard
orpublic need; and
(g) Require the posting of construction and maintenance financial security sufficient to secure
to the city one hundred fifty percent of the estimated Cost Of COnStrLlCtiOn and/or installation and
fifteen percent maintenance of required improvements.
15.29.150 Conditional use permits — Effect of hearing examiner decision.
The decision of the hearing examiner on a conditional use permit shall be final and conclusive with right
of appeal to the city council in accordance with YMC 16.08.030.
15.29]6OApplication form.
The director of the city's community development department may prescribe the form in which
applications are made for aconditional use permit and other applications authorized pursuant twthis
chapter. The director may prepare and provide printed forms for such purpose and may prescribe the
type of information to be provided in the application by the applicant. No application shall be accepted
unless i\complies with such requirements.
15.29.170 Filing fees.
M
��
�
���.
INDEX
��
'rhe application for- oconditional use permit shall be accompanied byafiling fee inthe amount of
�
15.29.180 Notice of hearing - Conditional use permits.
Notice of all public hearings shall be given and prepared as required by Chapter 16.05 YMC,
15.29.190 Reapplication.
Upon final action amset forth inthis chapter |ndenying onapplication for a conditional use permit, the city
shall not accept further filing of an application for substantially the same matter within one year from the
date ofany final denial ofenapplication.
15�9.20DTransfer mfownership.
A conditional use permit runs with the land; compliance with the conditions of any such permit is the
responsibility of the current owner of the property, whether that is the applicant or a successor. No permit
for which mfinancial security |urequired shall beconsidered valid during any time inwhich the required
financial security isnot posted.
15.29.21OVacation ufpermits.
A. Any conditional use permit issued pursuant to this chapter may be vacated upon approval by the
current landowner; provided, that-,
2. The use has been terminated and no violation of terms and conditions of the permit exist
B� Requests to vacate permit shall be made in writing to the zoning code administrator who shall
determine if the above conditions are present prior to authorizing the vacation. Vacation of any permit
shall be documented by the filing of a notice of land use permit vacation on a form provided by the
community development department with the city,
15.29.220 Violation - Penalty.
AMMs Morm iihl� �-- �Ma IMM-ToTer4mhall be mandatora, An�yj violation of the Arrovisions of thl
chapter shall be a misdemeanor subject to the penalties and remedies established in YMC 6.02.050.
Additionally, any violation of the provisions of this chapter, and any installation and/or operation of any
structure in violation of the provisions of this chapter, shall be deemed a public nuisance and violation
subject to penalties and remedies available under state law and city codes. The enforcement actions
authorized under this code shall be supplemental to those general penalties and remedies of Chapter
6.02 YMC and the public nuisance penalties and remedies available under state law and city codes. I
DOC
33 11,R)EX
Chapter 15.29
Sections:
15.29.010
Purpose.
1519.020
Definitions.
15.29,030
Exemptions.
15,29.035
Modification of Existing Wireless Tower or Base Station.
15.29.040
Site selection criteria.
15.29.045
ocakons 1I Iroteded iouaOoins.
15.29.050
Priority of locations.
15.29.060
Siting priority on public property.
15.29070
ReqUired Submittals and testing.
15.29.080
Co -location.
15.29.090
Design criteria.
15.29.100
Permits required.
15.29.110
Inspection requirements.
15.29.120
Non-use/abandonment.
15.29.130
Third party review.
15.29.140
Conditional use permits — Procedures — Conditions for granting,
15.29,150
Conditional use permits — Effect of hearing examiner decision,
15.29.160
Application form.
15.29.170
Filing fees.
15.29.180
Notice of hearing — Conditional use permits.
15.29.190
Reapplication.
1529.200
Transfer of ownership.
15.29.210
Vacation of permits.
15.29.220
Violation — Penalty.
15.29.010 Purpose.
A. The purpose of this chapter is to establish general guidelines for the siting of towers and antennas.
The goals of this chapter are to:
1 . Enhance the ability of personal wireless service providers to provide such services
throughout the city quickly, effectively, and efficiently;
2. Encourage personal wireless service providers to locate towers and antenna in
nonresidential areas;
15071031MM
4. Encourage personal wireless service providers to locate towers and antennas, to the exte
possible, in areas where the adverse impact on city residents is minimal; I
WDEX
5Encourage personal wireless service providers to configure towers and antennas in a way
that minimizes any significant adverse visual |mVmct� and
DOC 11 11 11111111W.1101 1140,166VIS M -
Accordingly, the city council finds that the promulgation of this chapter is warranted and necessary�
1 To manage the location of towers and antennas in the city;
3. To minimize adverse visual impacts of towers through careful design, siting, landscape
screening, and innovative camouflaging techniques;
4� To accommodate an increased need for towers to serve the wireless communications needs
of city residents-,
5. To promote and encourage co -location on existing and new towers as an option rather than
construction of additional single -use towers, and to reduce the number of such structures
needed in the future;
0� To consider the public health and safety of towers to the extent permitted by the
Telecommunications Act uf1@Q6;arid
7, Toavoid potential damage toadjacent properties through sound engineering practices and
the proper siting of antenna support structures.
B_ New Uses. All new antennas shall comply with this chapter after the effective date ofthe ordinance
codified inthis chapter.
C. Existing Uses. All towers and antennas existing on the effective date of the ordinance codified in this
but will be considered nonconforming uses. Routine maintenance shall be permitted on existing towers
and antennas. However, new construction other than routine maintenance on existing towers, antennas,
buildings or other facilities shall comply with the requirements of this chapter.
1. These standards were developed to protect the public safety and welfare, to protect property
values and minimize visual impact while furthering the development ofenhanced
telecommunication services in the city and providing for wireless communications necessary for
governmental purposes. These standards were designed tocomply with the
Telecom munications Act of 1996. 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.
chapter shall not be applied in such a manner as to unreasonably discriminate between
providers of functionally equivalent personal wireless services.
DOC.
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Wo
It
3� Tothe extent that any provision ofthis chapter iainconsistent cxconflicts with any other city
ordinance this chapter shall control, Otherwise, this chapter shall be construed consistently with
the other provisions and regulations ofthe city.
3. The city shall approve, approve with conditions, o/deny the application inaccordance with
the time frames set forth in Title 16 YMC, Administration of Development Permit Regulations,
and inaccordance with other applicable ordinances
For the purpose of this chapter, the following terms shall have the meaning ascribed to thern below-,
"Abandonment" rneans to cease operation for a period of sixty or more consecutive days
"Administrator" means the director of the city's department of cornmUnity development and his or her
designees.
"Affiliate" means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is
Linder common ownership urcontrol with another person.
"Antenna" means any exterior apparatus designed for telephonic, :ediu, data, internei, or television
communications through the sending and/or receiving of electromagnetic waves, and includes equipment
attached to o tower, structure orbuilding for the purpose of providing personal wireless ao/vioas, including
unlicensed wireless telecommunications services, wireless telecommunications services utilizing
hequenoieeauthorizedbv1heFedeno|CommunicetionaCommiooimnfor^ce||u|mr.''^enhanmydopaoim|ized
mobile radio" and "personal communications services," telecommunications services, and its attendant
base station.
"Antenna height" means the vertical distance measured from the base of the antenna support structure at
natural grade to the highest point of the structure even if said highest point is an antenna. Measurement
of tower height shall include antenna, base pad, and other appurtenances and shall be measured from
the natural grade of the parcel at the lowest elevation point of the support structure's perimeter "Antenna
support structure" means any pole, telescoping mast, tower, tripod, or other structure which supports a
device used in the transmitting or receiving of radio frequency signals.
"Applicant" means any provider or any penson, podnerohip, oomAany, or government agency that files an
application for any permit necessary to inokyU, mainbsin, or remove a personal wima|ema service facility
within the city,
"Balloon hsatmeans a test for a reasonable period of time, not less than three consecutive wmdkdays,
whereby a balloon of sufficient size to replicate the size of the top of a proposed tower and antenna array
is tethered to the ground at the location of the proposed base for a pending new tower application and the
balloon is suspended at the height that replicates the height of the proposed tower and antenna array. No
trees shall beremoved toconduct the balloon test,
"Base station" is defined asafacility orstructure consisting ofradio transceivers, antennas' coaxial
cable, a regular and backup power supply, and other associated electronics, including structure that
currently supports or houses an antenna, transceiver, or other associated equipment that constitutes
part of base station, and encompasses such equipment in any technological configuration, including
distributed antenna systems and small cells.
"Camouflaged" means a personal wireless service facility that is disguised, hidden, or integrated with an
existing structure that is riot a monopole or tower, ora personal m/ina|ema service facility that is p|om+d
within an existing orproposed s1ructure, or new structure, 1ower, or mount within evergreen trees so as to
be significantly screened from view, or designed to resemble Surrounding natural features.
"Cell site" or^ske^meanoatract orparcel nfland that contains personal wireless service facilities
including any antenna, support structure, accessory buildings, and parking, and may include other uses
associated with and ancillary iopersonal wireless services,
"City" means the city of Yakima,
"City property" rneans all real property owned by the city whether in fee ownership or other interest
"Co -location" means the use of a personal wireless service facility or cell site by niore than one personal
wireless service provider,
"Conditional use permit" or "CUP" rneans a process and approval as described in this chapterand inyK4C
Title 15, Yakima Urban Area Zoning Ordinance
"COW" rneans "cell on wheels " A cell on wheels or other temporary personal wireless communications
"Design" means the appearance mfpersonal wireless service facilities, including such features mmtheir
nnakyrio|e, uo|mro. and shape.
"Equipment enclosure" means a structure, shelter, cabinet, or vault used to house and protect the
electronic equipment necessary for processing wireless communication signals. Associated equipment
may include air conditioning, backup power supplies and emergency generators.
"Excess capacity" means the volume or capacity in any existing or future duct, conduit, manhole,
handhold or other utility facility within the right-of-way that is or will be available for use for additional
telecommunications facilities,
M
"Facilities" means all of the plant, equipment, fixtures, appurtenances, antennas, and other facilities
necessary tofurnish and deliver telecommunications mamioea and cable television oemicem, including but
not limited to poles with crossarms, poles without crossarms, wires, lines, conduits, cables,
communications and signal lines and equipment, braces, guys, anchors, vaults, and all attachments,
appurtenances, and appliances necessary or incidental to the distribution and use of telecommunications
services and cable television services.
"FCC" or "Federal Communications Commission" means the federal administrative agency, or lawful
successor, authorized to regulate and oversee telecommunications carriers. services and providers on a
national level.
"Governing authority" means the city council of the city of Yakima,
"Governmental entity" means the state of Washington, Yakima County, the cky, municipally owned
utilities, and special purpose districts including the school, fire and library districts,
^Gnsnhae'means both licensees and franchisees granted certain rights and obligations mnmore fully
described herein.
"Hearings examiner" means the duly appointed hearings examiner of the city
"Modification" means the changing of any portion of a personal wireless service facility from its
description in a previously approved permit. Examples include, but are not limited to, changes in design.
^K8nunt"meanstheebuCtuneoreurfamauponwhichpensome|mino|essmarvicefaoi|i(iemanamounKad,
There are three types ofmounts:
A Building Mounted, Apersonal wireless service facility mount fixed tothe roof cxside cf a
B, Ground Mounted. Apersonal wireless service facility mount fixed to the ground, such ama
tower.
C. Structure Mounted. A personal wireless service facility fixed to a structure other thar�-v
building, such as light standards, utility poles, and bridges.
"Occupy" means to construct. instaU, maintain, own. oroperate telecommunications facilities located
within city rights-of-way. The mere passage of electronic signals over, under, or through rights-of-way via
telecommunications facilities owned by another telecommunications provider does not constitute
occupying the righ(s-of+wmy.
"Overhead facilities" means utility facilities and telecommunications facilities located above the surface of
the ground, including the underground supports and foundations for such facilities.
"Person" means corporations, companies, associations, joint stock companies, firms, partnerships, limited
liability companies, other entities and individuals,
"Personal wireless service," "personal wireless service facilities," and "facilities" used in this title shall be
defined in the same manner as in Title 47, USC, Section 332(c)(7)(C), as they may be amended now or in
the future- and includes facilities for the transmission and receAtion of radio or microwave sifnals used for
communication, cellular phone, personal communications services, enhanced specialized mobile radio,
and any other wireless services licensed by the FCC and unlicensed wireless services.
u,[ -d I i u u fisk kA, -, i11 °h n i c J I '.4,k d(A
�h) �edeiN �,O;:uW ull ocoli OS(IkAs o� hm:�:41�0�u d��diml ov,e�k:o� "ones Hud foll
Milli ihe o o v I "iy
--sl, N Win SO Ich 1111 C:°, 0obluO:, luSlcd 6 U Ile t4otk:m R� �qitsk,�JA �Fh,",Mn k,� d
. . ........... ..
an(A 4'ol vvildhfo reif,49e!"�;I and ww),;Inii�nfly noocieid mu llocilou,Ocufll ,oO (cl
SUh4 -"tA Iojp Iv
"Provider" means every corporation, company, association, joint stock company, firm, partnership, limited
liability company, other entity and individual that provides personal wireless service over personal
wireless service facilities.
"Rights-of-way" means land acquired or dedicated for public roads and streets, as further defined in
15.02.020, but does not include (a) land dedicated for roads, streets, and highways not opened and not
improved for motor vehicle use by the public; (b) structures, including poles and conduits, located within
the right-of-way; or (c) federally granted railroad rights-of-way acquired under 43 USC, Section 912, and
related provisions of federal law, that are not open for motor vehicle use.
"Right -Of -way use permit" means the authorization by which the city grants permission to a service
provider to enter and use the right-of-way at a specific location for the purpose of installing, maintaining,
repairing, or removing identified facilities.
"Screening" means a continuous fence and/or evergreen landscaped planting that conceals the property it
encloses.
"Service provider" means every corporation, company, association, joint stock association, firm,
partnership, person, city, or town owning, operating or managing any facilities used to provide and
providing telecommunications or cable television services for hire, sale, or resale to the general public.
Service provider includes the legal successor to any such corporation, company, association, joint stock
association, firm, partnership, person, city or town.
[')OC.,
INDEX
"Surplus space" means that portion oftheusabkaapaoeonaud|hypn|ewhidhhesUheneoeasary
clearance from other pole userm, as required by the orders and regulations ofthe Washington Utilities and
Transportation Commission, to allow its use by a telecommunications carrier for a pole attachment.
"Secondary use" means a use subordinate to the principle use of the property, such as commercial,
residential, utilities, etc.
"Security barrier" means a wall, fence, or berm that has the purpose of sealing a personal wireless service
facility from unauthorized entry or trespass
^Shaahh^ means a personal wireless service facility that is disguised, hidden, orintegrated with an
existing structure that is not a monopole or tower, or a personal wireless service facility that is placed
within and disguised byanexisting orproposed structure,
"Telecommunications carrier" includes every person that directly or indirectly owns, controls, operates or
manages p<ant, equipment or property within the city, used or to be used for the purpose of providing
telecommunications services to |moa0ona ou1mide the city.
"Telecommunications service" meenekenomiaaion of information, except cable television semice, by
vvira, radio, optical cab|m, electromagnetic, orother similar means, for hi/e, ea|*. or resale \othe general
public. For the Purposes of definition Information" means knowledge or intelligence represented by any
form ofwriting, signs, signals, pictures, sounds, orany other symbols, |e|erommunicot|onsservice
excludes the over -the air transmission of broadcast television or broadcast radio signals, facilities
necessary for governmental purposes. The city shall act or) aoapplication within areasonable period of
time, taking into account the nature and scope of the application. Any decision to deny an application
shall be in writing, supported by substantial evidence contained in a written record. The city shall approve,
approve with condition, ordeny the application inaccordance with the time frames set forth inYK8CTitle
16, Administration of Development Permit Regulations, and in accordance with other applicable
ordinances.
"Telecommunications service provider" includes every person that directly cxindirectly owns, controls,
operates or manages plant, equipment or property within the city, used or to be used for the purpose of
offering telecommunications men/iues, except cable television aemima, in residents. businesses orother
locations within the city.
"Tower" means any structure that is designed and constructed primarily for the purpose of supportingona
or more antennas, including self-supporting lattice towers, guy towers, or monopole towers, The term
encompasses personal wireless service facilities including radio and television transmission towere,
microwave towers` common -carrier towers, cellular telephone towers or personal communications
services \owe/s, alternative tower airucturea, and the like, "Tower" also includes any structure built for
the sole or primary purpose of supporting FCC -licensed antennas and their associated facilities.
�������
w����m=w�
"Underground facilities" rneans utility and telecommunications facilities located under the surface of th"I
ground, excluding the underground foundations or supports for overhead facilities. M
"Usable space" means the total distance between the top ofeutility pole and the lowest possible
attachment point that provides the minimum allowable vertical clearance as specified in the orders and
regulations ofthe Washington Utilities and Transportation Commission.
^Ud1hy facilities" means the plant, equipment and property including, but not limited to, the po|es, pipmm,
mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the
ground within rights-of-way and used or to be used for the purpose of providing utility or
telecommunications services.
"Unlicensed wireless services" rneans commercial mobile services that operate on public frequencies and
donot need mnFCC license,
15.29.030 Exemptions.
The following are exempt from the provisions of this chapter and shall be permitted in all zones:
A, Industrial processing equipment and scientific or medical equipment using frequencies regulated by
the FCC,
displayed for sale.
E, Licensed amateur (ham) radio stations.
equipment(excluding structural work or changes in height, type or dimensions of antennas, towers, or
buildings); provided, that compliance with the standards of this chapter are maintained.
H. Subject to compliance with all other applicable standards of this chapter, a building permit application
need not be filed for emergency repair or maintenance of a personal wireless service facility until thirty
i A COW or other temporary personal wireless telecommunications facility shall be permitted for a
maximum ofninety days in any three hundred sixty-five day period or during an emergency declared by
the city.
DOC
15.29.035 Modification of Existing Wireless Tower mrBase Station.
Pursuant to 47 U.S.0 Section 1455(a), any request from an eligible facility for modification of an existing
wina|eme tower or base mtadimn, which modification consists of request for oo-|ooahon. nemova|, or
replacement of transmission equipment, that does not substantially change the physical dimensions of
such tower or base station shall be administratively processed and approved. This section states
provisions and procedures applicable to (a) requests for modifications that do not substantially change
the physical dimensions of an existing wireless tower or base station, and (b) requests for modifications
that substantially change the physical dimensions ufenexisting wireless tower orbase station
A. Definitions. The following terms shall have the following meanings for purposes of this section:
(1 ) "Tower" is defined as any structure built for the sole or primary purpose of supporting FCC -
(2) "Base station" is defined as a facility or structure consisting of radio transceivers, antennas,
coaxial cable, a regular and backup power supply, and other associated electronics, including a
structure that currently supports or houses an antenna, transceiver, or other associated
equipment that constitutes part of a base station, and encompasses SUch equipment in any
technological configuration, including distributed antenna systems and small cells.
(3) A "substantial change in the physical climensions" occurs if:
(s) the mounting ofthe proposed antenna mnthe tower Would increase the existing height
of the tower bymore than 10%.orbythe height ofone additional antenna array with
separation from the nearest existing antenna not to exceed twenty feet, whichever is
greater, except that the mounting of the proposed antenna may exceed the size limits set
forth in this paragraph ifnecessary ioavoid interference with existing antennae: or,
(b)the mounting ofthe proposed antenna would involve the installation ofmore than the
standard number of new equipment cabinets for the &aohnn|ngy invm|ved, not to exceed
four, or more than one new equipment shelter; or
(c) the mounting of the proposed antenna would involve adding an appurtenance to the
is �,treater,.-exc-e_-#,,t that the mountin#-oLtbavro*,osed antenna mao exceed the size limits
set forth in this paragraph if necessary to shelter the antenna from inclement weather or
to connect the antenna to the tower via cable; or
tower site, defined as the current boundaries of the leased or owned property
surrounding the tower and any access or utility easements currently related to the site.
I
DOC.
8������
~°~��p��.
B. A ppLication. Any eligible facility requesting modification of an existing wireless tower or base station,
which modification consists of a request for oo'|ooadon' removal, or replacement of transmission
equipment, shall submit an aPp|imaUon, on aform provided by the Ci(y, for modification permit. The
application shall include the following:
(1) The name, address, signature and contact information ofthe applicant, and identification of
relationship to any FCC licensee of the affected facility:
(2) Site plan or schematic drawing showing the current location and dimensions of the wireless
tower and base station, drawn toscale;
(3) Site plan and schematic drawing, drawn to scoky. showing the location and dimensions of the
requested modification tothe wireless tower and/or base station;
(4) A computation and description of the proposed r'nodification establishing whether or not such
modification constitutes a Substantial change in the physical dimensions of the existing facility;
and
(5) Any other information deemed necessary or appropriate by the City to assist in the timely
processing ofthe application.
C. Within 45 days ofreceip( ofa complete
application for modification, the administrator shall review and issue a written determination as to whether
the requested modification constitutes (a) a substantial change to the physical dimensions of an existing
wireless tower or base station, or (b) no substantial change to the physical dimensions of an existing
wireless tower orbase station. The administrator may request additional information from the applicant or
any other entity to assist in this determination.
(1) M90ification Findin of No S.u..bs.tantiaI.QhaLi 4pIf the administrator determines
the physical dimensions of an existing wireless tower or base station, he shall issue a
modification permit. Issuance of such modification permit shall authorize issuance of any
necessary and appropriate building permits to accomplish such modification, subject to payment
by applicant of applicable permit fees and compliance with applicable permit requirements.
Issuance of all required permits shall occur within 90 days after receipt and approval of a
complete application for a modification permit. The administrator may impose conditions
necessary to achieve compliance with the provisions of this section.
(2) � �th��dm|nia�ah/ de��minemU�ateuch
app|icatinnconstitutes msubstantial change hothe physical dimensions nfanexisting wireless
tower orbase station, he shall issue awTiUen decision and deliver such decision to the applicant,
10
�������
~~==~=�~m
Any modification that substantially changes the physical dimensions of an existing wireless tower
or base station shall be subject to the applicable permit and application requirements of this
chapter,
D. Appeals. The decision of the administrator shall constitute an administrative decision subject to
appeal pursuant to Chapter 16.08 YIMIC.
A. Any applicant proposing to construct an antenna support structure, or mount an antenna on an
existing structure, shall evaluate different sites to determine which site will provide the best screening and
camouflaging while providing adequate service to satisfy its function in the applicant's local grid system If
the applicant proposes a site that does not provide the best opportunities for screening and camouflaging
then the applicant must demonstrate by engineering evidence why the facility cannot be located at the
site where it can be best screened and camouflaged and why the antenna must be located at the
proposed site. Further, the applicant must demonstrate by engineering evidence that the height requested
is the minimum height necessary to fulfill the site's function within the grid system.
B Applications for necessary permits will only be processed when the applicant demonstrates either
that it is an FCC -licensed telecommunications provider or that it has agreements with an FCC -licensed
telecommunications provider for use or lease of the support structure,
C. Low power mobile radio service facilities shall be located and designed to minimize any significant
adverse impact on residential property values. Facilities shall be placed in locations where the existing
topography, vegetation, buildings, or other structures provide the greatest amount of screening.
D In all zones, location and design of facilities shall consider the impact of the facility on the
Surrounding neighborhood and the visual impact within the zone district In all zones, towers shall be
significantly screened by placing them in trees to the extent that it does not result in significant signal
degradation.
15,29,045 Envkonmerwtally sensitive No4�atiuns I�rcitected areas.
I nvimwmmk4y ,,EmFitive Piok%Wd areas are: (a) established federal, state or local historic districts or
historic district overlay zones-, (b) proposed federal, state or local historic districts or historic district
overlay zones filed for record with the federal, state or local agency with jurisdiction (hereafter "pending"
historic district or overlay zones); (c) sites, buildings, structures or objects listed in the National Register of
Historic Places,, (d) state and local wildlife refuges, and permanently protected archeological sites; and (e)
designated areas subject to preservation or protection through recorded conservation easement. Except
as provided in 15.29.050, antennas and antenna support facilities are not permitted in or within 800300
feet of any r)i ,� iio� ou ii Ae0� Ol y pio i area,
W
DOC.
INDEX
i5.29.05OPriority mflocations,
The order of priorities for locating new personal wireless service facilities shall be as follows�
& Co -locate anh*nnam, towers and related structures on existing antenmas, towers and facilities in
accordance with 15.29.080.
antennas, towers and related facilities are disguised bycamouflage and/or stealth measures approved by
the administrator.
C� Place antennas, towers and related facilities on appropriate rights-of-way and existing structures,
such as bui|dinQa, bzwmra, and water towers, in the industrial and commercial zoning districts, where such
antennas, towers arid related facilities are disguised by camouflage and/or stealth measures approved by
the administrator.
D. Place antennas, towers and related facilities on properties in the industrial zoning districts where
such antennas, towers and related facilities are sight -screened as approved by the administrator.
Antennas, towers and related facilities on properties in the industrial zoning districts, which proposed
antennas, towers and/o/ related facilities are located within 380feet 0mm residential zoned diatricts, ahoU
be approved by the adminimtnoto/, subject todisguise by camouflage or stealth deemed appropriate by
the administrator Antmnnam, towers and related facilities on properties in the industrial zoning districts,
which proposed antennas, towers and no|aimd facilities are located within 8QD3O0feet from an
env4ronnren4,,a4ysenMfive, prolected area require a conditional use permit with camouflage or stealth
deemed appropriate.
E Place antennas and towers in districts zoned Local Business District (B-2) and Large Commercial
Center (LCC), subject to the following conditions:
1 . Antennas, antenna support structures and towers located within the Local Business District
(B-2) or Large Commercial Center I districts shall be placed, if possible, no closer than 300
feet from residential zoned districts a!'101i'm closerlhaill within 81003010 feet of an env�iiornrientaHy
j�,)IrcfloIed - area, An application to locate a new antenna, antenna support structure or
tower within the B-2 or LCC districts, and more than 300 feet from residential zoned districts and
more than 800300 feet boniol an sensOiye a prqtected area may approved by
the administrator, subject to the administrator's approval of camouflage or disguise by stealth,
2. Anapplicant that wishes k>locate enew antenna, antenna support structure mrtower within
the B-2 or LCC districts, and within 300feet from residential zoned districts or within 8003(1)0feet
of �qnenvinomneo{afflyarea, shall demonstrate that adiUgent effort has been
made 0nlocate the proposed communications facilities onesite, private institutional structure, or
other appropriate existing structures more than 200feet from residential zoned districts ormore
than �,",0D,3DOfeet from an eovi/un*�eo�a||y aeno�iiv*�_�Z����d area, and that due to valid
considerations including physical conotnaints, and technological feasibility, no more appropriate
12 Doc.
.
INDEX
location is available. -m I�", I I H;:i,,, I;, il I It I I I 4�l r, ond I � I I w,(' (+^nt I I I
iy
a,ppin"/rA kty fhcl i,o th I I I I I I I ^s� I atm ta I:) )faw,� I of (,�i I I ouf I �,K 'I e,o I, d I I
SuO) pr0f�r,,r�,CA qe �,fl�,,o Io ih(�
of 15 29 Q 70 Iin mdeii hp We idimiIiAraticir in d(A('M1II1Whp 01 t� 11
IV errlr olId/oll icohh �qmilemoi,&s
F. Place antennas and towers in residential zoning districts or within 300 feet of residential zoned
districts, �fflhler F!, 1,,' ,md dh,"Im,,'P. 0, subject to
the following conditions:
1. An applicant that wishes to locate a new antenna Support structure in a residential zone, or
within 300 feet of residcritial zoned districts, shall demonstrate that a diligent effort has been
made to locate the proposed communications facilities on a government facility, a private
institutional Structure, or other appropriate existing structures within a nonresidential zone, and
that due to valid considerations including physical constraints, and technological feasibility, no
more appropriate location is available,
2 Applicants are required to demonstrate: (i) that they have contacted the owners of structures
in excess of thirty feet within a one-quarter mile radius of the site proposed and which from a
location standpoint could provide part of a network for transmission of signals'- (ii) have asked for
permission to install the antenna on those structures; and (iii) were denied permission of use for
reasons other than the ability or refusal of the applicant to pay a market rate for Use of the
alternative structures
3. The Information submitted by the applicant shall include (I) a map of the area to be served
by the tower or antenna, (0) its relationship to other cell sites in the applicant's network, and (iii)
an evaluation of existing buildings taller than 30 feet, within one-quarter mile of the proposed
tower or antenna which from a location standpoint could provide part of a network to provide
transmission of signals.
4. The proposed antenna, tower and antenna support structure is camouflaged or disguised by
stealth
G. Place antennas and towers in or within feet of �:m �:,-i JmlecAud area,
B ,uil�i 1�j o�� i�'i suh�,,,�uncu L ahovu subject to the
1. Antennas and towers facilities proposed to be located in or within feet of an
established or pending federal, state or local historic district or historic district overlay, are
facilities that may affect districts, sites, buildings, structures or objects, significant in American
history, architecture, archeology, engineering or culture, that are listed, or are eligible for listing,
in the National Register of Historic Places. (See 16 U.S.C. 470w(5); 36 CFR part 60 and 800.).
13 00C.
INDEX
Applicant shall comply with applicable provisions of the National Environmental Policy Act
(NEPA), including but not limited to the Environment Assessment provisions of 47 C.F.R.
1 13U7.e/seq. and comply with any mitigations imposed therein,
2. Anapplicant that wishes \olocate enew antenna support structure inor within Q0U1"HODfeet
of �n +nuenmU*e_ ILg[oshallclearea, shall demonstrate that a diligent effort has
been made holocate the proposed onmmunioa1ionsfacilities mna government facility, aprivate
institutional mkuctu/e, orother appropriate existing structures or site outside and more than
800300 feet from moenxiromnen1eUyarea, and that due tovalid
considerations including physical constrginia, and technological feasihi|ity, no more appropriate
location is available.
3, Applicants are required to demonstrate: (i) that they have contacted the owners of structures
in excess of thirty feet within a one -.quarter mile radius of the site proposed and which frorn a
location standpoint could provide part ofanetwork for transmission ofsignals; (ii)have asked for
permission to install the antenna on those structures-, and (iii) were denied permission of use for
reasons other than the ability or refusal of the applicant to pay a market rate for use of tile
alternative structures.
4. The information Submitted by the applicant shall include (i) a map of the area to be served
by the tower or antenna, (ii) its relationship to other cell sites in the applicant's network, and (iii)
an evaluation of existing buildings taller than 30 feet, within one-quarter mile of the proposed
tower or antenna which from a location standpoint could provide part of a network to provide
transmission of signals.
5. Antennas and towers facilities proposed to be located in an established or pending federal,
state or local historic district, historic district oveday, or other enxiponmen�*Uy-seneiUv�����d�d
area, are subject to review by the district's mrorganization's governing body or assigned
committee regarding recommendations for camouflage, stealth, and landscaped sight -screening
elements.
8' The proposed antenna, tower and antenna support structure isdisguised bystealth
structure or is camouflaged.
15.29.060 Siting priority on public property.
A. Where public property is sought to be utilized by an applicant, priority for the use of government-
owned land for wireless antennas and towers will be given to the following entities in descending order:
1 . City of Yakima, except that any facilities proposed for location within the Airport Safety
Doc.
14 �������
""~=~m��.
2. Public safety agencies, including law enforcement, fire and ambulance services, which are
not part of the city of Yakima and private entities with a public safety agreement with the city of
Yakima:
I Other governmental entities, for uses that are not related to public safety; and
4 Entities providing licensed commercial wireless telecommunication services including
cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced
specialized mobilized radio (ES R), data, internet, paging, and similar services that are
marketed to the general public.
11:3. Minimum Requirements. The placement of personal wireless service facilities on city -owned property
is subject to the discretion and approval of the city and must comply with the following requirements:
1. rhe facilities will not interfere with the purpose for which the city -owned property is intended,
2. The facilities will have no significant adverse impact on surrounding private property, or any
significant adverse impact is mitigated by screening, camouflage or other condition required by
city;
3. The applicant shall obtain adequate liability insurance naming the city as loss payee and
commit to a lease agreement that includes equitable compensation for the use Of public land and
other necessary provisions and safeguards. The city shall establish fees after considering
comparable rates in other cities, potential expenses, risks to the city, and other appropriate
factors;
4. 1 lie applicant will submit a letter of credit, performance bond, or other security acceptable to
the city to cover the costs of removing the facilities;
5, The lease shall provide that the applicant must agree that in the case of a declared
emergency or documented threat to public health, safety or welfare and following reasonable
notice the city may require the applicant to remove the facilities at the applicant's expense,
Telecommunication facilities serving essential government services and other government
agencies shall have priority over other users.
6. The applicant must reirnburse the city for any related costs that the city incurs because of
the presence of the applicant's facilities-,
.rr11111p gi
8. The applicant must cooperate with the city's objective to encourage co -locations and thus
limit the number of cell sites requested.
1719
L)()C,�
NDEX
C, Special Requirements for Parke, The use of city -owned parks for personal wireless service facilities
brings with itspecial concerns due tothe unique nature cf these sites. The placement mfpersonal
wireless service facilities in a park will be allowed only when the following additional requirements are
1. The city parks commission has reviewed and made a recommendation regarding proposed
personal wireless service facilities to belocated inthe park and this recommandmdionhas been
forwarded to the city council for consideration and approval, -
2. In no case shall personal wireless service facilities be allowed in designated critical areas
(except aquifer recharge areas) unless they are co -located on existing facilities;
3. Before pmnmrna| mjna|eam service facilities may be located in public paMks, visual impacts and
disruption ofnormal public use shall bemitigated;
4� Personal wireless service facilities may be located in public parks that are adjacent to an
existing commercial or industrial zone�
5. Personal wireless service facilities may be located in park maintenance facilities.
15.29.070 Required submittals and testing,
Required submittals include:
A, If the applicant is not the landowner, the lanclowner(s) shall be considered co-applicant(s) and shall
sign the application, Kany applicant is a cnrporcdion, trust, oosociahon. or other organized group or |mOe|
entity, kshall provide the date ofsuch creation, and, ifaforeign corporation, ecopy ofthe certificate of
authority filed with the state of Washington, Secretary of State's Office.
B. Anaffidavit signed bythe applicant, landowner (oo+spp|icard).and the antenna support structure
owners, if different, indicating that:
1 They agree to dismantle and remove the WCF/antenna support structure and restore the
site to its approximate original pre -structure condition within the applicable time limits set forth in
YMC 15.29.120 following receipt of a letter from the city indicting that the facility is deemed
Ft. In the case of freestanding /antenna support structures, they consent to co -location, at
-easonable terms, of as many antennas and related equipment as feasible, including those of
C� Complete application for conditional use permit, including State Environmental Policy Act (SEPA)
16
O. A balloon test and photo -simulation as described in subsection F below are required for any
proposed antenna tower inurwithin OUQ3U0feet ufanenv|/onmeolaUyarea. The
balloon test shall beconducted prior io the hearing onthe permit application. The purpose ofthe balloon
test iatoenable the applicant, abutting and neighboring property owners, and the city to better
understand the height and visual impact of the proposed tower and antenna array and to provide useful
evidence for consideration before the hearing examiner on the permit application. Aballoon test ioalso
required when an application for modification proposes a substantial change to the height of an existing
wireless facility. Advance notice ofthe date and time ofthe balloon test shall beprovided toowners of
record ofproperty within 8QQ3QDfeet ufthe balloon test site Such notice shall begiven inaccordance
with the provisions of Chapter 16.05 YMC, and may be combined with notice of application. City will also
post notice a1alocation orlocations deemed appropriate bythe city within 8003,0]feet ofthe balloon test,
and will provide notice to the governing body of any affected historic district association or organization.
AddidonaUy, and without limitation, the city may use any other means deemed advisable to provide
advance notice iothe public.
E Other related requests may include any combination of site p|umo, sumeyo, mapa, technical n*pmrtm.,
orwritten narratives necessary toconvey the information required bythis chapter inaddition kzany
additional requirements of YMC Title 15, and other applicable ordinances;
F A photo -simulation of the proposed facility from affected residential properties and public rights-of-
wayotvaryingdiakanuaemustbeprpvided. Where aballoon test |orequired for proposed facilities ioor
within 8Q0�D8feet ofan_a pLOlec&ed_area, then photos ofthe balloon test from
six locations located approximately three hundred feet from the base of the proposed tower and spaced
evenly in a circurnference around the proposed tower shall be submitted within two weeks after the
commencement ufthe balloon test, Forh� UoonhssiawId&n� phmto-e� Inunaforpmposed toywnssi(e*
ioorw/ithin8AOfe*�afenenvi000mentaUysensibve�iree,inaddiMo n0 hephoksvviUn3OOfee{a�
maquioed abuva, pbeUeon �es|[000/ ei*|ec'Idona |oceled approninIeAa|yel(lhN)undn*d feed
�Ionn theofdhe\mwerend ap�4oedineoircumterenmae/oundUte pn*pe*edtuvwe�
G. Asite elevation and landscaping plan indicating the specific placement ofthe facility onthe site, the
location of existing structures, trees, and other significant site features, the type and location of plant
materials used to screen the facility, and the proposed materials used to construct and color(s) of the
H. A signed statement indicating that (1) the applicant and landowner agree they will allow co -location
of additional personal wireless service facilities by other providers on the applicant's structure or within
the same site location, subject to good faith negotiation of compensation according to prevailing market
i Copies of any environmental documents required by any federal agency, These shall include the
environmental assessment required by FCC Paragraph 1 � 1307, or, in the event that an FCC
a
environmental assessment is not required, a statement that describes the specific factors that obviate the
requirement for anenvironmental assessment;
J. A site plan clearly indicating the location, type and height of the proposed tower or antenna support
structure and antenna, accessory buildings, fencing, landscaping, topographic contours of the site at two -
foot intervals, on site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed
means of access, setbacks from property lines, elevation drawings of the proposed tower; and all other
items required in this chapter;
K. Acurrent map and aerial showing the location ofthe proposed tower, amap showing the locations
and service areas of other personal wireless service facilities operated by the applicant, or sites acquired
byapplicant for the benefit of, or on behalf of, any other personal wireless service facility operator, and
those proposed bythe applicant that are close enough toimpact service within the oi\y�
L Legal description of the parcel, if applicable;
M, The approximate distance between the proposed tower and the nearest residential unit, platted
residentially zoned properties, and unplatted residentially zoned properties;
N, A landscape and irrigation plan showing specific landscape materials and irrigation system;
0, Method of fencing, and finished color and, if applicable, the niethod of camouflage and illumination�
R A letter signed by the applicant stating the tower will comply with all FAA regulations and EIA
Standards and all other applicable federal, state and local laws and regulations;
Q. Astatement bythe applicant that the design ofthe tower will accommodate co -location ofadditional
antennas for future users;
11MAREMIMMINIMIM. MGM
S. The applicant, Jnot the telecommunications service pnzvider, shall submit proof oflease agreements
with an FCC licensed telecommunications provider if such telecommunications provider is required to be
licensed bythe FCC; and
T. Atthe time ofsite selection, the applicant shall demonstrate how the proposed site fits into its overall
network within the city.
U. A map showing the location of any properties that are within 800300 feet of the proposed site that are
M-1
D�����
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15.29.080 Co -location.
To minimize adverse visual impacts associated with the proliferation of towers, co -location of personal
wireless service facilities on existing or new towers is encouraged as follows:
A. Proposed facilities may, and are encouraged to, co -locate onto existing towers, Such co -location is
permitted by right and a new or additional conditional use permit approval is not required, unless
additional height ordimensions are proposed that constitute asubstantial change tothe tower and/or
base station pursuant to Section 6409(a) of the Middle Class Tax Relief and Job Creation Actof 2012,
except that co -location shall be accomplished inamanner consistent with the policy, site criteria, and
I and scape/screen ing/cam ouflagi ng provisions contained in this chapter.
The applicant must submit detailed plans to the planning department to determine if the conditional use
can bmwaived and anadministrative permit issued Nobuilding permit will beissued until approval ie
granted.
C� The city may deny an application to construct new facilities if the applicant has not shown by
mubstundo|evidenue that hhas madeadiMgen1effort 10mount the facilities an an existing structure or
D� Toreduce the number ofantenna Support structures needed inthe city |nthe future, new proposed
support structures shall be designed to accommodate antennas for more than one wireless service
provider, unless the applicant demonstrates why such design is not feasible for technical or physical
reasons,- or for aesthetic reasons necessary to preserve camouflaging or stealth structures in residential
or areas.
E Unless co -location is noifeaaib|e� (i) an applicant's site plan shall reserve an area for other providers'
equipment near the base ofthe applicant's tower Afirst right-of-refuaa|(which iaeither executed or
maintained while the providers personal wireless facilities and services are in use) tolease the area at the
base of the tower or mount for other providers will meet the reservation requirement; and (ii) the site plan
for towers must propose space for a\least one comparable provider
F. All personal wireless service providers or lessees or agents thereof shall cooperate in good faith
accommodate co -location with competitors. If a dispute arises about the feasibility of co -locating, the
may require a third party technical study, at the expense of the applicant to resolve the dispute, I
G While co -location and the requirements herein are encouraged, co -location shall not tak-t
precedence over the construction of shorter towers with appropriate screening.
15.29.090 Design criteria,
A. As provided above, new facilities shall be designed to accommodate co -location, unless the
applicant demonstrates why such design is not feasible for economic, technical, or physical reasons,
B� All facilities shall comply with the following standards:
lK
L)Oc"
INDEX
1, Setback, A tower's setback shall be measured from the base of the tower to the property
line afthe parcel onwhich i\inlocated. |nresidential zones orwhere aproposed tower imon
property abutting a nsaidendm| use, towers shall be set back from all property lines a distance
equal to one hundred percent of tower height as measured from ground level. In all other zones,
orwhere aproposed tower site does not adjoin anexisting residential use, towers shall beset
back aminimum cfthirty feet. When making adecision onavariance application hmreduce
setbacks, the hearing examiner shall consider the following:
a. Impact on adjacent properties, including viewsheds, shadowing, visual dominance of
the tower and base structures as seen from streets and rights-of-way, and historic integrity
ofthe neighborhood:
b. Alternative sites for personal wireless facilities; and
o, The extent towhich screening and oamOuflagingwill mitigate the effects nfthe
personal wireless facilities,
2� Right -of -Way Setback Exception. The setback requirement is waived if the antenna and
antenna support structure are located in the ci1yri0h\-of+way. provided the antenna is attached to
an existing utility pole and does not substantially increase the height of the utility pole and/or
extend above the utility pole byonamount determined tohe asubstantial modification pursuant
to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 and applicable
interpretations of the Federal Communications Commission VVina|eos facilities attached to utility
poles are permitted in all zones subject to approval by the city in its sole discretion, and pursuant
to license or franchise agreements with the city,
3, Tower and Antenna Height. The applicant shall have the burden of demonstrating that the
tower and antenna is the minimum height required to meet the proven communications need. No
tower or antenna that is taller than this minimum height shall be approved. No tower or mount
together with antenna shall exceed sixty feet in all single-family, multifamily residential,
Downtown Commercial, and Professional Office zones or one hundred ten feet in other zones
4. Tower Separation. In no case shall towers be located closer than five hundred feet from
another tower whether it is owned or utilized by applicant or another provider, unless the city
designates areas where multiple towers can be located in closer proximity, In residential districts
and e�-MRXM)6110a�lY SEMs�liveprMe - cte(J areas, no tower shall be located closer than 1,500 feet
from another tower whether it is owned or utilized by applicant or another provider, unless the
city designates areas where multiple towers can be located in closer proximity.
6. Color. Towers shall have adark color such oaforest green, charcoal nrdark brown,
depending onthe surroundings orbackground that minimizes their visibility, unless adifferent
color is required by the FCC or FAA. CV|ono ahoU be maintained and repainted as necessary to
maintain original oo|ur, to repair fading through weathering, and to prevent flaking,
DOC.
ZO
N�����~�'
�°���m�m�
6. Lights. Signals and Signs. No signals, |ights, orsigns shall be permitted on towers unless
required or allowed by the FCC or the FAA. Should lighting be requimsd, in cases where there
are residents located within a distance that is three hundred percent of the height of the tower,
then dual mode lighting shall berequested from the FAA,
T. Fencing. A well -constructed wall or wooden fence not less than six feet in height from the
finished grade shall be provided around each personal wireless service facility. Access to the
tower shall be through a locked gate. The use of chain |ink, p|aetic, viny|, o/wire fencing is
prohibited unless it iafully screened from public view by a minimum eight -foot -wide landscaping
& Landscaping
a Landscaping. Landscaping, as described herein, shall be required to bufferpersonal
wireless service facilities Uosoften the appearance ofthe cell site, The city may permit any
combination of existing vegetation, topography, walls, decorative fences or other on-site
features instead of landscaping, ifthey achieve the same degree ofscreening as the
required landscaping. Wire fencing may be allowed if it is fully screened. If the antenna is
mountodf|uahonanexisdngbui|ding.andotherequipmentimhouaedino|deanaximUnA
structure, landscaping shall not be required.
b, Buffers. The visual impacts of personal wireless service facility shall be mitigated
through landscaping orother screening materials atthe base cf the tower and ancillary
structures, The following landscaping and buffering shall be required around the perimeter
of the tower and accessory structures. Landscaping shall be installed on the outside of
fences. Further, existing vegetation shall be preserved to the maximum extent practicable
and may be used as a substitute for or as a supplernent to landscaping requirements.
ii A continuous hedge atleast thirty-six inches high atplanting capable of growing
to at least forty-eight inches in height within eighteen months shall be planted in front
ofthe tree line referenced above.
iii, An automatic irrigation system providing irrigation os needed according to plant
type, season and maturity of plantings.
iv. To guarantee required landscaping the applicant shaH provide the city with a two-
year landscape maintenance guarantee iiii ziccofd�mue vvOh 178 M"'O
v_ |nthe event that landscaping isnot maintained sdthe required level after the two-
year landscape guarantee period, the city after giving thirty days' advance written
notice may maintain or establish the landscaping and bill both the owner and lessee
for such costs until such costs are paid in full,
9, Screening. Screening, camouflaging or otherwise integrating a telecommunications facility
into existing features on the site in order to make the facility as visually unobtrusive as possible,
shall take priority over increased height to accommodate co -location. A personal wireless
telecommunications facility shall be integrated through location and design to blend in with the
existing "character" of the site so as to be visually unobtrusive or screened. To be considered
screened the tower or mount shall be placed amongst and adjacent to (within twenty feet) of the
drip line of three or more evergreen trees at least seventy-five percent of the height of the facility.
To ensure the screening trees are preserved the following note shall be recorded on the property
title:
All trees within 50 feet of the telecommunications facility located on this property, which serve to
screen the telecommunications facility shall be retained for the life of the telecommunications
facility. Screening trees rnay only be removed if deemed diseased or dangerous by a certified
arborist. Before any trees can be removed to report from the certified arborist shall be subinitted to
the City for review and approval. Unless approved by the City, only that porton of the tree
required to remove the hazard can be removed.
If located in or within 300 feet of a residential zoning district or in or within M.K_'VD0 feet of
established or pending federal, state or local historic district overlay zones, structures,
sites or objects listed in the National Register of Historic Places, state and local wildlife
refuges, and permanently protected archeological sites, camouflaging shall be
accomplished by designing the facility to look like surrounding evergreen trees or other
customary structures in the area.
10. Required Parking. If the cell site is fully automated, adequate parking shall be required for
maintenance workers. If the site is not automated, arrangements for adequate off-street parking
shall be made and documentation thereof provided to the city. Security fencing should be
colored or should be of a design which blends into the existing environment.
a. The antenna shall be architecturally compatible with the building and wall on which it is
mounted, and shall be designed and located so as to minimize any adverse aesthetic
impact
b. The antenna shall be mounted on a wall of an existing building in a configuration as
flush to the wall as technically possible and shall not project above the wall on which it is
mounted unless it must be for technical reasons. In no event shall an antenna project more
than sixteen feet above the roofline, including parapets.
W
DOC.
INDEX
o. The antenna shall be tonatructed, pointed, or fully screened to match as closely as
possible the color and texture nfthe building and wall onwhich kismounted.
d. The antenna may be attached to an existing conforming mechanical equipment
enclosure which projects above the roof ofthe building, but may not project any higher than
the enclosure,
e. Kanaccessory equipment shelter is present, itmust blend with the surrounding
buildings inarchitectural character and color. Materials shall bebrick, split face block,
horizontal siding, orsimilar high quality durable materials common to residential or
commercial buildings.
f� The antenna and any accessory buildings must be architecturally and visually (color,
eize, bulk) compatible with surrounding existing bui|dingm, a{nuohunas, vegetadon, and uses,
Such facilities will be considered architecturally and visuaUycompatible ifthey are
camouflaged to disguise the facility.
g. Site location and development shall preserve the pre-existing character ofthe site am
much as possible. Existing vegetation should be preserved or improved, and disturbance of
the existing topography ofthe site should be minimized, unless such disturbance would
result |nless visual impact cfthe site onthe surrounding area. The effectiveness ofvisual
mitigation techniques must be evaluated by the city, in the city's sole discretion.
h On buildings thirty feet or less in height, the antenna may be mounted on the roof if the
following additional criteria are satisfied-.
i The city finds that it is not technically possible or aesthetically desirable to mount
the antenna onawall.
ii. Roof -mounted antenna and related base stations are completely screened from
view by materials that are consistent and compatible with the design, color, and
BEEZIMMEMEMIKOM
Hi Woportion ofthe antenna may exceed sixteen feet above the height of the
existing building.
i For antenna attached tothe roof orsides ofabuilding sdleast thirty feet inheight, an
existing tower, a water tank, or a similar structure the antenna must be either: An omni-
directional or whip antenna no more than seven inches in diameter and extending no more
than sixteen feet above the structure to which they are attached; or
Apanel antenna nomorothan two feet wide and six feet long, extending above the
structure to which they are attached by no more than ten feet.
����
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23 INDEX
If the antenna is placed on the roof orabove the top of bui|ding, it shall provide a
minimum setback equal to the height of the panel antenna from the rooftop edge.
Antenna, antenna arrays, and support structures not on publicly owned property shall not
extend more than sixteen feet above the highest point of the structure on which they are
mounted. The antenna, antenna array, and their support structure shall be mounted so as
to blend with the structure to which the antenna is attached. The antenna and its support
structure shall be designed to withstand a wind force of one hundred miles per hour without
the use of supporting guy wires. The antenna, antenna array, and their support structure
shall be a color that matches the field or trim color of the structure on which they are
], Guy Wires Restricted. No guy or other support wires shall be used in connection with
such antenna, antenna array, o/its support structure except when used k}anchor the
antenna, antenna array, o/support structure tomnexisting building towhich such antenna,
antenna array, Vrsupport structure ieattached.
k� If aproposed antenna |mlocated onabuilding mralot subject toaland use permit,
approval isrequired prior hnthe issuance ofa building permit,
12. Equipment Structures,
a. Ground level equipment, hui|dingo, and the tower base shall be screened from public
view and from the view of abutting properties, The standards for the equipment buildings
are as follows:
b. The maximum floor area is three hundred square feet and the maximum height is
twelve feet.
c. Except in unusual circumstances or for other public policy considerations the
antenna. Degendinci ul the aesthetics and other issues the cit . its sole discretion,
Oftift
e. In instances where equipment buildings are located in residential zones, equipment
buildings shall comply with setback requirements and shall be designed so as to conform in
appearance with nearby residential structures, including building form, materials and color.
IMIJ
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INDEX
f, Roofmounhed,Equipment buildings mounted mnaroof shall be designed &omatchand
be integrated into the exterior design and materials of the building Equipment for roof
-
mounted antenna may also be located within the building on which the antenna is mounted,
Equipment buildings, antenna, and related equipment shall occupy no more than twenty-
five percent of the &mie| roof area of the building the facility is mounted on, which may vary
in the city's sole discretion if co -location and an adequate screening structure is used.
11 Federal Requirements. All towers must meet or exceed current standards and regulations
of the FAA, the FCC, and any other agency of the federal government with the authority to
regulate towers and antennas. If those standards and regulations are changed, then personal
wireless service providers governed bythis chapter shall bring their towers and antennas into
compliance with the revised standards and regulations within three months of their effective date
or the timelines provided by the revised standards and regulations, whichever time period is
longer, The revised standards and regulations are not retroactively applicable to existing
prVvidera, uo|eao otherwise provided or permitted by federal law. Failure to bring towers and
antennas into compliance with the revised standards and regulations shall constitute grounds for
the city to remove a provider's facilities at the provider's expense,
14. Bui|dingCodao—Sofety Standards. Toensure the structural integrity oftowers, the owner
of tower shall ensure that it is maintained in compliance with standards contained in applicable
City building codes and the applicable standards for towers that are published by the Electronic
Industries Association (^BA^), as amended from dmetotime. If, upon inspeotion, the city
concluc.1es that a tower fails to comply with such codes and standards and constitutes a danger
to persons or property, then upon notice being provided to the owner of the tower, the owner
shall have thirty days to bring the tower into compliance with such standards, |fthe owner fails tn
bring its tower into compliance within thirty daym, the city may remove the tower adthe owner's
15. Structural Design. Towers shall be constructed to the EIA Standards, which may be
amended from time totime, and to all applicable oonahu/tion/bui|ding codes. Fuhher, any
improvements or additions to existing towers shall require submission of site plans stamped by a
professional engineer that demonstrates compliance with the EIA Standards and all other good
industry practices. The plans shall be submitted and reviewed atthe time building permits are
Nopersonal wireless service provider orlessee shall fail to assure that its antenna complies at
all times with the current applicable FCC RFEmission standards. After installation, but prior to
putting the antenna in service, each provider shall submit a certification by an independent
professional engineer tothat effect, In the event that an antenna is co -located with another
antenna, the certification must provide assurances that FCC approved levels of electromagnetic
radiation will not beexceeded bythe mr-|ocabon.
25 ��������
^"���=��
16. Antenna Support Structure Safety, The applicant shall demonstrate that the proposed
antenna and support structure are safe and the surrounding areas will not be negatively affected
by support structure failure, falling ice, or other debris or interference. All support structures shall
be fitted with anti -climbing devices, as approved by the manufacturers.
15.29.100 Permits required.
In addition to the other provisions of this chapter the following permits are required unless otherwise
stated:
A. The following, which are subject to administrative review, approval and permit:
1. Modifications to eligible existing facilities pursuant to 15.29.035 and 15,29.080 that do not
constitute a substantial change; modifications that constitute a substantial change require a
variance,
2. Antennas, towers and related facilities located within or upon government-owned property or
structures where such antennas, towers and related facilities are disguised by camouflage and/or
stealth measures approved by the city, -
3. Antennas, towers and related facilities located on appropriate rights-of-way and existing
structures, such as buildings, towers, and water towers, in industrial and commercial zoning
districts where such antennas, towers and related facilities are disguised by camouflage and/or
stealth measures approved by the city;
4. Antennas, towers and related facilities located within industrial zones of the city, including
proposed locations within 300 feet of residential zoned districts, where such antennas, towers
and related facilities are disguised by camouflage and/or stealth measures approved by the city;
5. Antennas, towers and related facilities located within the Local Business District (B-2) and
Large Convenience Center (LCC) zoning districts where such proposed site is (a) more than 300
feet from residentially zoned districts and more than �A)030 feet from ,� a en,O�
sw'ikve a area, and (b) such structures are camouflaged and/or disguised by stealth
measures approved by the city.
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B, Except as set forth in subsection A above, a conditional use permit is required for all proposed
antennas, towers and related facilities.
C Procedures governing variances are set forth in Chapter 15.21 YMC; provided, however, that the
criteria for variance approval shall be governed by the following provisions. Avarionne from the height or
area limit that constitutes asubstantial change may hegranted ifthe applicant can show byevidence that
the additional height is necessary to provide adequate service to the residents of the city and no other
alternative is available. When granting a variance the examiner shall require that a significant portion of
the tower and related facilities be screened by existing evergreen trees or existing structures,
1 The purpose of this subsection is to provide a means of increasing the maximum height of
tower and antenna in specific instances where the strict application of those limits would deprive
atower orantenna operator from achieving the minimumheight required tomeet the proven
communications need.
2, The examiner shall have the authority to grant a variance from the maximurn height allowed
for tower or antenna when, in his/her opinion, the conditions as set forth in subsection (3) herein
have been found to exist, In such cases a variance may be granted which is in harmony with the
general purpose and inter -it ofthis chapter,
3. Before height variance can be granted, it shall be shown that the applicant demonstrates
all of the following:
a. That there is evidence that additional height is required to provide adequate service to
the residents of the city and that no other alternative is available;
bThat there are special circumstances applicable to the subject property such as shape,
topography, location, or surroundings that prevent the operator from achieving the
c, That the granting of such variance will not be materially detrimental to the public
welfare or injurious to the property or improvements in the vicinity�
d, That any visual impacts will bemitigated 0othe greatest extent possible using
camouflage or screening, including but riot limited to strategic placement next to existing
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buildings or vegetation or incorporation with architectural features of existing buildings or
structures:
e. That the location of the tower and antenna has been chosen so as to minimize the
visibility of the facility from residentially zoned land and to minimize the obstruction of
scenic views from public properties; and
f. That the variance is the minimum necessary to grant relief to the applicant
4. The applicant has the burden of proving that the proposed variance meets all of the criteria
in subsection (B)(3) of this section, Decision Criteria.
5. The examiner may approve an application for a variance with additional requirements above
those specified in this title or require modification of the proposal to comply with specified
requirements or local conditions,
6. The examiner shall deny a variance if the proposal does not meet or cannot be conditioned
or modified to meet subsection (13)(3) of this section,
a. Project permit review procedures are specified in YMC Title 16, Administration of
Development Permit Regulations. The following table specifies the permits required for the
various types of personal wireless service facilities that meet the standards of this chapter:
1117-001M
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Adiniiinistrative IPeirrnit (with approval
28 DOC.
INDEX
#
........ ... . . .. . . . ...... ... ..
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New Tower (industrial zoning district, Administrative Permit (with approval
more than 300 feet from residential zone of sight -screening)
and more than i,,,,C.I0T,0 feet from
[IMM
within 300 feet of residential zone)
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I'll, I'll I 1" 11 Aw-"TIVY
of camouflage/stealth)
80013010 feet of (:m0rcmweW,,A1y oneoed area)
New Tower (B 2 or LCC zoning district,
more than 300 feet from residential zone and
more than 900,300 feet from env4onuiwitaHly
,�o,;osjlwe Q!,glected area)
Administrative Permit (with approva'.
of camouflage/stealth)
New Tower (B-2 or LCC zoning district, Gon(W&:;�,d Use
within 300 feet of residential zone or within---, of
V,OU , �0 feet of sensiUvep(Mecarea)
New Tower (within 300 feet of residential
zoning district. no ,�viifl-dn BI or L("(
New Tower (within 800,1300 feet of
�4Mr(N)mentaHy area
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Within 60 days of any required safety inspection performed in accordance with EIA and FCC standards,
the facility operator shall file a copy of the report with the city. Each year after the facility becomes
operational the facility operator shall file with the city a copy of maintenance reports for the prior twelve
months. The applicant shall provide a financial guarantee in the form of a bond or other financial
instrument acceptable to the city in an amount sufficient to reimburse all costs associated with facility
removal should it be necessary.
DOC.
29INDEX
#
A. Abandonment. No less than thirty days prior to the date that a personal wireless service provider
plans to abandon or discontinue operation of a facility, the provider must notify the city of Yakima by
certified US. mail of the proposed date of abandonment or discontinuation of operation, In the event that
9. licensed carrier fails to give notice, the facility shall be considered abandoned upon the city's discovery
of discontinuation of o0ration. U.#,,on such abandonment. the %sovider shall have sixtgA daipAs or additional
period of time determined in the reasonable discretion of the city within which to:
1 , Reactivate the use of the facility or transfer the facility to another provider who makes actual
use of the facility; or
2. In the event that abandonment as defined in this chapter occurs due to relocation of an
antenna at a lower point on the antenna Support struCtUre, reduction in the effective radiated
power of the antenna or reduction in the number of transmissions from the antennas, the
operator ofthe tower shall have six monthmfrom the date ofeffective abandonment hoco-locate
another service on the tower. If another service provider is not added to tile tower, then the
operator shall promptly dismantle and removethe portion ofthe tower that exceeds the minimum
height required to function satisfactorily. Notwithstanding the furegoing, changes which are made
to personal wireless facilities which do not diminish their essential role in providing a tnbm| system
shall not constitute abandonment, However. in the event that there ia a physical reduction in
height ofsubstantially all of the provider's towers in the city or surrounding area then all of the
towers within the city shall similarly bareduced inheight.
3. Dismantle and remove facility. If the tower, antenna, foundation, and facility are not removed
within the sixty-day time period or additional period of tirne allowed by the city, the city may
remove such tower, antenna, foundation, and related facility at the provider's expense, If there
are two or more providers co -locating on a facility, except as provided for in the paragraph
above, this provision shall not become effective until all providers cease using the facility.
dismantling and removal, city approval for the facility shall automatically expire.
15.29.130 Third party review.
Personal wireless service providers use various methodologies and analyses, including geographically -
based computer software, to determine the specific technical parameters of their services and low power
mobile radio service facilities, such asexpected coverage area, antenna configuration, topographic
constraints that affect signal paths, etc. |ncertain instances, a third party expert may need \oreview the
technical data submitted by a provider. The city may require a technical review as part of a permitting
process, The costs ofthe technical review shall beborne bythe provider.
a
The selection of the third party expert may be by mutual agreement between the provider and the city, or,
at the discretion of the city, with a provision for the provider and interested parties to comment on the
proposed expert and review its qualifications, The expert review is intended to address interference and
public safety issues and be a site-specific review cftechnical aspects mfthe facilities or a review ofthe
providers' methodology and equipment used and not a subjective review of the site that was selected by
epnovider. Based on the results of the expert review, the city may require changes to the provider's
application. The expert review shall address the fmUow/ing-.
A. The accuracy and completeness ofsubmissions;
B. The applicability of analysis techniques and methodologies;
C. The validity of conclusions reached-, and
D. Any specific technical issues designated by the city,
A. AJ)pdicahgn, An application for a conditional use permit under this chapter shall be submitted
iothe director ofthe city's community development department who aheU review such application for
completeness and compliance with filing requirements under this chapter and applicable codes of the city,
iii accoidance with the provisions and procedures of YMC 1,43.090 and Title 16 YMC, Prior hoissuing a
determination of completeness, the director shall have authority to request additional information and
reports from the app|ioan1, including but not limited to third party review in accordance with YMC
15,29.130 and repo/ia, surveys and tests ae provided in YMC 15,29D70. when the director, in his orher
sole discretion, deems such additional information necessary or appropriate to make the application
complete, to address mitigation measures identified in SEPA, NEPA or other environmental reviews, to
address issues of site screening or other measures to mitigate impacts upon the surrounding
neighborhood, or to address any other impact tothe life, hea|th, safety orpersons, or quiet enjoyment of
property, identified by the director as likely, with reasonable probability, to result from the proposed
project.
Upon the director's determination that the application is complete and in compliance with filing
requirements of this chapter, the director, in coordination with the hearing examiner, shall be responsible
for assigning a date for and assuring due notice of public hearing for each application, which date and
notice shall be in accordance with the provisions of Title 16 YMC.
jjea�in Examiner. When considering an application for a conditional use permit, the hearing
examiner shall consider the applicable standards, criteria and policies established by this title as they
pertain to the proposed use and may impose specific conditions precedent to establishing this use
(1) Before any conditional use may be granted, it shall be shown that
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(a) The proposed use will not be materially detrimental to the public welfare or injurious to the
property or improvements in the vicinity of the proposed use or in the district in which the
Subject property is located;
(b) The proposed use ahoU meet o,exceed the performance standards that are required in
the zoning district the proposed use will occupy;
(c) The proposed development shall be compatible generally with the surrounding land us
in terms of traffic and pedestrian circulation, building and site design; i
(d) The proposed use shall beinkeeping with the goals and policies mfthe comprehensive
land use policy plan;
(a) All measures have been taken to minimize the possible adverse impacts, which the
proposed use may have onthe area inwhich itia|ooated
(2) The conditions may�
(a) lncrease requirements in the standards, criteria or policies established by this title;
(b) Stipulate the exact location as o means of minimizing hazards to |Je. |imb, property
damage, erosion, landslides nrtraffic;
(o) Require structural features nrequipment essential to serve the same purpose set forth
above;
(d) Impose conditions similar to those set forth in subsections (2)(b) and (2)(c) of this section
as deemed necessary to establish parity with uses permitted in the same zone in their freedom
from nuisance generating features in matters of noise' mdore, air poUuiion, wastes. vibration,
traffic, physical hazards, and similar rnatters; provided, the hearing examiner may not, in
connection with action on a conditional use permit, reduce the requirements specified by this
title as pertaining to any use orotherwise reduce the requirements ofthis title in matters for
(e) Assure that the degree of compatibility with the purpose of this title shall be maintained
with respect to the particular use on the particular site and in consideration of other existing and
potential uses, within the general area in which the use is proposed to be located;
(f) Recognize and compensate for variations and degree of technological processes and
equipment as related to the factors of noise, smoke, dust, fumes, vibration, odors, and hazard
32 DOC.
°
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(g) Require the posting of construction and maintenance financial security sufficient to secure
to the city one hundred fifty percent of the estimated cost of construction and/or installation and
fifteen percent maintenance of required improvements.
i5.29.i5OConditional use pernmAs—EffectmfheaHng examiner decision.
The decision of the hearing examiner unaconditional use permit shall befinal and conclusive with right
of appeal to the city council in accordance with YMC 16.08,030.
15,2918QApplication form.
The director of the city's community development department may prescribe the form in which
applications are made for a conditional use permit and other applications authorized pursuant to this
chapter, The director may prepare and provide printed forms for Such purpose and may prescribe the
type ofinfu,maUonto be provided in the application bythe applicant, No application mhoU be accepted
unless it complies with such requirements.
15.29.17DFiling fees.
The application for a conditional use permit shall be accompanied by a filing fee in the amount of
15.29.180 Notice ofhearing — Conditional use permits.
Notice of all public hearings shall be given and prepared as required by Chapter 16,05 YMC,
Upon final action oaset forth inthis chapter indenying onapplication for aconditional use permit, the city
shall riot accept further filing of an application for substantially the same matter within one year from the
date of any final denial of an application.
15,29.200 Transfer of ownership.
A conditional use permit runs with the land; compliance with the conditions of any such permit is the
responsibility of the current owner of the property, whether that is the applicant or a successor. No permit
for which a financial security is required shall be considered valid during any time in which the required
15.29.210 Vacation of permits.
A. Any conditional use permit issued pursuant to this chapter may be vacated upon approval by the
The use authorized by the permit does not exist and is not actively being pursued; or
2. The use has been terminated and no violation of terms and conditions of the permit exist
B. Requests to vacate a permit shall be made in writing to the zoning code administrator who shall
determine if the above conditions are present prior to authorizing the vacation. Vacation of any permit
shall be documented by the filing of a notice of land use permit vacation on a form provided by the
community development department with the city.
15.29.220 Violation — Penalty.
Compliance with the requirements of this code shall be mandatory. Any violation of the provisions of th
chapter shall be a misdemeanor subject to the penalties and remedies established in YMC 6.02.050.
Additionally, any violation of the provisions of this chapter, and any installation and/or operation of any
structure in violation of the provisions of this chapter, shall be deemed a public nuisance and violation
subject to penalties and remedies available under state law and city codes, The enforcement actions
authorized under this code shall be supplemental to those general penalties and remedies of Chapter
6,02 YMC and the public nuisance penalties and remedies available under state law and city codes. I
34 DOI�C.
11114DEX
ZONING TEXT AMENDMENT —
CHAPTER 15.29 WIRELESS COMMUNICATION FACILITIES
TXT#002-13, SEPA#011-13
EXHIBIT LIST
CHAPTER C
Public Comments
Koback Connors LLP Verizon Wireless
E. Michael Connors
Hathaway Koback 520 SW Suite l 235 35
Suite
Portland, OR 97204
Connors LLP 503-205-8401 (Dir)
503-205-8406 (Fax)
mikeconnorsc hkcii .corn
July 17, 2013
VIA EMAIL & U.S. MAIL Recefto
Steve Osguthorpe, Community Development Manager `1A 10
013
.
Department of Community Development
City of Yakima I rft, I t*4
129 North 2nd Street D&
Yakima; Washington 98901
Rea Proposed Wireless Communications Facilities Ordinance
Chapter 15.29 of the Urban Area Zoning Ordinance
Verizon Wireless - Written Comments
Dear Mr. Osguthorpe:
This firm represents Verizon Wireless with respect to the above -referenced Proposed Wireless
Communications Facilities Ordinance (the "Proposed Ordinance"). We appreciate the
opportunity to submit comment on the Proposed Ordinance and look forward to discussing these
issues further with the City during the public process.
INTRODUCTION
We understand the City's desire to adopt new regulations for the siting of wireless
communication facilities given that the City does not currently have any such regulations. As
noted in the purpose section of the Proposed Ordinance, it is important for the City to adopt
regulations that balance the need to promote quick, effective and efficient wireless
communication services throughout the City with the desire to minimize the potential adverse
impacts of wireless communication facilities on the community.' The need to strike the right
balance is even more critical today given the increasing demands for wireless communication
services both in quantity and quality throughout the City.
While the Proposed Ordinance provides a good framework for addressing the various issues
inherent in siting wireless communication facilities, we believe it does not strike the right
balance and will undermine the objective of facilitating the development of a wireless
communications infrastructure sufficient to serve the City's wireless needs. Although the
Proposed Ordinance encourages the use of existing towers, it imposes many of the same rigorous
requirements on collocation proposals that are typically reserved for new towers and does not
1 Section 15.29.010(A)(1).
July 17, 2013
Page 2
adequately promote the use of existing buildings, utility poles and other structures for collocation
opportunities. Several standards for new towers are so restrictive, subjective and onerous that it
will make it extremely time- consuming and difficult to site any new towers, and in some areas
may effectively preclude carriers from providing necessary coverage. The Proposed Ordinance
should provide a separate process and standards for new small cell technology which includes
substantially smaller antennas and equipment cabinets for certain areas that will significantly
reduce the visual impacts, noise and need for additional equipment space. Some of the proposed
provisions are overly broad and ambiguous, and need to be clarified to ensure that the standards
are sufficiently objective and clear for the City regulators, the providers and the community.
Finally, the Proposed Ordinance is inconsistent with various federal laws that govern wireless
communication facilities.
We identified our specific concerns with the Proposed Ordinance below and recommended
proposed changes where appropriate. Given that these written comments are part of the
beginning of this public process for the Proposed Ordinance, some comments are more general
in nature.
SPECIFIC COMMENTS
1. The requirements for collocating antennas on existing structures are too rigorous
and restrictive.
Although the Proposed Ordinance aims to encourage the use of existing towers, buildings and
other structures, as opposed to constructing new towers, it includes a number of provisions that
will undermine this goal by imposing overly rigorous and restrictive requirements on these
collocation proposals. There are two primary problems.
First, the Proposed Ordinance imposes many of the same rigorous requirements on collocation
proposals that are typically reserved for new towers. For example, the Proposed Ordinance
imposes the following requirements on all proposals to site antennas on existing structures: (1)
demonstrate that the proposed site is the best site for screening and camouflaging oppoil pities,
and explain why the antenna nnist be located at the proposed site;2 (2) provide multiple photo
simulations of the antenna to address the impacts on srrr•rounding properties and the public rig,hts-
of=way;3 and (3) demonstrate that the height of"the antennas is the rnininiLim height
necessary. These are only a l.;ew examples, If the City truly watrts to encourage the collocation
of antennas on existing structures, it must streamline the process for these proposals and not
impose the same type of rigorous standards as new towers. Otherwise, carriers will not have
sufficient incentive to pursue these collocation opportunities if a mere antenna proposal triggers
many of the same requirements as a new tower.
Second, the collocation provisions in the Proposed Ordinance are too narrow and specific to
collocation proposals on existing towers. Although the Proposed Ordinance makes passing
z Section 15.29.040(A). RECEIVED
3 Section 15.29.070(F).
4 Sections 15.29.040(a) and 15.29.090(B)(3).
JUL 19 2013
CITY OF YAKIIhA
R ANNING DIV. INDEX
#' I . C
July 17, 2013
Page 3
reference to the desire to encourage locating antennas on all types of existing structures, many of
the substantive provisions reference only collocation on existing towers. For example, Section
15.29.080(A) provides that collocating on "existing towers" is permitted without a conditional
use permit approval, but it says nothing about other existing structures, such as buildings, water
towers, utility poles, etc. Given the limited number of towers and available space on existing
towers, these other structures are providing the bulk of the collocation opportunities. As a result,
most cities and counties encourage the use of all existing structures, including buildings, water
towers, utility poles, etc., for collocation opportunities and streamline these proposals to provide
sufficient incentives for the carriers to pursue these opportunities. The Proposed Ordinance
should be revised to sufficiently promote the use of all existing structures.
2. The Proposed Ordinance does not adequately encourage the use of public rights-of-
way, especially existing utility poles, street lights, etc.
Most cities and counties strongly encourage the collocation of antennas on existing utility poles,
street lights, etc., since these structures already impose many of the same impacts as wireless
communication facilities and provide a source of revenue for the local government. Most
jurisdictions significantly streamline these types of proposals, many requiring mere building
permits.
In contrast, the Proposed Ordinance imposes additional requirements on the use of public
property, which appears to include public rights-of-way. All proposals on "city owned property"
must demonstrate that "The facilities will have no significant adverse impact on surrounding
private property, or any significant adverse impact is mitigated by screening, canioullage or other
cognition."5 These requirements apply to proposals on existing structures, including utility
poles, street lights, etc., and are in addition to the typical requirements. Therefore, the Proposed
Ordinance provides a disincentive for using public rights-of-way,6 These additional
requirements should be removed, or at a minimum, excluded from application to existing utility
poles, street lights, etc., since many of the impacts already exist at these locations.
Finally, the siting priority on public property section should expressly provide that wireless
facilities are permitted on utility poles and street Iig�l� its in the right-ol" way.7 Although this type
of language is included in the design criteria section,s it would be more appropriate to include
this statement in the section that specifically addresses the public property where wireless
facilities can be located.
3. The standards for new towers are too restrictive, subjective and oncrous. jilt
While Verizon Wireless understands the City's desire to discourage new towers, there will
V1,
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some instances where a new tower is the only means for providing wireless service to a � 010
particular area. Several standards for new towers are so restrictive and onerous that it will be too
5 Section 15.29.060(B).
6 The sole exception is the waiver of the setback requirement under Section 15.29.090(B)(2).
Section 15.29.060,
s Section 15.29.090(B)(2), which is the Right -of -Way Setback Exception section of the Design Criteria, provides
that "Wireless facilities attached to utility poles are permitted in all zones."
July 17, 2013
Page 4
difficult to site new towers, and in some areas may effectively preclude carriers from providing
necessary coverage.
New towers are required to "be significantly screened by placing them in trees to the extent it
does not result iii significant signal degradation" and niust he placed amongst or adjacent to "the
drip line of three or more trees at least seventy live percent of the height, of the fticility." These
requirements should be removed because they will significantly limit the number of available
sites since many available sites, especially those in the preferred commercial and industrial
zones, are not surrounded by trees of that size. Additionally, this requirement will result in taller
towers to avoid the interference of the trees.
Section 15.29.040 requires providers to evaluate "different sites to determine which site will
provide the best screening and camouflaging," and if the best site is not selected, demonstrate
why the facility must be sited at the proposed site. 10 This requirement is too ambiguous because
it is unclear how to determine the "best site for screening and camouflaging" since there are no
standards. In our experience, these types of "best site" requirements are highly problematic
because no site is acceptable to all property owners in the surrounding area. Neighbors in closer
proximity to one site will always prefer an alternative site that is further away. This dynamic
leads to competing sites in which the wireless carrier is caught in the middle and results in
significant delays to the process.
The standards for demonstrating that a new tower must be located in the residential areas are
extremely onerous. It requires a demonstration that the tower cannot be located in any
nonresidential zones based solely on physical constraints and technological feasibility (economic
feasibility is specifically excluded from consideration), and the provider must contact every
owner of a 30 -ft plus buildings within a quarter mile of the site and demonstrate they refused to
lease space." Sh c.e economic considerations have been intentionally omitted, presumably a
building owner's demand of an exorbitant amount of rent would not be a legitimate basis for
eliminating that alternative. These requirements are unprecedented. At a minimum, the
requirement to contact building owners within a quarter mile must be removed.
Finally, the conditional use permit approval criteria that apply to new towers appear to be the
most subjective and rigorous standards of any proposed development in the City. Section
15.29.140(B)(1) requires a demonstration that the tower will: (1) not be "injurious" to the
property, improvements in the vicinity or the district in which it is located; (2) be compatible
generally with the surrounding land uses; and (3) all measures have been taken to minimize
possible adverse impacts. These standards will be extremely difficult to satisfy. Since these are
the only conditional use permit standards that apply in the City, no other development is subject
to such rigorous standards even though other types of development have far greater impacts on
the surrounding area. While wireless communication facilities may cause impacts, their impacts
are minimal compared to the impacts of larger industrial and commercial developments.
9 Sections 15.29.040(D) and 15.29.080(B)(9). RECEIVED
10 Section 15.29.040(A).
11 Section 15.29.040(0). JUL 19 2013
CITY OF YAKIMA
PLANNING DIV. X
INDEX
# 0
July 17, 2013
Page 5
4. The Proposed Ordinance should provide a separate process and standards for new
small cell technology.
For years local governments have been pushing the wireless industry to reduce the size and
impact of wireless facilities. The wireless industry has begun implementing a new technology
called small cells that substantially reduces the size of antennas, equipment cabinets and related
equipment. Verizon Wireless is currently in the process of introducing small cells in the
Northwest region and working with local jurisdictions to amend their wireless facility standards
to account for this new technology. The City should take advantage of this opportunity and
address this new technology now as part of the Proposed Ordinance.
Small cells will be used predominately to fill in gaps in areas where there is insufficient capacity
to meet the wireless needs of businesses and residents in the surrounding area. The small cells
consist of antennas and equipment cabinets that are a fraction of the size of the existing macro
facilities. Both the antennas and equipment cabinets will be mounted almost exclusively on
existing utility poles, light poles, buildings and other structures. Given the different technology
and the fact that small cells will substantially minimize the visual, noise and related impacts,
they require a different regulatory approach and standards that significantly streamline the
process.
The Proposed Ordinance needs to recognize and encourage this new technology. We propose
that the City include a separate section in the Proposed Ordinance that recognizes small cells and
provides separate standards for addressing them. We are happy to provide the City more details
about the small cell technology in order to develop a more appropriate approach for these types
of facilities.
5. The priority of locations sections need to be modified and/or clarified.
There are several provisions in the priority of locations sections that need to be modified and/or
clarified. 12 The most significant concern is that it is unclear how the City will implement these
priorities since they are not part of the site selection standards and there are no standards for
determining when the City will deem higher priority sites unavailable. This ambiguity will
create uncertainty, invite opponents to challenge the compliance with these priorities and
significantly delay the overall siting process. Since antennas and towers are allowed in all zones,
these standards should not be used in a way that complicates the process and review standards.
While it does not appear to be intended, the Proposed Ordinance suggests that new towers are
not allowed in the commercial and industrial zones. It provides that the highest priority is to
"place antennas and towers on appropriate rights-of-way and existing structures" in the
commercial and industrial zone," app -3-1 there is no mention of new towers its these: zones. This
provision should be clarified.
RECEIVED
lz Sections 15 .29,040 through 15.29.060. JUL 19 2013
is Section 15,29.050(A).
.CITY OF YAKIMA
PLANNING DIV D
INDEX
July 17, 2013
Page 6
Classifying residential zones or any area within 800 feet of residential zones as the lowest
priority will create problems. 14 The personal use of wireless devices is one of the largest
growing segments of the industry and therefore wireless facilities need to be increasingly located
in residential areas to provide the required service. As previously explained, the standards for
siting a new tower in these areas are extremely difficult. At a minimum, these provisions should
not discourage antenna collocation on existing structures in these areas. This is especially
necessary for small cells because they are the most efficient and least intrusive way to fill in
coverage and capacity gaps in residential areas. Moreover, an 800 -foot buffer area is
unnecessarily large. The buffer area should be reduced to 400 feet, which is more standard in
other jurisdictions.
For publically owned property, the requirement that carriers reimburse for "any related costs that
the city incurs because of the presence of the applicant's facility" is too vague and open-ended. 15
This provision is unnecessary and should be deleted because the City already provides for
recovery of costs associated with the use of public property in the form of application fees,
franchise fees and rent for leases. Additionally, the process for siting in a public park is so
extensive and time-consuming since it requires the additional approval of both the City Parks
commission and the City Council that it will discourage the use of parks. The City should not
make it so difficult to site wireless facilities in parks because they offer unique opportunities for
screening trees, open space and buffers from adjacent properties. If the City truly wants to
discourage the use of public parks, they should not be listed in the higher priority public sites.
Finally, antennas should not be completely prohibited within 800 feet of historic districts,
wildlife refuges or protected archeological Sites. 16 The Proposed Ordinance should at least
provide for some exceptions if services are required in these areas. Additionally, the 800 -foot
buffer area should be reduced to the more typical 400 foot standard.
6. The application submittal and testing requirements are too vague and excessive.
There are several problems with the application submittal and testing requirements. 17 As
previously explained, the photo sinxulation requirement should not be imposed on collocation
proposals on existing structures.18 Photo simulations are very expensive and require a great deal
of lead time to generate. If carriers want to propose multiple site options, it would be extremely
cumbersome and costly to prepare these photo simulations for each option. Additionally, the
requirement to take photo simulations from "affected residential properties and public rights-of-
way at varying distances" is too vague. The Proposed Ordinance should include more specific
and objective standards.
The "other related requests" requirement which allows the City to require "any combination of
site plans, surveys, maps, technical reports, or written narratives" is too open-ended and should
14 Section 15.29.050(C).�+�®
15 Section 15.29.060(B)(6).
16 Section 15.29.045.
17 section 15.29.070. JUL 19 2013
18 Section 15.29.070(F).
CITY 01=YAKIMA
R ANNING DIV. DOC.
INDEX
July 17, 2013
Page 7
not be required for simpler collocation proposals on existing structures. 19 The Proposed
Ordinance should include more specific and objective requirements that reasonably relate to the
specific proposal.
The requirement to provide a current map and aerial of all current and proposed facilities
operated by the applicant in the City and areas close enough to impact services in the City is
highly problematic. 20 This information is unnecessary for the City to evaluate a proposal for a
single site and would be burdensome to produce for every application. More importantly, this
information is proprietary and highly confidential. Wireless carriers cannot be required to
disclose confidential and proprietary information, especially if it is not relevant to the approval
standards.
The provision requiring that abandoned facilities be removed upon the receipt of a notice from
the City must account for those instances in which the carrier contests the City's claim .21 A
carrier cannot be required to remove facilities upon the mere receipt of a notice claiming that
they have been abandon or are in violation if the carrier disagrees and wishes to contest the
claim.
The collocation section is also problematic. 22 The carrier's requirement to consent to future
collocation opportunities on a proposed tower must expressly account for technical feasibility,
necessary separation of antennas and equipment, and the load bearing capacity of the tower.
7. The design criteria are too vague and excessive.
There are several problems with the design criteria. 23 As previously explained, wireless carriers
should not be required to demonstrate that the height cif the antennas are the minimum height
necessary in all zones and the public, right-of-way,2'1 Antennas proposed on existing structurMes
should not be required to undergo this onerous requirement in any zone or right-of-way. Nor
should it be required for new towers proposed in higher priority areas, such as commercial and
industrial zones, where there is not the same need to minimize the height of the tower. It is our
experience that demonstrating that an antenna is the minimum height necessary is costly, time-
consuming and subject to extensive second-guessing.
The landscaping requirements are onerous and it should be clarified so it is clear they only apply
to towers. )5 Since this provision only exempts flush -mounted antennas and equipment housed in
an existing structure from the landscaping requirement, whip antennas and small cell equipment
cabinets would be subject to this requirement even though it would be ridiculous to require
landscaping in these instances. Even for towers, the landscaping requirements are too onerous
RECEIVED
19 Section 15.29.070(E) JUL 1 9 2013
20 Section 15.29.070(K).
" Section 15.29.070(B).WY OF Y��yfIG��
zz Section 15.29.070(B). Q�N���"7IO�,dy.
23 Section 15.29.070.
24 Sections 15.29.040(a) and 15.29.090(B)(3).
25 Section 15.29,080('B)(8).
DOC.
INDEX
July 17, 2013
Page 8
since they require a fence, a row of 6 -ft evergreen trees, a continuous 36 -inch high hedge, and
automatic sprinklers.
As previously explained, the screening requirements to place the facilities amongst or adjacent to
large tremas should be removed because it will significantly limit the available sites, and at a
minimumshould not apply to antennas.26
Parking should not be required for maintenance workers when the facility is fully automated.27
Requiring parking is unnecessary and results in an additional impact.
The antenna criteria have several problems. 28 All antennas must be "camouflaged," which is
defined as "disguised, hidden or integrated within the existing structure" or within trees. As
previously explained, the use of substantially smaller antennas should be recognized as an
acceptable alternative mitigation measure since they will mitigate the impacts greater than the
traditional camouflage techniques. The restrictions on roof mounted antennas for building 30
feet or less are too great and will discourage the use of existing structures which often times
require use of the roof to provide for sufficient height.
The regtdrenient that equilinient be no more. than 2010 feet from the tower or antenna will create
significant problems "G here will be several instance where the equipment will be required to
be more than 200 feet from the antennas. If the antennas are located on a rooftop, often times the
equipment is located in the basement more than 200 feet away. It is also unclear if these
standards apply only to equipment buildings and shelters, or equipment cabinets as well. This
needs to be clarified so these standards do not apply to mere equipment cabinets. It also should
be clarified that equipment cabinets qualify as screening for ground level equipment.
8. The application fees and costs must be reasonable.
The Proposed Ordinance allows the City to hire a third party expert to review the application
material at the applicant's sole expense without any limit on the costs. 30 The Proposed
Ordinance should include a cap on these fees and at least require that they be reasonable.
The application fee amount in Section 15.29.170 is blank. It should be filled in with a reasonable
application fee.
9. The Proposed Ordinance does not adequately exempt existing wireless
communication facilities from the new regulations.
While we understand the City's desire to adopt new regulations governing the siting of future
wireless communication facilities, these regulations certainly should not apply to existing
facilities that were sited before the regulations go into effect. The Proposed Ordinance attempts
25 Section 15.29.080(B)(9). RECEIVED
27 Section 15.29.080(B)(10).
28 Section 15.29.080(B)(11). JUL 19 2013
29 Section 15.29.080(B)(12).
30 Section 15.29.130. CITY OF YAKIMA
PLANNING DIV.
July 17, 2013
Page 9
to address this issue by exempting existing facilities in Sections 15.29.010(C) and 15.29.030(G),
but these provisions are too ambiguous and appears to impose the new regulations on activities
that should be exempt.
Sections 15.29.030(C) and 15.29.030(G) exempt "routine maintenance or repair" of existing
facilities, but that term is not defined. The lack of a definition will lead to confusion and
disagreement regarding the scope of the exemption. The Proposed Ordinance should include a
specific definition for this term.
Although Section 15.29.030(G) provides that the routine maintenance or repair of existing
facilities is exempt, it includes the following qualification: "provided, that compliance with the
standards of this chapter are maintained." This language is ambiguous and could be interpreted
to require routine maintenance and repairs to comply with certain portions of the new
regulations, and if so it is unclear what requirements would apply. The routine maintenance and
repair of existing facilities should be completely exempt. This qualifying language should be
deleted, or at a minimum clarified.
Finally, it appears that the mere replacement of antennas on an existing facility would trigger the
new regulations. Section 15.29.030(G) excludes the following from routine maintenance or
p
re air:"structural work or changes an height, type or dimensions of antenpas, towers, or
buildings." (Emphasis added). Unless the replacement antenna is identical in height, type
and dimension it appears it would be subject to the new regulations regardless of the
extent of the difference or whether it is larger or smaller. This exclusion should be
limited to replacement antennas that are significantly larger or placed significantly higher
than the antenna being replaced.
10. The Proposed Ordinance conflicts with federal law.
The Proposed Ordinance runs afoul of several federal regulations. As you know, the Federal
Communications Commission ("FCC") adopted what is commonly known as the Shot Clock
Order it3 2009.31 The Shot Clock Order imposes presumptively reasonable time periods for
reviewing wireless facility applications, which are 90 days for collocation applications and 150
days for non -collocation applications. 32 The Proposed Ordinance does not impose time periods
for processing the applications consistent with this requirement.
The Proposed Ordinance conflicts with the Telecommunications Act of 1996 as well. The
Telecommunications Act of 1996 provides wireless carriers with important procedural due
process protections, including the requirement that "the regulation of the placement,
construction, and modification of personal wireless service facilities by any State or local
government or instrumentality that * * * shall not prohibit or have the effect of prohibiting the
provision of personal wireless services."33 Given many of the overly restrictive, ambiguous and
31 FCC Declaratory Ruling FCC 09-099 (Novenibei, 18, 2009).
32 The City considers wireless facility proposals, in the right-of-way collocation applications. See Amendments to
Wireless Right -of -Way Agreements, May 12, 2009, Section 6.D.1..
ss 47 U.S.C. § 332(c)(7)(B)(i)(II).
RECEIVED ®OC.
JUL 19 2013 INDEX
CITY OF YAKIMA
PLANNING DIV
July 17, 2013
Page 10
extensive standards in the Proposed Ordinance, it could very well have the effect of prohibiting
the provision of personal wireless services if the City does not make the necessary revisions.
Finally, the Proposed Ordinance conflicts with Section 6409 of the Middle Class Tax Relief and
Job Creation Act of 2012. Section 6409 preempts State and local governments from denying the
collocation of wireless transmission equipment, including the installation, removal or
replacement of such equipment. As previously noted, the Proposed Ordinance imposes many of
the same rigorous requirements on collocation proposals that are typically reserved for new
towers and does not adequately promote the use of existing buildings, utility poles and other
structures for collocation opportunities. The City cannot deny such collocation proposals in a
manner inconsistent with Section 6409. Requiring wireless carriers to undergo such extensive
requirement clearly violates Section 6409.
CONCLUSION
We appreciate your consideration of our comments and your willingness to seek input from the
wireless industry. We truly hope that this public comment period is the start of constructive
dialogue between the City and wireless carriers to help improve the Proposed Ordinance. If the
City takes these comments seriously and ensures an adequate opportunity to address these issues
during the public process, we firmly believe that the City can strike a better balance between
providing wireless communication services throughout the City and minimizing potential
adverse impacts on the community.
Very truly yours,
HATHAWAY KOBACK CONNORS LLP
r
E. Michael Connors
EMC/df
Cc: Heather Campbell, Verizon Wireless
Peter Mauro, Verizon Wireless
Ed McGah, Verizon Wireless
July 18, 2013
Carol Tagayun
Director
External Affairs
Steve Osguthorpe
Community Development Manager
City of Yakima
Department of Community Development
129 North 2°d Street.
Yakima, WA 98901
AT&T
16631 NE 72mi Way
Room 1173B
Redmond, WA 98052
T: 425.580.4694
F: 425.580.8652
carol.tagayun@att.com
www.att.com
RE: Proposed Amendment to Yakima's Zoning Ordinance for Wireless Cell Siting
Dear Mr. Osguthorpe:
At the public hearing on May 21, 2013, the Yakima City Council meeting, the City Council
was clear that an ordinance regarding wireless cell siting must be workable for the wireless
industry Unfortunately, the new proposed Chapter 15.29, Wireless Communication Facilities
("Proposed Ordinance") does not meet that expectation. The Proposed Ordinance replaces
one-page of requirements with twenty-seven, including many provisions that are
unnecessary, internally inconsistent, and overly burdensome. The following are a few
examples of problematic aspects of the Proposed Ordinance:
0 Section 15.29.045 prohibits antennas and antenna support facilities within "800 feet
of any established federal, state or local historic districts or historic district overlay
zone..." Practically this means that wireless antennas would not be allowed in a
significant portion of the downtown Yakima business district and surrounding areas.
This is untenable. Further, Section 15.29.045 conflicts with Section 15.29.050(C)
which allows antennas "within 800 feet of...established federal, state or local historic
district overlay zones" subject to certain conditions.
• Section 15.29.050 sets forth the priority for locating new personal wireless service
facilities. Section 15.29.050(C) is the last priority for cell siting and includes the vast
majority of the City of Yakima. See attached zoning map. As such, it appears that
very few, in any places in the City of Yakima are with the preferred zoning areas.
Section 15.29.050(C)(1) also groups together and places at the same level of priority
single family residential zones with other zones that happen to be within 800 feet of a
historic zone.
• Section 15.29.050(C) requires that a proposed antenna, tower and antenna support
structure located in residential zoning districts or within 800 feet of residential zoned
districts or "established federal, state or local historic district overlay zones..."
which, as discussed above, is the large portions of the City of Yakima, to be
DOC.
INDEX
Proud Sponsor at the US.. Olympic Team
�UrAMM�NIM � �y
camouflaged as that term is defined in Section 15.29.020.1 The camouflage
requirements will technically not work everywhere and will not necessarily reduce
the visual impact. For example, flagpoles/light poles have very limited space for
antennas, thereby reducing the overall coverage, capacity, and colocation opportunity
for the site. The result is that carriers will need additional sites to provide the same
level of service. In addition, a flagpole, typically 6-8" in diameter, would have to be
replaced with a rather large looking flagpole 42" in diameter.
We would appreciate the opportunity to have a more detailed discussion about these and
other problematic provisions in the Proposed Ordinance. We will provide more detailed
suggested revisions at that time.
Sincerely,
3"Xe- aT;��
Carol Tagayun
Director, External Affairs — Washington State
cc: Mark Kunkler, Senior Assistant City Attorney
Robert Bass, AT&T External Affairs
Michael Van Eckhardt, AT&T Legal
Ken Lyons, Busch Law Firm PLLC
' The definition of "camouflaged" in Section 15.29.020 appears to be inconsistent with Section 15.29.0900'
requirements for screening. V •
INDEX
eaProud Spansar aF the U.S. 06yrnpic 'i'eurn ,�
Peters, Jeff
From: Timmerman, Carter <TimmerC wsdot.wa.gov>
Sent: Wednesday, July 17, 2013 3;35 PM
To: Peters, Jeff
Subject: SEPA #011-13: Wireless Communications 15.29 draft
Hi Jeff,
I just want to follow up on the message I left earlier. The Washington State Department of
Transportation (WSDOT), Aviation Division has two recommendations for you regarding the City of
Yakima's Wireless Communications 15.29 draft.
Staff may want to consider adding a reference to the City of Yakima's Chapter 15.30 Airport
Safety Overlay (ASO). The chapter is intended to protect the airspace around Yakima Air
Terminal/ McAllister Field from airspace obstructions and incompatible land uses.
Staff should revise section 15.29.070 (P) "A fetter signed by the applicant stating that the tower
will comply with all FAA regulations and EIA standards and all other applicable federal, state
and local laws and regulations." The responsibility for preventing hazardous obstructions to
airport airspace rests with state and local governments and the airport operator. The FAA
merely provides technical expertise. It doesn't have land use authority or regulations for the
compatibility of towers. Simply because the FAA has issued a Determination of No Hazard
indicating that it has no objection to a proposed construction does not mean that the
proposal is compatible with the airport.
Please feel free to contact me, if you have any questions or concerns.
Respectfully yours,
f7o' V11"hirlgton state Deparhnwd of Transportation
iAviatfon Division
'A Steward for Washrngton's Aviation System'
Carter Timmerman
Aviation Planner / GIS Analyst
Tumwater, WA
360.709.8019
Steve Osguthorpe, AICP
Community Development Manager
City of Yakima, Department of Community Development
129 N. 2nd Street
Yakima, WA 98901
RE: Chapter 15.29, Wireless Communication Facilities - Draft
Dear Mr. Osguthorpe,
July 9, 2013
CITY OF YAKIMA
ODE ADMIN. DIVISION
SIL 112013
��ErVD FAXED❑
❑PAID FYI 0
I would like to register the following comments regarding the proposed cell tower
ordinance that will be discussed over the coming weeks. Unfortunately, I will be out of the
country during that time, so would like to put my comments on the record at this time.
Overall, I appreciate the work that staff has accomplished in creating this much needed
ordinance. My particular interest revolves around protective mechanisms for historic
properties and historic districts.
I hold the opinion that cell towers are intrinsically incompatible within residential areas,
adjacent to historic properties and adjacent to or within historic districts.
With that in mind, I would like to draw your attention to Section 15.29.045 (9) which
states, "except as provided in 15.29.045 (A) antennas and antenna support facilities are
not permitted within 800 feet of gr!y established federal state or local historic
districts or historic district overigy zones state and local wildlife refuges, and
permanently protected archeological sites."
A variation of this phrasing is repeated in section 15.29.050 (B), however it says," at least
800 feet from residential zoning districts or established federal state or local
historic district overlqy zones state and local wildlife refuges, and permanently
protected archeological sites." The phrase "from residential zoning districts" has been
added and the phrase "local historic districts" has been omitted.
DOC.
DAX ,
The same inconsistent phrasing has been repeated in 15.29.045 (C) and in 15.29.090 (B, 9).
It appears these phrases need to be brought into agreement and I suggest the following
change:
„800 feet from residential zoning districts or established ederal state or local
historic districts proMsed historic districts established residential historic
properties, historic district overigy zones state and local wildlife refuges, and
permanently protected archeological sites."
I understand there will be re -consideration of the "800 feet" stipulation. It does indeed
appear to be excessive. I would favor 500 feet if that distance would be practical,
particularly in the downtown historic district.
I have other questions that are too lengthy to recite in a letter. Representatives of the
Barge -Chestnut Neighborhood Association will bring those forward to you in the course of
the scheduled meeting on July 15th
Thank you for the opportunity to register my comments. I look forward to the adoption of
a solid, usable ordinance that will protect our vulnerable residential and historic areas.
Sincerely,
Leslie J. Wa I'
2403 W. Yakima Ave.
Yakima, WA 98902
509-452-9183
reljwahl@msn.com
DOC.
INDEX
Nancy Adele Kenmotsu, Ph.D.
101 N 481h AV, #6B
Yakima, WA 98908
May 21, 2013
Mayor and City Council
City of Yakima
129 N Second St
Yakima, WA 98901
RE: Cell Towers & Neighborhoods
Dear Mayor Cawley and Council Members:
I write to you both as a member of the Yakima Historic Preservation Commission and as
a resident of the City of Yakima. In both capacities, I am in full support of the current
moratorium on cell towers in Yakima. The City needs to develop a process to cite these
facilities without adverse effects to existing residential and historic districts. "Adverse
effect" is a term defined by the regulations for Section 106 of the National Historic
Preservation Act (36CFR800.5) and it includes introduction of visual elements that
diminish the integrity of the property. As an example, the cell tower proposed at the
southwest corner of 16th and Yakima avenues would have an adverse effect on the four
historic properties surrounding it (all listed on the National Register of Historic Places)
and the Barge Chestnut. Historic District.
Yet, Yakima has other historic neighborhoods not on any local or national register that
could also be adversely affected by similar proposals simply because we currently have
no means to evaluate the effects of such placement. As well, I live in, and likely some or
all of the people in this room, live in pleasant, peaceful residential neighborhoods. We
too need a means to avoid the introduction of ugly, unwelcome, intrusive elements out of
keeping with the design and scale of our neighborhood.
In sum, the moratorium is a prudent measure to seek resolutions of the need for cell
towers with the need for quality of life. The moratorium comes at a time when the City
seeks to position itself as a destination for visitors and new businesses. Cell towers placed
at random, without any plan, do not impress visitors or potential investors. Without the
moratorium and rules for cell tower placements, adverse effects to historic properties and
historic districts will occur. At the same time, we can also anticipate that citizens in any
residential neighborhood will have no voice in the placement of these towers next to their
homes. That is not the quality of life that I seek in Yakima.
Sincerely,
signed by Nancy Kenmotsu
Nancy Kenmotsu
DOC.
INDEX
at&t
May 16, 2013
Yakima City Council
c/o Mayor Micah Cawley
City of Yakima
129 N. 2nd Street
Yakima, WA 98901
VIA EMAIL. AND.,FIRST CLASS MAIL
Bob Bass
President
External Affairs, WA
RE: Moratorium on Telecommunication Towers
Ordinance No. 2013-014
Dear Honorable Mayor Cawley:
AT&T Services, Inc.
16331 NE 72nd Way
Room 1217C
Redmond, WA 98052
T:425-580-5836
M:425-786-8816
robert.bass@att.com
www.att.com
AT&T is concerned about the impact of the six-month moratorium on filing and acceptance of
applications and issuance of permits for telecommunication towers and related facilities
approved by the Yakima City Council on April 2, 2013 ("Moratorium"). The Moratorium is a
significant obstacle to providing the wireless service upgrades that Yakima residents and visitors
demand and is in conflict with federal law. While AT&T is eager to work with the City to develop
a workable ordinance for wireless service facilities in Yakima, we urge the Council to
immediately repeal the Moratorium.
Technology in the telecommunications industry is evolving rapidly. The convenience and
functionality of wireless devices — especially smartphones — are rendering traditional landline
phones nearly obsolete. Wireless customers with access to mobile broadband use their phones
to send and receive emails and text messages, browse the Internet, connect with friends and
get breaking news via social media, stream video and music, utilize the latest apps and, of
course, make phone calls. The National Center for Health Statistics estimates that US residents
are increasingly choosing wireless phones as their primary, and often sole, source of
communication. In Eastern Washington, 31.4% of residents now live in wireless -only
households, compared to 6.3% living in landline -only households.-'
Likewise, small businesses depend upon wireless service to compete. A recent AT&T survey of
small businesses indicated that nearly all (98%) small businesses utilize wireless technologies in
their operations. 66% of small businesses responded that they could not survive — or it would
be a major challenge to survive — without wireless service .2
1 CDC. "Wireless Substitution: State -level Estimates from the National Health Interview Survey, 2010-2011."
National Health Statistics Report. Number 61, October 12, 2012,
2 AT&T. "2013 AT&T Small Business Technology Poll." AT&T Website, From URL: hqqJ/www.att. omewe ress-
rcaouzr ?pid=23f7g
010C.
INDEX
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Rapid adoption of wireless technology is driving demand for a new generation of wireless
infrastructure to support it. In the past four years alone, AT&T has seen the demand for data
on its network grow by 8,000%.3 AT&T is working to upgrade its network in Yakima to the latest
wireless 4G Long Term Evolution ("LTE") technology. LTE is capable of providing data speeds up
to ten times faster than 3G, providing a faster, more reliable broadband option for Yakima
residents.
The Moratorium is a significant obstacle to providing the wireless service upgrades that Yakima
residents and visitors demand and is in conflict with federal law. Section 6409(a) of the "Middle
Class Tax Relief and Job Creation Act of 2012" states that a local jurisdiction cannot deny, and
must approve, an application for collocation, including removal, replacement and addition of
new transmission equipment when the existing tower and/or base station is not being
substantially changed.
The FCC defines "substantial change" as:
1. The mounting of the proposed antenna on the tower would increase the existing height
of the tower by more than 10%, or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed twenty feet, whichever is
greater, except that the mounting of the proposed antenna may exceed the size limits
set forth in this paragraph if necessary to avoid interference with existing antennas; or
2. The mounting of the proposed antenna would involve the installation of more than the
standard number of new equipment cabinets for the technology involved, not to exceed
four, or more than one new equipment shelter; or
3. The mounting of the proposed antenna would involve adding an appurtenance to the
body of the tower that would protrude from the edge of the tower more than twenty
feet, or more than the width of the tower structure at the level of the appurtenance,
whichever is greater, except that the mounting of the proposed antenna may exceed
the size limits set forth in this paragraph if necessary to shelter the antenna from
inclement weather or to connect the antenna to the tower via cable; or
4. The mounting of the proposed antenna would involve excavation outside the current
tower site, defined as the current boundaries of the leased or owned property
surrounding the tower and any access or utility easements currently related to the site.
The Moratorium would not allow AT&T, or any carrier, to add equipment outside of its existing
compounds or install upgrades, even those that do not significantly change existing
towers/structures pursuant to FCC definitions. Since the recent federal law covers these
e Matt Hendrickson. "What will they think of next?" AT&T Maigazine. Summer 2011. ®®C.
INDEX
Piarere� rponaa[ c.d' rtrr U,,, Culym� a iiga«V
activities, at a minimum, the exemption language in the Moratorium Ordinance (Section 2,
Ordinance 2013-014) be modified accordingly.
Furthermore, the Moratorium likely violates the FCC "Shot Clock." The FCC Shot Clock requires
that jurisdictions process applications in a timely manner — 90 days for collocations and 150
days for new towers. While AT&T does not currently have any new tower applications in the
City of Yakima, we expect to submit applications in the near future. Simply refusing to intake
and permit applications does not relieve the City of Shot Clock requirements. AT&T urges the
City to repeal the Moratorium, but at a minimum it must reduce the length to no more than 90
days and during that time amend and implement code revisions for wireless service facilities in
Yakima.
Thank you again for your attention to these matters. As the City works to develop Yakima's
land use regulations for siting of wireless facilities, we would encourage you to examine those
established by the City of Spokane. Again, we look forward to working with the City of Yakima
on a solution that works for your residents and our customers in Yakima.
Sincerely,
Robert Bass
External Affairs President, Washington
Attachments
cc: Yakima City Council
Mark Kunkler, City of Yakima, Senior Assistant City Attorney
Steve Osguthorpe, City of Yakima, Community Development Director
Michael van Eckhardt, AT&T, General Attorney — Network Operations
M' WP -.id SP.115u1 .% Yhlu U'S 0y,,,,Pic No
DOC.
INDEX
7r_ 1,, .-
ZONING TEXT AMENDMENT —
CHAPTER 15.29 WIRELESS COMMUNICATION FACILITIES
TXT#002-13, SEPA#011-13
EXHIBIT LIST
CHAPTER I
Public Notices
AFFIDAVIT OF MAILING
STATE OF WASHINGTON
CITY OF YAKIMA
RE: SEPA#011-13, TXT#002-13
Ci!y PI nning Division - Cell Tower Text Amendment
Citv wide
I, Rosalinda Ibarra, as an employee of the Yakima City Planning Division, have
dispatched through the United States Mails, a Notice of DNS. A true and correct
copy of which is enclosed herewith; that said notice was addressed to the
applicant, listed SEPA agencies, and all interested parties of record. That said
property owners are individually listed on the mailing list retained by the
Planning Division, and that said notices were mailed by me on the 19th day of
July 2013.
That I mailed said notices in the manner herein set forth and that all of the
statements made herein are just and true.
Rosalinda Ibarra
Administrative Assistant
Ahtanum Irrigation District a Cascade Natural Gas Department of Commerce
Beth Ann Brulotte Executive Assistant Jim Robinson Field Facilitator Growth Management Services
lnrm obiLi,sonl f �lgr a aa¢tr� �I �ycwta��ln�frVC(IIIxnaca� �.�<a.gr�a_.ma, ......-._
Department of Ecology
Annie Szvetecz SEPA Policy Lead
Department of Social & Health Services
Andrew Jenkins
Jeanne Rodriguez
.Ieanjwx(") rigq , �d c➢ ➢ w art P ty f
Energy Facility Site Evaluation Council -
EFSEC
Stephen Posner SEPA Officer
�;J� cr��,�tc,,.l.`.t"a �➢➢ta t r . tylp.:.ay''
Office of Rural and Farm Worker Housing
Marty Miller
lvj<p,gynm' r c 9 ➢fit »,l'Jro
West Valley School District
Angela Watts Asst. Supt. Of Business &
Operations
Yakama Bureau of Indian Affairs
Bud Robbins Superintendent
i�!up�l 1 �ro➢�l�jml� wt,�r�lar �.gr,�:�+
Yakama Nation Environmental Management
Program
Kristina Proszek Environmental Review
Coordinator
,rrv�rcaw ITaVia^as crFv d nt�^t crIn
Yakima County Commissioners
Yakima County Public Services
Vern Redifer Public Services Director
velar rtdif` N drk rr Brea t_r�u
Department of Fish and Wildlife
Eric Bartrand
�mm�mw� jar t� �zs�clli�v„wva. �c��°
Dept of Archaeology & Historic
Preservation
Greg Griffith Deputy State Historic
Preservation Officer
(a g gr a f�rG.r ii;.dallga... yxz gr -v
Engineering Division
Doug Mayo City Engineer
cfil�r tfdd,°ci� aktaar�� erns us
Dana Kallevig
17f�miJut➢Q a:,g. °<➢ j�l;'a grad ,qy
U.S. Army Corps of Engineers, Regulatory
Branch
Karen Urelius Project Manager
Kuee .M,Ifdeliuw a u.i a,u kaotmti �b3i1
WSDOT
Paul Gonseth Planning Engineer
gc�nwtza�r�+�,�➢�tt tt;:t�°
Yakama Bureau of Indian Affairs
Steve Wangemann Deputy Superintendent
for Trust Services
Yakama-Klickitat Fisheries Project
John Marvin
�n�tcvi�ttcr� a��➢�tn�ti1 �t�trl
Yakima County Health District
ltd dr,fo, aki Ina w.g trs
Yakima Greenway Foundation ®0C,.
Al Brown Executive Director
;x➢ drrvaz'aas tc,,g,mavay crl g
Department of Natural Resources
Linda Hazlett Assistant Land Manager
Diad irrtzlctt i,(&]m amoztLv
Dept of Archaeology & Historic
Preservation
Gretchen Kaehler Local Government
Archaeologist
.,.a➢l7,'s r
ddb l�J<]m ��V.:
Nob Hill Water Association
Eric Rhoads
,ldc ddr sajro a➢14vsdlt°I.0I'g
Wastewater Division
Scott Schafer Wastewater Manager
WSDOT
Rick Holmstrom Development Service
ha't➢�ttwb1frAawt wclot,w a,gLl
Yakama Bureau of Indian Affairs
Rocco Clark Environmental Coordinator
Yakima Air Terminal
Carl Remmel Airport Asst Manager
C'muil Icrnn, �.amkllluain„crminal.com
Yakima County Public Services
Steven Erickson Planning Director
Ttgy t..j..ri ksc�r� cd� r➢G�,�c;a�na_.��°a.0
Yakima Health District
Gordon Kelly Director of Environmental
Health
prdonI. l➢ rx c;; std fi-iIa
Yakima Regional Clean Air Agency Yakima Valley Conference of Governments Yakima Valley Museum
Hasan Tahat Engineering & Planning Shawn Conrad Planner John A. Baule Director
Supervisor It
Nt,,w na-)r,
Manager
Century Link
8 South 2nd Ave, Rm#304
Yakima, WA 98902
,,id Spurlock
Uity of Union Gap
P.O. Box 3008
Union Gap, WA 98903
Mark Teske
Department of Fish & Wildlife
201 North Pearl
Ellensburg, WA 98926
Cayla Morgan
Federal Aviation Administration
Airports District Office
1601 Lind Ave SW
Renton, WA 98055-4056
Ray Wondercheck
Soil Conservation District
1606 Perry Street, Ste. F
Yakima, WA 98902
i
WA State Attorney General's Office
'3 Lakeside Court, Ste# 102
_ .icima, WA 98902
Johnson Meninick
Yakama Indian Nation
P.O. Box 151
Toppenish, WA 98948
Robert Smoot
Yakima Valley Canal Co
1640 Garretson Lane
Yakima, WA 98908
Chamber of Commerce
10 North 9th Street
Yakima, WA 98901
Kelly McLain
Department of Agriculture
P.O. Box 42560
Olympia, WA 98504
Environmental Protection Agency
1200 6th Ave. MS 623
Seattle, WA 98101
Governor's Office of Indian Affairs
PO Box 40909
Olympia, WA 98504
Paul Edmondson
Trolleys
313 North 3rd Street
Yakima, WA 98901
Christine Collins
WA State Dept of Health, Office of
Drinking Water
16201 E Indiana Ave, Ste# 1500
Spokane Valley, WA 99216
Ruth Jim
Yakama Indian Nation
P.O. Box 151
Toppenish, WA 98948
Scott Robertson
Yakima Waste Systems
2812 Terrace Heights Dr
Yakima, WA 98901
SEPA REVIEWING AGENCIES Form List _updated 03.13.2013
Type of Notice: _
Kevin Chilcote
Charter Communications
1005 North 16th Ave
Yakima, WA 98902
Gwen Clear
Department of Ecology
15 West Yakima Ave, Ste# 200
Yakima, WA 98902
Federal Aviation Administration
2200 W. Washington Ave
Yakima, WA 98903
Mike Paulson
Pacific Power
500 North Keys Rd
Yakima, WA 98901
Jeff McKee
United States Postal Service
205 W Washington Ave
Yakima, WA 98903
Robert Hodgman
WSDOT, Aviation Division
818 79th Avenue, Ste B
Tumwater, WA 98504-7335
. ___ _....... _�....
Elaine Beraza
Yakima School District
104 North 4th Ave
Yakima, WA 98902
Yakima-Tieton Irrigation District
Sandra Hull
470 Camp 4 Rd
Yakima, WA 98908
File Number:,) , . � " P �_ =� --()62--13
Date of Mailing: �-7
//
I''E
YPC Members - k- . Tower Text Amendment - TXT#00_
Scott Clark
7506 Barge Court
Yakima, WA 98908
Alfred A. Rose
1006 Westbrook Place
Yakima, WA 98908
Dave Fonfara
8708 Cameo Court
Yakima, WA 98903
Paul Stelzer
6402 Scenic Drive
Yakima, WA 98908
3, SEPA#011-13
Benjamin W. Shoval
123 East Yakima Avenue,
Ste#210
Yakima, WA 98901
William Cook
7701 Graystone Court
Yakima, WA 98908
Ron Anderson Verizon Wireless Hathaway, Mark, & Connors LLP
103 S 3rd St Ste#203 c/o Rod Michaelis Michael Connors
Yakima, WA 98902 1411 E Pinecrest Road 520 SW Yarahill Street, Ste#235Portland, OR 97204
Spokane, WA 99203
Barge -Chestnut Neighborhood Assn
c/o Ralph Call
2608 West Chestnut Avenue
Yakima, WA 98902
Sprint
c/o Stephen Meadows
10545 Willows Rd NE
Redmond, WA 98052
Type of Notice: ')K)
Leslie Wahl
2403 West Yakima Avenue
Yakima, WA 98902
File Number: -1 C XI ITIT- 0,),-13
Date of Mailing:�►
Interested Parties - Cel.1r ver Moratorium list
Verizon Wireless
Rod Michaelis
1411 E Pinecrest Rd
Spokane
WA
99203
rmi h elis rolandll .com
Barge -Chestnut
Ralh
2608 W Chestnut Ave
Yakima
WA
98902
(509) 453-8150
ralghcall@,charter.net
Sprint
T -Mobile
Stephen Meadows
Don Blenker
10545 Willows Rd NE
Redmond
WA
98052
(425) 278-7446
(509) 230-0010
stephen@guantumcontractinL-nw.com
Don.blenker t-mobile.corn
Dblenke59 ail.com
AT&T
= Ken Lyons
(206) 227-0020
ken.l ons a irelesscounsel.corn
AT&T
Carol Ta a
1?
(425) 580-4694
Ct1417 att.com
Barge -Chestnut
Walt Rants
_
(509) 452-6897
teachemqp@charter.net
T -Mobile
Maria Emig
Mana.emi t-mobile.com
T -Mobile
Rod DeLaRosa
Rod.delarosal@L-mobile.com
Geo -Marine, Inc.
Nancy Kenmotsu
nkenmotsu@geo-marine.com
Hathaway, Mark, &
Connors LLP
Michael Connors
520 SW Yamhill Street,
Ste#235
Portland
OR
97204
(503) 205-8401
. mikaconnorshkcllvxom
Leslie Wahl
2403 W. Yakima Ave
Yakima
WA
98902
(509) 452-9183
rel'wahl?imsn.cot
Page 1 of 1 Updated on 05/02/2013
Type of Notice:
File Number(s): _ �1 llm_ITITIT1
Date of Mailing: __....... I_ / j e,) /)3
In -House Distribution
E-mail List
Name
_.
Division
....................
E-mail Address
..... _..... ........... _... ................
Debbie Cook
.......
Engineering
.
Debbie,coo , ,,yakimawa.d.o
Dana Kallevig
...................
Engineering
_W
dana.kallevi. � akii-nawa. Dov
Dan Riddle
Engineering
......
daii.�riddleCalakitnaw,,i.gov
Mark KunklerITIT _ ......___._._
Legal Dept
MaLk.,.k inkjg ° �y kitj aWA.ggv
Jeff Cutter
Legal Dept _ _
...._..__ ..._. ..
ieff cutterreDvakiniawa. gov
._
Archie Matthews
ONDS
.... .
archie.matthews,@,t akimawa. gov
nai°k so tich akinlawa,
Mark Soptich
Fire Dept
..
Jerry Robertso n
Code Administrationel°r
__..
.robert oll akil awa. ogovv
Royale Schneider
Code Administration
ro ams hneider akimawa. t v
Glenn Denman
Code Administration
�lenn.deiirnan akimawa. mmov
.............-............._.........................�.._....�
Suzanne DeBusschere
Code Administration
_. ........_
Suzanne,debussel ere exp kinzawa. ov
_ .......
dave.browr akiiriawa. ov
Dave Brown
.....
Water/Irrigation
�_ m..................�...
Mike Shane
Water/I __..
rri ation
g
....._ __.__.
mike.sl�iai�e� akiil"iawa. ov
�....
Carolyn
y Belles
_.._.._._ ......
Wastewater
�m
cai�olyn bellgs ak inawa.gov
Shelley Willson
Wastewater
Shelle awidlson@kimawa, Dov
Scott Schafer
Public Works Dept
scott,schafer cad akiiiiar fa. ,ov
James Dean
..........
Utilities
James.cdcanQ). akimawa eov
James Scott
Refuse I ivisio n
.lames.scottcid aldlnawa. Dov
Kevin Futrell
Transit Division
_.M.
kevin,,futrcl�l���, akii���awa.aoy
___
Steve Osguthorpe
._._ .....
Community
_ _ .....
steve.os )i.ithoi e akima_ ov
Development
For the Record/File
.........................
._........... _
Binder Copy
Revised 07/2013
Type of Notice:
File Number(s): _ �1 llm_ITITIT1
Date of Mailing: __....... I_ / j e,) /)3
Ibarra, Rosalinda
prom: Ibarra, Rosalinda
Sent: Friday, July 19, 2013 3:00 PM
To: 'ct1417@att.com'; 'mikeconnors@hkcllp.com'
Subject: FW: NOTICE OF DNS - Cell Tower Text Amendment - SEPA#011-13, TXT#002-13
Attachments: DNS - Cell Tower Text Amdnt - SEPA011-13 TXT002-13.pdf
I had entered your e-mail address incorrectly on the previous e-mail I sent (see below). Please reply to this message to
confirm receipt of this notice. Thank you!
Rosalinda Ibarra
Administrative Assistant
rosalinda.ibarra akimawa. *ov
(509) 575-6183
From: Ibarra, Rosalinda
Sent: Friday, July 19, 2013 2:56 PM
To: Ahtanum Irrigation District - Beth Ann Brulotte; Cascade Natural Gas - Jim Robinson; Department of Commerce
(CTED) - Review Team; Department of Ecology - SEPA Unit; Department of Fish and Wildlife - Eric Bartrand; Department
of Natural Resources - Linda Hazlett; Department of Social & Health Services - Andrew Jenkins; Department of Social &
Health Services - Jeanne Rodriguez; Dept Archaeology & Historic Preservation - Greg Griffith; Dept Archaeology & Historic
Preservation - Gretchen Kaehler; Desgrosellier, Bob; Energy Facility Site Evaluation Council - Stephen Posner; Ibarra,
Rosalinda; Kallevig, Dana; Nob Hill Water - Eric Rhoads; Office of Rural & Farmworker Housing - Marty Miller; Riddle,
Dan; US Army Corps of Engineers - Karen M. Urelius; Wastewater Division - Scott Schafer; West Valley School District -
Angela Watts; WSDOT - Paul Gonseth; WSDOT - Rick Holmstrom; Yakama Bureau of Indian Affairs - Bud Robbins;
''akama Bureau of Indian Affairs - Rocco Clark; Yakama Bureau of Indian Affairs - Steve Wangemann; Yakama Nation
.nvironmental Mgmt Program - Kristina Proszek; Yakama-Klickitat Fisheries - John Marvin; Yakima Air Terminal - Aiport
Manager; Yakima County Commissioners; Yakima County Health District; Yakima County Planning Director - Steven
Erickson; Yakima County Public Services Director, Vern Redifer; Yakima Greenway Foundation - Al Brown; Yakima Health
District - Gordon Kelly; Yakima Regional Clean Air Agency - Hasan Tahat; Yakima Valley Conference of Governments -
Shawn Conrad; Yakima Valley Museum - John A. Baule; Belles, Carolyn; Brown, David; Cook, Debbie; Cutter, Jeff; Dean,
James; DeBusschere, Suzanne; Denman, Glenn; Futrell, Kevin; Kunkler, Mark; Matthews, Archie; Osguthorpe, Steve;
Robertson, Jerry; Schafer, Scott; Schneider, Royale; Scott, James; Shane, Mike; Soptich, Mark; Willson, Shelley
Cc: 'rmichaelis@prolandllc.com'; 'Ralph Call'; 'stephen@quantumcontractingnw.com'; 'Don.blenker@t-mobile.com';
'Dblenke59@gmail.com';'ken.lyons@wirelesscounsel.com'; 'ct1417@att.com'; 'teachemup@charter. net'; 'Maria.emig@t-
mobile.com'; 'Rod.delarosal@t-mobile.com'; 'nken motsu@geo-marine.com'; 'mikeconnors@hkclip.com';
'reljwahl@msn.com'; Al Rose; Alfred A. Rose (silvrfx40@bmi.net); Benjamin W. Shoval (ben.shoval@shoval.com); Dave
Fonfara; Ensey, Rick; Paul Stelzer; Ron Anderson (rondedicatedrealty@hotmail.com); Scott Clark
(scott.clark@charter. net); William Cook (cook.w@charter.net)
Subject: NOTICE OF DNS - Cell Tower Text Amendment - SEPA#011-13, TXT#002-13
Rosalinda Ibarra
Community Development Administrative Assistant
ros alinda.ibarra ), •akirnawa. (,)v
City of Yakima I Planning Division,
129 North 2nd Street, Yakima WA 98901
p: (509) 575-6183 * f. (509) 575-6105
CITY OF YAKIMA
DETERMINATION OF NON -SIGNIFICANCE
NOTICE OF RETENTION
July 19, 2013
SEPA File No. 011-13
The City of Yakima Department of Community and Economic Development issued a:
[X] Determination of Nonsignificance (DNS),
( ] Mitigated Determination of Nonsignificance (MDNS),
[ ] Modified DNS/MDNS,
on June 27, 2013 for this proposal under the State Environmental Policy Act (SEPA) and
WAC 197-11-340(2). This retention concerns an amendment to the City of Yakima's
Urban Area Zoning Ordinance adding a new Chapter 15.29 which regulates the location
and placement of Wireless Communication Facilities.
This threshold determination is hereby:
[X] Retained
[ ] Modified. Modifications to this threshold determination include the following:
[ ] Withdrawn. This threshold determination has been withdrawn due to the following:
[ ] Delayed. A final threshold determination has been delayed due to the following:
Summary of Comments and Responses (if applicable): N/A
Responsible official: Steve Osguthorpe, AICP
Position/Title: Community Development DirectorlSEPA Res onslble OfficiaN
Phone: J509) 575-5183
Address: 129 N 2nd Street Yakima WA 98901
Date: July 19, 2013 Sig,nature,_.
You may appeal this determination to Steve Osguthorpe„ City of Yakima Community
Development Director, at 129 N 2nd St., Yakima, WA 98901, no later than August 2,
2013. You must submit a completed appeal application form with the $580 application
fee. Be prepared to make specific factual objections. Contact the City of Yakima,
Planning Division, for information on appeal procedures.
DOC.
INDEX
STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
1041 Plum Street SE • PO Box 42325 , Olympia, Washingron 98504-2525 . (360) 725.4000
www.commerice.wa.gov
July 1, 2013
Jeff Peters
Associate Planner
City of Yakima
129 North 2nd Street
Yakima, Washington 98901
Dear Mr. Peters:
Thank you for sending the Washington State Department of Commerce (Commerce) the following materials as
required under RCW 36.70A.106. Please keep this letter as documentation that you have met this procedural
requirement.
City of Yakima - Proposed amendment to the urban area zoning ordinance adding a new Chapter 15.29
Wireless Communication Facilities. These materials were received on June 27, 2013 and processed
with the Material ID # 19293.
We have forwarded a copy of this notice to other state agencies.
If this submitted material is an adopted amendment, then please keep this letter as documentation that you
have met the procedural requirement under RCW 36.70A.106.
If you have submitted this material as a draft amendment, then final adoption may occur no earlier than sixty
days following the date of receipt by Commerce. Please remember to submit the final adopted amendment
to Commerce within ten days of adoption.
If you have any questions, please contact Growth Management Services at
reviewteam@commerce.wa.gov, or call Dave Andersen (509) 434-4491 or Paul Johnson (360) 725-3048,
Sincerely,
Review Team
Growth Management Services
AFFIDAVIT OF MAILING
STATE OF WASHINGTON
CITY OF YAKIMA
RE: SEPA#011-13, TXT#002-13
Ci Planning Division - Cell Tower Text Amendment
Citv wide
I, Rosalinda Ibarra, as an employee of the City of Yakima Planning Division,
have dispatched through the United States Mails, a Notice of Application,
Environmental Review, and Yakima Planning Commission Public Hearing. A
true and correct copy of which is enclosed herewith; that said notice was
addressed to the applicant; and SEPA reviewing agencies. That said are
individually listed on the mailing list retained by the Planning Division, and that
said notices were mailed by me on the 27h day of Tune, 2013.
That I mailed said notices in the manner herein set forth and that all of the
statements made herein are just and true.
R° salinda Ibarra
Community Development
Administrative Assistant
DOC.
IN'DEX
Ahtanum. Irrigation District �ascade Natural Gas Department of Commerce
tietn Ann tSrulotte tSxecutive Assistant
Jim Kobinson dela tacintator
l7rowtti Management Jervlces
dYf_J kq?fmtjdlla:MnuIII 17 �.
l�lptl �"ao�fiVnwti'pYY4�C 411E G'., Y')Y:p."t
G%,'titC i4 Ca tlq;1i(a6f7Ei,Y8YiRiC,d",k 1.9 _v
L fitment of Ecology
Department of Fish and Wildlife
Department of Natural Resources
Annie Szvetecz SEPA Policy Lead
Eric Bartrand
Linda Hazlett Assistant Land Manager
wa p or Yr�Yd rr a y. r Y.g x
JEiie Bart ran wa.gov
9..,gntlx .q� �zNr li r cEYtY t� «r gcat
Department of Social & Health Services
Dept of Archaeology & Historic
Dept of Archaeology & Historic
Andrew Jenkins
Preservation
Preservation
�1�Yiltla �^ JcgisrYta fgY��tlye
Greg Griffith Deputy State Historic
Gretchen Kaehler Local Government
Jeanne Rodriguez
Preservation Officer
Archaeologist
Jet'InYYi libtd;Ytl "�$w ti 'itl, d 1
("Ire XEiffit1Y f tl tllkl tl_L?t1ti+
.pY"4dC11Cp_7.._ cA4"�il `p i+i] tll1]:5:_.V
Energy Facility Site Evaluation Council -
Engineering Division
Nob Hill Water Association
EFSEC
Doug Mayo City Engineer
Eric Rhoads
Ofcer
S�±lt�ei�hYienH�
k
el'i der Yio1 1;YYdgwr�KY� ,cfl
aPosner
.'+�iSEPA
DanaKallevig
Office of Rural and Farm Worker Housing
U.S. Army Corps of Engineers, Regulatory
Wastewater Division
Marty Miller
Branch
Scott Schafer Wastewater Manager
ivlrtlat �'wY lli aagg
Karen Urelius Project Manager
sscIla Y4c,s,@99;BiYc1 !sY YY
West Valley School District
WSDOT
WSDOT
fa Watts Asst. Supt. Of Business &
Paul Gonseth Planning Engineer
Rick Holmstrom Development Services
Gp-rations
LIYGI cIJ� m y clr A yrs
B ;P.gYtlpt cY�y &t xA i gy
Yakama Bureau of Indian Affairs
Yakama Bureau of Indian Affairs
Yakama Bureau of Indian Affairs
Bud Robbins Superintendent
Steve Wangernann Deputy Superintendent
Rocco Clark Environmental Coordinator
1�Lid_ Yt�]Ybill_��(i,g7Y i..+:xc)_v_
for Trust Services
Roccoc EKeok rrrq�
Steve.wane>Iann..i Uia,ov
Yakama Nation Environmental Management
Yakama-Klickitat Fisheries Project
Yakima Air Terminal
Program
John Marvin
Carl Remmel Airport Asst Manager
Kristina Proszek Environmental Review
JrYY YB iY t4! _il{gl_YY1 Y ca�l�lY
("iwY k reni aY mil r �lr tl11lay irlenIli na Lcook]
Coordinator
ttlV1!IYCYBCImIC"w"V���� k�4iCY11.&vti'bn➢i
Yakima County Commissioners
Yakima County Health District
Yakima County Public Services
_ my@i co.yakjnla.wa.us
Con1111issloners.� eb c _
�.
y�Y ltic°mtl�,ynlmYiaa YJTi YiS
Steven Erickson Planning Director
Yakima County Public Services
Yakima Greenway FoundationYakima
�1
Health District
Vern Redifer Public Services Director
redilk_a�d �c 7, iY VYiia i4_al as
Al Brown Executive Director
Gordon Kelly Director of Environmental
Health
i adoYY 1c Ilytrr,c imy YkY.....—,
Yakima Regional Clean Air Agency
Yakima Valley Conference of Governments
Yakima Valley Museum
Hasan Tahat Engineering & Planning
Shawn Conrad Planner
John A. Baule Director
Supervisor
wwcrn a7Cdwlrl2 uc« ..aap:g
D1;1,1,x1 "...w,aN wYY 111 e -at tn aat°g
lkatitlaYY Cdt�r Y_d::;�l "aY.<irg
Manager
C Kevin Chilcote
Century Link
Chamber Commerce
Charter Communications
8 South 2nd Ave, Rin#304
10 North 9t h Street
t
1005 North 16th Ave
Yakima, WA 98902
Yakima, WA 98901
Yakima, WA 98902
David Spurlock
Kelly McLain
Gwen Clear
City of Union Gap
Department of Agriculture
Department of Ecology
P.O. Box 3008
P.O. Box 42560
15 West Yakima Ave, Ste# 200
Union Gap, WA 98903
Olympia, WA 98504
Yakima, WA 98902
Mark Teske
Environmental Protection Agency
Federal Aviation Administration
Department of Fish & Wildlife
1200 6th Ave. MS 623
2200 W. Washington Ave
201 North Pearl
Seattle, WA 98101
Yakima, WA 98903
Ellensburg, WA 98926
Cayla Morgan
Federal Aviation Administration
Governor's Office of Indian Affairs
Mike Paulson
Airports District Office
PO Box 40909
Pacific Power
1601 Lind Ave SW
Olympia, WA 98504
500 North Keys Rd
Renton, WA 98055-4056
Yakima, WA 98901
Ray Wondercheck
Paul Edmondson
Jeff McKee
Soil Conservation District
Trolleys
United States Postal Service
1606 Perry Street, Ste. F
313 North 3rd Street
205 W Washington Ave
Yakima, WA 98902
Yakima, WA 98901
Yakima, WA 98903
WA State Attorney General's Office
Christine CollinsWA
Robert Hodgman
1433 Lakeside Court, Ste# 102
State Dept of Health Office of
WSDOT, Aviation Division
Yakima' WA 98902
Drinking Water
818 79th Avenue Ste B
16201 E hldiana Ave, Ste# 1500
Tumwater, WA 98504-7335
Spokane Valley, WA 99216
Johnson Meninick
Ruth Jim
Elaine Beraza
Yakama Indian Nation
Yakama Indian Nation
Yakima School District
P.O. Box 151
P.O. Box 151
104 North 4th Ave
Toppenish, WA 98948
Toppenish, WA 98948
Yakima, WA 98902
Robert Smoot
Scott Robertson
Yakima-Tieton Irrigation District
Yakima Valley Canal Co
Yakima Waste Systems
Sandra Hull
1640 Garretson Lane
2812 Terrace Heights Dr
470 Camp 4 Rd
Yakima, WA 98908
Yakima, WA 98901
Yakima, WA 98908
SEPA REVIEWING AGENCIES Fonn List _updated 03.13.2013
Type of Notice: . " 41g,
File Number: " Ail, I pp
Date of Mailing:
INDEX
°r
Interested Parties - C "ower Moratorium
Verizon Wireless
Rod Michaelis
1411 E Pinecrest Rd Spokane WA 99203
rmichaelis@prolandllc.com
Barge -Chestnut
Ralph Call
2608 W Chestnut Ave Yakima WA 98902 (509) 453-8150
ralphcall@charter.net
Sprint
Stephen Meadows
10545 Willows Rd NE Redmond WA 98052 (425) 278-7446
ste hen uantumcontractin nw.com
T -Mobile
Don Blenker
(509) 230-0010
Don.blenkerna t-mobile.com
Dblenke59 mail.com
AT&T
_
Ken Lyons
(206) 227-0020
' ken. lyons@wirelesscounsel.com
Barge -Chestnut
Walt Ranta
(509) 452-6897
teachemLip@charter.net
T -Mobile
Maria Emi
[
Maria.emi t-mobile.com
T -Mobile
Rod DeLaRosa
Rod.delarosal@t-mobile.com
Geo -Marine, Inc.
Nancy Kenmotsu
nkenmotsu eo-marine.com
l
Page 1 of 1 Updated on 05/02/2013
YPC Members - . I Tower Text Amendment - TXT#OL 3, SEPA#011-13
Scott Clark Dave Fonfara Benjamin W. Shoval
7506 Barge Court 8708 Cameo Court 123 East Yakima Avenue,
Yakima, WA 98908 Yakima, WA 98903 Ste#210
Yakima, WA 98901
Alfred A. Rose
1006 Westbrook Place
Yakima, WA 98908
Ron Anderson
103 S 3rd St Ste#203
Yakima, WA 98902
Paul Stelzer
6402 Scenic Drive
Yakima, WA 98908
William Cook
7701 Graystone Court
Yakima, WA 98908
Type of Notice. ., I
File Number: SCP�° _.... ._� . �w 1 3
Date of Mailing: 3
In -House Distribution E-mail List
Name
Division
E-mail Address
Dana Kallevig
Engineering
dana.kal-levi gCci, aki.mawa. Dov
yakaawa.
daaaa .mayoCm
Doug Mayo _
Engineering
Dan Riddle
............
Engineering
:.........
dan.riddle� akanawa. ov
Jeff Cutter
Legal Dept
Teff cutter a kimaw .gov
Archie Matthews
ONDS
archie.matthews@yakimaLvoLv
mark.sotic @yakimawa.,,ov
Mark Soptich
Fire Dept
"era°robertson@akirgaw Dov
Jerry Robertson
Code Administration
royaleschneider@vakimawagov
........
Royale Schneider
Code Administration
Glenn Denman
Code Administration
Tenn cl raman(a),yakimawa
Nathan Thompson
Code Administration
nathan.thom son yal irnawa.
davc.brownf7 akimawa. `�ov
Dave Brown
_ ...........................
Water/Irrigation
__._._
----------
m ke.sh, ne taktaxaawa rev
. .........�.....
Mike Shane
Mike
Water/Irrigation
Carolyn Belles
Wastewater
carol n.belles akimawa. ov
.........
scott.schal°er akinawa° ov
.
Scott Schafer
. _ ........ .........
Wastewater
jwne�n@yakimawa_
James Dean
Refuse Division
.....__M
Kevin Futrell
.....
Transit Division
__.._._
kevin.faatrell @bvakimawa.gov
Steve Osguthorpe
Community Development
steve.os',rGthol°p�'a yakirnawa.gov
For the Record/File
.......... __.......
Binder Copy
.�... ......._......................................
Revised 04/2013
Type of Notice:
µ�
File Number(s):_.�0 %3
Date of Mailing:
Ibarra, Rosalinda
From:
Ibarra, Rosalinda
Sent:
Thursday, June 27, 2013 3:18 PM
To:
Ahtanum Irrigation District - Beth Ann Brulotte; Cascade Natural Gas - Jim Robinson;
Department of Commerce (CTED) - Review Team; Department of Ecology - SEPA Unit;
Department of Fish and Wildlife - Eric Bartrand; Department of Natural Resources - Linda
Hazlett; Department of Social & Health Services - Andrew Jenkins; Department of Social &
Health Services - Jeanne Rodriguez; Dept Archaeology & Historic Preservation - Greg Griffith;
Dept Archaeology & Historic Preservation - Gretchen Kaehler; Energy Facility Site Evaluation
Council - Stephen Posner; Ibarra, Rosalinda; Kallevig, Dana; Mayo, Doug; Nob Hill Water -
Eric Rhoads; Office of Rural & Farmworker Housing - Marty Miller; Riddle, Dan; US Army
Corps of Engineers - Karen M. Urelius; Schafer, Scott; West Valley School District - Angela
Watts; WSDOT - Paul Gonseth; WSDOT - Rick Holmstrom; Yakama Bureau of Indian Affairs
- Bud Robbins; Yakama Bureau of Indian Affairs - Rocco Clark; Yakama Bureau of Indian
Affairs - Steve Wangemann; Yakama Nation Environmental Mgmt Program - Kristina Proszek;
Yakama-Klickitat Fisheries - John Marvin; Remmel, Lee; Yakima County Commissioners;
Yakima County Health District; Yakima County Planning Director - Steven Erickson; Yakima
County Public Services Director, Vern Redifer; Yakima Greenway Foundation - Al Brown;
Yakima Health District - Gordon Kelly; Yakima Regional Clean Air Agency - Hasan Tahat;
Yakima Valley Conference of Governments - Shawn Conrad; Yakima Valley Museum - John
A. Baule; Al Rose; Alfred A. Rose (silvrfx40@bmi.net); Benjamin W. Shoval
(ben.shoval@shoval.com); Dave Fonfara; Ensey, Rick; Kunkler, Mark; Paul Stelzer; Ron
Anderson (rondedicatedrealty@hotmail.com); Scott Clark (scott.clark@charter. net); William
Cook (cook.w@charter. net); Belles, Carolyn; Brown, David; Cutter, Jeff; Denman, Glenn;
Futrell, Kevin; Matthews, Archie; Osguthorpe, Steve; Robertson, Jerry; Schafer, Scott;
Schneider, Royale; Scott, James; Shane, Mike; Soptich, Mark; Thompson, Nathan
Cc:
'rmichaelis@prolandllc.com'; 'Ralph Call';'stephen@quantumcontractingnw.com';
'Don.blenker@t-mobile.com'; 'Dblenke59@gmail. com';'ken.lyons@wirelesscounsel.com';
'teachemup@charter.net'; 'Maria.emig@t-mobile.com'; 'Rod.delarosal @t-mobile.com';
'nken motsu@geo-marine.com'
Subject:
NOTICE OF APPLICATION, SEPA, AND YPC PUBLIC HEARING - Cell Tower Text
Amendment - SEPA#011-13, TXT#002-13
Attachments:
NTC OF APP, SEPA, YPC HEARING - Cell Tower Text Arndt - SEPA011-13 TXT002-13.pdf
Rosalinda Ibarra
Community Development Administrative Assistant
i•osalir►da.ibarra(a) akirnawa. ov
City of "Yakima I Planning Division
129 North 2nd Street, Yakima WA 98901
p: (509) 575-6183 * f: (509) 575-6105
DOC.
INDEX
Peters Jeff
To: reviewteam@commerce.wa.gov
Subject: City of Yakima 60 -day Adoption Notice for Cell Tower Oridinance
Attachments: City of Yakima Cell Tower GMS-Plan-Dev-Reg-Review-Commerce-Notice-60- Day. doc;
Ordinance DRAFT CELL TOWERS April 4 2013 (2).docx
To whom it may concern,
The City of Yakima is in the process of adding a new Chapter 15.29 Wireless Communication Facilities to its Urban Area
Zoning Ordinance. The new chapter proposes language to: 1) Enhance the ability of personal wireless service providers
to provide such services throughout the city quickly, effectively, and efficiently; 2) Encourage personal wireless service
providers to locate towers and antenna in nonresidential areas; 3) Encourage personal wireless service providers to co -
locate on new and existing tower sites; 4) Encourage personal wireless service providers to locate towers and antennas,
to the extent possible, in areas where the adverse impact on city residents is minimal; 5) Encourage personal wireless
service providers to configure towers and antennas in a way that minimizes any significant adverse visual impact; and 6)
Provide for the wireless communications needs of governmental entities.
In accordance with the requirements of the state department of Commerce the City of Yakima is transmitting the
required 60 -day Notice of Intent to Adopt and accompany ordinance on this day June 27, 2013. Should you or any of
your staff have questions about the attached documents, please feel free to contact me Jeff Peters at (509) 575-6163.
Sincerely,
Jeff Peters
Associate Planner
City of Yakima
DOC.
INDEX
YA HE
PUBLIC
A dally part of your Ilfe,a ,, yaklma-herald.com
""I'�,wi w'
This is the proof of your ad scheduled to run on the dates indicated below.
Please proof read notice carefully to check spelling and run dates,
if you need to make changes
Account #: 110358
Company Name: CITY OF YAKIMA/YAKIMA PLANNING
Contact: ROSALINDA IBARRA
Address: DEPT OF COMM/ECON DEVELOPEMENT
129 N 2ND STREET
YAKIMA, WA 98901-2720
Telephone: (509) 575-6164
Account Rep:
Simon Sizer
Phone #
(509) 577-7740
Email:
ssizer@yakimaherald.com
Ad ID:
336587
Start:
06/27/13
Stop:
06/27/13
Total Cost:
$246.75
Agate Lines:
244
# of Inserts:
1
Ad Class:
6021
Herald -Republic 06/27/13
DOC.
INDEX
Ibarra, Rosalinda
-rom: ssizer@yakimaherald.com
Sent: Wednesday, June 26, 2013 3:51 PM
To: Ibarra, Rosalinda
Subject: Ad: 336587, CITY OF YAKIMA NOTICE OF APPLICATION
Attachments: IBARRA- 5w335587-1 Pdf
CITY OF YAKIMA NOTICE OF APPLICATION,
NOTICE, OF PUBLIC HEARING AND
Here's the revised CO DETERMINATION OF NON -SIGNIFICANCE
Py • DATE. July 2y, 2613; TO:. $EPA reviewing Agencies,
and Interested Parlies: FROM: Steve OS harps,
City of Yakima Community Development tvfanager
SUBJECT: Notice of Application, Public Hearin
and Determination of Non-Sinificance;
QF__MP_UQATJQXtocation, Citryuses:
Project Applicant: City olYakitnm, Planning D vision,
File Numbers., SEPA #611.13: Date of AP tcatio�n;
June 24, 2013. Date of Datarminatlan of 8ommiate-
neea:June 26, 2013; �QJRCT.if.a�_LQN; The
City of Yakinna Planning Department is proposing an
amendment to the Chty of Yakpmia's Urban Area Zon-
Ing Ordinance adding a new Chapter '15,29 Wireless
Commlumicatnon Facilities.. The new chapter proposes
language lar: 1) nhanca the ability of psrsonat wnre-
lctsa service providers to provide such services
throughout the city quickly, eflectively, and efficiently;
2) Encourage personal wireless sofvice providers to
iocala towers anis antenna in nonresidential areas, 3),
Encourage personal wireless service providers to co
locate on new and exisling tower sites; 4) Encourage
personal wireless service providers to locate lowers -
and amonnas, to the extent possible„ in areas where
the adverse impact on oily residents is minimalR 5)
Encourage personal wipaless servile providers to
configure towers and antennas fin a way that minimizes
any srgnif cant adverse visual impact, and 6) provide
for the wireless communloahona meads of govern -
mantel entities, The draft ordinance provides for a
hierarchy of proterred locations, site design, height
restrictions„ proximity limitations from wssidentiaf arid
historic dishicts, and aestfhatie, criteria which apply to
new wireless facilities prior to ID6109 in a raslden-
tial zone, lot historic district, The proposed ordinance
allows wireless oommunicafton lowers in all city zon•
Ing districts, however siting criteria and otherdewalop-
rronent standards apply to residentially 'zoned property,
and historic distrIote (See Environmental Checklist
SEPAat611.13 for further description and explanation
online at: htlf)zl/gls.yakdmawa.govlpostcardwizaid/
index html , or thltp./iwww yakimawi .gov/serviced
panning(Quick Llrnksl:�L "Qq q�� ��t
Time City of Yaklma has reviewed the propoeod pro act
for probable adverse environmental Impacts, and as
determined that It noes not have a provable significant
adverse impact on the enwitonntent, art envlronmeh.
tat impact stalennonf (EIS) is not fecruired under RCW
4121CX36 (2) (c),'The informanort roiled upon In,
reaching this deterrninattoh is available to the public'
upon request at the City of Yakima Plannlngp Division.
(,) This DNS is Issued under Vill g 1t9 11.340(2),
the lead agency will not act on this proposal for 26
clays from the trate below,
tribes, and the public are encouraged to raview and
uarrannerat ort rise proposed appiloatlon, Alp writers com-
mentk received by July 17„ 2013 wilt be considered
prior issuance of the final threshold determination.
Please send Written corrnowntsto� SteveOsguthorpe,
Community Development Manageri City of Yakima,
Department of CommunityDevelopment; 129 North
2nd Street, Yakima Washington 98901;NQJJ.QE.Qf
01jM-ft DocisInns and future n"bolices wilt be sent
to anyone who sutltlnits corrnmvanls on this application
or ro uesp additional notice, The Ntle containing the
comp Old application is avaliabfa for public review at
the City of Yakima Planning Division; 2nd floor Cit
Malt„ IPS North 2nd Streets-Yakirna, Washington,
you have any gafestlon on this proposal, please call
9eff Peters, Associate Planner ai (509) 575.6l163 or
e-mail at otf.pelers vakimawa.00v, NOTICE OF
pubic hearings„ one closed recoidhearing before the
Cify of Yakima Planning Cto be followed
onnmissiasri
by an open record public hearing before the Yakima
City Courncll. The public hearing before the City of
Yakirda Planning Commission has been scheduled for
August, 7, 2613 beginninst 2;04 phi, pn fhe Councit
Chambers, City Hail, I29 Mod Street, Yakima, WA,
Any person desiring to express their views urn this mat-
ter is innviled to attend the public hearing or to submit
their wrilien comments iu, Citi of Yakrriha, Planning
®®Cm
Division, 129 N 2dd $I,, Yakima, WA 98N f, A cepa-
rate public notice with be provided lot the public
hearing before the Yakima City Council, -
iN� ,
(336587) June 27, 2013
,// n
Ibarra, Rosalinda
From:
Ibarra, Rosalinda
Sent:
Thursday, June 27, 2013 3:25 PM
To:
Brown, Michael; Crockett, Ken; Daily Sun News - Bob Story; Ibarra, Rosalinda; KAPP TV
News; KBBO-KRSE Radio - manager; KCJT TV News; KDNA Radio; KEPR TV News; KIMA
TV - Jim Niedelman; KIMA TV News; KIT/KATS/DMVW/KFFM - Lance Tormey; KNDO TV -
Julie Stern; KNDO TV News; KUNS-TV Univision; KVEW TV News; Lozano, Bonnie; NWCN
News; NWPR - Anna King; Randy Luvaas - Yakima Business Times; Tu Decides - Albert
Torres; UNIVISION TV - Marta Isabel Sanchez; Yakima Herald Republic - Adriana Janovich;
Yakima Herald Republic - Chris Bristol; Yakima Herald Republic - Craig Troianello; Yakima
Herald Republic - Erin Snelgrove; Yakima Herald Republic - Mai Hoang; Yakima Herald
Republic -Mark Morey; Yakima Herald Republic Newspaper; Yakima Valley Business Times;
Yakima Valley Business Times - George Finch; Beehler, Randy
Cc:
Peters, Jeff
Subject:
FW: NOTICE OF APPLICATION, SEPA, AND YPC PUBLIC HEARING - Cell Tower Text
Amendment - SEPA#011-13, TXT#002-13
Attachments:
NTC OF APP, SEPA, YPC HEARING - Cell Tower Text Arndt - SEPA011-13 TXT002-13.pdf
Rosalinda Ibarra
Community Development Administrative Assistant
i°o.saliiida.ibarra akitnawn..iov
City of Yakima Planning Division
129 North 2nd Street, Yakima WA 98901
p: (509) 575-6183 * f: (509) 575-6105
CITY OF YAKIMA
NOTICE OF APPLICATION, NOTICE OF PUBLIC HEARING AND DETERMINATION
OF NON -SIGNIFICANCE
DATE: June 27, 2013
TO: SEPA Reviewing Agencies, and Interested Parties
FROM: Steve Osguthorpe, Community Development Manager
SUBJECT: Notice of Application, Public Hearing and Determination of Non -
Significance
NOTICE OF APPLICATION
Project Location: Citywide.
Project Applicant: City of Yakima, Planning Division
File Numbers: SEPA #011-13
Date of Application: June 24, 2013
Date of Determination of Completeness: June 25, 2013
PROJECT DESCRIPTION
The City of Yakima Planning Department is proposing an amendment to the City of
Yakima's Urban Area Zoning Ordinance adding a new Chapter 15.29 Wireless
Communication Facilities. The new chapter proposes language to:
1. Enhance the ability of personal wireless service providers to provide such services
throughout the city quickly, effectively, and efficiently;
2. Encourage personal wireless service providers to locate towers and antenna in
nonresidential areas;
3. Encourage personal wireless service providers to co -locate on new and existing
tower sites;
4. Encourage personal wireless service providers to locate towers and antennas, to the
extent possible, in areas where the adverse impact on city residents is minimal;
5. Encourage personal wireless service providers to configure towers and antennas in a
way that minimizes any significant adverse visual impact; and
6. Provide for the wireless communications needs of governmental entities,
DOC.
INDEX
The draft ordinance provides for a hierarchy of preferred locations, site design, height
restrictions, proximity limitations from residential and historic districts, and aesthetic
criteria which apply to new wireless facilities prior to locating in a residential zone, or
historic district. The proposed ordinance allows wireless communication towers in all
city zoning districts, however siting criteria and other development standards apply to
residentially zoned property, and historic districts (See Environmental Checklist
SEPA#011-13 for further description and explanation online at:
htt ://www, akimawa. ov/services/ lannin / ostcard, or
htt ://wwwu akimawa, ov/services/ lannin (Quick Links)
ENVIRONMENTAL REVIEW
The City of Yakima has reviewed the proposed project for probable adverse
environmental impacts, and has determined that it does not have a probable significant
adverse impact on the environment. An environmental impact statement (EIS) is not
required under RCW 43.21 C.03 (2) (c). The information relied upon in reaching this
determination is available to the public upon request at the City of Yakima Planning
Division.
W This DNS is issued under WAC § 197-11-340(2); the lead agency will not act on this
proposal for 20 days from the date below.
Responsible Official: Steve Osguthorpe, AICP
Position/Title: SEPA Responsible Official
Phone: 509 575-6163
Address: 129 N. 2Ild Street, Yakima„ WA 98901'
Date: June 27, 2013 Signature ,
REQUEST FOR WRITTEN COMMENTS: Agencies, tribes, and the public are
encouraged to review and comment on the proposed application. All written comments
received by July 17, 2013, will be considered prior issuance of the final threshold
determination. Please send written comments to: Steve Osguthorpe, Community
Development Manager; City of Yakima, Department of Community Development; 129
North 2nd Street, Yakima, Washington 98901.
The following conditions have been identified that may be used to mitigate the adverse
environmental impacts of the proposal: No impacts identified.
Required Permits — None.
Required Studies — None.
Existing Environmental Documents: SEPA/GMA Integrated Environmental Summary.
Preliminary determination of the development regulations that will be used for
project mitigation and consistency: N/A
NOTICE OF DECISION
Decisions and future notices will be sent to anyone who submits comments on this
application or request additional notice. The file containing the complete application is
available for public review at the City of Yakima Planning Division, 2nd floor City Hall,
129 North 2nd Street, Yakima, Washington. If you have any question on this proposal,
please call Jeff Peters, Associate Planner at (509) 575-6163 or e-mail at
.eff, eters akimawa. ov.
D • C.
INDiEX
NOTICE ail= PUBLIC HEARING This application will require two public hearings; one
closed record hearing before the City of Yakima Planning Commission to be followed by
an open record public hearing before the Yakima City Council. The public hearing
before the City of Yakima Planning Commission has been scheduled for August 7,
2013, beginning at 2:00 pm, in the Council Chambers, City Hall, 129 N 2nd Street,
Yakima, WA. Any person desiring to express their views on this matter is invited to
attend the public hearing or to submit their written comments to: City of Yakima,
Planning Division, 129 N 2nd St., Yakima, WA 98901. A separate public notice will
be provided for the public hearing before the Yakima City Council.
DOC.
INDEX
# —
Y �ZONING TEXT AMENDMENT —
CHAPTER 15.29 WIRELESS COMMUNICATION FACILITIES
TXT#002-13, SEPA#011-13
'HIPIT LIST
CHAPTER E
SEPA Checklist
LAND USE APPLICATION
CITY OF YAKIMA, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
129 NORTH SECOND STREET, 2ND FLOOR, YAKIMA, WA 98901
VOICE: (509) 575-6183 FAX: (509) 575-6105
INSTRUCTIONS —PLEASE READ FIRST Please jyge or print Zour answers clear]
Answer all questions completely. If you have any questions about this form or the application process, please ask a Planner. Remember
to bring all necessary attachments and the required filing fee when the application is submitted. The Planning Division cannot accept an
application unless it is complete and the filing fee paid. Filing fees are not refundable.
This application consists of four parts. PART I - GENERAL INFORMATION AND PART IV — CERTIFICATION are on this page.
PART 11 and III contain additional information s ecific to your proRosal and MUST be attached to this pUe to complete thea lication,
PART I — GENERAL INFORMATION
1. Applicant's Name, Address, Name City of Yakima Planning Department
AndPhone Number �w ..._..................................................................._..........................�
Street 129 North Second Street
City Ya..... kima KWA 1Zi 9890] - Phone......... ) ..... _
[6]
P509 575 6183Applicant's Property ]nter ickest O ® Owner Purrt Agent ❑ chaser Other: Local Government
3. Property Owner's Name, Name
Address, And Phone Number--------------------_........... ....... _ ....
(If Other Than Applicant) Street
Str --. nnnW.,. Phone �..
4. Sub••ect Property's Assessor's Parcel Number(s): Parcels within the boundaries of the City of Yakima city � i6mwo
n—__ _ w
S. Property Address: N/A 2 4
JUN ..........
6. Legal Description of Property. (if lengthy, please attach it on n a separate document) N/A
....... CM DF--YAXIM r-..
SR ® R-1 ® R-2
R-3 ®B-1 2�B-2 ®HB ®SCC ®LCC ®CBD ® GC ®AS ®lC') M-1 M-2
8 Type Of Application: (Check All T pp
Administrative Adjustment ® Environmental Checklist (SEPA) ❑ Easement Release
rl Type (2) Review ❑ Right -of -Way Vacation ❑ Rezone
❑ Type (3) Review ❑ Transportation Concurrency ❑ Shoreline
Short Plat ❑ Non -Conforming Structure/Use ❑ Critical Areas
Ej Long Plat ❑ Type 3 Modification ❑ Variance
❑ Admin. Modification ❑ Interpretation by Hearing Examiner ❑ Amended Plat
[I Appeal ❑ Temporary Use Permit ❑ Binding Site Plan
❑ Home Occupation ❑ Comp Plan Amendment ❑ Planned Development
El Short Plat Exemption: ® Other:o inge(, r(;hnince Amendment.
PART II — SUPPLEMENTAL APPLICATION, PART III — REQUIRED ATTACHMENTS, PART IV — NARRATIVE
9. SEE ATTACHED SHEETS
PART V —CERTIFICATION
10. I certify that the inforniatimi on this application and the required attachments are true and correct to the best of my knowledge.
ply (;) �,RTV 61 '04 "sIi ' ' GNATURE.
DATE
FOR ADMINISTRATIVE USE ONLY Revised .12-08
Notes: FILE #
DATE FEE PAID RECEIVED BY
— Amount Receipt No. Hearing Date
.� ... .......� m—,.....� ._....._ .... _... -m. _.,.......
DOC.
INDEX
A
ENVIRONMENTAL CHECKLIST
STATE ENVIRONMENTAL POLICY ACT (SEPA)
(AS TAKEN FROM WAC 197-11-960)
YAKIMA MUNICIPAL CODE CHAPTER 6.88
The State Environmental Policy Act (SEPA), RCW Ch. 43.21C, requires all governmental agencies to consider the
environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared
for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist
is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts
from the 2rocosal, if it can be done) and to help the a Lenc decide whether an EIS is re uired.
INSTRVIC
MONS FORA,('
This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use
this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an
EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must
answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer
the questions fi•om your own observations or project plans without the need to hire experts. if you really do not know the
answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the
questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning,
shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies
can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time
or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental
effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional
information reasonabl R related to determining, if there may be significant adverse int �iact.
USE OF CHECKLIST FOR NONPROJECT PROPOSALS
Complete this checklist for non -project proposals, even though questions may be answered "does not apply." IN
ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D).
For non -project actions, the references in the checklist to the words "project," "applicant," and "property or site" should be
read as roposal, proposer, and affected aeoQra hoc area, respectively.
A. BACKGROUND INFORMATION (To be completed by`the applicant.);"
1. Name Of Proposed Project (If Applicable): City of Yakima Urban Area Zoning Ordinance Wireless Communication
2.Applicant s Name &Phone: City of Yakima Planning . RE -' .:
Amendment.
509-575-6183.
.
JUN 4
3. Applicant's Address: 129 North Second Street, Yakna, WA 98901. CITY �•� •.
OF YA IMA
PLANNING div.
4. Contact Person & Phone: Mark Kunkler (509) 575-3552, or Jeff _
f Peters at (509) 575-6163
��.., uu www_r_ .�............ e .....
5. Agency Requesting Checklist. City of Yakima
6. Date The Checklist ... ___ ..�..�.-- ..... ..... �...
Checklist Was Prepared. June 24, 2013,.
Or Schedule (including Phasing, �������
7. Proposed Timing•••• • g,
n If Applicable): N/A
8. Do you have any plans for future additions, expansion, or further activity related to"or connected with this
proposal? if yes, explain: Not at this time.
D®.
INDEX
# C
9. List any environmental information you know about that has been prepared, or will be prepared, directly
related to this proposal: None.
10. Do you know whether applications are pending for governmental approvals of other proposals directly affecting
the property covered by your proposal? If yes, explain: None pending
11. List any government approvals or permits that will be needed for your proposal, if known: SEPA detennination,
City of Yakima Planning Commission Public Hearing, and City Council Approval.
12. Give a brief, but complete description of your proposal, including the proposed uses and the size of the project
and site. There are several questions later in this checklist that ask you to describe certain aspects of your
proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include
additional specific information on project description.):
This proposal includes an amendment to the City of Yakima's Urban Area Zoning Ordinance adding a new Chapter
15.29 Wireless Communication Facilities. The new chapter proposes language to:
a. Enhance the ability of personal wireless service providers to provide such services throughout the city quickly,
effectively, and efficiently;
b. Encourage personal wireless service providers to locate towers and antenna in nonresidential areas;
c. Encourage personal wireless service providers to co -locate on new and existing tower sites;
d. Encourage personal wireless service providers to locate towers and antennas, to the extent possible, in areas where
the adverse impact on city residents is minimal;
e. Encourage personal wireless service providers to configure towers and antennas in a way that minimizes any
significant adverse visual impact; and
f. Provide for the wireless communications needs of governmental entities.
The draft ordinance provides for a hierarchy of preferred locations, site design, height restrictions, proximity limitations
from residential and historic districts, and aesthetic criteria which apply to new wireless facilities prior to locating in a
residential zone, or historic district. The proposed ordinance allows wireless communication towers in all city zoning
districts, however siting criteria and other development standards apply to residentially zoned property, and historic
districts (see draft ordinance for more information).
DOC.
INDEX
13. Location of the proposal. Give sufficient information for a person to understand the precise location of your pro-
posed project, including a street address, if any, and section, township, and range, if known. If a proposal would
occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan,
vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the
agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related
to this checklist.: City limits.
JUN 2 4 2013
ENVIRONMENTAL ELEME fi p ro be 661 Meted b
the applicaend fw
f
`
1. Earth
a. General description of the site ( one).
flat......rolling.. hilly steep sl.......�.... — .....
opes mountainous other
b. What is the steepest slope on the site (approximate percent slope)? N/A
c. What general types of soils are found on the site (for example, clay, sand,
gravel,
peat, muck)? If you know the classification of agricultural soils, specify them and
note any prime farmland. See United States Department of Agriculture Soil
Conservation Service *r ep Stnwe of Yaldnia Countyp Area Washington
d. Are there surface indications or history of unstable soils in the immediate vicinity? If
so, describe.
See United States Department of Agriculture Soil Conservation Service Soil SUrve i_`
Yakima L` rrawtt A� � 4 sl iw , crr
e. Describe the purpose, type, and approximate quantities of any filling or grading
proposed. Indicate source of fill.
None
.
f. Could erosion occur as a result o. n.......�....- - - - .....................— ��.....................--.w...�..........
f clearing, construction, or use'? If so, generally
describe. N/A
g.._........_.. _W About what percent of.. the
...site
...will be co.....__..,o
ch
vered with impervious surfaces after project
construction (for example, asphalt or buildings)? N/A
h. Proposed mea
sures to reduce or control erosion, or other impacts to the earth, if any:
N/A
2. Air
.
a. What types of emissions to the air would result from the proposal (i.e., dust,
automobile, odors, and industrial wood smoke) during construction and when the
project is completed? If any, generally describe and give approximate quantities if
known.
N/A.
DOC.
INDEX'
#-
fl. EIIt�Ilflll+ilA I Ibll+'! (`Io beo�t�pleted b tic a1lal�Cant)
perred dor
,
y�y
b. Are there any off-site sources of emissions or odor that may affect your proposal? If
so, generally describe.
N/A.
c. Proposed measures to reduce or control emissions or other impacts to air, if any:
N/A
mm. ........... ..... .
3. Water
.... ���
EC
EIVEDa.
Surface:
I ^ . there -any s""urfacevicinityof site
water body , t tlands)?
JUN'
(including year-round and seasonal streams, laks,ponds,
,
If yes, describe type and provide names. If appropriate, state what stream or
it flows into.
CffY KIMA
river
N/A
PLANNINGOF
���
2„ Will the project require any work over, in, or adjacent cent to within 200 feet) the
described waters? If yes, please describe and attach available plans.
N/A
................................................3. Estimate the amount of fill and dredge material that would be placed in or re
moved from surface water or wetlands and indicate the area of the site that
would be affected. Indicate the source of fill material.
N/A
4. Will the proposal require surface water withdrawals or diversions? Give general
description, purpose, and approximate quantities if known.
No
5. Does the proposal lie within a 100 -year floodplain? If so, note location on .. site
p y p the site
plan.
N/A
.
e waters?? If sIf
6 Does the proposal involve any discharges of waste materi............als to . surface at
so, describe the type of waste and anticipated volume of discharge.
N/A
b. Grnou..�.wd.-:.m ....._... ... ,.....
1. .... Will ground water be...� ___..w..,, ,,......�....
withdrawn, or will water be discharged to ground water?
Give general description, purpose, and approximate quantities if known.
N/A
into to the ground from septic
2.... Describe waste material that will be discharged........ t �.�..�
tanks or other sources, if any (for example: Domestic sewage; industrial,
containing the following chemicals...; agricultural; etc.). Describe the general
size of the system, the number of such systems, the number of houses to be
served (if applicable), or the number of animals or humans the system(s) are
expected to serve.
N/A
c. Water Runoff (including stormwate����
d' r):
....�................................ ....... _
INDEX
# E_/
ll. I+aN plted IR,+CiNM NTAL LIEEi Ila Irl l `(Tobe oxnb 'thy plat rrt�;°
p c l�es�tvt~ti; for
I . Describe the source of runoff (including storm water) and method of collection
and disposal, if any (include quantities, if known). Where will this water flow?
Will this water flow into other waters? If so, describe.
N/A
2, Could waste materials enter ground or surface waters? if If so, g.. e.
.,_ .,. so, generally describe.
N/A
3 Proposed
to reduce or control s runoff p surface, ground, and runo water
RECEIVED
impactf any:measures
N/A
JUN 2 4 2013
4 P
....w� mmmm mmmm
CITY OF YAKIMA
vegetation foundmmmmmmmIT
Check ✓ types of v g on the site:PLANNING
a' ..�.) :.... e ...
DIV.
Deciduous Tree: Alder Ma le Aspen Other
p �p
... � _ ® Cedar Pine .a._..
Evergreen
ver reen Green: Fir ❑Other
..
Grass - Crop Or Grain ....
� Pasture ❑
Shrubs Other
Other T es Of Vegetat......... .......--
Types.—Of ion.
b. What kind and amount
t of vegetation will be removed or altered?
None
c,. List threatened or end � - �m m
angered species known to be on or near �
the site.
There are minor amounts of threatened or endangered species know to live in or around
the city limits of Yakima, however this proposal does not involve any change to the land
or habitat, and is considered none- roject.
d. Proposed landscaping, use of native plants, or other measures to preserve or enhance
vegetation on the site, if any:
N/A
.... ..... _ ------------- —.._.w
5. Animals:
a. Check(,/) any birds and animals which have been observed on or near the site or are
known to be on or near the site:
_
..... — Hawk- Heron —.. Ea ]e.... .Som......_._._..........`. ..
Birds: ��...g ngbirds Other
m._...... .. _� Bear .... ..._
Mammals: Deer Elk Beaver Other
Fish: Bass Salmon Trout . .....__ .._—._ . .. 7, 1
Herrmg ❑ Shellfish Other
b. List any threatened or endangered species known to be onor near the r the � site.
There are minor amounts of threatened or endangered species know to live in or around
the city limits of Yakima, however this proposal does not involve any change to the land
r habitat and is considered none-project.
° ...
c. Is the site part of a migration route? if so, explain.
Migratory birds may utilize property within the City limits; however this proposal does
not involve an �can e to tmeanorh......a..........i.t..a...t..zand is......c....,onsiderednone_pro�
........ect.
w.....m_
d. Proposed measures to preserve or enhance wildlife, if any:
N/A
6. Energy and Natural Resources
a. _ What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to
meet the completed project's energy needs? Describe whether it will be used for
heating, manufacturing, etc.
N/A
T °I t N CN"I Eli 1" ENT5 ('T'n a comm e�ted by tie a cant)",
iii / r n ,v -i „c�i.,,i ,,. ,. ,T i„ / n ,,,, , , �, ,;. ce,;,, , ; ,/, //, • // /,. /,%fi..,+'"
a ..'i',1' tnM S:
b. Would your project affect the potential use of solar energy by adjacent properties. If
so, generally describe.
N/A
c. What kinds of energy conservation features are included in the plans of this
proposal? List other proposed measures to reduce or control energy impacts, if any:
N/A
_w_r
ECIC
7. Environ mental Health
—...,,.m ----------. ........ ...... �.....environmental health ...._ ......
a. Are there any hazards, including exposure to toxic chemicals,
JUN 2 4 2013
risk of fire and explosion, spill, or hazardous waste that could occur as a result of this
proposal? If so, describe.
CITY OF "YAKt A
N/A
PLANNING DIV,
I . Describe special emergency services that might_.........�. ��
be required.
N/A
2, Proposed measures to reduce or control environmental health hazards, if any:
N/A
b. ....Noise.... ------ -- ------ .....................................................W.�.
....................._�....--
L What types of noise exist m the area whit ._............... affect your
yp t ' h may affect your project (for
example: traffic, equipment, operation, other)?
N/A
............
2...................What
..types and levels of noise would be created by or associated with the project
on a short-term or a long-term basis (for example: traffic, construction,
operation, other)? Indicate what hours noise would come from the site.
N/A
3. Proposed measures to reduce or control noise impacts, if any:
N/A
..8..Land and....... .............................._ _..�...m�
ShorelineUse........................._........._........_..................................................................._
a.� What is the current use of the site and adjacent properties? N/A � ������������ ���������
b. Has the site been used for agriculture. If s
� o, describe.
Many of the properties within the City of Yakima have been used for agriculture purposes
in the past.
c. Describe any structures on the site.
N/A
.......Will..an ...............w.,...
d.structures be demolished? If so, what?
N/A
current zon'
e. What is the cu zoning classification of the site? The current zoning classifications
which are effected by these amendments are as follows: SR, R-1, R-2, R-3, B-1, B-2, HB,
SCC, LCC, AS, GC, CBD, RD, and M-1 """-"--,-",--,,,""-,—'-------__Cf.
rehe s� g prehensive
f. What is the current comp n, 've plan desi nation of the site? The Com
Plan designations within the City of Yakima area as follows: Low Density Residential,
Medium Density Residential, High Density Residential, Professional Office,
Neighborhood Commercial, Community Commercial, General Commercial, Regional
Commercial, CBD Core Commercial, and Industrial.
li Kl IENTA' E Mi! NT To b ctrarnplet by time appMi t�untj
� e I e er ti f
g. if applicable, what is the current shoreline master program designation of the site?
N/A
_....._...... �... .......... .... mm.mm......
h. Has any part of the site been classified as an"environmentally sensitive area. If so
N/A—Non-Project Action
RECEIVED
specify.
. ............... .__...�............ . �......
Approximately how many people would reside or work in the completed project?
p J�.
JUN
.. 1.�.... �/A,rox�m�ately...h.....w��.�......�.�............._..�� � �.....�_...�..._�.�.�.�.� .�.� .......... ... �p
2 4
2013
o ma completed project displace? N/A
,
ITY OF
k Proposed measures to avoid orpred ce displacement impacts, if any.
YAKIMA
PLANNING oIV.
N/A
1. Proposed measures to ensure the proposal is compatible with existing and projected
land uses and plans, if any:
The existing proposal will modify the above mentioned City of Yakima regulations
and land use plans.
.................................... .._._...................m......_.
9. Housing
a. Approximately how many units would be provided, if any? Indicate whether high,
middle, or low-income housing. N/A
b. Approximately how many units, if any, would be eliminated? Indicate whether high,
middle, or low-income housing. N/A
.......... n ...... _........... n.. n............................ ..... m......... ..._ . .. __ ......... ................ _............... .......... �..�
c. Proposed measures to reduce or control housing impacts, if any:
N/A
.— _... --....................... ......... _ ....
10. Aesthetics
a. What is the tallest height of any proposed structures, not including antennas; what
are the principal exterior building materials proposed? The tallest height that this
ordinance allows for an antenna in the residential and historic districts is sixty feet. In all
other zones 100 feet is the maximum allowed height.
..... m..... ... ..____... _._ �_ — — �w�w.�.... . �w
b. What views in the immediate vicinity would be altered or obstructed?
N/A
c. Proposed measures to reduce or control aesthetic impacts, if any:
The draft ordinance proposes to impose screening and other site design criteria to reduce
the aesthetic impacts of wireless communication facilities (see draft ordinance for
additional ..infonn„at.on.).:..................................
11. Light and Glare
„
................ ............. ............ . n. _.._...........................................................................................................................................................
a. What type of light or glare will the proposal produce? What time of day would it
mainly occur?
None, however the ordinance does provide regulation of lighting.
K Could light or glare from the finished project be a safety hazard or interfere with
views? N/A
... c.What existing off-site sources of light or glare may affect your proposal?
None
..
d. Proposed measures to reduce or control light and g� )are impacts, if any:
None, however the ordinance does provide regulation of lighting.
0
ENV MENTAL "LENIENT ("i"+' b atom I #rid r tlt apltllc nt
c red u ,
int-�oir�imerwl
12. Recreation
a. What designated and informal recreational opportunities ar .. _.. •�
e in the immediate
vicinity? N/A
b Would the proposed project displace any existing recreational uses? If so, de .......
e.
scribRECEIVED
N/A
.........•••m..._c. Proposed measures to reduce or control impacts on recreation, including recreation
JUN 2 4 2013
opportunities to be provided by the project or applicant, if any:
N/A
CITY OF YA KIM
PLANNING CIV,
13. Historic and Cultural Preservation
a. Are there any places or objects listed on, or proposed for, national, state, or Wlocal
preservation registers known to be on or next to the site? If so, generally describe.
N/A
.................
b. Generally describe any landmarks or evidence of historic, archaeological, scientific,
or cultural important known to be on or next to the site.
N/A
c. Proposed measures to reduce or control impacts, i
p f any:
The draft ordinance provides language to regulate, limit, and reduce the impacts of
wireless communication towers within residential and historic districts.
l4. Transportation ............ _ w .... ...�.... ......... ...........
p ion
a. Identify public streets and highways serving the site, and describe proposed access to
the existing street system. Show on site plans, if any.
N/A
b. is site currently serviced by public transit? If not, what is the approximate distance
to the nearest transit stop? N/A
c. How many parking spaces would the completed project have? N/A
How many would the project eliminate? N/A
d. Will the proposal require any new roads or streets, or improvements to existing
g
roads or streets, not including driveways? If so, generally describe (indicate whether
public or private).
N/A
e. Will the project use (or occurm kinin
in the immediate vicinity of) water, rail, or air
transportation? if so, generally describe.
N/A
_ti..... --- -- ....... .. ........
f. How many vehicular trips per day would be generated by the completed project? If
known, indicate when peak volumes would occur.
N/A
DOC.
INDEX
* E—/
B.fi"IlPM "T L.4'I tl '104b tN applcaatr,
,,,r ....,, aw rttt Q"
g. Proposed measures to reduce or control transportation impacts, if any:
N/A
15. Public Services
a. the project in an increased need for public vice example: �
p I ����������������� �������p services (for example: fire
RECEIVED
protection, police protection,health care schools other)? If so, generally describe:
N/A
JUN 2 4
2013
�.......
CITY OF I
b. Describe the utilities h
unities that are proposed for the project, the utility providing the
p���ii� �
service and the general construction activities on the site or in the immediate
��
vicinity, which might be needed.
N/A
...................... ....... ___....... ........... ...... .__...... : ..... ........
16 Utilities
a.....Circle.:... ......,.......__
utilities currently available at the site: electricity, natural gas, water, refuse
service, telephone, sanitary sewer, septic system, other.
b Describe the utilities that arer utility oposed for the project, the ul ty ..
p mt p ... roviding the
service, and the general construction activities on the site or in the immediate
vicinity, which might be needed.
N/A
Um SIGNATURE (To be completed by the ilpplicant.); .
The above answersare true " d complete to the best of my knowledge. I understand that the lead agency is relying
on them to ma its cit arae.
:......_ .:,: � � �� .... .... ......�_
r....�r. �....._.—
Prolaer y„ caner or Signature Date Submitted
Orp% / I
%
„,�1�.,��,
DOC.
INDEX
Because these questions are very general, it may be helpful to read them in conjunction with the list
of the elements of the environment. When answering these questions, be aware of the extent the
proposal or the types of activities that would likely result from the proposal and how it would affect
the item at a greater intensity or at a faster rate than if the proposal were not implemented.
1. How would the proposal be likely to increase discharge to water; emissions to air;
production, storage, or release of toxic or hazardous substances; or production of noise?
The proposed Zoning Ordinance change will not affect how land uses discharge to water,
REVEIVED
emissions to the air, storage, or release of toxic or hazardous substances, or the production of
noise.
Proposed measures to avoid or reduce such increases are:
JUN 2 4 2013
As the proposal will not increase any of the above environmental conditions, no measures to
avoid or reduce these conditions have been proposed
�� � I
2. How would the proposal be likely to affect la
p p y plants, animals, fish, or marine life?
�
NI
����� DIV
The proposed zoning changes will not affect plants, animals, fish, or marine life as all the
proposed changes will not change any existing environmental regulations.
a. Proposed measures to protect or conserve plants, animals, fish, or marine life are:
As the proposal will not effect any of the above animal life, no measures to protect or
conserve plant and animal life has been proposed.
3 How would the proposal �be likely to deplete energy or natural resources?
The proposed zoning amendments do not involve regulations dealing with energy or natural
resources.
Proposed measures to protect or conserve energy and natural resources are:
None proposed.
4. mHow would the proposal be likely to use or affect environmentally sensitive areas or
areas designated (or eligible or under study) for governmental protection; such as parks,
wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or
cultural sites, wetlands, floodplains, or prime farmlands?
The proposed zoning amendments do not propose any change to regulations for
environmentally sensitive areas or areas designated for governmental protection.
._
Proposed measures to protect such resources or to avoid or reduce impacts are:
None proposed.
........... ....... __........... --.... -... �...——
5. How would the proposal be likely to affect land and shoreline use, including whether it
would allow or encourage land or shoreline uses incompatible with existing plans?
No change to land and shoreline uses are proposed.
.. . -
... ..-
Proposed measures to avoior reduce shoreline and land use impacts are:
None proposed
6. How would the proposal be like) to increased demands on
y e transportation or public
services and utilities?
The proposed zoning changes would not be likely to increase demand on the transportation or
public service system and utilities as the regulatory changes only address processing of various
land use applications.
Proposed measures to reduce or respond to such demand(s) are:
None proposed.
DOC.
INDEX
7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or
requirements for the protection of the environment.
The proposed zoning amendments will not conflict with any local, state, or federal laws, or
requirements for the protection of the environment.
RECEIVED
JUN 2 4 2013
CITY OF YAKIMA
PLANNING DIV.
�DOC.
IID'
# E-
City of Yakima Planning Division's Recommendation on a Zoning Text
Amendment to the City's Urban Area Zoning Ordinance Regarding
Communication Towers
TO: City of Yakima Planning Commission
FROM: Mark Kunkler, City Attorney
SUBJECT: Communication Tower Zoning Text Amendment
FOR PUBLIC HEARING OF: August 7, 2013
ISSUE:
Yakima Planning Commission (YPC) public hearing on a text amendments to the City of
Yakima's Urban Area Zoning Ordinance (UAZO) Yakima Municipal Code (YMC) Title 15
adding a new Chapter 15.29 Wireless Communication Facilities. The new chapter
proposes language to:
1. Enhance the ability of personal wireless service providers to provide such services
throughout the city quickly, effectively, and efficiently;
2. Encourage personal wireless service providers to locate towers and antenna in
nonresidential areas;
3. Encourage personal wireless service providers to co -locate on new and existing
tower sites;
4. Encourage personal wireless service providers to locate towers and antennas, to the
extent possible, in areas where the adverse impact on city residents is minimal;
5. Encourage personal wireless service providers to configure towers and antennas in a
way that minimizes any significant adverse visual impact; and
6. Provide for the wireless communications needs of governmental entities.
In addition, the draft ordinance provides for a hierarchy of preferred locations, site
design, height restrictions, proximity limitations from residential and historic districts, and
aesthetic criteria which apply to new wireless facilities prior to locating in a residential
zone, or historic district. The proposed ordinance allows wireless communication towers
in all city zoning districts, however siting criteria and other development standards apply
to residentially zoned property, and historic districts
STAFF RECOMMENDATION:
The City of Yakima Planning Division recommends that the YPC discuss and take public
input regarding the proposed Zoning Ordinance addition, suggest appropriate revisions
to the draft amendment as necessary, and provide a final recommendation to the
Yakima City Council.
Page I 1
HISTORY OF AMENDMENT:
On April 2, 2013, the Yakima City Council after hearing concerns from the Barge
Chestnut Neighborhood Association about a proposed cell tower declared an emergency
six month moratorium, on the City receiving any new applications for cell tower
installations while the City reviewed regulatory controls on siting standards, and set a
public hearing for public input on the moratorium for May 21, 2013 at 7 p.m.
On May 21, 2013, the Yakima City Council held the appropriate hearing taking into
account the concerns of the general public with regard to the location of communication
towers within the City, and approved the accompanying resolution adopting findings of
fact in support of moratorium regarding telecommunications towers and facilities.
ENVIRONMENTAL REVIEW (SEPA)
On June 27, 2013, the City of Yakima issued a Notice of Application, Environmental
Review, Public Hearing, and Determination of Non -Significance for this project.
Following the required 20 -day public comment period where all interested parties and
agencies had the right to comment, and three public comments were received. The City
of Yakima made some minor amendments to the draft ordinance addressing some of the
commenters concerns, and issued a Notice of Retention Regarding its Determination of
Non -Significance for SEPA File #011-13, on July 19, 2013. The 14 -day appeal period for
this environmental determination lapsed on August 2, 2013, with no appeals filed.
PUBLIC NOTICE DATE ACCOMPLISHED
Notice of Application
June 27, 2013
Legal Ad Publication
June 27, 2013
Notice of Public Hearing
June 27, 2013
Notice of SEPA Determination Retention
July 19, 2013
Department of Commerce Notice of Intend to Adopt
June 24, 2013
COMMENTS FROM AGENCIES AND INTERESTED PARTIES
The City of Yakima has received, and continues to receive, comments from agencies
and interested parties. The Barge Chestnut Neighborhood Association (BCNA) and
representatives from AT & T Services, Inc. have met with staff and provided
observations and recommendations. In addition, the City has received comments from
interested agencies, particularly the Aviation Division of Washington State Department of
Transportation reiterating that the requirements and restrictions of the City's Airport
Safety Overlay (ASO) would apply specifically to tower heights within the overlay.
It should be emphasized that the proposed document may see further changes prior to
the scheduled hearing before the Planning Commission on August 7, 2013. City staff
also anticipates that further changes may be recommended by the Planning Commission
following the August 7, 2013 public hearing.
Page 12
DISCUSSION OF PROPOSED AMENDMENTS:
I. Overview.
The attached material creates new Chapter 15.29 within the zoning code of the City of
Yakima. The City's current code consists of the following section:
15.04.180 Communication towers.
The following provisions shall govern the placement of communication towers
within the urban growth area:
1. Communication towers less than thirty-five feet in height require a Type
(1) review to ensure compliance with minimum setbacks and building code
requirements;
2. Communication towers thirty-five feet or greater in height require a Type
(2) review to ensure compliance with setback provisions and that other permit
procedures are reviewed and met; and
3. Communication towers more than fifty-five feet in height shall follow the
review procedures for Class (3) uses and shall meet all the provisions and the
building code. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986.
Formerly 15.04.130).
Additionally, some provisions are found in the City's building codes, but these deal
almost exclusively with structural elements of tower facilities and installation
requirements. It is apparent that the limited land use controls under existing City codes
do not adequately address the land use needs of the community.
As noted above, the City Council adopted a six-month moratorium on April 2, 2013 in
order to allow for development of a comprehensive land use code pertaining to
telecommunication facilities. The current moratorium is set to expire on October 1,
2013.
15.29.010 Pour ose.
A portion of this section was quoted at the beginning of this report. The section
also describes the applicability of the code to "new uses," and "existing uses" —
which would be considered as pre-existing nonconforming.
15.29.020 Definitions.
The definitions are extensive and comprehensive. It has been suggested that
some definitions can be eliminated as they are not mentioned in the text of the
proposed code. This has some merit, and some definitions have been removed
which are never referenced in the actual code. Other definitions, while seemingly
of little use, may be retained because they may be useful in defining terms or
conditions in the permitting process.
Page 13
15.29.0314 Exemptions.
The exemptions are fairly self-explanatory and reflect other provisions of laws
governing the telecommunications industry. For example, "licensed amateur
(ham) radio stations" are exempt from legislation governing the
telecommunications industry.
15.29.035 Modification of Existing ''wireless Tower or Base Station.
This section was added to address recent federal legislation that provided that
"modifications" of existing telecommunication towers and base stations,
consisting of co -location, removal, or replacement of transmission equipment,
that do not constitute a "substantial change" to the existing facility, must be
approved. The Federal Communications Commission (FCC) has also issued a
decision defining the concept of what constitutes a "substantial change." This
definition and terminology has been incorporated into this section. The section
also includes a review and permitting process within a 90 -day "shot clock." The
FCC had also ruled that a city may require submission of an application and
issuance of a permit for these modifications, within a maximum 90 -day
processing period.
15.29.040 Site selection criteria.
This section states general principles applicable to site location, including
identification of any alternate sites and effects on adjacent neighborhoods.
15.29.045 Protected areas.
This section was added to define certain designated areas where effects of
telecommunication facilities would likely have significant adverse impact.
"Protected areas" are defined to include:
Protected areas are: (a) established federal, state or local historic districts or
historic district overlay zones; (b) proposed federal, state or local historic districts
or historic district overlay zones filed for record with the federal, state or local
agency with jurisdiction (hereafter "pending" historic district or overlay zones); (c)
sites, buildings, structures or objects listed in the National Register of Historic
Places; (d) state and local wildlife refuges, and permanently protected
archeological sites; and (e) designated areas subject to preservation or
protection through recorded conservation easement. Except as provided in
15.29.050, antennas and antenna support facilities are not permitted in or within
300 feet of any protected area.
Page 14
15.29.050 Priority of locations.
The "priority of locations" section is an important part of the proposed code. This
section lists different types of location ranging from "most favored" (least
anticipated impact) to "least favored" (most anticipated impact). In order of
priority, these locations are:
a. Co -location on existing facilities;
b. Public properties;
C. Placement on existing structures/buildings in industrial and
commercial zones, with appropriate camouflage and/or stealth;
d. Placement in industrial zones, more than 300 feet from residential
districts and more than 800 feet from protected areas;
e. Local Business District (B-2) and Large Convenience Center
(LCC) zones, more than 300 feet from residential districts and
more than 300 feet from protected areas. (If within 300 feet of a
residential district, or within 300 feet of a protected area,
administrative approval is allowed if there is a showing that
alternate location is not available, and imposition of camouflage
and/or stealth.)
f. In or within 300 feet of a residentially zoned district (other than
within the B-2 or LCC zones), conditional use permit required,
including appropriate camouflaging and/or stealth.
g. In or within 300 feet of a protected area (other than within the B-2
or LCC zones), conditional use permit required, including
appropriate camouflaging and/or stealth.
15.29.060 Siting Priority on public progegy.
This section prioritizes types of "public property" that may be considered for siting
of telecommunication facilities. These priorities are:
a. City -owned property (subject to Airport Safety Overly (ASO)
zoning restrictions and requirements).
b. Property owned by other public safety entities, law enforcement,
fire prevention, ambulance entities.
C. Property owned by other governmental agencies (not related to
police, fire, ambulance services).
d. Property owned by telecommunication service providers.
Page 15
This section also requires use of a lease instrument, subject to listed conditions.
Special provisions are included for any proposed location within a public park,
including review by the Parks Commission.
15.29.070 Required submittals and testing.
This section describes the elements of an application for a telecommunication
facility, including photo -simulations (plus balloon test for any proposed location
within 800 feet of an environmentally sensitive area).
15.29.080 Co -location.
This section requires consideration of possible co -location options and states
components of such consideration.
Addressed here are requirements for setbacks, incorporation of provisions
allowing for co -location of future facilities, tower separation, color of facilities,
screening, tower location, parking, and other elements.
15.29.1 0O Permits required.
There are three types of approval included here: (a) administrative review and
permit; (b) conditional use permit; and (c) variance.
a. Administrative Permit. The following are subject to administrative
review and permit, unless otherwise noted:
1. Modifications to eligible existing facilities pursuant to 15.29.035 and
15.29.080 that do not constitute a substantial change; modifications that
constitute a substantial change require a variance;
2. Antennas, towers and related facilities located within or upon
government-owned property or structures where such antennas, towers and
related facilities are disguised by camouflage and/or stealth measures approved
by the city;
3. Antennas, towers and related facilities located on appropriate rights-
of-way and existing structures, such as buildings, towers, and water towers, in
industrial and commercial zoning districts where such antennas, towers and
related facilities are disguised by camouflage and/or stealth measures approved
by the city;
Page 16
4. Antennas, towers and related facilities located within industrial zones
of the city, including proposed locations within 300 feet of residential zoned
districts, where such antennas, towers and related facilities are disguised by
camouflage and/or stealth measures approved by the city;
5. Antennas, towers and related facilities located within the Local
Business District (B-2) and Large Convenience Center (LCC) zoning districts
where such proposed site is (a) more than 300 feet from residentially zoned
districts and more than 300 feet from an environmentally sensitive area, and (b)
such structures are camouflaged and/or disguised by stealth measures approved
by the city.
An applicant that wishes to locate a new antenna, antenna support structure or
tower within the B-2 or LCC districts, and within 300 feet from residential zoned
districts or within 300 feet of a protected area, shall demonstrate that a diligent
effort has been made to locate the proposed communications facilities on a site,
private institutional structure, or other appropriate existing structures more than
300 feet from residential zoned districts or more than 300 feet from a protected
area, and that due to valid considerations including physical constraints, and
technological feasibility, no more appropriate location is available. Such
antennas, towers and related facilities may approved by the administrator,
subject to the administrator's approval of camouflage or disguise by stealth.
Such proposed structures are also subject to the balloon test and/or photo -
simulation requirements of 15.29.070 in order to assist the administrator in
determining appropriate camouflage and/or stealth requirements.
b. Conditional Use Permit. The section provides that, except as
listed above, all other proposed facilities would require a conditional use
permit.
C. Variances. Variances are expected to arise in the arena where
a proposed "modification" of an existing tower or base station constitutes
a "substantial change."
The section includes a "Permit Table" summarizing the type of permit or approval
required for each proposed development.
Page 17
15.29.110 Inspection re uirements.
This section requires annual inspection and reports.
15.29.120 Non-use/abandonment.
The section requires notification of abandonment and removal of the facility
within six months.
15.29.130 Third ggrty.review.
If it is determined that a more detailed analysis of technical issues is required,
this section authorizes the use of an independent party or agency to conduct a
third -party review. The applicant and the city may cooperate in the selection of
the third -party reviewed, but the applicant pays the costs.
15.29.140 Conditional use permits — Procedures — Conditions for granting.
A conditional use permit process in created for telecommunication facility
approvals. Briefly, the Hearing Examiner would make determinations, findings
and a decision regarding the application and impose conditions upon the project.
The parameters of the Hearing Examiner's authority and duties is described in
this section, together with the types of conditions that can be imposed.
15.29.150 Conditional use permits — Effect of hearing examiner decision.
"The decision of the hearing examiner on a conditional use permit shall be final
and conclusive with right of appeal to the city council in accordance with YMC
16.08.030."
15.29.160 Application form.
The forms used for applications and other permits will be created by the City.
15.29.170 Filing fees.
Filing fees are required, but not yet established.
15.29.180 Notice of hearing — Conditional use ermits.
"Notice of all public hearings shall be given and prepared as required by Chapter
16.05 YMC."
15.29.190 Reapplication.
"Upon final action as set forth in this chapter in denying an application for a
conditional use permit, the city shall not accept further filing of an application for
Page 18
substantially the same matter within one year from the date of any final denial of
an application."
15.29.200 Transfer o cwnershi
"A conditional use permit runs with the land; compliance with the conditions of
any such permit is the responsibility of the current owner of the property, whether
that is the applicant or a successor. No permit for which a financial security is
required shall be considered valid during any time in which the required financial
security is not posted."
15.29.210 Vacation of permits.
"A. Any conditional use permit issued pursuant to this chapter may be
vacated upon approval by the current landowner; provided, that:
1. The use authorized by the permit does not exist and is not actively
being pursued; or
2. The use has been terminated and no violation of terms and
conditions of the permit exist.
B. Requests to vacate a permit shall be made in writing to the zoning
code administrator who shall determine if the above conditions are present prior
to authorizing the vacation. Vacation of any permit shall be documented by the
filing of a notice of land use permit vacation on a form provided by the community
development department with the city."
15.29.220 Violation Penalty.
"Compliance with the requirements of this code shall be mandatory. Any violation
of the provisions of this chapter shall be a misdemeanor subject to the penalties
and remedies established in YMC 6.02.050. Additionally, any violation of the
provisions of this chapter, and any installation and/or operation of any structure in
violation of the provisions of this chapter, shall be deemed a public nuisance and
violation subject to penalties and remedies available under state law and city
codes. The enforcement actions authorized under this code shall be
supplemental to those general penalties and remedies of Chapter 6.02 YMC and
the public nuisance penalties and remedies available under state law and city
codes."
RECOMMENDATION
It is staff's desire that the Planning Commission review the proposed code and provide
observations, suggested revisions and its recommendation. We also welcome the
comments of those participating in the public hearing, representatives of the BCNA and
representatives of the telecommunications industry. As mentioned above, we have
already benefited from comments provided by stakeholders and interested parties.
Page 19
Staff's recommendation is that the Planning Commission recommend adoption of the
new code by the City Council, with any changes identified by the Planning Commission.
Following the public hearing, any appropriate findings of fact and conclusions will be
presented.
Page 110
Chapter 15.29
WIRELESS COMMUNICATIONS FACILITIES
Sections:
15.29.010
Purpose.
15.29.020
Definitions.
15.29.030
Exemptions.
15.29.035
Modification of Existing Wireless Tower or Base Station.
15.29.040
Site selection criteria.
15.29.045
i "�kuh��itiK. l�r�l��x�rr Protected locations.
15.29.050
Priority of locations.
15.29.060
Siting priority on public property.
15.29.070
Required submittals and testing.
15.29.080
Co -location.
15.29.090
Design criteria.
15.29.100
Permits required.
15.29.110
Inspection requirements.
15.29.120
Non-use/abandonment.
15.29.130
Third party review.
15.29.140
Conditional use permits — Procedures — Conditions for granting,
15.29.150
Conditional use permits — Effect of hearing examiner decision.
15.29.160
Application form.
15.29.170
Filing fees.
15.29.180
Notice of hearing — Conditional use permits.
15.29.190
Reapplication.
15.29.200
Transfer of ownership.
15.29.210
Vacation of permits.
15.29.220
Violation — Penalty.
15.29.010 Purpose.
A. The purpose of this chapter is to establish general guidelines for the siting of towers and antennas.
The goals of this chapter are to:
1. Enhance the ability of personal wireless service providers to provide such services
throughout the city quickly, effectively, and efficiently;
2. Encourage personal wireless service providers to locate towers and antenna in
nonresidential areas;
3. Encourage personal wireless service providers to co -locate on new and existing tower sites;
4. Encourage personal wireless service providers to locate towers and antennas, to the extent
possible, in areas where the adverse impact on city residents is minimal;
1
5. Encourage personal wireless service providers to configure towers and antennas in a way
that minimizes any significant adverse visual impact; and
6. Provide for the wireless communications needs of governmental entities.
Accordingly, the city council finds that the promulgation of this chapter is warranted and necessary:
1. To manage the location of towers and antennas in the city;
2. To protect residential areas and land uses from potential adverse impacts of towers;
3. To minimize adverse visual impacts of towers through careful design, siting, landscape
screening, and innovative camouflaging techniques;
4. To accommodate an increased need for towers to serve the wireless communications needs
of city residents;
5. To promote and encourage co -location on existing and new towers as an option rather than
construction of additional single -use towers, and to reduce the number of such structures
needed in the future;
6. To consider the public health and safety of towers to the extent permitted by the
Telecommunications Act of 1996; and
7. To avoid potential damage to adjacent properties through sound engineering practices and
the proper siting of antenna support structures.
B. New Uses. All new antennas shall comply with this chapter after the effective date of the ordinance
codified in this chapter.
C. Existing Uses. All towers and antennas existing on the effective date of the ordinance codified in this
chapter that are not in compliance with this ordinance shall be allowed to continue as they presently exist,
but will be considered nonconforming uses. Routine maintenance shall be permitted on existing towers
and antennas. However, new construction other than routine maintenance on existing towers, antennas,
buildings or other facilities shall comply with the requirements of this chapter.
1. These standards were developed to protect the public safety and welfare, to protect property
values and minimize visual impact while furthering the development of enhanced
telecommunication services in the city and providing for wireless communications necessary for
governmental purposes. These standards were designed to comply with the
Telecommunications Act of 1996. 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 unreasonably discriminate between
providers of functionally equivalent personal wireless services.
Pa
2. To the extent that any provision of this chapter is inconsistent or conflicts with any other city
ordinance this chapter shall control. Otherwise, this chapter shall be construed consistently with
the other provisions and regulations of the city.
3. The city shall approve, approve with conditions, or deny the application in accordance with
the time frames set forth in Title 16 YMC, Administration of Development Permit Regulations,
and in accordance with other applicable ordinances.
15.29.020 Definitions.
For the purpose of this chapter, the following terms shall have the meaning ascribed to them below:
"Abandonment" means to cease operation for a period of sixty or more consecutive days.
"Administrator" means the director of the city's department of community development and his or her
designees.
"Affiliate" means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is
under common ownership or control with another person.
"Antenna" means any exterior apparatus designed for telephonic, radio, data, internet, or television
communications through the sending and/or receiving of electromagnetic waves, and includes equipment
attached to a tower, structure or building for the purpose of providing personal wireless services, including
unlicensed wireless telecommunications services, wireless telecommunications services utilizing
frequencies authorized by the Federal Communications Commission for "cellular," "enhanced specialized
mobile radio" and "personal communications services," telecommunications services, and its attendant
base station.
"Antenna height" means the vertical distance measured from the base of the antenna support structure at
natural grade to the highest point of the structure even if said highest point is an antenna. Measurement
of tower height shall include antenna, base pad, and other appurtenances and shall be measured from
the natural grade of the parcel at the lowest elevation point of the support structure's perimeter. "Antenna
support structure" means any pole, telescoping mast, tower, tripod, or other structure which supports a
device used in the transmitting or receiving of radio frequency signals.
"Applicant" means any provider or any person, partnership, company, or government agency that files an
application for any permit necessary to install, maintain, or remove a personal wireless service facility
within the city.
"Balloon test" means a test for a reasonable period of time, not less than three consecutive workdays,
whereby a balloon of sufficient size to replicate the size of the top of a proposed tower and antenna array
is tethered to the ground at the location of the proposed base for a pending new tower application and the
balloon is suspended at the height that replicates the height of the proposed tower and antenna array. No
trees shall be removed to conduct the balloon test.
"Base station" is defined as a facility or structure consisting of radio transceivers, antennas, coaxial
cable, a regular and backup power supply, and other associated electronics, including a structure that
currently supports or houses an antenna, transceiver, or other associated equipment that constitutes
part of a base station, and encompasses such equipment in any technological configuration, including
distributed antenna systems and small cells.
"Camouflaged" means a personal wireless service facility that is disguised, hidden, or integrated with an
existing structure that is not a monopole or tower, or a personal wireless service facility that is placed
within an existing or proposed structure, or new structure, tower, or mount within evergreen trees so as to
be significantly screened from view, or designed to resemble surrounding natural features.
"Cell site" or "site" means a tract or parcel of land that contains personal wireless service facilities
including any antenna, support structure, accessory buildings, and parking, and may include other uses
associated with and ancillary to personal wireless services.
"City" means the city of Yakima.
"City property" means all real property owned by the city whether in fee ownership or other interest.
"Co -location" means the use of a personal wireless service facility or cell site by more than one personal
wireless service provider.
"Conditional use permit" or "CUP" means a process and approval as described in this chapter and in YMC
Title 15, Yakima Urban Area Zoning Ordinance
"COW" means "cell on wheels." A cell on wheels or other temporary personal wireless communications
facility.
"Design" means the appearance of personal wireless service facilities, including such features as their
materials, colors, and shape.
"EIA" means the Electronics Industry Association.
"Equipment enclosure" means a structure, shelter, cabinet, or vault used to house and protect the
electronic equipment necessary for processing wireless communication signals. Associated equipment
may include air conditioning, backup power supplies and emergency generators.
"Excess capacity" means the volume or capacity in any existing or future duct, conduit, manhole,
handhold or other utility facility within the right-of-way that is or will be available for use for additional
telecommunications facilities.
4
"Facilities" means all of the plant, equipment, fixtures, appurtenances, antennas, and other facilities
necessary to furnish and deliver telecommunications services and cable television services, including but
not limited to poles with crossarms, poles without crossarms, wires, lines, conduits, cables,
communications and signal lines and equipment, braces, guys, anchors, vaults, and all attachments,
appurtenances, and appliances necessary or incidental to the distribution and use of telecommunications
services and cable television services.
"FCC" or "Federal Communications Commission" means the federal administrative agency, or lawful
successor, authorized to regulate and oversee telecommunications carriers, services and providers on a
national level.
"Governing authority" means the city council of the city of Yakima.
"Governmental entity" means the state of Washington, Yakima County, the city, municipally owned
utilities, and special purpose districts including the school, fire and library districts.
"Grantee" means both licensees and franchisees granted certain rights and obligations as more fully
described herein.
"Hearings examiner" means the duly appointed hearings examiner of the city.
"Modification" means the changing of any portion of a personal wireless service facility from its
description in a previously approved permit. Examples include, but are not limited to, changes in design.
"Mount" means the structure or surface upon which personal wireless service facilities are mounted.
There are three types of mounts:
A. Building Mounted. A personal wireless service facility mount fixed to the roof or side of a
building.
B. Ground Mounted. A personal wireless service facility mount fixed to the ground, such as a
tower.
C. Structure Mounted. A personal wireless service facility fixed to a structure other than a
building, such as light standards, utility poles, and bridges.
"Occupy" means to construct, install, maintain, own, or operate telecommunications facilities located
within city rights-of-way. The mere passage of electronic signals over, under, or through rights-of-way via
telecommunications facilities owned by another telecommunications provider does not constitute
occupying the rights-of-way.
"Overhead facilities" means utility facilities and telecommunications facilities located above the surface of
the ground, including the underground supports and foundations for such facilities.
"Person" means corporations, companies, associations, joint stock companies, firms, partnerships, limited
liability companies, other entities and individuals.
"Personal wireless service," "personal wireless service facilities," and "facilities" used in this title shall be
defined in the same manner as in Title 47, USC, Section 332(c)(7)(C), as they may be amended now or in
the future, and includes facilities for the transmission and reception of radio or microwave signals used for
communication, cellular phone, personal communications services, enhanced specialized mobile radio,
and any other wireless services licensed by the FCC and unlicensed wireless services.
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urgo,alit V. mph �afn'' i� G� �rlda a,i�,� a� � If iia ..m"dual Rb�.�.�....!"1��xG
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"Provider" means every corporation, company, association, joint stock company, firm, partnership, limited
liability company, other entity and individual that provides personal wireless service over personal
wireless service facilities.
"Rights-of-way" means land acquired or dedicated for public roads and streets, as further defined in
15.02.020, but does not include (a) land dedicated for roads, streets, and highways not opened and not
improved for motor vehicle use by the public; (b) structures, including poles and conduits, located within
the right-of-way; or (c) federally granted railroad rights-of-way acquired under 43 USC, Section 912, and
related provisions of federal law, that are not open for motor vehicle use.
"Right-of-way use permit" means the authorization by which the city grants permission to a service
provider to enter and use the right-of-way at a specific location for the purpose of installing, maintaining,
repairing, or removing identified facilities.
"Screening" means a continuous fence and/or evergreen landscaped planting that conceals the property it
encloses.
"Service provider" means every corporation, company, association, joint stock association, firm,
partnership, person, city, or town owning, operating or managing any facilities used to provide and
providing telecommunications or cable television services for hire, sale, or resale to the general public.
Service provider includes the legal successor to any such corporation, company, association, joint stock
association, firm, partnership, person, city or town.
"State" means the state of Washington..
"Surplus space" means that portion of the usable space on a utility pole which has the necessary
clearance from other pole users, as required by the orders and regulations of the Washington Utilities and
Transportation Commission, to allow its use by a telecommunications carrier for a pole attachment.
"Secondary use" means a use subordinate to the principle use of the property, such as commercial,
residential, utilities, etc.
"Security barrier" means a wall, fence, or berm that has the purpose of sealing a personal wireless service
facility from unauthorized entry or trespass.
"Stealth" means a personal wireless service facility that is disguised, hidden, or integrated with an
existing structure that is not a monopole or tower, or a personal wireless service facility that is placed
within and disguised by an existing or proposed structure,
"Telecommunications carrier" includes every person that directly or indirectly owns, controls, operates or
manages plant, equipment or property within the city, used or to be used for the purpose of providing
telecommunications services to locations outside the city.
"Telecommunications service" means transmission of information, except cable television service, by
wire, radio, optical cable, electromagnetic, or other similar means, for hire, sale, or resale to the general
public. For the purposes of definition "information" means knowledge or intelligence represented by any
form of writing, signs, signals, pictures, sounds, or any other symbols. Telecommunications service
excludes the over -the air transmission of broadcast television or broadcast radio signals, facilities
necessary for governmental purposes. The city shall act on an application within a reasonable period of
time, taking into account the nature and scope of the application. Any decision to deny an application
shall be in writing, supported by substantial evidence contained in a written record. The city shall approve,
approve with condition, or deny the application in accordance with the time frames set forth in YMC Title
16, Administration of Development Permit Regulations, and in accordance with other applicable
ordinances.
"Telecommunications service provider" includes every person that directly or indirectly owns, controls,
operates or manages plant, equipment or property within the city, used or to be used for the purpose of
offering telecommunications services, except cable television service, to residents, businesses or other
locations within the city.
"Tower" means any structure that is designed and constructed primarily for the purpose of supporting one
or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term
encompasses personal wireless service facilities including radio and television transmission towers,
microwave towers, common -carrier towers, cellular telephone towers or personal communications
services towers, alternative tower structures, and the like. "Tower" also includes any structure built for
the sole or primary purpose of supporting FCC -licensed antennas and their associated facilities.
"Underground facilities" means utility and telecommunications facilities located under the surface of the
ground, excluding the underground foundations or supports for overhead facilities.
"Usable space" means the total distance between the top of a utility pole and the lowest possible
attachment point that provides the minimum allowable vertical clearance as specified in the orders and
regulations of the Washington Utilities and Transportation Commission.
"Utility facilities" means the plant, equipment and property including, but not limited to, the poles, pipes,
mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the
ground within rights-of-way and used or to be used for the purpose of providing utility or
telecommunications services.
"Unlicensed wireless services" means commercial mobile services that operate on public frequencies and
do not need an FCC license.
15.29.030 Exemptions.
The following are exempt from the provisions of this chapter and shall be permitted in all zones:
A. Industrial processing equipment and scientific or medical equipment using frequencies regulated by
the FCC.
B. Antennas and related equipment no more than three feet in height that are being stored, shipped, or
displayed for sale.
C. Radar systems for military and civilian communication and navigation.
D. Wireless radio utilized for temporary emergency communications in the event of a disaster„
E. Licensed amateur (ham) radio stations.
F. Satellite dish antennas less than two meters in diameter, including direct to home satellite services,
when used as a secondary use of the property.
G. Routine maintenance or repair of a personal wireless service facility and related
equipment(excluding structural work or changes in height, type or dimensions of antennas, towers, or
buildings); provided, that compliance with the standards of this chapter are maintained.
H. Subject to compliance with all other applicable standards of this chapter, a building permit application
need not be filed for emergency repair or maintenance of a personal wireless service facility until thirty
days after the completion of such emergency activity.
I. A COW or other temporary personal wireless telecommunications facility shall be permitted for a
maximum of ninety days in any three hundred sixty-five day period or during an emergency declared by
the city.
M
15.29.035 Modification of Existing Wireless Tower or Base Station.
Pursuant to 47 U.S.0 Section 1455(a), any request from an eligible facility for modification of an existing
wireless tower or base station, which modification consists of a request for co -location, removal, or
replacement of transmission equipment, that does not substantially change the physical dimensions of
such tower or base station shall be administratively processed and approved. This section states
provisions and procedures applicable to (a) requests for modifications that do not substantially change
the physical dimensions of an existing wireless tower or base station, and (b) requests for modifications
that substantially change the physical dimensions of an existing wireless tower or base station
A. Definitions. The following terms shall have the following meanings for purposes of this section:
(1) "Tower" is defined as any structure built for the sole or primary purpose of supporting FCC -
licensed antennas and their associated facilities.
(2) "Base station" is defined as a facility or structure consisting of radio transceivers, antennas,
coaxial cable, a regular and backup power supply, and other associated electronics, including a
structure that currently supports or houses an antenna, transceiver, or other associated
equipment that constitutes part of a base station, and encompasses such equipment in any
technological configuration, including distributed antenna systems and small cells.
(3) A "substantial change in the physical dimensions" occurs if:
(a) the mounting of the proposed antenna on the tower would increase the existing height
of the tower by more than 10%, or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed twenty feet, whichever is
greater, except that the mounting of the proposed antenna may exceed the size limits set
forth in this paragraph if necessary to avoid interference with existing antennas; or
(b) the mounting of the proposed antenna would involve the installation of more than the
standard number of new equipment cabinets for the technology involved, not to exceed
four, or more than one new equipment shelter; or
(c) the mounting of the proposed antenna would involve adding an appurtenance to the
body of the tower that would protrude from the edge of the tower more than twenty feet,
or more than the width of the tower structure at the level of the appurtenance, whichever
is greater, except that the mounting of the proposed antenna may exceed the size limits
set forth in this paragraph if necessary to shelter the antenna from inclement weather or
to connect the antenna to the tower via cable; or
(d) the mounting of the proposed antenna would involve excavation outside the current
tower site, defined as the current boundaries of the leased or owned property
surrounding the tower and any access or utility easements currently related to the site.
2
B. Application. Any eligible facility requesting modification of an existing wireless tower or base station,
which modification consists of a request for co -location, removal, or replacement of transmission
equipment, shall submit an application, on a form provided by the City, for a modification permit. The
application shall include the following:
(1) The name, address, signature and contact information of the applicant, and identification of
relationship to any FCC licensee of the affected facility;
(2) Site plan or schematic drawing showing the current location and dimensions of the wireless
tower and base station, drawn to scale;
(3) Site plan and schematic drawing, drawn to scale, showing the location and dimensions of the
requested modification to the wireless tower and/or base station;
(4) A computation and description of the proposed modification establishing whether or not such
modification constitutes a substantial change in the physical dimensions of the existing facility;
and
(5) Any other information deemed necessary or appropriate by the City to assist in the timely
processing of the application.
C. Review of Application Determirrgtion ofww ubstwitL., hangp. Within 45 days of receipt of a complete
application for modification, the administrator shall review and issue a written determination as to whether
the requested modification constitutes (a) a substantial change to the physical dimensions of an existing
wireless tower or base station, or (b) no substantial change to the physical dimensions of an existing
wireless tower or base station. The administrator may request additional information from the applicant or
any other entity to assist in this determination.
(1) Modification Permit — Finding of No Substantial Chan e. If the administrator determines
that such application establishes that such requested modification does not substantially change
the physical dimensions of an existing wireless tower or base station, he shall issue a
modification permit. Issuance of such modification permit shall authorize issuance of any
necessary and appropriate building permits to accomplish such modification, subject to payment
by applicant of applicable permit fees and compliance with applicable permit requirements.
Issuance of all required permits shall occur within 90 days after receipt and approval of a
complete application for a modification permit. The administrator may impose conditions
necessary to achieve compliance with the provisions of this section.
(2) Application—Finding of Substantial Change. If the administrator determines that such
application constitutes a substantial change to the physical dimensions of an existing wireless
tower or base station, he shall issue a written decision and deliver such decision to the applicant.
10
Any modification that substantially changes the physical dimensions of an existing wireless tower
or base station shall be subject to the applicable permit and application requirements of this
chapter.
D. Appeals. The decision of the administrator shall constitute an administrative decision subject to
appeal pursuant to Chapter 16.08 YMC.
15.29.040 Site selection criteria.
A. Any applicant proposing to construct an antenna support structure, or mount an antenna on an
existing structure, shall evaluate different sites to determine which site will provide the best screening and
camouflaging while providing adequate service to satisfy its function in the applicant's local grid system. If
the applicant proposes a site that does not provide the best opportunities for screening and camouflaging
then the applicant must demonstrate by engineering evidence why the facility cannot be located at the
site where it can be best screened and camouflaged and why the antenna must be located at the
proposed site. Further, the applicant must demonstrate by engineering evidence that the height requested
is the minimum height necessary to fulfill the site's function within the grid system.
B. Applications for necessary permits will only be processed when the applicant demonstrates either
that it is an FCC -licensed telecommunications provider or that it has agreements with an FCC -licensed
telecommunications provider for use or lease of the support structure.
C. Low power mobile radio service facilities shall be located and designed to minimize any significant
adverse impact on residential property values. Facilities shall be placed in locations where the existing
topography, vegetation, buildings, or other structures provide the greatest amount of screening.
D. In all zones, location and design of facilities shall consider the impact of the facility on the
surrounding neighborhood and the visual impact within the zone district. In all zones, towers shall be
significantly screened by placing them in trees to the extent that it does not result in significant signal
degradation.
15.29.045 IiMfircAinierika4y sensifive leGgionII �)rotected areas.aaaaaaa�
g areas are: (a) established federal, state or local historic districts or
historic district overlay zones; (b) proposed federal, state or local historic districts or historic district
overlay zones filed for record with the federal, state or local agency with jurisdiction (hereafter "pending"
historic district or overlay zones); (c) sites, buildings, structures or objects listed in the National Register of
Historic Places; (d) state and local wildlife refuges, and permanently protected archeological sites; and (e)
designated areas subject to preservation or protection through recorded conservation easement. Except
as provided in 15.29.050, antennas and antenna support facilities are not permitted in or within 8()03100
feet of anyarea.
11
15.29.050 Priority of locations.
The order of priorities for locating new personal wireless service facilities shall be as follows.
A. Co -locate antennas, towers and related structures on existing antennas, towers and facilities in
accordance with 15.29.080.
B. Place antennas and towers on public property as further described in 15.29.060 where such
antennas, towers and related facilities are disguised by camouflage and/or stealth measures approved by
the administrator.
C. Place antennas, towers and related facilities on appropriate rights-of-way and existing structures,
such as buildings, towers, and water towers, in the industrial and commercial zoning districts, where such
antennas, towers and related facilities are disguised by camouflage and/or stealth measures approved by
the administrator.
D. Place antennas, towers and related facilities on properties in the industrial zoning districts where
such antennas, towers and related facilities are sight -screened as approved by the administrator.
Antennas, towers and related facilities on properties in the industrial zoning districts, which proposed
antennas, towers and/or related facilities are located within 300 feet from residential zoned districts, shall
be approved by the administrator, subject to disguise by camouflage or stealth deemed appropriate by
the administrator. Antennas, towers and related facilities on properties in the industrial zoning districts,
which proposed antennas, towers and related facilities are located within &)03111011Q, feet from
area require a conditional use permit with camouflage or stealth
deemed appropriate.
E. Place antennas and towers in districts zoned Local Business District (B-2) and Large Commercial
Center (LCC), subject to the following conditions:
1. Antennas, antenna support structures and towers located within the Local Business District
(B-2) or Large Commercial Center (LCC) districts shall be placed, if possible, no closer than 300
feet from residential zoned districts Fixu�.�e �yru r juy� i .t('�,Niu r vti3O,6n z,,X)030O feet of P��i t u�weat4��w�mx�u�r�e,:�;�lll�fi
Vgxr,] area. An application to locate a new antenna, antenna support structure or
tower within the B-2 or LCC districts, and more than 300 feet from residential zoned districts and
more than 8i!03�;t0 feet fs���r�of -u r� �r, �o�r��� �Kl� ��UB;��� �-r.�r� ��b���� ae tadua�'a�.� l�� area may approved by
the administrator, subject to the administrator's approval of camouflage or disguise by stealth.
2. An applicant that wishes to locate a new antenna, antenna support structure or tower within
the B-2 or LCC districts, and within 300 feet from residential zoned districts or within 8r0f),`)00 feet
of arl a� area, shall demonstrate that a diligent effort has been
made to locate the proposed communications facilities on a site, private institutional structure, or
other appropriate existing structures more than 300 feet from residential zoned districts or more
than 8,00300 feet from � n� ,a-1 � ����-� �� i��ut0 ,�e ora rr �ir� iu� Po-..° rr �,i„-area, and that due to valid
considerations including physical constraints, and technological feasibility, no more appropriate
12
location is available. 11,4jk.4k i�ri T-
. ..........
..
&1�k,;ff�✓ IJ I!„I•�a�I;V���l���v rrGi[ �'0 a41ff�� d[I"kuA �db�k�4 i rlii� i
r�upr�ti�U�a��;,�! I�a�..�f ��kulini�ryu ate��Y�dEa��gR 4y VNba 4t��odi� i�aNiwad��rr� ����raa�,ol srl �,°;��r,�u���itk:;u�i tP.�.n��ir.�.VRtim
°.!��� f� u��utll�Hn a KA,LI �ucs � l iia �aiir ;t,� tah�l.R:� i, a Gd td1� f(u';.... �."a.��."u.`.".tyiu�tlr� ,#ulU,ttl�rria�tp:w
g'9 8d�ff 4� Yf�'
(""Pt 1 ,o N;s),h�'10 in P�f &�1 V t") ti a i, rO �C[Gi a,(J NPGfBu' �[a kl� it �d� �^ CV�OnV�[QYN� nV U �9SP 9YGrt��
.M ............. ...,.....,,... .. �� .�. I...., .,,�
F. Place antennas and towers in residential zoning districts or within 300 feet of residential zoned
districts, d&i�....&ia�i4�M?W�Gilh_ �_ieo: L("G' ��w�o..�, o.wli7�rr�C.V.�..a.".b(.�:�.u°ri.i..U,.$�iPua�..�.'.,subjectto
the following conditions:
1. An applicant that wishes to locate a new antenna support structure in a residential zone, or
within 300 feet of residential zoned districts, shall demonstrate that a diligent effort has been
made to locate the proposed communications facilities on a government facility, a private
institutional structure, or other appropriate existing structures within a nonresidential zone, and
that due to valid considerations including physical constraints, and technological feasibility, no
more appropriate location is available.
2. Applicants are required to demonstrate: (i) that they have contacted the owners of structures
in excess of thirty feet within a one-quarter mile radius of the site proposed and which from a
location standpoint could provide part of a network for transmission of signals; (ii) have asked for
permission to install the antenna on those structures; and (iii) were denied permission of use for
reasons other than the ability or refusal of the applicant to pay a market rate for use of the
alternative structures.
3. The information submitted by the applicant shall include (i) a map of the area to be served
by the tower or antenna, (ii) its relationship to other cell sites in the applicant's network, and (iii)
an evaluation of existing buildings taller than 30 feet, within one-quarter mile of the proposed
tower or antenna which from a location standpoint could provide part of a network to provide
transmission of signals.
4. The proposed antenna, tower and antenna support structure is camouflaged or disguised by
stealth.
G. Place antennas and towers in or within 0t3,30,0 feet of an a pigt���ctc�d area,
oU eir than Within the �,;.t^ and II C,C piu9�����"..h.rNu;9sut r s �.1;;,.�tw�� ���(�hui pn aa�..Alr E �,CY,���n i .m�¢����t� �subjectto the
following conditions:
1. Antennas and towers facilities proposed to be located in or within 800300 feet of an
established or pending federal, state or local historic district or historic district overlay, are
facilities that may affect districts, sites, buildings, structures or objects, significant in American
history, architecture, archeology, engineering or culture, that are listed, or are eligible for listing,
in the National Register of Historic Places. (See 16 U.S.C. 470w(5); 36 CFR part 60 and 800.).
13
Applicant shall comply with applicable provisions of the National Environmental Policy Act
(NEPA), including but not limited to the Environment Assessment provisions of 47 C.F.R.
1. 1307, et seq. and comply with any mitigations imposed therein.
2. An applicant that wishes to locate a new antenna support structure in or within 800,300 feet
of �'ir� a nml,Aaa+.d_ area, shall demonstrate that a diligent effort has
been made to locate the proposed communications facilities on a government facility, a private
institutional structure, or other appropriate existing structures or site outside and more than
8Ot,1°0 feet from m��a r;1 u' � 7��"�' �V.�iU7 �hb� kYe0 6ism� a..� r l a I�� �i area, and that due to valid
considerations including physical constraints, and technological feasibility, no more appropriate
location is available.
3. Applicants are required to demonstrate: (i) that they have contacted the owners of structures
in excess of thirty feet within a one-quarter mile radius of the site proposed and which from a
location standpoint could provide part of a network for transmission of signals; (ii) have asked for
permission to install the antenna on those structures; and (iii) were denied permission of use for
reasons other than the ability or refusal of the applicant to pay a market rate for use of the
alternative structures.
4. The information submitted by the applicant shall include (i) a map of the area to be served
by the tower or antenna, (ii) its relationship to other cell sites in the applicant's network, and (iii)
an evaluation of existing buildings taller than 30 feet, within one-quarter mile of the proposed
tower or antenna which from a location standpoint could provide part of a network to provide
transmission of signals.
5. Antennas and towers facilities proposed to be located in an established or pending federal,
state or local historic district, historic district overlay, or other Ukafly
area, are subject to review by the district's or organization's governing body or assigned
committee regarding recommendations for camouflage, stealth, and landscaped sight -screening
elements.
6.. The proposed antenna, tower and antenna support structure is disguised by stealth
structure or is camouflaged.
15.29.060 Siting priority on public property.
A. Where public property is sought to be utilized by an applicant, priority for the use of government-
owned land for wireless antennas and towers will be given to the following entities in descending order:
1. City of Yakima, except that any facilities proposed for location within the Airport Safety
Overlay (ASO) are further subject to the limitations and requirements of Chapter 15.30 YMC;
14
2. Public safety agencies, including law enforcement, fire and ambulance services, which are
not part of the city of Yakima and private entities with a public safety agreement with the city of
Yakima;
3. Other governmental entities, for uses that are not related to public safety; and
4. Entities providing licensed commercial wireless telecommunication services including
cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced
specialized mobilized radio (ESMR), data, internet, paging, and similar services that are
marketed to the general public.
B. Minimum Requirements. The placement of personal wireless service facilities on city -owned property
is subject to the discretion and approval of the city and must comply with the following requirements:
1. The facilities will not interfere with the purpose for which the city -owned property is intended;
2. The facilities will have no significant adverse impact on surrounding private property, or any
significant adverse impact is mitigated by screening, camouflage or other condition required by
city;
3. The applicant shall obtain adequate liability insurance naming the city as loss payee and
commit to a lease agreement that includes equitable compensation for the use of public land and
other necessary provisions and safeguards. The city shall establish fees after considering
comparable rates in other cities, potential expenses, risks to the city, and other appropriate
factors;
4. The applicant will submit a letter of credit, performance bond, or other security acceptable to
the city to cover the costs of removing the facilities;
5. The lease shall provide that the applicant must agree that in the case of a declared
emergency or documented threat to public health, safety or welfare and following reasonable
notice the city may require the applicant to remove the facilities at the applicant's expense.
Telecommunication facilities serving essential government services and other government
agencies shall have priority over other users.
6. The applicant must reimburse the city for any related costs that the city incurs because of
the presence of the applicant's facilities;
7. The applicant must obtain all necessary land use approvals; and
8. The applicant must cooperate with the city's objective to encourage co -locations and thus
limit the number of cell sites requested.
15
C. Special Requirements for Parks. The use of city -owned parks for personal wireless service facilities
brings with it special concerns due to the unique nature of these sites. The placement of personal
wireless service facilities in a park will be allowed only when the following additional requirements are
met:
1. The city parks commission has reviewed and made a recommendation regarding proposed
personal wireless service facilities to be located in the park and this recommendation has been
forwarded to the city council for consideration and approval;
2. In no case shall personal wireless service facilities be allowed in designated critical areas
(except aquifer recharge areas) unless they are co -located on existing facilities;
3. Before personal wireless service facilities may be located in public parks, visual impacts and
disruption of normal public use shall be mitigated;
4. Personal wireless service facilities may be located in public parks that are adjacent to an
existing commercial or industrial zone;
5. Personal wireless service facilities may be located in park maintenance facilities.
15.29.070 Required submittals and testing.
Required submittals include:
A. If the applicant is not the landowner, the landowner(s) shall be considered co-applicant(s) and shall
sign the application. If any applicant is a corporation, trust, association, or other organized group or legal
entity, it shall provide the date of such creation, and, if a foreign corporation, a copy of the certificate of
authority filed with the state of Washington, Secretary of State's Office.
B. An affidavit signed by the applicant, landowner (co -applicant), and the antenna support structure
owners, if different, indicating that:
1. They agree to dismantle and remove the WCF/antenna support structure and restore the
site to its approximate original pre -structure condition within the applicable time limits set forth in
YMC 15.29.120 following receipt of a letter from the city indicting that the facility is deemed
abandoned or in violation of this chapter; and,
2. In the case of freestanding /antenna support structures, they consent to co -location, at
reasonable terms, of as many antennas and related equipment as feasible, including those of
other communication providers, on the applicant's structure/site.
C. Complete application for conditional use permit, including State Environmental Policy Act (SEPA)
checklist.
16
D. A balloon test and photo -simulation as described in subsection F below are required for any
proposed antenna tower in or within 800 N4MD feet of ,�-rn rre�°✓H�� as i�i�r;r7a:�fllf� „ - � � rrr ,,a lu�r4� i�N� alp -area. The
balloon test shall be conducted prior to the hearing on the permit application. The purpose of the balloon
test is to enable the applicant, abutting and neighboring property owners, and the city to better
understand the height and visual impact of the proposed tower and antenna array and to provide useful
evidence for consideration before the hearing examiner on the permit application. A balloon test is also
required when an application for modification proposes a substantial change to the height of an existing
wireless facility. Advance notice of the date and time of the balloon test shall be provided to owners of
record of property within 8,00`,,00 feet of the balloon test site. Such notice shall be given in accordance
with the provisions of Chapter 16.05 YMC, and may be combined with notice of application. City will also
post notice at a location or locations deemed appropriate by the city within 800300 feet of the balloon test,
and will provide notice to the governing body of any affected historic district association or organization.
Additionally, and without limitation, the city may use any other means deemed advisable to provide
advance notice to the public.
E. Other related requests may include any combination of site plans, surveys, maps, technical reports,
or written narratives necessary to convey the information required by this chapter in addition to any
additional requirements of YMC Title 15, and other applicable ordinances;
F. A photo -simulation of the proposed facility from affected residential properties and public rights-of-
way at varying distances must be provided. Where a balloon test is required for proposed facilities in or
within 44n4d; iII0O feet of ;a � �N�an��� uur� r�� tii� k�� �U�rr� ,.,';.�>i.,, ��� h area., thea photos of the balloon test from
six locations located approximately three hundred feet from the base of the proposed tower and spaced
evenly in a circumference around the proposed tower shall be submitted within two weeks after the
commencement of the balloon test, f ,l_"rff Vor i,hOo ,x1�ruflatiol, ,s fo r proj{k)o ,eo trf.wei,S
in 4,A, v,,hffii v� 444444 t.)1, ,,iin, w 4hrw;r.,g�n�y
r,�$ 4➢rr.tsuiUr,ri��.ir,�f�4 f��:r�ei ori fro �rx�9iK:Nurr �r�,��rlrcr �ufJr�rr�x�r,oPr�� ,r�4p4n i��ra,rirr��.1-1�4r��r'4
ff','nV Il[e fl: 11 ��1d,9 �,YtlAl,l9,rs"J!� i6N�limC-4f ur14d,{ hlli°%4eh.°�, ;°Y"-6Yr41u :9�-vtbad ISq.1g� �i.xN64(4hir fr :Yf"ti R;hV'9i1,�'�iM1r.�+ :1k#�9l✓Yhra4 a ���4 V9
G. A site elevation and landscaping plan indicating the specific placement of the facility on the site, the
location of existing structures, trees, and other significant site features, the type and location of plant
materials used to screen the facility, and the proposed materials used to construct and color(s) of the
facility;
H. A signed statement indicating that (1) the applicant and landowner agree they will allow co -location
of additional personal wireless service facilities by other providers on the applicant's structure or within
the same site location, subject to good faith negotiation of compensation according to prevailing market
rates, and (2) the applicant and/or landlord agree to remove the facility within 60 days after abandonment;
I. Copies of any environmental documents required by any federal agency. These shall include the
environmental assessment required by FCC Paragraph 1. 1307, or, in the event that an FCC
17
environmental assessment is not required, a statement that describes the specific factors that obviate the
requirement for an environmental assessment;
J. A site plan clearly indicating the location, type and height of the proposed tower or antenna support
structure and antenna, accessory buildings, fencing, landscaping, topographic contours of the site at two -
foot intervals, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed
means of access, setbacks from property lines, elevation drawings of the proposed tower; and all other
items required in this chapter;
K. A current map and aerial showing the location of the proposed tower, a map showing the locations
and service areas of other personal wireless service facilities operated by the applicant, or sites acquired
by applicant for the benefit of, or on behalf of, any other personal wireless service facility operator, and
those proposed by the applicant that are close enough to impact service within the city;
L. Legal description of the parcel, if applicable;
M. The approximate distance between the proposed tower and the nearest residential unit, platted
residentially zoned properties, and unplatted residentially zoned properties;
N. A landscape and irrigation plan showing specific landscape materials and irrigation system;
O. Method of fencing, and finished color and, if applicable, the method of camouflage and illumination;
P. A letter signed by the applicant stating the tower will comply with all FAA regulations and EIA
Standards and all other applicable federal, state and local laws and regulations;
O. A statement by the applicant that the design of the tower will accommodate co -location of additional
antennas for future users;
R. The telecommunications company must demonstrate that it is licensed by the FCC if required to be
licensed under FCC regulations;
S. The applicant, if not the telecommunications service provider, shall submit proof of lease agreements
with an FCC licensed telecommunications provider if such telecommunications provider is required to be
licensed by the FCC; and
T. At the time of site selection, the applicant shall demonstrate how the proposed site fits into its overall
network within the city.
U. A map showing the location of any properties that are within I,.,00,"WO feet of the proposed site that are
;P4��w�ar�rasc�"91ulty a��^�A:ir��P�t��a
-areas.
18
15.29.080 Co -location.
To minimize adverse visual impacts associated with the proliferation of towers, co -location of personal
wireless service facilities on existing or new towers is encouraged as follows:
A. Proposed facilities may, and are encouraged to, co -locate onto existing towers. Such co -location is
permitted by right and a new or additional conditional use permit approval is not required, unless
additional height or dimensions are proposed that constitute a substantial change to the tower and/or
base station pursuant to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012,
except that co -location shall be accomplished in a manner consistent with the policy, site criteria, and
landscape/screening/camouflaging provisions contained in this chapter.
The applicant must submit detailed plans to the planning department to determine if the conditional use
can be waived and an administrative permit issued. No building permit will be issued until approval is
granted.
C. The city may deny an application to construct new facilities if the applicant has not shown by
substantial evidence that it has made a diligent effort to mount the facilities on an existing structure or
tower.
D. To reduce the number of antenna support structures needed in the city in the future, new proposed
support structures shall be designed to accommodate antennas for more than one wireless service
provider, unless the applicant demonstrates why such design is not feasible for technical or physical
reasons; or for aesthetic reasons necessary to preserve camouflaging or stealth structures in residential
or eav+r y-seas+t+ve�,LLgttd,_.ti_. -areas.
E. Unless co -location is not feasible: (i) an applicant's site plan shall reserve an area for other providers'
equipment near the base of the applicant's tower. A first right -of -refusal (which is either executed or
maintained while the providers personal wireless facilities and services are in use) to lease the area at the
base of the tower or mount for other providers will meet the reservation requirement; and (ii) the site plan
for towers must propose space for at least one comparable provider.
F. All personal wireless service providers or lessees or agents thereof shall cooperate in good faith to
accommodate co -location with competitors. If a dispute arises about the feasibility of co -locating, the city
may require a third party technical study, at the expense of the applicant to resolve the dispute.
G. While co -location and the requirements herein are encouraged, co -location shall not take
precedence over the construction of shorter towers with appropriate screening.
15.29.090 Design criteria.
A. As provided above, new facilities shall be designed to accommodate co -location, unless the
applicant demonstrates why such design is not feasible for economic, technical, or physical reasons.
B. All facilities shall comply with the following standards:
19
1. Setback. A tower's setback shall be measured from the base of the tower to the property
line of the parcel on which it is located. In residential zones or where a proposed tower is on
property abutting a residential use, towers shall be set back from all property lines a distance
equal to one hundred percent of tower height as measured from ground level. In all other zones,
or where a proposed tower site does not adjoin an existing residential use, towers shall be set
back a minimum of thirty feet. When making a decision on a variance application to reduce
setbacks, the hearing examiner shall consider the following:
a. Impact on adjacent properties, including viewsheds, shadowing, visual dominance of
the tower and base structures as seen from streets and rights-of-way, and historic integrity
of the neighborhood;
b. Alternative sites for personal wireless facilities; and
c. The extent to which screening and camouflaging will mitigate the effects of the
personal wireless facilities.
2. Right -of -Way Setback Exception. The setback requirement is waived if the antenna and
antenna support structure are located in the city right-of-way, provided the antenna is attached to
an existing utility pole and does not substantially increase the height of the utility pole and/or
extend above the utility pole by an amount determined to be a substantial modification pursuant
to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 and applicable
interpretations of the Federal Communications Commission . Wireless facilities attached to utility
poles are permitted in all zones subject to approval by the city in its sole discretion, and pursuant
to license or franchise agreements with the city.
3. Tower and Antenna Height. The applicant shall have the burden of demonstrating that the
tower and antenna is the minimum height required to meet the proven communications need. No
tower or antenna that is taller than this minimum height shall be approved. No tower or mount
together with antenna shall exceed sixty feet in all single-family, multifamily residential,
Downtown Commercial, and Professional Office zones or one hundred ten feet in other zones.
4. Tower Separation. In no case shall towers be located closer than five hundred feet from
another tower whether it is owned or utilized by applicant or another provider, unless the city
designates areas where multiple towers can be located in closer proximity. In residential districts
and II" Tr,i��na ota,i9ty-�, ;�'���oli�,�(')i xre nt ,(;,�,,�j areas, no tower shall be located closer than 1,500 feet
from another tower whether it is owned or utilized by applicant or another provider, unless the
city designates areas where multiple towers can be located in closer proximity.
5. Color. Towers shall have a dark color such as forest green, charcoal or dark brown,
depending on the surroundings or background that minimizes their visibility, unless a different
color is required by the FCC or FAA. Colors shall be maintained and repainted as necessary to
maintain original color, to repair fading through weathering, and to prevent flaking.
20
6. Lights, Signals and Signs. No signals, lights, or signs shall be permitted on towers unless
required or allowed by the FCC or the FAA. Should lighting be required, in cases where there
are residents located within a distance that is three hundred percent of the height of the tower,
then dual mode lighting shall be requested from the FAA.
7. Fencing. A well -constructed wall or wooden fence not less than six feet in height from the
finished grade shall be provided around each personal wireless service facility. Access to the
tower shall be through a locked gate. The use of chain link, plastic, vinyl, or wire fencing is
prohibited unless it is fully screened from public view by a minimum eight -foot -wide landscaping
strip.
8. Landscaping.
a. Landscaping. Landscaping, as described herein, shall be required to buffer personal
wireless service facilities to soften the appearance of the cell site. The city may permit any
combination of existing vegetation, topography, walls, decorative fences or other on-site
features instead of landscaping, if they achieve the same degree of screening as the
required landscaping. Wire fencing may be allowed if it is fully screened. If the antenna is
mounted flush on an existing building, and other equipment is housed inside an existing
structure, landscaping shall not be required.
b. Buffers. The visual impacts of a personal wireless service facility shall be mitigated
through landscaping or other screening materials at the base of the tower and ancillary
structures. The following landscaping and buffering shall be required around the perimeter
of the tower and accessory structures. Landscaping shall be installed on the outside of
fences. Further, existing vegetation shall be preserved to the maximum extent practicable
and may be used as a substitute for or as a supplement to landscaping requirements.
A row of evergreen trees a minimum of six feet tall at planting a maximum of six
feet apart shall be planted around the perimeter of the fence.
ii. A continuous hedge at least thirty-six inches high at planting capable of growing
to at least forty-eight inches in height within eighteen months shall be planted in front
of the tree line referenced above.
iii. An automatic irrigation system providing irrigation as needed according to plant
type, season and maturity of plantings.
iv. To guarantee required landscaping the applicant shall provide the city with a two-
year landscape maintenance guarantee on aGG9F ariGew4lh f,,OAGI84. 3 O(`Q.
v.. In the event that landscaping is not maintained at the required level after the two-
year landscape guarantee period, the city after giving thirty days' advance written
21
notice may maintain or establish the landscaping and bill both the owner and lessee
for such costs until such costs are paid in full.
9. Screening. Screening, camouflaging or otherwise integrating a telecommunications facility
into existing features on the site in order to make the facility as visually unobtrusive as possible,
shall take priority over increased height to accommodate co -location. A personal wireless
telecommunications facility shall be integrated through location and design to blend in with the
existing "character" of the site so as to be visually unobtrusive or screened. To be considered
screened the tower or mount shall be placed amongst and adjacent to (within twenty feet) of the
drip line of three or more evergreen trees at least seventy-five percent of the height of the facility.
To ensure the screening trees are preserved the following note shall be recorded on the property
title:
All trees within 50 feet of the telecommunications facility located on this property, which serve to
screen the telecommunications facility shall be retained for the life of the telecommunications
facility. Screening trees may only be removed if deemed diseased or dangerous by a certified
arborist. Before any trees can be removed a report from the certified arborist shall be submitted to
the City for review and approval. Unless approved by the City, only that portion of the tree
required to remove the hazard can be removed.
If located in or within 300 feet of a residential zoning district or in or within 1 fC feet of
established or pending federal, state or local historic district overlay zones, structures,
sites or objects listed in the National Register of Historic Places, state and local wildlife
refuges, and permanently protected archeological sites, camouflaging shall be
accomplished by designing the facility to look like surrounding evergreen trees or other
customary structures in the area.
10. Required Parking. If the cell site is fully automated, adequate parking shall be required for
maintenance workers. If the site is not automated, arrangements for adequate off-street parking
shall be made and documentation thereof provided to the city. Security fencing should be
colored or should be of a design which blends into the existing environment.
11. Antenna Criteria. Antenna on or above a structure shall be subject to the following.
a. The antenna shall be architecturally compatible with the building and wall on which it is
mounted, and shall be designed and located so as to minimize any adverse aesthetic
impact.
b. The antenna shall be mounted on a wall of an existing building in a configuration as
flush to the wall as technically possible and shall not project above the wall on which it is
mounted unless it must be for technical reasons. In no event shall an antenna project more
than sixteen feet above the roofline, including parapets.
22
c. The antenna shall be constructed, painted, or fully screened to match as closely as
possible the color and texture of the building and wall on which it is mounted.
d. The antenna may be attached to an existing conforming mechanical equipment
enclosure which projects above the roof of the building, but may not project any higher than
the enclosure.
e. If an accessory equipment shelter is present, it must blend with the surrounding
buildings in architectural character and color. Materials shall be brick, split face block,
horizontal siding, or similar high quality durable materials common to residential or
commercial buildings.
f. The antenna and any accessory buildings must be architecturally and visually (color,
size, bulk) compatible with surrounding existing buildings, structures, vegetation, and uses.
Such facilities will be considered architecturally and visually compatible if they are
camouflaged to disguise the facility.
g. Site location and development shall preserve the pre-existing character of the site as
much as possible. Existing vegetation should be preserved or improved, and disturbance of
the existing topography of the site should be minimized, unless such disturbance would
result in less visual impact of the site on the surrounding area. The effectiveness of visual
mitigation techniques must be evaluated by the city, in the city's sole discretion.
h. On buildings thirty feet or less in height, the antenna may be mounted on the roof if the
following additional criteria are satisfied:
i. The city finds that it is not technically possible or aesthetically desirable to mount
the antenna on a wall.
ii. Roof -mounted antenna and related base stations are completely screened from
view by materials that are consistent and compatible with the design, color, and
materials of the building.
iii. No portion of the antenna may exceed sixteen feet above the height of the
existing building.
i. For antenna attached to the roof or sides of a building at least thirty feet in height, an
existing tower, a water tank, or a similar structure the antenna must be either: An omni-
directional or whip antenna no more than seven inches in diameter and extending no more
than sixteen feet above the structure to which they are attached; or
A panel antenna no more than two feet wide and six feet long, extending above the
structure to which they are attached by no more than ten feet.
23
If the antenna is placed on the roof or above the top of a building, it shall provide a
minimum setback equal to the height of the panel antenna from the rooftop edge.
Antenna, antenna arrays, and support structures not on publicly owned property shall not
extend more than sixteen feet above the highest point of the structure on which they are
mounted. The antenna, antenna array, and their support structure shall be mounted so as
to blend with the structure to which the antenna is attached. The antenna and its support
structure shall be designed to withstand a wind force of one hundred miles per hour without
the use of supporting guy wires. The antenna, antenna array, and their support structure
shall be a color that matches the field or trim color of the structure on which they are
mounted.
j. Guy Wires Restricted. No guy or other support wires shall be used in connection with
such antenna, antenna array, or its support structure except when used to anchor the
antenna, antenna array, or support structure to an existing building to which such antenna,
antenna array, or support structure is attached.
k. If a proposed antenna is located on a building or a lot subject to a land use permit,
approval is required prior to the issuance of a building permit.
12. Equipment Structures,.
a. Ground level equipment, buildings, and the tower base shall be screened from public
view and from the view of abutting properties. The standards for the equipment buildings
are as follows:
b. The maximum floor area is three hundred square feet and the maximum height is
twelve feet.
c. Except in unusual circumstances or for other public policy considerations the
equipment building may be located no more than two hundred fifty feet from the tower or
antenna. Depending upon the aesthetics and other issues, the city, in its sole discretion,
may approve multiple equipment structures or one or more larger structures.
d. Ground level buildings shall be screened from view by landscape plantings, fencing, or
other appropriate means, as specified herein or in other city ordinances.
e. In instances where equipment buildings are located in residential zones, equipment
buildings shall comply with setback requirements and shall be designed so as to conform in
appearance with nearby residential structures, including building form, materials and color.
24
f. Roof -mounted. Equipment buildings mounted on a roof shall be designed to match and
be integrated into the exterior design and materials of the building. Equipment for roof -
mounted antenna may also be located within the building on which the antenna is mounted.
Equipment buildings, antenna, and related equipment shall occupy no more than twenty-
five percent of the total roof area of the building the facility is mounted on, which may vary
in the city's sole discretion if co -location and an adequate screening structure is used.
13. Federal Requirements. All towers must meet or exceed current standards and regulations
of the FAA, the FCC, and any other agency of the federal government with the authority to
regulate towers and antennas. If those standards and regulations are changed, then personal
wireless service providers governed by this chapter shall bring their towers and antennas into
compliance with the revised standards and regulations within three months of their effective date
or the timelines provided by the revised standards and regulations, whichever time period is
longer. The revised standards and regulations are not retroactively applicable to existing
providers, unless otherwise provided or permitted by federal law. Failure to bring towers and
antennas into compliance with the revised standards and regulations shall constitute grounds for
the city to remove a provider's facilities at the provider's expense.
14. Building Codes — Safety Standards. To ensure the structural integrity of towers, the owner
of a tower shall ensure that it is maintained in compliance with standards contained in applicable
city building codes and the applicable standards for towers that are published by the Electronic
Industries Association ("EIA"), as amended from time to time. If, upon inspection, the city
concludes that a tower fails to comply with such codes and standards and constitutes a danger
to persons or property, then upon notice being provided to the owner of the tower, the owner
shall have thirty days to bring the tower into compliance with such standards. If the owner fails to
bring its tower into compliance within thirty days, the city may remove the tower at the owner's
expense.
15. Structural Design. Towers shall be constructed to the EIA Standards, which may be
amended from time to time, and to all applicable construction/building codes. Further, any
improvements or additions to existing towers shall require submission of site plans stamped by a
professional engineer that demonstrates compliance with the EIA Standards and all other good
industry practices. The plans shall be submitted and reviewed at the time building permits are
requested.
No personal wireless service provider or lessee shall fail to assure that its antenna complies at
all times with the current applicable FCC RF Emission standards. After installation, but prior to
putting the antenna in service, each provider shall submit a certification by an independent
professional engineer to that effect. In the event that an antenna is co -located with another
antenna, the certification must provide assurances that FCC approved levels of electromagnetic
radiation will not be exceeded by the co -location.
25
16. Antenna Support Structure Safety. The applicant shall demonstrate that the proposed
antenna and support structure are safe and the surrounding areas will not be negatively affected
by support structure failure, falling ice, or other debris or interference. All support structures shall
be fitted with anti -climbing devices, as approved by the manufacturers.
15.29.100 Permits required.
In addition to the other provisions of this chapter the following permits are required unless otherwise
stated:
A. The following, which are subject to administrative review, approval and permit:
1. Modifications to eligible existing facilities pursuant to 15.29.035 and 15.29.080 that do not
constitute a substantial change; modifications that constitute a substantial change require a
variance;
2. Antennas, towers and related facilities located within or upon government-owned property or
structures where such antennas, towers and related facilities are disguised by camouflage and/or
stealth measures approved by the city;
3. Antennas, towers and related facilities located on appropriate rights-of-way and existing
structures, such as buildings, towers, and water towers, in industrial and commercial zoning
districts where such antennas, towers and related facilities are disguised by camouflage and/or
stealth measures approved by the city;
4. Antennas, towers and related facilities located within industrial zones of the city, including
proposed locations within 300 feet of residential zoned districts, where such antennas, towers
and related facilities are disguised by camouflage and/or stealth measures approved by the city;
5. Antennas, towers and related facilities located within the Local Business District (B-2) and
Large Convenience Center (LCC) zoning districts where such proposed site is (a) more than 300
feet from residentially zoned districts and more than feet from
gofV,,r1area, and (b) such structures are camouflaged and/or disguised by stealth
measures approved by the city.
V0�(, Af°., t ncouv m7i.gr,� nlyfa.i„ "uaul� rab s��� �gb�Pg i�i�u.4..:ktink w,,gg}��rrg g ,rw�gJl 161, I'lln Ra"',
ficuoml".,.and WiOJ'k o '300 frorn .Z..;,ne i sigs1tIct Wthirii 300 1ootr� a
t��g��r C�and �grti fig, ;�i,uiY 2;W��ay,�u^c4ig,ul ,g �luli`P�..gp„g ii,��ri Vi,.�.i_�M.,II�� cmumi �:J�is.0...i4r llc� m�u�s Np�mna }�i�g�u��msfii
�U tP..g.g.g,t
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34)iGil4YQ4V zoic,;t.„�.O..irr:irg
d It dY L iO mlidd IurnguJ .rati o.i.l�..�:..rir° iui�"JJ t"!!' !"y "'jN.,�on'I ";r�"v "J
�iiucidtg� uii+"...rvi���o�.....l. sg,a, gist rf'r iQrc � ,og��q f..c.,, o'� udk,g4ai,. `i�f 4�it �u kr��gqu� � l ru g r �nd
26
l�r�ur �(� a �b�kwr„r19..11.asr�,+�4 r',i L'ou'th' :rr����ed rp uKif ru4, i kuii wR ire lino h?k� ouPk� l� r���ir m uirta�aFM�a��Ur,
caquo u1,�i 1,1S'�iL IJ'( x ..u��@,ire, 1 t�'x..91Ar ! a;�!!ruruA'...10..'.�.;ln
ri1115 21) C170 in qtd , Y �.�3i i tl.!.""..... i kllin7 sh'alol iia?
��! ..........te'µ ,kll qu ig�IW R� ICI its
B. Except as set forth in subsection A above, a conditional use permit is required for all proposed
antennas, towers and related facilities.
C. Procedures governing variances are set forth in Chapter 15.21 YMC; provided, however, that the
criteria for variance approval shall be governed by the following provisions. A variance from the height or
area limit that constitutes a substantial change may be granted if the applicant can show by evidence that
the additional height is necessary to provide adequate service to the residents of the city and no other
alternative is available. When granting a variance the examiner shall require that a significant portion of
the tower and related facilities be screened by existing evergreen trees or existing structures.
1. The purpose of this subsection is to provide a means of increasing the maximum height of
tower and antenna in specific instances where the strict application of those limits would deprive
a tower or antenna operator from achieving the minimum height required to meet the proven
communications need.
2. The examiner shall have the authority to grant a variance from the maximum height allowed
for tower or antenna when, in his/her opinion, the conditions as set forth in subsection (3) herein
have been found to exist. In such cases a variance may be granted which is in harmony with the
general purpose and intent of this chapter.
3. Before a height variance can be granted, it shall be shown that the applicant demonstrates
all of the following:
a. That there is evidence that additional height is required to provide adequate service to
the residents of the city and that no other alternative is available;
b. That there are special circumstances applicable to the subject property such as shape,
topography, location, or surroundings that prevent the operator from achieving the
minimum height required to meet the proven communications need;
c. That the granting of such variance will not be materially detrimental to the public
welfare or injurious to the property or improvements in the vicinity;
d. That any visual impacts will be mitigated to the greatest extent possible using
camouflage or screening, including but not limited to strategic placement next to existing
P
buildings or vegetation or incorporation with architectural features of existing buildings or
structures;
e. That the location of the tower and antenna has been chosen so as to minimize the
visibility of the facility from residentially zoned land and to minimize the obstruction of
scenic views from public properties; and
f. That the variance is the minimum necessary to grant relief to the applicant.
4. The applicant has the burden of proving that the proposed variance meets all of the criteria
in subsection (13)(3) of this section, Decision Criteria.
5. The examiner may approve an application for a variance with additional requirements above
those specified in this title or require modification of the proposal to comply with specified
requirements or local conditions.
6. The examiner shall deny a variance if the proposal does not meet or cannot be conditioned
or modified to meet subsection (13)(3) of this section,
a. Project permit review procedures are specified in YMC Title 16, Administration of
Development Permit Regulations. The following table specifies the permits required for the
various types of personal wireless service facilities that meet the standards of this chapter:
Permit Table"
Co -location (No Substantial Change)
Co -location (Substantial Change)
New Tower (City -owned Property)
New Tower (Public Property)
New antenna (existing structures, industrial
28
Permit Required
Administrative Permit
Variance
Administrative Permit/Lease
Administrative Permit (with approval
of camouflage/stealth)
Administrative Permit (with approval
and commercial zoning districts)
New Tower (industrial zoning district,
more than 300 feet from residential zone
and more than 8(',10300 feet from oar-�f cu�rq��uanr�,�n;naiB
sensr ta.,/�i _area)
of camouflage/stealth)
Administrative Permit (with approval
of sight -screening)
New Tower (industrial zoning district,
Administrative Permit (with approval
within 300 feet of residential zone)
of camouflage/stealth)
New Tower (industrial zoning district, within
Conditional Use Permit
feet of;�afla,fii�srro.���ux��rllr,4���ukn��a�e';m��,Bs c_(area)
New Tower (B-2 or LCC zoning district,
Administrative Permit (with approval
more than 300 feet from residential zone and
of camouflage/stealth)
more than feet feet fror
area)
New
New Tower (B-2 or LCC zoning district,° uaiwzi�fnyaP,6 I dux �i I�+.���-n�u. f���w�i4ui�ru� ,�o��iuq
within 300 feet of residential zone or within
wamu4s i FiF
�`�kr�fr r1 4,P feet of area)
New Tower (within 300 feet of residential
zoning district,, ..mwoNhs n V'...6 ��� R„d m dvq�)
New Tower (within 80,t,.Y3(,jQ feet of
��•Y�u�-�r�u�����,��,� �y area
Conditional Use Permit
Conditional Use Permit
” Applicable permits include building permits and other permits required for installation.
15.29.110 Inspection requirements.
Within 60 days of any required safety inspection performed in accordance with EIA and FCC standards,
the facility operator shall file a copy of the report with the city. Each year after the facility becomes
operational the facility operator shall file with the city a copy of maintenance reports for the prior twelve
months. The applicant shall provide a financial guarantee in the form of a bond or other financial
instrument acceptable to the city in an amount sufficient to reimburse all costs associated with facility
removal should it be necessary.
29
15.29.120 Non-use/abandonment.
A. Abandonment. No less than thirty days prior to the date that a personal wireless service provider
plans to abandon or discontinue operation of a facility, the provider must notify the city of Yakima by
certified U.S. mail of the proposed date of abandonment or discontinuation of operation. In the event that
a licensed carrier fails to give notice, the facility shall be considered abandoned upon the city's discovery
of discontinuation of operation. Upon such abandonment, the provider shall have sixty days or additional
period of time determined in the reasonable discretion of the city within which to:
1. Reactivate the use of the facility or transfer the facility to another provider who makes actual
use of the facility; or
2. In the event that abandonment as defined in this chapter occurs due to relocation of an
antenna at a lower point on the antenna support structure, reduction in the effective radiated
power of the antenna or reduction in the number of transmissions from the antennas, the
operator of the tower shall have six months from the date of effective abandonment to co -locate
another service on the tower. If another service provider is not added to the tower, then the
operator shall promptly dismantle and remove the portion of the tower that exceeds the minimum
height required to function satisfactorily. Notwithstanding the foregoing, changes which are made
to personal wireless facilities which do not diminish their essential role in providing a total system
shall not constitute abandonment. However, in the event that there is a physical reduction in
height of substantially all of the provider's towers in the city or surrounding area then all of the
towers within the city shall similarly be reduced in height.
3. Dismantle and remove facility. If the tower, antenna, foundation, and facility are not removed
within the sixty-day time period or additional period of time allowed by the city, the city may
remove such tower, antenna, foundation, and related facility at the provider's expense. If there
are two or more providers co -locating on a facility, except as provided for in the paragraph
above, this provision shall not become effective until all providers cease using the facility.
At the earlier of sixty days from the date of abandonment without reactivating or upon completion of
dismantling and removal, city approval for the facility shall automatically expire.
15.29.130 Third party review.
Personal wireless service providers use various methodologies and analyses, including geographically -
based computer software, to determine the specific technical parameters of their services and low power
mobile radio service facilities, such as expected coverage area, antenna configuration, topographic
constraints that affect signal paths, etc. In certain instances, a third party expert may need to review the
technical data submitted by a provider. The city may require a technical review as part of a permitting
process. The costs of the technical review shall be borne by the provider.
30
The selection of the third party expert may be by mutual agreement between the provider and the city, or,
at the discretion of the city, with a provision for the provider and interested parties to comment on the
proposed expert and review its qualifications. The expert review is intended to address interference and
public safety issues and be a site-specific review of technical aspects of the facilities or a review of the
providers' methodology and equipment used and not a subjective review of the site that was selected by
a provider. Based on the results of the expert review, the city may require changes to the provider's
application. The expert review shall address the following:
A. The accuracy and completeness of submissions;
B. The applicability of analysis techniques and methodologies;
C. The validity of conclusions reached; and
D. Any specific technical issues designated by the city.
15.29.140 Conditional use permits — Procedures — Conditions for granting.
A. N)ralication. An application for a conditional use permit under this chapter shall be submitted
to the director of the city's community development department who shall review such application for
completeness and compliance with filing requirements under this chapter and applicable codes of the city,
in accordance with the provisions and procedures of YMC 1.43.090 and Title 16 YMC. Prior to issuing a
determination of completeness, the director shall have authority to request additional information and
reports from the applicant, including but not limited to third party review in accordance with YMC
15.29.130 and reports, surveys and tests as provided in YMC 15.29.070, when the director, in his or her
sole discretion, deems such additional information necessary or appropriate to make the application
complete, to address mitigation measures identified in SEPA, NEPA or other environmental reviews, to
address issues of site screening or other measures to mitigate impacts upon the surrounding
neighborhood, or to address any other impact to the life, health, safety or persons, or quiet enjoyment of
property, identified by the director as likely, with reasonable probability, to result from the proposed
project.
Upon the director's determination that the application is complete and in compliance with filing
requirements of this chapter, the director, in coordination with the hearing examiner, shall be responsible
for assigning a date for and assuring due notice of public hearing for each application, which date and
notice shall be in accordance with the provisions of Title 16 YMC.
B. Hearing Examiner. When considering an application for a conditional use permit, the hearing
examiner shall consider the applicable standards, criteria and policies established by this title as they
pertain to the proposed use and may impose specific conditions precedent to establishing this use.
(1) Before any conditional use may be granted, it shall be shown that:
31
(a) The proposed use will not be materially detrimental to the public welfare or injurious to the
property or improvements in the vicinity of the proposed use or in the district in which the
subject property is located;
(b) The proposed use shall meet or exceed the performance standards that are required in
the zoning district the proposed use will occupy;
(c) The proposed development shall be compatible generally with the surrounding land uses
in terms of traffic and pedestrian circulation, building and site design;
(d) The proposed use shall be in keeping with the goals and policies of the comprehensive
land use policy plan;
(e) All measures have been taken to minimize the possible adverse impacts, which the
proposed use may have on the area in which it is located.
(2) The conditions may:
(a) Increase requirements in the standards, criteria or policies established by this title;
(b) Stipulate the exact location as a means of minimizing hazards to life, limb, property
damage, erosion, landslides or traffic;
(c) Require structural features or equipment essential to serve the same purpose set forth
above;
(d) Impose conditions similar to those set forth in subsections (2)(b) and (2)(c) of this section
as deemed necessary to establish parity with uses permitted in the same zone in their freedom
from nuisance generating features in matters of noise, odors, air pollution, wastes, vibration,
traffic, physical hazards, and similar matters; provided, the hearing examiner may not, in
connection with action on a conditional use permit, reduce the requirements specified by this
title as pertaining to any use or otherwise reduce the requirements of this title in matters for
which a variance is the remedy provided;
(e) Assure that the degree of compatibility with the purpose of this title shall be maintained
with respect to the particular use on the particular site and in consideration of other existing and
potential uses, within the general area in which the use is proposed to be located;
(f) Recognize and compensate for variations and degree of technological processes and
equipment as related to the factors of noise, smoke, dust, fumes, vibration, odors, and hazard
or public need; and
32
(g) Require the posting of construction and maintenance financial security sufficient to secure
to the city one hundred fifty percent of the estimated cost of construction and/or installation and
fifteen percent maintenance of required improvements.
15.29.150 Conditional use permits — Effect of hearing examiner decision.
The decision of the hearing examiner on a conditional use permit shall be final and conclusive with right
of appeal to the city council in accordance with YMC 16.08.030.
15.29.160 Application form.
The director of the city's community development department may prescribe the form in which
applications are made for a conditional use permit and other applications authorized pursuant to this
chapter. The director may prepare and provide printed forms for such purpose and may prescribe the
type of information to be provided in the application by the applicant. No application shall be accepted
unless it complies with such requirements.
15.29.170 Filing fees.
The application for a conditional use permit shall be accompanied by a filing fee in the amount of
15.29.180 Notice of hearing — Conditional use permits.
Notice of all public hearings shall be given and prepared as required by Chapter 16.05 YMC.
15.29.190 Reapplication.
Upon final action as set forth in this chapter in denying an application for a conditional use permit, the city
shall not accept further filing of an application for substantially the same matter within one year from the
date of any final denial of an application.
15.29.200 Transfer of ownership.
A conditional use permit runs with the land; compliance with the conditions of any such permit is the
responsibility of the current owner of the property, whether that is the applicant or a successor. No permit
for which a financial security is required shall be considered valid during any time in which the required
financial security is not posted.
15.29.210 Vacation of permits.
A. Any conditional use permit issued pursuant to this chapter may be vacated upon approval by the
current landowner; provided, that:
1. The use authorized by the permit does not exist and is not actively being pursued; or
2. The use has been terminated and no violation of terms and conditions of the permit exist.
33
B. Requests to vacate a permit shall be made in writing to the zoning code administrator who shall
determine if the above conditions are present prior to authorizing the vacation. Vacation of any permit
shall be documented by the filing of a notice of land use permit vacation on a form provided by the
community development department with the city.
15.29.220 Violation — Penalty.
Compliance with the requirements of this code shall be mandatory. Any violation of the provisions of this
chapter shall be a misdemeanor subject to the penalties and remedies established in YMC 6.02.050.
Additionally, any violation of the provisions of this chapter, and any installation and/or operation of any
structure in violation of the provisions of this chapter, shall be deemed a public nuisance and violation
subject to penalties and remedies available under state law and city codes. The enforcement actions
authorized under this code shall be supplemental to those general penalties and remedies of Chapter
6.02 YMC and the public nuisance penalties and remedies available under state law and city codes.
34
f"O';`1. T[ IF
RECORD/FILE „�
DF,,,�&k
,;�
CITY OF YAKIMA PLANNING COMMISSION
FINDINGS OF FACT, AND RECOMMENDATION
Zoning Text Amendment to the City's Urban Area Zoning Ordinance Regarding
Communication Towers
August 7, 2013
WHEREAS, the City of Yakima, hereafter referred to as the "City" pursuant to RCW
36.70A.040 is required to plan under the provisions of the Growth Management Act; and
WHEREAS, pursuant to RCW 36.70A.130(1) the City is required to take legislative
action to review and revise its comprehensive plan and development regulations in
accordance with the Growth Management Act; and
WHEREAS, pursuant to RCW 36.70A.020, goals are set forth to guide the
development and adoption of comprehensive plans and adoption of development
regulations; and
WHEREAS, on April 2, 2013, the Yakima City Council, hereafter referred to as "the
Council" was informed by a group of citizens from the Barge Chestnut Neighborhood
Association that the City's Municipal Code (YMC) Title 15 Yakima Urban Area Zoning
Ordinance contained insufficient regulation to protect residential and historic
neighborhoods from the effects of siting and development of communication towers; and
WHEREAS, also on April 2, 2013, the Council declared an emergency six month
moratorium prohibiting the acceptance of any new applications for the development of
communication towers within the City while the City reviewed its regulatory controls on
siting standard, and set a public hearing for public input on the moratorium for May 21,
2013; and
WHEREAS, on May 21, 2013, the Council held the required public hearing, took
public input on the moratorium, adopted a resolution adopting findings of fact in support
of the moratorium regarding telecommunications towers and facilities, and directed staff
to prepare an appropriate ordinance; and
WHEREAS, on June 24, 2013, the City submitted a draft amendment to its Urban
Area Zoning Ordinance that proposes to establish an new chapter 15.29 Wireless
Communication Facilities, and State Environmental Policy Act (SEPA) Checklist, and
WHEREAS, pursuant to RCW 36.70A, and YMC 15.23.020, the YPC is authorized
to make a recommendation to the Council, for their review, consideration, and adoption
of development regulation amendments; and
Findings of Fact by the City of Yakima Planning Commission regarding an amendment to the City's
Urban Area Zoning Ordinance, YMC Title 15: Communication Towers 2013
WHEREAS, pursuant to City Ordinance #2004-14 and RCW 36.70A.130 (2) the
City followed its adopted public participation program, which included the following:
1. Twenty days of public comment starting June 27, 2013, and ending on July 17,
2013;
2. Posting on the City of Yakima's web site of the draft amendments on June 27,
2013; and
3. Published notice in a local newspaper of general circulation, and issued a press
release to local media on June 27, 2013; and
WHEREAS, pursuant to RCW 36.70A.106 notice of all amendments to the City's
development regulations were sent to the Washington State Department of Commerce
prior to the amendments being considered for adoption; and
WHEREAS, pursuant to the State Environmental Policy Act (SEPA) WAC 197-11
and YMC 6.88, and prior to the Commission's hearing, the City retained its
Determination of Non -significance (DNS) on the proposed zoning ordinance
amendments on July 19, 2013, and
WHEREAS, an open record public hearing regarding the proposed text
amendments occurred on August 7, 2013, where all persons desiring to comment on the
proposed amendments were given a full and complete opportunity to be heard; and
WHEREAS, the Commission following public comment and deliberation reviewed
and revised staff's recommended amendments; and those proposed revisions were
approved by staff; and
NOW, THEREFORE, BE IT RESOLVED by the Commission that, in making the
hereinabove recommendation, that these proposed amendments to the YMC Title 15
Yakima Urban Area Zoning Ordinance have been sufficiently considered, and the
Commission hereby enters the following Finding of Fact:
FINDINGS OF FACT
1. Pursuant to the provisions of Chapters 36.70 and 36.70B RCW the
Commission has the legal authority to make a recommendation concerning
the adoption of official controls that implement comprehensive plans.
2. The Commission held the required public hearing on August 7, 2013, where
the Commission considered that proposed ordinance and suggested various
changes to the draft ordinance which were incorporated and approved.
3. The Commission finds that the proposed amendments will have the following
benefits:
Findings of Fact by the City of Yakima Planning Commission regarding an amendment to the City's
Urban Area Zoning Ordinance, YMC Title 15: Communication Towers 2013 2
a. Enhance the ability of personal wireless service providers to provide
services throughout the city quickly, effectively, and efficiently;
b. Encourage personal wireless services providers to locate towers and
antenna in nonresidential areas;
c. Encourage personal wireless service providers to co -locate on new
and existing tower sites;
d. Encourage personal wireless service providers to locate towers and
antennas, to the extent possible, in areas where the adverse impact
on the city residents is minimal;
e. Encourage personal wireless service providers to configure towers
and antennas in a way that minimizes any significant adverse visual
impacts; and
f. Provide for wireless communications needs of governmental entities.
4. The Commission finds that the City provided timely public participation in
consideration of the proposed amendments, consistent with RCW
36.70A.140, WAC 365-195-600, and its adopted Public Participation
Program Guidelines.
5. The Commission considered public testimony related to the proposed
amendments.
6. The Commission concurs with the retention of Determination of Non-
significance (DNS) that was issued on July 19, 2013, for the proposed
amendments.
7. The Commission members present voted__ to to recommend
approval of the proposed code as set forth in Attachment "A".
8. The Commission's recommendation is consistent with and implements the
City's Comprehensive Plan goals and policies.
RECOMMENDATION
It is for the above reasons that the Commission recommends that Council adopt
the attached Telecommunication Tower ordinance Amendments to the City's
YMC Title 15 Yakima Urban Area Zoning Ordinance with a revision date of
August 7, 2013.
Motion
Based upon the findings outlined above, it was moved and seconded that the City of
Yakima Planning Commission recommends APPROVAL of the submitted Zoning
Ordinance amendments. The motion was carried by a unanimous vote.
Findings of Fact by the City of Yakima Planning Commission regarding an amendment to the City's
Urban Area Zoning Ordinance, YMC Title 15: Communication Towers 2013 3
Benjamin W. Shoval, Chairman
Yakima Planning Commission
Date
Findings of Fact by the City of Yakima Planning Commission regarding an amendment to the City's
Urban Area Zoning Ordinance, YMC Title 15: Communication Towers 2013
Chapter 15.29
WIRELESS COMMUNICATIONS FACILITIES
Sections:
15,29,010
Purpose,
15.29.020
Definitions,
15,29.030
Exemptions
15.29 035
Modification of Existing Wireless Tower or Base Station,
15.29.040
Site selection criteria.
15,29.045
Protected areas.
15.29,050
Priority of locations
15.29.060
Siting priority on public property.
15 29.070
Required submittals and testing„
15.29.080
Co -location
1529,090
Design criteria.
15.29.100
Permits required.
1529110
Inspection requirements.
15.29.120
Non-use/abandonment,
15.29.130
Third party review,.
15.29.140
Conditional use permits — Procedures — Conditions for granting,
15.29.150
Conditional use permits — Effect of hearing examiner decision,
15.29.160
Application form.
15.29,170
Filing fees.
15.29.180
Notice of hearing — Conditional use permits.
15.29.190
Reapplication,
1529.200
Transfer of ownership.
15.29.210
Vacation of permits.
15.29.220
Violation — Penalty,
fS,'r49 ",io
l elk ' ajv�.,i l::Xeinnpf of I
15.29.010 Purpose.
A. The purpose of this chapter is to establish general guidelines for the siting of towers and antennas.
The goals of this chapter are to:
1. Enhance the ability of personal wireless service providers to provide such services
throughout the city quickly, effectively, and efficiently;
1
R1 R ':t I ff:
R;EC'OR:tt / FILE
Formatted-.'Une sp.1!'19 1,5 lines
2. Encourage personal wireless service providers to locate towers and antenna in
nonresidential areas;
3. Encourage personal wireless service providers to co -locate on new and existing tower sites;
4. Encourage personal wireless service providers to locate towers and antennas, to the extent
possible, in areas where the adverse impact on city residents is minimal;
5. Encourage personal wireless service providers to configure towers and antennas in a way
that minimizes any significant adverse visual impact; and
6 Provide for the wire IPCC rnmmi iniratinnc nPPrIC of nnvarnmPnfalnntitiac
Accordingly, the city council finds that the promulgation of this chapter is warranted and necessary:.
1. To manage the location of towers and antennas in the city;
2. To protect residential areas and land uses from potential adverse impacts of towers;
3. To minimize adverse visual impacts of towers through careful design, siting, landscape
screening, and innovative camouflaging techniques;
4. To accommodate an increased need for towers to serve the wireless communications needs
of city residents;
5. To promote and encourage co -location on existing and new towers as an option rather than
construction of additional single -use towers, and to reduce the number of such structures
needed in the future;
6. To consider the public health and safety of towers to the extent permitted by the
Telecommunications Act of 1996; and
7, To avoid potential damage to adjacent properties through sound engineering practices and
the proper siting of antenna support structures.
B. New Uses. All new antennas shall comply with this chapter after the effective date of the ordinance
codified in this chapter.
C, Existing Uses. All towers and antennas existing on the effective date of the ordinance codified in this
chapter that are not in compliance with this ordinance shall be allowed to continue as they presently exist,
but will be considered nonconforming uses. Routine maintenance shall be permitted on existing towers
and antennas. However, new construction other than routine maintenance on existing towers, antennas,
buildings or other facilities shall comply with the requirements of this chapter.
N
1. These standards were developed to protect the public safety and welfare, to protect property
values and minimize visual impact while furthering the development of enhanced
telecommunication services in the city and providing for wireless communications necessary for
governmental purposes These standards were designed to comply with the
Telecommunications Act of 1996. The provisions or 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 unreasonably discriminate between
providers of functionally equivalent personal wireless services
2. To the extent that any provision of this chapter is inconsistent or conflicts with any other city
ordinance this chapter shall control, Otherwise, this chapter shall be construed consistently with
the other provisions and regulations of the city,
I The city shall approve, approve with conditions, or deny the application in accordance with
the time frames set forth in Title 16 YMC, Administration of Development Permit Regulations,
and in accordance with other applicable ordinances.
15.29.020 Definitions.
For the purpose of this chapter, the following terms shall have the meaning ascribed to them below:
"Abandonment" means to cease operation for a period of sixty or more consecutive days,
"Administrator" means the director of the city's department of community development and his or her
designees,
,'Antenna" means any exterior apparatus designed for telephonic, radio, data, internet, or television
communications through the sending and/or receiving of electromagnetic waves, and includes equipment
attached to a tower, structure or building for the purpose of providing wireless services, including
unlicensed wireless telecommunications services, wireless telecommunications services utilizing
frequencies authorized by the Federal Communications Commission for "cellular," "enhanced specialized
mobile radio" and "personal communications services," telecommunications services, and its attendant
base station.
"Antenna height" means the vertical distance measured from the base of the antenna support structure at
natural grade to the highest point of the structure even if said highest point is an antenna. Measurement
of tower height shall include antenna, base pad, and other appurtenances and shall be measured from
the natural grade of the parcel at the lowest elevation point of the support structure's perimeter, "Antenna
support structure" means any pole, telescoping mast, tower, tripod, or other structure which supports a
device used in the transmitting or receiving of radio frequency signals..
11=010 1=111M I I
Deleted: "Affiliate" means a person that
(directly or indirectly) owns or controls, is owned
or controlled by, or is under common ownership
or control with another person. .
^. w IW0
Deleted: personal
"Applicant" means any provider or any person, partnership, company, or government agency that files an
application for any permit necessary to install, maintain, or remove a personal wireless service facility
within the city.
"Balloon test" means ,A test fora ire, e,, ooriable, poria d of tiinno to fly, ¢air r.aisme uiporu rr tr uu,towow aarwy I ruoa;lt, as
0ouigh ly colorcGd boolloon Vlilaf.is, I r trreseirota lve ui7,'osr. SII„4Pmo� uinitueall ainifciii is ay rest dudirk(t all Aand offs, at
ttni"a, iriiaxinilu,ulrn height of the, aproposed teowrrz.r�._, No trees shall be removed to conduct the balloon test.
"Base station” is defined as a facility or structure consisting of radio transceivers, antennas, coaxial
cable, a regular and backup power supply, and other associated electronics, including a structure that
currently supports or houses an antenna, transceiver, or other associated equipment that constitutes
I
part of a base station, and encompasses such equipment in any technological configuration, including
distributed antenna systems and small cells.
V
f "'trilioutl au,p:w ti.uaiaans to mullmlize r,.Idvr ,or a , tla¢ fwo ;oiragP �w„urru�,i"oleos Ir � r¢,tPriw,, 4ararl„frdxutar°l�w;,V;auli9rllAiof;a.,.
" _ a t , , Lsndniug aind uuo gei i"e i� allly Ohre >eame,, aairo �a oar„ fin ue qUE,' le.d� or afii an of
arty rut ua a oar ulukur,� Woof aaai.reo6 taaa,ui raw .......
such,,�aicrsta_
V mcof using the , deastviSfIalllly and xtuy,irally
raalIly of roiinfl en claally iemarp.aet c.aallallc. undertlhc facts aaind
uu'u4u�rr uvea aaculluPy that is irroaat Pcf I lirwale.�ogia
cli cuano„taunces, V Iluaw. to rin includes, warlittiolt.d fin -M att oim (a) nie use of stmelloua s, dereauqua, COiCirs,
a arYdrate; with rn r�,�h tlnrg �tt,traprguu dl�rf is nol a
frwle,�a ap,r�u„rd roto aarmml ugrn a"w ��s atnl nt�,�„awR oa�lrur., naa° ua'aH h
ulrCsula.ryasha;,uae leower _0)) a kaerr_rtnent of a w l[relr.ys f cilitypo yoatgtrul f a',r,. of Wrlllaun grpa xistinypjv w"rraw
wrolilct urd, tr„.a ^Mfft Notre s” in v<M1rlfaoalh11 tlP e ranl[enuoa or ofiha.r_r bele m,-, faacIlltyc:aanipo it-fient !is dlsguiised or
u.ouiruoea<u c.et Minn a
truichAiie, de,silgne,d to apppar as aairfloth elf slpr uctu iie Csu. das a,chuuirch steeple pile fnI
fl➢agp ole)_ eau_rinoth(q mifltoral >foulli (sua.9)gas °ra pr,.e rock or fAh(,f n atlrt„al to :18wou, )_ o.ut°.lof tapt puleap.a°cuaaenl._of as
opua.tia; t q�;rrory op aaAnoitu,artw;rlit urw,ru•w8, oraoauoI d ;tote, yr Wfit. me, rwaf ogl phy wui d axi%lluat Imes, I arra. sc� aapnllg,
syr euaarrran twr c,..�,0 sgf9,,,.,jpd tsolms Ot lhe^ har:flity So 9h�at ",ric f i,i tqy or,sq]l!s9fcaars"qty st.reerlio tt hoit, v
raw desk to rugs>o wuhdea r'ou blond wwrrllo skin oundinq naatmi al feaatitnes
Deleted: a test for a reasonable period of time,
not less than three consecutive workdays,
whereby a balloon of sufficient size to replicate
the size of the top of a proposed tower and
antenna array is tethered to the ground at the
location of the proposed base for a pending new
tower application and the balloon is suspended
at the height that replicates the height of the
proposed tower and antenna array.
Deleted;
Deleted: "Camouflaged" means a personal
wireless service facility that is disguised,
hidden, or integrated with an existing structure
that is not a monopole or tower, or a personal
wireless service facility that is placed within an
existing or proposed structure, or new structure,
tower, or mount within evergreen trees so as to
be significantly screened from view, or designed
to resemble surrounding natural features
Formatted: Line spa rn!g; 1 5 lines
Formatted: Font:(Defaupt) Arial, 10
1 -1111111-11111............
"Cell site” or "site" means a tract or parcel of land that contains wireless service facilities including any
- - w a ¢t
antenna, support structure, accessory buildings, and parking, and may include other uses associated with Deleted: personal
and ancillary to personal wireless services
"City” means the city of Yakima.
"City property" means all real property owned by the city whether in fee ownership or other interest.
"Co -location” means the use of a personal wireless service facility or cell site by more than one pireless
service provider. Deleted: personal
4
,"Cornrnerc4ll uniprar;ticahuliiy or. °corru ner¢:irally imp.zrac:ticablc" means the. inabiliry to pertorun an act on
l.c,rrns that are us. i;aa"mahle apt a rprtirrua.rrrw, hho t ruse err occirrrenco' of vrrhiCh a,oauld nol. have her^irr Format
_ _ _ ted: Font QG,efaulk) Arial, 10 pt I
ep o,rnrttrpy Ftaugrr apa¢rttiwul aao, rq,rrm pa,a ti ''H l tl al rape riada,;a,,,IN, Ny',iin ia[ r, SGt(acy of;M Csitalai r p, Ilhe ii abs luly
to achieve a s, IfiIsfocpurry foaaancia0 retlarn cur invc,stm,enit or trr,ofV atandaIng Alone,, shall not dee: in a >otu,tpicru Formatted: Default Spina«r After: 0 pt,
F7
spacaarog 1 5 lines Font Alurpnment
to b cornirnerafitfp_ornaaiiacfucable'" r-gnd shall nop render an act or th€: terms of, do agrremerll `coiUarcunrc.ially 'Adriaa
ilmp rac;tig;,rrltrllE^..".
iouu0000u
g w� w w� w i ul�w�u
"Conditional use permit" or "CUP" means a process and approval as described in this chapter and in YMC ( Formatted: Font:
Title 15, Yakima Urban Area Zoning Ordinance
"COW" means "cell on wheels." A cell on wheels or other temporarypireless communications facility. «,fu ion P , -
_ .... ._ .. _. .. J Deleted
"Design" means the appearance ofyvireless service facilities, including such features as their materials, ..
colors, and shape, ri
Deleted: personal
"EIA" means the Electronics Industry Association,
"Equipment enclosure" means a structure, shelter, cabinet, or vault used to house and protect the
electronic equipment necessary for processing wireless communication signals. Associated equipment
may include air conditioning, backup power supplies and emergency generators.
"Excess capacity" means the volume or capacity in any existing or future duct, conduit, manhole,
handhold or other utility facility within the right-of-way that is or will be available for use for additional
telecommunications facilities.
"Facilities" means all of the plant, equipment, fixtures, appurtenances, antennas, and other facilities
necessary to furnish and deliver telecommunications services and cable television services, including but
not limited to poles with crossarms, poles without crossarms, wires, lines, conduits, cables,
communications and signal lines and equipment, braces, guys, anchors, vaults, and all attachments,
appurtenances, and appliances necessary or incidental to the distribution and use of telecommunications
services and cable television services.
"FCC" or "Federal Communications Commission" means the federal administrative agency, or lawful
successor, authorized to regulate and oversee telecommunications carriers, services and providers on a
national level.
"Governing authority" means the city council of the city of Yakima.
"Governmental entity" means the state of Washington, Yakima County, the city, municipally owned Deleted: "Grantee" means both licensees and
franchisees granted certain rights and
utilities, and special purpose districts including the school, fire and library districts obligations as more fully described herein.
,"Hearings examiner" means the duly appointed hearings examiner of the city. Deleted: "Modification" means the changing of
any portion of a personal wireless service
facility from its description in a previously
approved permit. Examples include, but are not
limited to, changes in doskgn .
5
,`Moditucafirr n" or "rmnodufy" rrneans ffie. addition, ueunnovali ou clhange., of aruy of tlho pl9y ua al anmN vusoa<aOUy
Formatted: Font:QfY �0
lr�.�a,r,iun�ntsta°sot t atu:rya;,umt,� rru npwrep,d ret,u n;>k nura.ln:�,.w,» t�:rr61r f t°durC:�r ur,a b t";rtl'�Igt9fp r:roln dpo,hnrr"in0 stn ^ifr:n'� ����m w s
1 _ ur,te uf_
efautt� Arial, 10
GAP p t y, t t s _ 1
Ku!#mrunlly fir,,r.urw�.rfaGr amona N a a
Icpifropo ne i*,,,, l�+rX9 iar�ni4.vrl�alr cr is „ flr'rrS�lnu`nlup annla�,ld"o arnnu�pg rade or �chan��rnr�� A art a grnpan ieirnt for better or fn�uooe Formatted: Line spacing 1 5 lines
modern equiitaunu,ent, Adding a new Mreiess carneii or service providerto, a tci¢ asoIrnzirrou.urnucpf6cPms, aolw-eir_lo-,
tellecorrumUni'icatlioris site as a ca: crcallorn is a rm�odifiicarliointis imodfifiic atlon ": haH not include the
our fla cr.lm rzl of ,u ly components of ;m_,rwnru,0r.s:,_hicdity'tir hurry Vl�t���p¢.9pira�.u.�rwng srC r� auan�;,prltr,nl tra the cculh�rr:anent
tan.Mgrngq ratrl f•t:tfart or Erni imy nuuill s lha't_narvr.rlve flan„ rnrwrsra rl cem,b tpi sut,tnvninteunairwe of a awivedes^s
teipcor nrrnunllcafian„t_faa.utity w i frrurl adding, unampvjng_e:rf aanarn,ging anything.
"Mount" means the structure or surface upon which personal wireless service facilities are mounted.
There are three types of mounts:
A. Building Mounted. A personal wireless service facility mount fixed to the roof or side of a
building,
B. Ground Mounted. A personal wireless service facility mount fixed to the ground, such as a
towe r.
C. Structure Mounted. A personal wireless service facility fixed to a structure other than a
building, such as light standards, utility poles, and bridges.
"Occupy" means to construct, install, maintain, own, or operate telecommunications facilities located
within city rights-of-way, The mere passage of electronic signals over, under, or through rights-of-way via
telecommunications facilities owned by another telecommunications provider does not constitute
occupying the rights-of-way.
"Overhead facilities" means utility facilities and telecommunications facilities located above the surface of
the ground, including the underground supports and foundations for such facilities.
"Person" means corporations, companies, associations, joint stock companies, firms, partnerships, limited
liability companies, other entities and individuals,
shall be defined wireless the same manner as niT Title 47tiUSC Section 3n32(c)srjpd'"facilities" used in this title �� -�t � j oi- •-,t
(7)(C), as they may be amended peteted: per,. naal
now or in the future, and includes facilities for the transmission and reception of radio or microwave
signals used for communication, cellular phone, personal communications services, enhanced T.10��dnd
specialized mobile radio, and any other wireless services licensed by the FCC and unlicensed wireless
services.
"Protected areas" are: (a) established federal, state or local historic districts or historic district overlay
zones; (b) proposed federal, state or local historic districts or historic district overlay zones filed for record
with the federal, state or local agency with jurisdiction (hereafter "pending" historic district or overlay
zones); (c) sites, buildings, structures or objects listed in the National Register of Historic Places; (d) state
and local wildlife refuges, and permanently protected archeological sites; and (e) designated areas
subject to preservation or protection through recorded conservation easement.
"Provider" means every corporation, company, association, joint stock company, firm, partnership, limited
liability company, other entity and individual that provides personal wireless service over„wireless service
facilities.
and rk� ury(f l„uk ;, ecik>der�wa 1,U7r r�. tuh�u;�,�ag ,kHj,�mi ,uriy r;rrkr ksr rro �rrl, of a Wiu,r,lk"ns's f�ga�,whfy ��1,uk�^k�. Cirri
re'placc„ nr,:la& r$ irdcaastaanarp Itw_ %dier.aaruap'aearw it tic,:araq aop kii(xad „�ar° dor ,,my anr_ iers tdro�,A involhng', Me nortrn,fl aa.lp'uair
and rnairatr cram ¢ of a wirmessfacdilv wilhoul Me ,rda:fitaa'roru rasrrv.w al or of anv of ffie vAivsk.al or
yu twauidy r;N,w ,r.r.uu� at, l c,(mipac,tnr fres a^,f„asl:x,,,cts of a wm', less f�",Ipity tlr„;rl will add trr_Hie Osible raprleaWu rutr.r* of
ii;ar N,`aaGkCyfvari°rwdant.wllrrp�c.pieMrf[)c,�W>
"Rights-of-way” means land acquired or dedicated for public roads and streets, as further defined in
15.02.020, but does not include (a) land dedicated for roads, streets, and highways not opened and not
improved for motor vehicle use by the public; (b) structures, including poles and conduits, located within
the right-of-way; or (c) federally granted railroad rights-of-way acquired under 43 USC, Section 912, and
related provisions of federal law, that are not open for motor vehicle use.
"Right-of-way use permit” means the authorization by which the city grants permission to a service
provider to enter and use the right-of-way at a specific location for the purpose of installing, maintaining,
repairing, or removing identified facilities.
"Screening” means a continuous fence and/or evergreen landscaped planting that conceals the property it
encloses.
"Service provider” means every corporation, company, association, joint stock association, firm,
partnership, person, city, or town owning, operating or managing any facilities used to provide and
providing telecommunications or cable television services for hire, sale, or resale to the general public.
Service provider includes the legal successor to any such corporation, company, association, joint stock
association, firm, partnership, person, city or town.
" rna9l ceill nn ainsloyw-po wered radio access nodes that op e,rate in fiifensed urull0ce nsed slpecaruuirn
W I pa ry+a.-;,qp p ptpcf pr(,d„tf,aa t„ke r ,tau Y_cac taudiwp7;rr1„r„ , r„`ufr7¢pr ra^ri irro „a,tponngwpft nw,arrcur c>lp,w Wn r ii,rrpprplatl, dtw ap a
rraroq a o a tow tens of dsropraml tree w�mrnrali c;cll to oforaaaB¢agly as°�rpuriruaaau.d aQl;t,� �ararlarolw� cdrakw^a otfdratrudurur� �� 4a
r'Yne ans to aaduevr,._p1l0re t ifi uu rtj �a�an, i.rf r�cGrr � .�pwau��kru.iaM Suardah cell's , s{�r�uu, r 7Bl�ro aj,rtraa c Me a iall su e, r,,Ou s,
and place Ow c.eflsutes cllss_eu to each other, ut.;ro ltad"rg_ uac a iasur derasn Ily paacked— nc twst_k of auroaa�(y.r a-e-)lls,
Outdoor s,mallll ceillls prorprudq ferntoci,,As, poicacneIt , and ua6c roma& s,
Deleted: a tl
ul� j ��F!.matted: Font pefaruttp Arial, 10 pt
Formatted: Line spacarug: 1.5 lines t
"State" means the state of Washington,
"Surplus space" means that portion of the usable space on a utility pole which has the necessary
clearance from other pole users, as required by the orders and regulations of the Washington Utilities and
Transportation Commission, to allow its use by a telecommunications carrier for a pole attachment.
"Secondary use" means a use subordinate to the principle use of the property, such as commercial,
residential, utilities, etc,
"Security barrier" means a wall, fence, or berm that has the purpose of sealing a personal wireless
service facility from unauthorized entry or trespass.
'Telecommunications carrier' includes every person that directly or indirectly owns controls, operates or
manages plant, equipment or property within the city, used or to be used for the purpose of providing
telecommunications services to locations outside the city..
"Telecommunications service" means transmission of information, except cable television service, by
wire, radio, optical cable, electromagnetic, or other similar means, for hire, sale, or resale to the general
public. For the purposes of definition "information" means knowledge or intelligence represented by any
form of writing, signs, signals, pictures, sounds, or any other symbols, Telecommunications service
excludes the over -the air transmission of broadcast television or broadcast radio signals, facilities
necessary for governmental purposes. The city shall act on an application within a reasonable period of
time, taking into account the nature and scope of the application, Any decision to deny an application
shall be in writing, supported by substantial evidence contained in a written record. The city shall approve,
approve with condition, or deny the application in accordance with the time frames set forth in spedfic
e¢, ,Irons of_tftl _YMC Title 16, Administration of Development Permit Regulations, and in
accordance with other applicable ordinances..
"Telecommunications service provider" includes every person that directly or indirectly owns, controls,
operates or manages plant, equipment or property within the city, used or to be used for the purpose of
offering telecommunications services, except cable television service, to residents, businesses or other
locations within the city,
"Tower" means any structure that is designed and constructed primarily for the purpose of supporting one
or more antennas, including self-supporting lattice towers, guy towers, or monopole towers, The term
encompasses personal wireless service facilities including radio and television transmission towers,
microwave towers, common -carrier towers, cellular telephone towers or personal communications
services towers, alternative tower structures, and the like. 'Tower also includes any structure built for the
sole or primary purpose of supporting FCC -licensed antennas and their associated facilities
"Underground facilities" means utility and telecommunications facilities located under the surface of the
ground, excluding the underground foundations or supports for overhead facilities.
Deleted: "Stealth" means a personal wireless
service facility that is disguised, hidden, or
integrated with an existing structure that isnot a
monopole or tower, or a personal wireless
service facility that is placed within and
t9isiluisedy an ax'sklicertp or pr rp asotti structure,
IF.'-ltted: Font:(Default) Arial, 10 pt, No
undere, Font color: Auto
"Usable space" means the total distance between the top of a utility pole and the lowest possible
attachment point that provides the minimum allowable vertical clearance as specified in the orders and
regulations of the Washington Utilities and Transportation Commission
"Utility facilities" means the plant, equipment and property including, but not limited to, the poles, pipes,
mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the
ground within rights-of-way and used or to be used for the purpose of providing utility or
telecommunications services.
"Unlicensed wireless services" means commercial mobile services that operate on public frequencies and
do not need an FCC license.
15.29.030 Exemptions.
The following are exempt from the provisions of this chapter and shall be permitted in all zones:
A. Industrial processing equipment and scientific or medical equipment using frequencies regulated by
the FCC.
B. Antennas and related equipment no more than4en feet in height that are being stored, shipped, or
displayed for sale.
C. Radar systems for military and civilian communication and navigation.
D. Wireless radio utilized for temporary emergency communications in the event of a disaster.
E. Licensed amateur (ham) radio stations.
F. Satellite dish antennas less than two meters in diameter, including direct to home satellite services„
when used as a secondary use of the property.
�, Deleted: three
G. Routine maintenance,_ pw pl qc,.7n awt or repair of a personal wireless service facility and related
equipment ih tt c w;,nsfiPwil.w° _t nP,1)di„iw!aflon, tana�,41 d 0m� conq)Nance Wwr'i h Idte S& arut m1s o tNs
r,h apte I is aK1iMaiJ'vxL, 4ructural work or changes in height, type or dimensions of antennas, towers, or
buildings,are VpJuw^liltawllte.Ja!tiift ag,tpwo9 65.�10>ro.a
Deleted:
edn:.t;.aµ tawtlrr, n*q
H, Subject to compliance with all other applicable standards of this chapter, a building Permit application et
..
,
s r
need not be filed for emergency repair or maintenance of a personal wireless service facility until thirty t, s
,Deleted at
days after the completion of such emergency activity, p praav%dr:r1 to
I. A COW or other temporary personal wireless telecommunications facility shall be permitted for a Deleted: cornpliwice with
fl
maximum of ninety days in any three hundred sixty-five day period or during an emergency declared by EM
Deleted: the Wstandards �oftthis
chapter are
the city. maintained
9
Q _ Iiz ll aa:u��°�qunnu iruo�;R� pau o.z fa,P lfities (Ii Ole (°,[CY kgwatu.i.l ui(���Pi,� ��t�.I���ti,�LA9;cQy ,and p utflk ��pl9ugy gr�c,liu.,� arn��,�
flixtuulegym.
15.29.035 Modification of Existing Wireless Tower or Base Station.
Pursuant to 47 U.S.0 Section 1455(a), any request from an eligible facility for modification of an existing
wireless tower or base station, which modification consists of a request for co -location, removal, or
replacement of transmission equipment, that does not substantially change the physical dimensions of
such tower or base station shall be administratively processed and approved This section states
provisions and procedures applicable to (a) requests for modifications that do not substantially change
the physical dimensions of an existing wireless tower or base station, and (b) requests for modifications
that substantially change the physical dimensions of an existing wireless tower or base station
A. t.f,eCquwpibor ofsIHgrorMt f itl un,i N,l m!r i , `�
w.
"substantial_ change_ in the physical dimensions" occurs if:
(a) the mounting of the proposed antenna on the tower would increase the existing height
of the tower by more than 10%, or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed twenty feet, whichever is
greater, except that the mounting of the proposed antenna may exceed the size limits set
forth in this paragraph if necessary to avoid interference with existing antennas; or
(b) the mounting of the proposed antenna would involve the installation of more than the
standard number of new equipment cabinets for the technology involved, not to exceed
four, or more than one new equipment shelter; or
(c) the mounting of the proposed antenna would involve adding an appurtenance to the
body of the tower that would protrude from the edge of the tower more than twenty feet,
or more than the width of the tower structure at the level of the appurtenance, whichever
is greater, except that the mounting of the proposed antenna may exceed the size limits
set forth in this paragraph if necessary to shelter the antenna from inclement weather or
to connect the antenna to the tower via cable: or
(d) the mounting of the proposed antenna would involve excavation outside the current
tower site, defined as the current boundaries of the leased or owned property
surrounding the tower and any access or utility easements currently related to the site.
B. Application. Any eligible facility requesting modification of an existing wireless tower or base station,
which modification consists of a request for co -location, removal, or replacement of transmission
equipment, shall submit an application, on a form provided by the City, for a modification permit. The
application shall include the following:
10
Deleted: s
Deleted: The following terms shall have the
fsallawino meaninras fortiaµlmoses of this section:
Deleted: (1) "Tower' is defined as any
structure built for the sole or primary purpose of
supporting FCC -licensed antennas and their
associated facilities. .
Deleted: (2) "Base station" is defined as a
facility or structure consisting of radio
transceivers, antennas, coaxial cable, a regular
and backup power supply, and other associated
electronics, including a structure that currently
supports or houses an antenna, transceiver, or
other associated equipment that constitutes part
of a base station, and encompasses such
equipment in any technological configur
including distributed antenna systems ai I
cells. .
Deleted:
(1) The name, address, signature and contact information of the applicant, and identification of
relationship to any FCC licensee of the affected facility;
(2) Site plan or schematic drawing showing the current location and dimensions of the wireless
tower and base station, drawn to scale;
(3) Site plan and schematic drawing, drawn to scale, showing the location and dimensions of the
requested modification to the wireless tower and/or base station;
(4) A computation and description of the proposed modification establishing whether or not such
modification constitutes a substantial change in the physical dimensions of the existing facility;
and
(5) Any other information deemed necessary or appropriate by the City to assist in the timely
processing of the application.
C tlRevievv.of..lica
Cetefw�grua¢yonof Substantial Change,. Within 45 days of receipt of a complete
p.pe,t+s�a�.: ...,
application for modification, the administrator shall review and issue a written determination as to whether
the requested modification constitutes (a) a substantial change to the physical dimensions of an existing
wireless tower or base station, or (b) no substantial change to the physical dimensions of an existing
wireless tower or base station. The administrator may request additional information from the applicant or
any other entity to assist in this determination, To facilitsaler expeditious_ review, the applicant and
anmf slratm, ar,if,�i a , �rrr,p ,f,rar�a uuut u.0 @afrfa�rr pro9u��dtdffA,�l if�rrwt�Wa, „
(1) Modification Permit — Finding of._No Substantial Change. If the administrator determines
that such application establishes that such requested modification does not substantially change
the physical dimensions of an existing wireless tower or base station, he shall issue a
modification permit. Issuance of such modification permit shall authorize issuance of any
necessary and appropriate building permits to accomplish such modification, subject to payment
by applicant of applicable permit fees and compliance with applicable permit requirements.
Issuance of all required permits shall occur within 90 days after receipt and approval of a
complete application for a modification permit. The administrator may impose conditions
necessary to achieve compliance with the provisions of this section.
(2) Ap lu al{on -_R Idwracg Of SUbsta tial Change. If the administrator determines that such
application constitutes a substantial change to the physical dimensions of an existing wireless
tower or base station, he shall issue a written decision and deliver such decision to the applicant.
Any modification that substantially changes the physical dimensions of an existing wireless tower
or base station shall be subject to the applicable permit and application requirements of this
chapter,
11
D. Appeals. The decision of the administrator shall constitute an administrative decision subject to
appeal pursuant to Chapter 16.08 YMC,
15.29.040 Site selection criteria.
A. Any applicant proposing to construct an antenna support structure, or mount an antenna on an
existing structure, shall evaluate different sites withm,aa on ,qu arlerinjk,s to determine which site
will provide the best screening and camouflaging while providing adequate service to satisfy its function in
the applicant's system. If the applicant proposes a site that does not provide the best opportunities for t
screening and camouflaging then the applicant must demonstrate by engineering evidence why the Deleted: local and
facility cannot be located at the site where it can be best screened and camouflaged and why the antenna
must be located at the proposed site, Further, the applicant must demonstrate by engineering evidence
that the height requested is the minimum height necessary to fulfill the site's functior� e Vt I VVVr.mmii
ted: within the tfrleay�
B. Applications for necessary permits will only be processed when the applicant demonstrates either Doe le-- - -
that it is an FCC -licensed telecommunications provider or that it has agreements with an FCC -licensed
telecommunications provider for use or lease of the support structure.
C.
rauaw8l f,� VI caa,t�.aleaaance significant�aaaP vBlarGrow dower mobile radio facilities shall be located and
designed to minim
a
_ t
yt adverse impact on residential property values., Facilities shall be ,Deleted:
placed in locations where the existing topography, vegetation, buildings, or other structures provide the
greatest amount of c amouatl,,."p'
- - ta. t ay
screening
D In all zones, location and design of facilities shall consider the impact of the facility on the !Del.ted-
surrounding neighborhood and the visual impact within the zone district. In all zones, towers shall be
u.aaraarenaw ar l a r1 a :rgag (I nu Ir p,}dr<us l9y ;paa+f plly,ps rUly q')!l,wsive tl at glrty t9a pt is rara9 t+a)lrayrtlrHrlwt',apWly,ga'r
a a
impAm(licable wnd(,n Hlaa, facts and u.rru.a�Irr Nxa9ur.r„,�,� Deleted:;Y1�ruS� arrRgyscreened
Deleted: by placing them in trees to the extent
that it does not result in significant signal
c�egrar,@::gCaraa'a
15.29.045 Protected areas.
Protected areas are: (a) established federal, state or local historic districts or historic district overlay
zones; (b) proposed federal, state or local historic districts or historic district overlay zones filed for record
with the federal, state or local agency with jurisdiction (hereafter "pending” historic district or overlay
zones); (c) sites, buildings, structures or objects listed in the National Register of Historic Places; (d) state
and local wildlife refuges, and permanently protected archeological sites; and (e) designated areas
subject to preservation or protection through recorded conservation easement, Except as provided in
15.29.050, antennas and antenna support facilities are not permitted in or within 300 feet of any protected
area.
12
15.29.050 Priority of locations.
The order of priorities for locating new personal wireless service facilities shall be as follows:
A Co iocaaHoinCo-locate antennas, towers and related structures on existing antennas, towers and
facilities in accordance with 15 29.035 aund 15,29 080,
IB„ Small cea l iirnslaillat`uorn,s. S nnall cele i nstaaYlaatiio ns shall be aNlovuwaw,H n all ronling cfistiIcfs of tI Citify
e1 b & g _._ atatf ^,N,ur,'gcuia s, ,,i{iupaa� d0 fluty gpirr�di�lions stated:
;.�u,nn at au';€aka a fu,�at ,', p+� as a, auirr fllae taliaa , �s!. aYed..,,
11. Slh-a.an6_unfillfy poUes wt n ppinblloc„iriyallnt,,,nataa_ay
(=a( aorily crone f aaoiliitf shaliIbe pennnifta d w-- any street, golle,
t�..�,.�icigrkriz, laws 7kg,�r�W�awlkrnu,fa�iBr�ar”n"uut)uh�krd�wuts�rpaa�rallllitelt�a�r6r:��fr.��
yuyioi�uviuuita Of 500 fact ap7,auP or as offie r o e sap parcpsr,at fry iIhe aaadirrnni tr,atgir�
C.(f(,ARtpe,ira.pa uyhlofy ign attraf UpOn fling Baaµ na01r9. sfRu_ 6aoire-(SLA(,',h aas._a vh`Eja;t aairm
ulifilly tpole),ra r@ hyvs;,vf,a,I�fcaa1..:.g l��ru��fi �u between Its faa.ikuNiu'sand, lhea'
antenna(s),the struch.Are/poje and s:ainta.in nava I -nay frau rahsed by_a rnoaunf'laa,
Kac'('¢wnalo ala Uw aanamarruaan_w,u,y)"as,al atrp ueguua_s nnuoM, arrant to n xaa ed,,30
Any ,,' i"a ipns be a.sraa ktutck'A of sin lIiL'ruuak""Ii al and „eshall,
�
jnaa°wc su,ullrace 0caattp e nts which kw wauaatch ilia; c0or aaind fcxlure pf lhe ortiginaall
�9iay,o8ufy,
(�d) AynlnrqvA IA m tattglaonIIyon tWuanayl„urtiknty_p tiles is "sub tegt o Hn y a=xu tsar t„r.aksr�,ty,lrrdu,ry�ur ya
_equuIreuarenl,, aap,plil,ahio "Wr"Jatd."'; a:irypt,rattes cl tyre VVLJliC;, and Irnnilaufon a cmf._,,eynreng uase,ts
such frog es II he t:;,oty rnay..tewe thee- ua ga„itis; J dghl nal Way aye irmrnnuit lou ..add ouns¢alll aif ohms
. , e a,plukwpy p pk” , uauufl.,iafy iIubloa. ri„9kii � ualyyrwty , �f lau!°a^ ar ofilily
2. Ic�cal�rrr 6u nrn�,u'rni amaa Iaav+ un ora n
Data�,:ak�rk gfira�u Cllae,rm.fal>ta±rr�f garuat.tiapa. tsutu,l»nn,r,au tua„f,d,uru_a,tlllwly flaunlr„Y,oaautuutraa¢y vc�i1pf al a pffg.lQigtWr ,.
tan Pwra;a;�n-Its facifiliy s and the aunle:o_naa(s), pork;- staucl ureii)Oe an -d arwteuInaa rnna-ay bu r ai(se lyy as
mount 10 acr aaapua"lntyg ale the niiinhnuau°an wrappiabon ruafgtatna*n�ia.u�da uaa( taw„exp, u y1 30 leel Apry, -
a_c.9drtaaautsshaal9 1pre_taaapn,auaaa,haB upf suuwuolaa materials, aw sk,10 6i"aro <ruufna kag tur'aadt is yyBpwnli,nn,uWC
ale nojor and Wxluamaa Of the oirIgi naal fa(,,ulnty,. Approval ani iurylallpatioun gl")nr streM I.afuluty pinnies is —
yak.atawct kas arty p"mstinfa a blidy NarwnNsa „ag ffurnra yyar mgq,s ..nntrprlufaa a�i.,,.ask,c,Gndatds,,and MICA Of the
VVU G Cs, and NnnRatIons comng:xarirnung use Of argrtalrr gOIeS,
C, Public property. Place antennas and towers on public property as further described in 15,29 060
where such antennas, towers and related facilities are disguised by camouflage peasures approved by
the administrator,
kupuua ultttt¢tw arl nnrnay <auIld tilycAunu"a `: i nwdiia sfruaaf aiId a:nnunuuiruc"na oaaV rsnntpoara a,ul li.int�u._ Place antennas,
towers and related facilities on appropriate rights-of-way and existing structures, such as buildings,
13
towers, and water towers, in the industrial and commercial zoning districts, where such antennas, towers
and related facilities are disguised by camouflage peasures approved by the administrator,
F� uiidiost6@11l rwrilhng rVu>Vuu+,tf - Place antennas, towers and related facilities on properties in the industrial
zoning districts where such antennas, towers and related facilities areaiiiim�uVOrrgod as approved by the
administrator Antennas, towers and related facilities on properties in the industrial zoning districts,
which proposed antennas, towers and/or related facilities are located within 300 feet from residential
zoned districts, shall be approved by the administrator, subject to pamouflage eemed appropriate by the
administrator. Antennas, towers and related facilities on properties in the industrial zoning districts, which
proposed antennas, towers and related facilities are located within 300 feet from a protected area require
a conditional use permit with camouflage deemed appropriate.
t . o1c,aI Blur -in e ss.Pis-nice EI -2 and Il.aige Conveniuencr Center (i C(,) zoni.rUdlMrirts>. Place antennas
and towers in districts zoned Local Business District (B-2) and Large Commercial Center (LCC), subject
to the following conditions:
1. Antennas, antenna support structures and towers located within the Local Business District
(B-2) or Large Commercial Center (LCC) districts shall be placed, if possible, no closer than 300
feet from residential zoned districts and no closer than 300 feet of a protected area An
application to locate a new antenna, antenna support structure or tower within the B-2 or LCC
districts, and more than 300 feet from residential zoned districts and more than 300 feet from a
protected area may approved by the administrator, subject to the administrator's approval of
camouflage,
2. An applicant that wishes to locate a new antenna, antenna support structure or tower within
the B-2 or LCC districts, and within 300 feet from residential zoned districts or within 300 feet of a
protected area, shall demonstrate that a diligent effort has been made to locate the proposed
communications facilities on a site, private institutional structure, or other appropriate existing
structures more than 300 feet from residential zoned districts or more than 300 feet from a
protected area wifilntty of th 0(111, and that due to valid
considerations including physical constraints, and technological feasibility, no more appropriate
location is available. Such antennas, towers and related facilities may approved by the
administrator, subject to the administrator's approval of camouflage,, Such proposed structures
are also subject to the balloon test and/orvi ar ll Imp�rka m „nroeinit requirements of 15.29.070 in
order to assist the administrator in determining appropriate camouflage,
enfi�al ecins d dktuk,,ts Q xc tpl„(p� ,grrwjlI rill �i�� taallVaxDua�rr7�, llsa a m�ut8 ;a9 kn flh ira H ttal zonfA
Ver url _- , iu� _
diiastrirt as sek forth hill su bsecfilc n Vt above, apfblicatuorm toIpk.i of ntennas and towers in residential
zoning districts or within 300 feet of residential zoned districts, other than within the B-2 and LCC zoning
districts as provided in subsection F above slh A Vx; subject to the following conditions:
14
Deleted: and/or stealth
Deleted: D
i
�: rem.r
r
Deleted: s:gtlaC sa,eruaAl
Deleted: disguise by
Deleted: or stealth
Deleted. or stealth
Deleted: l':'
Deletedgy � �
or disguise by stealth }
1. An applicant that wishes to locate a new antenna support structure in a residential zone, or
within 300 feet of residential zoned districts, shall demonstrate that a diligent effort has been
made to locate the proposed communications facilities on a government facility, a private
institutional structure, or other appropriate existing structures within a nonresidential zone_ : tNi
a qu`trtei, ract a °_soe Me fuu cgwrfi yedl ,,Me, and that due to valid considerations including physical
constraints, and technological feasibility, no more appropriate location is available.
2. Applicants are required to demonstrate: (i) that they have contacted the owners of structures
in excess of thirty feet within a one-quarter mile radius of the site proposed and which from a
location standpoint coultt Gj'gr u,4 dlu wa v p atta;Jr �,qt t�,ity dmtaar a tNvd^ ¢°u( Ih e t fpBaµ Irwp �>
i7r;prnim1k,.; (ii) have asked for permission to install the antenna on those structures; and (iii) were
denied permission of use for reasons other than the ability or refusal of the applicant to pay a
market rate for use of the alternative structures.
3. The information submitted by the applicant shall include (i) a map of the area to be served
by the tower or antenna, (ii) its relationship to other cell sites in the applicant's network, and (iii)
an evaluation of existing buildings taller than 30 feet, within one-quarter mile of the proposed
tower or antenna which from a location standpoint could provide part of a network to provide
transmission of signals.
4. The proposed antenna, tower and antenna support structure is camouflaged,
a datr & tlr.cl ,orcas. Place antennas and towers in or within 300 feet of aprotected area, other than
within the B-2 and LCC zoning districts as provided in subsection E above, subject to the following
conditions:
1, Antennas and towers facilities proposed to be located in or within 300 feet of an established
or pending federal, state or local historic district or historic district overlay, are facilities that may
affect districts, sites, buildings, structures or objects, significant in American history, architecture,
archeology, engineering or culture, that are listed, or are eligible for listing, in the National
Register of Historic Places.. (See 16 U.S.C. 470w(5); 36 CFR part 60 and 800.). Applicant shall
comply with applicable provisions of the National Environmental Policy Act (NEPA), including but
not limited to the Environment Assessment provisions of 47 C, F. R. 1.1307, et seq. and comply
with any mitigations imposed therein.
2. An applicant that wishes to locate a new antenna support structure in or within 300 feet of
an a protected area, shall demonstrate that a diligent effort has been made to locate the
proposed communications facilities on a government facility, a private institutional structure, or
other appropriate existing structures or site outside and more than 300 feet from a protected
area, and that due to valid considerations including physical constraints, and technological
feasibility, no more appropriate location is available,
15
Deleted: provide part of a network far
transmission of signals
r
Deleted: or disguised by stealth
Deleted: G
3. Applicants are required to demonstrate: (i) that they have contacted the owners of structures
in excess of thirty feet within a one-quarter mile radius of the site proposed and which from a
location standpoin4al a r I ttuc„a O,g/r a I(p trala a.-,('y,Vj1,,,t Hvr , pa the N,,xili( nrt &i;tK; iipf�Vln u�V
u lellw oink; (ii) have asked for permission to install the antenna on those structures; and (iii) were
denied permission of use for reasons other than the ability or refusal of the applicant to pay a
market rate for use of the alternative structures.
4. The information submitted by the applicant shall include (i) a map of the area to be served
by the tower or antenna, (ii) its relationship to other cell sites in the applicant's network, and (iii)
an evaluation of existing buildings taller than 30 feet, within one-quarter mile of the proposed
tower or antenna which from a location standpoint could provide part of a network to provide
transmission of signals
5. Antennas and towers facilities proposed to be located in an established or pending federal,
state or local historic district, historic district overlay, or other protected area, are subject to
review by the district's or organization's governing body or assigned committee regarding
recommendations for camouflage,and landscaped sight screening elements,
15.29.060 Siting priority on public property.
A Where public property is sought to be utilized by an applicant, priority for the use of government-
owned land for wireless antennas and towers will be given to the following entities in descending order:
1. City of Yakima, except that any facilities proposed for location within the Airport Safety
Overlay (ASO) are further subject to the limitations and requirements of Chapter 15,30 YMC,
2. Public safety agencies, including law enforcement, fire and ambulance services, which are
not part of the city of Yakima and private entities with a public safety agreement with the city of
Yakima;
3. Other governmental entities, for uses that are not related to public safety; and
4„ Entities providing licensed commercial wireless telecommunication services including
cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced
specialized mobilized radio (ESMR), data, internet, paging, and similar services that are
marketed to the general public.
B. The placement ofpireless service facilities on city -owned property is subjec_ t to the discretion and
approval of k 1 ee to w,; Mal cafe , f� a ��;tui al,�Ie,,t the city and must comply with the following requirements:
1, The facilities will not interfere with the purpose for which the city -owned property is intended;
16
partof�.e n
w � „w f
Deleted: could pro etwork for
transmission of signals
a ro �m a
eleted: stealth, p
fDeleted��
Deleted: disguised by stealth structure oris
w mr �� �mM
, Deleted: Minimum Ni}sudrua:uua�ks.
Deleted: ftoasxaital
2. The facilities will have no significant adverse impact on surrounding private property, or any
significant adverse impact is mitigated by screening, camouflage or other condition required by
city;
3. The applicant shall obtain adequate liability insurance naming the city as loss payee and
commit to a lease agreement that includes equitable compensation for the use of public land and
other necessary provisions and safeguards. The city shall establish fees after considering
comparable rates in other cities, potential expenses, risks to the city, and other appropriate
factors;
4. The applicant will submit a letter of credit, performance bond, or other security acceptable to
the city to cover the costs of removing the facilities;
5. The lease shall provide that the applicant must agree that in the case of a declared
emergency or documented threat to public health, safety or welfare and following reasonable
notice the city may require the applicant to remove the facilities at the applicant's expense.
Telecommunication facilities serving essential government services and other government
agencies shall have priority over other users.
6. The applicant must reimburse the city for any related costs that the city incurs because of
the presence of the applicant's facilities;
7. The applicant must obtain all necessary land use approvals; and
8. The applicant must cooperate with the city's objective to encourage co -locations and thus
limit the number of cell sites requested.
C. Special Requirements for Parks. The use of city -owned parks for personal wireless service facilities
brings with it special concerns due to the unique nature of these sites, The placement of personal
wireless service facilities in a park will be allowed only when the following additional requirements are
met:
1. The city parks commission has reviewed and made a recommendation regarding proposed
personal wireless service facilities to be located in the park and this recommendation has been
forwarded to the city council for consideration and approval;
2. In no case shall personal wireless service facilities be allowed in designated critical areas
(except aquifer recharge areas) unless they are co -located on existing facilities;
3. Before personal wireless service facilities may be located in public parks, visual impacts and
disruption of normal public use shall be mitigated;
4. Personal wireless service facilities may be located in public parks that are adjacent to an
existing commercial or industrial zone;
17
5 Personal wireless service facilities may be located in park maintenance facilities.
15.29.070 Required submittals and testing.
Required submittals include:
A. If the applicant is not the landowner, apj[flicant • hflil p iiovia e an aarutlrawo /ratuo n firoorn the Ilr„ruatlrar;vner to
muaaraaaWd Haat f:a maaAs u°p,p„a,tluq If any applicant is a corporation, trust, association, or other
organized group or legal entity, it shall provide the date of such creation, and, if a foreign corporation, a
copy of the certificate of authority filed with the state of Washington, Secretary of State's Office.
B. An affidavit signed by the applicant, landowner (co -applicant), and the antenna support structure
owners, if different, indicating that:.
1 They agree to dismantle and remove the WCF/antenna support structure and restore the
site to its approximate original pre -structure condition within the applicable time limits set forth in
YMC 15.29.120 following receipt of a letter from the city indicting that the facility is deemed
abandoned or in violation of this chapter; and,
2. In the case of freestanding /antenna support structures, they consent to co -location, at
reasonable terms, of as many antennas and related equipment as feasible, including those of
other communication providers, on the applicant's structure/site-
C. Complete application for conditional use permit, including State Environmental Policy Act (SEPA)
checklist if irq u4ed.
D. A "balloon test” p a required for any aapp[ic atton irequiring a colnr9itigm,,�6 use, e, pennit oy vaau dance (except
lob` Ipgpapaawapat rramaall 'elt instalIFIN. o1sp _lea r rain p,w ble(V, u- inlorill hn ml.)tc,,, tlar aatq?a karlt ,,hnii, pxi ii ji trr 117, 0
puhllc he rinq on the alopHcafioi hold ,a Imlinon I, °"1,.11ni �rlrlrlici-ml >h"'M _fo Ila, or io7 ,s a upon n
fo;�umparnairy.,rpgM, �a,larvo 11yfVy_f,ollaauapcl balloon, IVvat Is ro:�topsnirfaatii9oaal <amltaaiinna airina r
p, oiia, ,tru cat thin uop..
imap;lud_ing ratl slandorfs at ltle.ho,ap,gl0 of the pi l�',,d,);owoa ail'ad,fq bMg s, (mnchufir.arp �a set.taitad
clMell nr s,
e dwrpp m ya Il, dily (aou the omit ail d,,0) tumrroa ra (auoat ldaa;amtfm'an fro 011�tlg• billoon to t shall bo, QaoPver0 ed
L)y Q , apa,ttlk mntwave n (7) and Nourteen (lad) day, ta'i, advance of lhe, lost_.�est aprato°r, in a trewsps apa.,l_ a
1 � :uulrahon in Holl CII)(, Fhe salppiiurainP shalttntaurrn the("fly. in wirotinrj, of the 1f,tiWas.; and ttuuirws apt idle
r ainic.r'u f,uuc,
tee, dal e,.,,a_st tialmr4a.=eP (1r1) (:tpy* mr, µaofw, mrvtl* Pie b,, llrwin ,iroaalll I)pa flown (oo at Ioaas,1 fou i, c. icer uaihora h o uus
rattprrt.apinm 6,rcatrnreein_T 00 am and 4:(30 t)ifo oaou tlrmo rt aflcs c lGasen _II he 1p itirr_iwy fuawflc..atoafl be on <u wro°¢*Ilro,ind,
ba.,d iiu e a e of,parrabo,w ealher Oan tW'awfi Irlib ap atgta^afO av,,rg „atraa�ar,y W, r1dx may be on a at eekda No tca.d. s sl°a H
be ironno ved to conduct the b:aillo,o n bras II. irorpraaok With pocluoes troamrro woaruoug k)caatlions of 0m, baailloo in sh allll
tap, para.avlatabf9 wpCWi g8aa^ aprfrll,coPr(laraa, f !Imua(aa, +rt tdn,p la at4gaarpa_dr .fitotr ilapoa ('g laur.Eataparpx tray a9r;(eN p( paptaxrp(a atesty
aultrlr; touord,ircaf tarf:i_flouo ttmo: (ura,Ho; fad tVur.,,paroapaa sed lower sandsl,'wpeal aarromly inW„a KCUrntef°pworq;d;^ auaa_pamAd flle
18
1 m: w W � �
Deleted: the land-wner,(s) shall be considered
co applicant(s) and shall sign the application
l:)roposed tower, and three (3) locarions lo(.:;al,,t,,eld,,Iapf,aroxiinaltlei,y one -quarteir mile frorn the base of thie
prolxzsed tower shail be submitted vvtlrfln two weeks after the cornmenceirient of the balloon te's ?.(�
,City )i,)� ipy, also post notice at a location or locations deemed appropriate by the city, and will provide
notice to the governing body of any affected historic district association or organization. Additionally, and
without limitation, the city may use any other means deemed advisable to provide advance notice to the
public.,E. Other related requests may include any combination of site plans, surveys, maps, technical
reports, or written narratives necessary to convey the information required by this chapter in addition to
any additional requirements of YMC Title 15, and other applicable ordinances;
F , A,0,soal irnj")ac� assevsrneM wifl"I of the proposed facifily is rcqrdirod for afl
°g? xlir:axlttrru. lha[ requjn-'a a Com"fifloriM usu� pemiiR w As rattan rlf swcl�,� waived
or fix propo:mxi siritHII ctfll
tul,ntsh vi,",,qW Irlipm"1 ansa. ssim,"nil,
Whlich MAI iru1trde
It a new Kiwer rn co sub slm ifia I il lodificakin incfqa Jnq lire I ieiqtt)t of an oximrq slrulI i�'. rasp
fx'+)Posed, a (,0JnJxJt(,4genefolud "Zone of Vis,Jbifilty Mop" at as frdnirirurn W orle 11i llu" I ""idius from il w
with and will"mul. foliage ShaR be ptovided io illii skata Ilrrr Mk,"is 'toin which, 1he
prop(m(,,rrt irlstaflafioit may lw seen,
whin the Zone ofVisibllity., Ctiuidance vviil k-y,s�r es att e"pre-
at'llficahon nioeting Flrovide a mall Ole kx*Mims M whele the, pichlies Were, NIken aiOcfisU,�Incx,,�
lirioni strt,wWre,
ttour :) It ty i1ricludi'09,; prid
the tower,lbase, qqy y�ire Jending and accessory buildiin(,4s frorn t ut ing and adlp eir. . ro ,qies arid
........... ab-
stre0s as reiates to the need or appropriateness of cairnoufla,giiii.q.
,Q" A site elevation and landscaping plan indicating the specific placement of the facility on the site, the
location of existing structures, trees, and other significant site features, the type and location of plant
materials used toccilri.rou,ul:lag(,,t.he facility, and the proposed materials used to construct and color(s) of
the facility;
'M
PF.Z,.a=tt.d-. F. Default) Arial, 10 pt
H. A signed statement indicating that (1) the applicant and landowner agree they will allow co -location OMMMESUMEMEMEM
of additional personal wireless service facilities by other providers on the applicant's structure or within Deleted: poevaifing -- arket rates, and (MMMI
the same site location, subject to good faith negotiation of compensation according to parket rates, and
x-1 . , ,- --- -----'------ MM MM
(2) the applicant and/or landlord agree to remove the facility within,90 days after abandonment; Formatted: F.nt(D .
fa
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t
)AMri a0
1M1 MOpt, M.
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such athe Chedkiis�to Deleipine Whe�hera Formatted: Def-lt�Space After
0pt
eryhd0yh bH Linepa ',gI5 es, Font Alignment:
Ecl)d�)Cltove wc�Ll-�V1
19
r,fffilrullian o with 41ite c uhl r."'d l (X,, I d Ili missio'ns c ��GcOr�,Vll.,uawT, II11llI �I If a-iol c,nllr z ()rl 1 m
°` 1 ( t q
a;et�prApllG®9rr k11 N.Inws. siaas,�, ytair9^� r=u m'a;r9G1Nau°ud la.0 tsflgvo-afu:u r�ada~tfla�tdla�u¢�
^U._ �'� cs,tr)t�11 trit�:quf�lli Ilrrrt kh�u; }rydt.ugxf�a a (l llroaida&A Itnfllo 1bfi%ip?a�i a !.111 e lr9wu��^ntu sq rar I��,i )ullr:utd,tfrutf�� vritral rutlii„1"^,
&c.lir;,r,currll^n�ou_ur�llrclQ�cblo, aVr r°Ir �:°p„
K,_ J” qppy of the I CC llceiiioryr..af1(aVlz.lu alci for the inteiride d lust-.' of tho wIrr lc pu.lf�.u,11�ru«In�uuriu utlior i..
fac ollltlos m.
A site plan clearly indicating the location, type and height of the proposed tower or antenna support
structure and antenna, accessory buildings, fencing, landscaping, topographic contours of the site at two -
foot intervals, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed
means of access, setbacks from property lines, elevation drawings of the proposed tower; and all other
items required in this chapter;
A current map and aerial showing the location of the proposed tower, a map showing the locations
and service areas of other personal wireless service facilities operated by the applicant, or sites acquired
by applicant for the benefit of, or on behalf of, any other personal wireless service facility operator, and
those proposed by the applicant that are close enough to impact service within the city;
Legal description of the parcel, if applicable;
The approximate distance between the proposed tower and the nearest residential unit, platted
residentially zoned properties, and unplatted residentially zoned properties;
I- A landscape and irrigation plan showing specific landscape materials and irrigation system;
,, Method of fencing, and finished color and, if applicable, the method of camouflage and illumination;
, A letter signed by the applicant stating the tower will comply with all FAA regulations and EIA
Standards and all other applicable federal, state and local laws and regulations;
A statement by the applicant that the design of the tower will accommodate co -location of additional
antennas for future users;
G, The telecommunications company must demonstrate that it Is licensed by the FCC if required to be
licensed under FCC regulations,tf.V,will Iny"e l I_f;� rGru,tglllVr;r1111.'111;
Deleted: Copies of any environmental
documents required by any federal agency.
These shall include the environmental
assessment required by FCC Paragraph
1, 1307, or, in the event that an FCC
environmental assessment is not required, a
statement that describes the specific factors
that obviate the requirement for an
environmental assessment, -
Formatted: Font:(Default) Arial, 10 pt, No
underline. Font color: Black
Formatted: Indent: Left: 0", Line spacing:
1,5 lines
Formatted: Font:(Default) Arial, 10 pt, No
underline. Font color: Black
Formatted: Font (Default) Arial 10 pt
Formatted: Font:
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Formatted: Defaul p 0 pt,
Font Alignment:
I Deleted: J
Deleted: K
Deleted: 1.�i
j
Deleted: M
Deleted- N
Deleted: O
1 Deleted: P
Deleted: Q
u
Deleted: R
y. The applicant, if not the telecommunications service provider, shall submit proof of lease agreements
with an FCC licensed telecommunications provider if such telecommunications provider is required to be Deleted: s a
licensed by the FCC; and
20
IV At the time of site selection, the applicant shall demonstrate how the proposed site fits into its overall
r� network within the city. I Deleted: 'I�
A map showing the location of any properties that are within,u no _quuai ter mile, of the proposed site OlL
� Deleted:
that are protected areas, m u
a
Deleted: U
15.29.080 Co -location.
To minimize adverse visual impacts associated with the proliferation of towers, co -location of personal
wireless service facilities on existing or new towers is encouraged as follows:
A. Proposed facilities may, and are encouraged to, co -locate onto existing towers. Such co -location is
permitted by right and a new or additional conditional use permit approval is not required, unless
additional height or dimensions are proposed that constitute a substantial change to the tower and/or
base station pursuant to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012.,
y, a, g fiine„ef Iby 1'- ' h (Y'i°, arc.
h�i��•airnepc.0 ltea peaweru,F Gauuaf I'r�npr. ,b afe pian IIIhaV edarr^aoVanQGa ,-� „�relim..le.imViaV r;8unar7r r nab r n°"
fnuahm°e,a,a vataaauma_ uira.ue,tr,aani_ orm'Nion ,,lo r,me :o i l,nc.yawith the policy, site
criteria, and_,camouflaging provisions contained in this chapter_
,C, The city may deny an application to construct new facilities if the applicant has not shown by
substantial evidence that it has made a diligent effort to mount the facilities on an existing structure or
tower wlplhlun one,: quarter, mills. of the proposed farallr),y_.
D. To reduce the number of antenna support structures needed in the city in the future, new proposed
support structures shall be designed to accommodate antennas for more than one wireless service
provider, unless the applicant demonstrates why such design is not coir urue. clnallly pmra cfpc alblle. Oar is not �
feasible for technical or physical reasons; or for aesthetic reasons necessary to preserve camouflaging or
stealth structures in residential or protected areas.
E aµfpallw¢ pouf shali examine,ffie_6ca soUygO ty,�uur�¢t tIn for aupraased tower to ara:coirnumre dallc, fu tune
cieararand for aai leasl four(4) adffi ional ti„;0111in"Ie .cull ppp Illlcadlenrn,"'fo e rarnpjrm tu.l,(rare tlo tlr'r�,,'rQurarr ..93ur;
)eanw;u eaimlQ be stiulctuira llly,de k nc:d_Qer Baa coim innodak,, of le.auM four (yl) faieQtfrflounaai- airtlenera aivays equal 90
pl ' - f d _ .l :„
pllres�se° of the: <a alrgaant and pear a Ie rp ,,as close, to fprrc. ap Arca ni'.f,_urMtanrwa� a aar,mstgPiy, anCheuirQ r arpr,miurt,
trite irfe,feeil c , �. reuenrnuire:rypfarrQ rmrany the waai�ved, pimv ded H-mt Hi aapsprliia.�A ni, rin mfirifioing, e)aslmurrnstrq,8�fp
,es th,,,
ra e> Il�ll�pis" „
pgrr lurOVtSiGJB of MILIte sIrn,�;�u,red n llgp'p., of We drawer is n(4 te;e,lanoltaylrt aally feasilll cparragr7emi ally
uaw an dre_aahulm nar°fee stra Q.urrr„rgrrrta r r° :;aaiy raC1 a nroausmamable pawdaCn,n, C vaurr8 uafr ap�u
(.1) Q pre, lkw nd rap �airelu , iar r(i)l) „a fidm,., amid„^sdr,dae dura,,,f �rrrp pfve�r:Q,p
(2neIII, unalaep aa(..:ro et.� M_ Qrirnral flea �'r r^,5 w,105,0Ueyrir(dE ,m fa rlpaies a
4',rltncaae /sni es;
21
Deleted: 300 feet
wl
7F.,,-.Mtt.d. Indent: First line: 0.5", Line
g: 1.5 lines
,, Formatted: Font:(Default) Arial, 10 pt
t_g ," t 1 I . ,,,..
,." ., e �.,' _.av a p., or �At ra � a a�uer,e arswadp, larar Ruurt
� as ,a � tli s,1i.a.0 aal p � s4 ` pdtw: si st p � are eav i ry., .
t Irne owir er of a proposed to weir airnd_Ns/her SUcc esscrs inti intereM shalllil ne gotoa_te in good fa& for the
shared USP of the proposed tower by, offieo wnr ire Mess service prrvMe,rs iiln t;taen fartuire and sha l:.
M
P7 11= e ^°i aro i unpollwy 60 dpNy, (o, t la+gnaa; l for ornttyntiti n fiOnw Ct ptxt,,,rgkul sh alr d ot.at. appficarA 4
(29) Nergaa glra in good ps]Rh t,Iluae aatepa.ie.;tr` tor shared ttse of Iff e,ptrapaato of p,awer by
aaC,V'us t tr le n,,paarn�a,rrr�a.mataraws.a tarpavaat,�rs,
(3) to ktw slm wd use of th ffc ever IP arn+attter Ielleconiir nruunocatoons_providet aqm ees in wirif nq to frst.Y.,
.rrrretialu n ta�itga s.
fhe eat e .d y , E ire cost off sate
;� a�
- - a, rs a�nrttit� rrtY�.,Ie er, ap.r9 t�are.aaeat llraulnt�lr, tre _e Iwdt a,xf�1 ��„r��pe. sM L
cd,^Oicenu..0aff°tnntrrtt_.Ipeatrt I„��a<�Anitits lro�b('r I tsaoJ,+}�„t .,,sat¢ alf ,n¢�:f.p�, f.¢sularffduas,ltoen sand rnairltern n e
�ff inciter, (m,tU ertasrI'lll apJalll W 11htplgaiadaming I_@owei aWote, 11
fparyaotle pa1,ts,m
9frr,,:rnrlirlruinM sa humid its er wiiholit (:ausutu c,,lt r,f�tarrtdar riri1ir; [tiir,rlr,rr±iit,,r,
i d
fa aih3re^,mr),atid bym[tilde.amdwrttwx,l;°n_eardi1tgte�el,,�larv,,rna, drdego;ddattrG, fmtr.aaocalis:ultiadll(I°�,.paetmb -
at�,e keuoap.t
F. All Omireless service providers or lessees or agents thereof shall cooperate in good faith to
accommodate co -location with competitors. 15.29.090 Design criteria.
A. As provided above, new facilities shall be designed to accommodate co -location, unless the
pp y g _ iml,aln c-fi ,ualtlo, or not feasible forJechnicalor
applicant demonstrates why such design is r,mxplinrr xP,pnly R
physical reasons.
B. All facilities shall comply with the following standards
1. Setback. A tower's setback shall be measured from the base of the tower to the property
line of the parcel on which it is located. In residential zones or where a proposed tower is on
property abutting a residential use, towers shall be set back from all property lines a distance
equal to one hundred percent of tower height as measured from ground level. In all other zones,
or where a proposed tower site does not adjoin an existing residential use, towers shall be set
back a minimum of thirty feet, When making a decision on a variance application to reduce
setbacks, the hearing examiner shall consider the following:
a, Impact on adjacent properties, including viewsheds, shadowing, visual dominance of
the tower and base structures as seen from streets and rights-of-way, and historic integrity
of the neighborhood;
PA
Formatted: Line spacing: 1,5 lines
For matted:pFont (Default) Arial, 10 pt
Formatted: Font:(Default) Arial, 10 pt
Formatted: Indent: First line: 0.5", Line
soacirtrl: 1,5 lines
Deleted: pemo nal
NOMMEMEMOMMOMMOM
Deleted: If a dispute arises about the feasibility
of co -locating, the city may require a third party
technical study, at the expense of the applicant
to resolve the dispute, . aHMMNI
Deleted: economic,
Deleted: ,
b. Alternative sites for personal wireless facilities; and
c. The extent to which screening and camouflaging will mitigate the effects of the
personal wireless facilities,
2. Right -of -Way Setback Exception. The setback requirement is waived if the antenna and
antenna support structure are located in the city right-of-way, provided the antenna is attached to
an existing utility pole and does not substantially increase the height of the utility pole and/or
extend above the utility pole by an amount determined to be a substantial modification pursuant
to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 and applicable
interpretations of the Federal Communications Commission, m.lhe n'lW0rr n.rruu separq, on iu al)timd
by tlh,rt, owne r caf the uutuUuUy urollo_oranallU a oUU uirvsW0a4uauaos attached to utility poles are permitted in all
zones (+„rda8l,i„t4 car elm; spit(ste w,oi r prxh6orlat use, pc"IiruuuhS il;r.°(granl eCJ i rr urusb'01,atwzm upon utlluly-polw„A Deleted:
ya fin protected d par€ a M)_ subject to approval by the city in its sole discretion, and pursuant to u N �„
license or franchise agreements with the city t Deleted: careless facilities
3. Tower and Antenna Height The applicant shall have the burden of demonstrating that the
tower and antenna is the minimum height required to meet the proven communications need. No
tower or antenna that is taller than this minimum height shall be approved, No tower or mount
together with antenna shall exceed sixty (d;aO)_f et in all single-family, multifamily residential,
Downtown Commercial, and Professional Office zones or one hundred ten feet in other zones.
A(khtiona l I,r'igt' V,vr ny lsu",f uGui,It) 1„)p rt ,9.tuVrilimti.rl )+r c o,8a cafio n of other tniustaOors
Im
Color. Towers shall have a dark color such as forest green charcoal or dark brown,
D t
ele ed
n„
depending on the surroundings or background that minimizes their visibility, unless a different
'tf ' Deleted: 4Tower Separation. In no case
.
color is required by the®FAA. Colors shall be maintained and repainted as necessary to maintain
shall Owers a locatedcloser than five
.........
hundred feet from another tower whether it is
original color, to repair fading through weathering, and to prevent flaking.
owned or utilized by applicant or another
provider, unless the city designates areas
where multiple towers can be located in
Lights, Signals and Signs No signals, lights, or signs shall be permitted on towers unless
- -
closer proximity In residential districts and
required or allowed b the FCC or the FAA. Should lighting be required, in cases where there
q Y 9 9 q
protected areas, no tower shall be located
closer than 1,500 feet from another tower
are residents located within a distance that is three hundred percent of the height of the tower,
whether it is owned or utilized by applicant or
another provider, unless the city designates
then dual mode lighting shall be requested from the FAA
areas where multiple towers can be located
( in closer prox0 ty.
Fencing, A well -constructed wall or wooden fence not less than six feet in height from the w
- - - - - -- --- - - ---------------------- - - - - - Deleted: 5
finished grade shall be provided around each personal wireless service facility. Access to the
tower shall be through a locked gate. The use of chain link, plastic, vinyl, or wire fencing is Deleted: FCC or
prohibited unless it is fully screened from public view by a minimum eight -foot -wide landscaping m
strip. Deleted: 6
Deleted m
:7
8. Landscaping..
23
a, Landscaping, .m an i,?Nrrnord ol; came ufttiwge Landscaping, as described
herein, shall be required to buffer personal wireless service facilities to soften the
appearance of the cell site. The city may permit any combination of existing vegetation,
topography, walls, decorative fences or other on-site features instead of landscaping, if
they achieve the same degree of screening as the required landscaping, Wire fencing may
be allowed if it is fully screened. If the antenna is mounted flush on an existing building, and
other equipment is housed inside an existing structure, landscaping shall not be required.
b. Buffers. The visual impacts of a personal wireless service facility shall be mitigated
through landscaping or other screening materials at the base of the tower and ancillary
structures. The following landscaping and buffering shall be required around the perimeter
of the tower and accessory structures Landscaping shall be installed on the outside of
fences. Further, existing vegetation shall be preserved to the maximum extent practicable
and may be used as a substitute for or as a supplement to landscaping requirements.
i, A row of evergreen trees a minimum of six feet tall at planting a maximum of six
feet apart shall be planted around the perimeter of the fence.
ii. A continuous hedge at least thirty-six inches high at planting capable of growing
to at least forty-eight inches in height within eighteen months shall be planted in front
of the tree line referenced above,
iii, An automatic irrigation system providing irrigation as needed according to plant
type, season and maturity of plantings.
iv. To guarantee required landscaping the applicant shall provide the city with a two-
year landscape maintenance guarantee.
v., In the event that landscaping is not maintained at the required level after the two-
year landscape guarantee period, the city after giving thirty days' advance written
notice may maintain or establish the landscaping and bill both the owner and lessee
for such costs until such costs are paid in full,
9, Screening. Screening, camouflaging or otherwise integrating a telecommunications facility
into existing features on the site in order to make the facility as visually unobtrusive as possible,
shall take priority over increased height to accommodate co -location. A personal wireless
telecommunications facility shall be integrated through location and design to blend in with the
existing "character' of the site so as to be visually unobtrusive or screened, To be considered
screened the tower or mount shall be placed amongst and adjacent to (within twenty feet) of the
drip line of three or more evergreen trees at least seventy-five percent of the height of the facility..
To ensure the screening trees are preserved the following note shall be recorded on the property
title:
24
All trees within 50 feet of the telecommunications facility located on this property, which
serve to screen the telecommunications facility shall be retained for the life of the
telecommunications facility. Screening trees may only be removed if deemed diseased or
dangerous by a certified arborist Before any trees can be removed a report from the
certified arborist shall be submitted to the City for review and approval. Unless approved
by the City, only that portion of the tree required to remove the hazard can be removed
If located in or within 300 feet of a residential zoning district or in or within 300 feet of a pwt+ Vio,d
ailea , camouflaging shall be accomplished by designing the facility to -look like
surrounding evergreen trees or other customary structures in the area, a fl s s the:
�apipficalut 4GttaVl:l'b , a lt:,tt rut,ti tatwl 9wtt tlaagt um, tdW>d:irrnglr:fgynt°KtVI�� aat ta��sata A.ra,r my
nnrgt 1 ucfic+ a11�Ne i11nvie ii- the facts and cir tlmnbmat asi",_,a.
10. Required Parking. If the cell site is fully automated, adequate parking shall be required for
maintenance workers. If the site is not automated, arrangements for adequate off-street parking
shall be made and documentation thereof provided to the city. Security fencing should be
colored or should be of a design which blends into the existing environment.
11. Antenna Criteria. Antenna on or above a structure shall be subject to the following;
a. The antenna shall be architecturally compatible with the building and wall on which it is
mounted, and shall be designed and located so as to minimize any adverse aesthetic
impact.
b. The antenna shall be mounted on a wall of an existing building in a configuration as
flush to the wall as technically possible and shall not project above the wall on which it is
mounted unless it must be for technical reasons. In no event shall an antenna project more
than sixteen feet above the roofline, including parapets.
c. The antenna shall be constructed, painted, or fully screened to match as closely as
possible the color and texture of the building and wall on which it is mounted.
d. The antenna maybe attached to an existing,fnechanical equipment enclosure which
projects above the roof of the building, but may not project any higher than the enclosure.
e. If an accessory equipment shelter is present, it must blend with the surrounding
omIdentf
1" j
WO;w w w
Deleted: established or pending federal,
state or local historic district overlay
zones, structures, sites or objects listed in
the National Register of Historic Places,
state and local wildlife refuges, and
per ma nantRy protected archeological sites
Deleted: aonf*rrm:ng
buildings in architectural character, �'ni' sial and color. „x The antenna and any 7S, accessory buildings must be architecturally and visually (color, size, bulk) compatible Bo Vtte Deleted: materials shplit faceextftt 9a rpit le with surrounding existing buildings, structures, vegetation, and uses. Such block, horizontal sidinighquality durable materiofacilities will be considered architecturally and visually compatible if they are camouflaged residential or commer
to disguise the facility.
25
g. Site location and development shall preserve the pre-existing character of the site as
much as possible. Existing vegetation should be preserved or improved, and disturbance of
the existing topography of the site should be minimized, unless such disturbance would
result in less visual impact of the site on the surrounding area , „f
v r ,
7t,
d: The effectiveness of visual
h. On buildings thirty feet or less in height, the antenna may be mounted on the roof if the on techniques must be evaluated by
following additional criteria are satisfied: , in the city's sole discretion
i. The city finds that it is not technically possible or aesthetically desirable to mount
the antenna on a wall.
ii. Roof -mounted antenna and related base stations are, gu b Wta nfiadly .screened from
view by materials that are consistent and compatible with the design, color, and PEMDeleted: completely I
materials of the building...................... —
iii, No portion of the antenna may exceed sixteen feet above the height of the
existing building,
if the antenna is placed on the roof or above the top of a_building, it shall provide 10 llw
extent ttt a iblle a minimum setback equal to the height of the panel antenna from the
rooftop edge.
Antenna, antenna arrays, and support structures shall not extend more than sixteen feet
above the highest point of the structure on which they are mounted The antenna, antenna
array, and their support structure shall be mounted so as to blend with the structure to
which the antenna is attached. The antenna and its support structure shall be designed to
cmrnply With applic"A Tule building rxxlua staa�n lairds, Jhe antenna, antenna array, and their
support structure shall be a color that matches the field or trim color of the structure on
which they are mounted.
j. Guy Wires Restricted. No guy or other support wires shall be used in connection with
such antenna, antenna array, or its support structure except when used to anchor the
antenna, antenna array, or support structure to an existing building to which such antenna,
antenna array, or support structure is attached.
,12. Equipment Structures.
a. Ground level equipment, buildings, and the tower base shall be screened from public
view and from the view of abutting properties. The standards for the equipment buildings
are as follows:
26
Deleted: i For antenna attached to the
roof or sides of a building at least thirty feet
in height, an existing tower, a water tank, or
a similar structure the antenna must be
either: An omni -directional or whip antenna
no more than seven inches in diameter and
extending no more than sixteen feet above
the structure to which they are atlaa,„ -,�o
Deleted: not on pubtllcl'y owned iprofx,�rty
..,,,
Deleted. withstand a wind force o'
hundred miles per hour without the r
supp.' n , giu;y wires.
Deleted: k, If a proposed antenna is
located on a building or a lot subject to a
land use permit, approval is required prior
to the issuance of a building permit. .
b. The maximum floor area is a r¢ hundred square feet and the maximum height is twelve - pelm
es th at a l.... g
q
ttunpllii,c aunt dol,,,, auaer uu grs anddoU_�In height u_us nr>otualyt ) r, ui
feet, nuirnllu,s�.,,. �cun„treateted: mree
rlpx'� sajy ipt Wcormnad toWi proposed t�t_y earabn4oc toin.
c. Except in unusual circumstances or for other public policy considerations the
equipment building may be located no more than two hundred fifty feet from the tower or
antenna.„
d. Ground level buildings shall be screened from view by landscape plantings, fencing, or
other appropriate means, as specified herein or in other city ordinances.
e. In instances where equipment buildings are located in residential zones, equipment
buildings shall comply with setback requirements and shall be designed so as to conform in
appearance with nearby residential structures, including building form, materials and color.
f. Roof -mounted.. Equipment buildings mounted on a roof shall be designed to match and
be integrated into the exterior design and materials of the building. Equipment for roof -
mounted antenna may also be located within the building on which the antenna is mounted,
Equipment buildings, antenna, and related equipment shall occupy no more than twenty-
five percent of the total roof area of the building the facility is mounted on, which may varyjf
co -location and,adequate,ca;p rntaarflaffa;_y, is used.
13. Federal Requirements. All towers must meet or exceed current standards and regulations
of the FAA, the FCC, and any other agency of the federal government with the authority to
regulate towers and antennas. If those standards and regulations are changed, theripireless
service providers governed by this chapter shall bring their towers and antennas into compliance
with the revised standards and regulations within, rsrlx, months of their effective date or the
timelines provided by the revised standards and regulations, whichever time period is longer,
,Failure -to bring towers and antennas into compliance with the revised standards and regulations
shall constitute grounds for irevocation ¢sfl p mnitl 14. Building Codes - Safety Standards. To
- - - - -- --
ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in
compliance with standards contained in applicable city building codes and the applicable
standards for towers that are published by the Electronic Industries Association ("EIA"), as
amended from time to time. If, upon inspection, the city concludes that a tower fails to comply
with such codes and standards and constitutes a danger to persons or property, then upon
notice being provided to the owner of the tower, the owner shall have thirty days to bring the
tower into compliance with such standards. If the owner fails to bring its tower into compliance
within thirty days, the city may remove the tower at the owner's expense.
Deleted: Depending upon theaesthetics
and other issues, the city, in its sole
discretion, may approve multiple equipment
structures or one or more larger structures,
15. Structural Design. Towers shall be constructed to,applicable .EIA Standards, which maybe
amended from time to time, and to all applicable construction/building codes. Further, any Deleted: the
improvements or additions to existing towers shall require submission of site plans stamped by a
professional engineer that demonstrates compliance with the EIA Standards and all other good
industry practices, The plans shall be submitted and reviewed at the time building permits are
requested,
No personal wireless service provider or lessee shall fail to assure that its antenna complies at
all times with the current applicable FCC RF Emission standards e16. Antenna Support
Structure Safety. ire ��cUPu�ouVt�s suatataoirt stirtaCtLiorw �ahaQt_Ikte set;�uuett uc��uuiruSu t�iura�uVltiio�ruzc.s1 entry All
MENEEM
Deleted: After installation, �f uuu i� E "
anon, but prior to
support structures shall be fitted with anti -climbing devices, as approved by the manufacturers.
putting the antenna in service, each provider
shall submit a certification by an independent
professional engineer to that effect. In the
event that an antenna is co -located with
another antenna, the certification must
provide assurances that FCC approved
15.29.100 Permits required.
levels of electromagnetic radiation will not be
In addition to the other provisions of this chapter the following permits are required unless otherwise
exceededbyco-location, .
the
stated:
Deleted: The applicant shall demonstrate
that the proposed antenna and support
A. The following, which are subject to administrative review, approval and permit:
structure are safe and the surrounding areas
will not be negatively affected by support
structure failure, falling ice, or other debris or
1. Modifications to eligible existing facilities pursuant to 15,29 035 and 15.29080 that do not
interference,
constitute a substantial change; modifications that constitute a substantial change require a
variance;
2�_ . Small c6l iini ,t.altations in any zoning 6sViG#, except Qocabons wif iirt a protected area, as
approved by thle City
Antennas, towers and related facilities located within or upon government-owned property or
structures where such antennas, towers and related facilities areramouflaged a s approved by
the city;
1�, Antennas, towers and related facilities located on appropriate rights-of-way and existing
structures, such as buildings, towers, and water towers, in industrial and commercial zoning
districts where such antennas, towers and related facilities are camouflagett approved by the city;
Antennas, towers and related facilities located within industrial zones of the city, including
proposed locations within 300 feet of residential zoned districts, where such antennas, towers
and related facilities are pamouflaged as approved by the city;
g. Antennas, towers and related facilities located within the Local Business District (B-2) and
Large Convenience Center (LCC) zoning districts where such proposed site is (a) more than 300
feet from residentially zoned districts and more than 300 feet from a protected area, and (b) such
structures are camouflaged �cs approved by the city.
An applicant that wishes to locate a new antenna, antenna support structure or tower within the
B-2 or LCC districts, and within 300 feet from residential zoned districts or within 300 feet of a
protected area, shall demonstrate that a diligent effort has been made to locate the proposed
28
communications facilities on a site, private institutional structure, or other appropriate existing
structures more than 300 feet from residential zoned districts or more than 300 feet from a
protected area, and that due to valid considerations including physical constraints, and
technological feasibility, no more appropriate location is available. Such antennas, towers and
related facilities may approved by the administrator, subject to the administrator's approval of
camouflage or disguise by stealth, Such proposed structures are also subject to the balloon test
and/or photo -simulation requirements of 15.29.070 in order to assist the administrator in
determining appropriate camouflage and/or stealth requirements..
B. Except as set forth in subsection A above, a conditional use permit is required for all proposed
antennas, towers and related facilities..
C Procedures governing variances are set forth in Chapter 15.21 YMC; provided, however, that the
criteria for variance approval shall be governed by the following provisions. A variance from the height or
area limit that constitutes a substantial change may be granted if the applicant can show by evidence that
the additional height is necessary to provide adequate service to the residents of the city and no other
alternative is available. When granting a variance the examiner shall require that a significant portion of
the tower and related facilities be screened by existing evergreen trees or existing structures.
1, The purpose of this subsection is to provide a means of increasing the maximum height of
tower and antenna in specific instances where the strict application of those limits would deprive
a tower or antenna operator from achieving the minimum height required to meet the proven
communications need.
2. The examiner shall have the authority to grant a variance from the maximum height allowed
for tower or antenna when, in his/her opinion, the conditions as set forth in subsection (3) herein
have been found to exist. In such cases a variance may be granted which is in harmony with the
general purpose and intent of this chapter.
3. Before a height variance can be granted, it shall be shown that the applicant demonstrates
all of the following:
a. That there is evidence that additional height is required to provide adequate service to
the residents of the city and that no other alternative is available;
b. That there are special circumstances applicable to the subject property such as shape,
topography, location, or surroundings that prevent the operator from achieving the
minimum height required to meet the proven communications need;
c. That the granting of such variance will not be materially detrimental to the public
welfare or injurious to the property or improvements in the vicinity;
29
d. That any visual impacts will be mitigated to the greatest extent possible using
camouflage or screening, including but not limited to strategic placement next to existing
buildings or vegetation or incorporation with architectural features of existing buildings or
structures;
e. That the location of the tower and antenna has been chosen so as to minimize the
visibility of the facility from residentially zoned land and to minimize the obstruction of
scenic views from public properties; and
f. That the variance is the minimum necessary to grant relief to the applicant,
4. The applicant has the burden of proving that the proposed variance meets all of the criteria
in subsection (13)(3) of this section, Decision Criteria,
5. The examiner may approve an application for a variance with additional requirements above
those specified in this title or require modification of the proposal to comply with specified
requirements or local conditions.
6. The examiner shall deny a variance if the proposal does not meet or cannot be conditioned
or modified to meet subsection (13)(3) of this section,
a. Project permit review procedures are specified in YMC Title 16, Administration of
Development Permit Regulations. The following table specifies the permits required for the
various types of personal wireless service facilities that meet the standards of this chapter:
Permit Table"
Type of Use Permit Required
Co -location (No Substantial Change) Administrative Permit
Co -location (Substantial Change) Variance
SmalH cells iinstailaTMiion Adrninistrafuve Penni l
New Tower (City -owned Property)
New Tower (Public Property)
30
Administrative PermiULease
Administrative Permit (with approval
of camouflaged _
w w
- m
MMIMOM
Deleted: �� # uo
-I �. µ
Deleted: /stealth
New antenna (existing structures, industrial
and commercial zoning districts)
New Tower (industrial zoning district,
more than 300 feet from residential zone
and more than 300 feet from
protected area)
New Tower (industrial zoning district,
Nwithin 300 feet of residential zone)
New Tower (industrial zoning district, within
300 feet of protected area)
Administrative Permit (with approval
of camouflage:
Administrative Permit (with approval
of'ccPaia o uYYrl°agc,;)
Administrative Permit (with approval
of camouflaged
Conditional Use Permit
New Tower (B-2 or LCC zoning district, Administrative Permit (with approval
more than 300 feet from residential zone and of camouflaged
more than 300 feet from protected area)
New Tower (B-2 or LCC zoning district, Administrative Permit
within 300 feet of residential zone or within (with approval of camouflaged
300 feet of protected area)
New Tower (in or within 300 feet of residential Conditional Use Permit
zoning district, not in B-2 or LCC district)
New Tower (ii i c i within 300 feet of ,Conditional Use Permit
protected area, not in B-2 or LCC district)
Applicable permits include building permits and other permits required for installation..
15.29.110 Inspection requirements.
Within 60 days of any required safety inspection performed in accordance with EIA and FCC standards„
the facility operator shall file a copy of the report with the city Each year after the facility becomes
operational the facility operator shall file with the city a copy of maintenance reports for the prior twelve
months. The applicant shall provide a financial guarantee in the form of a bond or other financial
31
f, Deleted: /stealth )
Deleted: sight -screening)
Delete) . l� �, glldYtD
d Isteallh
Deleted. /stealth m ei
r
Deleted: Istealt
h
Deleted:
instrument acceptable to the city in an amount sufficient to reimburse all costs associated with facility
removal should it be necessary,
15.29.120 Non-use/abandonment.
A, Abandonment. No less than thirty days prior to the date that a personal wireless service provider
plans to abandon or discontinue operation of a facility, the provider must notify the city of Yakima by
certified U,S, mail of the proposed date of abandonment or discontinuation of operation. In the event that
a licensed carrier fails to give notice, the facility shall be considered abandoned upon the city's discovery
of discontinuation of operation, Upon such abandonment, the provider shall have sixty days or additional
period of time determined in the reasonable discretion of the city within which to:
1, Reactivate the use of the facility or transfer the facility to another provider who makes actual
use of the facility; or
2, In the event that abandonment as defined in this chapter occurs due to relocation of an
antenna at a lower point on the antenna support structure, reduction in the effective radiated
power of the antenna or reduction in the number of transmissions from the antennas, the
operator of the tower shall have six months from the date of effective abandonment to co -locate
another service on the tower If another service provider is not added to the tower, then the
operator shall promptly dismantle and remove the portion of the tower that exceeds the minimum
height required to function satisfactorily, Notwithstanding the foregoing, changes which are made
to personal wireless facilities which do not diminish their essential role in providing a total system
shall not constitute abandonment, However, in the event that there is a physical reduction in
height of substantially all of the provider's towers in the city or surrounding area then all of the
towers within the city shall similarly be reduced in height,
3. Dismantle and remove facility. If the tower, antenna, foundation, and facility are not removed
within the sixty-day time period or additional period of time allowed by the city, the city may
remove such tower, antenna, foundation, and related facility at the provider's expense. If there
are two or more providers co -locating on a facility, except as provided for in the paragraph
above, this provision shall not become effective until all providers cease using the facility.
At the earlier of sixty days from the date of abandonment without reactivating or upon completion of
dismantling and removal, city approval for the facility shall automatically expire,.
15.29.130 Third party review.
Personal wireless service providers use various methodologies and analyses, including geographically -
based computer software, to determine the specific technical parameters of their services and low power
mobile radio service facilities, such as expected coverage area, antenna configuration, topographic
32
constraints that affect signal paths, etc In certain instances, a third party expert may need to review the
technical data submitted by a provider. The city may require a technical review as part of a permitting
process ft v a6ania a or r.�t.aw idla nna rte p inn it. The costs of the technical review shall be borne by the
, ran
provider.
The selection of the third party expert may be by mutual agreement between the provider and the city, or,
at the discretion of the city, with a provision for the provider and interested parties to comment on the
proposed expert and review its qualifications, The expert review is intended to address interference and
public safety issues and be a site-specific review of technical aspects of the facilities or a review of the
providers' methodology and equipment used and not a subjective review of the site that was selected by
a provider. Based on the results of the expert review, the city may require changes to the provider's
application. The expert review shall address the following:
A The accuracy and completeness of submissions;
B„ The applicability of analysis techniques and methodologies;
C. The validity of conclusions reached; and
D. Any specific technical issues designated by the city.
15.29.140 Conditional use permits — Procedures — Conditions for granting.
A. Application. An application for a conditional use permit under this chapter shall be submitted
to the director of the city's community development department ( sa<linn1iynus1ranuoi`)_who shall review such
application for completeness and compliance with filing requirements under this chapter and applicable
G Int tcVna�ura tw nyra nce with the provisions and procedures of YMC 1.43.090 and Title 16 YMC,
c n accords
1D.1,.t,.d-,,Pnor
.r,.>�, thve authority to request additional information and reports from the applicantisrn�,ce ar to rnuake, Me as �;.dshall hay lflfflat Katinaaa ;.nraip}nlr�oti,., including but not limited to third party review an accordance t
with YMC 15.29.130 and reports, surveys and tests as provided in YMC 15.29.070, when the
makert
the�application complettoir, in his or her e, f oaddress mitigation measems such ures identifiedfional information,
oappropriate
SEPA NE Aor oterto
Deleted: director
environmental reviews, to address issues of site screening or other measures to mitigate impacts upon
the surrounding neighborhood, or to address any other impact to the life, health, safety or persons, or
quiet enjoyment of property, identified by the a:arninjs ),1or,,as likely, with reasonable probability, to result t
from the proposed project. Deteted: director
Upon they anirnona ,dr ator s determination that the application is complete and- in compliance with filing petered: d e
-- - - -- � @clots
requirements of this chapter, the �admi i uu ti alor, in coordination with the hearing examiner, shall be ire
responsible for assigning a date for and assuring due notice of public hearing for each application, which Deteted. director
date and notice shall be in accordance with the provisions of Title 16 YMC„
33
B, fIeafsrr,q When considering an application for a conditional use permit, the hearing
examiner shall consider the applicable standards, criteria and policies established by this title as they
pertain to the proposed use and may impose specific conditions precedent to establishing this use.
(1) Before any conditional use may be granted, it shall be shown that
(a) The proposed use will not be materially detrimental to the public welfare or injurious to the
property or improvements in the vicinity of the proposed use or in the district in which the
subject property is located;
(b) The proposed use shall meet or exceed the performance standards that are required in
the zoning district the proposed use will occupy;
(c) The proposed development shall be compatible generally with the surrounding land uses
in terms of traffic and pedestrian circulation, building and site design;
(d) The proposed use shall be in keeping with the goals and policies of the comprehensive
land use policy plan;
(e) All rro, tsomabla and a;r°rtFwirr .ri:wrcqu, y lw ar,tyca ble measures have been taken to minimize the
possible adverse impacts, which the proposed use may have on the area in which it is located.
(2) The conditions may:
(a) Increase requirements in the standards, criteria or policies established by this title;
(b) Stipulate the exact location as a means of minimizing hazards to life, limb, property
damage, erosion, landslides or traffic;
(c) Require structural features or equipment essential to serve the same purpose set forth
above;
(d) Impose conditions similar to those set forth in subsections (2)(b) and (2)(c) of this section
as deemed necessary to establish parity with uses permitted in the same zone in their freedom
from nuisance generating features in matters of noise, odors, air pollution, wastes, vibration,
traffic, physical hazards, and similar matters; provided, the hearing examiner may not, in
connection with action on a conditional use permit, reduce the requirements specified by this
title as pertaining to any use or otherwise reduce the requirements of this title in matters for
which a variance is the remedy provided;
(e) Assure that the degree of compatibility with the purpose of this title shall be maintained
with respect to the particular use on the particular site and in consideration of other existing and
potential uses, within the general area in which the use is proposed to be located;
34
(f) Recognize and compensate for variations and degree of technological processes and
equipment as related to the factors of noise, smoke, dust, fumes, vibration, odors, and hazard
or public need; and
(g) Require the posting of construction and maintenance financial security sufficient to secure
to the city one hundred fifty percent of the estimated cost of construction and/or installation and
fifteen percent maintenance of required improvements.
15.29.150 Conditional use permits — Effect of hearing examiner decision.
The decision of the hearing examiner on a conditional use permit shall be final and conclusive with right
of appeal to the city council in accordance with YMC 16.08.030,
15.29.160 Application form.
The director of the city's community development department may prescribe the form in which
applications are made for a conditional use permit and other applications authorized pursuant to this
chapter, The director may prepare and provide printed forms for such purpose and may prescribe the
type of information to be provided in the application by the applicant. No application shall be accepted
unless it complies with such requirements.
15.29.170 Filing fees.
The application for a conditional use permit shall be accompanied by a filing fee in the amount of
15.29.180 Notice of hearing — Conditional use permits.
Notice of all public hearings shall be given and prepared as required by Chapter 16.05 YMC.
15.29.190 Reapplication.
Upon final action as set forth in this chapter in denying an application for a conditional use permit, the city
shall not accept further filing of an application for substantially the same matter within one year from the
date of any final denial of an application..
15.29.200 Transfer of ownership.
A conditional use permit runs with the land; compliance with the conditions of any such permit is the
responsibility of the current owner of the property, whether that is the applicant or a successor. No permit
for which a financial security is required shall be considered valid during any time in which the required
financial security is not posted.
15.29.210 Vacation of permits..
35
A. Any conditional use permit issued pursuant to this chapter may be vacated upon approval by the
current landowner; provided, that:
1 The use authorized by the permit does not exist and is not actively being pursued; or
2. The use has been terminated and no violation of terms and conditions of the permit exist.
B, Requests to vacate a permit shall be made in writing to the zoning code administrator who shall
determine if the above conditions are present prior to authorizing the vacation. Vacation of any permit
shall be documented by the filing of a notice of land use permit vacation on a form provided by the
community development department with the city.
15.29.220 Violation — Penalty.
Compliance with the requirements of this code shall be mandatory. Any violation of the provisions of this
chapter shall be a misdemeanor subject to the penalties and remedies established in YMC 6.02.050.
Additionally, any violation of the provisions of this chapter, and any installation and/or operation of any
structure in violation of the provisions of this chapter, shall be deemed a public nuisance and violation
subject to penalties and remedies available under state law and city codes. The enforcement actions
authorized under this code shall be supplemental to those general penalties and remedies of Chapter
6.02 YMC and the public nuisance penalties and remedies available under state law and city codes.
irvy appficsant de.sir�ng relief, rarauve:r or exerrnptJoin trona any aspect or requirenrient of ttaVen rinapter may
n .ftuua @„ uat;iapsnar ?frnat flan and In with the a,'ip fi ahle tga,tq�a�pr,�sa on th,,O tY'w
relief or exemption is contaa4)e:d in the rrulhirnMed aupplicatuon foil peirrrnlit, or oin the case of an eAsfiing or
pi;v,5vuumsty,irr.q uesv foir rno(tijic atpenru of lit; Mower_ Gane/aalr fafaulutic.s•A 'Si Oi irokof r ,uy taq'
ternipoiiary or peuinrtirvneinit, p ai Bigt or corrri#etea, No such rellief or exemption shall be aappsiov d eun0ess the
arpplicaunt c.ernou shaates by c ll,ear...rand coinvioPcing eve dei ce that, if gvairtied,ffie irefiief, waiver w exa*m,pflon
wo,llll have no srunapfnc.anst ,nffcac;',h on the theallth, safe Ly and weffaure: of the C ty, its iie rideaonts and anther sear ce
prr¢avuef ea g.
fi s.9.240aarvveN'xw9,'�,iRiity,,m
f.
,(af)_ if aarry word, Iph�rase sentence, part/ wserction sollasecfioin esr otheir_poirpVcarp cuf anis c,lnaalpter on my-,`
application ltNcrcrtni llpro any person esuchcunista vice, as decllaread v6d, uunco nsfutufiorm), cur iilw lid paar arly
phrase,
ul,�,aez 1 b 9
A"��N w�dnf1 Main C'91iK".;'i v'udaR°€ , eJ4,�.k I'Gad"., ln6plt, �n„altre�r,n, e labf"n a"Nr caY tlagne "MG7k,lIV"J#a, Pan l "Nt^ nnu��R:f";n ire -„al„
% ;frVlcg llraun_tpnelrn® i'n oo u, e'de'na"N,tn�e, pVl� PVItT lk,9ni frill„VVup pa c.nvUsv .-Dlfn ,of t. iii a,)naptt r, alfncl aVl'aop00ca6orng
f t,,ou ugsy llua8 ,otadMll_la.Mrpnnarcw In full imbue and ofea r'pt�
tflue n'c"usf rarvat Cn n4nne}a I�� e iu tma}w;tnna,cl ranaa0el,,tiaraa.auf"tsltftulncMr"r�t
Any pernrv�t ossuufad eundou tllnus a;Ihn<apter s4na011 Ibe, coonrprc.heunsive and enol: s everabte, if. prlrt of P.
pawn nat m deerneda or v nu� car un("n wCc.a 1,@v; Ina anuayn,ns alenaal respect,
.ny o �"aunanffntc a11
r caata�aal lda tsc•m nuav�a . "
auatlnimity, or is oveartu imed by a counope,terut authobty, the pe;urrint_shalt be v6d in total, upon deteuirrniination
by thie City,
36
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Page19 [13] Deleted mkunkler 8/9/13 10 40 AM
The purpose of the balloon test is to enable the applicant, abutting and neighboring property
owners, and the city to better understand the height and visual impact of the proposed tower and
antenna array and to provide useful evidence for consideration before the hearing examiner on
the permit application. A balloon test is also required when an application for modification
proposes a substantial change to the height of an existing wireless facility. Advance notice of the
date and time of the balloon test shall be provided to owners of record of property within 300 feet
of the balloon test site. Such notice shall be given in accordance with the provisions of Chapter
16.05 YMC, and may be combined with notice of application.
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Page 19 [13] Deleted mkunkler8/9/1310 40 AM�.
The purpose of the balloon test is to enable the applicant, abutting and neighboring property
owners, and the city to better understand the height and visual impact of the proposed tower and
antenna array and to provide useful evidence for consideration before the hearing examiner on
the permit application. A balloon test is also required when an application for modification
proposes a substantial change to the height of an existing wireless facility. Advance notice of the
date and time of the balloon test shall be provided to owners of record of property within 300 feet
of the balloon test site. Such notice shall be given in accordance with the provisions of Chapter
16.05 YMC, and may be combined with notice of application.
Page 19: [13] Deleted mkunkler 8/9/13 10 40 AM
The purpose of the balloon test is to enable the applicant, abutting and neighboring property
owners, and the city to better understand the height and visual impact of the proposed tower and
antenna array and to provide useful evidence for consideration before the hearing examiner on
the permit application. A balloon test is also required when an application for modification
proposes a substantial change to the height of an existing wireless facility. Advance notice of the
date and time of the balloon test shall be provided to owners of record of property within 300 feet
of the balloon test site. Such notice shall be given in accordance with the provisions of Chapter
16.05 YMC, and may be combined with notice of application.
Page 19 [14] Deleted mkunkler 8/9/13 10.46 AM
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Page 19. [13] Deleted mkunkler 8/9/13 10.40 AM
The purpose of the balloon test is to enable the applicant, abutting and neighboring property
owners, and the city to better understand the height and visual impact of the proposed tower and
antenna array and to provide useful evidence for consideration before the hearing examiner on
the permit application. A balloon test is also required when an application for modification
proposes a substantial change to the height of an existing wireless facility. Advance notice of the
date and time of the balloon test shall be provided to owners of record of property within 300 feet
of the balloon test site. Such notice shall be given in accordance with the provisions of Chapter
16.05 YMC, and may be combined with notice of application.
Page 19 [13]Deleted...., .,.� ..M. � ,. ...... .. ..,
mkunkler 8/9/13 10.40 AM
The purpose of the balloon test is to enable the applicant, abutting and neighboring property
owners, and the city to better understand the height and visual impact of the proposed tower and
antenna array and to provide useful evidence for consideration before the hearing examiner on
the permit application. A balloon test is also required when an application for modification
proposes a substantial change to the height of an existing wireless facility. Advance notice of the
date and time of the balloon test shall be provided to owners of record of property within 300 feet
of the balloon test site. Such notice shall be given in accordance with the provisions of Chapter
16.05 YMC, and may be combined with notice of application.
"age 19 [13] Deleted mkunkler 8/9/1310.4 AM
The purpose of the balloon test is to enable the applicant, abutting and neighboring property
owners, and the city to better understand the height and visual impact of the proposed tower and
antenna array and to provide useful evidence for consideration before the hearing examiner on
the permit application. A balloon test is also required when an application for modification
proposes a substantial change to the height of an existing wireless facility. Advance notice of the
date and time of the balloon test shall be provided to owners of record of property within 300 feet
of the balloon test site. Such notice shall be given in accordance with the provisions of Chapter
16.05 YMC, and may be combined with notice of application.
a..� .... .... _. .....
Page 19 [14] Deleted mkunkler 8/9/13 10 46 AM
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Page 19 [20] Deleted mkunkler 8/8/13 11 36 AM!
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Page 22 [21] Deleted mkunkler 8/9/13 1:56 PM
If a dispute arises about the feasibility of co -locating, the city may require a third party technical
study, at the expense of the applicant to resolve the dispute.
G. While co -location and the requirements herein are encouraged, co -location shall not take
precedence over the construction of shorter towers with appropriate screening.
Pa a 26 22 Deleted mkunkler 8/9/13 3.47 PM
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i. For antenna attached to the roof or sides of a building at least thirty feet in
height, an existing tower, a water tank, or a similar structure the antenna must be
either: An omni -directional or whip antenna no more than seven inches in diameter
and extending no more than sixteen feet above the structure to which they are
attached-, or
A panel antenna no more than two feet wide and six feet long, extending above the
structure to which they are attached by no more than ten feet.
Page 30 [23] Deleted mkunkler 8/8/13 2:33 PM
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Page 19 [20] Deleted mkunkler 8/8/13 11:36,4
prevailing
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L.Page 19 [20] Deleted mkunkler 8/8/13 11:36 AM
prevailing
Prva9e 22 [21] Deleted mkunkler 8/9/13 1:56 PM
If a dispute arises about the feasibility of co -locating, the city may require a third party technical
study, at the expense of the applicant to resolve the dispute.
G. While co -location and the requirements herein are encouraged, co -location shall not take
precedence over the construction of shorter towers with appropriate screening.
Pageµ26 [22] Deleted mkunkler 8/9/13nn3n:47nnPM
i. For antenna attached to the roof or sides of a building at least thirty feet in
height, an existing tower, a water tank, or a similar structure the antenna must be
either: An omni -directional or whip antenna no more than seven inches in diameter
and extending no more than sixteen feet above the structure to which they are
attached; or
A panel antenna no more than two feet wide and six feet long, extending above the
structure to which they are attached by no more than ten feet.
g [ � ... _ . _ - ..
Pa a 30 23 Deleted mkunkler 8/8/13 2 33 PM