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HomeMy WebLinkAbout09-04-13 YPC Packet,yOJIIAfUrN pA4 SEd'"b I' FORTHE RE 11 2nd Floor I'alihnic, if i � wo 9890 "gym"tt 1i'&� i��� IIS iv.,vi ., City of Yakima Planning Commission STUDY SESSION City Hall Council Chambers Wednesday September 4, 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. Zoning Code Text Amendment Pertaining to Communication Towers (TXT#002-13) • Slideshow Presentation - Examples of Cell Towers (The draft ordinance is available online at w w, i, kintawa.Lov/servicesi l� ant ittg±under Quick Links) VI. Other Business VII. Adjourn to September 25, 2013 pm in the Council Chambers ', dma � d i rSIGN-IN SHEET City of Yakima Planning Commission City Hall Council Chambers Wednesday September 4, 2013 2:00 p.m. - 5:00 p.m. Study Session PLEASE WRITE LEGIBLY �� ii v ,ul' �. it iii n�iu�yy rrn�r�rt iu ia�ai ��oiir ilida lll��l�fW;YG. i�1Gl tiv91'r , ( 1IU VIII ��I 1 �tl.P 'll� � ............IL �t`� 2�� no................ . .coyi qqvkae,,, Aueq ........................... t �`v . . ............. ...... . .... . .......................... ........ ....................... ..................... . . . . . . ............. . ............... . . . . ..... ................ ........ . ............... . ...... . . . ...................... .. . . . .............. . . ................ ......... ......... . ............... . . . . . . . .................... .....M .............. ------ ...... . . . . . ....... . . ................... .. .... . . ....... . . . . .............. ... ............... ........... . . . . . . ............................... . . . ......................................... . . . . . . . . ........ ......... . ........... ...... .. . . . ................. ................. . . .... ....... . ........... . . ................ . ........ . . . .......................... . . ......................... .............................. . ..... Page 1 III o 0;III,IIw !qqW W �.IIIIIW;'.r 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. 15.29.090 Design criteria. 15.29.100 Permits required. f,. 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 ref nearing examiner decision. 15.29.160 Application form. „ 15.29.170 Filing fees. 15.29.180 Notice of hearing - Conditional use permits, 15.29.190 Reapp is ation. 15.29.200 Transfer of oWn rship. 15.29.210 Vacbtiop of errnits, 15.29 2 ;%Violate n - Penalty. 15.24." fz waiver, Exemption, "0 everability„ 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 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; r 5. Encourage personal wireless service providers to configure towers and antennas O',"4,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 tow6rs 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 Telecom munid tio'ns Act of 1996; and o fold potOrittat damage to adjacent properties through sound engineering practices and the p p' er 6"'ItIng of antenna support structures. B dew User . All new antennas shall comply with this chapter after the effective date of the ordinance codifiew j t o 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. 2 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 betwp providers of functionally equivalent personal wireless services. 2. To the extent that any provision of this chapter is inconsistent or conflicts41th any other city ordinance this chapter shall control. Otherwise, this chapter shall be con trtjed 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. "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 b0ilding for the purpose of providing wireless services, including unlicensed wif f_ss telecommunications services, wireless telecommunications services utilizing frequenciea� �thgflzed b "fhe Federal Communications Commission for "cellular," "enhanced specialized mobile fYa0 "personal communications services," telecommunications services, and its attendant ba station "Antenn i V 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 to fly, or raise upon a temporary mast, a brightly colored balloon, that is representative in size of the initial antenna array including all standoffs, at the maximum height of the proposed tower. -.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. "Camouflage" means to minimize adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such wireless telecommunications facilities, which shall mean using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances, The term includes, without limitation: (a) the use of structures, design, colors, landscaping and location to disguise, hide, blend, or integrate with an existing structure that is not a monopole or tower; (b) placement of a wireless facility or component thereof within an existing or new structure; (c) "stealth structures" in which the antenna or other wireless facility component is disguised or concealed within a structure designed to appear as another structure (such as a church steeple of flagpole) or another natural form (such as a tree, rock or other natural feature); and (d) placement of a wireless facility or component thereof upon a site where the topography and existing trees, landscaping, evergreen trees, design, and colors of the facility so that such facility is significantly screened from view or designed to resemble or blend with surrounding natural features. "Cell site" or "site" means a tract or parcel of land that contains 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 wireless service provider. ,fmMy",o 4 re""i afrllahy ria,aa;iP";Ia.d C) r frr1a„,(, ( ” r I arld f,rxf If,fopardirE„ II,e fiII',�i-oai I e:ffiricy o X11 -1e; pr oject i kI ii, I')�Ii1,y io aa,l iia.ve fFn anciial ec,luirn on irrVQi,'J1n:;n a>r P iOitf ra ,a, -)v ir,ff ,shall amt a ,,�iivaferm. to be c.l arnrneicial irnpi'„acis ahka ,end ;:aha l nol is 1-1('ie�i ,eek 'act 01 f,li,, x.1'111SOf ae) eglf ironer, t r.rx'n1- ir,rrar•,fl1y �i�b°�IraF ,ia,l4aor��;alr, „ "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 wireless communications facility. "Design" means the appearance of 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. "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. "Hearings examiner" means the duly appointed hearings examiner of the city. "Modification" or "modify" means, the addition, removal or change of any of the physical and visually discernible components or aspects of a wireless facility, such as antennas, cabling, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernible components, vehicular access, parking and/or an upgrade or changeout of equipment for better or more modern equipment. Adding a new wireless carrier or service provider to a telecommunications tower or telecommunications site as a co -location is a modification. A modification shall not include the replacement of any components of a wireless facility where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a wireless telecommunications facility without adding, removing or changing anything. T "Mount" means the structure or surface upon which personal wireless service facilities are mounted. J There are three types of mounts: A. Building Mounted. A personal wireless service facility mount Twed to the roof or side of a building. B. Ground Mounted. A personal wireless service facility niroul)t fixe"d 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„ owra, tar 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 'l y 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" rneanorpor(ibns„ companies, associations, joint stock companies, firms, partnerships, limited liability coral t; nig: ` other entities and individuals. "Per rf "M le ervice," "wireless service facilities," "wireless facilities" and "facilities" used in this title shAP� , e definItuture, ! in the same manner as in Title 47, USC, Section 332(c)(7)(C), as they may be amended UFO 1h, now or'f 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. "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 11 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. "Repairs and maintenance" means the replacement of any components of a wireless facility where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a wireless facility without the addition, removal or change of any of the physical or visually discernible components or aspects of a wireless facility that will add to the visible appearance of the facility as originally permitted. "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. "Small cell" means low -powered access rkodu,s wSrdul dvw ua�� �� �a��� d „+� iN�i���a that operate in licensed and unlicensed spectrum that ei°tieraUy have a rc ,�,uu4raG�� range o+ (.10 meters to 1 or 2 kilometers;),, compared to a mobile macrocell (n��w��, ..�.j. V+4 -t,4, h m g hi ha,,va: 0, Small cell technology accommodates rnobile�r � ^ � � U ��w�t�� offl adLgg as a means to achieve more efficient use of radio spectrum,,,u��?��u��a ail �ia�a�yii�l�Uu wu°� Small cells generally reduce the cell size radius, and place the cell sites closer to each other, resulting in a more densely packed network of smaller cells. Outdoor small cells include femtocells, picocells, and microcells ° rw,,W,c e�II iu � G kph �V p�iu 61„sand �.w6w�„rnr�t JV��VO4Va@ Y� i�9 it ��� VV�wr V C:�O IIO�ati I` tl��� �� Mor Vii a&% a 4� ��d8��9� B�6 Cd fir° rG� �0% '�0'cow,Gm e .,, Q , �. a..........m.�. i ... .............. �._..�._ . "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 persot al 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 purp6se of providing telecommunications services to locations outside the city. s "Telecommunications service" means transmission of information, xce,pt'cable television service, by wire, radio, optical cable, electromagnetic, or other similar onrea11,s, for fare, sale, or resale to the general public. For the purposes of definition "information" means krioWedge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbol , Telecommunications service excludes the over -the air transmission of broadcast televi ion or broadcast radio signals, facilities necessary for governmental purposes. The ft�'shall act on an application within a reasonable period of time, taking into account the nature and scope,of the appincation. Any decision to deny an application t, shall be in writing, supported by substdratial 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 specific sections of this chapter, YMC Title 16, Administration of Development Permit Regulations, and in accordance with other applicable,ordinancds. "Telecommunications'service provider" includes every person that directly or indirectly owns, controls, operates or manages plant' g lornent or property within the city, used or to be used for the purpose of offering telecPO'*rhvnicati anis services, except cable television service, to residents, businesses or other locations Ahin t,�otv,, , To, `&' meai §, ari `'structure that is designed and constructed primarily for the purpose of supporting one or mantep,as, 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. H. "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 ten 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, replacement or repair of a personal wireless service facility and related equipment that does not constitute a modification, provided that compliance with the standards of this chapter is maintained... Structural work or changes in height, type or dimensions of antennas, towers, or buildings are subject to -the provisions of 15.29.035 . 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. 0 J. Telecommunications facilities of the City located upon City property and public utility poles and fixtures. 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 Otat , provisions and procedures applicable to (a) requests for modifications that do not subs,ntially harre the physical dimensions of an existing wireless tower or base station, and (b) requests �fctir,,,,plod ificatt" ns that substantially change the physical dimensions of an existing wireless tower or l asa station A. Definition of "substantial chang°°" A "substantial change in the physical dimensions" occurs if: (a) the mounting of the proposed antenna on the t6wer would in cease the existing height of the tower by more than 10%, or by the height of qnd additional antenna array with separation from the nearest existing antenna neat to 6i6ek twenty feet, whichever is greater, except that the mounting of the proposed ptenna may exceed the size limits set forth in this paragraph if necessary, topvoid,interfer nce with existing antennas; or (b) the mounting of the propr dd�antenna`would involve the installation of more than the standard number of new equtpnleni clabiriets for the technology involved, not to exceed four, or more than one new egaaipm r t 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 great r, +except that the mounting of the proposed antenna may exceed the size limits set forth� in'thi �ragraph if necessary to shelter the antenna from inclement weather or he antenna to the tower via cable; or /��'�i � ),the mounting of the proposed antenna would involve excavation outside the current NVI toi+ver site, defined as the current boundaries of the leased or owned property °SIV �� 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 (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 Ap lication -- Determination of Substantial Chang . 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. To facilitate expeditious review, the applicant and administrator, if feasible, will conduct a pre -application meeting. (1) Modification Permit — Finding of talo SUbstanfiaLc—hang.q. 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) Al2plication Findin 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. 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..Appeal s. 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 within a one-quarter one mile radius 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 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. 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. Small cell installations and other 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 camouflage. 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 camouflaged using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances, 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. 15.29.050 Priority of locations. The order of priorities for locating new personal wireless service facilities shall be as follows: 12 A. Co -location. Co -locate antennas, towers and related structures on existing antennas, towers and facilities in accordance with 15.29.035 and 15.29.080. B. Small cell installations X11'^ „I iflHJt Small cell installations r00n,�tymshall be allowed in all zoning districts of the City except protected areas on the following structures, subject to the conditions stated: 1. Street utility poles within public ri hts-of-wa (a). Only one facility shall be permitted on any street pale qok% ^'c�� 'iied a01hin ,M]t°alI)oaocaie' a a inlnr i i tr im o 15,00 feet ;rt a a rl or as a)proved by 41� , ,a li arr amantaa�tu ur (I c). Where a utility located upon the support structure (such as a street or utility pole) a i',:,rj i ii o s vertical separation between its facilities and the antenna(s), the structure/pole and antenna may be raised by a mount to accommodate the minimum separationhaat.r.ir+�rialent' rlumu(gt?tq,nl(i, not to exceed ,Ire°,Itw4lrf t')f xt4";4five, feet,4r��: gra Citi„ t��t�oRtr4ua i4p4Rt ....l�r�alr i ht. Any additions shall be constructed of similar materials, and shall have surface treatments which match the color and texture of the original facility. (d) Approval of installation upon street utility poles is subject to any existing utility franchise requirements, applicable standards and rules of the orR us��;on U l�........... u,;g,lua , rtHt ,j O u Rdotair��txt R uA rw t r�uuiut�i, fi lro (WUTC.), and limitations concerning use of such poles. The City may further require a right-of-way use permit for such installations. 2. Electric transmission towers or utility poles Where a utility located upon the support structure (such as ret wu r in�;r t Ra il�, uiu ,rprmi� 1O�urruw tqrnaa(,,,,r or utility pole) refit nor r gat aarRlwldr� p��tUut:R�r�l.,�u ~requires vertical separation between its facilities and the antenna(s), the structure/pole and antenna may be raised by a mount to accommodate the minimum separation 0, not to exceed .t,a.��::"9°tta rtf 4fac,;feet ,n.b(,,)v(,', ult( 0X stir?! t ,VuoRt N of tour p�tzriRu �r4t (�;t4Nu��tr. Any additions shall be constructed of similar materials, and shall have surface treatments which match the color and texture of the original facility. Approval of installation upon ,dl °,gal 6r,r,J> CI tk„t rRuai� b,porrutiirr gtr, a,°u 4)F utility poles (')Ru4 xrrkJit ullpkpr uiup➢���mP.m of wr ,. y is subject to any existing utility franchise requirements, applicable standards and rules of the WUTC, and limitations concerning use of such poles. 13 C. Puqab[iLq_i�ropgrty. 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 measures approved by the administrator. D. Existing rights-of-way and structures — Industrial and commercial zoning districts. 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 measures approved by the administrator. E. Industrial zoning districts. Place antennas, towers and related facilities on properties in the industrial zoning districts where such antennas, towers and related facilities are camouflaged 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 camouflage 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 deemed appropriate. F. Local Business District B-2 and Large Convenience Center LCC zoning districts. 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 within a quarter -mile radius of the proposed site, 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/or visual impact assessment requirements of 15.29.070 in order to assist the administrator in determining appropriate camouflage. 14 G. Residential zoned districts. Except for sma'�,,�„ Gel' tltu ty ?a?A �� installations permitted in the residential zoned districts as set forth in subsection B above, applications to place antennas 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, shall be 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 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 within a qry �umaUa. radius of the proposed site, 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 meet the coverage/capacity objectives of the facility in the applicant's network; (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, quarte one 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. H. Protected areas. Place antennas and towers in or within 300 feet of a protected 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 15 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 o+}& Ier ni, ic mile radius of the site proposed and which from a location standpoint meet the coverage/capacity objectives of the facility in the applicant's network; (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. Antenii s towers l ldi�yt wirufl� ,..facilities sir,9.,� oii�� iu«� duu�'Uu ,tio.dr...�aUa ._u..tI1II i.�'i�;,i� Sa_ffaSA"W0A (;J, 1FIEh p Nau 15 ,J i� 3'J,_proposed to be located in ­11— an established or pending federal, state or local historic district, historic district overlay, or other protected 1I toriau area, rt,,c CIEy ay c�f ���a H .4...:.a.i4��oa ��°��u�n uta, � aria X11 lira rand � m. 1 s Iri4t4�.. I6or to the i�,stj ku ,tiUP�°®IL! "!mit durK �I�r�„ aJf��n��k�caa�`;�q�rGo ?�If��IJfI[(� �kia:ui i ni SIN, r af�a�n of 1�o0re'w� ,mo� rQa„ L fiwi...�.:...u� ,N ; � l,,,,l��c to rev6r,���, by ther�i,�fal�rl w� a�)r ��ir� riii����a,<��a;, ����r��.������,� hhfaa,'t � of arra Iagl iwi r,r InI') I It e reqa�'i r d 1 11 i i 1eI l ,' Il on,,, Goo' c, rI,00ufIaq(s a1'x Ia iped ,sigI ifs.. iii-rq 6. The proposed antenna, tower and antenna support structure 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; 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 16 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 of wireless service facilities on city -owned property is subject to the discretion of the city, and approval of lease terms that are acceptable to 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. 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: 17 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, applicant shall provide an authorization from the landowner to submit for permits on the landowner's behalf. ­111jy d�rn°��o�,f �hab �oI � �„1� vu hitu,A p such 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 required. 18 D. A "balloon test' is required for any application requiring a conditional use permit or variance (except for proposed SMall G811 i,IioiGfy In order to better inform the public, the applicant shall, prior to the public hearing on the application, hold a balloon test. The applicant shall arrange to fly, or raise upon a temporary mast, a brightly colored balloon, that is representative in size of the initial antenna array including all standoffs, at the maximum height of the proposed tower. The dates, (including a second date, in case of poor visibility on the initial date) times and location of this balloon test shall be advertised by the applicant seven (7) and fourteen (14) days in advance of the first test date in a newspaper with a general circulation in the City. The applicant shall inform the City, in writing, of the dates and times of the test, at least fourteen (14) days in advance. The balloon shall be flown for at least four consecutive hours sometime between 7:00 am and 4:00 pm on the dates chosen. The primary date shall be on a weekend, but in case of poor weather on the initial date, the secondary date may be on a weekday. No trees shall be removed to conduct the balloon test. A report with pictures from various locations of the balloon shall be provided with the application. Photos of the balloon test from three (3) locations located approximately three hundred feet from the base of the proposed tower and spaced evenly in a circumference around the proposed tower, and three (3) locations located approximately one- quarter mile from the base of the proposed tower shall be submitted within two weeks after the commencement of the balloon test; City may 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 visual impact assessment with photo -simulation of the proposed facility is required for all applications that require a conditional use permit or variance. As part of such application, unless waived or modified for proposed small sell ufe�Ry installations,_ ;the applicant shall furnish a visual impact assessment, which shall include: (1) If a new tower ori substantial modification increasing the height of an existing structure is proposed, a computer generated "Zone of Visibility Map" at a minimum of one mile radius from the proposed structure, with and without foliage shall be provided to illustrate locations from which the proposed installation may be seen. (2) Pictorial representations of "before and after" (photo simulations) views from key viewpoints Iwithin the Zone of Visibility- Guidance will be provided, concerning the appropriate key sites at the pre - 19 application meeting, �,w� Arai ��;I. Provide a map showing the locations of where the pictures were taken and distance from the proposed structure. (3) A written description of the visual impact of the proposed facility including; and as applicable the tower base, guy wires, fencing and accessory buildings from abutting and adjacent properties and streets as relates to the need or appropriateness of camouflaging. 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 camouflage 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 market rates, and (2) the applicant and/or landlord agree to remove the facility within -90 days after abandonment; I. Signed documentation such as the "Checklist to Determine Whether a Facility is Categorically Excluded" to verify that the wireless telecommunication facility with the proposed installation will be in full compliance with the current FCC RF Emissions guidelines (��G�nua u�pu��r� ff i� l Podup��cempl����i�; tla��, dla�Fc ;m NIER). If not categorically excluded, a complete RF Emissions study is required to provide verification; J. A signed statement that the proposed installation will not cause physical or RF interference with other telecommunications devices; K. A copy of the FCC license applicable for the intended use of the wireless telecommunications facilities; L. 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; M. 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; N. Legal description of the parcel, if applicable; 20 O. The approximate distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties; P. A landscape and irrigation plan showing specific landscape materials and irrigation system; Q. Method of fencing, and finished color and, if applicable, the method 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; S. A statement by the applicant that the design of the tower will accommodate co -location of additional antennas for future users; T. The telecommunications company must demonstrate that it is licensed by the FCC if required to be licensed under FCC regulations, and will meet FCC requirements; U. 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 V. At the time of site selection, the applicant shall demonstrate how the proposed site fits into its overall network within the city. W. A map showing the location of any properties that are within dpi pw,:,'. mile 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. Changes to towers and base systems that , ont'I i e""a substantial change as defined by 15.29.035 are subject to variance procedures and reasonable conditions to assure consistency with 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 within orr e-qualrlei�aK lha if mile of the proposed facility. 21 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�u����uaa�,aak4)awa,9,aa uli la;, ux�a �iwu-�t feasible for technical or physical reasons; or for aesthetic reasons necessary to preserve camouflaging or stealth structures in residential or protected areas. E. The applicant shall examine the feasibility of designing the proposed tower to accommodate future demand for at least tr,ur M) laL2 (2) additional commercial applications, for example, future co -locations. The tower shall be structurally designed to accommodate at least four (4) (2) additional antenna arrays equal to those of the applicant, and located as close to the applicant's antenna as possible without causing interference. This requirement may be waived, provided that the applicant, in writing, demonstrates that the provisions of future shared usage of the tower is not technologically feasible, i aao�uuaumu dBG uuoaiaEwea,iiuil:aira or creates an unnecessary and unreasonable burden, based upon: (1)The kind of wireless telecommunications facilities site and structure proposed; (2) The number of existing and potential licenses without wireless telecommunications facilities spaces/sites; (3) Available space on existing and approved towers or other appropriate structures. The owner of a proposed tower, and his/her successors in interest, shall ::t..I' as Sr Il.irr w,; ��")�siir a�rrs�o PrP Wth aruqtllm L. A,,RIlt.t.a �.".t..a� aaYa u.t..ut.i:aap gaIu,r i��l iaatwast urtuaYuainatht rm,�t�. a u p"t,rlaGu� t' "n a and r sili kws ltau Co i+.��e utsa�er ia�e aa�u?awa...o� ...t a� i�pEV�s, �.����,n A'xr,(uga d rd r� "puu a Q i n a "�e o , � H negotiate in good faith for the ,ind shared use of the proposed tower by other wireless service providers in the future, and shall: ,,fk)w,,.s 2taata outa..mm uttl,fiUu ^. ta, v%�(?,d i) �at�ut hiut,yu �alr�a uua�uiiaauos;k4. 7itiur�.0"j,r�py wr:.?W'Kt..taa.,ar d��t iia; r cmit�thaJ�a , ..twlru ? ig �aa'....a nay mcl,adc!, bus jute u'og iinr ted ts...t..k�"i.."`.l..al u tla,sua„ of Ole ofitc ,o,n t�l�a(Jtiir�tlJ�nl°Maco is 1 1�,�it� ,........."l:w pr0l c�t4aa a.. r..7 ......iaa; a+ailCc,tionnd VG 0 th (xst ,)f . 7r;�:syp&."s.'.°t.'th tare& aaw.a`seaslra.!.!..""..!a,i„la+„��q, aa���us�isra,a)d¢�a a haoa.r..a. ti, sa”r���""aithciusl��,r�ca��u�uarr7l� r;�l:asu��� a,an fic in?aw t kDa 01"iCO, use 22 9o,(,,4'Hr"kefl1 UUtUri4. i�u �r���u���ui� ��.0 M7�� ��rw���.uµ��.r�ri��.°a,ld�w���,pu•;i��. �1-9-�,�.�-�� is������,� Q�re����p����r.6���9^, I�uud4� ����4�� G�����i. r:7P�ll�ll`VL��r,44°°lilidl"}y �iJ,RV����iifl9'e�„v, r'u$10s41�;�.v�,f�V �tl,��"�r„���M��;Vb��f�d u�tltlUt?����fiU��I��G��dM�llh�@V�f.tl�'r�fgW�ti-➢I kV���(�� �s�;��b��ku°I(�t�^✓"�II kk'u r.:!f�,�6,�F�lhu%�-1��4➢u,i�.MeB'!i�ga 4.riC.,&h°�..4&��1I�14$If� b+i"ry%i���iP"�Il�� ���6�27�o�V�'��� Sr�U'wR°i�1�PoJi44f ;�a�r0wr�ip�4"9 (4) Failure to abide by the conditions outlined above may be grounds for revocation of the special use permit. F. All wireless 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 applicant demonstrates why such design is r>r not feasible for 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 equal to one hundred ten (1'1Qly,), 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 diQu�i �����wl wireless facilities. 23 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, or the minimum separation required by the owner of the utility pole. c'�+SII �"��n ess installations attached to utility poles are permitted in all zones (with the exception of conditional use permits required for installation upon utility poles within protected areas) 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 (60) feet in all single-family, multifamily residential, Downtown Commercial, and Professional Office zones or one hundred ten feet in other zones. Additional height may be permitted to accommodate co -location of other providers. 4. 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 FAA. Colors shall be maintained and repainted as necessary to maintain original color, to repair fading through weathering, and to prevent flaking. 5. 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. 6. 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. 7. Landscaping. a. Landscaping. Landscaping is an element of camouflage. 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 24 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 extern practicable and may be used as a substitute for or as a supplement to landscaping rquiremnts: 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 protected area , camouflaging shall be accomplished by designing the facility to look like surrounding evergreen trees or other customary structures in the area, unless the applicant establishes that such construction is technologically o under the facts and circumstances. 9. 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. 10. 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 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, materials and color. f. The antenna and any accessory buildings must be architecturally and visually (color, size, bulk) compatible to, thc� aMf ffi I 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. 26 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 substantially.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. If the antenna is placed on the roof or above the top of a building, it shall provide to the tzxtpnt feasiblele asible 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 comply with applicable building code standards. 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. 11. 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 five hundred square feet and the maximum height is twelve feet, unless the applicant demonstrates that a larger area and/or height is reasenabi necessary to accommodate the proposed facility and possible co -location.. 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. 27 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(,6"011atch and be integrated into the exterior design and materials of the building. Equipment forlw 610 - mounted antenna may also be located within the building on which the 0611, nfi nna is mounted. Equipment buildings, antenna, and related equipment shall occupyi,no rh re than twenty- five percent of the total roof area of the building the facility is mounted On, Which may vary if co -location and adequate camouflage is used, 12. Federal Requirements. All towers must meet or exce60-CUrren' t 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 regb1ationsare changed, then wireless service providers governed by this chapter shall brtng threir towers and antennas into compliance with the revised standards and regulations I ithin six moniks of their effective date or the timelines provided by the revised standards acrd regulations, whichever time period is longer. Failure to bring towers and antennas into compliance with the revised standards and regulations shall constitute grounds for revocati6n of p rr it:: 14. Building Codes — Safety Standards. To ensure the structural integrity of towers, th owner of a tower shall ensure that it is maintained in compliance with standard's contained in applicable city building codes and the applicable standards for towers t(t are prebiished by the Electronic Industries Association ("EIA"), as amended from timo to firne. 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 beingprovtded to tie owner of the tower, the owner shall have thirty days to bring the tower Oto com )t noe"with such standards. If the owner fails to bring its tower into compliance ii wig rI ',y' day,the city may remove the tower at the owner's expense.: 'lig, Sf�tural Design. Towers shall be constructed to applicable EIA Standards, which may be amled from time to time, and to all applicable construction/building codes. Further, any -n vements or additions to existing towers shall require submission of site plans stamped by a GO�a,„, p fesslonal 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. 16. Antenna Support 28 Structure Safety. The antenna support structure shall be secured against unauthorized entry. 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. Scall Gel' Uf (it pK; l a installations in any zoning district, except locations within a protected area, as approved by the City. 3. Antennas, towers and related facilities located within or upon government-owned property or structures where such antennas, towers and related facilities are camouflaged as approved by the city; 4. 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 camouflaged approved by the city; 5. 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 camouflaged as approved by the city; 6. 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 as 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 29 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. ....nt nn,p i , ..kovvers, anii�I nE i ed fa plifiesf�������.te� ,,i..G.u��.reskl��.q.nh i zones �su�wifl�iki X00 oM: residentsp one uli"r c adAUA��b Ad6.^..�.i. ��ia ^ w l" ..tiwn�t r..on eaUi muss siaN�� ..u���cki cfin(..i but „a'�o� Hi��`uit�&A t". , 0, toy,, ms �ib8(..:..r'"wo�.Qr.,u��.�...t� Nor rr , v u�a�t n9��� a iu� n�y�i gU � _ O,P���mret eta) not t"IIsi �,48...�V +V1(�Yf YaP��rcr�d�q' 13 ro��:.� 0�� rk nab SUB,)'(x1 �'O a ilAll!VN��C49V�N4�ak�.u..�se,I�.�"I�Paq 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; M 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* Co -location (No Substantial Change) Co -location (Substantial Change ger Small sell i AIO4i installation New Tower (City -owned Property) New Tower (Public Property) 31 Permit Required Administrative Permit Variance Administrative Permit Administrative Permit/Lease Administrative Permit (with approval of camouflage) 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, within 300 feet of residential zone) New Tower (industrial zoning district, within 300 feet of protected area) New Tower (B-2 or LCC zoning district, more than 300 feet from residential zone and more than 300 feet from protected area) New Tower (B-2 or LCC zoning district, within 300 feet of residential zone or within 300 feet of protected area) New Tower (in or within 300 feet of residential Administrative Permit (with approval of camouflage) Administrative Permit (with approval of camouflage) Administrative Permit (with approval of camouflage) Conditional Use Permit Administrative Permit (with approval of camouflage) Administrative Permit (with approval of camouflage) C""ondii1�onttJl USE", E, I'E.""In n it zoning district, not in B-2 or LCC district) 4 ondiUItVVYV b9 i's3it,.i"i..i'rf. New Tower (in or 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 instrument acceptable to the city in an amount sufficient to reimburse all costs associated with facility removal should it be necessary. 32 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 d ys(`6r 60 itional 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 1 use of the facility; or 2. In the event that abandonment as defined in this chapter dcc'ors dire 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 transrp)sslorr from ifie antennas, the operator of the tower shall have six months from the date f effe tiv6 abandonment to co -locate another service on the tower. If another service i operator shall promptly dismantle and remove t height required to function satisfactorily. 14otv iitl to personal wireless facilities which rjo not,dimil shall not constitute abandonment. Fibwever, in der f',6at added to the tower, then the rtion of the tower that exceeds the minimum Cnding the foregoing, changes which are made their essential role in providing a total system 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 re6iove facilityK, If the tower, antenna, foundation, and facility are not removed within the sixty -dad time period or additional period of time allowed by the city, the city may remove suchjower, arat nn , foundation, and related facility at the provider's expense. If there are two or mdre provr�erco-locating on a facility, except as provided for in the paragraph above, kis proon `'hall not become effective until all providers cease using the facility. At the earlier°f, ys from the date of abandonment without reactivating or upon completion of pdlff d Koval, 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 33 process for a variance or conditional use permit. The costs of the technical review shall be borne by the 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 wad selected by a provider. Based on the results of the expert review, the city may require changes to to/,e provi e application. The expert review shall address the followingm A. The accuracy and completeness of submissions; B. The applicability of analysis techniques and methodologies; r C. The validity of conclusions reached; and r D. Any specific technical issues designated by the city. 15.29.140 Conditional use permits — ns for granting. A. App lication. An application for a conditional use permit under this chapter shall be submitted to the director of the city's community development department ("administrator") 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. The administrator shall have ,authority to request additional information and reports from the applicant necessary to make the application complete, including but not limited to third party review in accordance with YMC 15.29.130 and refagrls, surveys and tests as provided in YMC 15.29.070, when the administrator )p i or Y sole discretion, deems such additional information necessary or appropriate to make the ppcatan complete, to address mitigation measures identified in SEPA, NEPA or other environmental vr�°o address issues of site screening or other measures to mitigate impacts upon NJ the rrou �r �rborhood, or to address any other impact to the life, health, safety or persons, or gOiAornjoym l t of property, identified by the administrator as likely, with reasonable probability, to result from the% ,06sed project, Upon the administrator's determination that the application is complete and in compliance with filing requirements of this chapter, the administrator , 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. 34 B. l tearin 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: (a) The proposed use will not be materially detrimental to the public welfare or iir)i66pus to the property or improvements in the vicinity of the proposed use or in the district which Ih subject property is located; (b) The proposed use shall meet or exceed the performance standar�ds 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 guars and policies of the comprehensive land use policy plan; (e) All reasonable and commercially pr�,actic6ble measures have been taken to minimize the possible adverse impacts, which tli pr9posea Ise may have on the area in which it is located. (2) The conditions may: (a) Increase requireme' rit 'lin the standards, criteria or policies established by this title; (b) Stipulate the exact tocation'as a means of minimizing hazards to life, limb, property damage, erosion, landslides or traffic; (c) Require" truc:t6ra1 features or equipment essential to serve the same purpose set forth "I' ose conditions similar to those set forth in subsections (2)(b) and (2)(c) of this section �'brgiti as erred necessary to establish parity with uses permitted in the same zone in their freedom fro nuisance generating features in matters of noise, odors, air pollution, wastes, vibration, 4, f'ic, 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; 35 (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. 36 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 administratorvy � haII determine if the above conditions are present prior to authorizing the vacation. Vacation of any liitt shall be documented by the filing of a notice of land use permit vacation on a form prod , 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 establish � 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 chapters hall be/,deern6d, eed b(to nuisance and violation subject to penalties and remedies available under state law�and ' o`odes'. The enforcement actions se` authorized under this code shall be supplemental to thogdh ral penalties and remedies of Chapter 6.02 YMC and the public nuisance penalties and r h edles available under state law and city codes. F 15.29.230 Relief, Waiver, Exemption. Any applicant desiring relief, waiver or exemption from any aspect or requirement of this chapter may request such, pursuant to and in compliance with the 'apppicable provision on variances, provided that the r. relief or exemption is contained in tlio ubmitted application for permit, or in the case of an existing or previously granted permit a request for m9dification of its tower and/or facilities. Such relief may be f temporary or permanent, partial of complete, No such relief or exemption shall be approved unless the applicant demonstrates by clear and convincing evidence that, if granted the relief, waiver or exemption will have no signific nl' effect on the "health, safety and welfare of the City, its residents and other service providers. 15.29 /,,e/,J% 4 word, phrase, sentence, part, section, subsection, or other portion of this chapter or any apation t eo to any person or circumstance is declared void, unconstitutional, or invalid for any lbkq ? reasoren uch word, phrase, sentence, part, section, subsection, or other portion, or the proscribed 11 applicatio f thereof, shall be severable, and the remaining provisions of this chapter, and all applications thereof, not having been declared void, unconstitutional, or invalid, shall remain in full force and effect. (b) Any permit issued under this chapter shall be comprehensive and not severable. If part of a permit is deemed or ruled to be invalid or unenforceable in any material respect, by a competent authority, or is overturned by a competent authority, the permit shall be void in total, upon determination by the City. 37