HomeMy WebLinkAbout03-13-19 YPC Packet111011119 M DEPARTMENT OF COMMUNITY DEVELOPMENT
Joan Davenport, AICP, Director
11 %Xk� uu:�; Dui k wi
PlOTY I° YAKIIMA
anning Joseph Calhoun, Manager
129 North Second Street, 2nd Floor, Yakima, WA 98901
ask.planning�yakimawa.gov • www.yakimawa.gov/services/planning
City of Yakima Planning Commission
PUBLIC MEETING
City Hall Council Chambers
Wednesday March 13, 2019
3:00 p.m. - 5:00 p.m.
YPC MPmhPrc-
Chairwoman Patricia Byers, Vice -Chair Jacob Liddicoat, Al Rose, Bill Cook, Robert McCormick,
Leanne Hughes -Mickel, and Philip Ostriem
Council Liaison: Jason White (District 2)
City Planning Staff:
Joan Davenport (Community Development Director), Rosalinda Ibarra (Community Development
Administrative Assistant), Joseph Calhoun (Planning Manager), Eric Crowell (Associate Planner),
Trevor Martin (Associate Planner), Colleda Monick (Community Development Specialist),
and Lisa Maxey (Planning Technician)
AGENDA
I. Call to Order
II. Roll Call
III. Staff Announcements
IV. Audience Participation
V. Approval of Meeting Minutes of February 27, 2019
VI. Discussion on Potential Text Amendments
• Small Cell Wireless Facilities
VII. Other Business
VIII. Adjourn
Next Meeting: March 27, 2019
MIS
094
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City of Yakima Planning Commission
City Hall Council Chambers
Wednesday March 13, 2019
Beginning at 3:00 p.m.
Public Meeting
*PLEASE WRITE LEGIBLY'
ISBN=
Page 1 03/13/2019 YPC Public Meeting
Audience Participation Slip (PLEASE PRINT)
Please complete this form for the record and submit it to the Clerk of the board prior to
addressing the Committee.
Name: I '� �, ., UJ c
Subject/ Agenda Item Number(s): V S Ing l( C Q (�
E-mail: r u t c RtV, FQCoil
Mailing Address*- � j F h L
*Please provide your mailing address on this form. When addressing the Commission, state your
name and whether you live inside or outside the City limits.
The Commission welcomes input from the public both during "Audience Participation" and during
discussion of regular agenda items. Please note that the Commission meeting is being televised on
Y -PAC, cable channel 194. Profanity, personal attacks, derogatory remarks or other inappropriate
language or behavior are not be permitted.
Thank you for your comments.
Audience Participation Slip (PLEASE PRINT)
Please complete this form for the record and submit it to the Clerk of the board prior to
addressing the Committee.
Name-
Subject/
ame;
Subject/ Agenda Item Number(s):
E-mail...
Mailing Address*:
*Please provide your mailing address on this form. When addressing the Commission, state your
name and whether you live inside or outside the City limits.
The Commission welcomes input from the public both during "Audience Participation" and during
discussion of regular agenda items. Please note that the Commission meeting is being televised on
Y -PAC, cable channel 194. Profanity, personal attacks, derogatory remarks or other inappropriate
language or behavior are not be permitted.
Thank you for your comments.
City of Yakima Department of Community Development
Affordable Housing White Paper
City Council Study Session March 12, 2019
Summary
Like most communities in Washington State, and indeed throughout the nation, the City of Yakima does
not have an adequate supply of affordable housing to meet the needs of our community. Housing is
defined as "affordable" if the costs do not exceed 30 percent of a family income. Families who spend
more than 30 percent of their income are considered cost burdened and may have difficulty affording
necessities such as food, clothing, transportation and medical care.
Families that spend 50 percent of their annual income on housing are considered severely cost
burdened. Statewide, over 51% of renters are cost -burdened and nearly 234,000 households are
severely cost -burdened today. A family with one full-time worker earning the minimum wage cannot
afford the local fair -market rent for a two-bedroom apartment anywhere in the United States (2015
Washington State Housing Needs Assessment). In order to reduce the cast burden to families there is
a gap (need)of 3,300 housing units affordable to those earning lower incomes in the City, according to
the 2015 Washington State Housing Needs Assessment. This is the estimated measure of families
(10% of families) that are currently struggling to cover housing related costs in our community.
Yakima Housing Facts
The City of Yakima currently has approximately 35,980 housing units for 94,190 persons. Average
persons per housing unit is 2.66 persons. In 2014, 54 % of all housing units were owner -occupied and
46% rentals. Vacancy rates for existing housing units is very tight. Less than 2% of the rental units are
vacant at any particular time. Single family homes on individual lots are the dominant housing type in
Yakima.
Findings
• Vacancy Rates, especially for rentals, is very low. Available rentals in Yakima have been
reported to drop from 7.8% to 1.7% vacancy rate between 2014 and 2016 (Runstad Center for
Real Estate Research). Today's vacancy rate for rentals in Yakima is estimates at about 1 %.
• Home Ownership remains out of reach for many. Approximately 44% of our City families
cannot afford to purchase home at the area Median Home price. Median single family home
values (June 2016) in Yakima was $156,500 (compared to $275,600 in Wenatchee, $183,300 in
Spokane and $216,300 in Tri -Cities). To afford the purchase of a median value home in Yakima,
a family would need to make at least $38,500 annually ($3,200 monthly).
• Many households are cost burdened. In the City of Yakima, 32% of renters are cost
burdened and 49% of home owners are cost burdened (2012 study).
• New construction of multi -family units has not kept up with demand. Between 2009 and
September 2018 a total of 916 new single family homes were permitted for construction. In that
same time period, only 281 housing units in duplex structures were built and 596 units of
multifamily type buildings (more than 3 units per structure). Over this ten year period, a total of
1,793 housing units were issued building permits in the City of Yakima, or an average of 180
permits per year. In 2018, we had 265 new housing units created.
• Smaller Household size. Over half the Yakima households are one or two people with no
children. In 2015, 29 percent of Yakima's 33,074 households were single persons and 24
percent of the households were couples with no children. These population demographics may
11 Page
be indicators of a market demand for smaller homes, with smaller lots in a walkable setting.
Townhouse type development and other moderate density to higher density settings may be
responsive to this market.
• Housing choices for low to moderate income families in Yakima is severely limited. The
Median Family Income in the City of Yakima is $43,089 (2016 ACS data) which is 27% lower
than the Washington State Median Family Income. An estimated 22.5% of our residents live
below the Federal Poverty level. The illustration below shows the distribution of household
income by employees in the Yakima Urban Area. Yakima is shown in the orange color bar, the
Nation as a whole is shown in gray. Median family income is noted by the black bar.
Wage Distribution in Yakima County (Central) --Greater Yakima City Puma
1...inr...ty cli n(_S � Y-11 b, V r'o(f Par_iit ni<ti(>i rt r.3:,
New Housina Units Permitted Since 2010
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DATA USA-.
Type/Year
2010 1
2011
2012
2013
2014
1 2015
2016
2017
2018
Total
Single -Family
91
66
64
73
78
113
107
90
144
826
Duplex
18
18
30
18
40
24
40
32
70
290
Multi -Family (3+ units)
277
96
72
30
21
3
0
3
51
553
Total New Housing
386
180
166
1 121
139
140
147
1 125
1 265
1669
Units:
Pooutatton Growth to Housina Starts
2�Page
2011
2012
2013
2014
2015
2016
2017
2018
New
CensOus
City
91„196
91,630
91,930
92,620
93,080
93,220
93,410
93,900
94,190
Population
New Pop
925
434
300
690
460
140
190
490
290
3,919
Avg. new
families
355.8
166.9
115.4
265.4
176.9
53.8
73.1
188.5
111.5
1,507
(2.6
people
New
Housing
386
180
166
121
139
140
147
125
265
1,669
Starts
2�Page
Existing City of Yakima Housing Inve
SF N 22,303 1I 61.98%
3,078 8.55%
3 -4 units 2,383 6.62%
5+ units 6,216 17.27%
Mobile Homes in parks 2,003 5.57%
Total housing units 1I 35,983 1 100.00%
Strategies for the City of Yakima
There are a number of issues the City of Yakima may want to consider in order to promote the
construction of affordable housing. This report will summarize the following issues:
1. Does the City have adequate supply of land zoned for housing, including alternatives to single
family homes? What zoning districts encourage rental housing development?
2. Are there local regulatory barriers that inhibit affordable housing development? Are there
regulatory incentives we can offer to encourage housing construction?
3. Are construction costs & permitting timelines in the Yakima Area consistent with other
communities? Can they be improved?
4. Frontage Improvements and Utility Costs associated with new or infill development.
5. What programs has the State of Washington enabled that the city might want to take advantage
of and what steps are necessary to implement the programs?
6. Should the city of Yakima consider tools to address blight, such as those properties identified in
the Vacant Housing list? One tool may be an Urban Renewal District which requires designation
of Blighted areas.
7. Should the city of Yakima consider a maintenance Code to assure that existing rental housing is
preserved as well as descent and safe? What are the disadvantages to this approach?
I. Supply of Land Zoned for Housing
Based on population projections and guidelines issued by the Growth Management Act, the Yakima
Comprehensive Plan 2040 identified the need to provide for 17,167 additional persons in the Yakima
Urban Area by 2040 and 8,556 new jobs. The 17,167 new residents would need 6,602 new housing
units over the 20+ year time or approximately 330 new housing starts every year. As stated in the
Housing Facts section of this report, there is a significant need for more affordable housing. To the
extent possible, a goal of the City of Yakima should be to promote approximately half of the new
housing starts (3,300 housing units) as affordable to our moderate and lower income residents. The
target of 330 new housing starts every year is significantly higher than the 180 average housing starts
we have experienced in the last 10 years.
._._.....
CITY OF YAKIMA — 2015
........ - ...... �
inventory
Total Acres
Vacant Acres
AS, Airport Support
815.91
1.0
B-1, Professional Business
382.00
48.0
B-2, Local Business
225.20
20.2
CBD, Central Business District282.40
_
20.1
GC, General Commercial
1,349.71
442.4
LCC, Large Convenience Center
195.69
12.4
RD, Regional Development
548.31_
232.2
SCC, Small Convenience Center
�
304.79
mmmITm
.. 44.3
M-1, Li ial
Light Industrial
g _..........
1953.14
,
_.........
851.1
2, Heavy Industrial
118.92
17.3
R-1, Single Family Residential
6,813.31
895.8
R-2, Two Family Residential
2,230.29
575.1
R-3, Multi -Family Residential
1,146.23
245.8
SR, Suburban Residential
1,565.26
194.6
While it is true we will need housing for
all income groups, the most significant
need is to encourage the construction of
housing that is affordable to low and
moderate income family rental housing,
which has a very low vacancy rate (less
than 2%).The 2015 Vacant Land Study,
a background document for the
Comprehensive Plan found the City had
an adequate supply of vacant land
which could accommodate 44,817 new
housing units. However, a suitable
tract of land for new housing has been
identified as one of the main obstacles
in getting new projects started. Housing
can be built in most zoning districts, but
land zoned R-3, Multi -family is limited.
The City could benefit from more R-3
_ww Grand Total 17,934.12 3,331 zoned land. A new process for minor
Sq. Miles 28.02 4.84 rezones was adopted with the 2040
- Comprehensive Plan which generalized
the Future Land Use category for Mixed Residential to include R-2 and R-3 zones. The Yakima
Planning Commission could be tasked with identification of specific areas or zoning district uses to
encourage housing.
To assist the public in finding property for potential development, the City IT staff created a Dashboard
for searching and information. This dashboard can be utilized at:
_apfjLV . W a. _ b991
a t rm lA i r a alc dashboai- llur � x..html#/dOd0f868918e4684b7ae977386b0
II. Regulatory Barriers or Incentives for Affordable Housing
The City needs to encourage construction of all housing types but particularly affordable housing. Some
steps to implement this goal have been taken while other options should be reviewed for future action.
Already Implemented:
41Page
✓ The City Council modified the zoning code in 2018 to streamline construction of "Accessory
Dwelling Units" (or ADU's). These are housing units which are built on lots that already have a
house or other structure.
✓ The City amended the zoning code in 2017 to allow clustering of housing units around a
common amenity in order to promote tiny home villages.
✓ With the exception of the Industrial zoning districts, new construction of housing is permitted in
nearly all other zoning districts and locations. The process for multi -family construction requires
notice to neighborhood residents within 300 feet in all districts except R-3 and projects with
more than 20 units require review under State Environmental Policy Act (SEPA) in most
situations. Neighborhood concerns ("Not in my Backyard — NIMBY") continues to be a challenge
for some affordable housing projects.
✓ The City of Yakima has not imposed any Impact Fees (as allowed under RCW 82.02) on any
construction projects.
✓ The City of Yakima offers a free Development Service Team project review. A follow up review
is available for $100. If a developer takes advantage of these programs, the actual project
review can be shortened because they have a better understanding of the Codes and
requirements.
✓ Multi -family Tax Exemption program (MFTE). This tax exemption provides an incentive to
construct multi -family housing in a targeted area of Yakima. This area has been defined as the
Central Business district and several properties have been constructed using the exemption
including the Lofts, the One Chestnut and the Nordstrom/Mills building. The program provides
an exemption of property tax increases for up to 12 years based upon qualified improvements of
the project and is governed by YMC 11.63.040. Should this area be expanded?
✓ The City of Yakima is an Entitlement Community for the HUD HOME program. Funds received
under this program must be utilized to create new housing units. HOME funds have been used
by the City of Yakima to support many partnerships and resulted in the construction of over 250
new housing units in the last ten years. Partners include Habitat for Humanity, Yakima Housing
Authority, Next Step Housing, Catholic Charities and others. The City Council recently approved
investing HOME funds to the 80 unit Bicycle Apartment project on North 50th Avenue and will be
working with the Yakima Housing Authority later this year for approximately 36 housing units at
the Armory development.
Future Options:
o The City of Yakima could review smaller lot sizes as a tool to encourage more diversity and
density of new homes.
o The Central Washington State Homebuilders indicated the preference of many clients for more
townhouse type homes. The Zoning Code could be reviewed specifically for techniques to
encourage this type of development in Yakima, especially located on individual lots.
o The City of Yakima could analyze the Municipal Code to determine if there are other options to
encourage infill of vacant land and buildings with residential uses that have been successful in
other communities.
o Many of the existing buildings in the Central Business District were constructed with boarding
house, hotels or other residential uses on the upper floors. These buildings often do not have
fire suppression sprinkler systems or elevators. The City could examine code options related to
these public safety measures to encourage redevelopment of these buildings with new
residential units.
5 11 g
o The State legislature adopted amendments to RCW 19.27.060(2) which allows for local
government to reduce the minimum dimensions of habitable spaces in single family housing
units in an effort to promote smaller homes.
o Promote accessory dwelling units in a wider range throughout the City.
o Examine "Inclusionary" zoning that requires a percent of new units to be below market rate.
III. Construction Costs and Permitting in the City of Yakima
The City of Yakima was invited to participate in a 2017 survey of five markets in Eastern Washington to
study housing costs. The five markets included Wenatchee/East Wenatchee, Yakima, Spokane,
Ellensburg and Tri-Cities/Benton County. The 8 -page report was issued in March 2018 and indicates
that construction of single family housing in the City of Yakima is competitive with the other four
markets. In some measures, Yakima is one of the two least expensive markets for development costs.
Areas where Yakima was most competitive was Median Value per square foot, total Sales Prices, total
Cost of Framing materials and total permitting fees. One area in which the Yakima market was high
was the Land Cost.
One area where Yakima fell in the middle of the group was the length of time for development
approvals. If the length of review time is perceived as excessive, this can be viewed as a potential
disincentive for development. Some options to reduce processing time include:
1. The zoning code could be examined for land use types where the review level is changed to
make more affordable housing type "permitted" Class 1 review projects, rather than requiring a
class 2 or Class 3 review. Under Washington State Environmental Policy Act (SEPA), review is
necessary for any project that has more than 20 housing units. One option the City might
consider is to make any SEPA exempt housing project a permitted land use.
2. In some Washington State communities, there is an option to pay an additional fee for expedited
reviews. In other communities certain types of land uses are given an expedited review if the
use is something the community wants to encourage.
3. As noted earlier in this paper some recent affordable housing developments in Yakima have
experienced active neighborhood opposition, which has added up to a year to the review
process. The NIMBY problem is a natural reaction to a project that might introduce diversity or
increased housing density into an area. The City could review options to reduce the NIMBY
effect, including community education and engagement. One solution may involve multiple
smaller projects spread broadly in the City, rather than a project of 30 or more housing units.
This could reduce the NIMBY opposition and streamline development of small scale projects.
There are some grant opportunities for assistance in financing the construction of housing for low to
moderate income families. One of the most significant challenges is to fund operational costs for
these developments.
IV. Frontage Improvements and Necessary Public Utility Costs
The cost of providing public utilities to new development has been noted as a concern for new projects
in Yakima. Public water and sewer are enterprise funds, primarily operating on the rates paid by
existing customers. Therefore, an adequate reserve fund for public financing of area wide
improvements or line extensions does not exist in either of these programs. Some grant funds have
been used in the past to assist in the extension of utilities into some areas. This funding is significantly
constrained. Yakima Municipal Code Title 12 directs many of the policy issues related to these
elements. To reduce frontage and utility costs, locations that already are served by public
utilities and complete streets should be prioritized for affordable housing projects.
Public water and fire flout/ — Public water is available from either the City of Yakima or Nob Hill Water
systems, depending on location. No new wells in City Limits for drinking water are permitted, although
there are still neighborhoods where public water is not currently available. The City recently extended
public water to a mobile home park on Fruitvale Boulevard due to a failed water system.
Public sewer — One of the most expensive items for new development is the common need to extend a
public sewer line to the site. Currently, the City has approximately 20% of the neighborhoods and areas
where no public sewer is available. The Yakima Health District does not recommend allowing any new
septic systems inside the City of Yakima if public sewer can be made available. The City of Yakima
does not have a robust Capital fund to finance the extensions of public sewer to all the regions of the
City where no sewer lines exist or the capacity of the lines are not adequate.
Developers cite the "to and through" policy requirement as adding expense burdens to projects, yet this
remains one of the principle methods of equitably extending sewer lines to adjacent properties. Late
comer agreements for sewer reimbursement are not popular, because the payback time is uncertain. In
some of our older neighborhoods, the cost of sewer connections is a financial burden to families in
existing homes that have old or failing septic systems. An alternative financing tool is the Local
Improvement District (LID). In some neighborhoods, property owners may not be able to afford to
participate in the LID or even afford the connection charges.
Street frontage improvements - Construction of new streets, or improvement to existing streets to
support a new development is a basic element of a project. There are many factors that impact the
nature of the street improvement necessary to support a new development. The City has adopted the
policy of "complete streets" that considers all users, including walking, biking and transit. This is most
important in walk to school neighborhoods and safe routes locations. On street parking is often desired
in a new development, but not required. Traffic calming is allowed on neighborhood streets, but not on
busy arterial streets. The City policy is for sidewalks on both sides of the street. Infill lots may be
exempt from some of the requirements to upgrade streets. Requirements for street frontage
improvements must have a "nexus" to support the need for physical improvements. A traffic study is
required for large projects to determine if "off-site" street improvements are necessary. The authority for
the traffic study is most often the State Environmental Policy Act (SEPA).
V. Washington State Legislative Affordable Housing Optional Programs
Several programs have been enacted by the State to encourage affordable housing.
Affordable Housing Fund Sales. and Use Tax increase. The State of Washington enacted an optional
sales and use tax increase of one-tenth of 1 percent for Counties and Cities in 2015 (RCW 82.14.530)
to be used exclusively for affordable housing projects and mental health programs. The cities of
Ellensburg and Olympia have adopted programs to impose this sales tax increase. The city of
Ellensburg anticipates it will raise approximately $450,000 to $500,000 per year from this program. The
City of Olympia anticipates close to $2 million a year in revenue. The program requires a ballot
measure for adoption. Both Ellensburg and Olympia conducted community workshops and studies to
get support to pass these ballot measures. If the city council is interested in this program, a study
session on implementation steps should be scheduled.
*+ + + + - I- 0•- + 1111M i0roMen _ + r
Effective June 7, 2018, RCW 39.33.015(8)(a) enables state agencies and local governments to dispose
of its surplus property at no or low cost to developers to construct affordable housing. There are
requirements as to the affordability period and other restrictions as to the use of the property associated
with the disposal. Municipalities must typically receive fair market value for surplus properties. Allowing
the sale of surplus property at a discounted rate will open up more land for development of affordable
housing. This program could streamline transactions of idle city owned land to housing agencies and
developers who will build qualified affordable housing units.
• Allowing for Smaller Residences:
In HB 11085, the legislature amended the state building code and related planning statutes to allow local
governments to reduce the minimum dimensions of habitable spaces in single-family residential units
below the standards set forth in the state building code. This bill is intended to enable the development
of smaller, more affordable homes, sometimes called tiny homes. RCW 19.27.060(2) now reads, in
relevant part:
The legislative body of a county or city... may adopt amendments [to its local regulations
implementing the state building code] that eliminate any minimum gross floor area requirement
for single-family detached dwellings or that provide a minimum gross floor area requirement
below the minimum performance standards and objectives contained in the state building code.
The City of Yakima has not adopted an amendment to the building code that allows this reduction in
gross floor area requirements.
Exempting Certain Property Intended for Low -Income Housing from Property Taxes: ESSB
5143 exempts real property owned by a nonprofit entity from state and local property taxes when that
land is being used for developing or redeveloping low-income residential housing. In particular, this law
extends the exemption to community land trusts where the land remains in the ownership of the
nonprofit but is leased to low-income households. There is no community land trust in Yakima.
• Increased Fundi n Available for Affordable Housina and Homelessness:
The legislature made permanent the $40 recording fee surcharge intended to raise funds for
homelessness and affordable housing. It also increased the surcharge amount to $62. A portion of the
surcharge is provided to counties to put toward their homeless housing program and a portion goes to
the state to be deposited in the Home Security Fund Account. The funds must be used for specific
purposes, and data collection requirements and metrics are incorporated to determine whether the
funds are addressing the homelessness problem. The City of Yakima is considering a request to
Yakima County that would reserve this increase in the filing fee for the capital project financing and
operations of a permanent low -barrier homeless housing project and /or homeless shelter.
VI. Maintaining Housing Stock
Preservation of the existing housing stock in the City of Yakima is critical to meeting the demand for
affordable housing. The condition of housing (both rental and home ownership) is essential to quality
life in the community. The City of Yakima, as an Entitlement Community, expends approximately 60%
of the Community Development Block GrantC( DBG) resources in the repairs for safety and health
items in the homes of senior citizens and disabled persons each year. This program has enabled
hundreds of elderly families to "age in place", delay entry into an assisted living situation, or simply
experience safety repairs that otherwise were not affordable. The City Council has strongly supported
this program but it is limited by available funding.
Much of the City of Yakima housing stock is old, with over 50% of the housing units constructed more
than 40 years ago. There is a strong correlation between housing age and housing condition. The
percentage of housing units that lack either a kitchen or plumbing varies by Census Tract between zero
81 Page
and 11.26 percent, with the high rate of no plumbing is found east of 161h Avenue. Other condition
issues have not been recently documented. The City of Yakima has adopted Municipal; Codes for
Chronic Nuisance properties (YMC 11.45), Dangerous Buildings (YMC 11.46) and Apartment
House/Hotel Safety Codes (YMC 11.13) but we have not adopted the optional Minimum Property
Standards (MPS).
Some community conversation has occurred related to whether the City should promote short term
rental housing such as those utilized as "Air Bed and Breakfasts (ABNB) or Vacation Rental
Businesses (VRBO). The Yakima Planning Commission will be holding Zoning Text Amendment
hearings in 2019 and will consider this topic along with other related short term rental issues. Some
communities in Washington State have experienced a negative effect of short term rentals on the
available housing market, as the vacation business removes units from the rental market.
The City of Yakima does not have a rental registry program, like Seattle does that requires inspection of
rental units on a routine basis. At this time, the City cannot demand an inspection of a rental unit, which
impairs the ability to write citations for unsanitary or potentially dangerous conditions. While there are
many positive reasons to support a Minimum Maintenance Code or program, one significant negative
affect would be the potential to displace low income persons from housing without any other housing
resources to provide shelter. The City does not maintain a vacant residential building program at this
time. The City Council has started a discussion of the goals and intended outcomes that may result
from a vacant building program. If the City of Yakima adopts and enforces minimum maintenance
standards, some housing units will be upgraded especially with public safety improvements. However,
some housing units will likely be abandoned and some tenants may be displaced.
City Council Action Steps
This Study Session was intended to summarize the role of the City in Affordable Housing, and identify
action steps to encourage housing starts, especially those that may be below market rates. The City of
Yakima has many partners in this community that have broad expertise in housing issues who could
assist in providing recommendations or insight to the Council.
Action Steps for the City of Yakima:
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eincourage iinew tiousiiing of all types
e. Revie ,the concept of lmnclllm.uslloiruwry 1°lorrsiing Oiir liinances tllW�iat urequti,riiiure set-aside.cip
t'r)r affomrdable III[iousing or payirrwrits iiirito a fund fair affordable housing. Seal fle amnd
l ortllarid Ilhave n~ nirmniiiillllaur° ourrtiiiina nr°irros itllll°i mixed resrullllt:s
f. li
�evliue slllmort teuiun°i ur°irritat rWouriliimrmg uimind llliirrrrrisimiutl mregirlllatliioup°is )Alllmtlttlllmt or IIIIIqtt;;t)m
2. Direct the Healthy Community and Neighborhood Building Committee (NCNB) to review this
report and prioritize policy options for the full Council, including:
a. Review methods to encourage below market rate construction of multi -family housing.
b. Work with Yakima Housing Authority to bring more rent vouchers to Yakima from HUD.
91 Page
c. Explore potential rehabilitation incentives the City could offer existing_building owners to
develop mixed use projects with commercial/office on ground floors and housing units on
upper floors.
3. The full City Council should evaluate some of the crucial policy issues related to encouraging
new housing starts.
a. The City has adopted the Multi -Family Housing Tax Credit Program, authorized in YMC
11.63.040. The program is limited to CBD zones. Should it be expanded?
b. If the council decides to review development standards, such as changes to utility
policies or street frontage improvements, a broad community discussion should be
convened and include organizations like the City of Yakima Bicycle and Pedestrian
Committee. The ability to offer any incentives or discounts from the City Water Division
or Sewer Division is ultimately a rate payer and City Council policy decision.
c. Consideration of the adoption of the minimum maintenance code and a rental registry
could involve review by a variety of stakeholders, including but not limited to, tenant
rights organizations, health industry professionals and landlord organizations.
d. The Council may want to discuss strategies to address vacant and abandoned buildings,
like the Community Renewal District.
e. CDBG and HOME Entitlement funds from HUD have been spent cautiously and
strategically invested. However, there is broad authority to modify program investment. If
the City would like to be briefed on these program options, a Study Session may be
appropriate.
Submitted by Joan Davenport, Director
City of Yakima Planning Commission (YPC) Meeting Minutes
City Hall Council Chambers
February 27, 2019
Call to Order
Chairwoman Patricia Byers called the meeting to order at 3:00 p.m.
Roll Call
YPC Members Present: Chairwoman Patricia Byers, Vice -Chair Jacob Liddicoat, Al Rose,
Bill Cook, Robert McCormick
YPC Members Absent: Leanne Hughes -Mickel (excused), Philip Ostriem (unexcused)
Staff Present: Joseph Calhoun, Planning Manager; Lisa Maxey, Planning
Specialist
Council Liaison: Jason White, District 2 (absent)
Others: Sign -in sheet in file
Staff Announcements — Planning Manager Joseph Calhoun announced that updated copies of
the Urban Area Zoning Ordinance have been distributed to the Commission members; the
updates include the text amendments the Planning Commission worked on last year and were
approved by City Council. He also stated that the rezone proposal for property at 5231
Powerhouse Rd. is scheduled for a City Council public hearing to consider the Commission's
recommendation on March 5, 2019.
Audience Participation - None noted.
Approval of Meeting Minutes of January 23, 2019 — It was motioned by Commissioner Rose
and seconded by Vice -Chair Liddicoat to approve the meeting minutes of January 23, 2019. The
motion carried unanimously.
Opening of the 2019 Comprehensive Plan Amendment Process — Calhoun made it known
that City Council opened the 2019 Comprehensive Plan Amendment (CPA) process via
resolution on February 19th, adding that the Planning Commission needs to formally open the
process by motion. CPA applications will be accepted through April 30th. It was motioned by
Chairwoman Byers and seconded by Commissioner Rose to open the 2019 CPA process. The
motion carried unanimously.
Discussion on Potential Text Amendments — Calhoun explained that City Council recently
directed the Commission to make a recommendation on a definition of congregate living facility
to incorporate into the municipal code. Discussion took place on the Commission's previous
recommendation to City Council for this term. The Commission requested that staff review the
Council meeting in which it was discussed and report back on what Council was not in satisfied
with in the Commission's recommendation so they can continue to discuss this matter.
Calhoun began the discussion on townhouses and stated that staff will provide draft language
based on feedback from the Commission. Staff and Commission members spoke about issues
such as parking, traffic, open space, common areas, and establishing townhouses through
planned developments. The Commission voiced their desire for receiving input on this topic
from the Central WA Homebuilders Association, school districts, and others.
Robert Schroeter, Executive Officer of the Central Washington Home Builders Association,
described townhouse developments he has observed in other cities, noting that many
townhouses are used for Airbnb. Schroeter added that townhouses can help accomplish infill,
and can also be placed downtown where cars are not as essential. He stressed the importance
of limiting regulations to help make new housing cost effective.
-1-
Calhoun said he anticipates combining all proposed text amendments into one application, and
will start forming draft language for the Commission.
Calhoun then shared with the Commission proposed changes to Yakima Municipal Code (YMC)
Ch. 15.09 Special Development Standards, including a correction to the purpose statement,
housekeeping changes, and revisions to retaining wall regulations.
Calhoun made the Commission aware that language pertaining to short-term rentals, such as
Airbnb, will be drafted. He included that proposed language relating to small cell wireless
facilities will be reviewed at their next meeting in which agency representatives will be in
attendance.
Other Business —The Commission reiterated their request for feedback on housing development
regulations throughout this text amendment process.
Adjourn - A motion to adjourn to March 13, 2019 was passed with unanimous vote. This meeting
adjourned at 3:47 p.m.
Chairwoman Byers
Date
This meeting was filmed by YPAC. Minutes for this meeting submitted by: Lisa Maxey, Planning Specialist.
-2-
City of Yakima Planning Commission
March 13, 2019
Modifications to YMC Ch. 15.29 — Small Cell Facility
....... ........ ......... ......... ......... ......... ........ ......... ......... ......... ........ ......... ......... ......... ......... .........
1. Background
Small Cell Facility infrastructure is an integral component to the wireless industry's deployment
of 5g services. These facilities are generally more discreet than full-sized cell towers and are
capable of being added to existing infrastructure such as utility poles. These initial draft code
sections will add pertinent definitions, standards, and review procedures for implementing Small
Cell Facilities in Yakima. Industry representatives who have worked with other cities in
Washington have contacted the Planning Division and are interested in working with us through
this process.
2. YMC Ch. 15.29 Draft Edits
... ......... ......... ........ ......... ......... ......... ........ ......... ......... ......... ......... ........ ......... ......... .........
15.29.010 Purpose.
The purpose of this chapter is to establish general guidelines for the siting of wireless
telecommunication facilities, including towers, antennas and support structures.
B. si. 3allll cellll lfaclilllitlies antennas and support
New Uses. new telecommunication towers,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,�,,,,,,
structures shall comply with this chapter ° ” Gtw
CAapt-W.
15.29.020 Definitions.
For the purpose of this chapter, the following terms shall have the meanings ascribed to them
below. Additional definitions pertaining to the Yakima urban area zoning ordinance can be found
in Chapter 15.02 YMC.
"Siniallll cellll lfaclilllit " means lfaclilllitlies sirnialllleir than a tiradlitlionall cellll toweir untended to au irnient and
..........................................................................................................Y........................................................................................................................................................................................................................................................................................................................................................................................................................................................................g.................................................................
enhance exlistlin wliirelless toweirs. a hese acre t �licallll attached to utlilllit Bolles oir otheir stiructuires
in the �ulflllic irli ht olf wa a hlis linclludes otheir technollo lies sliin�lillair to siniallll celllls such as
nilicirocelllls and dlistirlilf�uted antenna systeirnis (IC:�AS`�.
15.29.040 Permits required.
The following table summarizes the permits required for the various types of personal wireless
service facilities that meet the standards of this chapter:
rab�le 29 1.5
airea
15.29.060 Development standards.
i0the��Un�.
15.29.070 Design criteria.
A. All facilities
shall comply with the following standards:
7. Stealth Requirements. Any facility in or within three hundred feet of residential zoning
district or protected area must be concealed within a stealth structure unless otherwise
approved through awireless conditional use permit. Stealth structures shall bedesigned as
a. The stealth camouflage structure or facility must becompatible with surrounding
development by being either similar in height to surrounding structures or a sufficient
b. Stealth designs.s ha.1.1 reflect features that are indigenous to the area. .II....:. .x°
Towers designed to look like trees ,l a.�l,ll,be tree types that naturally or commonly
occur in the surrounding neighborhood or district, s ha.1.I„ I.b..e .11gg a t e d...w.J1nJn...g.!a e....h!.LJ..rn d.lr.ed..
fq t of q ustun„g tirees and _hallll not exceed the aveir��ge heli„ght o�„rneairlfa„y tiree Ifay in�glr
than ten neircent oir ten lfeet whlicheveir Is hli heir..n oweirs that onll add airtlilflicliall
fairanches Illiin)lfas or other ve etatlive lfeatures whlille stlillll iniaiintaiiniin the a�n�neairance off a
................r...............................................................................q......................................................................................................................................................................................................................................................g........................................U......ll...........................................................................................
!a n glr tca�v lr a.1. enol o n ii eyed steallth desligrn
...
Towers designed to look like buildings or structures must be of a design that
reflects local architecture or structure types. n...oweir .......................... ii„grn to look lliilk t p�II _2!2
q,lauirch ,hallll Ifa o�C a„h6g..bt„2 nd spalls �nirc��noirtuc�,n��ll tq,�he Ifa��,iilld.1 q, osugrg doth lr chuirp,l�o
urn the air,ga earn 1..) vi1 e ox��Irr�Il nllo oIC acpgp ntalfall,q p niro��c�irtuorn, Ifaotw en the su�o ,c�IC the
..Il all...._2.!a......�.b...._ !j. �.....ca.:�....t h .....q la_U irq h.....lb �� ii II ii.n g...j..k.
it ;s„.....tea m.
ex4m-plIe741owers designed to look like flag poles'
haJIll„ Ihg„ fella ![ „ and have the
common dimensions of flag poles, both in height and girth, and ha.I�y2��arg ��g„
on a regL lar Ibasus. ve s �& wed to.... st l � a--� ht
...... �
r 14 U. � Il , il.... -, n.....t c e t;. .....st . Ile ,.....s
.. After completion of construction, the antennas, towers and related facilities will be
maintained within the stealth structure so as to be concealed from view or be viewed as
the camouflaging stealth structure; and
g. The administrator may impose other conditions or mitigations reasonably related to
such structures as warranted by special conditions of the subject property and the type
of camouflaging structure, including but not limited to additional or supplemental
setback requirements, maintenance requirements, and other measures intended to
accomplish the purposes of this chapter and section.
. Antenna Criteria. Antennas linclludlin sirniallll cellll lfaclilllitlies not Ilocated wlithlin the irli ht..op..
........ g...............................................................................................................................................................................................................................................................................................g....................................
Y,,,,,cir,,,,c,rq ,ii,llii,�,y lla,llon 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 for technical reasons. In no event shall an antenna project
more than sixteen feet above the roofline, including parapets.
lairaclkets and ,ga.lUlljnq shall be constructed, painted, or fully screened
c. a antenna, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
,,,,,,,,,,,,,,,,,,,
to match as closely as possible the color and texture of the building and wall on which it
is mounted.
d. .I::::utuire oir in2ulltli elle linstallllatlions of antennas shallll ensuire Ifaallance ands in�in�etir
....................................................................................................................................................................................................................................................................................................................................................................................y.............................................y.
yrlagrn pal.g.girn.q ad6 iio nail antennas cern the fa ads olf the Ifaulilldlin
e. 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.
f. 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 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.
iv. If the antenna is placed on the roof or above the top of a building, it shall provide
a minimum setback equal to the height of the panel antenna from the rooftop edge.
v. 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.
13. SiniaEl cellll 'faclilllitlies Ilocated wlithlin the �ulfalllic irli ht off wa oir on utlilllit Bolles shallll coins SII wlith
th.....:fp.II Ilii..!�..g.....
... II Ne.. ht.. (:fin utlilllit Bolles the sin�allll cellll Ifaclilllit shallll not lincirease the heli ht olf the nolle Ifs
noire than slix lfeet and shallll not exceed the irniaAi nluirni heli('"ght lfgE the 7onlin(g 6stirlict It Is Ilocated
.................... .............................. ......... ...............................................................N...........................................................................................................................................................................................................................................................................n°"R.......................................................................................................n°....................................................................................................................................
!..n.....�� Ir. ii..D.g.....�.q............:j...��..::....::...�......�....j..::.
. Slue. Il::::::ach sirniallll cellll 'faclilllit shallll Ifae Ilocated lin an encllosuire not reateir than seventeen
C.1-1lalic lfeet lin volluin)e........... Assocliated condulit in�ountlin fairaclket oir extenslion airing elI ctirlic in�eteir
.................+......................................................................................................................r.........................................................................................................................r...................................................................................................x.
conceallirnienttellecoirniirnlunlicatlions deiniaircatlion Ifaox round lfaased encllosuires Ibatteir IfaaclL u
oweir s steins roundliD.g e uli inventoweir swlitch and cut Off swlitch imafae Ilocated outslide
the irliiniair e uli invent encllosuire s and sire not linclluded lin the callcullatlI n olf e uli invent
..........................................Y..............q......... ....1I................................................................................................................C......... j.....................................................................................................................................................................................................................................................................................................q............. U........................................
volluirnie. I::::::ach antenna shallll Ifae Ilocated linslide an antenna encllosuire off not imoire than thiree
....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
cublic'feet lin volluin2e oir lin the case off an antenna that has ex,s the antenna and
allll of Its exposed ellein�ents shallll fit wlithlin an liin�a linair encllosuire o'f not imoire than thiree cublic
.........................................................................U...........................................................................................................................................................................................................................................................g...........................Y..........................................................................................................................................................................................................................................................................
.feet.
..............................
3. olloir. "I"he colloir of the Ifaclilllit IncllL16n faoth antennas and e uli invent shallll Ifallend lin wiith
y„r........................................................q,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,q,,,,,,,,,,...I,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,..,[.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ..
the stiructuire lin whlich lit lis Ifaelin attached to oir lints crated wlith.
............................g................................................................................................................................g.......................................................................
Il.....li htlin in�allll cellll 'faclilllitlies shallll not Ifae IIIIIILMIIInated.
. I.N o..J..s e. SiniaEl cellll 'faclilllitlies anong with theliir assocliated e uli,..) t cablinets and otheir
stiructumr . shallll not eneirate n6se to a de free that the vliollate Y 6.04.1 . Il:::1asslive coolllin
q:f....:[a. .iiIIii�ii .....!I...... rn 0L�Ira:q ....:.
5. Caimo.Ufla e R q.g.jireiments. AE1 new sima�H ce.jI.] fa6l�lklfies I ficafions to simaEl
.. .......... q .... . . .. ...... and in.a sir =6
........ ....................................................................... ..... ....... , . ......... ........... 2 ................................................................................................................................................................................ .. .... ....................... ..... ........................ ......................... ........... ........ 1 ....................................................................................................................................................................
II II fa6l1lklfies nIUSt Ibe caimOUfla ed as defined �by 3 2 .. .......... 2 q
!�.Is cha t ir. A )
........ ......................................................................... ......................................................................................................................... q [gl [.1ate caimOUfla
. ............................................................................................ ......... ........... ......................... 1�
.......... ...... .... .......................................................................................... q
e e..i[n.) I n e..d o n a s I I c ba.§ls ta.k.ln Into aCCOUnt ekl.sfing . ..... and natUira�l featUires
. .. ................. ................ ................... ............ . ........... g
.... ... ................. ......... ........................ ...... . ........................................................................................ .................. ........................ ........................................................................................................................................
�.b o t h o n a n d S L..1 i.r..ir. 0 L.j. n dj! n q the §lte. "I he cober of the fa6llljlty
..... ..... .. ..... ...... .... ..... .... ..... ..... ..... ..... . . ......................................................................................................................................................................... .......................... ......... ... . ..... InCki6..ng nas and
.......................................... ........ . ..... .......................................................
2 atter c he d ........... t o ............ o i r iirnt !r al e d w.1.1 h
Antennas, Ibirackets. and caUlllna shaEl match the cober of the eQUIrmient, wNch shaEl
in.]. al c h t h e c o..121. If t h e s !ir. L..1 Cl L..1 i.r e 1.1 lig b6ing i
............................ . ....... g� . ..... p2�. �.j b.l..e.....
Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
Chapter 15.29
MAIN IN11a0-MK/J►iQi111►1[K1NN161 1;1&TOIaINIO R
Sections:
15.29.010
Purpose.
15.29.020
Definitions.
15.29.030
Exemptions.
15.29.040
Permits required.
15.29.050
Application submittal/fees.
15.29.060
Development standards.
15.29.070
Design criteria.
15.29.080
Site selection standards.
15.29.090
Safety and industry standards.
15.29.100
Wireless conditional use permit criteria.
15.29.110
Wireless height variance.
15.29.120
Application review process.
15.29.130
Balloon tests—Visual impact assessments.
15.29.140
Third -party review.
15.29.150
Nonuse/abandonment.
15.29.160
Transfer of ownership.
15.29.170
Vacation of permits.
15.29.180
Violation Penalty.
15.29.190
Relief, waiver, exemption.
15.29.200
Severability.
Page 275/315
15.29.010 Purpose.
The purpose of this chapter is to establish general guidelines for the siting of wireless telecommunication facilities,
including towers, antennas and support structures.
A. Goals. The goals of this chapter are to:
1. Enhance the ability of personal wireless service providers to provide such services throughout the city
quickly, effectively, and efficiently;
2. Encourage personal wireless service providers to locate towers and antennas in nonresidential areas;
3. Encourage personal wireless service providers to co -locate on new and existing tower sites;
4. Encourage personal wireless service providers to locate towers and antennas, to the extent possible, in
areas where the adverse impact on city residents is minimal;
5. Encourage personal wireless service providers to configure towers and antennas in a way that minimizes
any significant adverse visual impact; and
6. Provide for the wireless communications needs of governmental entities.
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;
The Yakima Urban Area Zoning Ordinance is current through Ordinance#2016-031; effective January 8, 2017
Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
Page 276/315
4. To accommodate an increased need for towers to serve the wireless communications needs of city
residents;
5. To promote and encourage co -location on existing and new towers as an option rather than constriction of
additional single -use towers, and to reduce the member of such structures needed in the future;
6. To consider the public health and safety of towers to the extent permitted by the Telecommunications Act
of 1996; and
7. To avoid potential damage to adjacent properties through sound engineering practices and the proper siting
of antenna support strictures.
B. New Uses. All new telecommunication towers, ...small ....cell facilities,. antennas and support strictures shall
comply with this chapter s db tl di w +444i�e-�'aa+R4 4a .
C. Existing Uses. All telecommunication towers and antennas existing on the effective date of the ordinance
codified in this chapter that are not in compliance with this chapter 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 constriction other than routine maintenance on existing towers, antennas, buildings or
other facilities shall comply with the requirements of this chapter.
D. Facilitation of Wireless Service. These standards were designed to comply with the Telecommunications Act of
1996. The provisions of this chapter are not intended to and shall not be interpreted to prohibit or to have the effect
of prohibiting personal wireless services. This chapter shall not be applied in such a manner as to unreasonably
discriminate between providers of functionally equivalent personal wireless services.
E. Conflict with Other Standards. To the extent that any provision of this chapter is inconsistent or conflicts with
any other city ordinance this chapter shall control. Otherwise, this chapter shall be construed consistently with the
other provisions and regulations of the city. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A)
(part), 2013).
15.29.020 Definitions.
For the purpose of this chapter, the following terms shall have the meanings ascribed to them below. Additional
definitions pertaining to the Yakima urban area zoning ordinance can be found in Chapter 15.02 YMC.
"Abandonment" means to cease operation for a period of sixty or more consecutive days.
"Administrator" means the director of the city's department of community development and his or her designees.
"Antenna" means any exterior apparatus designed for telephonic, radio, data, Internet, or television communications
through the sending and/or receiving of electromagnetic waves, and includes equipment attached to a tower,
structure or building for the purpose of providing wireless services, including unlicensed wireless
telecommunications services, wireless telecommunications services utilizing frequencies authorized by the Federal
Communications Commission for "cellular," "enhanced specialized mobile radio" and "personal communications
services," telecommunications services, and its attendant base station.
"Antenna height" means the vertical distance measured from the base of the antenna support stricture at natural
grade to the highest point of the stricture 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 stricture's perimeter. "Antenna support stricture" means any pole, telescoping
mast, tower, tripod, or other stricture 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.
The Yakima Urban Area Zoning Ordinance is current through Ordinance#2016-031; effective January 8, 2017
Chapter 15.29 WIRELESS COMMUNICATION Page 277/315
FACILITIES
"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.
"Base station" is defined as a facility or support stricture 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 impracticable tinder the facts and circumstances. The term includes, without limitation: (a) the use of
strictures, design, colors, landscaping and location to disguise, hide, blend, or integrate with an existing stricture
that is not a monopole or tower; (b) placement of a wireless facility or component thereof within an existing or new
stricture, (c) "stealth strictures" in which the antenna or other wireless facility component is disguised or concealed
within a structure designed to appear as another stricture (such as a church steeple or 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 stricture, 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 mounting or installation of an antenna or antennas on an existing tower or wireless facility
for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
"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" 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 to 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 cross -arms, poles without cross -arms, 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.
The Yakima Urban Area Zoning Ordinance is current through Ordinance#2016-031; effective January 8, 2017
Chapter 15.29 WIRELESS COMMUNICATION
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"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.
"Hearing examiner" means the duly appointed hearing examiner of the city.
"Major modification" means a co -location or other modification that constitutes a substantial change to an existing
wireless facility or base station as set forth in YMC 15.29.060(A)(2).
"Minor modification" means a co -location or other modification that does not constitute a substantial change to an
existing wireless facility or base station as set forth in YMC 15.29.060(A)(1).
"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 change -out 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 repair and maintenance as defined by this chapter.
"Mount" means the structure or surface upon which personal wireless service facilities are mounted. There are three
types of mounts:
1. Building Mounted. A personal wireless service facility mount fixed to the roof or side of a building.
2. Ground Mounted. A personal wireless service facility mount fixed to the ground, such as a tower.
3. Structure Mounted. A personal wireless service facility fixed to a structure other than a building, such as light
standards, utility poles, and bridges.
"Natural grade" means the topographic condition and level of ground in place for the past five years or more, or the
approved finished grade of land platted through the subdivision process.
"Occupy" means to construct, install, maintain, own, or operate telecommunications facilities located within city
rights-of-way. The mere passage of electronic signals over, under, or through rights-of-way via telecommunications
facilities owned by another telecommunications provider does not constitute occupying the rights-of-way.
"Overhead facilities" means utility facilities and telecommunications facilities located above the surface of the
ground, including the underground supports and foundations for such facilities.
"Person" means corporations, companies, associations, joint stock companies, firms, partnerships, limited liability
companies, other entities and individuals.
"Personal wireless service," "wireless service facilities," "wireless facilities" and "facilities" used in this title shall
be defined in the same manner as in 47 USC Section 332(c)(7)(C), as they may be amended now or in the future,
and includes facilities for the transmission and reception of radio or microwave signals used for communication,
cellular phone, personal communications services, enhanced specialized mobile radio, and any other wireless
services licensed by the FCC and unlicensed wireless services.
"Protected areas" are: (a) the area commonly known as the Barge -Chestnut Neighborhood situated within the area
bounded on the west by 36th Avenue, on the north by Summitview Avenue, on the east by 16th Avenue, and on the
south by Tieton Drive; (b) established federal, state or local historic districts or historic district overlay zones; (c)
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); (d) sites, buildings,
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Chapter 15.29 WIRELESS COMMUNICATION
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strictures or objects listed in the National Register of Historic Places; (e) state and local wildlife refuges, and
permanently protected archeological sites; and (f) 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/or 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.
"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.
"Rights-of-way" means land acquired or dedicated for public roads and streets, as further defined in YMC
15.02.020, but does not include (a) strictures, including poles and conduits, located within the right-of-way; or (b)
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.
"Screening" means an opaque fence and/or evergreen landscaping that fully conceals the property it encloses.
"Secondary use" means a use subordinate to the principal use of the property, such as commercial, residential,
utilities, etc.
"Security barrier" means a wall, fence, or berm that has the purpose of sealing a personal wireless service facility
from unauthorized entry or trespass.
"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.
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"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.
"Telecommunications carrier" includes every person that directly or indirectly owns, controls, operates or manages
plant, equipment or property within the city, used or to be used for the purpose of providing telecommunications
services to locations outside the city.
"Telecommunications service" means transmission of information, except cable television service, by wire, radio,
optical cable, electromagnetic, or other similar means, for hire, sale, or resale to the general public. For the purposes
of this definition, "information" means knowledge or intelligence represented by any form of writing, signs, signals,
pictures, sounds, or any other symbols. "Telecommunications service" excludes the over -the -air transmission of
broadcast television or broadcast radio signals, and facilities necessary for governmental purposes. The city shall act
on an application within a reasonable period of time, taking into account the nature and scope of the application.
Any decision to deny an application shall be in writing, supported by substantial evidence contained in a written
record. The city shall approve, approve with conditions, or deny the application in accordance with the time frames
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Chapter 15.29 WIRELESS COMMUNICATION Page 280/315
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set forth in specific sections of this chapter, YMC Title 16, Administration of Development Permit Regulations, and
in accordance with other applicable ordinances.
"Telecommunications service provider" includes every person that directly or indirectly owns, controls, operates or
manages plant, equipment or property within the city, used or to be used for the purpose of offering
telecommunications services, except cable television service, to residents, businesses or other locations within the
city.
"Tower" means any stricture that is designed and constructed primarily for the purpose of supporting one or more
antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term encompasses personal
wireless service facilities including radio and television transmission towers, microwave towers, common -carrier
towers, cellular telephone towers or personal communications services towers, alternative tower structures, and the
like. "Tower" also includes any structure built for the sole or primary purpose of supporting FCC -licensed antennas
and their associated facilities.
"Underground facilities" means utility and telecommunications facilities located under the surface of the ground,
excluding the underground foundations or supports for overhead facilities.
"Unlicensed wireless services" means commercial mobile services that operate on public frequencies and do not
need an FCC license.
"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.
"Utility pole" means any pole used primarily for the support and provision of lighting and/or transmission of power,
telecommunications services, telephone, cable television, and other similar utilities and related fixtures, whether
located within or outside the public right-of-way. Utility poles are subject to rights of ownership, applicable
franchise provisions, applicable regulation by the Washington Utilities and Transportation Commission (WUTC),
and statutes governing location and relocation.
"Visual impact assessment" means visual impact assessment with photo -simulation of the proposed facility. (Ord.
2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
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 or site 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.
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Structural work or changes in height, type or dimensions of antennas, towers, or buildings are subject to the
provisions of YMC 15.29.060(A).
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.
J. Telecommunications facilities of the city located upon city property and city utility poles and fixtures. (Ord.
2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.040 Permits required.
The following table summarizes the permits required for the various types of personal wireless service facilities that
meet the standards of this chapter:
Table 29-1
Permit Table*
Type of Use
Permit Type
Approval Type
Co-location/minor modification (no
Modification
Administrative (if minor
substantial change)
modification)
Co-location/major modification
Same as New Towers (depending on
Same as New Towers (depending on
(substantial change in height)
location)
location)
New antenna (existing noncellular
Standard Wireless
Administrative
structures, industrial and commercial
zoning districts)
New tower (public or city -owned
Standard Wireless
Administrative/Lease
property)
New tower (commercial or industrial
Standard Wireless
Administrative
zoning district, more than 300 feet
from residential or protected area)
New tower (in or within 300 feet of
Standard Wireless if camouflaged
Administrative
residential zoning district)
by stealth
or
Wireless CUP** if not camouflaged
Hearing Examiner
by stealth
New tower (in or within 300 feet of
Wireless CUP
Hearing Examiner
protected area)
Any tower, antennas or modification
Wireless Variance
Hearing Examiner
not meeting standards of this chapter
* Applicable permits include building permits and other permits required for installation.
** Wireless conditional use permit
Table 29-1.5
Small Cell Permit Table
New small cell facility in public
right-of-way or on existing utility
pole
Standard Wireless
Administrative
New small cell facility on new
utility pole within 300 -feet of
Wireless CUP
Hearing Examiner
protected area
(Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
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Chapter 15.29 WIRELESS COMMUNICATION Page 282/315
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15.29.050 Application submittal/fees.
A. Standard Wireless Application. A complete application shall consist of the following:
1. A complete application form as provided by the community development department.
2. The name, address, signature and contact information of the applicant:
a. If the applicant is not the landowner, applicant shall provide written authorization signed by the
landowner authorizing the applicant to submit for permits on the landowner's behalf. The written
authorization signed by the landowner shall contain a statement and acknowledgement by the landowner
that the landowner shall be deemed a co -applicant by virtue of such authorization.
b. If any applicant or co -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.
3. Evidence that the applicant is an FCC -licensed telecommunications provider or that it has agreements with
an FCC -licensed telecommunications provider for use or lease of the support stricture.
4. Legal description of the parcel.
5. Site plan, drawn to scale, clearly indicating the location, type and height of the current or proposed wireless
facility, accessory buildings, fencing, trees, landscaping, topographic contours of the site at two -foot intervals,
location of utility easements, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways,
proposed means of access, setbacks from property lines, and all other items required in this chapter.
6. Elevation drawings of the proposed wireless facility, drawn to scale and showing dimensions of the height
and width of the facility.
7. Proposed colors and materials of all components of the proposed wireless facility and of any fencing
materials associated with the wireless facility.
8. State Environmental Policy Act (SEPA) checklist, if required.
9. A signed statement that the proposed installation will not cause physical or RF interference with other
telecommunications devices.
10. A copy of the FCC license for the intended use of the wireless telecommunications facilities.
11. Method of proposed illumination, including a lighting plan showing the location of all proposed outdoor
lighting fixtures, including direction and intensity of light, and including manufacturer's "curt -sheets" of all
outdoor luminaries.
12. The location of existing or proposed strictures, trees, and other significant site features intended to
camouflage the facility.
13. A letter signed by the applicant stating the wireless facility will comply with all FAA regulations and EIA
standards and all other applicable federal, state and local laws and regulations.
14. 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 (non -ionizing electromagnetic radiation—NIER). If not
categorically excluded, a complete RF emissions study is required to provide verification.
15. Applicable fees.
16. Other information for each permit and stricture type as specified in subsection B of this section.
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B. Application by Permit Type, Stricture Type and Location. In addition to the information required for a standard
permit in subsection A of this section, the following information shall be provided for each specified permit type or
stricture type:
1. New Towers and Base Stations.
a. A current map and aerial showing the location of the proposed tower and/or base station; a map
showing the locations and service areas of other personal wireless service facilities operated by the
applicant in the city.
b. The approximate distance between the proposed tower and the nearest residential unit, residentially
zoned properties, and protected areas.
c. A statement by the applicant that the design of the tower will accommodate co -location of additional
antennas for future users.
d. An affidavit stating 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 stricture 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 ninety days after abandonment.
e. An affidavit signed by the applicant, landowner (co -applicant), and the antenna support stricture
owners, if different, indicating that:
i. They, together with their heirs, successors and assigns, agree to be jointly and severally responsible
to dismantle and remove the WCF/antenna support stricture and restore the site to its approximate
original prestructure condition within the applicable time limits set forth in YMC 15.29.150 following
receipt of a letter from the city indicating that the facility is deemed abandoned or in violation of this
chapter; and
ii. In the event a permit is issued pursuant to this chapter, they authorize the city to record such
affidavit or a memorandum thereof with the Yakima County auditor against title to the property for
which the permit was issued.
f. A landscape and irrigation plan showing all methods to landscape, irrigate, and screen the base of new
facilities.
g. An explanation of proposed methods of camouflaging (including stealth if applicable) and how the
proposed camouflaging reflects conditions of the surrounding site and area.
2. Facilities in Residential Zoning Districts and Protected Areas.
a. A statement describing the applicant's effort to first locate the proposed communications facilities on
a government facility, a private institutional stricture (such as a hospital or school), or other appropriate
existing strictures outside the residential zone or protected area and within a half -mile radius of the
proposed site, and explaining why, based upon valid considerations including physical, technological,
leasing, or other valid constraints, no more appropriate location is available.
b. A description of any existing buildings taller than thirty-five feet within one-half mile of the proposed
tower or antenna which from a location standpoint could provide part of a network to provide transmission
of signals.
c. A statement describing the applicant's effort to first contact the owners of strictures in excess of
thirty-five 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. The statement shall,
if applicable, confirm whether the applicant asked for permission to install the antenna on those structures
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Chapter 15.29 WIRELESS COMMUNICATION
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and whether he or she was 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 strictures.
3. Modification Permit.
a. Elevation drawings of the existing wireless facility, drawn to scale and showing dimensions of the
height and width of the facility (this drawing is required in addition to elevation drawing of proposed
facility described under subsection A of this section);
b. A landscape and irrigation plan showing all methods to landscape and screen the base of the modified
telecommunication facility;
c. A computation and description of proposed modification establishing whether or not such
modification constitutes a substantial change in the physical dimensions of the existing facility (if the
application is for modification of an existing facility); and
d. Written authorization signed by the owner of said facility authorizing its modification. (Required if
the applicant is not the owner of the existing wireless facility.)
4. Wireless CUP (Conditional Use Permit).
a. An explanation of proposed methods of camouflaging and how the proposed camouflaging reflects
conditions of the surrounding site and area.
b. A statement from the applicant describing how he/she believes the proposal addresses the criteria for a
wireless conditional use permit prescribed in YMC 15.29.100.
c. A list of owners of property within three hundred feet of the site and their associated mailing
addresses.
5. Wireless Variance.
a. A statement from the applicant describing how he/she believes the proposal addresses the criteria for a
wireless height variance prescribed in YMC 15.29.110.
b. A statement describing the requested variance and why it is needed.
c. A list of owners of property within three hundred feet of the site and their associated mailing
addresses.
C. Applicant to Provide Notice. For wireless conditional uses or variances, the city may require applicant to 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. Applicant shall provide an affidavit that all required notices
have been posted and published as required. Additionally, and without limitation, the city may use any other means
deemed advisable to provide advance notice to the public.
D. Fees. The application for a permit listed above shall be accompanied by a filing fee in the amount set forth in
Table 29-2.
Table 29-2
Application Fees*
Permit Type
Fee
Modification (if minor)
$300.00
Modification (if major)
$500.00
Standard Wireless
$500.00
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Chapter 15.29 WIRELESS COMMUNICATION
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Table 29-2
Application Fees*
Permit Type
Fee
Wireless Variance
$1,500.00
Wireless Conditional Use Pernut
$3,500.00
* Separate fee required for each pernut type associated with application. For an application requiring a
wireless variance and a wireless conditional use pernut, both the variance fee and the conditional use
pernut fee are required.
(Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.060 Development standards.
A. Modifications to an Existing Wireless Facility or Base Station.
Page 285/315
1. Minor Modification. Any modification of or co -location on an existing wireless facility that does not
substantially change the physical dimensions of such tower or base station (as defined in subsection (A)(2) of
this section), even if it exceeds the underlying standards of the zoning district, shall be deemed a "minor
modification" and shall be administratively approved under a modification permit.
2. Major Modification. Any modification of or co -location on an existing wireless facility that substantially
changes the physical dimensions of an existing wireless tower or base station shall be deemed a "major
modification." A substantial change occurs if:
a. The mounting of the proposed antenna on the tower would increase the existing height of the tower by
more than ten percent, or by the height of one additional antenna array with separation from the nearest
existing antenna not to exceed twenty feet, whichever is greater; or
b. The mounting of the proposed antenna would involve the installation of more than the standard
number of new equipment cabinets for the technology involved, not to exceed four, or more than one new
equipment shelter; or
c. The mounting of the proposed antenna would involve adding an appurtenance to the body of the tower
that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower
structure at the level of the appurtenance, whichever is greater, except that the mounting of the proposed
antenna may exceed the size limits set forth in this subsection if necessary to shelter the antenna from
inclement weather or to connect the antenna to the tower via cable; or
d. The mounting of the proposed antenna would involve excavation outside the current tower site,
defined as the current boundaries of the leased or owned property surrounding the tower and any access or
utility easements currently related to the site.
3. Major Modification—Required Permits. A major modification shall be processed under the same permit
types as new towers located in the same zone and area. (See Table 29-1, Permit Table, or Table 29-1.5-)
B. Co -Location Capable—New Strictures. To reduce the number of antenna support strictures needed in the city
in the future, the following standards apply to new towers or base stations:
1. Requirement and Waiver. New proposed support strictures shall be designed to accommodate at least two
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 if such design is not feasible for
aesthetic reasons, or necessary to preserve camouflaging or stealth strictures in residential or protected areas;
or provided, that the applicant, in writing, demonstrates that the provisions of future shared usage of the tower
is not technologically feasible or creates an unnecessary and unreasonable burden, based upon:
a. The kind of wireless telecommunications facilities site and stricture proposed; or
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Chapter 15.29 WIRELESS COMMUNICATION Page 286/315
FACILITIES
b. The member of existing and potential licenses without wireless telecommunications facilities
spaces/sites; or
c. Available space on existing and approved towers or other appropriate strictures.
2. Owner Certification. The owner of a proposed tower, and his/her successors in interest, shall either:
a. Provide a written statement affirming that a master license agreement with another wireless provider
or providers exists stating mutually acceptable terms and conditions for co -location for wireless facilities
on the tower and site; or
b. Provide a written statement affirming that the owner and owner's successors will negotiate in good
faith for the co -location and shared use of the proposed tower by other wireless service providers in the
future, and shall allow shared use of the tower if another telecommunications provider agrees in writing to
pay reasonable charges. The charges may include, but are not limited to, a pro rata share of the cost of site
selection, planning, project administration, land costs, site design, constriction and maintenance financing,
return on equity, less depreciation, and all of the costs of adapting the tower or equipment to accommodate
a shared user without causing electromagnetic interference.
C. Co -Location Encouraged—Existing Strictures. To minimize adverse visual impacts associated with the
proliferation of towers, co -location of personal wireless service facilities on existing towers and strictures is
encouraged as follows:
1. Co -location is permitted by right under a modification permit, unless the modification constitutes 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 tower height that constitute a "substantial change" as defined by
subsection (A)(2) of this section are subject to all provisions applicable to new towers and base stations
described in this chapter.
2. The city may deny an application to constrict new facilities if the applicant has not shown by substantial
evidence that it has made a diligent effort to mount the facilities on a suitable existing stricture or tower within
one-half mile of the proposed facility.
3. All wireless service providers or lessees or agents thereof shall cooperate in good faith to accommodate co -
location with competitors.
D. Required Parking. Adequate parking shall be required for maintenance workers.
E. Balloon Test. A balloon test is required for any application requiring a wireless conditional use permit or
variance. Additionally, the administrator may require a balloon test for any new wireless facility for which the
administrator finds that such test will enable the city to better determine appropriate means of camouflage or other
conditions.
F. Facilities in or within Three Hundred Feet of Residential Zone or Protected Area. The following standards
apply to wireless facilities within residential zoning districts, and within three hundred feet of residential zoning
districts:
1. Due Diligence Requirements. Applications to place antennas and towers in residential zoning districts or
within three hundred feet of residential zoned districts shall demonstrate that the requirements of YMC
15.29.050(B)(2) have been met.
2. NEPA Requirements. Antennas and tower facilities proposed to be located in or within three hundred feet
of an established or pending federal, state or local historic district or historic district overlay are facilities that
may affect districts, sites, buildings, strictures 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 Parts 60 and 800.) Applicant shall comply with applicable provisions
The Yakima Urban Area Zoning Ordinance is current through Ordinance#2016-031; effective January 8, 2017
Chapter 15.29 WIRELESS COMMUNICATION
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of the National Environmental Policy Act (NEPA), including but not limited to the environment assessment
provisions of 47 CFR 1.1307 et seq. and comply with any mitigations imposed therein.
3. Certificate of Appropriateness Required. New wireless facilities, and any modification to existing wireless
facilities that constitutes a "substantial change" pursuant to subsection (A)(2) of this section, proposed to be
located in a local historic district, historic district overlay, or other protected historic site, listed in the city of
Yakima registry of historic places, require a certificate of appropriateness from the Yakima historic
preservation commission in accordance with the procedures set forth in Chapter 11.62 YMC prior to the
issuance of any permit for the constriction, installation or major modification of wireless facilities in such
areas.
G. Building Permits Required. Issuance of wireless facility permits under this chapter shall authorize issuance of
any necessary and appropriate building permits to accomplish such modification, subject to compliance with
applicable permit requirements and fees. Applicant shall submit complete applications for all other construction
permits necessary to accomplish the constriction.
H. Financial Security Required. 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.
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CNIl! 4',, 1� 1 44 IMG„
2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.070 Design criteria.
All facilities 4 1;4°4 X41 rIMjall cc 11_IMt4°111114.,s lacca, 4f �Vi1 l711p, 1174 l�lllrll4° 11;rN71f arf � a� or mi..a11111k ...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. Except as otherwise set forth below, setbacks for facilities shall comply with the setback
requirements of Chapter 15.05 YMC and Table 5-1.
a. Right -of -Way Setback Exception. The setback requirement is not applicable if the antenna and antenna
support stricture are located in the city right-of-way, provided the antenna is attached to an existing city tower or
facility.
The Yakima Urban Area Zoning Ordinance is current through Ordinance#2016-031; effective January 8, 2017
Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
Page 288/315
b. Protected Areas. In protected areas or where a proposed tower is on property abutting a protected area,
towers shall be set back from all property lines a distance equal to one hundred ten percent of tower height as
measured from ground level.
c. Residential Zoned Districts. In residential zoned districts or where a proposed tower is on property
abutting a residential zoned district, towers shall be set back a minimum of one-half the tower height.
d. Minor Modifications. Any expansion of a base station or extension of height of an existing wireless
facility that constitutes a minor modification shall be considered in compliance with the setback requirements
previously approved for the existing wireless facility.
e. Existing Wireless Facility on Established Lot—Exception. The setback requirement is not applicable if
the antenna and antenna support stricture were constricted, or application for such constriction vested, on a parcel
created pursuant to RCW 58.17.040(8) prior to the effective date of this code. Wireless facilities constricted on and
after the effective date of this code on parcels created pursuant to RCW 58.17.040(8) are subject to the setback
requirements.
2�2. Tower and Antenna Height. The maximum height of a wireless facility is as follows:
a. In or within three hundred feet of a residential zoning district or protected area, no wireless facility
shall exceed the height allowed by the underlying height limitation for the zoning district in which the
facility is located, except that if the facility is camouflaged by stealth pursuant to subsection 8 of this
section, the maximum height is sixty feet.
b. In CBD and B-1 zoning districts, the maximum height is sixty feet.
C. In all other zones, the maximum height is one hundred ten feet.
d. In any zoning district, the applicant shall have the burden of demonstrating that the tower is the
minimum height required to meet the proven communications need.
e. Strictures that exceed the above height limits may be permitted by variance pursuant to the cellular
height variance provisions of YMC 15.29.110.
%; . Color. Towers shall have a dark color such as forest green, charcoal or dark brown, depending on the
surroundings or background,t-which 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.
34. 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.
1`i. Fencing and Security. The antenna support stricture shall be secured against unauthorized entry. A well -
constricted 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 dense
vegetative screen at least eight feet in depth along all visible portions of the fence.
4. Anti -Climbing Device. All support strictures shall be fitted with anti -climbing devices, as approved by
the manufacturers.
(4Z. Camouflage Requirements. All new towers and base stations, and major modifications to towers and base
stations, must be camouflaged as defined by this chapter. Appropriate camouflaging is determined on a site-
specific basis, taking into account existing strictures and natural features both on and surrounding the site.
When considering surrounding features that the facility is designed to reflect, nonconforming strictures shall
The Yakima Urban Area Zoning Ordinance is current through Ordinance#2016-031; effective January 8, 2017
Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
Page 289/315
not be considered; nor shall strictures such as utility poles, signs, smoke stacks, mechanical equipment, utility
substations, other wireless -based structures or similar features that contribute to visual clutter of an area be used
to determine an acceptable camouflage technique. In all zones, towers shall be camouflaged using the least
visually and physically intrusive facility that is not technologically impracticable under the facts and
circumstances. Camouflaging for new towers and base stations shall include the following:
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.
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. Further, existing
vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or as
a supplement to landscaping requirements. The following landscaping and buffering shall be required
around the perimeter of the tower and accessory structures:
i. A row of evergreen trees a minimum of six feet tall at planting a maximum of six feet apart shall
be planted around the perimeter of the fence.
ii. A continuous hedge at least thirty-six inches high at planting capable of growing to at least forty-
eight inches in height within eighteen months shall be planted in front of the tree line referenced above
iii. To the extent feasible, the tower or mount shall be placed amongst and adjacent to the drip line of
three or more evergreen trees at least seventy-five percent of the height of the facility.
iv. An automatic irrigation system providing irrigation as needed according to plant type, season and
maturity of plantings.
c. Continued Maintenance. Applicant shall have a continuing obligation to maintain the landscaping
improvements. In the event that landscaping is not maintained at the required level, the city after giving
thirty days' advance written notice may maintain or establish the landscaping and bill both the owner and
lessee for such costs until such costs are paid in full, or may seek enforcement through any available
remedy.
d. Trees—Recording of Conditions. To ensure that trees associated with camouflaging and screening are
preserved, the following note shall be recorded on the property title:
All trees within 50 feet of the telecommunications facility located on this property, which
serve to screen the telecommunications facility, shall be retained for the life of the
telecommunications facility. Screening trees may only be removed if deemed diseased or
dangerous by a certified arborist. Before any trees can be removed a report from the certified
arborist shall be submitted to the City for review and approval. Unless approved by the City,
only that portion of the tree required to remove the hazard can be removed. The City may
require the trees to be replaced by the telecommunication provider.
71,4. Stealth Requirements. Any facility in or within three hundred feet of residential zoning district or
protected area must be concealed within a stealth stricture unless otherwise approved through a wireless
conditional use permit. Stealth strictures shall be designed as follows:
a. The stealth camouflage structure or facility must be compatible with surrounding development by
being either similar in height to surrounding strictures or a sufficient distance from surrounding structures
to create a significant visual separation,;:
b. Stealth designs sliall reflect features that are indigenous to the area. 14)� ti b���ttzw >I4
The Yakima Urban Area Zoning Ordinance is current through Ordinance#2016-031; effective January 8, 2017
Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
Page 290/315
C ] towers designed to look like trees sliaIIbe tree types that naturally or commonly occur in the
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of Towers designed to look like buildings or strictures must be of a design that reflects local architecture
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f d. After completion of constriction, the antennas, towers and related facilities will be maintained within
the stealth stricture so as to be concealed from view or be viewed as the camouflaging stealth stricture;
and
G:>e. The administrator may impose other conditions or mitigations reasonably related to such strictures
as warranted by special conditions of the subject property and the type of camouflaging stricture,
including but not limited to additional or supplemental setback requirements, maintenance requirements,
and other measures intended to accomplish the purposes of this chapter and section.
8 mll c°1 ll faaa�llll�„es, not located �w_id� the 14dil....of' wsy of wl ��fi11y
Antenna Cetera. Antennas carr° l44 c�r�, �,
poics, 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 for
technical reasons. In no event shall an antenna project more than sixteen feet above the roofline, including
parapets.
a. The antenna rG,tr f11 aaa. �ura c°ft
llcq;c„ngi, 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.
or GOMuhipll� of a l ll lllla , lialll 1 ll; tr lv hatlallc a lWr, llllll,4 1r, rr'hr �r arlalr°imr
fl4fClCar�tatl
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The antenna maybe attached to an existing mechanical equipment enclosure which projects above
the roof of the building, but may not project any higher than the enclosure.
k?. 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 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.
The Yakima Urban Area Zoning Ordinance is current through Ordinance#2016-031; effective January 8, 2017
Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
Page 291/315
iv. If the antenna is placed on the roof or above the top of a building, it shall provide a minimum
setback equal to the height of the panel antenna from the rooftop edge.
v. Antenna, antenna arrays, and support strictures shall not extend more than sixteen feet above the
highest point of the stricture on which they are mounted. The antenna, antenna array, and their support
structure shall be mounted so as to blend with the stricture to which the antenna is attached. The
antenna and its support stricture shall be designed to comply with applicable building code standards.
The antenna, antenna array, and their support stricture shall be a color that matches the field or trim
color of the stricture on which they are mounted.
1)10. Guy Wires Restricted. No guy or other support wires shall be used in connection with such antenna,
antenna array, or its support stricture except when used to anchor the antenna, antenna array, or support
structure to an existing building to which such antenna, antenna array, or support stricture is attached.
IN. Equipment Strictures. The standards for equipment structures (base stations) areas follows:
a. Ground Stricture.
i. 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 increased height is necessary to accommodate the
proposed facility and possible co -location.
ii. Ground level buildings shall be screened from view by landscape plantings, fencing, or other
appropriate means, as specified herein or in other city ordinances.
iii. 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 strictures, including building form, materials and color.
b. Roof Mounted Stricture.
i. Equipment buildings mounted on a roof shall be designed to match and be integrated into the
exterior design and materials of the building. Equipment for roof mounted antenna may also be located
within the building on which the antenna is mounted.
ii. Equipment buildings, antenna, and related equipment shall occupy no more than twenty-five
percent of the total roof area of the building the facility is mounted on, which may vary if co -location
and adequate camouflage are used. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh.
A) (part), 2013).
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The Yakima Urban Area Zoning Ordinance is current through Ordinance#2016-031; effective January 8, 2017
Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
i. 11l'r Small c ll [l,tf Ili1ics sliall llw [ft Illmltlllftic(.
Page 292/315
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15.29.080 Site selection standards.
A. Protected Areas. Protected areas are: (a) the area commonly known as the Barge -Chestnut Neighborhood
situated within the area bounded on the west by 36th Avenue, on the north by West Summitview Avenue, on the
east by 16th Avenue, and on the south by Tieton Drive; (b) established federal, state or local historic districts or
historic district overlay zones; (c) 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); (d) sites, buildings, strictures or objects listed in the National Register of Historic Places; (e) state
and local wildlife refuges, and permanently protected archeological sites; and (f) designated areas subject to
preservation or protection through recorded conservation easement.
B. Discouraged Areas in B-2 and SCC Zoning Districts. New antennas and antenna support strictures should be
avoided in the following locations within the B-2 local business and SCC small convenience center zones when
possible:
1. Within three hundred feet of residential areas.
2. Within three hundred feet of protected areas.
An applicant that wishes to locate in these areas shall demonstrate that a diligent effort has been made to locate the
proposed communications facilities on a site, private institutional stricture, or other appropriate existing structures
more than three hundred feet from residential zoned districts or more than three hundred 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 be approved by the administrator,
subject to the administrator's approval of camouflage or disguise by stealth. Such proposed structures are also
subject to the balloon test and/or photo -simulation requirements of YMC 15.29.130 in order to assist the
administrator in determining appropriate camouflage and/or stealth requirements.
C. Priority of Locations. The order of priorities for locating new personal wireless service facilities shall be as
follows:
1. Co -location (see YMC 15.29.060(B) and (C)).
2. Industrial zoning districts.
3. Public property (see subsection E of this section).
4. Existing structures—industrial and commercial zoning districts (e.g., buildings, towers, and water towers).
5. Local business district (B-2) and small convenience center (SCC) zoning districts.
6. Residential zoned districts.
7. Protected areas.
The Yakima Urban Area Zoning Ordinance is current through Ordinance#2016-031; effective January 8, 2017
Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
D. Site Selection Criteria.
Page 293/315
1. Any applicant proposing to constrict an antenna support stricture, or mount an antenna on an existing
stricture, shall evaluate different sites within a one -quarter -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 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.
2. Wireless facility installations, including any 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 strictures provide the greatest amount
of camouflage.
E. Siting Priority on Public Property.
1. Order of Preference. 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:
a. 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;
b. 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;
c. Other governmental entities, for uses that are not related to public safety; and
d. 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.
2. Subject to City Discretion. 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:
a. The facilities will not interfere with the purpose for which the city -owned property is intended;
b. 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;
c. 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;
d. 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;
e. 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;
f. The applicant must reimburse the city for any related costs that the city incurs because of the presence
of the applicant's facilities;
The Yakima Urban Area Zoning Ordinance is current through Ordinance#2016-031; effective January 8, 2017
Chapter 15.29 WIRELESS COMMUNICATION Page 294/315
FACILITIES
g. The applicant must obtain all necessary land use approvals; and
h. The applicant must cooperate with the city's objective to encourage co -locations and thus limit the
member of cell sites requested.
F. Special Requirements for Parks. The use of city -owned parks for personal wireless service facilities brings with
it special concerns due to the unique nature of these sites. The placement of personal wireless service facilities in a
park will be allowed only when the following additional requirements are met:
1. The city parks commission has reviewed and made a recommendation regarding proposed personal
wireless service facilities to be located in the park and this recommendation has been forwarded to the city
council for consideration and approval;
2. In no case shall personal wireless service facilities be allowed in designated critical areas (except aquifer
recharge areas) unless they are co -located on existing facilities; and
3. Before personal wireless service facilities may be located in public parks, visual impacts and disruption of
normal public use shall be mitigated. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A)
(part), 2013).
15.29.090 Safety and industry standards.
A. Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC,
and any other agency of the federal government with the authority to regulate towers and antennas. If those
standards and regulations are changed, then wireless service providers governed by this chapter shall bring their
towers and antennas into compliance with the revised standards and regulations within six months of their effective
date or the timelines provided by the revised standards and regulations, whichever time period is longer. Failure to
bring towers and antennas into compliance with the revised standards and regulations shall constitute grounds for
revocation of permit.
B. Building Codes—Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall
ensure that it is maintained in compliance with standards contained in applicable city building codes and the
applicable standards for towers that are published by the Electronic Industries Association (`EIA"), as amended
from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards
and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the
owner shall have thirty days to bring the tower into compliance with such standards. If the owner fails to bring its
tower into compliance within thirty days, the city may remove the tower at the owner's expense.
C. Data Transmission Standards. Towers shall be constricted to applicable Electronic Industry Association (EIA)
standards, which may be amended from time to time. Further, any improvements or additions to existing towers
shall require submission of site plans stamped by a professional engineer that demonstrate 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 Federal Communications Commission (FCC) radio frequency (RF) emission standards.
D. Inspection Report Filing. Within sixty 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. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.100 Wireless conditional use permit criteria.
A. Uses Requiring Cellular Conditional Use Permit. Any wireless facility listed in Table 29-1 as a wireless
conditional use permit (wireless CUP) requires submittal of a wireless CUP application as described in YMC
15.29.050. Wireless CUPS require a public hearing before the hearing examiner and final approval by the hearing
examiner.
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B. Criteria for Granting Cellular Conditional Use Permit. Before any conditional use may be granted, the hearing
examiner must find that:
1. The proposed use will not be materially detrimental to the public welfare or injurious to the property or
improvements in the vicinity of the proposed use or in the district in which the subject property is located;
2. The proposed use shall meet or exceed the performance standards that are required in the zoning district
the proposed use will occupy;
3. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic
and pedestrian circulation, building and site design;
4. The proposed use shall be in keeping with the goals and policies of the comprehensive land use policy
plan; and
5. All reasonable and practicable measures have been taken to minimize the possible adverse impacts which
the proposed use may have on the area in which it is located.
C. Authority to Impose Conditions. The hearing examiner may impose any conditions necessary to address
identified impacts associated with the proposed wireless facility and ensure that the facility is compatible with
surrounding development. The hearing examiner may:
1. Increase requirements in the standards, criteria or policies established by this title;
2. Stipulate the exact location as a means of minimizing hazards to life, limb, property damage, erosion,
landslides or traffic;
3. Require structural features or equipment essential to serve the same purpose set forth above;
4. Impose conditions similar to those set forth in subsections (C)(2) and (3) of this section as deemed
necessary to establish parity with uses permitted in the same zone in their freedom from nuisance generating
features in matters of noise, odors, air pollution, wastes, vibration, traffic, physical hazards, and similar matters;
provided, the hearing examiner may not, in connection with action on a conditional use permit, reduce the
requirements specified by this title as pertaining to any use or otherwise reduce the requirements of this title in
matters for which a variance is the remedy provided;
5. 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;
6. 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
7. Require the posting of construction and maintenance financial security sufficient to secure to the city one
hundred fifty percent of the estimated cost of constriction and/or installation and fifteen percent maintenance
of required improvements.
D. Required Condition of Approval. The decision shall include a condition that building permits not be issued
until financial security is provided pursuant to YMC 15.29.060(H). This requirement applies whether specifically
stated in the decision or not.
E. 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. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
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15.29.110 Wireless height variance.
A. Applicability. A cellular height variance is required for any major modification to an existing tower, antenna, or
base station or constriction of a new tower, antenna, or base station that requires a height in excess of height limits
defined in YMC 15.29.070(2).
B. Criteria for Granting Wireless Height Variance. The hearing examiner shall have the authority to grant a
variance from the maximum height allowed for a tower, antenna or base station when, in his/her opinion, the
conditions as set forth herein have been found to exist. A wireless height variance is subject to:
1. Compliance with standard wireless permit standards of YMC 15.29.120(D);
2. Standard variance procedures in Chapter 15.21 YMC (not including review criteria); and
3. All of the following criteria must be met:
a. The additional height is necessary to provide adequate service to the residents of the city and no other
alternative is available;
b. A significant portion of the tower and related facilities are screened by existing evergreen trees or
existing strictures;
c. Strict application of current height limits would deprive a tower or antenna operator from achieving
the minimum height required to meet the proven communications need;
d. The stricture for which the variance is requested is in harmony with the general purpose and intent of
this chapter;
e. 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;
f. 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;
g. Any visual impacts will be mitigated to the greatest extent possible using camouflage, stealth or
screening as defined by this chapter;
h. 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
i. The variance is the minimum necessary to grant relief to the applicant.
C. Decision. Based upon the information provided by the applicant, the results of the balloon test and visual
impact analysis, and findings of compliance or noncompliance with the criteria set forth herein, the examiner may:
1. Approve an application for a variance, which may include additional requirements above those specified in
this title or require modification of the proposal to comply with specified requirements or local conditions; or
2. Deny a variance if the proposal does not meet or cannot be conditioned or modified to meet subsection B
of this section.
D. Burden of Proof. The applicant has the burden of proving that the proposed wireless height variance meets all
of the criteria in subsection B of this section. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A)
(part), 2013).
15.29.120 Application review process.
A. Preapplication Meeting. To expedite review of applications, a preapplication meeting with the administrator is
strongly encouraged. The preapplication meeting will help the applicant determine what permits may be required for
his or her proposed wireless facility, what additional information or studies may help in the review of the
application, and what stealth and/or camouflaging techniques might be appropriate for the site. The administrator
may help to identify protected areas and may also suggest vantage points from which a visual impact assessment
should be based.
B. Review for Completeness. The administrator shall review each application for completeness as specified in
YMC 15.29.050. After review of the application, the administrator shall issue a determination of completeness or
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incompleteness in accordance with Chapter 16.04 YMC. In addition to information required for a complete
application, the administrator may request additional information from the applicant to review the proposal and
determine compliance with the provisions of this chapter. Except for the timelines specified in subsection C of this
section for applications to modify an existing wireless facility or base station, such administrative review, processing
and issuance of administrative permits shall comply with the city's timelines and procedures governing review and
issuance of administrative permits in Chapter 16.04 YMC.
C. Modification Permit Review. Applications for modifications to existing wireless facilities or base stations shall
be reviewed as follows:
I. Determination of Major or Minor Modification. Within forty-five days of receipt of a complete application
for modification, the administrator shall review and issue a written determination as to whether the requested
modification is deemed a major or minor modification under the provisions of YMC 15.29.060(A). The
administrator may request additional information from the applicant or any other entity to assist in this
determination.
2. Finding of No Substantial Change—Minor Modification. If the modification is deemed by the
administrator to be a minor modification under the provisions of YMC 15.29.060(A), he shall issue a
modification permit, which may include conditions necessary to achieve compliance with the provisions of this
section. Issuance of the modification permit shall occur within forty-five days after receipt and approval of a
complete application for a modification permit.
3. Finding of Substantial Change—Major Modification. 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 determination that the change is a major modification and direct the applicant to submit the
appropriate application(s) as specified in Table 29-1 and YMC 15.29.050.
D. Standard Wireless Permit Review. Standard wireless applications apply to all new wireless facilities and base
stations and to major modification of all existing wireless facilities and base stations. Standard wireless applications
shall be reviewed as follows:
1. Administrative Decision. All standard cellular applications shall be subject to administrative review and
decision unless they require an associated wireless conditional use permit or variance as specified in Table 29-1
of Table 29-1.5.
2. Camouflaging/Stealth Review. The administrator shall review the proposed method of camouflaging or
stealth against conditions on or surrounding the site as follows:
a. The administrator shall consider how proposed design of the tower, placement on the site, topography
of and surrounding the site, color, strictures on and surrounding the site, and natural features on and
surrounding the site help to blend the wireless facility into its setting.
b. The administrator may require a visual impact assessment as described in YMC 15.29.130 based upon
lines of sight or vantage points identified by the administrator.
c. The administrator shall determine if the proposed camouflaging or stealth reasonably integrates the
wireless facility into its setting. The administrator may impose conditions to ensure that the facility
achieves this objective.
3. Compliance with Standards. The administrator shall review the proposal against all other standards of this
chapter including, but not limited to, height, setbacks, color, design, lighting, landscaping, screening, and co -
location capacity. If any items are found to be not in compliance, the administrator shall notify the applicant
and direct him or her to either submit within two weeks, or other period of time deemed reasonable by the
administrator considering the scope and complexity of the required revision, revised plans to address the
compliance issue, or direct the administrator to render a decision on the application as submitted.
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4. Written Decision. The administrator shall issue a written decision on the application within the time frame
specified in Chapter 16.07 YMC, identifying any items not in compliance with this chapter, and including any
conditions necessary to achieve compliance. The decision shall include a condition that building permits not be
issued until financial security is provided pursuant to YMC 15.29.060(H).
5. Appeals. The determination or decision of the administrator on any application tinder this chapter shall
constitute an administrative decision subject to appeal pursuant to Chapter 16.08 YMC.
E. Wireless Conditional Use Permit Review. Wireless conditional use permit applications shall be reviewed as
follows:
1. Submittal of Application. An application for a conditional use permit under this chapter shall be submitted
to the 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 YMC Title 16.
2. Balloon Tests and Visual Impact Assessment. The administrator shall instruct the applicant on the
requirements for both a balloon test and visual impact assessment. The administrator may provide input on both
the timing of the balloon test and the desired vantage points from which the visual impact assessment will be
based. Both the balloon test and visual impact assessment shall be completed prior to the scheduled public
hearing.
3. Additional Reports and Third -Party Review. The administrator shall have authority to request additional
information and reports from the applicant necessary to facilitate analysis of the proposal, including but not
limited to third -party review in accordance with YMC 15.29.140 and reports, surveys and tests as provided in
this chapter, when the administrator, in his or her sole discretion, deems such additional information necessary
or appropriate to fully assess the impact of the proposal and any reasonable alternatives, to address mitigation
measures identified in SEPA, NEPA or other environmental reviews, to address issues of site screening or other
measures to mitigate impacts upon the surrounding neighborhood, or to address any other impact to the life,
health, safety of persons, or quiet enjoyment of property, identified by the administrator as likely, with
reasonable probability, to result from the proposed project.
4. Scheduling for Hearing. Upon the administrator's determination that the application is complete and in
compliance with filing requirements of this chapter, and that required balloon tests, visual impact assessments
and other required reports have been finalized, 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 YMC Title 16.
5. Hearing Examiner—Procedures—Factors. 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.
F. Wireless Height Variance Review. A wireless height variance shall be processed as follows:
1. Procedures and Applicable Criteria. A wireless height variance shall be reviewed under the procedures
described in Chapter 15.21, except that the hearing examiner shall apply the criteria for review and approval
defined in this chapter.
2. Balloon Tests and Visual Impact Assessment. The administrator shall instruct the applicant on the
requirements for both a balloon test and visual impact assessment. The administrator may provide input on both
the timing of the balloon test and the desired vantage points from which the visual impact assessment will be
based. Both the balloon test and visual impact assessment shall be completed prior to the scheduled public
hearing.
3. Third -Party Review. Applications for variance may also require third -party review as described in YMC
15.29.140.
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4. Hearing Examiner Decision. The hearing examiner shall determine whether the proposed variance
complies with the criteria for a variance in YMC 15.29.110, and that the proposed wireless facility complies
with all other standards of this chapter. If the examiner finds that the proposal does not comply with the criteria
for a variance he shall deny the variance and associated wireless facility. If the examiner finds that the proposal
complies with the criteria for a variance and with all other development standards of this chapter, he shall
approve the variance and the associated wireless facility. The examiner may impose any conditions necessary
to ensure compliance with all standards. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A)
(part), 2013).
15.29.130 Balloon tests—Visual impact assessments.
A. Balloon Test. Where a balloon test is required, 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 and fourteen 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 days in advance. The balloon shall be flown for at least seventy-two consecutive
hours on the dates chosen. At least twenty-four hours of this time shall be on a weekend. 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 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 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.
B. Visual Impact Assessment. A visual impact assessment with photo -simulation of the proposed facility is
required for all applications that require a conditional use permit or variance, and may be required by the
administrator for any other application deemed necessary by the administrator to assess visual impacts associated
with such application. As part of such application, the applicant shall furnish a visual impact assessment, which shall
include:
1. Zone of Visibility Map. If a new tower or 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. Photo -Simulations. Pictorial representations of "before and after" (photo -simulations) views from key
viewpoints within the zone of visibility. Guidance will be provided, concerning the appropriate key sites at the
preapplication meeting, as required. Provide a map showing the locations of where the pictures were taken and
distance from the proposed structure.
3. Description of Visual Impact. 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. (Ord. 2016-029 § 1 (Exh. A)
(part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.140 Third -party review.
Personal wireless service providers use various methodologies and analyses, including geographically based
computer software, to determine the specific technical parameters of their services and low power mobile radio
service facilities, such as expected coverage area, antenna configuration, topographic constraints that affect signal
paths, etc. In certain instances, a third -party expert may need to review the technical data submitted by a provider.
The city may require a technical review as part of a permitting process 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 -
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Chapter 15.29 WIRELESS COMMUNICATION Page 300/315
FACILITIES
specific review of technical aspects of the facilities or a review of the providers' methodology and equipment used
and not a subjective review of the site that was selected by a provider. Based on the results of the expert review, the
city may require changes to the provider's application. The expert review shall address the following:
1. The accuracy and completeness of submissions;
2. The applicability of analysis techniques and methodologies;
3. The validity of conclusions reached; and
4. Any specific technical issues designated by the city. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-
051 § 2 (Exh. A) (part), 2013).
15.29.150 Nonuse/abandonment.
A. Notice of Abandonment. No less than thirty days prior to the date that a personal wireless service provider
plans to abandon or discontinue operation of a facility, the provider must notify the city of Yakima by certified U.S.
mail of the proposed date of abandonment or discontinuation of operation. In the event that a licensed carrier fails to
give notice, the facility shall be considered abandoned upon the city's discovery of discontinuation of operation.
Upon such abandonment, the provider shall have sixty days or additional period of time determined in the
reasonable discretion of the city within which to:
1. Reactivate the use of the facility or transfer the facility to another provider who makes actual use of the
facility; or
2. In the event that abandonment as defined in this chapter occurs due to relocation of an antenna at a lower
point on the antenna support stricture, reduction in the effective radiated power of the antenna or reduction in
the number of transmissions from the antennas, the operator of the tower shall have six months from the date of
effective abandonment to co -locate another service on the tower. If another service provider is not added to the
tower, then the operator shall promptly dismantle and remove the portion of the tower that exceeds the
minimum height required to function satisfactorily. Notwithstanding the foregoing, changes which are made to
personal wireless facilities which do not diminish their essential role in providing a total system shall not
constitute abandonment. However, in the event that there is a physical reduction in height of substantially all of
the provider's towers in the city or surrounding area then all of the towers within the city shall similarly be
reduced in height,;;,, -(t,-
3. Dismantle and Remove Facility. If the tower, antenna, foundation, and facility are not removed within the
sixty-day time period or additional period of time allowed by the city, the city may remove such tower,
antenna, foundation, and related facility at the provider's expense. If there are two or more providers co -
locating on a facility, except as provided for in subsection (A)(2) of this section, this provision shall not
become effective until all providers cease using the facility;,,_ol
4. if th small cell facilnty is toc t d on a �p,�llity p -role owned by the City, thc.,,,sm mall �° 11 f uc ility sh hall 12b �ertr�,rvc.(1:.
loom tll,( �rtnl,l, ?arle. Ii d umuf;e vs x(p,sed to �l�e prole...4 a �e ,(rh ofthe existence and/ot temovul of...the smx:1.1.....
cell 1".1 cni d.y, tit p�gviciet shall be reser)onsibie I'm all costs ofteprainand/ot rep-iac°enient of thy...nLlk............
p rruthen,,, of d u1i.la— k done to the r ght: of way as a nesrrlt of the removal of a sunall cell facility located within a
G my fight of sway, hltavodct shall be resp-)onsible fon all costs of t cr)aii and/on,„_neprl uc.ez�tent: of -the nnp;h, of way
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..........................
B. Expiration of Approval. At the earlier of sixty days from the date of abandonment without reactivating or upon
completion of dismantling and removal, city approval for the facility shall automatically expire. (Ord. 2016-029 § 1
(Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.160 Transfer of ownership.
A conditional use permit nuns 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.
(Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
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Chapter 15.29 WIRELESS COMMUNICATION
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15.29.170 Vacation of permits.
A. Any 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 exists.
B. Requests to vacate a permit shall be made in writing to the zoning code administrator who shall determine if the
above conditions are present prior to authorizing the vacation. Vacation of any permit shall be documented by the
filing of a notice of land use permit vacation on a form provided by the community development department with
the city. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.180 Violation—Penalty.
Compliance with the requirements of this code shall be mandatory. Any violation of the provisions of this chapter
shall be a misdemeanor subject to the penalties and remedies established in YMC 6.02.050. Additionally, any
violation of the provisions of this chapter, and any installation and/or operation of any stricture in violation of the
provisions of this chapter, shall be deemed a public nuisance and violation subject to penalties and remedies
available under state law and city codes. The enforcement actions authorized under this code shall be supplemental
to those general penalties and remedies of Chapter 6.02 YMC and the public nuisance penalties and remedies
available under state law and city codes. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A)
(part), 2013).
15.29.190 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 applicable provision on general variances as contained in Chapter 15.21
YMC; provided, that the relief or exemption is contained in the submitted application for permit or, in the case of an
existing or previously granted permit, a request for modification of its tower and/or facilities. Such relief may be
temporary or permanent, partial or 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
significant effect on the health, safety and welfare of the city, its residents and other service providers. (Ord. 2016-
029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.200 Severability.
a. If any word, phrase, sentence, part, section, subsection, or other portion of this chapter or any application
thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word,
phrase, sentence, part, section, subsection, or other portion, or the proscribed application 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
riled 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. (Ord. 2016-029 § 1 (Exh. A)
(part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013.
The Yakima Urban Area Zoning Ordinance is current through Ordinance#2016-031; effective January 8, 2017
umim
WIRELESS POLICY
Match 12, 2019
Via email to Joe Calhoun, Staff Liaison
mailto. oseph.calhoun yakimawa.gov
Yakima Planning Commission
Patricia Byers (Chair)
Jacob Liddicoat (Vice -Chair)
Bill Cook
Al Rose
Leanne Hughes -Mickel
Philip Ostriem
Robert McCormick
Re: Yakima Wireless Code Update
Dear Planning Commissioners -
On behalf of Verizon Wireless, thank you for the opportunity to comment. We
appreciate the work that the city is now doing to comply with the recent FCC Order,
"Acceleratine Wireless Broadband Deolovment by Removine Barriers to Infrastructure
Investment, Declaratory Ruling and Third Report and Order (September 26, 2018)"
which contains extensive new requirements for regulating small wireless facilities in the
right of way. Verizon generally supports the direction of the draft code, as presented,
with some targeted issues discussed below.
Small Wireless Technology
This new technology is vital to address the coverage and capacity needs of Verizon's
customers. More people are using more wireless devices to do more things than ever
before, like streaming video and uploading images. In fact, wireless data usage tripled
from 2013 to 2015 and is forecast to multiply seven -fold from 2015 to 2019.
kim.allen@wirelesspolicy.com t 425.628.2666
www.wirelesspolicy.com f 206.219.6717
March 12, 2019
Page 2
Verizon is working to stay ahead of the demand by adding fiber optic capacity and small
cells to connect people where they need it most.
The low visual profile of small cells makes them an excellent solution for delivering
capacity and coverage to residential neighborhoods. Small cells will also deliver
connections for "smart communities" services to boost the flow and safety of vehicle
traffic, manage resources like light, power and water and improve the quality of life of
Verizon's customers. Moreover, this technology is key to preparing Verizon's network
infrastructure so that it is capable of offering 5G wireless connections when it becomes
commercially available.
With such a pressing need for additional capacity, we want to work with the city to
make sure the city's draft small cell code will facilitate deployment of this much-needed
infrastructure.
Requested revisions to the draft code.
While Verizon generally supports the code change being proposed, there are targeted
concerns we would like to raise:
1. Verizon requests that the term "small wireless facility" replace the term "small
cell" throughout the code to reflect the FCC Order's definition of that term.
2. Verizon requests that the term "colocation" also use the newly clarified FCC
Order definition.
3. Table 29-1.5 has attachment to existing poles in the ROW as an administrative
approval. Verizon requests that this include replacement poles too, as the pole
owners often require replacement of existing poles to achieve the required
safety clearances from electric lines. This table also requires a conditional use
permit process before the hearing examiner for small wireless facilities on new
poles within 300 feet of a protected area. The federal shot clock is 90 days to
process the application form initial submittal through appeals to a final decision
by the city. With the notice periods and appeal to the city council, this is not
feasible.
4. 15.29.050, Application submittal/fees-sets application requirements by type of
facility. Verizon requests adding a separate section for small wireless facilities in
the ROW. Small wireless facilities in the ROW could arguably fit within the
definition of "base station" and those larger facilities' submittal requirements,
like landscaping and fencing, are not relevant and should not apply.
March 12, 2019
Page 3
5. Table 29 -2 --Verizon requests adding a row for "small wireless facility" fees which
the FCC has proposed at $500 for up to 5 small wireless facilities and $100 each
for additional small wireless facilities.
6. 15.29.060(E) -Development standards and 15.29.130 --requires balloon testing
for all new wireless facilities. This testing is not as effective as photosimulations
for demonstrating how a facility will look. The tests are also very difficult to
conduct. Balloon testing requires no wind/no rain conditions predicted weeks in
advance of the test that are not available in Yakima throughout the year.
Verizon requests that these sections be deleted.
7. 15.29.060(1)(2) -- Verizon requests that clarifying language to make it clear that
residential properties with residential uses are not a preferred location.
8. 15.29.070(8) (1) and (2) --Verizon requests that the dimensions for small
wireless facilities be changed as noted in the redline to reflect the volumetric
limits the FCC Order allows cities to impose.
9. 19.29.080 --The FCC Order requires that regulations for small wireless facilities in
the ROW be no more burdensome than those for similar infrastructure there.
The extensive siting hierarchy in this section requiring ruling out other sites
within a quarter mile range of each pole is not imposed on the other users of the
ROW. The same is true of the prohibition from siting on existing poles in public
parks without city council approval. Verizon requests that this section be
deleted.
Thank you for the opportunity to comment and we look forward to continuing to work
with the City to develop a FCC compliant code that preserves the look and feel of your
community, while providing an efficient and workable process to deliver the quality
service your residents, visitors and businesses have come to expect. A Verizon
representative will be at your meeting to answer any questions you might have.
Sincerely,
Kim Allen, Senior Vice President
Wireless Policy Group, LLC on behalf of Verizon Wireless
Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
Chapter 15.29
MAIN IN11a0-MK/J►iQi111►1[K1NN161 1;1&TOIaINIO R
Sections:
15.29.010
Purpose.
15.29.020
Definitions.
15.29.030
Exemptions.
15.29.040
Permits required.
15.29.050
Application submittal/fees.
15.29.060
Development standards.
15.29.070
Design criteria.
15.29.080
Site selection standards.
15.29.090
Safety and industry standards.
15.29.100
Wireless conditional use permit criteria.
15.29.110
Wireless height variance.
15.29.120
Application review process.
15.29.130
Balloon tests—Visual impact assessments.
15.29.140
Third -party review.
15.29.150
Nonuse/abandonment.
15.29.160
Transfer of ownership.
15.29.170
Vacation of permits.
15.29.180
Violation Penalty.
15.29.190
Relief, waiver, exemption.
15.29.200
Severability.
Page 275/315
15.29.010 Purpose.
The purpose of this chapter is to establish general guidelines for the siting of wireless telecommunication facilities,
including towers, antennas and support structures.
A. Goals. The goals of this chapter are to:
1. Enhance the ability of personal wireless service providers to provide such services throughout the city
quickly, effectively, and efficiently;
2. Encourage personal wireless service providers to locate towers and antennas in nonresidential areas;
3. Encourage personal wireless service providers to co -locate on new and existing tower sites;
4. Encourage personal wireless service providers to locate towers and antennas, to the extent possible, in
areas where the adverse impact on city residents is minimal;
5. Encourage personal wireless service providers to configure towers and antennas in a way that minimizes
any significant adverse visual impact; and
6. Provide for the wireless communications needs of governmental entities.
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;
The Yakima Urban Area Zoning Ordinance is current through Ordinance#2016-031; effective January 8, 2017
Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
Page 276/315
4. To accommodate an increased need for towers to serve the wireless communications needs of city
residents;
5. To promote and encourage co -location on existing and new towers as an option rather than constriction of
additional single -use towers, and to reduce the member of such structures needed in the future;
6. To consider the public health and safety of towers to the extent permitted by the Telecommunications Act
of 1996; and
7. To avoid potential damage to adjacent properties through sound engineering practices and the proper siting
of antenna support strictures.
B. New Uses. All new telecommunication towers, ...small ....cell facilities,. antennas and support strictures shall
comply with this chapter s db tl di w +444i�e-�'aa+R4 4a .
C. Existing Uses. All telecommunication towers and antennas existing on the effective date of the ordinance
codified in this chapter that are not in compliance with this chapter 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 constriction other than routine maintenance on existing towers, antennas, buildings or
other facilities shall comply with the requirements of this chapter.
D. Facilitation of Wireless Service. These standards were designed to comply with the Telecommunications Act of
1996. The provisions of this chapter are not intended to and shall not be interpreted to prohibit or to have the effect
of prohibiting personal wireless services. This chapter shall not be applied in such a manner as to unreasonably
discriminate between providers of functionally equivalent personal wireless services.
E. Conflict with Other Standards. To the extent that any provision of this chapter is inconsistent or conflicts with
any other city ordinance this chapter shall control. Otherwise, this chapter shall be construed consistently with the
other provisions and regulations of the city. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A)
(part), 2013).
15.29.020 Definitions.
For the purpose of this chapter, the following terms shall have the meanings ascribed to them below. Additional
definitions pertaining to the Yakima urban area zoning ordinance can be found in Chapter 15.02 YMC.
"Abandonment" means to cease operation for a period of sixty or more consecutive days.
"Administrator" means the director of the city's department of community development and his or her designees.
"Antenna" means any exterior apparatus designed for telephonic, radio, data, Internet, or television communications
through the sending and/or receiving of electromagnetic waves, and includes equipment attached to a tower,
structure or building for the purpose of providing wireless services, including unlicensed wireless
telecommunications services, wireless telecommunications services utilizing frequencies authorized by the Federal
Communications Commission for "cellular," "enhanced specialized mobile radio" and "personal communications
services," telecommunications services, and its attendant base station.
"Antenna height" means the vertical distance measured from the base of the antenna support stricture at natural
grade to the highest point of the stricture 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 stricture's perimeter. "Antenna support stricture" means any pole, telescoping
mast, tower, tripod, or other stricture 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.
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Chapter 15.29 WIRELESS COMMUNICATION Page 277/315
FACILITIES
"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.
"Base station" is defined as a facility or support stricture 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 impracticable tinder the facts and circumstances. The term includes, without limitation: (a) the use of
strictures, design, colors, landscaping and location to disguise, hide, blend, or integrate with an existing stricture
that is not a monopole or tower; (b) placement of a wireless facility or component thereof within an existing or new
stricture, (c) "stealth strictures" in which the antenna or other wireless facility component is disguised or concealed
within a structure designed to appear as another stricture (such as a church steeple or 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 stricture, 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.
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"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" 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 stricture, shelter, cabinet, or vault used to house and to 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.
The Yakima Urban Area Zoning Ordinance is current through Ordinance#2016-031; effective January 8, 2017
Chapter 15.29 WIRELESS COMMUNICATION Page 278/315
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 cross -arms, poles without cross -arms, 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.
"Hearing examiner" means the duly appointed hearing examiner of the city.
"Major modification" means a co -location or other modification that constitutes a substantial change to an existing
wireless facility or base station as set forth in YMC 15.29.060(A)(2).
"Minor modification" means a co -location or other modification that does not constitute a substantial change to an
existing wireless facility or base station as set forth in YMC 15.29.060(A)(1).
"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 change -out 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 repair and maintenance as defined by this chapter.
"Mount" means the stricture or surface upon which personal wireless service facilities are mounted. There are three
types of mounts:
1. Building Mounted. A personal wireless service facility mount fixed to the roof or side of a building.
2. Ground Mounted. A personal wireless service facility mount fixed to the ground, such as a tower.
3. Structure Mounted. A personal wireless service facility fixed to a stricture other than a building, such as light
standards, utility poles, and bridges.
"Natural grade" means the topographic condition and level of ground in place for the past five years or more, or the
approved finished grade of land platted through the subdivision process.
"Occupy" means to construct, install, maintain, own, or operate telecommunications facilities located within city
rights-of-way. The mere passage of electronic signals over, under, or through rights-of-way via telecommunications
facilities owned by another telecommunications provider does not constitute occupying the rights-of-way.
"Overhead facilities" means utility facilities and telecommunications facilities located above the surface of the
ground, including the underground supports and foundations for such facilities.
"Person" means corporations, companies, associations, joint stock companies, firms, partnerships, limited liability
companies, other entities and individuals.
"Personal wireless service," "wireless service facilities," "wireless facilities" and "facilities" used in this title shall
be defined in the same manner as in 47 USC Section 332(c)(7)(C), as they may be amended now or in the future,
and includes facilities for the transmission and reception of radio or microwave signals used for communication,
cellular phone, personal communications services, enhanced specialized mobile radio, and any other wireless
services licensed by the FCC and unlicensed wireless services.
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Chapter 15.29 WIRELESS COMMUNICATION Page 279/315
FACILITIES
"Protected areas" are: (a) the area commonly known as the Barge -Chestnut Neighborhood situated within the area
bounded on the west by 36th Avenue, on the north by Summitview Avenue, on the east by 16th Avenue, and on the
south by Tieton Drive; (b) established federal, state or local historic districts or historic district overlay zones; (c)
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); (d) sites, buildings,
strictures or objects listed in the National Register of Historic Places; (e) state and local wildlife refuges, and
permanently protected archeological sites; and (f) 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/or 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.
"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.
"Rights-of-way" means land acquired or dedicated for public roads and streets, as further defined in YMC
15.02.020, but does not include (a) strictures, including poles and conduits, located within the right-of-way; or (b)
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.
"Screening" means an opaque fence and/or evergreen landscaping that fully conceals the property it encloses.
"Secondary use" means a use subordinate to the principal use of the property, such as commercial, residential,
utilities, etc.
"Security barrier" means a wall, fence, or berm that has the purpose of sealing a personal wireless service facility
from unauthorized entry or trespass.
"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.
frllltlllftll4411M1ftiVi"C�;:<I,ll,l;;lJ�[ �! J'.�1�..Jfi'.[11411C1I �7aY41
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"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.
"Telecommunications carrier" includes every person that directly or indirectly owns, controls, operates or manages
plant, equipment or property within the city, used or to be used for the purpose of providing telecommunications
services to locations outside the city.
"Telecommunications service" means transmission of information, except cable television service, by wire, radio,
optical cable, electromagnetic, or other similar means, for hire, sale, or resale to the general public. For the purposes
of this definition, "information" means knowledge or intelligence represented by any form of writing, signs, signals,
The Yakima Urban Area Zoning Ordinance is current through Ordinance#2016-031; effective January 8, 2017
Chapter 15.29 WIRELESS COMMUNICATION Page 280/315
FACILITIES
pictures, sounds, or any other symbols. "Telecommunications service" excludes the over -the -air transmission of
broadcast television or broadcast radio signals, and facilities necessary for governmental purposes. The city shall act
on an application within a reasonable period of time, taking into account the nature and scope of the application.
Any decision to deny an application shall be in writing, supported by substantial evidence contained in a written
record. The city shall approve, approve with conditions, 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 ordinances.
"Telecommunications service provider" includes every person that directly or indirectly owns, controls, operates or
manages plant, equipment or property within the city, used or to be used for the purpose of offering
telecommunications services, except cable television service, to residents, businesses or other locations within the
city.
"Tower" means any stricture that is designed and constructed primarily for the purpose of supporting one or more
antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term encompasses personal
wireless service facilities including radio and television transmission towers, microwave towers, common -carrier
towers, cellular telephone towers or personal communications services towers, alternative tower strictures, 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.
"Unlicensed wireless services" means commercial mobile services that operate on public frequencies and do not
need an FCC license.
"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.
"Utility pole" means any pole used primarily for the support and provision of lighting and/or transmission of power,
telecommunications services, telephone, cable television, and other similar utilities and related fixtures, whether
located within or outside the public right-of-way. Utility poles[KA3],+� i!i ,v k-, subject to rights of ownership,
applicable franchise provisions, applicable regulation by the Washington Utilities and Transportation Commission
(WUTC), and statutes governing location and relocation.
"Visual impact assessment" means visual impact assessment with photo -simulation of the proposed facility. (Ord.
2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
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.
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Chapter 15.29 WIRELESS COMMUNICATION Page 281/315
FACILITIES
F. Satellite dish antennas less than two meters in diameter, including direct -to -home or site 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 YMC 15.29.060(A).
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.
J. Telecommunications facilities of the city located upon city property and city utility poles and fixtures. (Ord.
2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.040 Permits required.
The following table summarizes the permits required for the various types of personal wireless service facilities that
meet the standards of this chapter:
Table 29-1
Permit Table*
Type of Use
Permit Type
Approval Type
Co-location/minor modification (no
Modification
Administrative (if minor
substantial change)
utilitypole within300-feetof'
protected area
modification)
Co-location/major modification
Same as New Towers (depending on
Same as New Towers (depending on
(substantial change in height)
location)
location)
New antenna (existing noncellular
Standard Wireless
Administrative
structures, industrial and commercial
zoning districts)
New tower (public or city -owned
Standard Wireless
Administrative/Lease
property)
New tower (commercial or industrial
Standard Wireless
Administrative
zoning district, more than 300 feet
from residential or protected area)
New tower (in or within 300 feet of
Standard Wireless if camouflaged
Administrative
residential zoning district)
by stealth
or
Wireless CUP** if not camouflaged
Hearing Examiner
by stealth
New tower (in or within 300 feet of
Wireless CUP
Hearing Examiner
protected area)
Any tower, antennas or modification
Wireless Variance
Hearing Examiner
not meeting standards of this chapter
* Applicable permits include building permits and other permits required for installation.
** Wireless conditional use permit
Table 29-1.5
Small Cell Permit Table
New small cell facility in public
rxg t -o -wa
ay or on i} existing i
Standard Wireless
Administrative
)i flat i iur. ul KA/11 utilitypole
New small cell facility on new
cru l
]Ili 1)" 1 iJk rdn
llh. i "I"i,
�,,-,i�i�tt.r`�iiuuii ii��1i t,fl!/�'"1,11KA,./
utilitypole within300-feetof'
protected area
The Yakima Urban Area Zoning Ordinance is current through Ordinance#2016-031; effective January 8, 2017
Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
(Ord. 2016-029 § 1 (Exh. A) (pari), 2016: Ord. 2013-051 § 2 (Exh. A) (pari), 2013).
15.29.050 Application submittal/fees.
A. Standard Wireless Application. A complete application shall consist of the following:
1. A complete application form as provided by the community development department.
2. The name, address, signature and contact information of the applicant:
Page 282/315
a. If the applicant is not the landowner, applicant shall provide written authorization signed by the
landowner authorizing the applicant to submit for permits on the landowner's behalf. The written
authorization signed by the landowner shall contain a statement and acknowledgement by the landowner
that the landowner shall be deemed a co -applicant by virtue of such authorization.
b. If any applicant or co -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.
3. Evidence that the applicant is an FCC -licensed telecommunications provider or that it has agreements with
an FCC -licensed telecommunications provider for use or lease of the support stricture.
4. Legal description of the parcel.
5. Site plan, drawn to scale, clearly indicating the location, type and height of the current or proposed wireless
facility, accessory buildings, fencing, trees, landscaping, topographic contours of the site at two -foot intervals,
location of utility easements, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways,
proposed means of access, setbacks from property lines, and all other items required in this chapter.
6. Elevation drawings of the proposed wireless facility, drawn to scale and showing dimensions of the height
and width of the facility.
7. Proposed colors and materials of all components of the proposed wireless facility and of any fencing
materials associated with the wireless facility.
8. State Environmental Policy Act (SEPA) checklist, if required.
9. A signed statement that the proposed installation will not cause physical or RF interference with other
telecommunications devices.
10. A copy of the FCC license for the intended use of the wireless telecommunications facilities.
11. Method of proposed illumination, including a lighting plan showing the location of all proposed outdoor
lighting fixtures, including direction and intensity of light, and including manufacturer's "curt -sheets" of all
outdoor luminaries.
12. The location of existing or proposed structures, trees, and other significant site features intended to
camouflage the facility.
13. A letter signed by the applicant stating the wireless facility will comply with all FAA regulations and EIA
standards and all other applicable federal, state and local laws and regulations.
14. 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 (non -ionizing electromagnetic radiation—NIER). If not
categorically excluded, a complete RF emissions study is required to provide verification.
The Yakima Urban Area Zoning Ordinance is current through Ordinance#2016-031; effective January 8, 2017
Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
15. Applicable fees.
Page 283/315
16. Other information for each permit and stricture type as specified in subsection B of this section.
B. Application by Permit Type, Structure Type and Location. In addition to the information required for a standard
permit in subsection A of this section, the following information shall be provided for each specified permit type or
stricture type:
1. New Towers and Base Stations,[KA7].
a. A current map and aerial showing the location of the proposed tower and/or base station; a map
showing the locations and service areas of other personal wireless service facilities operated by the
applicant in the city.
b. The approximate distance between the proposed tower and the nearest residential unit, residentially
zoned properties, and protected areas.
c. A statement by the applicant that the design of the tower will accommodate co -location of additional
antennas for future users.
d. An affidavit stating 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 stricture 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 ninety days after abandonment.
e. An affidavit signed by the applicant, landowner (co -applicant), and the antenna support stricture
owners, if different, indicating that:
i. They, together with their heirs, successors and assigns, agree to be jointly and severally responsible
to dismantle and remove the WCF/antenna support stricture and restore the site to its approximate
original prestructure condition within the applicable time limits set forth in YMC 15.29.150 following
receipt of a letter from the city indicating that the facility is deemed abandoned or in violation of this
chapter; and
ii. In the event a permit is issued pursuant to this chapter, they authorize the city to record such
affidavit or a memorandum thereof with the Yakima County auditor against title to the property for
which the permit was issued.
f. A landscape and irrigation plan showing all methods to landscape, irrigate, and screen the base of new
facilities.
g. An explanation of proposed methods of camouflaging (including stealth if applicable) and how the
proposed camouflaging reflects conditions of the surrounding site and area.
2. Facilities in Residential Zoning Districts and Protected Areas.
a. A statement describing the applicant's effort to first locate the proposed communications facilities on
a government facility, a private institutional stricture (such as a hospital or school), or other appropriate
existing strictures outside the residential zone or protected area and within a half -mile radius of the
proposed site, and explaining why, based upon valid considerations including physical, technological,
leasing, or other valid constraints, no more appropriate location is available.
b. A description of any existing buildings taller than thirty-five feet within one-half mile of the proposed
tower or antenna which from a location standpoint could provide part of a network to provide transmission
of signals.
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Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
Page 284/315
c. A statement describing the applicant's effort to first contact the owners of strictures in excess of
thirty-five 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. The statement shall,
if applicable, confirm whether the applicant asked for permission to install the antenna on those strictures
and whether he or she was 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 strictures.
3. Modification Permit.
a. Elevation drawings of the existing wireless facility, drawn to scale and showing dimensions of the
height and width of the facility (this drawing is required in addition to elevation drawing of proposed
facility described tinder subsection A of this section);
b. A landscape and irrigation plan showing all methods to landscape and screen the base of the modified
telecommunication facility;
c. A computation and description of proposed modification establishing whether or not such
modification constitutes a substantial change in the physical dimensions of the existing facility (if the
application is for modification of an existing facility); and
d. Written authorization signed by the owner of said facility authorizing its modification. (Required if
the applicant is not the owner of the existing wireless facility.)
4. Wireless CUP (Conditional Use Permit).
a. An explanation of proposed methods of camouflaging and how the proposed camouflaging reflects
conditions of the surrounding site and area.
b. A statement from the applicant describing how he/she believes the proposal addresses the criteria for a
wireless conditional use permit prescribed in YMC 15.29.100.
c. A list of owners of property within three hundred feet of the site and their associated mailing
addresses.
5. Wireless Variance.
a. A statement from the applicant describing how he/she believes the proposal addresses the criteria for a
wireless height variance prescribed in YMC 15.29.110.
b. A statement describing the requested variance and why it is needed.
c. A list of owners of property within three hundred feet of the site and their associated mailing
addresses.
C. Applicant to Provide Notice. For wireless conditional uses or variances, the city may require applicant to 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. Applicant shall provide an affidavit that all required notices
have been posted and published as required. Additionally, and without limitation, the city may use any other means
deemed advisable to provide advance notice to the public.
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Chapter 15.29 WIRELESS COMMUNICATION
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D. Fees. The application for a permit listed above shall be accompanied by a filing fee in the amount set forth in
Table 29-2.
Table 29-2
Application Fees*
Permit Type
Fee
Modification (if minor)
$300.00
Modification (if major)
$500.00
Standard Wireless
$500.00
Wireless Variance
$1,500.00
Wireless Conditional Use Permit
$3,500.00
i
r kg a i tits ,Yol "Io;dl n ]1 I 111111
* Separate fee required for each permit type associated with application. For an application requiring a
wireless variance and a wireless conditional use permit, both the variance fee and the conditional use
permit fee are required.
(Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.060 Development standards.
A. Modifications to an Existing Wireless Facility or Base Station.
1. Minor Modification. Any modification of or co -location on an existing wireless facility that does not
substantially change the physical dimensions of such tower or base station (as defined in subsection (A)(2) of
this section), even if it exceeds the underlying standards of the zoning district, shall be deemed a "minor
modification" and shall be administratively approved under a modification permit.
2. Major Modification. Any modification of or co -location on an existing wireless facility that substantially
changes the physical dimensions of an existing wireless tower or base station shall be deemed a "major
modification." A substantial change occurs if:
a. The mounting of the proposed antenna on the tower would increase the existing height of the tower by
more than ten percent, or by the height of one additional antenna array with separation from the nearest
existing antenna not to exceed twenty feet, whichever is greater; or
b. The mounting of the proposed antenna would involve the installation of more than the standard
number of new equipment cabinets for the technology involved, not to exceed four, or more than one new
equipment shelter; or
c. The mounting of the proposed antenna would involve adding an appurtenance to the body of the tower
that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower
structure at the level of the appurtenance, whichever is greater, except that the mounting of the proposed
antenna may exceed the size limits set forth in this subsection if necessary to shelter the antenna from
inclement weather or to connect the antenna to the tower via cable; or
d. The mounting of the proposed antenna would involve excavation outside the current tower site,
defined as the current boundaries of the leased or owned property surrounding the tower and any access or
utility easements currently related to the site.
3. Major Modification—Required Permits. A major modification shall be processed under the same permit
types as new towers located in the same zone and area. (See Table 29-1, Permit Table or Table 29-1.5-)
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Chapter 15.29 WIRELESS COMMUNICATION
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B. Co -Location Capable—New Strictures. To reduce the number of antenna support structures needed in the city
„.
in the future, the following standards apply to new towers or base stations. rill Jr(r[ <<1 Flu«JJ it 'Jti>> „ Jjtj>>tl„!2.
X11
1. Requirement and Waiver. New proposed support strictures shall be designed to accommodate at least two
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 if such design is not feasible for
aesthetic reasons, or necessary to preserve camouflaging or stealth strictures in residential or protected areas;
or provided, that the applicant, in writing, demonstrates that the provisions of future shared usage of the tower
is not technologically feasible or creates an unnecessary and unreasonable burden, based upon:
a. The kind of wireless telecommunications facilities site and structure proposed; or
b. The number of existing and potential licenses without wireless telecommunications facilities
spaces/sites; or
c. Available space on existing and approved towers or other appropriate strictures.
2. Owner Certification. The owner of a proposed tower, and his/her successors in interest, shall either:
a. Provide a written statement affirming that a master license agreement with another wireless provider
or providers exists stating mutually acceptable terms and conditions for co -location for wireless facilities
on the tower and site; or
b. Provide a written statement affirming that the owner and owner's successors will negotiate in good
faith for the co -location and shared use of the proposed tower by other wireless service providers in the
future, and shall allow shared use of the tower if another telecommunications provider agrees in writing to
pay reasonable charges. The charges may include, but are not limited to, a pro rata share of the cost of site
selection, planning, project administration, land costs, site design, construction and maintenance financing,
return on equity, less depreciation, and all of the costs of adapting the tower or equipment to accommodate
a shared user without causing electromagnetic interference.
C. Co -Location Encouraged—Existing Structures. To minimize adverse visual impacts associated with the
proliferation of towers, co -location of personal wireless service facilities on existing towers and strictures is
encouraged as follows:
1. Co -location is permitted by right under a modification permit, unless the modification constitutes 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 tower height that constitute a "substantial change” as defined by
subsection (A)(2) of this section are subject to all provisions applicable to new towers and base stations
described in this chapter.
2. The city may deny an application to constrict new1 ��� ���r� t ;t; if the applicant has not shown by
substantial evidence that it has made a diligent effort to mount the facilities on a suitable existing structure or
tower within one-half mile of the proposed facility.
3. All wireless service providers or lessees or agents thereof shall cooperate in good faith to accommodate co -
location with competitors.
D. Required Parking. Adequate parking shall be required for maintenance workers. it , ate d.
E.
thO fRay F-O"if-O a 4A1@@4;_ -4-.- ffl�fy HO�A' �A'if-010SS f4eility for- whieh the-,
[KA9]
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Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
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F. Facilities in or within Three Hundred Feet of Residential Zone or Protected Area. The following standards
apply u > 171 0 11 � l i l (11 r,+ within residential zoning districts,
a to wireless facilities. rl�li .1 tli7t 7url ��lli
and within three hundred feet of residential zoning districts:
1. Due Diligence Requirements. Applications to place antennas and towers in residential zoning districts or
within three hundred feet of residential zoned districts shall demonstrate that the requirements of YMC
15.29.050(B)(2) have been met.
2. NEPA Requirements. Antennas and tower facilities proposed to be located in or within three hundred 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 Parts 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 CFR 1.1307 et seq. and comply with any mitigations imposed therein.
3. Certificate of Appropriateness Required. New wireless facilities, and any modification to existing wireless
facilities that constitutes a "substantial change" pursuant to subsection (A)(2) of this section, proposed to be
located in a local historic district, historic district overlay, or other protected historic site, listed in the city of
Yakima registry of historic places, require a certificate of appropriateness from the Yakima historic
preservation commission in accordance with the procedures set forth in Chapter 11.62 YMC prior to the
issuance of any permit for the constriction, installation or major modification of wireless facilities in such
areas.
G. Building Permits Required. Issuance of wireless facility permits under this chapter shall authorize issuance of
any necessary and appropriate building permits to accomplish such modification, subject to compliance with
applicable permit requirements and fees. Applicant shall submit complete applications for all other construction
permits necessary to accomplish the constriction.
H. Financial Security Required. 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.
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The Yakima Urban Area Zoning Ordinance is current through Ordinance#2016-031; effective January 8, 2017
15.29.070 Design criteria.
"�.. .....All facilities4 �,.� t ��f zXjall cc...ics locafc(�Vifllill. f 74.714:7 c� Gc...nt ar � i.
or mi c l c 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. Except as otherwise set forth below, setbacks for facilities shall comply with the setback
requirements of Chapter 15.05 YMC and Table 5-1.
a. Right -of -Way Setback Exception. The setback requirement is not applicable if the antenna and antenna
support stricture are located in the city right-of-way, provided the antenna is attached to an existing city tower or
facility.
b. Protected Areas. In protected areas or where a proposed tower is on property abutting a protected area,
towers shall be set back from all property lines a distance equal to one hundred ten percent of tower height as
measured from ground level.
c. Residential Zoned Districts. In residential zoned districts or where a proposed tower is on property
abutting a residential zoned district, towers shall be set back a minimum of one-half the tower height.
d. Minor Modifications. Any expansion of a base station or extension of height of an existing wireless
facility that constitutes a minor modification shall be considered in compliance with the setback requirements
previously approved for the existing wireless facility.
e. Existing Wireless Facility on Established Lot—Exception. The setback requirement is not applicable if
the antenna and antenna support stricture were constricted, or application for such constriction vested, on a parcel
created pursuant to RCW 58.17.040(8) prior to the effective date of this code. Wireless facilities constricted on and
after the effective date of this code on parcels created pursuant to RCW 58.17.040(8) are subject to the setback
requirements.
2. Tower and Antenna Height. The maximum height of a wireless facility is as follows:
a. In or within three hundred feet of a residential zoning district or protected area, no wireless facility
shall exceed the height allowed by the underlying height limitation for the zoning district in which the
facility is located, except that if the facility is camouflaged by stealth pursuant to subsection 8 of this
section, the maximum height is sixty feet.
b. In CBD and B-1 zoning districts, the maximum height is sixty feet.
C. In all other zones, the maximum height is one hundred ten feet.
d. In any zoning district, the applicant shall have the burden of demonstrating that the tower is the
minimum height required to meet the proven communications need.
e. Strictures that exceed the above height limits may be permitted by variance pursuant to the cellular
height variance provisions of YMC 15.29.110.
%; . Color. Towers shall have a dark color such as forest green, charcoal or dark brown, depending on the
surroundings or background, 4i&�-wyhic ,-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.
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Chapter 15.29 WIRELESS COMMUNICATION Page 289/315
FACILITIES
"iii. 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.
1`i. Fencing and Security. The antenna support stricture shall be secured against unauthorized entry. 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 dense
vegetative screen at least eight feet in depth along all visible portions of the fence.
4. Anti -Climbing Device. All support strictures shall be fitted with anti -climbing devices, as approved by
the manufacturers.
Exl. Camouflage Requirements. All new towers and base stations, and major modifications to towers and base
stations, must be camouflaged as defined by this chapter. Appropriate camouflaging is determined on a site-
specific basis, taking into account existing strictures and natural features both on and surrounding the site.
When considering surrounding features that the facility is designed to reflect, nonconforming strictures shall
not be considered; nor shall structures such as utility poles, signs, smoke stacks, mechanical equipment, utility
substations, other wireless -based structures or similar features that contribute to visual clutter of an area be used
to determine an acceptable camouflage technique. In all zones, towers shall be camouflaged using the least
visually and physically intrusive facility that is not technologically impracticable under the facts and
circumstances. Camouflaging for new towers and base stations shall include the following:
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.
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 strictures. Further, existing
vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or as
a supplement to landscaping requirements. The following landscaping and buffering shall be required
around the perimeter of the tower and accessory structures:
i. A row of evergreen trees a minimum of six feet tall at planting a maximum of six feet apart shall
be planted around the perimeter of the fence.
ii. A continuous hedge at least thirty-six inches high at planting capable of growing to at least forty-
eight inches in height within eighteen months shall be planted in front of the tree line referenced above.
iii. To the extent feasible, the tower or mount shall be placed amongst and adjacent to the drip line of
three or more evergreen trees at least seventy-five percent of the height of the facility.
iv. An automatic irrigation system providing irrigation as needed according to plant type, season and
maturity of plantings.
c. Continued Maintenance. Applicant shall have a continuing obligation to maintain the landscaping
improvements. In the event that landscaping is not maintained at the required level, the city after giving
thirty days' advance written notice may maintain or establish the landscaping and bill both the owner and
lessee for such costs until such costs are paid in full, or may seek enforcement through any available
remedy.
d. Trees—Recording of Conditions. To ensure that trees associated with camouflaging and screening are
preserved, the following note shall be recorded on the property title:
The Yakima Urban Area Zoning Ordinance is current through Ordinance#2016-031; effective January 8, 2017
Chapter 15.29 WIRELESS COMMUNICATION Page 290/315
FACILITIES
All trees within 50 feet of the telecommunications facility located on this property, which
serve to screen the telecommunications facility, shall be retained for the life of the
telecommunications facility. Screening trees may only be removed if deemed diseased or
dangerous by a certified arborist. Before any trees can be removed a report from the certified
arborist shall be submitted to the City for review and approval. Unless approved by the City,
only that portion of the tree required to remove the hazard can be removed. The City may
require the trees to be replaced by the telecommunication provider.
7/,4. Stealth Requirements. Any facility. 1,tJi j tJiJI ,p j[I�dJ ""Ji J� „ _J ihtly _p,i tlin or within three
hundred feet of residential zoning district or protected area must be concealed within a stealth stricture unless
otherwise approved through a wireless conditional use permit. Stealth strictures shall be designed as follows:
a. The stealth camouflage stricture or facility must be compatible with surrounding development by
being either similar in height to surrounding strictures or a sufficient distance from surrounding strictures
to create a significant visual separation,;
b. Stealth designs sliall reflect features that are indigenous to the area. 1'ar, 1 a14�4tw >l1
t J towers designed to look like trees slia I I + 4 be tree types that naturally or commonly occur in the
surrounding
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pC
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designed to look like flagpoles sllw ll fr1 1,atprl t 4°Qh piwG , have the common dimensions of flagpoles, both in
y? 1 frit is. 4 4)”4 V: a 4% �rlti�h4 i lar fnw?r , lcktl x911 p?lw{u 0r
height and girth �a4n4h ��17at1„I f[� ati J,rna� r1 ar�>1s f[at, a4nli rc1 r 1rt4ht„
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f'd. After completion of construction, the antennas, towers and related facilities will be maintained within
the stealth stricture so as to be concealed from view or be viewed as the camouflaging stealth stricture;
and
G:>e. The administrator may impose other conditions or mitigations reasonably related to such strictures
as warranted by special conditions of the subject property and the type of camouflaging stricture,
including but not limited to additional or supplemental setback requirements, maintenance requirements,
and other measures intended to accomplish the purposes of this chapter and section.
84' . Antenna Criteria. Antennas hichl 4hm� small t°1 ll fatcih1 ics not ioc te(I within the nn�hl of way on Utility....
......... ......... ..
Votes, on or above a stricture 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 for
technical reasons. In no event shall an antenna project more than sixteen feet above the roofline, including
parapets.
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Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
Page 291/315
c. The antenna 1rl,lcl.4 �,s all(i ca[k Cllw shall be constricted, painted, or fully screened to match as closely
as possible the color and texture of the building and wall on which it is mounted.
141141`t or of alllllla , ;Miall 4 llstl r �lftCFtll�"t ftll� INtINt„C ll” b'M1( Il �7Cft�°Itly'.,,,,,
IIIaYllft� a 111 lmak , oll o f lIl4 lI4IC4 lll'l
The antenna maybe attached to an existing mechanical equipment enclosure which projects above
the roof of the building, but may not project any higher than the enclosure.
k?. 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 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.
iv. If the antenna is placed on the roof or above the top of a building, it shall provide a minimum
setback equal to the height of the panel antenna from the rooftop edge.
v. Antenna, antenna arrays, and support strictures shall not extend more than sixteen feet above the
highest point of the stricture on which they are mounted. The antenna, antenna array, and their support
structure shall be mounted so as to blend with the stricture to which the antenna is attached. The
antenna and its support stricture 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.
`; 0. Guy Wires Restricted. No guy or other support wires shall be used in connection with such antenna,
antenna array, or its support stricture except when used to anchor the antenna, antenna array, or support
structure to an existing building to which such antenna, antenna array, or support stricture is attached.
IN. Equipment Strictures. The standards for equipment strictures (base stations) are as follows:
a. Ground Stricture.
i. 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 increased height is necessary to accommodate the
proposed facility and possible co -location.
ii. Ground level buildings shall be screened from view by landscape plantings, fencing, or other
appropriate means, as specified herein or in other city ordinances.
iii. 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 strictures, including building form, materials and color.
b. Roof Mounted Stricture.
i. Equipment buildings mounted on a roof shall be designed to match and be integrated into the
exterior design and materials of the building. Equipment for roof mounted antenna may also be located
within the building on which the antenna is mounted.
ii. Equipment buildings, antenna, and related equipment shall occupy no more than twenty-five
percent of the total roof area of the building the facility is mounted on, which may vary if co -location
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Chapter 15.29 WIRELESS COMMUNICATION
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and adequate camouflage are used. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh.
A) (part), 2013).
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15.29.080 Site selection standards [KA121
A. Protected Areas. Protected areas are: (a) the area commonly known as the Barge -Chestnut Neighborhood
situated within the area bounded on the west by 36th Avenue, on the north by West Summitview Avenue, on the
east by 16th Avenue, and on the south by Tieton Drive; (b) established federal, state or local historic districts or
historic district overlay zones; (c) 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); (d) sites, buildings, strictures or objects listed in the National Register of Historic Places; (e) state
and local wildlife refuges, and permanently protected archeological sites; and (f) designated areas subject to
preservation or protection through recorded conservation easement.
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B. Discouraged Areas in B-2 and SCC Zoning Districts. New antennas and antenna support strictures should be
avoided in the following locations within the B-2 local business and SCC small convenience center zones when
possible:
1. Within three hundred feet of residential areas.
2. Within three hundred feet of protected areas.
r„JJf
�rl1_J�>>I�i( i`%lirtli I"JV, ,, that wishes to locate in these
An appicantJ�ll ,, ,f�t'1,„1„���l�t''..��ili ill„�r„ ��r
areas shall demonstrate that a diligent effort has been made to locate the proposed communications facilities on a
site, private institutional stricture, or other appropriate existing structures more than three hundred feet from
residential zoned districts or more than three hundred 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 be approved by the administrator, subject to the
administrator's approval of camouflage or disguise by stealth. Such proposed structures are also subject to the
balloon test and/or photo -simulation requirements of YMC 15.29.130 in order to assist the administrator in
determining appropriate camouflage and/or stealth requirements.
C. Priority of Locations. The order of priorities for locating new personal wireless service facilities shall be as
follows:
1. Co -location (see YMC 15.29.060(B) and (C)).
2. Industrial zoning districts.
3. Public property (see subsection E of this section).
4. Existing structures—industrial and commercial zoning districts (e.g., buildings, towers, and water towers).
5. Local business district (B-2) and small convenience center (SCC) zoning districts.
6. Residential zoned districts.
7. Protected areas.
D. Site Selection Criteria.
1. Any applicant proposing to construct an antenna support stricture, or mount an antenna on an existing
stricture, oflif,.r (li;m ;��,tii �dj ; if .I�. r�r„ili(�, ire (lif,. i i; ai( o1 m li yi,' s,Lshall evaluate different sites within a one-
quarter -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 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.
2. Wireless facility installations, including any 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 strictures provide the greatest amount
of camouflage.
E. Siting Priority on Public Property.
1. Order of Preference. 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:
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a. 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;
b. 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;
c. Other governmental entities, for uses that are not related to public safety; and
d. 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.
2. Subject to City Discretion. 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:
a. The facilities will not interfere with the purpose for which the city -owned property is intended;
b. 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;
c. 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;
d. 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;
e. 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;
f. The applicant must reimburse the city for any related costs that the city incurs because of the presence
of the applicant's facilities;
g. The applicant must obtain all necessary land use approvals; and
h. The applicant must cooperate with the city's objective to encourage co -locations and thus limit the
number of cell sites requested.
F. Special Requirements for Parks. [KA14]The use of city -owned parks for personal wireless service facilities brings
with it special concerns due to the unique nature of these sites. The placement of personal wireless service facilities
in a park will be allowed only when the following additional requirements are met:
1. The city parks commission has reviewed and made a recommendation regarding proposed personal
wireless service facilities to be located in the park and this recommendation has been forwarded to the city
council for consideration and approval;
2. In no case shall personal wireless service facilities be allowed in designated critical areas (except aquifer
recharge areas) unless they are co -located on existing facilities; and
3. Before personal wireless service facilities may be located in public parks, visual impacts and disruption of
normal public use shall be mitigated. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A)
(part), 2013).
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15.29.090 Safety and industry standards.
A. Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC,
and any other agency of the federal government with the authority to regulate towers and antennas. If those
standards and regulations are changed, then wireless service providers governed by this chapter shall bring their
towers and antennas into compliance with the revised standards and regulations within six months of their effective
date or the timelines provided by the revised standards and regulations, whichever time period is longer. Failure to
bring towers and antennas into compliance with the revised standards and regulations shall constitute grounds for
revocation of permit.
B. Building Codes—Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall
ensure that it is maintained in compliance with standards contained in applicable city building codes and the
applicable standards for towers that are published by the Electronic Industries Association (`EIA"), as amended
from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards
and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the
owner shall have thirty days to bring the tower into compliance with such standards. If the owner fails to bring its
tower into compliance within thirty days, the city may remove the tower at the owner's expense.
C. Data Transmission Standards. Towers shall be constructed to applicable Electronic Industry Association (EIA)
standards, which may be amended from time to time. Further, any improvements or additions to existing towers
shall require submission of site plans stamped by a professional engineer that demonstrate 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 Federal Communications Commission (FCC) radio frequency (RF) emission standards.
D. Inspection Report Filing. Within sixty 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. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.100 Wireless conditional use permit criteria.
A. Uses Requiring Cellular Conditional Use Permit. Any wireless facility listed in Table 29-1 as a wireless
conditional use permit (wireless CUP) requires submittal of a wireless CUP application as described in YMC
15.29.050. Wireless CUPS require a public hearing before the hearing examiner and final approval by the hearing
examiner.
B. Criteria for Granting Cellular Conditional Use Permit. Before any conditional use may be granted, the hearing
examiner must find that:
1. The proposed use will not be materially detrimental to the public welfare or injurious to the property or
improvements in the vicinity of the proposed use or in the district in which the subject property is located;
2. The proposed use shall meet or exceed the performance standards that are required in the zoning district
the proposed use will occupy;
3. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic
and pedestrian circulation, building and site design;
4. The proposed use shall be in keeping with the goals and policies of the comprehensive land use policy
plan; and
5. All reasonable and practicable measures have been taken to minimize the possible adverse impacts which
the proposed use may have on the area in which it is located.
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C. Authority to Impose Conditions. The hearing examiner may impose any conditions necessary to address
identified impacts associated with the proposed wireless facility and ensure that the facility is compatible with
surrounding development. The hearing examiner may:
1. Increase requirements in the standards, criteria or policies established by this title;
2. Stipulate the exact location as a means of minimizing hazards to life, limb, property damage, erosion,
landslides or traffic;
3. Require structural features or equipment essential to serve the same purpose set forth above;
4. Impose conditions similar to those set forth in subsections (C)(2) and (3) of this section as deemed
necessary to establish parity with uses permitted in the same zone in their freedom from nuisance generating
features in matters of noise, odors, air pollution, wastes, vibration, traffic, physical hazards, and similar matters;
provided, the hearing examiner may not, in connection with action on a conditional use permit, reduce the
requirements specified by this title as pertaining to any use or otherwise reduce the requirements of this title in
matters for which a variance is the remedy provided;
5. 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;
6. 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
7. Require the posting of constriction 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.
D. Required Condition of Approval. The decision shall include a condition that building permits not be issued
until financial security is provided pursuant to YMC 15.29.060(H). This requirement applies whether specifically
stated in the decision or not.
E. 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. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.110 Wireless height variance.
A. Applicability. A cellular height variance is required for any major modification to an existing tower, antenna, or
base station or constriction of a new tower, antenna, or base station that requires a height in excess of height limits
defined in YMC 15.29.070(2).
B. Criteria for Granting Wireless Height Variance. The hearing examiner shall have the authority to grant a
variance from the maximum height allowed for a tower, antenna or base station when, in his/her opinion, the
conditions as set forth herein have been found to exist. A wireless height variance is subject to:
1. Compliance with standard wireless permit standards of YMC 15.29.120(D);
2. Standard variance procedures in Chapter 15.21 YMC (not including review criteria); and
3. All of the following criteria must be met:
a. The additional height is necessary to provide adequate service to the residents of the city and no other
alternative is available;
b. A significant portion of the tower and related facilities are screened by existing evergreen trees or
existing structures;
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c. Strict application of current height limits would deprive a tower or antenna operator from achieving
the minimum height required to meet the proven communications need;
d. The stricture for which the variance is requested is in harmony with the general purpose and intent of
this chapter;
e. 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;
f. 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;
g. Any visual impacts will be mitigated to the greatest extent possible using camouflage, stealth or
screening as defined by this chapter;
h. 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
i. The variance is the minimum necessary to grant relief to the applicant.
C. Decision. Based upon the information provided by the applicant, the results of the balloon test and visual
impact analysis, and findings of compliance or noncompliance with the criteria set forth herein, the examiner may:
1. Approve an application for a variance, which may include additional requirements above those specified in
this title or require modification of the proposal to comply with specified requirements or local conditions; or
2. Deny a variance if the proposal does not meet or cannot be conditioned or modified to meet subsection B
of this section.
D. Burden of Proof. The applicant has the burden of proving that the proposed wireless height variance meets all
of the criteria in subsection B of this section. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A)
(part), 2013).
15.29.120 Application review process.
A. Preapplication Meeting. To expedite review of applications, a preapplication meeting with the administrator is
strongly encouraged. The preapplication meeting will help the applicant determine what permits may be required for
his or her proposed wireless facility, what additional information or studies may help in the review of the
application, and what stealth and/or camouflaging techniques might be appropriate for the site. The administrator
may help to identify protected areas and may also suggest vantage points from which a visual impact assessment
should be based.
B. Review for Completeness. The administrator shall review each application for completeness as specified in
YMC 15.29.050. After review of the application, the administrator shall issue a determination of completeness or
incompleteness in accordance with Chapter 16.04 YMC. In addition to information required for a complete
application, the administrator may request additional information from the applicant to review the proposal and
determine compliance with the provisions of this chapter. Except for the timelines specified in subsection C of this
section for applications to modify an existing wireless facility or base station, (o �ij i nq j j_
Jl
its > >> I.0 � f f t M ,, such administrative review, processing and issuance of administrative permits shall comply
with the city's timelines and procedures governing review and issuance of administrative permits in Chapter 16.04
YMC.
C. Modification Permit Review. Applications for modifications to existing wireless facilities or base stations shall
be reviewed as follows:
1. Determination of Major or Minor Modification. Within forty-five days of receipt of a complete application
for modification, the administrator shall review and issue a written determination as to whether the requested
modification is deemed a major or minor modification under the provisions of YMC 15.29.060(A). The
administrator may request additional information from the applicant or any other entity to assist in this
determination.
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2. Finding of No Substantial Change—Minor Modification. If the modification is deemed by the
administrator to be a minor modification under the provisions of YMC 15.29.060(A), he shall issue a
modification permit, which may include conditions necessary to achieve compliance with the provisions of this
section. Issuance of the modification permit shall occur within forty-five days after receipt and approval of a
complete application for a modification permit.
3. Finding of Substantial Change—Major Modification. 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 determination that the change is a major modification and direct the applicant to submit the
appropriate application(s) as specified in Table 29-1 and YMC 15.29.050.
D. Standard Wireless Permit Review. Standard wireless applications apply to all new wireless facilities and base
stations and to major modification of all existing wireless facilities and base stations. Standard wireless applications
shall be reviewed as follows:
1. Administrative Decision. All standard cellular applications shall be subject to administrative review and
decision unless they require an associated wireless conditional use permit or variance as specified in Table 29-1
on. Tabic 29... i ..5.
......................................................................................
2. Camouflaging/Stealth Review. The administrator shall review the proposed method of camouflaging or
stealth against conditions on or surrounding the site as follows:
a. The administrator shall consider how proposed design of the tower, placement on the site, topography
of and surrounding the site, color, structures on and surrounding the site, and natural features on and
surrounding the site help to blend the wireless facility into its setting.
b. The administrator may require a visual impact assessment as described in YMC 15.29.130 based upon
lines of sight or vantage points identified by the administrator.
c. The administrator shall determine if the proposed camouflaging or stealth reasonably integrates the
wireless facility into its setting. The administrator may impose conditions to ensure that the facility
achieves this objective.
3. Compliance with Standards. The administrator shall review the proposal against all other standards of this
chapter including, but not limited to, height, setbacks, color, design, lighting, landscaping, screening, and co -
location capacity. If any items are found to be not in compliance, the administrator shall notify the applicant
and direct him or her to either submit within two weeks, or other period of time deemed reasonable by the
administrator considering the scope and complexity of the required revision, revised plans to address the
compliance issue, or direct the administrator to render a decision on the application as submitted.
4. Written Decision. The administrator shall issue a written decision on the application within the time frame
specified in Chapter 16.07 YMC, identifying any items not in compliance with this chapter, and including any
conditions necessary to achieve compliance. The decision shall include a condition that building permits not be
issued until financial security is provided pursuant to YMC 15.29.060(H).
5. Appeals. The determination or decision of the administrator on any application tinder this chapter shall
constitute an administrative decision subject to appeal pursuant to Chapter 16.08 YMC.
E. Wireless Conditional Use Permit Review. Wireless conditional use permit applications shall be reviewed as
follows:
1. Submittal of Application. An application for a conditional use permit under this chapter shall be submitted
to the 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 YMC Title 16.
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Chapter 15.29 WIRELESS COMMUNICATION Page 299/315
FACILITIES
2. Balloon Tests and Visual Impact Assessment. The administrator shall instruct the applicant on the
requirements for both a balloon test and visual impact assessment. The administrator may provide input on both
the timing of the balloon test and the desired vantage points from which the visual impact assessment will be
based. Both the balloon test and visual impact assessment shall be completed prior to the scheduled public
hearing.
3. Additional Reports and Third -Party Review. The administrator shall have authority to request additional
information and reports from the applicant necessary to facilitate analysis of the proposal, including but not
limited to third -party review in accordance with YMC 15.29.140 and reports, surveys and tests as provided in
this chapter, when the administrator, in his or her sole discretion, deems such additional information necessary
or appropriate to fully assess the impact of the proposal and any reasonable alternatives, to address mitigation
measures identified in SEPA, NEPA or other environmental reviews, to address issues of site screening or other
measures to mitigate impacts upon the surrounding neighborhood, or to address any other impact to the life,
health, safety of persons, or quiet enjoyment of property, identified by the administrator as likely, with
reasonable probability, to result from the proposed project.
4. Scheduling for Hearing. Upon the administrator's determination that the application is complete and in
compliance with filing requirements of this chapter, and that required balloon tests, visual impact assessments
and other required reports have been finalized, 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 YMC Title 16.
5. Hearing Examiner—Procedures—Factors. 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.
F. Wireless Height Variance Review. A wireless height variance shall be processed as follows:
1. Procedures and Applicable Criteria. A wireless height variance shall be reviewed under the procedures
described in Chapter 15.21, except that the hearing examiner shall apply the criteria for review and approval
defined in this chapter.
2. Balloon Tests and Visual Impact Assessment. The administrator shall instruct the applicant on the
requirements for both a balloon test and visual impact assessment. The administrator may provide input on both
the timing of the balloon test and the desired vantage points from which the visual impact assessment will be
based. Both the balloon test and visual impact assessment shall be completed prior to the scheduled public
hearing.
3. Third -Party Review. Applications for variance may also require third -party review as described in YMC
15.29.140.
4. Hearing Examiner Decision. The hearing examiner shall determine whether the proposed variance
complies with the criteria for a variance in YMC 15.29.110, and that the proposed wireless facility complies
with all other standards of this chapter. If the examiner finds that the proposal does not comply with the criteria
for a variance he shall deny the variance and associated wireless facility. If the examiner finds that the proposal
complies with the criteria for a variance and with all other development standards of this chapter, he shall
approve the variance and the associated wireless facility. The examiner may impose any conditions necessary
to ensure compliance with all standards. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A)
(part), 2013).
15.29.130 Balloon tests—Visual impact assessments.
A. ,
hold -a test. The appheaH4 Shall affa-HgO tO fly, _P__ � tefnpor-ai7y mast, a br-iglAly 001off-ped hAlk4k44; tha4_
tov"er, The-, dates (ifieliddifig a see0fid da4e, ifl ease of poor- visibility OR the iflitial date), times ;14;d 1k4r-,;]tik44; k4f thi";
h;]11k4k44; tp";t 4all he-, advp-,44ised by the appliemit sevem; ;14;d �OtH400fl days i4;- ofthp, 444tp,4 dat-
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Chapter 15.29 WIRELESS COMMUNICATION Page 300/315
FACILITIES
Visual Impact Assessment. A visual impact assessment with photo -simulation of the proposed facility is
required for all applications that require a conditional use permit or variance, and may be required by the
administrator for any other application deemed necessary by the administrator to assess visual impacts associated
with such application. As part of such application, the applicant shall furnish a visual impact assessment, which shall
include:
1. Zone of Visibility Map. If a new tower or 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. Photo -Simulations. Pictorial representations of "before and after" (photo -simulations) views from key
viewpoints within the zone of visibility. Guidance will be provided, concerning the appropriate key sites at the
preapplication meeting, as required. Provide a map showing the locations of where the pictures were taken and
distance from the proposed stricture.
3. Description of Visual Impact. 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. (Ord. 2016-029 § 1 (Exh. A)
(part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.140 Third -party review.
Personal wireless service providers use various methodologies and analyses, including geographically based
computer software, to determine the specific technical parameters of their services and low power mobile radio
service facilities, such as expected coverage area, antenna configuration, topographic constraints that affect signal
paths, etc. In certain instances, a third -party expert may need to review the technical data submitted by a provider.
The city may require a technical review as part of a permitting process 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 was selected by a provider. Based on the results of the expert review, the
city may require changes to the provider's application. The expert review shall address the following:
1. The accuracy and completeness of submissions;
2. The applicability of analysis techniques and methodologies;
3. The validity of conclusions reached; and
4. Any specific technical issues designated by the city. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-
051 § 2 (Exh. A) (part), 2013).
15.29.150 Nonuse/abandonment.
A. Notice of 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.
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Chapter 15.29 WIRELESS COMMUNICATION
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Upon such abandonment, the provider shall have sixty days or additional period of time determined in the
reasonable discretion of the city within which to:
1. Reactivate the use of the facility or transfer the facility to another provider who makes actual use of the
facility; or
2. In the event that abandonment as defined in this chapter occurs due to relocation of an antenna at a lower
point on the antenna support stricture, reduction in the effective radiated power of the antenna or reduction in
the member of transmissions from the antennas, the operator of the tower shall have six months from the date of
effective abandonment to co -locate another service on the tower. If another service provider is not added to the
tower, then the operator shall promptly dismantle and remove the portion of the tower that exceeds the
minimum height required to function satisfactorily. Notwithstanding the foregoing, changes which are made to
personal wireless facilities which do not diminish their essential role in providing a total system shall not
constitute abandonment. However, in the event that there is a physical reduction in height of substantially all of
the provider's towers in the city or surrounding area then all of the towers within the city shall similarly be
reduced in height ;,, -til:
3. Dismantle and Remove Facility. If the tower, antenna, foundation, and facility are not removed within the
sixty-day time period or additional period of time allowed by the city, the city may remove such tower,
antenna, foundation, and related facility at the provider's expense. If there are two or more providers co -
locating on a facility, except as provided for in subsection (A)(2) of this section, this provision shall not
become effective until all providers cease using the facility; -cane
4. 11 tl, srmxl.-ccll 1 xc°:. lady is loc°ailed on a utiiidy prole owned by_� pc 4�ndy, thy,,- mill c ll f xcility shall be �ermoved.
horn theUtilndy,,,irole _I1 d jjjj pc is c°Mlsed_to th lrolc as a resrrl4 rtf tic existence and/ot telmoval of the small
cell fac°, lgd, tyre -novidct shall be yes-ronsiWe for A costs oft r� 1��" �Iy�#/on � p-riaceniend of the ��tniity.... carie.
rrtphcn,,, nl d zxliag Vti clone do the -right of way_rs a tesu���_ol'the tcmova� of a shall cell facilid located within a
G ndy ni,hd of�way, grnovnd�,u shall be nespcarn nh�c_�on all costs_a��_ygpczn�� Xnd/ornegrizc.�ztend: of,,,dhe n,n,.:hd of wa
at ca_:
B. Expiration of Approval. At the earlier of sixty days from the date of abandonment without reactivating or upon
completion of dismantling and removal, city approval for the facility shall automatically expire. (Ord. 2016-029 § 1
(Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.160 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.
(Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.170 Vacation of permits.
A. Any 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 exists.
B. Requests to vacate a permit shall be made in writing to the zoning code administrator who shall determine if the
above conditions are present prior to authorizing the vacation. Vacation of any permit shall be documented by the
filing of a notice of land use permit vacation on a form provided by the community development department with
the city. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.180 Violation—Penalty.
Compliance with the requirements of this code shall be mandatory. Any violation of the provisions of this chapter
shall be a misdemeanor subject to the penalties and remedies established in YMC 6.02.050. Additionally, any
violation of the provisions of this chapter, and any installation and/or operation of any stricture in violation of the
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Chapter 15.29 WIRELESS COMMUNICATION
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provisions of this chapter, shall be deemed a public nuisance and violation subject to penalties and remedies
available under state law and city codes. The enforcement actions authorized under this code shall be supplemental
to those general penalties and remedies of Chapter 6.02 YMC and the public nuisance penalties and remedies
available under state law and city codes. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A)
(part), 2013).
15.29.190 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 applicable provision on general variances as contained in Chapter 15.21
YMC; provided, that the relief or exemption is contained in the submitted application for permit or, in the case of an
existing or previously granted permit, a request for modification of its tower and/or facilities. Such relief may be
temporary or permanent, partial or 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
significant effect on the health, safety and welfare of the city, its residents and other service providers. (Ord. 2016-
029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.200 Severability.
a. If any word, phrase, sentence, part, section, subsection, or other portion of this chapter or any application
thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word,
phrase, sentence, part, section, subsection, or other portion, or the proscribed application 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
riled 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. (Ord. 2016-029 § 1 (Exh. A)
(part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013.
The Yakima Urban Area Zoning Ordinance is current through Ordinance#2016-031; effective January 8, 2017
From: Calhoun, Joseph
To: Maxev, Lisa
Subject: FW: Proposed Changes to YMC 15.29 - AT&T Comments
Date: Wednesday, March 13, 2019 2:03:16 PM
Attachments: Yakima - 15.29 Small Cell Track Changes - ATT Comments - 03-13-2019.docx
Please print for YPC
From: Meridee Pabst [mailto:meridee.pabst@wirelesspolicy.com]
Sent: Wednesday, March 13, 2019 10:36 AM
To: Calhoun, Joseph <Joseph.Calhoun@YAKIMAWA.GOV>; Crowell, Eric
<Eric.Crowell@YAKIMAWA.GOV>; Watkins, Sara <Sara.Watkins@YAKIMAWA.GOV>
Cc: Gregg Busch <gregg.busch@wirelesspolicy.com>; Ken Lyons <ken.lyons@wirelesspolicy.com>
Subject: Proposed Changes to YMC 15.29 - AT&T Comments
Good morning,
And thank you for the opportunity to comment on the City's proposed changes to YMC 15.29. Gregg
Busch, copied above, will be attending this afternoon's work session on behalf of AT&T.
We have attached a redline showing AT&T's preliminary comments on the proposed code change.
More generally, AT&T asks that you consider the following comments:
�. Recent FCC Order — AT&T suggests revisions for consistency with the recent FCC Order
governing small wireless facilities ( 83 Fed. Reg. 51867 (Oct. 15, 2018)) and the new shot
clock rule (47 CFR Section 1.6003).
�. Small Wireless Process —The 60- and 90 -day shot clocks applicable to small wireless
facilities make the CUP process impracticable. AT&T suggests an administrative review
process for all small wireless facilities.
�. Small Wireless Provisions Generally— Due to the various differences from macro
facilities (making many macro requirements inapplicable), AT&T suggests separately
codified, specific provisions for SWF application submittal requirements, the applicable
review process, and design standards.
�. Consistency with other federal laws —AT&T suggests updating the code for consistency
with the FCC's rule for Eligible Facilities Requests (47 CFR Section 1.6100). The City's current
modifications sections are based on interim guidance for Section 6409 changes. The FCC has
since adopted a formal rule to govern these modifications.
�. Macro Requirements — AT&T plans to improve its network in Yakima will macro
facilities as well as small wireless facilities. There are significant barriers from the 2013 code
change that AT&T would like the opportunity to discuss with the City in addition to small
wireless provisions.
�. Overall Consistency/Terminology—AT&T suggests comprehensive changes for
consistency in terminology throughout the wireless chapter. Right now, the chapter is
confusing and ambiguous due to overlapping (and unused) definitions and inconsistency in
the use of terminology.
Thank you very much for your consideration,
Meridee Pabst
Vice President, Land Use
Wireless Policy Group LL[
425-628-2660 Direct
Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
Chapter 15.29
MAIN IN11a0-MK/J►iQi111►1[K1NN161 1;1&TOIaINIO R
Sections:
15.29.010
Purpose.
15.29.020
Definitions.
15.29.030
Exemptions.
15.29.040
Permits required.
15.29.050
Application submittal/fees.
15.29.060
Development standards.
15.29.070
Design criteria.
15.29.080
Site selection standards.
15.29.090
Safety and industry standards.
15.29.100
Wireless conditional use permit criteria.
15.29.110
Wireless height variance.
15.29.120
Application review process.
15.29.130
Bf44+on t��—Visual impact assessments.
15.29.140
Third -party review.
15.29.150
Nonuse/abandonment.
15.29.160
Transfer of ownership.
15.29.170
Vacation of permits.
15.29.180
Violation Penalty.
15.29.190
Relief, waiver, exemption.
15.29.200
Severability.
Page 275/315
15.29.010 Purpose.
The purpose of this chapter is to establish general guidelines for the siting of wireless facilities,
[mP1]including towers, antennas and support strictures.
A. Goals. The goals of this chapter are to:
1. Enhance the ability of j+eiz-wireless service providers to provide such services throughout the city
quickly, effectively, and efficiently;
2. Encourage jwf- rw R4 -wireless service providers to locate towers and antennas in nonresidential areas;
3. Encourage pef- rw R4 -wireless service providers to col, -locate on new and existing tower sites;
4. Encourage pe a4 wireless service providers to locate towers and antennas, to the extent possible, in
areas where the adverse impact on city residents is minimal;
5. Encourage �-�w+ -wireless service providers to configure towers and antennas in a way that minimizes
any significant adverse visual impact; and
6. Provide for the wireless communications needs of governmental entities.
Accordingly, the city council finds that the promulgation of this chapter is warranted and necessary:
1. To manage the location of towers and antennas in the city;
2. To protect residential areas and land uses from potential adverse impacts of towers;
3. To minimize adverse visual impacts of towers through careful design, siting, landscape, screening, and
innovative camouflaging techniques;
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Chapter 15.29 WIRELESS COMMUNICATION
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4. To accommodate an increased need for towers to serve the wireless &xs-� needs of city
residents;
5. To promote and encourage col, ftocationFrnst crn Fry=er rather than constriction
of additional single -use towers, and to reduce the member of such strictures needed in the future-,
6. To consider the public health and safety of towers to the extent permitted by the Telecommunications Act
of 1996; and
7. To avoid potential damage to adjacent properties through sound engineering practices and the proper siting
of antenna support strictures.
B. New Uses. All new &-ek��oiirm�LiH4 dis --towers, Is rmill &e4wireless flicdii i sj[MP2],, antennas and support
strictures shall comply with this chapter rt + �drti diastl of 9Ni car r°dr+r�) F.
C. Existing Uses. Alltowers and antennas existing on the effective date of the ordinance
codified in this chapter that are not in compliance with this chapter 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 constriction other Ethan modifications MP3 111 rde puoan soaant toS', Lion 64,09(al of the Middle
(l s [ ux R c I i c I n..(J coir (,'t„e atnonAct of 2012 until, 47 CER Section 1.6 100 and routine maintenance
&-a*we , Hiwkff�s on 4eF4ae d�ie,�,-shall comply with the requirements of this chapter.
D. Facilitation of Wireless Service. 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 jw+- w+ 4 -wireless services. This chapter shall not be applied in such a manner as to unreasonably
discriminate between providers of functionally equivalent 1-w+- s +4 wireless services.
E. Conflict with Other Standards. To the extent that any provision of this chapter is inconsistent or conflicts with
any other city ordinance this chapter shall control. Otherwise, this chapter shall be construed consistently with the
other provisions and regulations of the city. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A)
(part), 2013).
15.29.020 oefinitions.J[mMl
For the purpose of this chapter, the following terms shall have the meanings ascribed to them below. Additional
definitions pertaining to the Yakima urban area zoning ordinance can be found in Chapter 15.02 YMC.
"Abandonment” means to cease operation for a period of three heun(hcd sixty,,,,fiveor more consecutive days.
"Administrator" means the director of the city's department of community development and his or her designees.
"Antenna" means -.am unguar al., «1 clIniltrnn��, nadiol'nectuuenc°y ([%T� n udnxtr can, to be o.pc jd Lf,....
OnDuren utnnp; from a fijc location u21!rsuuant to y°CC aeathonizat:ion, I'm the ynnovision Of wireless scnvice. ca��
ayry a nt w ng, li-A..{ t cll is ac n a a l rt nn csrr�ar�a naac rtion�; thn is....t.f . :}.. ..
�i-vn�:..°-d-�c-rna�t-i-�,a-�c:�;-gin= s...��g�unprn�t-;ad�u�a� w =-n�;--��t�ac°t-a+c; cif y •arn tf--
fff+po
se s nwems , +4-4t"' Atte- 4ww� Y .
n7,t;ennu ecf,ari anent" means ec aui anent wits°hes winin:D c abler:;,, rarwer soLirces shelters orccabinets associated.
with an ante,I7na, located at the sante fixed location„,,as the antenna,,,,,, and, when collocate(! tri a stu,ff,ctau e, q, rutOnun,t1c(l,....
of installed at the sannc tinnc as suuc.h antenna.
"Antenna height” means the vertical distance measured from the base of the antenna support structure at natural
grade to the highest point of the stricture 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 stricture's perimeter.
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Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
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"Antenna support stricture" 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 j+et-�w+R4-wireless s w -e-facility within the
city.
�'1[MP511W1.R.011- 1rea�� �4, fF..).+ a + 01+R4-& d, W --ter 4
�:.
4e4g 4t,44 iia pr a al
"Base station is a stn itc nt at a fixe(] location that enables ] GC -lick ns c1 of lthotiz cl wit l ��
,....
Commiinic. at ions between ltsc n c g1t,(t uancnt: and a Cornanunicat ions network. The teen docs not encompass ass.... a tower as
... .... .... ....... ........
defined in thi3 ch alydc i of zn Cc iui �anCnt: assoCiat:ed with a tower.
(.ml "[`hC teraia ii7c°liude3, butt is not ]hnited to, Cgosip-ranei7t assoCiatc(I Mth wits less SCIviCCS 31ach1s p;ntiv atc,,]rI ) a(I x: t:.,...
and _riiblic sal`Ct services a3 well a3 iunlicenSCcl wiiclCss sCivices and fix.ccl wotehcSS SenviCCS sdacb as anicnowavc
...........
bac.khaiul.
.....................................................
(ii The tcrm inchl(les, but is not limitCd to, radio to ansc, Jycrs antennas coaxial of f1bg1_-a1ptic' cablc to ;;til an 111A
badi.a.r—()Wcn sireMics and Coan_uanrable cc11in-11 —cal -r-cali1,
I istt„ibiitcdti7tci717,(x, `.. sterns and sista]] witcless facilities)..:.
(Jim).....]he tcn n inc.11t,(],cs any,stniicWr othci„-t�aaJy_ towel that at file tame the nclevand a _r-)lication is filed with
the S t ate on„_1.(rc !1.. 2,ovennment Linder this sectna)_n_, suu.p �ctits of hoiuses egru.l gncnt d ,Sciibecj,,,_in it at'.!.graluhs (i) throlu�;li
(ii) of ibis scetion that has been teviewcd and av)ail ovc,c3 Lf!1 cn the sitnn rnocess of sander
anc(thcn St ad( of local ic,�D,iulatoiy nevnc w luioc even if the, strtctU1C was ..:not baailt lot the Sole on -rnnnaty yr�an osc of`
iriov,ndnn sluc11 Sii) port.
(lyl l on yrs moses of Section 64 a) of the Mirlrlle t 1Fst Tax Rehel and Job ication Act of` 2012 and 47 CF R
.Sc ct„gon 1 -(J(.. t:h ...dCrrn„does not inclnad _ my StninC.tnnc that at the tunic the rglevant ap lic°ation is filed with the city.....
iun(let this se,e ion, (],ocs nett„s�lrort of hcrits c grail-raitent cleSn tibe(] :..in gr 114x,tD,ia -rhs ;t ii) oi; this, section.
w ,a....na-1--i-1i�-y--n�a ���-rid-win”,t-rri�;-n;E�nrsi-st-aa=wl=�i�w . � ri:�°-c•.,a, tn�a-1, i"iaal-�°-n��=tali-nil-
.�-
aa..w.etnanr thiriad etailrniaettlnEnrtidtt;... r.., . - i�aniottaa..,:ab.....
..-iia �..-hn�f"..1�=K ns -1` y ., Irina, 11 - .�-i�t�ib�- , iia--���d-rv-rt-r....ra-nii�a1-1-�c�•1-1-rr
"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
�nara4is facilities, which shall mean using the least visually and physically intrusive facility that is not
technologically impracticable tinder 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
stricture; (c) "stealth strictures” in which the antenna or other wireless facility component is disguised or concealed
within a structure designed to appear as another stricture (such as a church steeple or 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 s w -e-facilities including any antenna,
support stricture, accessory buildings, and parking aaiawl my-iicat is ria rail aanslllir-
"City” means the city of Yakima.
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Chapter 15.29 WIRELESS COMMUNICATION Page 278/315
FACILITIES
"City property" means all real property owned by the city whether in fee ownership or other interest.
"�Coj-location�[mP61" means the mo;llntnnp; on installing, an antenna facility -«n r lnnc;,,,,,cxnstnnp; stncrc°tame, anti/
on
IIILJ.ilyYiM� a stnarc° 1110 C'rrr tie erose ok' mocrntin 2, on installing, an antenna facility on th z.d.., stncrc.trll,nc l on:., urn -roses of
1.220.i11c rtnonsILMPr rnrc�c tuunscrant to section 64094 r of trhc �Iicicilc G"lass '["ax C�elicl' anti lob G"neation .F1c°t of 201.2
anti -47 (1,�:..`�c Section 1.61 00..,"collocation" °_nic rns-the...-mounting or installation of,,. cam- R4� on� e� mr+ds--
tiansinissiren„c clrr i i ntr on... -tri c np;i�ric srr � �arnt stnr�ctarre fon the ���r rarse of tnansrnittanp anc�/on neceivinp naciio
1'necaaenc° si.�nals fon c°ommarnic°at=ions -ucan rerses.
Frn�an�-�..,�ist-in�g�Fr-ern �in�{�€°-skid-y--1a�a��:...d-n�an-r-t-its-in- .mai✓on n�°� n� .�-n��,w.ii�fn����°�f'-n�.r-
"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" or other temporary wireless L�+mi+n�e-&4+i+v-facility.
"Design" means the appearance of wireless se+v�kLe-facilities, including such features as their materials, colors, and
shape.
"EIA" means the Electronics Industry Association.
"Equipment enclosure" means a stricture, shelter, cabinet, or vault used to house and to protect the electronic
equipment necessary for processing wireless er)+ftfl4e+t t --signals. Associated equipment may include air
conditioning, backup power supplies and emergency generators.
tpa.....w4tm:...a1id- is8ar.n.:...fH#t, e4a44,....nnr 4an.r..r
otla n 8 hae nEt.y....:.w bi b night er1 y ti nt is-oFw4P+e--&vf4k,+41Q k a . n w Fri i Frnnatra.:..naa t;i .s....
�,[mP9114w4-&4 nn a �sf tla pri t �f cif+tragi&-1 n ., tit °.n::t r i ,...a l er a n.:...k ae°ilio n c sr ny .�,:......1:r 4*4ip diB+Isrnd- tcnn�r r vi1 u�&vi n�
"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.
"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.
"Hearing examiner" means the duly appointed hearing examiner of the city.
"Major modification" means a cod, -location or other modification that constitutes a substantial change to an existing
wireless facility or base station as set forth in YMC 15.29.060(A)(2).
"Minor modification on `Eli able Facilities C�.ecFuz st m Pi i "means a cot 4ocation or other modification that does not
constitute a substantial change to an existing wireless facility or base station as set forth in YMC 15.29.060(A)(1).
"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, andennlcl,n ument 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 change -out of equipment for better or more modern equipment. Adding a new
The Yakima Urban Area Zoning Ordinance is current through Ordinance#2016-031; effective January 8, 2017
Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
Page 279/315
wire a =--wig e—provider to a &.e- 1e+m+Hau *4+ms--tower or d o° =site as a col -location is a
modification. A modification shall not include repair and maintenance as defined by this chapter.
L4 ....Fri s Li I: 4w e ---H J*m wi w
Mari e-s-sal=r�ia�an�d �:;
.:. 1�nIk-1-a��;--d���d�---�,�, - ....:w-a-�•�� ��°�4a�--ii�y--��-ranc--86..«-,....�.:... 4:.r.1=�-baui :�.
2.. � , . -4 1-e- : a
�r d i-r-l-ralr-
...............Frr+al...w-nees,s-,er e& 4w..4..ity 4xe44do-�t sd+u€. uF-e... be-F-4han-r1 buiidkqsu(4-41 i. n..i d.....
sew ;-, 4y.....t..4 -, e14% -
"Natural grade" means the topographic condition and level of ground in place for the past five years or more, or the
approved finished grade of land platted through the subdivision process.
�`[mP13]4 eer pr nieal� d nsdl�a€ �n d Iii, 117aini 1i�� F.r:.wl s n # .. 1111 w e acti n 11<°ihtic ice° a¢ wif-i4a...
1)'...ee-e4+oi�He....si1.nn-a44....0V-04�4+R4c dile Fray H:014S44...:, a.:"ia-
4ie
rad.
�`I[MP14]&
ffwialai::iwi11 prprs c 118e Earlit
"Person" means corporations, companies, associations, joint stock companies, firms, partnerships, limited liability
companies, other entities and individuals.
1"e4X11 ireless service incl,,,,,` w a it { i idi s= "wireless facilities" a14- ,+ i-i-i4ei Lused in this 44e
cjq.rshall be defined in the same manner as in 47 USC Section 332(c)(7)(C), as they Hiay gd.,be amended now or
in the future, and includes facilities for the transmission and reception of radio or microwave signals used for
communication, cellular phone, personal communications services, enhanced specialized mobile radio, and any
other wireless services licensed by the FCC and unlicensed wireless services rrcicst„-;;CI,v;nCC....',,,,l;Lord„h;c;t;;tll..c4x;2,;;a..n.y_
services. Usimi licensed. 01 Unhcensccl srrectru ni. inchlciina the arse 01` WiFi. whether at a fixed location of mobile.
lrrov,pcl c cl tcrt h C 1T 11!21i_c.
I"c 1`or tlae ¢�ruri:rarscs r� ` o�na D, sm ffl wh less 1`a °lifltae III fns ;x„t re Of st1'LIctalle that is o1 in, be Use(] in whole
rar rn...grr ksy or 1`or wireline c�rxY tirnicatiOns ciecilic clistri6suitiOn, irf htin,2,, traffic conlroi, n n�1 ,c, Ln sl12.2 1n::....
l�rn ,,d;ron, t2r- for collocation ofsmall wrrcicss 1 acrnitrc , prrOviclecl, slue°h term docs not: inc.hlcic a tiawcr, base station,
b1ur1Gl,r.w.. or electric transmission strructnires.
"Protected areas” are: (a) the area commonly known as the Barge -Chestnut Neighborhood situated within the area
bounded on the west by 36th Avenue, on the north by Summitview Avenue, on the east by 16th Avenue, and on the
south by Tieton Drive-, (b) established federal, state or local historic districts or historic district overlay zones-, (c)
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); (d) sites, buildings,
strictures or objects listed in the National Register of Historic Places-, (e) state and local wildlife refuges, and
permanently protected archeological sites-, and (f) designated areas subject to preservation or protection through
recorded conservation easement.
"Provider” or wrrcIcst,,-t,c,t„Vi.c,c,F.n! tvi(.1 ,............means every corporation, company, association, joint stock company,
firm, partnership, limited liability company, other entity and/or individual that provides �,�w+R4--wireless service
over wireless s iee-facilities.
"Repairs and maintenance" means the replacement of any components of a wireless facility where the replacement
is is r r tal ,nmri a , n sr:r c,,,,,4xa(d.,,,,,�r�ei 2111 to the component being replaced or for any matters that involve the normal
I --
repair and maintenance of a wireless facility without the addition, removal or change of any of the physical or
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Chapter 15.29 WIRELESS COMMUNICATION Page 280/315
FACILITIES
visually discernible components or aspects of a wireless facility that will add to the visible appearance of the facility
as originally permitted.
�`[mP15]1.ate::{ ay Wepr�aat 4H+4,
aata,a..raaa,,l:...:aaw di=re--i-+t4,:e4() °&4++H 4*44wJ-R+fj=)O F:.rl ap pr f -
"Rights -of -way" means land acquired or dedicated for public roads and streets, as further defined in YMC
15.02.020, but does not include (a) strictures, including poles and conduits, located within the right-of-way; or (b)
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.
"Screening" means an opaque fence and/or evergreen landscaping that fully conceals the property it encloses.
"Secondary use" means a use subordinate to the principal use of the property, such as commercial, residential,
utilities, etc.
�`[mP1z]`��-aa°
...�--�°=
"Small 44waaeles,s facilitne '> 1�eans [mP1s]acilitiestflat cocci e4x�°b rl`fire �����cl dpo�7 n�7....47 G [.:.:[� �c.t,cr�7 4 6d;J(;J2
ra�;ai-l-yy-
aatt ala4 8 adil . ,... ,.floc k� ,. dim sly a� 6.. 1 1.,:��aal a::....t*-
all
"State" means the state of Washington.
" Sh LICdaare" nicans a rrole. tower. base statflon- or otben baail(hna- whether of not it has an existimi antenna. that is
LrsC Gl,.,oa to be used for type lrr,ovision of Mrej ss se4;voce.
�`[MP191S f �1*i lal �d.,: a try a te8at�atedaa�� do+....a yrRkA....Rddk+4++11+.
�`[MPzo1 d-�•l�€::° as--irt-i�-rar i , -„ - � �w :a:ya�.F:.a.p. ,...efi�C;�t-1-y--�a�-aalal-i1°-tl-y��;-�°-F-rac-rl�, - , :s..:
aaaana f)kiald, n -r) -w44�ia1-t-4e..€4t-y, nas al oa t.4:.a....b�
81raataa.:..naati ey ata at,1.....t.l-+4
4r1, „ „ ,OtHraaaa . et-i�F:rf-c si-n->-i F—H+em -, 4-oa.:....1 a1 , oa a ral ", .. ate prut�4e . 9 p)tH:J-",
01 thi (: , . .tam, aaaraicr-a ra I e.....itlla Haat a kap:�;a:;�q;�.a.s.�...4ra:....
Fraa aaa isr- r --p=ry-ai tiaa4-a..k.. , i 7-
a °a 1-1::.laa °ity 1r all �aprpr itb sr- litter F.r.a.:.
(4,7ffy.....t.laa ---+F)f)h- °ratio i- a :....:,x-44-4W-4-HH1,A...4; -aaa4;...
` in....sp a a i a aa1 tllaaafrt , . M1=1 it lam; �i.4:.r.p.. eaaaa t 1....
iR
raa-ra-aa-a
prlaaat, at F..ra boy -w t -y- tl- 1,1+e -,L
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Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
Page 281/315
"Tower" means any stricture that is designed and constricted primarily for the purpose of supporting one or more
antennas, including self-supporting lattice towers, guy towers, or monopole towers. p evs' ai-
i�...Rae-p-is-r....affai ¢ -va in � s r; r Fri , r�ai� a e..
��•r��;-�°�il,a�p=�a�-r�--�-rw... ��d-�°-F..r.�.�-t�a�v�°-....d,ardivFrw���°-day-.,,. , eb�--
e. "Tower" also includes any structure built for the sole or primary purpose of supporting FCC -licensed antennas
and their associated facilities.
qua--
[
3
"Unlicensed wireless services" means wnne c ss coin-me4:c-ki-nt+)bn4e-services that operate on public frequencies and
do not need an FCC license.
�`I[MP22]1 IkA...i0WL-4p r adlac° +iw4i8--
pq.. ua,. rt ai c aupri �sd +1* stom.....
4+H
�`[MPz3]Uda y l a &4e a w rr�a & map y cap � is w 4*44 ',-44o7i-h� yrs .,:;--pip-rte;....
r, erd wra ir�r y�ayyrnflss res d ayr; c� s ib , .r srl db gs.p,....
:4.1riy s-44...:� , ifRl:L.,: ay
"Utility pole" means any pole used primarily for the support and provision of lighting and/or transmission of power,
telecommunications services, telephone, cable television, and other similar utilities and related fixtures, whether
located within or outside the public right-of-way. Utility poles are subject to rights of ownership, applicable
franchise provisions, applicable regulation by the Washington Utilities and Transportation Commission (WUTC),
and statutes governing location and relocation.
"Visual impact assessment" means visual impact assessment with photo -simulation of the proposed facility. (Ord.
2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
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 or site satellite services, when
used as a secondary use of the property.
G. Routine maintenance, replacement or repair of a per: d,4 wireless waFv4ce 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 YMC 15.29.060(A).
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Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
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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 pi nso wireless w1tv4ee-facility until thirty days after the
completion of such emergency activity.
I. A COW or other temporary jw+-� rn 4 --wireless facility shall be permitted for a maximum of
ninety daystil, �.ity, or during an emergency
declared by the city.
J. it ie ss, -facilities of the city located upon city property and city utility poles and fixtures.
(Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.040 Permits required.
The following table summarizes the permits required for the various types of -�,�-wireless w facilities that
meet the standards of this chapter:
Table 29-1
Permit Table*
Type of Use
Permit Type
Approval Type
Col-location/minor modification (no
Modification
Administrative (if minor
substantial change)
modification)
Col-location/major modification
Same as New Towers (depending on
Same as New Towers (depending on
(substantial change in height)
location)
location)
New antenna (existing noncellular
Standard Wireless
Administrative
structures, in ;:ill ... kdur,tr+r.4 an<d-
...............
e� rnnerel zoning districts)
New tower (public or city -owned
Standard Wireless
Administrative/Lease
property)
New tower (commercial or industrial
Standard Wireless
Administrative
zoning district, more than 300 feet
from residential or protected area)
New tower (in or within 300 feet of
Standard Wireless if camouflaged
Administrative
residential zoning district)
by stealth
or
Wireless CUP** if not camouflaged
Hearing Examiner
by stealth
New tower (in or within 300 feet of
Wireless CUP
Hearing Examiner
protected area)
Any tower, antennas or modification
Wireless Variance
Hearing Examiner
not meeting standards of this chapter
* Applicable permits include building permits and other permits required for installation.
** Wireless conditional use permit
�+ aell'wirele,s In calla: mad;ted gel � i�„rui hili
.....
/illi ii„'Jii + +;i"Ji iia
2L 1, or other
�+ iwdl aell'wireless "m
...
mill oV the
rx lnt o6. iy unad �J uJi„ i uitI '.7;I.
(Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
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Chapter 15.29 WIRELESS COMMUNICATION Page 283/315
FACILITIES
15.29.050 Application submittall[mP25]/fees.
A. Standard Wireless Application. A complete application shall consist of the following:
1. A complete application form as provided by the community development department.
2. The name, address, signature and contact information of the applicant:
a. If the applicant is not the landowner, applicant shall provide written authorization signed by the
landowner authorizing the applicant to submit for permits on the landowner's behalf. The written
authorization signed by the landowner shall contain a statement and acknowledgement by the landowner
that the landowner shall be deemed a co -applicant by virtue of such authorization.
b. If any applicant or co -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.
3. Evidence that the applicant is an FCC -licensed rel ss service provider or that it has
agreements with an FCC -licensed iess service provider for use or lease of the support
structure.
4. Legal description of the parcel.
5. Site plan, drawn to scale, clearly indicating the location, type and height of the current or proposed wireless
facility, accessory buildings, fencing, trees, landscaping, topographic contours of the site at two -foot intervals,
location of utility easements, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways,
proposed means of access, setbacks from property lines, and all other items required in this chapter.
6. Elevation drawings of the proposed wireless facility, drawn to scale and showing dimensions of the height
and width of the facility.
7. Proposed colors and materials of all components of the proposed wireless facility and of any fencing
materials associated with the wireless facility.
8. State Environmental Policy Act (SEPA) checklist, if required.
9. [mP26]A-..`:'i n<4 s#�w t1Fryr�l askiadiii urasuy,...-1 (ir€ itb.....
10. A copy of the FCC license for the intended use of the wireless te4e,+,: rH+H facilities.
11. Method of proposed illumination, including a lighting plan showing the location of all proposed outdoor
lighting fixtures, including direction and intensity of light, and including manufacturer's "curt -sheets" of all
outdoor luminairies.
12. The location of existing or proposed strictures, trees, and other significant site features intended to
camouflage the facility.
13. A letter signed by the applicant stating the wireless facility will comply with all FAA regulations and EIA
standards and all other applicable federal, state and local laws and regulations.
14. Signed documentation such as the "Checklist to Determine Whether a Facility is Categorically Excluded"
to verify that the wirelesswith the proposed installation will be in full compliance
with the current FCC RF emissions guidelines (non -ionizing electromagnetic radiation—NIER). If not
categorically excluded, a complete RF emissions study is required to provide verification.
15. Applicable fees.
16. Other information for each permit and stricture type as specified in subsection B of this section.
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Chapter 15.29 WIRELESS COMMUNICATION
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B. Application by Permit Type, Structure Type and Location. In addition to the information required for a standard
permit in subsection A of this section, the following information shall be provided for each specified permit type or
structure type:
1. New Towers and Base Stations.
a. A current map and aerial showing the location of the proposed tower and/or base station; a map
showing the locations and service areas of othern�s*rri-wireless service facilities operated by the
applicant in the city.
b. The approximate distance between the proposed tower and the nearest residential unit, residentially
zoned properties, and protected areas.
c. A statement by the applicant that the design of the tower will accommodate cod- location of additional
antennas for future users.
d. An affidavit stating that (1) the applicant and landowner agree they will allow col, -location of
additional pey,o al wireless se4=w�kLe—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 ninety days after abandonment.
e. An affidavit signed by the applicant, landowner (co -applicant), and the antenna support stricture
owners, if different, indicating that:
i. They, together with their heirs, successors and assigns, agree to be jointly and severally responsible
to dismantle and remove the WCF/antenna support stricture and restore the site to its approximate
original prestnucture condition within the applicable time limits set forth in YMC 15.29.150 following
receipt of a letter from the city indicating that the facility is deemed abandoned or in violation of this
chapter; and
ii. In the event a permit is issued pursuant to this chapter, they authorize the city to record such
affidavit or a memorandum thereof with the Yakima County auditor against title to the property for
which the permit was issued.
f. A landscape and irrigation plan showing all methods to landscape, irrigate, and screen the base of new
facilities.
g. An explanation of proposed methods of camouflaging (including stealth if applicable) and how the
proposed camouflaging reflects conditions of the surrounding site and area.
2. Facilities in Residential Zoning Districts and Protected Areas.
a. A statement describing the applicant's effort to first locate the proposed L�ouirni�La �nri--wits l ss
facilities on a government facility, a private institutional structure (such as a hospital or school), or other
appropriate existing structures outside the residential zone or protected area and within a half -mile radius
of the proposed site, and explaining why, based upon valid considerations including physical,
technological, leasing, or other valid constraints, no more appropriate location is available.
b. A description of any existing buildings taller than thirty-five feet within one-half mile of the proposed
tower or antenna which from a location standpoint could provide part of a network to provide transmission
of signals.
c. A statement describing the applicant's effort to first contact the owners of strictures in excess of
thirty-five feet within a one -quarter -mile radius of the site proposed and which from a location standpoint
could meet the ,.al objectives of the facility in the applicant's network. The
statement shall, if applicable, confirm whether the applicant asked for permission to install the antenna on
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Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
Page 285/315
those strictures and whether he or she was 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 strictures.
3. Modification Permitl[MP27].
a. Elevation drawings of the existing wireless facility, drawn to scale and showing dimensions of the
height and width of the facility (this drawing is required in addition to elevation drawing of proposed
facility described under subsection A of this section);
b. kx� 1a8 r 14 ba wa ; 41...+i-w4,40l---d-o....i
daau aahty
c. A computation and description of proposed modification establishing whether or not such
modification constitutes a substantial change in the physical dimensions of the existing facility (if the
application is for modification of an existing facility); and
d. Written authorization signed by the owner of said facility authorizing its modification. (Required if
the applicant is not the owner of the existing wireless facility.)
4. Wireless CUP (Conditional Use Permit).
a. An explanation of proposed methods of camouflaging and how the proposed camouflaging reflects
conditions of the surrounding site and area.
b. A statement from the applicant describing how he/she believes the proposal addresses the criteria for a
wireless conditional use permit prescribed in YMC 15.29.100.
c. A list of owners of property within three hundred feet of the site and their associated mailing
addresses.
5. Wireless Variance.
a. A statement from the applicant describing how he/she believes the proposal addresses the criteria for a
wireless height variance prescribed in YMC 15.29.110.
b. A statement describing the requested variance and why it is needed.
c. A list of owners of property within three hundred feet of the site and their associated mailing
addresses.
C. Applicant to Provide Notice. For wireless conditional uses or variances, the city may require applicant to 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. Applicant shall provide an affidavit that all required notices
have been posted and published as required. Additionally, and without limitation, the city may use any other means
deemed advisable to provide advance notice to the public.
D. Fees. The application for a permit listed above shall be accompanied by a filing fee in the amount set forth in
Table 29-2.
Table 29-2
Application Fees*
Permit Type
Fee
Modification (if minor)
$300.00
Modification (if major)
$500.00
Standard Wireless
�$500.Od[MP28]
The Yakima Urban Area Zoning Ordinance is current through Ordinance#2016-031; effective January 8, 2017
Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
Table 29-2
Application Fees*
Permit Type
Fee
'+ln,all wireless'5.500.00
.......................................................................
for the first ffi e sinall wirelessfiacilities ilu
...:.................................... ................................ ..................... .................... ......................................................................................................................
the :irnue 111LAication plu,�.s `1100 for e ich t wil.ity
.........
Wireless Variance
$1,500.00
Wireless Conditional Use Pernut
$3,500.00
* Separate fee required for each pernut type associated with application. For an application requiring a
wireless variance and a wireless conditional use pernut, both the variance fee and the conditional use
pernut fee are required.
(Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.060 Development standards.
A. Modifications tj[MP2910 an Existing Wireless Facility or Base Station.
Page 286/315
1. Minor Modification/ll h&JjAc i Xcilttic S Rctforest under 47 CT R Section 1.6100. Any modification of or col,
location on an existing wireless facility that does not substantially change the physical dimensions of such
tower or base station (as defined in subsection (A)(2) of this section), even if it exceeds the underlying
standards of the zoning district, shall be deemed a "minor modification" and shall be administratively approved
under a modification permit.
2. Major Modification. Any modification of or cod, -location on an existing wireless facility that substantially
changes the physical dimensions of an existing wireless tower or base station shall be deemed a "major
modification." A substantial change I[MP30loccurs if:
{m) [ of„ -dowers, -other than towets in type 2l -)I c° nn Dflrts-of way, it inc-lease� the 11-1-1 ,. ofdisc dcrwcn by 11101c lhan
10% on:..ldV disc Fc nft;ht of one additional antenna xrrav wt�jr seer iration from the nearest cxistin�, antenna not to
exceeGl,...twcnty f`ccd, whicLtje,yctl is uDrel cru: 1`or other elft ible Srtyrlydtt st„dttcttttc,s, 1t tt7c.p„ tSe3 t, u,( hen,:D,1rt Of the
Sitnctme by mote than 10% or hose than ten feet- whichevcr 13 l�,teater:
(A Chmues in be nuc aSUrc d [`t-om the ( ' 2,ina� Sttfrpron�t Sdn�tteta�n�e in easc3 whcn�e deyrioyl1tcnts..arne.....
Ot,,,will be st r) zt tdt d 9lortaontz,11y 'S LLLp_as on bUildill s 100f dopa;: in others ci1CL1111StaneeS, Chan ,e3 in hei. htr
shouu d be lneasnrcd from the dimensions_Of the tower Or base station, inelttsive Of o it�.in ally w -rovc(l
zlrlrn n nrcc3 and my lnddi fl tions that wt re aprprroved putiot d0 the -)asc.. Ol the....:`�grCC 1,1lrt llct;....(1°ebr�rary.....
(H) fottowets Other than towets in the �ttblic. 11ahts „cel wxy, id involve3 addinl� to ayrprntd:cnanc°e to the body of`
the tow,(t that „wdnld Fr olm(le ftduxl_[Ihe t dit;c ol` the drawer more than twenty feed, Or mote than dhc width of
dhc tow,(1 Sttn(°,Q,nre at the level trNhe, d -r rrtrtenanee whichever 13 .D,rcadct. for other e11 D,tbIc U.frfdtd- dtrtcdatp„es it
involve xddtg7,2, in a -r ntrtenance to tau,( ba�(1; ol`dhe Stactc°dare that would rrottnde 1`rorn the ed De ol`the Sdtnetnrc
by 1nore than six feet:;
(mmm) f.o.l xny cln, 6blc Sir r -)Oil Sttucdnrre it: involves installation Of` 1nore than the st:andatd number of new
clrlg, rrnend eabined3 1`or the teehnolo:Dy,,,involve(] brrt,not to cx.,ceed foot c.lhiaed3; ot.....ioi tow,(ts to t,h.e -rnblic
ntl,hds o[` way and base stations, it: involves installation Of any new eclniyrinent cabinets On d:he l23OUnd iftheic
rte nd-prre ex.iSt1171D fD,IOUnd c. binets ssociate(] with t�u,e Sdtnc,darre, of-( else involves installation ol...:D;rcr�l
cabinets that tt„( tnotc,,_than lQ%a l n.2,cr in hciaht Ot Ovetall Vdlnlne than at other 41OUnd cabinets associated.
wtdh tli S1111C .au
0) h �E rill iii excavation of do rlcr lncnt orrdsidc the cnrreillSitc-
�y It wdnld dcfead d:hc edncctrhnent elements Of` t -he -C-1 tfal- Strfrfrdrt sdtncdttrc:; of
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(`m) ft cf.ocs not cotnpl with conditions associate(! witrh the sitrnn�y�rnlov ai ofthe conStrUction of nio(lifnc ation...
of the of nf�,ihie SL1J) rant StrLI 1111 of Eras , ! atnran G„�atiyrmend:, turovic�ecf however that this iianitadion does not akr y
to any nio(lrfrcation that is non compliant only in a manner that woatic� not exeeecf the dhreshoic�s icfendif`iecf.
pff......(i throra D .i.�:(...
”
d ad �b 1 prpr a s i s E i p�- 1f hlp f a pr
aa�t"ta•rt��a�y--c--�:a�l--d-i-�:r-.�a;:....�ds ,....f` i -a -thaw �i4�aFra7-�1=-a-c°-yam-Hca..... , , fa:,4..�.a:,a.�.
4e -,14+W4 --d s °*a t- -4 w ,,-44W4 ter; gra F rI+LAAy _4+ia. & ca e ,.... a, .a.:...
�M
3. Major Modification—Required Permits. A major modification shall be processed tinder the same permit
types as new towers located in the same zone and area. (See Table 29-1, Permit Table. (o I Til � 1) I ", )
B. Cof f �,ocation Capable—New Structures. To reduce the number of antenna support strictures needed in the city
in the future, the following standards apply to new towersba�da:
1. Requirement and Waiver. New proposed support strictures shall be designed to accommodate at least two
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 if such design is not feasible for
aesthetic reasons, or necessary to preserve camouflaging or stealth strictures in residential or protected areas;
or provided, that the applicant, in writing, demonstrates that the provisions of future shared usage of the tower
is not technologically feasible or creates an unnecessary and unreasonable burden, based upon:
a. The kind of wireless site and stricture proposed; or
b. The number of existing and potential licenses without wireless tra4is facilities
spaces/sites; or
c. Available space on existing and approved towers or other appropriate strictures.
2. Owner Certification. The owner of a proposed tower, and his/her successors in interest, shall either:
a. Provide a written statement affirming that a master license agreement with another wireless provider
or providers exists stating mutually acceptable terms and conditions for col. -location for wireless facilities
on the tower and site; or
b. Provide a written statement affirming that the owner and owner's successors will negotiate in good
faith for the col location and shared use of the proposed tower by other wireless service providers in the
future, and shall allow shared use of the tower if another „-service provider
agrees in writing to pay reasonable charges. The charges may include, but are not limited to, a pro rata
share of the cost of site selection, planning, project administration, land costs, site design, constriction and
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Chapter 15.29 WIRELESS COMMUNICATION
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maintenance financing, return on equity, less depreciation, and all of the costs of adapting the tower or
equipment to accommodate a shared user without causing electromagnetic interference.
C. Co.1 l E,ocation Encouraged—Existing Strictures. To minimize adverse visual impacts associated with the
proliferation of towers, col, -location of �,�w+R4--wireless se ee--facilities on existing towers and structures is
encouraged as follows:
1. Co! location is permitted by right under a modification permit, unless the modification constitutes 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 2012/4 7 (A,
R Section 1.6100 '. Changes to tower height that constitute a "substantial
change" as defined by subsection (A)(2) of this section are subject to all provisions applicable to new towers
and base stations described in this chapter.
2. The city may deny an application to constrict new facilities if the applicant has not shown by substantial
evidence that it has made a diligent effort to mount the facilities on a suitable existing structure or tower within
one aK ci,�„4x114„,t,,,-mile of the proposed facility.
3. All wireless service providers or lessees or agents thereof shall cooperate in good faith to accommodate
cod location with competitors.
D. Required Parking. Adequate parking shall be required for maintenance workers.
F. I[MP311:1.' ia0H4c�4 /'4....¢m -k i.....d & i :w - ry
k ai&H—ee . a....¢ -k�i.....d�;#
F. Facilities in or within Three Hundred Feet of Residential Zone or Protected Area. The following standards
apply to wireless facilities within residential zoning districts, and within three hundred feet of residential zoning
districts:
1. Due Diligence Requirements. Applications to place antennas and towers in residential zoning districts or
within three hundred feet of residential zoned districts shall demonstrate that the requirements of YMC
15.29.050(B)(2) have been met.
2. NEPA Requirements t, r ri itlt_wc°oraturfly wok r_xii, r rine°4abie Jll I” i acc ��naeratca7t ¢ a a a�
kaei1- r. � 4.a....4� 4+ao: F ana jai t d:... a abii h w a1w .; a�a ,
4oe44 =gist ....wii:aaict iai t i li dai
i
�a....tc
a_4 -9i,,,
iae�� 4aa� ai1� iaiara rair{ !� t wci F:.aa�....:W......
3. Certificate of Appropriateness Required. New wireless facilities, and any modification to existing wireless
facilities that constitutes a "substantial change” pursuant to subsection (A)(2) of this section, proposed to be
located in a local historic district, historic district overlay, or other protected historic site, listed in the city of
Yakima registry of historic places, require a certificate of appropriateness from the Yakima historic
preservation commission in accordance with the procedures set forth in Chapter 11.62 YMC prior to the
issuance of any permit for the constriction, installation or major modification of wireless facilities in such
areas.
G. Building Permits Required. Issuance of wireless facility permits under this chapter shall authorize issuance of
any necessary and appropriate building permits to accomplish such modification, subject to compliance with
applicable permit requirements and fees. Applicant shall submit complete applications for all other constriction
permits necessary to accomplish the constriction.
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H. l c°m a y-1 c b appi..a i ::4:.r ai ..a4'isaa-H.....fa
fintancial itts�rtinri in ar; cla¢tabll tsar ¢lx.....eitny-in an a-niowiA.su4i 4emn"() ieimbwL,e....A €Lo sf.....as..soekiw.d-wi¢:h.....laciii
=-n iy.
I. i 10 !as Small iWitcicss Facilities.
I. Small e4lwitcless facilities tisk--located on a new pole inowsi(lc of the l)ublic right-of-waV
nok shall ta-n conform to the des4m
criteria of YIVM
2. Small e4lwiti li ss facilities installed on new polesv e-«tr�,4+,k 1±�, 4ila11y k na tt t�¢ shall
only be permitted if the applicant can show that the small e4lwitcless facility cannot otherwise be installed
on an existing /tcprlacemctxt pole or streicture, wht tla in the ptiiblic right-of-way,...tniv iry—
within the area that the small e4lwitcless facility is nronosed to serve.
3. Small e4lwitcless facilities located in the public t tLf -w, rfl,:Dht of -\ ,.qy, whether on an
existin Ocr-Jaccmcnt utility pole or on a new structure, shall comply with the s4e
YN[(175-�,) *,) �I f()1lowin.2:
a. Small e4lwitcli ss facilities placed in the public right-of-way shall not obstruct bicycle, pedestrian, or
vehicular access where access currently exists or is proposed to exist in the fixture.
b. Small e4lwitcli ss facilities placed in the public right-of-way and/or on public structures shall require a
franchise agreement, master license agreement, or other legally -binding, contract if the city deems
ap��rl rate.
c. Permitting small lwitcicss facilities on city -owned infrastructure including street lights and traffic
signals shall be determined by the director of public works.
,l Small e4lwitcless facilities may be modified under the modification procedures of YMC 15.29.04-620
j:ALL(Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.070 Design criteria.
A. All witcless facilities except small &e-1 Mreless facilities ( which ate subiect to ` Ubsecdion (13) below). kw-4c�l
witlxin bB lat aaf may or o� 4 4- 1 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. Except as otherwise set forth below, setbacks for facilities shall comply with the setback
requirements of Chapter 15.05 YMC and Table 5-1.
a. Right -of -Way Setback Exception. The setback requirement is not applicable if the antenna and antenna
support stricture are located in the city right-of-way, j ideal-tht• awe*n-a .°b at�i € id Hca s
b. Protected Areas. In protected areas or where a proposed tower is on property abutting a protected area,
towers shall be set back from all property lines a distance equal to one hundred ten percent of tower height as
measured from ground level.
c. Residential Zoned Districts. In residential zoned districts or where a proposed tower is on property
abutting a residential zoned district, towers shall be set back a minimum of one-half the tower height.
d. Minor Modifications. Any expansion of a base station or extension of height of an existing wireless
facility that constitutes a minor modification shall be considered in compliance with the setback requirements
previously approved for the existing wireless facility.
e. Existing Wireless Facility on Established Lot—Exception. The setback requirement is not applicable if
the antenna and antenna support stricture were constricted, or application for such constriction vested, on a parcel
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Chapter 15.29 WIRELESS COMMUNICATION
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created pursuant to RCW 58.17.040(8) prior to the effective date of this code. Wireless facilities constricted on and
after the effective date of this code on parcels created pursuant to RCW 58.17.040(8) are subject to the setback
requirements.
2-2. Tower and Antenna Height. The maximum height of a wireless facility is as follows:
a. In or within three hundred feet of a residential zoning district or protected area, no wireless facility
shall exceed the height allowed by the underlying height limitation for the zoning district in which the
facility is located, except that if the facility is camouflaged by stealth pursuant to subsection 8 of this
section, the maximum height is sixty feet.
b. In CBD and B-1 zoning districts, the maximum height is sixty feet.
C. In all other zones, the maximum height is one hundred ten feet.
d. l�aaia&& is b �i i� oaf1rda8igi dims; db
...:�t-flay-a�,-4ati�ai�,..dFr �-•d 81a � ��-ra+�-r�
e. Strictures that exceed the above height limits may be permitted by variance pursuant to the &4
.wi.1c,Le,ss height variance provisions of YMC 15.29.110.
24. Color. Towers shall have a dark color such as forest green, charcoal or dark brown, depending on the
surroundings or background, %0i ccli 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.
34. 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.
4�. Fencing and Security. The antenna support structure shall be secured against unauthorized entry. A well -
constricted wall or wooden fence not less than six feet in height from the finished grade shall be provided
around each pi-i,*H+0 wireless s�n-ee-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 dense
vegetative screen at least eight feet in depth along all visible portions of the fence.
54. Anti -Climbing Device. All support strictures shall be fitted with anti -climbing devices, as approved by
the manufacturers.
6-;. Camouflage Requirements. All new towers and base stations, and major modifications to towers and base
stations, must be camouflaged as defined by this chapter. Appropriate camouflaging is determined on a site-
specific basis, taking into account existing strictures and natural features both on and surrounding the site.
When considering surrounding features that the facility is designed to reflect, nonconforming strictures shall
not be Considereda<�s s1aatu�t�c s s &;tafiky 1&is scrk-tk;o8 q rst-�t �i&y
sue4o*s; () hwa- 4°s -s-4
In[MP33]all zones, towers shall be camouflaged using the
least visually and physically intrusive facility that is not technologically impracticable under the facts and
circumstances. Camouflaging for new towers and base stations shall include the following:
a. Landscaping. Landscaping is an element of camouflage. Landscaping, as described herein, shall be
required to buffer js-�w+R4--wireless s w -e-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.
If the antenna is mounted flush on an existing building, and other equipment is housed inside an existing
structure, landscaping shall not be required.
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Chapter 15.29 WIRELESS COMMUNICATION
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b. Buffers. The visual impacts of a �,�w+R4-wireless w facility shall be mitigated through
landscaping or other screening materials at the base of the tower and ancillary strictures. Further, existing
vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or as
a supplement to landscaping requirements. The following landscaping and buffering shall be required
around the perimeter of the tower and accessory strictures:
i. A row of evergreen trees a minimum of six feet tall at planting a maximum of six feet apart shall
be planted around the perimeter of the fence.
ii. A continuous hedge at least thirty-six inches high at planting capable of growing to at least forty-
eight inches in height within eighteen months shall be planted in front of the tree line referenced above
iii. To the extent feasible, the tower or mount shall be placed amongst and adjacent to the drip line of
three or more evergreen trees at least seventy-five percent of the height of the facility.
iv. An automatic irrigation system providing irrigation as needed according to plant type, season and
maturity of plantings.
c. Continued Maintenance. Applicant shall have a continuing obligation to maintain the landscaping
improvements. In the event that landscaping is not maintained at the required level, the city after giving
thirty days' advance written notice may maintain or establish the landscaping and bill both the owner and
lessee for such costs until such costs are paid in full, or may seek enforcement through any available
remedy.
d. Trees—Recording of Conditions. To ensure that trees associated with camouflaging and screening are
preserved, the following note shall be recorded on the property title:
All trees within 50 feet of the wits l ss,d qua 4:is s -facility located on this property,
which serve to screen the Mrel ess_&-c-�e+)4irni�Lai+H-s--facility, shall be retained for the life of
the �eke+)4irni�LiH4 4ios-facility. Screening trees may only be removed if deemed diseased or
dangerous by a certified arborist. Before any trees can be removed a report from the certified
arborist shall be submitted to the City for review and approval. Unless approved by the City,
only that portion of the tree required to remove the hazard can be removed. The City may
require the trees to be replaced by the wirelcss-set vice d ;e-oflat 4..H�H--provider.
74. Stealth Requirements. Any facility in or within three hundred feet of residential zoning district or
protected area must be concealed within a stealth stricture unless otherwise approved through a wireless
conditional use permit. Stealth strictures shall be designed as follows:
a. The stealth camouflage structure or facility must be compatible with surrounding development by
being either similar in height to surrounding strictures or a sufficient distance from surrounding structures
to create a significant visual separation„
b. Stealth designs shall reflect features that are indigenous to the area. , �-,
c. Ttowers designed to look like trees shall be tree types that naturally or commonly occur in the
surrounding neighborhood or district, shall be located within one hundred feet of existing trees, and shall
not exceed the average height of bearby trees by [MP341more than feet; �
. Towers that only add artificial branches, limbs, or other vegetative features while still maintaining
the appearance of a standard tower are not considered stealth designs.
d�Towers designed to look like buildings or strictures must be of a design that reflects local architecture
or stricture types. Towers designed to look like steeples on church shall be of a height and scale
proportional to the building design (other churches in the area can provide examples of acceptable
proportions between the size of the steeple and the size of the church buildings);
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Chapter 15.29 WIRELESS COMMUNICATION
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es. , Ttowers
designed to look like flag poles shall be tapered and have the common dimensions of flag poles, both in
height and girth and shall fly as least one flag on a regular basis.
b444+"s1
fd. After completion of constriction, the antennas, towers and related facilities will be maintained within
the stealth stricture so as to be concealed from view or be viewed as the camouflaging stealth stricture;
and
ge. The administrator may impose other conditions or mitigations reasonably related to such strictures
as warranted by special conditions of the subject property and the type of camouflaging stricture,
including but not limited to additional or supplemental setback requirements, maintenance requirements,
and other measures intended to accomplish the purposes of this chapter and section.
84. Antenna Criteria. Antennas, iiR4tKmp ,iaat4 ceI4 faG4 d IH) -4We4A"hm sit --Wily: w4ily
on or above a stricture 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 for
technical reasons. In no event shall an antenna project more than sixteen feet above the roofline, including
parapets.
c. The antenna, brackets, and cabling 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. Future or multiple installations of antennas shall ensure balance and symmetry when placing
additional antennas on the facade of the building
ed. The antenna maybe attached to an existing mechanical equipment enclosure which projects above
the roof of the building, but may not project any higher than the enclosure.
fes. - bR+44,4fit..�S4l y d ig h a ir8 i Y'he 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 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.
iv. If the antenna is placed on the roof or above the top of a building, it shall provide a minimum
setback equal to the height of the panel antenna from the rooftop edge.
v. Antenna, antenna arrays, and support strictures shall not extend more than sixteen feet above the
highest point of the stricture on which they are mounted. The antenna, antenna array, and their support
structure shall be mounted so as to blend with the stricture to which the antenna is attached. The
antenna and its support stricture shall be designed to comply with applicable building code standards.
The antenna, antenna array, and their support stricture shall be a color that matches the field or trim
color of the stricture on which they are mounted.
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94-4. 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 stricture is attached.
104-. Equipment Strictures. The standards for equipment strictures (base stations) are as follows:
a. Ground Stricture.
i. 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 increased height is necessary to accommodate the
proposed facility and possible cod,•.location.
ii. Ground level buildings shall be screened from view by landscape plantings, fencing, or other
appropriate means, as specified herein or in other city ordinances.
iii. 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 strictures, including building form, materials and color.
b. Roof Mounted Stricture.
i. Equipment buildings mounted on a roof shall be designed to match and be integrated into the
exterior design and materials of the building. Equipment for roof mounted antenna may also be located
within the building on which the antenna is mounted.
ii. Equipment buildings, antenna, and related equipment shall occupy no more than twenty-five
percent of the total roof area of the building the facility is mounted on, which may vary if co.l. location
and adequate camouflage are used. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh.
A) (part), 2013).
B. Small e-41witcless facilities 1 4t re4-Wo-t1- dim jKK 4+9-k-'- gl -ail=--wff i -ok --shall comply with the
following standards:
1. ei hL[MP351 '[`4 aa8ii d he small &e4witcicss facilitics
t�a�---i-h�a�� l-c;�&-=�-1 -rd e-��e-gid-the-- � +��-la�ibd-l�-t4--�� �d�i-�-d la��•w4- ,e�li� .;
(p) 11 utcr� �7dccl r�7 d����t�er 50 1`cct ���_�I, i�7 bci:Dbd i�7 °4LIc1in dbci� 4x�7dc�7�74x of.
(ii} are ma1g11lecl on StrUcdtttcs mai mote dhamt_�dD rctccnd dallct dhan othct aci a�°cnd sdn��c°dt�tcs on
(in (lo not extend cxtsdn on which dhcv ate located to a fie .Oil of tnote than .50 feed: of by tnot
dh an,,,,,40 ductccnd, whichcv�l_x��,tcatct.
2. Size. [MP3614 ala --y Small &&I� Mreless faciliti� will rtrcct the 1`oll<rwlnfD, size limitations: la 11
th , :8c1�w amt-
ldd trc sa al=sttadiatm'' ioR4:, stFrat trre lsa� 44tt.. Ic a
dot tate.... +t , -el: , .d afRl.... ° :4+ -May lei a8e le.....d:l , i tr t w •114-
tx° a a1
Hot ifie44R dk.H e- I �a--b.....at t H...ala;a44-+e..1 M,,e 1....4rstde....at+-
awe +kc •t as &-bead has
l i r d.l.. , , ::tet , 1....a 11 �rl=it mal at t d ball l t w dhit7 an i t y tt a t 4..4-H-E+c-rta-d-baH....d.p4:: :
(l ll.,a�°h antcnna assoc°iadcl widh d:hc cic �lra rttcnt cxclatciin , zssociate l andenna c,cl,t�tgrtncnd,,,, tno,tltotc thrn..
dhtcc CL..!.bi.c,l;�ct 111 y,crl��rn.0
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Chapter 15.29 WIRELESS COMMUNICATION
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�2}.........
All othct...:wil ie......ss...CclUl-anent associated with the S1111CWre, inCILKh.-}D th. wil iCSs CgUil-nnent associated
with the ant nna anc� any prn�e exnstfnf� a socnadec� ecl��ngrrnend «n t�� dn���tafre is no 1notc than 28„CUbic feet in
volaame.
3. Color. The color of the facility, including, both antennas and equipment, shall blend in with the structure in
which it is beine attached to or inteerated with to the extend technically feasible.
4. L,44htim4. Small &41wiicless facilities shall not be illuminated. rrovidcd thad: haminaires are -rermitded on
.............................................
6. Noise. Small lwni.clC. Cs. , facilities, along with their associated xntcnn ..equipment e i -r+ +4-(44-L
�,"o4we,4, shall not generate noise to a degree that then violate YMC 6.04.180. Passive cooling of facilities is
encouraged.
5__ Gar ry..r4l+ige....0 l ua n d All... :.., : ail 4 fie ikidi r r owl ae adia d r .,:gnat-& e ikidi
la��° - +ed,.....
wsl:
8a-�—aaat�•.;;�ad-�-d-
Antennas, brackets, and cabling shall match or be compatible with the color of the equipment, which
shall match , -ran be c,rtlnln al.iblt with the color of the structure it is beim attached to as closely as possible.
7 `~Small wnt,cless facilities„-d,rn a ...n...... w.lrolc„-croruL�rd _ol`the -mblic ri ht-of-wa shall com rly...wntla dh lollownn,;
..
............................................................................................. .
8 Small w t,cless facilities...mou;lpatc,c3_on bn�t-I1i.2� ➢aa�l comprl� with the followiti rc ..nr,�, n nt�..;..
b.,,,,, xxxj.
.................................................................
15.29.080 Site selection standards.
[he...iollow n. �id� selection standard, 4 f� trt__,Iliwiteless f4a6litics exce-rt for small wireless; facilities.
A. Protected Areas. Protected areas are: (a) the area commonly known as the Barge -Chestnut Neighborhood
situated within the area bounded on the west by 36th Avenue, on the north by West Summitview Avenue, on the
east by 16th Avenue, and on the south by Tieton Drive; (b) established federal, state or local historic districts or
historic district overlay zones; (c) 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); (d) sites, buildings, structures or objects listed in the National Register of Historic Places; (e) state
and local wildlife refuges, and permanently protected archeological sites; and (f) designated areas subject to
preservation or protection through recorded conservation easement.
B. Discouraged Areas in B-2 and SCC Zoning Districts. New antennas and antenna support strictures should be
avoided in the following locations within the B-2 local business and SCC small convenience center zones when
possible:
1. Within three hundred feet of residential areas.
2. Within three hundred feet of protected areas.
An applicant that wishes to locate in these areas shall demonstrate that a diligent effort has been made to locate the
proposed nncIcss,facilities on a site, private institutional stricture, or other appropriate existing
strictures more than three hundred feet from residential zoned districts or more than three hundred feet from a
protected area, and that, due to valid considerations including physical constraints, site ...ar,var.ila.b..t.1ity.,....and
technological feasibility, no more appropriate location is available. Such antennas antenna cquntlr-lrtendtowers and
related facilities may be approved by the administrator, subject to the administrator's approval of camouflage or
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Chapter 15.29 WIRELESS COMMUNICATION
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disguise by stealth. Such proposed structures are also subject to the carr(photo-simulation
requirements of YMC 15.29.130 in order to assist the administrator in determining appropriate camouflage and/or
stealth requirements.
C. Priority of Locations. The order of priorities for locating new i+et�,,oai-wirelessse� facilities shall be as
follows:
1. Col-tocation (see YMC 15.29.060(B) and (C)).
2. Industrial zoning districts.
3. Public property (see subsection E of this section).
4. Existing structures—industrial and commercial zoning districts (e.g., buildings, towers, and water towers).
5. Local business district (B-2) and small convenience center (SCC) zoning districts.
6. Residential zoned districts.
7. Protected areas.
D. Site Selection Criteria.
i 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 -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 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.
2.r[MP37j W4+-AiC-¢ 1=ff4lmity k
eIv� ias
��--�a&.i....
E. Siting Priority on Public Property.
1. Order of Preference. 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:
a. 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;
b. 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;
c. Other governmental entities, for uses that are not related to public safety; and
d. Entities providing licensed commercial wireless t4�,+*H+iH+H --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.
2. Subject to City Discretion. 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:
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Chapter 15.29 WIRELESS COMMUNICATION Page 296/315
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a. The facilities will not interfere with the purpose for which the city -owned property is intended;
b. 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;
c. 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;
d. 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;
e. 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. ii c I ss„ -facilities
serving essential government services and other government agencies shall have priority over other users;
f. The applicant must reimburse the city for any related costs that the city incurs because of the presence
of the applicant's facilities;
g. The applicant must obtain all necessary land use approvals; and
h. The applicant must cooperate with the city's objective to encourage col, -locations and thus limit the
member of cell sites requested.
F. Special Requirements for Parks. The use of city -owned parks for �s wi��w,nn� i� s. se+ -w -e-facilities
brings with it special concerns due to the unique nature of these sites. Vhe placement of �Frn wireless s w�i
facilities in a park will be allowed only when the following additional requirements are met:
1. The city parks commission has reviewed and made a recommendation regarding proposed �,�w+R4-
wireless s w -e-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 pet- r +R4 --wireless se- -facilities be allowed in designated critical areas (except aquifer
recharge areas) unless they are co[ -located on existing facilities; and
3. Before j+et-�w+R4-wireless -,,ei:tee-facilities may be located in public parks, visual impacts and disruption of
normal public use shall be mitigated. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A)
(part), 2013).
15.29.090 Safety and industry standards.
A. Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC,
and any other agency of the federal government with the authority to regulate towers and antennas. If those
standards and regulations are changed, then wireless service providers governed by this chapter shall bring their
towers and antennas into compliance with the revised standards and regulations within six months of their effective
date or the timelines provided by the revised standards and regulations, whichever time period is longer. Failure to
bring towers and antennas into compliance with the revised standards and regulations shall constitute grounds for
revocation of permit.
B. Building Codes—Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall
ensure that it is maintained in compliance with standards contained in applicable city building codes and the
applicable standards for towers that are published by the as amended
from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards
and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the
owner shall have thirty days to bring the tower into compliance with such standards. If the owner fails to bring its
tower into compliance within thirty days, the city may remove the tower at the owner's expense.
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C. Vhl4a..::g a r�7 G,or thin x�7 `:. with R Standards. ::.:.Fr ii 1=�....es-riP4'+'u-L�4e rp- e r1e44L(4,H+ii-e-
.).....s ,Hi4�,"s wh4oi4i+ay'H1y4n1pr ve-H1eM', o+....
ei rFras-da�c:..(44*-kF) w -g8 -b dho ;, t a1+ s-fl..14-' w4:
wlaa da pr ae puri a a i.... aka c1
,a11d-VV4 wed as dho daaax....4aaFicha ,.....:pr a�a t.s...4a o a luno ted:
No j+et-�w+R4-wireless service provider or lessee shall fail to assure that its antenna complies at all times with the
current applicable Federal Communications Commission (FCC) radio frequency (RF) emission standards.
9-lassproodas 1.. aa�...: q aqb.. x.g pry.,: :. +444
is e w s a8 e s t h a Fra:...s4R4 {ge....:W44+4 s ...Duty yrs° a r a ss o pss ....y: ra 8
(Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.100 Wireless conditional use permit criteria.
A. Uses Requiring Witeiess Conditional Use Permit. Any wireless facility listed in Table 29-1 as a
.....................................................
wireless conditional use permit (wireless CUP) requires submittal of a wireless CUP application as described in
YMC 15.29.050. Wireless CUPS require a public hearing before the hearing examiner and final approval by the
hearing examiner.
B. Criteria for Granting G4_4 a44 W.pi„cIcss Conditional Use Permit. Before any conditional use may be granted, the
hearing examiner must find that:
1. The proposed use will not be materially detrimental to the public welfare or injurious to the property or
improvements in the vicinity of the proposed use or in the district in which the subject property is located;
2. The proposed use shall meet or exceed the performance standards that are required in the zoning district
the proposed use will occupy;
3. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic
and pedestrian circulation, building and site design;
4. The proposed use shall be in keeping with the goals and policies of the comprehensive land use policy
plan; and
5. All reasonable and practicable measures have been taken to minimize the possible adverse impacts which
the proposed use may have on the area in which it is located.
C. Authority to Impose Conditions. The hearing examiner may impose any conditions necessary to address
identified impacts associated with the proposed wireless facility and ensure that the facility is compatible with
surrounding development. The hearing examiner may:
1. Increase requirements in the standards, criteria or policies established by this title;
2. Stipulate the exact location as a means of minimizing hazards to life, limb, property damage, erosion,
landslides or traffic;
3. Require structural features or equipment essential to serve the same purpose set forth above;
4. Impose conditions similar to those set forth in subsections (C)(2) and (3) of this section as deemed
necessary to establish parity with uses permitted in the same zone in their freedom from nuisance generating
features in matters of noise, odors, air pollution, wastes, vibration, traffic, physical hazards, and similar matters;
provided, the hearing examiner may not, in connection with action on a conditional use permit, reduce the
requirements specified by this title as pertaining to any use or otherwise reduce the requirements of this title in
matters for which a variance is the remedy provided;
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5. 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;, -an(.!..
6. 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 needN:
�ai-k � fid- � -�t--int-a•�.....
.t...i:.a m id y a"'....y:r v 4--PtH'4H ' F r YMk
sE+ , 41+e --w °irv� Fr.+.:....
E. 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. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.110 Wireless height variance.
A. Applicability. A,&4k+4ii:-wit „eles,s„-height variance is required for any major modification to an existing tower,
antenna, or base station or constriction of a new tower, antenna, or base station that requires a height in excess of
height limits defined in YMC 15.29.070(2).
B. Criteria for Granting Wireless Height Variance. The hearing examiner shall have the authority to grant a
variance from the maximum height allowed for a tower, antenna or base station when, in his/her opinion, the
conditions as set forth herein have been found to exist. A wireless height variance is subject to:
1. Compliance with standard wireless permit standards of YMC 15.29.120(D);
2. Standard variance procedures in Chapter 15.21 YMC (not including review criteria); and
3. All of the following criteria must be met:
a. The additional height is necessary to provide adequate service 8 *41i�e :ew,4 F444e-�Iy and no other
alternative is available;
b. A significant portion of the tower and related facilities are screened by existing evergreen trees or
existing structures;
c. Strict application of current height limits would deprive a tower or antenna operator from achieving
the minimum height required to meet the proven �r rnaar a , wit l� ss,,,,need-,
d. The structure for which the variance is requested is in harmony with the general purpose and intent of
this chapter;
1 u n iaa .; tb ra ta.....k4g,4 p+ -i
f. 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;
g. Any visual impacts will be mitigated to the greatest extent possible using camouflage, stealth or
screening as defined by this chapter;
h. 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
i. The variance is the minimum necessary to grant relief to the applicant.
C. Decision. Based upon the information provided by the applicant, the results of the ��visual
impact analysis, and findings of compliance or noncompliance with the criteria set forth herein, the examiner may:
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1. Approve an application for a variance, which may include additional requirements above those specified in
this title or require modification of the proposal to comply with specified requirements or local conditions; or
2. Deny a variance if the proposal does not meet or cannot be conditioned or modified to meet subsection B
of this section.
D. Burden of Proof. The applicant has the burden of proving that the proposed wireless height variance meets all
of the criteria in subsection B of this section. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A)
(part), 2013).
15.29.120 Application review process.
A. Preapplication Meeting. To expedite review of applications, a preapplication meeting with the administrator is
strongly encouraged. The preapplication meeting will help the applicant determine what permits may be required for
his or her proposed wireless facility, what additional information or studies may help in the review of the
application, and what stealth and/or camouflaging techniques might be appropriate for the site. The administrator
may help to identify protected areas and may also suggest vantage points from which a visual impact assessment
should be based.
B. Review for Completeness. The administrator shall review each application for completeness as specified in
YMC 15.29.1050 and n1i,.1? !7 ("[ 1� Section 1.6003..t�..aprpri�+140:.r11—_' r�:..s4R4 a
pica 4.4 -N4 -G' -4n &d -d 4)
aaprprli �t d db p¢a p ap4+ee -e-
aa:.�.,: r1 db .e . , a i °alar ia:,:ai¢j Fra .....
6adia8 awp �hrg aaae
C. [M P39]:. a 4 p a i v c r l cr.a.:...H-I ati+HTI -40 ':
p-4
taxa lel a a aaaa d.a::. ¢a &l a....:.w i#t taal rtl iaa:.�.i dpa ....a., gaac d a4ffliffi4&a aasry1� litia aaa#ap�pal cra:.... a, a -id as
4'°aat-444-4..4aaaba lila atiiFra e+Pay.....�.p
may iiR4ucet ��adudions���c� a�y...4ar-ae9.-Hc 1sst; a*e.t...F..r.14h-e...
tans dike as ar it -0 ad F:.r. uu aidia sa �a.a.:. caty-,,--�;� is + e4f)4, aaRp...a R4....o4L*....+f4,L4 ap=rF4'-,aat-e .....s u
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3. .......: Baa is a aaaadi1 ate...:11 dhbaelriaaatFra wawa. .i.„ al,saae• a waif ..aaalaat lh� b anp a....a asrw:i. ° a,...acdblic aaa waa4ih....
0. I[M P401 Standard Wireless Permit Review. Standard wireless applications apply to all new wireless facilities and
base stations and to major modification of all existing wireless facilities and base stations. Standard wireless
applications shall be reviewed as follows:
1. Administrative Decision. All standard 14leii: wn„e1. ss.s applications shall be subject to administrative
review and decision unless they require an associated wireless conditional use permit or variance as specified in
Table 29-1 or] aNc 29- l '�.
2. Camouflaging/Stealth Review. .1 xc c nt fra,n, sni all ..wii pc ss., l acnpnt e d 1e administrator shall review the
proposed method of camouflaging or stealth against conditions on or surrounding the site as follows:
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a. The administrator shall consider how proposed design of the tower, placement on the site, topography
of and surrounding the site, color, structures on and surrounding the site, and natural features on and
surrounding the site help to blend the wireless facility into its setting.
b. The administrator may require a visual impact assessment as described in YMC 15.29.130 based upon
lines of sight or vantage points identified by the administrator.
c. The administrator shall determine if the proposed camouflaging or stealth reasonably integrates the
wireless facility into its setting. The administrator may impose conditions to ensure that the facility
achieves this objective.
3. Compliance with Standards. The administrator shall review the proposal against all other standards of this
chapter including, but not limited to, height, setbacks, color, design, lighting, landscaping, screening, and co• -
location capacity. If any items are found to be not in compliance, the administrator shall notify the applicant
and direct him or her to either submit within two weeks, or other period of time deemed reasonable by the
administrator considering the scope and complexity of the required revision, revised plans to address the
compliance issue, or direct the administrator to render a decision on the application as submitted.
4. Written Decision. The administrator shall issue a written decision on the application within the time frame
specified in Chapter 16.07 YMC, identifying any items not in compliance with this chapter, and including any
conditions necessary to achieve compliance. 1 iii iiii°arliiiallr&�aa�g; prar�a�d �rk�
iva = �i...kc jai wee udy....ili yiwa�
5. Appeals. The determination or decision of the administrator on any application tinder this chapter shall
constitute an administrative decision subject to appeal pursuant to Chapter 16.08 YMC.
E. Wireless Conditional Use Permit Review. Wireless conditional use permit applications shall be reviewed as
follows:
1. Submittal of Application. An application for a conditional use permit under this chapter shall be submitted
to the 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 YMC Title 16.
2. Bedaff-k�,d-Visual Impact Assessment. The administrator shall instruct the applicant on the
requirements for u:sr fr& aid -visual impact assessment.Ha&y SFr iff)a14 s
["the 4t4r-7k-�1 visual impact assessment shall be completed prior to the scheduled public
hearing.
3. Additional Reports and Third -Party Review. The administrator shall have authority to request additional
information and reports from the applicant necessary to facilitate analysis of the proposal, including but not
limited to third -party review in accordance with YMC 15.29.140 and reports, surveys and tests as provided in
this chapter, when the administrator, in his or her sole discretion, deems such additional information necessary
or appropriate to fully assess the impact of the proposal and any reasonable alternatives, to address mitigation
measures identified in SEPA, NEPA or other environmental reviews, to address issues of site screening or other
measures to mitigate impacts upon the surrounding neighborhood, or to address any other impact to the life,
health, safety of persons, or quiet enjoyment of property, identified by the administrator as likely, with
reasonable probability, to result from the proposed project.
4. Scheduling for Hearing. Upon the administrator's determination that the application is complete and in
compliance with filing requirements of this chapter, and that required tm4lr+ft-t.t-,4ts;- visual impact assessments
and other required reports have been finalized, 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 YMC Title 16.
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5. Hearing Examiner—Procedures—Factors. 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.
F. Wireless Height Variance Review. A wireless height variance shall be processed as follows:
1. Procedures and Applicable Criteria. A wireless height variance shall be reviewed under the procedures
described in Chapter 15.21, except that the hearing examiner shall apply the criteria for review and approval
defined in this chapter.
2. B,44*�n d --Visual Impact Assessment. The administrator shall instruct the applicant on the
requirements for t=ol.l -a 4a4io+*+4.e �4 m4 -visual impact assessment I, 1c_44+=�— Hi m� 4H -gay pr at Fra-
i....:W41--
4e IMse-dB014-44"- a4looa-kls4: visual impact assessment shall be completed prior to the scheduled public
hearing.
3. Third -Party Review. Applications for variance may also require third -party review as described in YMC
15.29.140.
4. Hearing Examiner Decision. The hearing examiner shall determine whether the proposed variance
complies with the criteria for a variance in YMC 15.29.110, and that the proposed wireless facility complies
with all other standards of this chapter. If the examiner finds that the proposal does not comply with the criteria
for a variance he shall deny the variance and associated wireless facility. If the examiner finds that the proposal
complies with the criteria for a variance and with all other development standards of this chapter, he shall
approve the variance and the associated wireless facility. The examiner may impose any conditions necessary
to ensure compliance with all standards. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A)
(part), 2013).
15.29.130 PW4Im*n-4e4,,s--Visua1 impact assessments.
A........:dWio+4+ e, ...: as FaFr� t .i�ai ;dl 1alria atafri ri<r�day�b 4 aaa ars - a84r�7
iaar.i i ,< `i j+ke,*A-4+44i m W a iy gra a€ a r� a d a a s � g .iaa y FriFr�� d 4
...( isR4f.; roc ra ai ; ism a Fr.�.:...Y4444idy Fri ti i.�: - ....t4n a s a l....d .s...
....- .
4a-ai (w , , is b -
r vait4 g a �ro-a th tty. 1fl�c plr9aa i a a ...4 ,, dh at +4-
.....w: - ,
i....4ia*44-+e...y: iw wed -gibe-
yap=rpia�;adi A.. .,a-a-r1-d�,....¢a�a-kip=i....d;�-sk-faa�--i°� �-kFr�;ad--�-prp=r.. �. �ad€�-y--duel-�;•w1 t-�c,d {=�c-rt�a dia�--4-� , ,. apr Fr{ 4 4+e
4 y—Visual Impact Assessment. A visual impact assessment with photo -simulation of the proposed facility is
required for all applications that require a conditional use permit or variance, and may be required by the
administrator for any other application deemed necessary by the administrator to assess visual impacts associated
with such application. As part of such application, the applicant shall furnish a visual impact assessment, which shall
include:
1. Zone of Visibility Map. If a new tower or 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. Photo -Simulations. Pictorial representations of "before and after" (photo -simulations) views from key
viewpoints within the zone of visibility. Guidance will be provided, concerning the appropriate key sites at the
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Chapter 15.29 WIRELESS COMMUNICATION Page 302/315
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preapplication meeting, as required. Provide a map showing the locations of where the pictures were taken and
distance from the proposed stricture.
3. Description of Visual Impact. 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. (Ord. 2016-029 § 1 (Exh. A)
(part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.140 Third -party review.
Pei:4o*m4 w ireless service providers use various methodologies and analyses, including geographically based
computer software, to determine the specific technical parameters of their wits l s,s„-services and 4*W- �w� -t a1-
4"ei: -e-facilities, such as expected coverage area, antenna configuration, topographic constraints that affect
signal paths, etc. In certain instances, a third -party expert may need to review the technical data submitted by a
provider. The city may require a technical review as part of a permitting process 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 was selected by a provider. Based on the results of the expert review, the
city may require changes to the provider's application. The expert review shall address the following:
1. The accuracy and completeness of submissions;
2. The applicability of analysis techniques and methodologies;
3. The validity of conclusions reached; and
4. Any specific technical issues designated by the city. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-
051 § 2 (Exh. A) (part), 2013).
15.29.150 Nonuse/abandonment.
A. Notice of Abandonment. No less than thirty days prior to the date that a pre+-si-neal-�aI sel:vi-ee 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 lit et -se -
,&& hn«,vider fails to give notice, the facility shall be considered abandoned upon the city's discovery of
discontinuation of operation. Upon such abandonment, the provider shall have sixty days or additional period of
time determined in the reasonable discretion of the city within which to:
1. Reactivate the use of the facility or transfer the facility to another provider who makes actual use of the
facility; or
2. In the event that abandonment as defined in this chapter occurs due to relocation of an antenna at a lower
point on the antenna support stricture, reduction in the effective radiated power of the antenna or reduction in
the member of transmissions from the antennas, the operator of the tower shall have six months from the date of
effective abandonment to cod, -locate another service on the tower. If another service provider is not added to the
tower, then the operator shall promptly dismantle and remove the portion of the tower that exceeds the
minimum height required to function satisfactorily. Notwithstanding the foregoing, changes which are made to
jw+- w+ 4 -wireless #&E,44ie-s-which do not diminish their essential role in providing a total system shall not
constitute abandonment. However, in the event that there is a physical reduction in height of substantially all of
the provider's towers in the city or surrounding area then all of the towers within the city shall similarly be
reduced in height arr
3. Dismantle and Remove Facility. If the tower, antenna, -and facility are not removed within the
sixty-day time period or additional period of time allowed by the city, the city may remove such tower,
antenna, 4)*H-d�ca4;-and related facility at the provider's expense. If there are two or more providers cot
locating on a facility, except as provided for in subsection (A)(2) of this section, this provision shall not
become effective until all providers cease using the facility � a r r
The Yakima Urban Area Zoning Ordinance is current through Ordinance#2016-031; effective January 8, 2017
Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
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B. Expiration of Approval. At the earlier of sixty days from the date of abandonment without reactivating or upon
completion of dismantling and removal, city approval for the facility shall automatically expire. (Ord. 2016-029 § 1
(Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.160 Transfer of ownership.
A conditional use permit nuns 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.
(Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.170 Vacation of permits.
A. Any 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 exists.
B. Requests to vacate a permit shall be made in writing to the zoning code administrator who shall determine if the
above conditions are present prior to authorizing the vacation. Vacation of any permit shall be documented by the
filing of a notice of land use permit vacation on a form provided by the community development department with
the city. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.180 Violation—Penalty.
Compliance with the requirements of this code shall be mandatory. Any violation of the provisions of this chapter
shall be a misdemeanor subject to the penalties and remedies established in YMC 6.02.050. Additionally, any
violation of the provisions of this chapter, and any installation and/or operation of any stricture in violation of the
provisions of this chapter, shall be deemed a public nuisance and violation subject to penalties and remedies
available under state law and city codes. The enforcement actions authorized tinder this code shall be supplemental
to those general penalties and remedies of Chapter 6.02 YMC and the public nuisance penalties and remedies
available under state law and city codes. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A)
(part), 2013).
15.29.190 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 applicable provision on general variances as contained in Chapter 15.21
YMC; provided, that the relief or exemption is contained in the submitted application for permit or, in the case of an
existing or previously granted permit, a request for modification of its tower and/or facilities. Such relief may be
temporary or permanent, partial or 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
significant effect on the health, safety and welfare of the city, its residents and other service providers. (Ord. 2016-
029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.200 Severability.
a. If any word, phrase, sentence, part, section, subsection, or other portion of this chapter or any application
thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word,
phrase, sentence, part, section, subsection, or other portion, or the proscribed application 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.
The Yakima Urban Area Zoning Ordinance is current through Ordinance#2016-031; effective January 8, 2017
Chapter 15.29 WIRELESS COMMUNICATION
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b. Any permit issued under this chapter shall be comprehensive and not severable. If part of a permit is deemed or
riled 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. (Ord. 2016-029 § 1 (Exh. A)
(part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013.
The Yakima Urban Area Zoning Ordinance is current through Ordinance#2016-031; effective January 8, 2017