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City of Yakima Planning Commission
PUBLIC HEARING
City Hall Council Chambers
Wednesday August 14, 2013
3:30 pm - 5:00 pm
YPC Members:
Chair Ben Shoval, Co -Chair Dave Fonfara, Ron Anderson, Al Rose,
Scott Clark, Paul Stelzer, Bill Cook
City Planning Staff:
Steve Osguthorpe, Community Development Director/Planning Manager; Jeff Peters, Associate
Planner; Chris Wilson, Assistant Planner; and Rosalinda Ibarra, Administrative Assistant
Agenda
I. Call to Order
II. Roll Call
III. Staff Announcements
IV. General Audience Participation Not Associated with an Item on the Agenda
V. CONTINUED PUBLIC HEARING:
Zoning Code Text Amendments Pertaining to Communication Towers
(This packet is available online at: 1�ywwuwu yalinawa oyfsraeIlan�zin under
Quick Links)
VI. Other Business
VII. Adjourn to August 28, 2013
YaWma
CITY OF Y. ---.IMA
YAKIMA PLANNING COMMISSION PUBLIC HEARING
City Hall Council Chambers
SIGN -IN SHEET
HEARING DATE: Wednesday August 14. 2013
NAME
ADDRESS
ZIP CODE
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E-MAIL ADDRESS
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Yakima Planning Commission Public Hearing Sign -In Sheet — 08/14/2013
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CITY OF YAKIMA PLANNING COMMISSION
FINDINGS OF FACT, AND RECOMMENDATION
Zoning Text Amendment to the City's Urban Area Zoning Ordinance Regarding
Communication Towers
August 7, 2013
WHEREAS, the City of Yakima, hereafter referred to as the "City" pursuant to RCW
36.70A.040 is required to plan under the provisions of the Growth Management Act; and
WHEREAS, pursuant to RCW 36.70A.130(1) the City is required to take legislative
action to review and revise its comprehensive plan and development regulations in
accordance with the Growth Management Act; and
WHEREAS, pursuant to RCW 36.70A.020, goals are set forth to guide the
development and adoption of comprehensive plans and adoption of development
regulations; and
WHEREAS, on April 2, 2013, the Yakima City Council, hereafter referred to as "the
Council" was informed by a group of citizens from the Barge Chestnut Neighborhood
Association that the City's Municipal Code (YMC) Title 15 Yakima Urban Area Zoning
Ordinance contained insufficient regulation to protect residential and historic
neighborhoods from the effects of siting and development of communication towers; and
WHEREAS, also on April 2, 2013, the Council declared an emergency six month
moratorium prohibiting the acceptance of any new applications for the development of
communication towers within the City while the City reviewed its regulatory controls on
siting standard, and set a public hearing for public input on the moratorium for May 21,
2013; and
WHEREAS, on May 21, 2013, the Council held the required public hearing, took
public input on the moratorium, adopted a resolution adopting findings of fact in support
of the moratorium regarding telecommunications towers and facilities, and directed staff
to prepare an appropriate ordinance; and
WHEREAS, on June 24, 2013, the City submitted a draft amendment to its Urban
Area Zoning Ordinance that proposes to establish an new chapter 15.29 Wireless
Communication Facilities, and State Environmental Policy Act (SEPA) Checklist, and
WHEREAS, pursuant to RCW 36.70A, and YMC 15.23.020, the YPC is authorized
to make a recommendation to the Council, for their review, consideration, and adoption
of development regulation amendments; and
Findings of Fact by the City of Yakima Planning Commission regarding an amendment to the City's
Urban Area Zoning Ordinance, YMC Title 15: Communication Towers 2013
WHEREAS, pursuant to City Ordinance #2004-14 and RCW 36.70A.130 (2) the
City followed its adopted public participation program, which included the following:
1. Twenty days of public comment starting June 27, 2013, and ending on July 17,
2013;
2. Posting on the City of Yakima's web site of the draft amendments on June 27,
2013; and
3. Published notice in a local newspaper of general circulation, and issued a press
release to local media on June 27, 2013; and
WHEREAS, pursuant to RCW 36.70A.106 notice of all amendments to the City's
development regulations were sent to the Washington State Department of Commerce
prior to the amendments being considered for adoption; and
WHEREAS, pursuant to the State Environmental Policy Act (SEPA) WAC 197-11
and YMC 6.88, and prior to the Commission's hearing, the City retained its
Determination of Non -significance (DNS) on the proposed zoning ordinance
amendments on July 19, 2013, and
WHEREAS, an open record public hearing regarding the proposed text
amendments occurred on August 7, 2013, where all persons desiring to comment on the
proposed amendments were given a full and complete opportunity to be heard; and
WHEREAS, the Commission following public comment and deliberation reviewed
and revised staff's recommended amendments; and those proposed revisions were
approved by staff; and
NOW, THEREFORE, BE IT RESOLVED by the Commission that, in making the
hereinabove recommendation, that these proposed amendments to the YMC Title 15
Yakima Urban Area Zoning Ordinance have been sufficiently considered, and the
Commission hereby enters the following Finding of Fact:
FINDINGS OF FACT
1. Pursuant to the provisions of Chapters 36.70 and 36.70B RCW the
Commission has the legal authority to make a recommendation concerning
the adoption of official controls that implement comprehensive plans.
2. The Commission held the required public hearing on August 7, 2013, where
the Commission considered that proposed ordinance and suggested various
changes to the draft ordinance which were incorporated and approved.
3. The Commission finds that the proposed amendments will have the following
benefits:
Findings of Fact by the City of Yakima Planning Commission regarding an amendment to the City's
Urban Area Zoning Ordinance, YMC Title 15: Communication Towers 2013 2
a. Enhance the ability of personal wireless service providers to provide
services throughout the city quickly, effectively, and efficiently;
b. Encourage personal wireless services providers to locate towers and
antenna in nonresidential areas;
c. Encourage personal wireless service providers to co -locate on new
and existing tower sites;
d. Encourage personal wireless service providers to locate towers and
antennas, to the extent possible, in areas where the adverse impact
on the city residents is minimal;
e. Encourage personal wireless service providers to configure towers
and antennas in a way that minimizes any significant adverse visual
impacts; and
f. Provide for wireless communications needs of governmental entities.
4. The Commission finds that the City provided timely public participation in
consideration of the proposed amendments, consistent with RCW
36.70A.140, WAC 365-195-600, and its adopted Public Participation
Program Guidelines.
5. The Commission considered public testimony related to the proposed
amendments.
6. The Commission concurs with the retention of Determination of Non-
significance (DNS) that was issued on July 19, 2013, for the proposed
amendments.
7. The Commission members present voted__ to to recommend
approval of the proposed code as set forth in Attachment "A".
8. The Commission's recommendation is consistent with and implements the
City's Comprehensive Plan goals and policies.
RECOMMENDATION
It is for the above reasons that the Commission recommends that Council adopt
the attached Telecommunication Tower ordinance Amendments to the City's
YMC Title 15 Yakima Urban Area Zoning Ordinance with a revision date of
August 7, 2013.
Motion
Based upon the findings outlined above, it was moved and seconded that the City of
Yakima Planning Commission recommends APPROVAL of the submitted Zoning
Ordinance amendments. The motion was carried by a unanimous vote.
Findings of Fact by the City of Yakima Planning Commission regarding an amendment to the City's
Urban Area Zoning Ordinance, YMC Title 15: Communication Towers 2013 3
Benjamin W. Shoval, Chairman
Yakima Planning Commission
Date
Findings of Fact by the City of Yakima Planning Commission regarding an amendment to the City's
Urban Area Zoning Ordinance, YMC Title 15: Communication Towers 2013
t','"OR 'I'l r,
Chapter 15.29
WIRELESS COMMUNICATIONS FACILITIES
Sections:
15.29.010
Purpose.
15.29.020
Definitions,
15.29.030
Exemptions.
15.29.035
Modification of Existing Wireless Tower or Base Station.
15.29.040
Site selection criteria.
15,29.045
Protected areas.
15.29.050
Priority of locations,
15.29.060
Siting priority on public property.
115,29 070
Required submittals and testing
15.29.080
Co -location.
15.29.090
Design criteria.
15.29.100
Permits required.
15.29.110
Inspection requirements,
15.29.120
Non-use/abandonment,
15.29.130
Third party review.
15.29.140
Conditional use permits — Procedures — Conditions for granting.
15.29.150
Conditional use permits — Effect of hearing examiner decision.
15.29.160
Application form.
15 29.170
Filing fees.
15.29.180
Notice of hearing — Conditional use permits.
15.29.190
Reapplication.
15.29.200
Transfer of ownership.
15.29.210
Vacation of permits.
15.29.220
Violation — Penalty.
15.29.230
Relief, Waiver, Exemption.
15.29.240
Severability.
15.29.010 Purpose.
A. The purpose of this chapter is to establish general guidelines for the siting of towers and antennas.
The goals of this chapter are to:
1. Enhance the ability of personal wireless service providers to provide such services
throughout the city quickly, effectively, and efficiently;
1
2. Encourage personal wireless service providers to locate towers and antenna in
nonresidential areas;
3, Encourage personal wireless service providers to co -locate on new and existing tower sites;
4. Encourage personal wireless service providers to locate towers and antennas, to the extent
possible, in areas where the adverse impact on city residents is minimal;
5, Encourage personal wireless service providers to configure towers and antennas in a way
that minimizes any significant adverse visual impact; and
6. Provide for the wireless communications needs of governmental entities,
Accordingly, the city council finds that the promulgation of this chapter is warranted and necessary:
1. To manage the location of towers and antennas in the city;
2. To protect residential areas and land uses from potential adverse impacts of towers;
3. To minimize adverse visual impacts of towers through careful design, siting, landscape
screening, and innovative camouflaging techniques;
4. To accommodate an increased need for towers to serve the wireless communications needs
of city residents;
5. To promote and encourage co -location on existing and new towers as an option rather than
construction of additional single -use towers, and to reduce the number of such structures
needed in the future;
6. To consider the public health and safety of towers to the extent permitted by the
Telecommunications Act of 1996; and
7. To avoid potential damage to adjacent properties through sound engineering practices and
the proper siting ofu� a�u,ti
B., New Uses. All new antennas shall comply with this chapter after the effective date of the ordinance
codified in this chapter.
Comment [1]: The ordinance uses towers and
antenna support structures interchangeably even
though they are two separately defined terms. We
suggest using "towers " more frequently for
consistency purposes,.
C, Existing Uses. All towers and antennas existing on the effective date of the ordinance codified in this 101M,ll
u r r
chapter that are not in compliance with this ordinance shall be allowed to continue as they presently exist, Deleted: antenna sn ffuart structures
but will be considered nonconforming uses. Routine maintenance shall be permitted on existing towers
and antennas, However, new construction other than routine maintenance on existing towers, antennas,
buildings or other facilities shall comply with the requirements of this chapter..
N
1. These standards were developed to protect the public safety and welfare, to protect property
values and minimize visual impact while furthering the development of enhanced
telecommunication services in the city and providing for wireless communications necessary for
governmental purposes. These standards were designed to comply with the
Telecommunications Act of 1996 The provisions 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.
2. To the extent that any provision of this chapter is inconsistent or conflicts with any other city
ordinance this chapter shall control, Otherwise, this chapter shall be construed consistently with
the other provisions and regulations of the city.
3. The city shall approve, approve with conditions, or deny the application in accordance with
the time frames set forth in Title 16 YMC, Administration of Development Permit Regulations,
and in accordance with other applicable ordinances.
15.29.020 Definitions.
For the purpose of this chapter, the following terms shall have the meaning ascribed to them below:
"Abandonment" means to cease operation for a period of sixty or more consecutive days.
6 �nu�ioukl„tg�uti t fta{ aara” �x ", iirulil�b �i:r tfcr � p��AfuwG¢G
meuns Me
�x ..01170 m efms and f 3,a_�r„araPva,�, fJN pap A ,,,& J"oiasppg O fir arv,,,;e .
"Administrator” means the director of the city's department of community development and his or her
designees.
"Antenna" means any exterior apparatus designed for telephonic, radio, data, internet, or television
communications through the sending and/or receiving of electromagnetic waves, and includes equipment
attached to a tower, structure or building for the purpose of providing wireless services, including
unlicensed wireless telecommunications services, wireless telecommunications services utilizing
frequencies authorized by the Federal Communications Commission for "cellular," "enhanced specialized
mobile radio" and "personal communications services," telecommunications services, and its attendant
base station.
"Antenna height" means the vertical distance measured from the base of the antenna support structure at
natural grade to the highest point of the structure even if said highest point is an antenna. Measurement
of tower height shall include antenna, base pad, and other appurtenances and shall be measured from
the natural grade of the parcel at the lowest elevation point of the support structure's perimeter,
0,61
Comment [2]: 1 do not believe the Ordinance
defines the administrative review process
referenced in 15.29.100, which presumably is the
Type (1) process.
"Antenna support structure" means any pole,,extcr,l,,l IlliIkilty lactlx. , vrlticli a c Iciirji,tiil,,r IiI te IIck'.av9 I
sa ippi:it uIt Iit! �.;.'t), telescoping mast, tower, tripod, or other structure which supports a device used in the
Deleted:
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.
"Base station" is defined as a facilityor structure consisting of radio transceivers, antennas, coaxial
g
Comment [3]: balloon tests are outdated,
'.. unreliable and costly. They do not provide an
cable, a regular and backup power supply, and other associated electronics, including a structure that
accurate ortrue perspective forthe tower height or
antenna array. For example, if there is any rain or
currently supports or houses an antenna, transceiver, or other associated equipment that constitutes
wind at all it will skew the test.
part of a base station, and encompasses such equipment in any technological configuration, including
n111 ;:1)11 �„p,�ito oMhik�"��iio
distributed antenna systems and small cells.
Deleted: "Balloon test' means A test fora
reasonable period of time to fly, or raise upon a
temporary mast, a brightly colored balloon, that
is representative in size of the initial antenna
array including all standoffs, at the maximum
height of the proposed tower ,No trees shall be
"Camouflage" means to minimize adverse aesthetic and visual impacts on the land, property, buildings,
removed to conduct the balloon test
and other facilities adjacent to, surrounding, and in generally the same area as the requested location of
such wireless telecommunications facilities, which shall mean using the least visually and physically
intrusive facility that is not technologically or commercially impracticable under the facts and
circumstances, The term includes, without limitation: (a) the use of structures, design, colors,
landscaping and location to disguise, hide, blend, or integrate with an existing structure that is not a
monopole or tower; (b) placement of a wireless facility or component thereof within an existing or new
structure; (c) "stealth structures" in which the antenna or other wireless facility component is disguised or
concealed within a structure designed to appear as another structure (such as a church steeple of
flagpole) or another natural form (su.ch as a tree, rock or other natural feature); in) use rf tell and
t I
j t "f iris a mi6o imPo o "w iui���«��U��
(.,) Placement of a wireless facility or component thereof upon a site where the topography and existing
-- _
Comment [4]: Use of small cells and similar
trees, landscaping, evergreen trees, design, and colors of the facility so that such facility is significantly
facilities that are significantly smaller should be
screened from view or designed to resemble or blend with surrounding natural features.
9 9
recognized as a form o ucamouflage.ww
s�� r t
p�itl�o���U ZE!"W11,521,:lONio� Will", 14 uu
Deleted: d
"Cell site" or "site" means a tract or parcel of land that contains wireless service facilities including any
antenna, support structure, accessory buildings, and parking, and may include other uses associated with
and ancillary to personal wireless services,
"City" means the city of Yakima.
"City property" means all real property owned by the city whether in fee ownership or other interest.
"Co -location" means the placoil is imf of siaiaalturv., "rrid n,,d,atcri urta_i^i;uu'ar'suat,oiro'r,X^stiii;l tow uls antomi,ia
su�r)poa t "'If IIctuIes, tililily I I us, ;tiol Iigt Its, laiulriiI iIq , air ilei bi�� vo Is, oriii7iil,aii stiiir ti fcs nrpm dk,ss of
,mash oth ror nc,4 0sumer. is Saur �, ri, Inmt:,�t wireless service provider a suutq Pier, �rVraC�tair+;p.
"Commercial impracticability" or "commercially impracticable" means the inability to perform an act on
terms that are reasonable in commerce or. indiiStiy s1niidair9s; pa+ i Ian Iililq Ilam ,urea +a,rr.�ulr�,�i I ulI y ui ably
fir, }a r ut.e<mtrca:
or rr,npt,aa k,.,@0; the cause or occurrence of which could not have been reasonably anticipated
or foreseen andh,,at thy, M 11 -in a,,l a°joul , lr +al,ajdiiu the financial v mlailiiy air, efficacy of the
project.. The inability to achieve a satisfactory financial return on investment or profit, standing alone, shall
not deem a situation to be "commercial impracticable" and shall not h,yy i1«r lt'_render an act or the terms of
an agreement "commercially impracticable."
"Conditional use permit" or "CUP" means a process and approval as described in this chapter and in YMC
Title 15, Yakima Urban Area Zoning Ordinance
"COW" means "cell on wheels." A cell on wheels or other temporary wireless communications facility.
"Design" means the appearance of wireless service facilities, including such features as their materials,
colors, and shape.
"EIA" means the Electronics Industry Association,
"Equipment enclosure" means a structure, shelter, cabinet, or vault used to house and protect the
electronic equipment necessary for processing wireless communication signals. Associated equipment
may include air conditioning, backup power supplies and emergency generators.
"Excess capacity" means the volume or capacity in any existing or future duct, conduit, manhole,
handhold or other utility facility within the right-of-way that is or will be available for use for additional
telecommunications facilities,
"Facilities" means all of the plant, equipment, fixtures, appurtenances, antennas, and other facilities
necessary to furnish and deliver telecommunications services and cable television services, including but
not limited to poles with crossarms, poles without crossarms, wires, lines, conduits, cables,
communications and signal lines and equipment, braces, guys, anchors, vaults, and all attachments,
appurtenances, and appliances necessary or incidental to the distribution and use of telecommunications
services and cable television services
"FCC" or "Federal Communications Commission" means the federal administrative agency, or lawful
successor, authorized to regulate and oversee telecommunications carriers, services and providers on a
national level.
"Governing authority" means the city council of the city of Yakima.
5
Deleted: use
Deleted: a rwrsortar wireless service
Deleteda cWt Me try nitoro flhaaoa aria•
Comment [5]: The City should broaden the
definition of co -location to encourage the use of all
existing structures, notjust existing towers..
Deleted: thatlaolaaii
"Governmental entity" means the state of Washington, Yakima County, the city, municipally owned
utilities, and special purpose districts including the school, fire and library districts.
"Hearings examiner" means the duly appointed hearings examiner of the city.
"Modification" or "modify' means, the addition, removal or change of any of the physical and visually
discernable 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 discernable
components, vehicular access parking and/or an upgrade or ,lu vqje out of equipment for better or more ;
modern equlpmenI,.',I ti+Uri:°t"i nol �, 411"�";'vt✓,&d MR lel6SvUe + ik 6l in J, �'' VWv,, «a 6 ' ;k4 v,l 4�V:I'll k:4;?:"l'.rC4Nl k';� (,It Ir e I:M".iy'.91 rdr �4.^� i.1k,iV: kV:°N.i IN;1.. Deleted:Tchangeout " 'urin �nh iGlUVbd[bUU9U6� �
9 P f�'�lon io su n �ry
Adding anew wireless carrier or service provider to a telecommunications tower or
telecommunications site as a co -location is a modification„ A modification shall not include the Deleted:
Comment [6]I This additional) language is 1
replacement of any components of a wireless facility where the replacement is,�.;ull t:lr'i1l:all�, YI lr, „am A pis IIIIII
Co
the component being replaced or for any matters that involve the normal repair and maintenance of a consistent with 15 29.035 and 47 USC 1455(a).
. wimp W ni�iominli a o nl io i ireirio
ad
wireless telecommunications facility without adding removing or changing anything th ll rre.ata W, r[do-all C Gm iN� j t�f�U` ] Tu uiu� �� �Ii roj oitis ug� �
4 ufl+. dila.. n1Vbt VN.rIIQ �QNOVflo,iV,A9 10'b r)( lilt v 3�", 1 du b t'k"I'll, N"k6,� uV(,U � a°�rU it a�r4,°',I,:I tional language is
consistent with 15..29„035 and 47 USC 14551a).
Deleted: identical to
"Mount” means the structure or surface upon which personal wireless service facilities are mounted. "I'°""Ie'll'l'a°°°°°°:
Deleted'�":"'I .
There are three types of mounts: o%1111'111PI'VrVI mPi
' Comment [8]: This additional language is
A. Building Mounted. A personal wireless service facility mount fixed to the roof or side of a consistent with 15.29 035 and 47 USC 1455(a).
building.. ,
B, Ground Mounted, A personal wireless service facility mount fixed to the ground, such as a
tower.
C. Structure Mounted, A personal wireless service facility fixed to a structure other than a
building, such as light standards, utility poles, and bridges.
"Occupy" means to construct, install, maintain, own, or operate telecommunications facilities located
within city rights-of-way The mere passage of electronic signals over, under, or through rights-of-way via
telecommunications facilities owned by another telecommunications provider does not constitute
occupying the rights-of-way.
"Overhead facilities" means utility facilities and telecommunications facilities located above the surface of
the ground, including the underground supports and foundations for such facilities.
"Person" means corporations, companies, associations, joint stock companies, firms, partnerships, limited
liability companies, other entities and individuals..
"Personal wireless service," "wireless service facilities," "wireless facilities" and "facilities" used in this title
shall be defined in the same manner as in Title 47, USC, Section 332(c)(7)(C), as they may be amended
now or in the future, and includes facilities for the transmission and reception of radio or microwave
signals used for communication, cellular phone, personal communications services, enhanced
specialized mobile radio, and any other wireless services licensed by the FCC and unlicensed wireless
services.
"Protected areas" are: (a) established federal, state or local historic districts or historic district overlay
zones; (b) proposed federal, state or local historic districts or historic district overlay zones filed for record
with the federal, state or local agency with jurisdiction (hereafter "pending" historic district or overlay
zones); (c) sites, buildings, structures or objects listed in the National Register of Historic Places; (d) state
and local wildlife refuges, and permanently protected archeological sites; and (e) designated areas
subject to preservation or protection through recorded conservation easement,
"Provider" means every corporation, company, association, joint stock company, firm, partnership, limited
liability company, other entity and individual that provides personal wireless service over wireless service
facilities..
"Repairs and maintenance" means the replacement of any components of a wireless facility where the
replacement iS;§Ub t l-lfi: UY thc, smine as 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 discernable components or aspects of a wireless facility that will d`. tiNr i unirVl
r;ir ,rl,rir J the visible appearance of the facility as originally permittedrea did , 4Y,;d P'n 1.1291JIK RdA( ),
"Rights-of-way" means land acquired or dedicated for public roads and streets, as further defined in
15.02.020, but does not include (a) land dedicated for roads, streets, and highways not opened and not
improved for motor vehicle use by the public; (b) structures, including poles and conduits, located within
the right-of-way; or (c) federally granted railroad rights-of-way acquired under 43 USC, Section 912, and
related provisions of federal law, that are not open for motor vehicle use.
'Right-of-way use permit' means the authorization by which the city grants permission to a service
provider to enter and use the right-of-way at a specific location for the purpose of installing, maintaining,.
repairing, or removing identified facilities.
"Screening" means a continuous fence and/or evergreen landscaped planting that conceals the property it
encloses.
"Service provider" means every corporation, company, association, joint stock association, firm,
partnership, person, city, or town owning, operating or managing any facilities used to provide and
providing telecommunications or cable television services for hire, sale, or resale to the general public.
Service provider includes the legal successor to any such corporation, company, association, joint stock
association, firm, partnership, person, city or town.
Comment [9]: This additional language is
consistent with 15.29..035 and 47 USC 1455(a),.
Deleted: identical to
Deleted: add to
7COTuiuw��d��a ��u" w� u�iJuAII VIIVIIVIIVAiIIVI
mentt [10] This additional language is
consistent with 15 29.035 and 47 USC 1455(ai..
�iDu�eV lOolt[IMM. A iuUluu'u i�V �Vlloiuiu�Vl iom� o i iui iDIU�NJIuAiuUIUU VV VV VVVV VVVVV V VIVIVIVVVVV j
'Small cell" means low -powered radio access nodes that operate in licensed and unlicensed spectrum
that have a range of 10 meters to 1 or 2 kilometers, compared to a mobile macrocell which might have a
range of a few tens of kilometres, Small cell technology accommodates mqa llq d to offtcr2 in as a
means to achieve more efficient use of radio spectrum, Small cells generally reduce the cell size radius,
and place the cell sites closer to each other, resulting in a more densely packed network of smaller cells.
Outdoor small cells include femtocells, picocells, and microcells,,
"State" means the state of Washington,
"Surplus space" means that portion of the usable space on a utility pole which has the necessary
clearance from other pole users, as required by the orders and regulations of the Washington Utilities and
Transportation Commission, to allow its use by a telecommunications carrier for a pole attachment..
"Secondary use" means a use subordinate to the principle use of the property, such as commercial,
residential. utilities. etc.
"Security barrier" means a wall, fence, or berm that has the purpose of sealing a personal wireless
service facility from unauthorized entry or trespass,
"Telecommunications carrier" includes every person that directly or indirectly owns, controls, operates or
manages plant, equipment or property within the city, used or to be used for the purpose of providing
telecommunications services to locations outside the city.
"Telecommunications service" means transmission of information, except cable television service, by
wire, radio, optical cable, electromagnetic, or other similar means, for hire, sale, or resale to the general
public. For the purposes of definition "information" means knowledge or intelligence represented by any
form of writing, signs, signals, pictures, sounds, or any other symbols. Telecommunications service
excludes the over -the air transmission of broadcast television or broadcast radio signals, (facilities
necessary for governmental purposes';. The city shall act on an application within a reasonable period of
time, taking into account the nature and scope of the application. Any decision to ,apps+w r or deny an
application shall be in writing, supported by substantial evidence contained in a written record. The city
shall approve, approve with condition, or deny the application in accordance with the time frames set forth
in specific sections of this chapter, YMC Title 16, Administration of Development Permit Regulations, and
in accordance with other applicable ordinances, N11!0w19,liSandinq 211ly[Ili'ng W the col ItialY" the c4f Shall'
;ft�o,'nyfP dfa o r�i,lay a Vis apafrnixr N rvd 11 t ,PIP apply qNm,wMh'in 90, i6ay�� ut pIc`r q)t "!,q i i,,wIlxch0Ii'w = lf[w,au ron
and 1041 Gfla s ol: it,, ;,!.�,ui)4 cif ,-I hair-cx; location <'applic aiion,
"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.
Comment [ll]: We are working on a definition
for small cells and will provide you further input on
this issue. As a result, we reserve the right to
provide further comments on those other criteria in
the Ordinance applicable to small cells.
�Vuf r� � ��
Comm2nt [12]: This term seems too broad and
ambiguous......
$11 � Ir I"uI�
Comment [13]: This language is necessary to
comply with the FCC Shot Clock rule.
"Tower" means any structure that is designed and constructed primarily for the purpose of supporting one
or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term
encompasses personal wireless service facilities including radio and television transmission towers,
microwave towers, common -carrier towers, cellular telephone towers or personal communications
services towers, alternative tower structures, and the like 'Tower" also includes any structure built for the
sole or primary purpose of supporting FCC -licensed antennas and their associated facilities,
"Underground facilities" means utility and telecommunications facilities located under the surface of the
ground, excluding the underground foundations or supports for overhead facilities..
"Usable space" means the total distance between the top of a utility pole and the lowest possible
attachment point that provides the minimum allowable vertical clearance as specified in the orders and
regulations of the Washington Utilities and Transportation Commission,
"Utility facilities" means the plant, equipment and property including, but not limited to, the poles, pipes,
mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the
ground within rights-of-way and used or to be used for the purpose of providing utility or
telecommunications services.
"Unlicensed wireless services" means commercial mobile services that operate on public frequencies and
do not need an FCC license.
15.29.030 Exemptions.
The following are exempt from the provisions of this chapter and shall be permitted in all zones:
A. Industrial processing equipment and scientific or medical equipment using frequencies regulated by
the FCC..
B. Antennas and related equipment no more than ten feet in height that are being stored, shipped, or
displayed for sale.
C. Radar systems for military and civilian communication and navigation.
D. Wireless radio utilized for temporary emergency communications in the event of a disaster,.
E. Licensed amateur (ham) radio stations.
F. Satellite dish antennas less than two meters in diameter, including direct to home satellite services,
when used as a secondary use of the property.
G. Routine maintenance, replacement or repair of a personal wireless service facility and related
equipment that does not constitute a modificatioin, ;Structural work or changes in height, type or
dimensions of antennas, towers, or buildings are subject to fihe provisions of 15.29.03r,a
Deleted: , provided that compliance with the
standards of this chapter is maintained,.
' Y Comment [14]: Language regarding compliance
with standards being maintained is confusing for an
action that is exempt from these standards..
Deleted:
p Deleted:
9
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 public utility poles and
fixtures.
15.29.035 Modification of Existing Wireless Tower or Base Station.
Pursuant to 47 U.S.0 Section 1455(a), any request from an eligible facility for modification of an existing
wireless tower or base station, which modification consists of a request for co -location, removal, or
replacement of transmission equipment, that does not substantially change the physical dimensions of
such tower or base station shall be administratively processed and approved. This section states
provisions and procedures applicable to (a) requests for modifications that do not substantially change
the physical dimensions of an existing wireless tower or base station, and (b) requests for modifications
that substantially change the physical dimensions of an existing wireless tower or base station
A. Definition of stak>5n(,arntial khan ,"
A "substantial change in the physical dimensions" occurs if:
(a) the mounting of the proposed antenna on the tower would increase the existing height
of the tower by more than 10%, or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed twenty feet, whichever is
greater, except that the mounting of the proposed antenna may exceed the size limits set
forth in this paragraph if necessary to avoid interference with existing antennas; or
(b) the mounting of the proposed antenna would involve the installation of more than the
standard number of new equipment cabinets for the technology involved, not to exceed
four, or more than one new equipment shelter; or
(c) the mounting of the proposed antenna would involve adding an appurtenance to the
body of the tower that would protrude from the edge of the tower more than twenty feet,
or more than the width of the tower structure at the level of the appurtenance, whichever
is greater, except that the mounting of the proposed antenna may exceed the size limits
set forth in this paragraph if necessary to shelter the antenna from inclement weather or
to connect the antenna to the tower via cable; or
(d) the mounting of the proposed antenna would involve excavation outside the current
10
tower site, defined as the current boundaries of the leased or owned property
surrounding the tower and any access or utility easements currently related to the site.
B 6,pphcafioq. Any eligible facility requesting modification of an existing wireless tower or base station,,
which modification consists of a request for co -location, removal, or replacement of transmission
equipment, shall submit an application, on a form provided by the City, for a modification permit. The
application shall include the following:
(1) The name, address, signature and contact information of the applicant, and identification of
relationship to any FCC licensee of the affected facility;
(2) Site plan or schematic drawing showing the current location and dimensions of the wireless
tower and base station, drawn to scale;
(3) Site plan and schematic drawing, drawn to scale, showing the location and dimensions of the
requested modification to the wireless tower and/or base station;
(4) A computation and description of the proposed modification establishing whether or not such
modification constitutes a substantial change in the physical dimensions of the existing facility;
and
(5) Any other information deemed necessary or appropriate by the City to assist in the timely
processing of the application.
C fEa�vi wvAf AppNkoz tto.r Detedrr inatio_n gf ubst ntial Ck� t�,g . Within 45 days of receipt of a complete
application for modification, the administrator shall review and issue a written determination as to whether
the requested modification constitutes (a) a substantial change to the physical dimensions of an existing
wireless tower or base station, or (b) no substantial change to the physical dimensions of an existing
wireless tower or base station. The administrator may request additional information from the applicant or
any other entity to assist in this determination To facilitate expeditious review, the applicant and
administrator, if feasible, will conduct a preapplication meeting.
(1) Moi fcalion ,PermitR,pdxrmg ,of Nou,bstantpall Char.gp. If the administrator determines
that such application establishes that such requested modification does not substantially change
the physical dimensions of an existing wireless tower or base station, he shall issue a
modification permit. Issuance of such modification permit shall authorize issuance of any
necessary and appropriate building permits to accomplish such modification, subject to payment
by applicant of applicable permit fees and compliance with applicable permit requirements.
Issuance of all required permits shall occur within 90 days after receipt and approval of a
complete application for a modification permit. The administrator may impose conditions
necessary to achieve compliance with the provisions of this section.
11
(2) Application Finding of Substantial Change. If the administrator determines that such
application constitutes a substantial change to the physical dimensions of an existing wireless
tower or base station, he shall issue a written decision and deliver such decision to the applicant,
Any modification that substantially changes the physical dimensions of an existing wireless tower
or base station shall be subject to the applicable permit and application requirements of this
chapter,
D. Appeals, The decision of the administrator shall constitute an administrative decision subject to
appeal pursuant to 'Chapter 16.08 YMC,
15.29.040 Site selection criteria.
A. Any applicant proposing to constructs^ lic,wi la°,V^ur shall evaluate �o,asaanablc! <alii�ni:itirre sites within a
axQO boat; radius to determine which site will provide the best screening and camouflaging „nf^^tvt us'r6,@I,o,»ite
i , twin a R.; t Iriru.�al and
„;av tl r err Iru la w���p la�u,a^i ":,I� I� ��r�,l�rwla ',��il� market i�tjli � ;ai�x�,t i�ii�i i;? a i,�ll�li'y
rprffa. G, wruf+, is a_gwr i.Va r. can an aiaa .,,vrpatif� satlsfy�he applicants t�lr ivwoq'k a,a,wu gar :ttr�rru+�Pa,ir a„I¢f,ER`lU��
aaPja w Yr iIf the applicant proposes a site that does not provide the best opportunities for screening and
camouflaging then the applicant must demonstrate a,vitla ,,i�i.,laojtilig evidence why the facility cannot be
located at the site where it can be best screened and camouflaged and why the)aivv,l must be located at
the proposed site I -„insect on IIie ctitcrl , li,�led above. Further, the applicant must demonstrate by
engineering evidence that the height requested is the minimum height necessary to fulfill the i�ppl ;, �iit's,
i wtv,,urk, r,a;;vor.a+tv ;orid/ur cal:wa, ily a.ala�fe r;livn,,,.
B Applications for necessary permits will only be processed when the applicant demonstrates either
that it is an FCC -licensed telecommunications provider or that it has agreements with an FCC -licensed
telecommunications provider for use or lease of the support structure,
C. a. In all zones, location and design of facilities shall r a mriralrly consider the impact of the facility on the
surrounding neighborhood and the visual impact within the zone district. In all zones, towers shall be
camouflaged using the least visually and physically intrusive facility that is not technologically or
commercially impracticable under the facts and circumstances,
15.29.045 Protected areas.
Protected areas are: (a) established federal, state or local historic districts or historic district overlay
zones; (b) proposed federal, state or local historic districts or historic district overlay zones filed for record
with the federal, state or local agency with jurisdiction (hereafter "pending” historic district or overlay
zones); (c) sites, buildings, structures or objects listed in the National Register of Historic Places; (d)
ON
Comment [15]: YMC Chapter 15..13 may be the
more appropriate process.,
�POO m�1°illi°9°�91"v°�i� ��� ��� III n���lh�ll�lll�l�l�111b11l�lll1111111111I
Deleted: an antenna support structure, or
mount an antenna on an existing structure,
A� mu
Deleted: different
Comment [16]: A quarter mile radius is too large
of an area. We proposed 500 feet.
�in�aesniW.�Ifi��y��1������������1
�ot� D
Deleted: on?!a mile
A �IlPWill"'
f Deleted: while prrwviagprog adequateyIllseprvice to
diel t , :I��udi a utas ioii ��'
� Deleted: its funclion in
system,mo
Deleted:
IIS&=410.1"'�fu" uia���'dV'�IYuti,,,li uiitir s8 a ��oul�n�i�'M�111�\ill\111�������������110111\
Comment [17]: The criteria for alternative sites
throughout must consider the full range of factors,
as noted in our proposed language rypllp�pIl p II
I DeleteNds fa��n>�I�umuru���b�IIWVN91lt11t'IIUIV�DIV�
y engineering
p� a� 111111uol6almmi f� t� �v� m�r � � " a,< o im6 IIIII��u1����
Deleted: antenna
�'� � '" " m m �l• m Im
i i O'I!Vu u u iu u�u ut Imu uu m i i i7
Delete9dN:
oit�i ouot0liu a site's
function
1171TrymIIII � ry�m IVU
w
Comment [18]: Small cells should not be
required to demonstrate no adverse impact on
residential property values.. No other type of use is
required to do so. It is also prohibited under federal
law to require the consideration of impacts on
residential property values.
ipi�!� Wuiw r�mm mmuui i u i u m iui ii i illu�i��U
Deleted: Small cell installations and other low
power mobile radio service facilities shall be
located and designed to minimize any
significant adverse impact on residential
property values, Facilities shall be placed in
locations where the existing topography,
vegetation, buildings, or other structures provide
the greatest amount of carnouflagr:.
w.An
Deleted: Oa
r>, 9,L.Iishie,i,l_state and local wildlife refuges, and permanently protected archeological sites; and (e)
designated areas subject to preservation or protection through recorded conservation easement. Except
as provided in 15.29.050, antennas and antenna support facilities are not permitted in or within 300 feet
of any protected area.
15.29.050 Priority of locations.
The order of priorities for locating new personal wireless service facilities shall be as follows:
A. Co -location !Co -locate antennas _>iuf.,'1I colla, and relatedp(juipinien' on existing Jowers,_IiiiilrliuraS,
ryli uclt,ios and c:,thir,;,, facilities sha)l b , .iilri°,rr,=d it ^il r,;,iiiiit; r:'i;sili n i;r r,'f tiir. ;",il"��, ,� r,<,Itl Ipivflecia' d 4ira, )" rii1
a„ tlrRp� uM( lig rA t .a°� , 050 in accordance with 1529.035 and 15 29,080.;
B SmMl cell l Install tlopi� Small cell ai art rt lied _installations shall be allowed in all zoning
districts of the City, except protected areas of, l„ ovid(r d ii, ,� 9 1050, I,m em"ux,p iovirreins, iMRI-Irita
i ul'-Ipait stir ctuiv„,. a ility pnlesstroot1igld'8 buildings walprower u, crit ilnllm s iuuiuAus I line,
rtt e. f,ait;ia°if,ri f t III c on the following structure-% rill ho subject to the conditions stated:
trpe6.,,utifity-Rqle_swithil ptlbtloc_rigtats of-voy,
(a). Only one s inlali_cedllfacility shall be permitted on any streetj!i ,ihit or uflli9y pole,,
(b)sI krtlV µ fR at,utitia.,, located within public rights-of-way shall be located a
minimum of 500 feet apart, or as otherwise approved by the administrator.
(c). Where a utility located upon the support structure (such as a street lighil_or
utility pole),i nc.pii+;, vertical separation between its facilities and the
antenna(s), the structure/pole and antenna may be raised by a mount to
accommodate the minimum separation rr;filuiu, tiac rt;, not to exceed 30
feet. Any additions shall be constructed of similar materials, and shall
have surface treatments which match the color and texture of the original
facility.
(d) Approval of installation upon street li IhI r or utility poles is subject to any existing utility
franchise requirements, applicable standards and rules of the WUTC, and limitations concerning
use of such poles. The City may further require a right-of-way use permit for such installations.
2 Electric transmission towers or a am9iBr4y.frcatl�s gtnG„ tdiblic r hts of -way, Where a utility
located upon the),ol „ctiicaI ission Io=. wt or utility pole,lcya,:l4 d oi,tsldc hriitrlil, rirjlitsg )l of~ay
requires vertical separation between its facilities and the antenna(s), the structure/pole and
antenna may be raised by a mount to accommodate the minimum separation ry."ppilurernnrs , not to
exceed 30 feet, Any additions shall be constructed of similar materials, and shall have surface
treatments which match the color and texture of the original facility. Approval of installation upon
13
Deleted: towers
Deleted: structures
Deleted: antennas,
Comment [19]: The City should broaden the
definition of co -location to encourage the use of all
existing structures, notjust existing towers.
Comment [20]: small cells serve a different
purpose than macro cells and therefore are not an
alternative for macro cell sites.. The Ordinance
should be clear that while small cells are a higher
I priority they are a compliment to macro cells and
not a substitute for macro cell proposals..
Deleted:
Deleted: gole
Deleted: Facilities
"�"I"ham °��iuViiFlllffi
i Comment [21]: We reserve the right to provide `
I further comment on these criteria while we are
preparing additional proposed language for small
cells, particularly the definition of small cell. These
limitations may be problematic depending on the
definition for small cell. i
�II1I731 ,;; 1 .11 1
Deleted: regukes
Deleted: reguirement
�
�uv
Deleted Ra pptrort struloluartt asarlr is a stry„gel f
F t . � I
Delet [III"u� �u �j
ed_
® __� I� IIII
Deleted:
MI��Mu� VIVIIVIVV��
elet ement
street utility poles is subject to any existing utility franchise requirements, applicable standards
and rules of the WUTC, and limitations concerning use of such poles,
C. Public property. Place antennas,,, towers and iolidir d f:wlll1ie s on public property as further described 1n,n„p,,,n uuumpmign iib p r�, ��„r,
in 15.29.060 where such antennas, towers and related facilities are disguised by camouflage measures
Deleted: and
approved by the administrator.
D. Exand fs t t t v t and strucR�pres—llridustrial and commercial zonin dis;(fiwrts, Place antennas,
... g . g. y - _ .ry 9 g
related facilities on appropriate rights-of-way, in the industrial and commercial zoning districts,
where such antennas, towers and related facilities are disguised by camouflage measures approved by
eleted: and existing slruclures, such as
the administrator, . G:a:�91�tfu7ls, towers, and water towers,
E. Industrial zc0i,u7,g dlstllirj Place antennas, towers and related facilities on properties in the industrial
zoning districts where such antennas, towers and related facilities are camouflaged as approved by the
administrator. Antennas, towers and related facilities on properties in the industrial zoning districts,
which proposed antennas, towers and/or related facilities are located within 300 feet from residential
zoned districts, shall be approved by the administrator, subject to camouflage deemed appropriate by the
administrator, Antennas, towers and related facilities on properties in the industrial zoning districts, which
proposed antennas, towers and related facilities are located within 300 feet from a protected area require
a conditional use permit with camouflage deemed appropriate..
F. L.wot".M Business C.�'Ost,C;IC4 (B ) e.Cad �.arge Convenience 4, enter (1,��,,! '�,,g9nIY°Y,C,�.., districts, Place antenna;a��al�..III�������
.. .. _,,,... . ,.. ,,. ...... e� lwum it u��4s ��N; hSviiv9U11�I4�vN;Sibiu4Wl6imP�t �t� 1''nN±1111�WU?P.I N
towers wr�d i+�l,A d �far,ilite~ in districts zoned Local Business District (B-2) and Large Commercial Center OW
Deleted: and
(LCC), subject to the following conditions:
1. Antennas, antenna support structures and towers located within the Local Business District
(B-2) or Large Commercial Center (LCC) districts shall be placed if ica,,,oi n-.dbly possible, no
closer than 300 feet from residential zoned districts and no closer than 300 feet of a protected
area. An application to locate a new antenna, antenna support structure ii d tower within the B-2 T,
1io��
or LCC districts, and more than 300 feet from residential zoned districts and more than 300 feet Deleted: or
from a protected area may approved by the administrator, subject to the administrator's approval
of camouflage.
2, An applicant that wishes to locate a new antenna psi ld antenna support structure or towerr n, m ��,,�
within the B-2 or LCC districts, and within 300 feet from residential zoned districts or within 300 ° .
Deleted:
feet of a protected area, shall demonstrate that a diligent effort has been made to locate the m. _ ....,
proposed communications facilities on a site, private institutional structure, or other appropriate
existing structures more than 300 feet from residential zoned districts or more than 300 feet from
a protected
physical thin a,500
s nt o. i radius of the proposed site, and that due to valid considerations
;D.
�eh M�� a rotected area within a""(1C,Pw �r�g p y stechnological r� iirlii u�1,,u nlfeasibility If ir, l��u!^wNfuButm tiu ;� Ir��g,w�ys eted: quarter-mileal,lY `1f, lyr II l:�... Im• �� �r �i�i� 's f I ^ fmrX, �, w � mq t',,rrdrN0iu1 q wltr+rGy N,gNkj4.,duwroq. s, no moa appropriate location is leted: and
Y
14
available. Such antennas, towers and related facilities may approved by the administrator, subject
to the administrator's approval of camouflage. Such proposed structures are also subject to the
Jrimpact
P ctassessment
requirements
eq ireme nts o 5.29 070 in order to assist the administrator In ��1=211111
determining appropriate te u9 Deleted:
balloon
test
and/or
G t e identi.al xoQ,edI clp,5tr� t . Except for .,r flrrr> atrip¢w ,mJ small cell installations_ permitted in the „.103=
residential zoned districts as set forth In siaLisr m,lions, A aricl B above, applications to place antennas and �I��MI m m���nt °P2]: co-location
proposals b��@
Comment [22]: Co -location proposals should be
towers in residential zoning districts or within 300 feet of residential zoned districts, other than within the encouraged and not subject to these additional
standards.
B-2 and LCC zoning districts as provided in subsection F above, shall be subject to the following �is�o ,IW m�°
conditions: Deleted: subsection
1. An applicant that wishes to locate a new,llm,oA er in a residential zone, or within 300 feet of
residential zoned districts, shall demonstrate that a diligent effort has been made to locate the a
Deleted. antennaa support structure
proposed communications facilities on a government facility, a private institutional structure, or
other appropriate existing structures within a nonresidential zone within a ,mlimi foot radius of the „m v,,,,�liiimmllrm»am»immmmmm„i a „u,,,,,
proposed site, and that due to valid considerations including physical constraints, �echnological
Deleted. t7uu«art�r-mile
ru vinginceiOg feasibility, the ,ava!IaL�iHly o. :7 Ic-ise hascd on 1-3,ts ii, ble I,ali Iri;:7il,,m l hair, rarir.i oiwi „n�iNiii. fom„ »f” f u�
[rnnas, and the,", a bhhhl Ira m'a,.rua> u'flA _,s,uhM tit. afi llpq,ar s tk,,MrrB Ok, +ou�V?�r^a,ag��r.° a nf,'N"o t.9bflj"!k(,¢,Our�P Deleted: and
y ,� y � fit
m; bl rcfivus, no more appropriate location is available.
2, Applicants are required to demonstrate: (i) that they have contacted the owners of structures
in excess of thirty feet within a 500 k m l: radius of the site proposed and which iile t yasibin from a
�
�c;chnicnl_,an I enyilaek� firs+I_ip i sp +,I,lu�� ,air, could meet the coverage/capacity objectives of the
Duet a aquae gts�trterr:aVl�
facility PP ekO P install theantenna on
m
tfrtDeleted:
structures; and (iii) were denied permission of use for reasons other than the ability orrefusal of
locationl)
standpoint
e nt toiiI.o a lair market rate ni Im i ins for use of the alternative structures.
thePP _._. -
IIIiMt
�
The mformatl.re
3 on submitted by the applicant shall include (i) a map of the area to be served
Deleted:�,I�
Aa y
by the tower or antenna, (ii) its relationship to other cell sites in the applicant's network, and (iii)
an evaluation of existing buildings taller than 30 feet, within one-quarter mile of the proposed
tower or antenna which from a location standpoint could provide part of a network to provide
transmission of signals..
4. The proposed antenna, tower and antenna support structure is camouflaged
H. F"rot;pcted ares. �_'u.,lnc ate of h,h lm a antennas, si r all maplls and/oi towers in or within 300 feet of a������
protected area, other than within the B-2 and LCC zoning districts as provided in subsection E above, Deleted: Plac I
subject to the following conditions:
1. Antennas sine ill f nits ancVcq towol, facilities proposed to be located In or within 300 feet of
a �� m l�
an established or pending federal, state or local historic district or historic district overlay, are 1
Deleted. towers
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,
15
in the National Register of Historic Places, (See 16 U.S,C, 470w(5); 36 CFR part 60 and 800.).
Applicant shall comply with applicable provisions of the National Environmental Policy Act
(NEPA), including but not limited to the Environment Assessment provisions of 47 C.F.R,
1.1307, et seq, and comply with any mitigations imposed therein.
2. An applicant that wishes to locate a new antenna support structure in or withir�300 feet of �� �� »��»� ,� �r,
an a protected area, shall demonstrate that a diligent effort has been made to locate the 11 ,f ��dI'VII'IN h�,
Deleted:
proposed communications facilities on a government facility, a private institutional structure, or
other appropriate existing structures or site outside and more than 300 feet from a protected
due to valid considerations including physical constraints,�ochnolra,,i al of W fIAY n�»„ »M ,,,
area an that N�
i yLm,,rn71 olsibiliily, Ilrr, , »,r,il.al,ilii; �rP,Au'i,a�;;,,l,,,a.�M°ri iii it„rsoiira1)1lt lyii livarloi t; fui
es "�1 Delepy�ri�l�ro h�
ic'_mr , ,and thin abl llty toi:,asofi hly tlw al,,Inhcaril l»,1woil, nnvcr,,tqc Ind/ri f•apacil';y
Irl> m 1i nrs, no more appropriate location is available.
3, Applicants are required to demonstrate: (i) that they have contacted the owners of structures
in excess of thirty feet within a.1,100 fond radius of the site proposed and which .+iia kc aril -,I,^ from a
_ .-
w ;iirucrl and,,i ir,iii»r» iiug lai:^i .;Iu: live, ri ir9 could meet the coverage/capacity objectives of the Deleted: one-quarter mile
faci
structures; land (iii) were deniedpermissionof useforreasons other thanthe ability oro refusal of i Deleted: location � r
Y PP O P .a um r dwi
n standpoint
the applicant to ov,p o In a I air market rate ui. inj iris for use of the alternative structures.��l�i» rm„�»�n»»��»�r» r rr,»�U„ r
4. The information submitted by the applicant shall include (i) a map of the area to be served Deleted: pay -
by the tower or antenna, (ii) its relationship to other cell sites in the applicant's network, and (iii)
an evaluation of existing buildings taller than 30 feet, wlthlnai "Ai' 0 trial iadlus of the proposed pri riq i ori») to �r ,�
tower or antenna which from a location standpoint couldii, ly , cilli;. ty #Iri,
Deleted: one-quarter mile
network, _covr i nq , ,and/nr , al. acl, y iklrla.r,ti,r;r,—
b t�� �m f
Deleted: rerada hart »xf a
5. Antennas and towers facilities proposed to be located in an established or pending federal,
state or local historic district, historic district overlay, or other protected area, are subject to ' Deleted: to proWde transmisslm (rl signals
review by the district's or organization's governing body or assigned committee regarding
recommendations for camouflage and landscaped sight -screening elements,
6. The proposed antenna, tower and antenna support structure is camouflaged,.
15.29.060 Siting priority on public property.
A. Where public property is sought to be utilized by an applicant, priority for the use of government-
owned land for wireless antennas and towers will be given to the following entities in descending order:
1. Flu I,,)Iira iigIits rl-vr,ay A nteiaiir;s aIad srn,nlI co, Viii•1:aIf,afl ril,;y,all ir.Iord fro IIliIity rn I (::�s Eaf'Idh,I
alfa ler,rt'u'rofiht4o.ai ii°i_.IC F atua t tNtri RV`uyei ,ai,,u.8aaua,rtV l i,+ruah.ihlGrAafvid_k.r,ra, pei ir_lils ii ,'juiied frri
ins dl afion ,sport i.i9:ilpl a POIeS ,»idhirr , ied ,;ui, h l :atibje(B Airy „)l i,)Mvsl lna Wh e rJg y puraiaw d qra
1M,artujthi lI, Stwp dar3,Nap.dVr,4,r, ar"`„o u fa11a'4,'ho„,r.,ag,fr:,ri,rs,nl„y,r1111llir;,tiIY Comm lt[23]��whil h i"ryo ������IVIIVIIIIIIIII���IIII�����II�II��
ned public
rights-of-way, we suggest it be specifically
designated„
16
', 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;
33. 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;
't. Other governmental entities, for uses that are not related to public safety; and
,5. Entities providing licensed commercial wireless telecommunication services including
cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced
specialized mobilized radio (ESMR), data, internet, paging, and similar services that are
marketed to the general public,
B. The placement of wireless service facilities on city -owned property is subject to the discretion and
approval of lease terms that are ri,ra ,rulirl,ly_acceptable to the city and must comply with the following
requirements:
1. The facilities will not interfere with the purpose for which the city -owned property is intended;
2 al pvvGei s and a nti , i iirri slapparl, ucluiq°s Will have no significant adverse impact on
surrounding private property, or any significant adverse impact is mitigated by screening,
camouflage or other condition required by city;
3. The applicant shall obtain adequate liability insurance naming the city as loss payee and
commit to a lease agreement that includes equitable compensation for the use of public land and
other necessary provisions and safeguards. The city shall establish fees after considering
comparable rates in other cities, potential expenses, risks to the city, and other appropriate
factors;
4. The applicant will submit a letter of credit, performance bond, or other security acceptable to
the city to cover the costs of removing the facilities;
5, The lease shall provide that the applicant must agree that in the case of a declared
emergency or documented threat to public health, safety or welfare and following reasonable
notice the city may require the applicant to remove the facilities at the applicant's expense.
Telecommunication facilities serving essential government services and other government
agencies shall have priority over other users.
7. The applicant must obtain all necessary land use approvals; and
17
ty ���a, iuwfoi �'u�" MIN
n Iw'ii ii]'u' °i' i' i i °iu a w�
Deleted:2
Deleted: 3
Comment [24]: This requirement should not
apply to co -location antennas and small cells since
the City should be encouraging these types of
proposals and they are assumed to have lesser
impacts on the surrounding area.
Deleted: The facilities
Comment [25]: If providers pay rent or franchise
fees, application fees and the cost to construct the
facility, what additional costs will the city incur?
Deleted: 6. The applicant must reimburse the
city for any related costs that the city incurs
because of the presence of the applicant's
facilities
Deleted: ;
Formatted: Indent: Left: 0"
8. The applicant must cooperate with the city's objective to encourage co -locations and thus
limit the number of cell sites requested.
C, Special Requirements for Parks, The use of city -owned parks for personal wireless service facilities
brings with it special concerns due to the unique nature of these sites. The placement of personal
wireless service facilities in a park will be allowed only when the following additional requirements are
met:
1 The city parks commission has reviewed and made a recommendation regarding proposed
personal wireless service facilities to be located in the park and this recommendation has been
forwarded to the city council for consideration and approva�vntfiii rlO days of roco[pt of rv)
,'al7l.+licall .,ni
2.. In no case shall personal wireless service facilities be allowed in designated critical areas
(except aquifer recharge areas) unless they are co -located on existing facilities;
3. Before personal wireless service facilities may be located in public parks, visual impacts and
disruption of normal public use shall be i1cw,.oi ably mitigated;
4. Personal wireless service facilities may be located in public parks that are adjacent to an
existing commercial or industrial zone;
5. Personal wireless service facilities may be located in park maintenance facilities.
15.29.070 Required submittals and testing.
Required submittals include:
A. If the applicant is not the landowner, applicant shall provide an authorization from the landowner to
submit for permits on the landowner's behalf. If any applicant is a corporation, trust, association, or other
organized group or legal entity, it shall provide the date of such creation, and, if a foreign corporation, a
copy of the certificate of authority filed with the state of Washington, Secretary of State's Office..
B. An affidavit signed by the applicant, landowner (co -applicant), and the Irainaei of antenna support
structure owners, if different, indicating that:
Deleted: ;
l
'�Imet [26].here should beeasonable timeframe to obtain such approval.
f Iw � EN 'ij u4uwao)1�ur!iitVl�IU111111�� 1
Comment [27]: Is this provision intended to limit
it to parks next to commercial and industrial zones?
If not, is it necessary or should you at least list the
other zones?
1 o They agree to dismantle and remove the WCPT�,a+a c. iT vr,rlla(r antenna support struureIT
��"i°s�Dhi �elaeted: iIaa � i�� � �IF
and restore the site to Its approximate original re -structure condition within theapplicable time
limits set forth in YMC 15.29.120 following receipt of a letter from the city indicting that the facility
is deemed abandoned or in violation of this chapteu. unless tluu applicant a rant+art .,Udh cit
ir. ci nin li+:aiI ill Which cab 7 iY shall not be i+.r uil'O'd U) be dir,rnafilled or Doli, vee IIIA ,,;, and i1illll
Deleted: b
Plans dly's rlelel Iflinflf,io is aalsl_+eld iii flI+, l,iraa,r,^„s a foi t,a'mle iinq ssaa li dol(cn ninalloii, and,
18
Deleted: /
2. In the case of freestanding 1rw c,,,i ; aiidhe i antenna support structures, they consent to co -J Deleted:
ed
location, at reasonable terms, of as many antennas and related equipment as feasible, including ii�pt uNmm ;� IIN
1 IC lil
Comment
lllnl[ZS] �rB ]Illoon tests are outdated, lHIIIII�� IINII......
s I t
those of other communication providers, on the applicants structure/site
` unreliable and costly, They do not provide an
accurate or true perspective for the tower height or
C. Complete application for conditional use permit, including State Environmental Policy Act (SEPA) antenna array. For example, ifthere isany rain or
wind at all it will skew the test.
checklist, II 11he pi.�C3 i equilins li,, t'1 ruliitllra..9elimi
l.,;�W'ryblh�"ilimlumillVnT�VIIT'TyIIIIY"'lil.l�9"9flIk.IW If'91VFItl �itTiil'iPIflIOm
Deleted:
19
Deleted: A "balloon test' is required for any
application requiring a conditional use permit or
variance (except for proposed small cell
E �I1'� ii"1w :;;nlxa I,'f i�.Ir",v,`al'tf 1rr 111x"; ,I:1t.�^,Ifli'. 'al i.:alti�^„=t r�'1(,.I" (elated fegU05tS may include any Combination
installations), In order to better inform the
public„ the applicant shall, prior to the public
of site plans, surveys, maps, technical reports, or written narratives I u a.�ona1)ly necessary to convey the
hearing on the application, hold balloon [est
The applicant shall arrange to Fly,, or raise upon
information required W,�s �wuivr,aBV, ti�1,! by this chapter in addition to any additional
a temporary mast, a brightly colored balloon,
requirements of YMC Title 15, and other applicable ordinances;
that is representative in size of the initial
antenna array including all standoffs, at the
maximum height of the proposed tower, The
F. A visual impact assessment with photo -simulation of the proposed facility is required for all
dates, (including a second date, in case of poor
visibility on the initial date) times and location of
applications that require a conditional use permit or variance, lip < fru 0,"ral k rn .amt n W p""o
this balloon test shall be advertised by the
applicant seven (7) and fourteen (14) days in
111r717rrsalsWhicl 1;` i' alallini Irec'juirt a VISI d al II"1nj1mc 1 aa„°r ssi ne I`1f' t'1Pnrl if I r r`r1r",ltio In,d IJsx Kral lYill al, Vat alIce,
advance of the first test date in a newspaper
with a general circulation in the City The
. 1 r,qui f,,d As part of such application, the applicant shall furnish a visual impact assessment, which
applicant shall inform the City, in writing, of the
dates and times of the test, at least fourteen
shall Include:
(14) days in advance The balloon shall be
flown for at least four consecutive hours
sometime between 7:00 am and 4:00 pm on the
dates chosen The primary date shall be on a
(1) If a new tower or�substantial modification increasing the height of an existing structure is
weekend, but in case of poor weather on the
proposed, a computer generated "Zone of Visibility Map" at a minimum of one fil l 11 too mile radius from
initial date, the secondary date may be on a
weekday. No trees shall be removed to conduct
the proposed structure, with and without foliage shall be provided to illustrate locations from which the
the balloon test, A report with pictures from
various locations of the balloon shall be
proposed installation may be seen,
cation Phos of the
balloiondt sttfr methpree (3) local ons located
approximately three hundred feet from th
(2) Pictorial representations of "before and after" (photo simulations) views from key viewpoints
ioi oioi u o ii �� il i,i vi 't 1'
I Deleted: Other
within the Zone of Visibility, Guidance will be provided, concerning the appropriate key sites at the pre-
re
0111°
M n�
application
application meeting. Provide a map showing the locations of where the pictures were taken and distance
�� wu �
', Deleted:..
from the proposed structure.
C.IIII14W� „ f r 111111
Comment [29]: A visual impact assessment is
(3) A written description of the visual impact of the proposed facility including; and as applicable
not necessary or appropriate for co-location
propo,,ah,aswell
the tower base, guy wires, fencing and accessory buildings from abutting and adjacent properties and
�IDeletedlI�fuMlu�llli�lslwi�lllIli
d
streets as relates to the need or appropriateness of camouflaging.
o� modified for
pfoposed small cell installationsuJU
G. A site elevation and landscaping plan 0�, ul.°.t0uwm��rj kris p:n �^a lir aWi 0. `a),rpaNaa .Ig9o.n(i�,w Vindicating the specific
�'ll11itl�°1�0 Ii
��� 1�M
placementthe ltsite, o existing structures, trees, site
ftype facility
elet ed: or
"III"'°°' diiiIIIMIIM � �
the and location of plant materialsu ed to pamouflage the facif lity,
ty, and the proposed
1, Deleted:
materials used to construct and color(s) of the facility;
Deleteudtl"III
Deleted:
19
H. J or rev,/vjerx,°,J. a signed statement indicating that (1) the applicant and landowner agree they will
allow co -location of additional personal wireless service facilities by other providers on the applicant's
structure or within the same site location, subject to ,aAon hHra� tPq nr7rtut9urer,ti porsun, l
good faith negotiation of compensation according to 1mr„_market rates ,,w) l
too iri.;,, and (2) the applicant and/or landlord agree to remove the facility within90 days after
abandonment;
I. Signed documentation such as the "Checklist to Determine Whether a Facility is Categorically
Excluded” to verify that the wireless telecommunication facility with the proposed installation will be in full
compliance with the current FCC RF Emissions guidelines (NIER). If not categorically excluded, a
complete RF Emissions study is required to provide verification;
K. A copy of the FCC license applicable for the intended use of the wireless telecommunications
facilities;
Comment [30]: As noted on several of
subsections, some of these requirements a.
appropriate for new towers.
Deleted: A
Deleted:
Deleted: J. A signed statement that the
proposed installation will not cause physical or
RF interference with other telecommunications
devices;
L. I c i nr ,A/ t w ni s. a site plan clearly indicating the location, type and heightf the proposed tower or �i �r Oti' 11110 N N „
uO ��
antenna support structure and antenna, accessorybuildings, fencing, landscaPIn topographic contours Dleuute)dI:
A
of the site at two -foot intervals, on-site land uses and zoning, adjacent land uses and zoning, adjacent
roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed
tower; and all other items required in this chapter;
M. J qi �,a current map and aerial showing the location of the proposed tower"
N. Legal description of the parcel, if applicable;
O. �"rri' i�W itMi !sir, it a approximate distance between the proposed tower and the nearest residential
unit, platted residentially zoned properties, and unplatted residentially zoned properties;
P. J'or new k)wets, a landscape and irrigation plan showing specific landscape materials and irrigation
system ut ,P.trtic� r.,sti,oNart idi-irk;
Q.. Method of fencing, and finished color and, if applicable, the method of camouflage and illumination;
R. ; oi, new Irw ei s, a letter signed by the applicant stating the tower will comply with all FAA regulations.-
and
egulations_and EIA Standards and all other applicable federal, state and local laws and regulations;
S. #,r.I1 rur'rr k4)NIukr.r i statement by the applicant that the design of the tower will accommodate co -
location of additional antennas for future users;
20
Comment [31]: This information is highly
proprietary and does not appear to be rete,
necessary for the approval standards,.
Deleted: A
Deleted: , a map showing the locations and
service areas of other personal wireless service
facilities operated by the applicant, or sites
acquired by applicant for the benefit of, or on
behalf of, any other personal wireless service
facility operator, and those proposed by the
applicant that are close enough to impact
service within the city
Deleted: G
he
plo:I��
Deleted: A
Deleted: Am
d✓ut�i uVl iw... uuu ius. �MSIVo�
Deleted: A
T, The telecommunications company must demonstrate that it is licensed by the FCC if required to be
licensed under FCC regulations, and will meet FCC requirements;
U. The applicant, if not the telecommunications service provider, shall submit proof of lease agreements
with an FCC licensed telecommunications provider if such telecommunications provider is required to be
licensed by the FCC; and
V
W. A map showing the location of any properties that are within„1,1.'0 tect of the proposed site that are
protected areas.
15.29.080 Co -location.
To minimize adverse visual impacts associated with the proliferation of towers, co -location of personal
wireless service facilities on existing or new towers ;m[oiliia si,ippcii; sti irrnlilIvs. tililty polcs, lugllts
:mlldinijs, u,r,ppd, i q:;y,d,, a c°w, a fiiiil up is encouraged as follows:
A. Proposed facilities may, and are encouraged to, co -locate onto existing towerrr, ;,,vO nm,< ,,raplrmt
u 46lly q„niei a.,Iutn,4 ttupkGk �,, tW" tcar ,ouc,45fas.. Such co -location is
permitted by right and a new or additional conditional use permit approval is not required, unless
additional height or dimensions are proposed that constitute a substantial change to the tower and/or
base station pursuant to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012.
Changes to towers and base systems that,lanrisOt a substantial change as defined by 1529 035 are
subject to variance procedures and reasonable conditions to assure consistency with the policy, site
criteria, and camouflaging provisions contained in this chapter.
C. The city may deny an application to construct a new,to wor if the applicant has not shown by
substantial evidence that it has made a diligent effort to mount the facilities on an existing structure or
tower within,,,, 500 Ir r,( r,,,id(u ,,, of the proposed „lriwr,r.
D. To reduce the number of j vmi s, needed in the city in the future, new proposed )ovvr;, rs shall be
designed to accommodate antennas for more than one wireless service provider, unless the applicant
demonstrates why such design is not commercially practicable or is not feasible for technical or physical
reasons; or for aesthetic reasons necessary to preserve camouflaging or stealth structures in residential
or protected areas.
E. The applicant shall examine the feasibility of designing the proposed tower to accommodate future
demand for at least four (4) additional commercial applications, for example, future co -locations. The
tower shall be structurally designed to accommodate at least four (4) additional antenna arrays equal to
those of the applicant, and located as close to the applicant's antenna as possible without causing
Vinterference.,putt4rOr rN s4 wW not bell f (praurwl' to Increase ph, hu,'n !,q of BJww, tower dao
21
h III;11 uui l i`111, 111,101 11, Oil
Comment [331: The City should broaden the
definition of co -location. ��uulI�� VVww
,.. u,M�iu�Vuiue" �n uuuiw� �I u�iuli
Deleted:.
�ulikmrviotin���mmTh'IM1��'����� ��u������������
Deleted: consitute
�h�ilm u�""iiluiio�Il�iM�l����llluo�llli �Itllilll"iilili�Yld[`wi�IlniVu�iMlidliilll���I���PPlllllll������llll
Deleted: facilities
Deleted: one-quarter mile
Deleted: facility
Deleted: antenna sup➢d7od structures
Deleted: suppprd structures
f IpoMo
Deleted: ,
0u'G wlliuulalu 1lrlruta � rr lF tadlum, This requirement may be waived, provided that the applicant, in
writing, demonstrates that the provisions of future shared usage of the tower is not technologically
feasible, is commercially impracticable or creates an unnecessary and unreasonable burden, based
upon:
(1) The kind of wireless telecommunications facilities site and structure proposed;
Iw�VD�wp u�N nu �wiwul O'�m�un'1^!V��Vrvi��n,� i �w nll�nli� MEMO
�
Deleted: t fir)
(2) The number of existing and potential licenses without wireless telecommunications facilities fffil�tl»I�o�ir�u1Y^4I�1�lryl(`ri`fi1��1���11��1��
spaces/sites; Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, ,. + Start at: 1 +
Alignment: Left + Aligned at: 0.5" + Indent
(3) Available space on existing and approved towers or other appropriate structures, ' at: 0 75'
The owner of a proposed tower, and his/her successors in interest, shall negotiate in good faith for the
shared use of the proposed tower by other wireless service providers in the future, and shall:
(1)_Respond within 60 days to a request for information from a potential shared -use applicant;
(2) Negotiate in good faith concerning future requests for shared use of the proposed tower crr
AA.tl�lltl n ^,�w,tiOalu,t,�«pVrrr,r,ulwe by other telecommunications providers;
(3) Allow shared use of the tower rat ai flonim s I} pnit stmctw I 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.
(4) Failure to abide by the conditions outlined above may be grounds for revocation of the special
use permit.
F, All wireless service providers or lessees or agents thereof shall reasonably cooperate in good faith to
accommodate co -location with competitors,, - �Uetff�ItuI�w
� tV�Iw'f�2M�luoe�'ucuute
'15,291,090
tfbst�rf,tIa
AAsprovidedaoVe, new$ra vr.shall be designed to accommodate co location, unless the applicant (iaIIIIIIN.IIII�IIIIIIIIIIIIppVppIVppIppVppIVppIlIVlIIlIVlIlIVlIlIVlIlIVlIIU�It',.
Formatted: Font.Not Bold aF VV000OVV0000
demonstrates why such design is commercially impracticable or not feasible for technical,_* i Ir ine'eril°ig,,
r ,er,
R,11 or physical reasons. oeteted: facilities
B. All facilities shall comply with the following standards y herM ,frtafie�,�if lex_
22
1, Setback. A tower's setback shall be measured from the base of the tower to the property
line of the parcel on which it is located In residential zones or where a proposed tower is on
property abutting a residential use, towers shall be set back from all property lines a distance
equal to one hundred percent of tower height as measured from ground level, In all other zones,
or where a proposed tower site does not adjoin an existing residential use, towers shall be set
back a minimum of thirty feet, When making a decision on a variance application to reduce
setbacks, the hearing examiner shall consider the following:
a. Impact on adjacent properties, including viewsheds, shadowing, visual dominance of
the tower and base structures as seen from streets and rights-of-way, and historic integrity
of the neighborhood;_,,Jnd
J:). The extent to which screening and camouflaging will mitigate the effects of the
personal wireless facilities.
2. Right -of -Way Setback Exception. The setback requirement is waived if the antenna and
antenna support structure are located in the city right-of-way, provided the antenna is attached to
an existing utility pole and does not substantially increase the height of the utility pole and/or
extend above the utility pole by an amount determined to be a substantial modification pursuant
to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 and applicable
interpretations of the Federal Communications Commission, or the minimum separation required
by the owner of the utility pole ; atll.•i"riv; ;ilius) cell installations attached to utility poles
and/or slt;eM lighis_are permitted in all zones (with the exception of conditional use permits
required for installation upon utility poles within protected areas) subject to approval by the city
,pursuant to lllr, sir)Ilaiid,,�ldN„rA)Pag,aata,i�lr, and license or franchise agreements with the city.
3. Tower and Antenna Height, The applicant shall have the burden of demonstrating that ari y
now tower and assa.a+.I atud antenna )tl,rapgsi;[J gn tNB-2, I CIC +e.rrir.9iui,!s l ,"ai), sw, air, the
minimum height required to meet the,: pplic;;airl's iiePwon b , ov: i age paid/,u caplacly ohoctivc!!t.
No towera Irl ,a;,r,r;,r"i<alr d antenna that,<<aro taller than this minimum height shall be approved. No
tower or mount together with antenna shall exceed sixty (60) feet in all single-family, multifamily
residential, Downtown Commercial, and Professional Office zones or one hundred ten feet in
other zones. Additional height may be permitted to accommodate co -location of other providers.
4. Color. Towers shall have a dark color such as forest green, charcoal or dark brown,
depending on the surroundings or background that minimizes their visibility, unless a different
color is required by the FAA. Colors shall be maintained and repainted as necessary to maintain
original color, to repair fading through weathering, and to prevent flaking.
5. Lights, Signals and Signs. No signals, lights, or signs shall be permitted on towers unless
required or allowed by the FCC or the FAA. Should lighting be required, in cases where there
23
mo i u of i ilio V i iu iltalJ uoi rri Itua,
Comment [34]: The requirement to consider
alternative sites is too open-ended and onerous„
uuh itis itlmigi V„ U 'I" o p„
11,1013
Deleted: b, Alternative sites for personal
wireless facilities; and
M, 312-SEME
Deleted: t
Deleted. Small
Deleted in its sole discretion, and
Deleted: the
Comment [35]: The requirement to
I demonstrate minimum height necessary should be
1, limited to the more sensitive zones, not all areas.
Deleted: is
I; Deleted: proven communications need
Deleted: or
Deleted: is
are residents located within a distance that is three hundred percent of the height of the tower,
then dual mode lighting shall be requested from the FAA.
6, Fencing, A well -constructed wall or wooden fence not less than six feet in height from the
finished grade shall be provided around each ,;A r,�/m: _ Access to the tower shall be through a 'tfi�' I msH u m ���llm
locked gate. The use of chain link, plastic, vinyl, or wire fencing is prohibited unless it is fully Deleted: personal wireless service facility,
screened from public view by a minimum eight -foot -wide landscaping strip
8. Landscaping 1 q sli all- ,I in piiiind fair N Ilow tovn w , hlle at,l.rHcanl shall I,)n
ntiIIed to i,oq � I c SKa varIancu, for i:axenn rzl naii II� Iii SUMO rai gall 0 [tkM hiiirt :n:., l,lufi I'Et 1 It I l I f? I I I o II is
Comment [36]: Landscaping requirements are
a. Landscaping. Landscaping is an element of camouflage. Landscaping, as described only appropriate or necessary for new towers
herein, shall be required to buffer foa ci s to soften the appearance of the cell site. The city Additionally, there will be some instances in which
--- _ - - - -- - - - - compliance with some or all of the landscaping
may permit any combination of existing vegetation, topography, walls, decorative fences or requirements will be unnecessary, inappropriate or
i overly burdensome. The applicant should be
other on-site features instead of landscaping, if they achieve the same degree of screeningI entitled to seek a variance in these instances,
as the required landscaping, Wire fencing may be allowed if it is fully screened 1'
b. Buffers. The visual impacts of a,l{rv- ti shall be mitigated through landscaping or other
screening materials at the base of the tower and ancillary structures. The following
landscaping and buffering shall be required around the perimeter of the tower and
accessory structures. Landscaping shall be installed on the outside of fences. Further,
existing vegetation shall be preserved to the maximum extent practicable and may be used
as a substitute for or as a supplement to landscaping requirements.
A row of evergreen trees a minimum of six feet tall at4rinstlarliy 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.
An automatic irrigation system providing irrigation as needed according to plant
type, season and maturity of plantings..
iv. To guarantee required landscaping the applicant shall provide the city with a two-
year landscape maintenance guarantee.
v.. In the event that landscaping is not maintained at the required level after the two-
year landscape guarantee period, the city after giving thirty days' advance written
notice may maintain or establish the landscaping and bill both the owner and lessee
for such costs until such costs are paid in full.
24
Deleted: personal wireless service
facilities
Deleted: If the antenna is mounted flush
on an existing building, and other
equipment is housed inside an existing
structure, landscaping shall not be
required,
Deleted: personal wireless service
Deleted: iu mo�N'utiio��tl�oUlUlU�d�MJ����^T��Ip�UIVIUNI
9, Screening.. Screening, camouflaging or otherwise integrating a telecommunications facility
into existing features on the site in order to make the facility as visually unobtrusive as
i clasonaloly possible, shall take priority over increased height to accommodate co -location. A
personal wireless telecommunications facility shall be integrated through location and design to
blend in with the existing "character" of the site so as to be visually unobtrusive or screened To
Pho ? xk n iT„p ,yxw,u pllrll��„ties eniUi9�;� the towerphall be placed amongst4,,a� adjacent to (within twenty
feet) of the drip line offany evergreen trees lncnla d on the pi at least seventy-five percent
of the height of the facility, _Gb ovu'lowi flhall ii nr?t rrfrv.rg ri hre:e i cal sucl I_heel hl '-fiIo curronfly
c ated on ll )c iarolal r d y sucl i , c,ie"cili 1, ;hiral,l, i o+ bo, r,r fjiuica& To ensure the screening trees are
preserved the following note shall be recorded on the property title:
All trees within 50 feet of the telecommunications facility located on this property, which
serve to screen the telecommunications facility shall be retained for the life of the
telecommunications facility Screening trees may only be removed if deemed diseased or
dangerous by a certified arborist Before any trees can be removed a report from the
certified arborist shall be submitted to the City for review and approval. Unless approved
by the City, only that portion of the tree required to remove the hazard can be removed
If located in or within 300 feet of a residential zoning district or in or within 300 feet of a protected
area , i4 rsr w,�f.aau,stt"'+� paAu.;uta4 camouflaging shall be accomplished by designing the
facility to look like surrounding evergreen trees or other customary structures in the
area, unless the applicant establishes that such construction is technologically or
commercially impracticable under the facts and circumstances.
10. Required Parking, If the cell site is ;fully automated,„ o parking shall be required for
maintenance workers, If the site is not automated, arrangements for adequatearking shall be
made and documentation thereof provided to the cityj. Security fencing should be colored or
should be of a design which blends into the existing environment.
11. Antenna Criteria. Antenna on or above a structure shall be subject to the following:
a. The antenna shall be architecturally compatible with the building and wall on which itis
mounted, and shall be designed and located so as to ie a otiaably_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 ir,asonu flbly technically possible and shall not project above the wall on
which it is mounted unless it must be for technical reasons. In no event shall an antenna
project more than sixteen feet above the roofline, including parapets.
c. The antenna shall be constructed, painted, or fully screened to match as closely as
possible the color and texture of the building and wall on which it is mounted.
25
Deleted: be considered screened
Deleted: or mount
Deleted: and
Deleted: three or more
Deleted: IIIIII((j��y
���a • tsm9°°V�WoTloo i!����ifl�o IDi o?iutuo�foNUVtsVo1UC:1�ti:IWY�
Comment [37]: This requirement needs to be
more flexible or it could significantly limit the sites
feasible for a new tower„
Comment [38]: This term is confusing — what
does the City consider to be a fully automated cell
site?
Nui' su i]'uw�� im i i uiunf 'u iii i un � ,SIV ��
Deleted: adequate
uu I w o IINIIIINIINIIIIHIIIIIIIII
Deleted: off-street
Comment [39]: Dedicated parking is
unnecessary for these facilities given the
infrequency of visits and will only require additional
area be disturbed.
d. The antenna may be attached to an existing mechanical equipment enclosure which
projects above the roof of the building, but may not project any higher than the enclosure
e, If an accessory equipment shelter is present, it must blend with the surrounding
buildings in architectural character, materials and color,
f. The antenna and any accessory buildings must be architecturally and visually (color,
size, bulk) compatible to the extent feasible with surrounding existing buildings, structures,
vegetation, and uses. Such facilities will be considered architecturally and visually
compatible if they are camouflaged to disguise the facility,
g.. Site location and development shall preserve the pre-existing character of the site as
much as possible, Existing vegetation should be preserved or improved, and disturbance of
the existing topography of the site should be minimized, unless such disturbance would
result in less visual impact of the site on the surrounding area,
h. On buildings thirty feet or less in height, the antenna may be mounted on the roof if the
following additional criteria are satisfied:
i. The city finds that it is not technically possible or aesthetically desirable to mount
the antenna on a wall.
ii. Roof -mounted antenna and related base stations are, substantially screened from �y� ���u7m,amsmomm�a ar b �w
view by materials that are consistent and compatible with the design, color, and Ue�eted.
materials of the building,
iii. No portion of the antenna may exceed sixteen feet above the height of the
existing building,
If the antenna is placed on the roof or above the top of a building, it shall provide to the
extent _feasible a minimum setback equal to the height of the panel antenna
from the rooftop edge.
Antenna, antenna arrays, and support structures shall not extend more than sixteen feet
above the highest point of the structure on which they are mounted. The antenna, antenna
array, and their support structure shall be mounted so as to t+ ,asona .1y, blend with the
structure to which the antenna is attached„ The antenna and its support structure shall be
designed to comply with applicable building code standards. The antenna, antenna array,
and their support structure shall be a color that matches the field or trim color of the
structure on which they are mounted.
j.. Guy Wires Restricted. No guy or other support wires shall be used in connection with
such antenna, antenna array, or its support structure except when used to anchor the
26
antenna, antenna array, or support structure to an existing building to which such antenna,
antenna array, or support structure is attached,
12, Equipment Structures,
a. Ground level equipment, buildings, and the tower base shall be screened lci 11 i onl
fr"ason il,lo I u siblu from public view and from the view of abutting properties. The
standards for the equipment buildings are as follows:
b. The maximum floor area is five hundred square feet and the maximum height is twelve
feet, unless the applicant demonstrates that a larger area and/or height is reasonably
necessary to accommodate the proposed facility and possible co -location,,
Rropw mip1m,�srt p,nllo,,,'1V �Nw i �Ip11Iisp11pl�pgpll`I1(\11
Vkw�i m�lkoi�1111��'iVINn�uv0.110iN�ini����4AIriNNNfllNll^WAI�������.
13. Federal Requirements, All towers must meet or exceed current standards and regulations
Deleted.
of the FAA, the FCC, and any other agency of the federal government with the authority to
d. Ground level buildings shall be screened tt`t from view by landscapetnan
Comment [40]: Equipment can be located more
zsofeet away, such aswhen there isa rooftop
plantings, fencing, or other appropriate means, as specified herein or In other city
antenna and equipment in the basement of the
with the revised standards and regulations within ix months of their effective date or the
building. j
ordinances.
CEM -M fm "E
tS��, � �� wo �a a �t0twfll
Failure to bring towers and antennas into compliance with the revised standards and regulations
Deleted: a . Except in unusual
e. In instances where equipment buildings are located in residential zones, equipment
circumstances or for other public policy
buildings shall comply with setback requirements and shall be designed so as to conform in
considerations the equipment building may
be located no more than two hundred fifty
appearance with nearby residential structures, including building form, materials and color.
feet from orpantenna
othe �tower
p
f. Roof -mounted Equipment buildings mounted on a roof shall be designed to match and
Deleted
be integrated into the exterior design and materials of the building. Equipment for roof -
mounted antenna may also be located within the building on which the antenna is mounted.
Equipment buildings, antenna, and related equipment shall occupy no more than twenty-
five percent of the total roof area of the building the facility is mounted on, which may vary if
co -location andadequate camouflage is used.
it r t
t liri �w �W tw t��
13. Federal Requirements, All towers must meet or exceed current standards and regulations
Deleted:
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 ix 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.
14. Building Codes — Safety Standards. To ensure the structural integrity of towers, the owner
of a tower shall ensure that it is maintained in compliance with standards contained in applicable
city building codes and the applicable standards for towers that are published by the Electronic
Fel
Industries Association ("EIA"), as amended from time to time, If, upon inspection, the city
concludes that a tower fails to comply with such codes and standards and constitutes a danger
to persons or property, then upon notice being provided to the owner of the tower, the owner
shall have thirty days to bring the tower into compliance with such standards, If the owner fails to
bring its tower into compliance within thirty days, the city may remove the tower at the owner's
expense,
15. Structural Design. Towers shall be constructed to, applicable EIA Standards, which may be �„ tiaaaaamiiiWluuiotf�ar u
amended from time to time, and to all applicable construction/building codes, Further, any°�f��l�r'w�'t�"�i"t°'�'"����'1�°��"�������
Deleted:
improvements or additions to existing towers shall require submission of site plans stamped by a
professional engineer that demonstrates compliance with the EIA Standards and all other good
industry practices. The plans shall be submitted and reviewed at the time building permits are
requested.
No personal wireless service provider or lessee shall fail to assure that its antenna complies at
all times with the current applicable FCC RF Emission standards,
16. Antenna Support Structure Safety. The antenna support structure shall be secured against
unauthorized entry, All support structures shall be fitted with anti -climbing devices, as approved
by the manufacturers.
15.29.100 Permits required.
In addition to the other provisions of this chapter the following permits are required unless otherwise
stated:
A, The following, which are subject to administrative review, approval and permit kali diapurot to Rvr yf,,a
N) mvia',w i 1 I 11,�d iin a Uila,�n
�i7r � i;��ai�'a'.w,�f as t u ,�r.ii a�.^P_ ira I air �:I'1�a >t:�i �airA, in '� I"�%.� a Ira ala��ri 1 � i t,_i
A f ° aroim1_1afi a di 1d yV u,Af:
1. Modifications to eligible existing facilities pursuant to 15.29 035 and 15.29.080 that do not
constitute a substantial change; modifications that constitute a substantial change require a
variance;
2. Small cell installations in any zoning district, except locations within a protected area, as
approved by the City.
3. Ca 1riC.'t,llrtri sir any Zoniiyg d! fi c,, a. c Ial to ah, lr s witl41 a Ialt lr,r,led e'l ,a as appfoved li
28
Comment [41]: Type (1) process appears to be
( the most appropriate process to use here.
�n nail i� n[ai]6t��uf �NhIr� i��i �"6 nVidmiii�ul�MNii�iMii�ll�llu
Comment [42]: Co -location needs to be
;. specifically included. J
d _ Antennas, towers and related facilities located within or upon government-owned property or
structures where such antennas, towers and related facilities are camouflaged as approved by
the city;
,r'. Antennas, towers and related facilities located on appropriate rights of -way an in industrial
and commercial zoning districts where such antennas, towers and related facilities are f v 10i00ioited.
4
Dele
camouflaged approved by the city;t'm��12
rro
Deleted existing structures such as
5. Antennas, towers and related facilities located within industrial zones of the city, including huit&ngs, towers and water tawers
proposed locations within 300 feet of residential zoned districts, where such antennas, towers
and related facilities are camouflaged as approved by the city;
6. Antennas, towers and related facilities located within the Local Business District (B-2) and
Large Convenience Center (LCC) zoning districts where such proposed site is (a) more than 300
feet from residentially zoned districts and more than 300 feet from a protected area, and (b) such
structures are camouflaged as approved by the city.
An applicant that wishes to locate a new antenna, antenna support structure or tower within the
B-2 or LCC districts, and within 300 feet from residential zoned districts or within 300 feet of a
protected area, shall demonstrate that a diligent effort has been made to locate the proposed
communications facilities on a site, private institutional structure, or other appropriate existing
structures more than 300 feet from residential zoned districts or more than 300 feet from a
protected area, and to vaiconst considerations physical
a constraints, f hm o i'
ri ,arIr.,rlaAS ;IfhY tra aviil,.i;lil�aY,iso b,130d oll easonahlo bail I1)Iini atYr „ani
_¢�eleted.artti'keaahwr7rtd¢agoeaalt�aarbbtlndy f
hil'I Ills ral'Id 0te, ""G'iUh�t Plk Irfuru rkIY9 iY i� :�fi+&It i�ir,+ 1VIc" ti(h��fM���P1� .,n nol °;Jh. rk, cuVni age, Pm,Iihul 1-Apac"ll,y
r hjucsllvns, no more appropriate location is available. Such antennas, towers and related facilities
may approved by the administrator, subject to the administrator's approval of camouflage, �Such
��
proposed structures are also subject to the�vl. � n-rl I�tr_I�7�a� 1 xr, n�;c�,��,��ir�� tt requirements of 15 29.070 fllty
in order to assist the administrator in determining appropriate camouflage and/or stealth
requirements. Deleted: bauoon test andior photo-
� simulation f
B. Except as set forth in subsection A above, a conditional use permit is required for all .r1i proposed
antennas,
antennas, towers and related facilities,
C. Procedures governing variances are set forth in Chapter 15.21 YMC; provided, however, that the
criteria for variance approval shall be governed by the following provisions. A variance from the height or
area limit that constitutes a substantial change may be granted if the applicant can show by evidence that
the additional height is necessary to,�niis[y thenrirQ.,li,rl°II uvtavruh, c r.°,unIa„ as ,a,rld/r,I c, ai:,,oa,Il c,ljx r livc ^ Deleted: provide ar9
ti ji �i ��m ��� r
MMM
and no other c u:+„n �,al,dc alternative is available When granting a variance the examiner shall require that ecgoate service to
tt�t
a significant portion of the tower and related facilities be screened by existing evergreen trees or existing
structures. Deleted: residents of the cnl
29
1. The purpose of this subsection is to provide a means of increasing the maximum height of
tower and antenna in specific instances where the strict application of those limits would deprive
a tower or antenna operator from achieving the minimum height required to meet the,p "lski R's
mip�:otiv
� ed"v l k", ccv� l lio ,,��U��
Deleted: proven communications need,
2. The examiner shall have the authority to grant a variance from the maximum height allowed
for tower or antenna when, in his/her opinion, the conditions as set forth in subsection (3) herein
have been found to exist. In such cases a variance may be granted which is in harmony with the
general purpose and intent of this chapter..
3. Before a height variance can be granted, it shall be shown that the applicant demonstrates
all of the following:
a. That there is evidence that additional height is required to4ucut the„aalji:)li,, oni ; a �t„
� ��i�t i,�3-20=0111r=01.0
wtwsril, cov^;Irrege vtyi/jai ciipnc,,ii�a�:'�lbjcclivas and that no other roa^�x.a� al,':Ie alternative is i Deleted. /�tov[deadk.atG aki111 service to
available;
Deleted: residents of the Oly
b. That there are special circumstances applicable to the subject property such as shape,
topography, location, or surroundings that prevent the operator from achieving the
minimum height required to meet the proven communications need;
c. That the granting of such variance will not be materially detrimental to the public
welfare or injurious to the property or improvements in the vicinity;
d. That any visual impacts will be mitigated to the greatest extent i s ,isoi l l")Iy possible
using camouflage or screening, including but not limited to strategic placement next to
existing buildings or vegetation or incorporation with architectural features of existing
buildings or structures;
e. That the location of the tower and antenna has been chosen so as to minimize the
visibility of the facility from residentially zoned land and to minimize the obstruction of
scenic views from public properties; and
f, That the variance is the minimum necessary to grant relief to the applicant.
4. The applicant has the burden of proving that the proposed variance meets all of the criteria
in subsection (B)(3) of this section, Decision Criteria.
5. The examiner may approve an application for a variance with additional requirements above
those specified in this title or require modification of the proposal to comply with specified
requirements or local conditions.
6. The examiner shall deny a variance if the proposal does not meet or cannot be conditioned
or modified to meet subsection (B)(3) of this section,
30
a, Project permit review procedures are specified in YMC Title 16, Administration of
Development Permit Regulations. The following table specifies the permits required for the
various types of personal wireless service facilities that meet the standards of this chapter:
Type of Use
Co -location (No Substantial Change)
NCo -location (Substantial Change)
Small cell installation
New Tower (City -owned Property)
New Tower (Public Property)
Permit Table*
Permit Required
Administrative Permit
Newt erwci'( industrial
and commercial zoning districts)
New Tower (industrial zoning district,
more than 300 feet from residential zone
and more than 300 feet from
protected area)
New Tower (industrial zoning district,
within 300 feet of residential zone)
New Tower (industrial zoning district, within
300 feet of protected area)
rtrr'iii�ii fii�rsI°onnit
Administrative Permit
Administrative Permit/Lease
Administrative Permit (with approval
of camouflage)
Administrative Permit (with approval
of camouflage)
Administrative Permit (with approval
of camouflage)
Administrative Permit (with approval
of camouflage)
Conditional Use Permit
New Tower (B-2 or LCC zoning district, Administrative Permit (with approval
more than 300 feet from residential zone and of camouflage)
more than 300 feet from protected area)
New Tower (B-2 or LCC zoning district, Administrative Permit
within 300 feet of residential zone or within (with approval of camouflage)
31
Deleted: Variance
i Deleted: antenna (cxo�lrpa�� structures, !
300 feet of protected area)
New Tower (in or within 300 feet of residential Conditional Use Permit
zoning district, not in B-2 or LCC district)
New Tower (in or within 300 feet of Conditional Use Permit
protected area, not in B-2 or LCC district)
" Applicable permits include building permits and other permits required for installation.
D. , Tiql"ie Praoegar
„ evlewi„p1��t Appluca.tion I`�r,�f C,Flll i;ef 2ir�fii rr.; ;ri°iyfl iii,f1 fid flhR C,01,) m y, the dly �flh 111 i.,suc,
tr¢l/ a9r>�ri la7ir ia.a tiptlyov"T ool t(yll"u, -��l `11,'qr11cafurri v/�Oun, 90 d"a"y", of C i�,aq u1 <`a qur,lky�., ytu,e u1 ��y�lklue.,�lii'�u_t 'ar[(J
1,", 0 days rut o� o""L nole Co - it mfliol) CapplicafiolI
15.29.110 Inspection requirements.
Within 60 days of any required safety inspection performed in accordance with EIA and FCC standards,
the facility operator shall file a copy of the report with the city. Each year after the facility becomes
operational the facility operator shall file with the city a copy of maintenance reports for the prior twelve
months. The applicant shall provide a financial guarantee in the form of a bond or other financial
instrument acceptable to the city in an amount sufficient to reimburse all costs associated with facility
removal should it be necessary,
15.29.120 Non-use/abandonment.
A Abandonment. No less than thirty days prior to the date that a personal wireless service provider
plans to abandon or discontinue operation of a facility, the provider must notify the city of Yakima by
certified U.S. mail of the proposed date of abandonment or discontinuation of operation. In the event that
a licensed carrier fails to give notice, the facility shall be considered abandoned upon the city's discovery
of discontinuation of operation„ Upon such abandonment, the provider shall have sixty days or additional
period of time determined in the reasonable discretion of the city within which to:
1, Reactivate the use of the facility or transfer the facility to another provider who makes actual
use of the facility; or
2. In the event that abandonment as defined in this chapter occurs due to relocation of an
antenna at a lower point on the antenna support structure, reduction in the effective radiated
power of the antenna or reduction in the number of transmissions from the antennas, the
32
� mv�upy'�1A tI�pN w V^
wvW rig, Wa, a 1 10 �i
% t w. nt
Comment [431: This language is necessary to
comply with the FCC Shot Clock rule.
operator of the tower shall have six months from the date of effective abandonment to co -locate
another service on the tower, If another service provider is not added to the tower, then the
operator shall promptly dismantle and remove the portion of the tower that exceeds the minimum
height required to function satisfactorily. Notwithstanding the foregoing, changes which are made
to personal wireless facilities which do not diminish their essential role in providing a total system
shall not constitute abandonment. However, in the event that there is a physical reduction in
height of substantially all of the provider's towers in the city or surrounding area then all of the
towers within the city shall similarly be reduced in height.
3. Dismantle and remove facility. If the tower, antenna, foundation, and facility are not removed
within the sixty-day time period or additional period of time allowed by the city, the city may
remove such tower, antenna, foundation, and related facility at the provider's expense. If there
are two or more providers co -locating on a facility, except as provided for in the paragraph
above, this provision shall not become effective until all providers cease using the facility.
At the earlier of sixty days from the date of abandonment without reactivating or upon completion of
dismantling and removal, city approval for the facility shall automatically expire.
15.29.130 Third party review.
Personal wireless service providers use various methodologies and analyses, including geographically -
based computer software, to determine the specific technical parameters of their services and low power
mobile radio service facilities, such as expected coverage area, antenna configuration, topographic
constraints that affect signal paths, etc, In certain instances, a third party expert may need to review the
technical data submitted by a provider. The city may require a technical review as part of a permitting
process 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:
A. The accuracy and completeness of submissions;
B. The applicability of analysis techniques and methodologies;
C. The validity of conclusions reached; and
33
D. Any specific technical issues designated by the city.
15.29.140 Conditional use permits — Procedures — Conditions for granting
A. Application. An application for a conditional use permit under this chapter shall be submitted
to the director of the city's community development department ("administrator") who shall review such
application for completeness and compliance with filing requirements under this chapter and applicable
codes of the city, in accordance with the provisions and procedures of YMC 1.43.090 and Title 16 YMC.
The administrator shall have authority to request additional information and reports from the applicant
c. r- i7,-flhly necessary to make the application complete, including but not limited to third party review in
accordance with YMC 15.29 130 and reports, surveys and tests as provided in YMC 15.29.070, when the
administrator , in his or her,lc:; a on, ale discretion, deems such additional information necessary or roi1b„��r.'.1..... .
appropriate to make the application complete, to address mitigation measures identified in SEPA, NEPA Deleted: sole
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 quiet enjoyment of property,
identified by the administrator as likely, with reasonable probability, to result from the proposed project.
Upon the administrator's determination that the application is complete and in compliance with filing
requirements of this chapter, the administrator , in coordination with the hearing examiner, shall be
responsible for assigning a date for and assuring due notice of public hearing for each application, which
date and notice shall be in accordance with the provisions of Title 16 YMC.
B. lrlearjpA I,XAminer, When considering an application for a conditional use permit, the hearing
examiner shall consider the applicable standards, criteria and policies established by this title as they
pertain to the proposed use and may impose specific conditions precedent to establishing this use.
(1) Before any conditional use may be granted, it shall be shown that
(a) The proposed use will not be materially detrimental to the public welfare or injurious to the
property or improvements in the linniveldinte_vicinity of the proposed used
(b) The proposed use shall meet or exceed the performance standards that are required in
the zoning district the proposed use will occupy;
(c) The proposed development shall be compatible generally with the surrounding land uses
in terms of traffic and pedestrian circulation, building and site design;
(d) The proposed use shall be in keeping with the goals and policies of the comprehensive
land use policy plan;
(e) All reasonable and commercially 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.
34
Deleted: the life, health, safety or persons, or
77d
�oV,l4��'o �
should be limited to properties in the
I immediate vicinity,
7sDeleted-,n
orithe district in which the
ujert,hrey is located
(2) The conditions may:
(a) Increase requirements in the standards, criteria or policies established by this title;
(b) Stipulate the exact location as a means of minimizing hazards to life, limb, property
damage, erosion, landslides or traffic;
(c) Require structural features or equipment essential to serve the same purpose set forth
above;
(d) Impose conditions similar to those set forth in subsections (2)(b) and (2)(c) of this section
as deemed ra r ,+aai,,atfly necessary to establish parity with uses permitted in the same zone in
their freedom from nuisance generating features in matters of noise, odors, air pollution,
wastes, vibration, traffic, physical hazards, and similar matters; provided, the hearing examiner
may not, in connection with action on a conditional use permit, reduce the requirements
specified by this title as pertaining to any use or otherwise reduce the requirements of this title
in matters for which a variance is the remedy provided;
(e) Assure that the degree of compatibility with the purpose of this title shall be maintained
with respect to the particular use on the particular site and in consideration of other existing and
potential uses, within the general area in which the use is proposed to be located;
(f) Recognize and compensate for variations and degree of technological processes and
equipment as related to the factors of noise, smoke, dust, fumes, vibration, odors, and hazard
or public need; and
(g) Require the posting of construction and maintenance financial security sufficient to secure
to the city one hundred fifty percent of the estimated cost of construction and/or installation and
fifteen percent maintenance of required improvements.
15.29.150 Conditional use permits — Effect of hearing examiner decision.
The decision of the hearing examiner on a conditional use permit shall be final and conclusive with right
of appeal to the city council in accordance with YMC 16.08.030..
15.29.160 Application form.
The director of the city's community development department may prescribe the form in which
applications are made for a conditional use permit and other applications authorized pursuant to this
chapter. The director may prepare and provide printed forms for such purpose and may prescribe the
type of information to be provided in the application by the applicant. No application shall be accepted
unless it complies with such requirements.
35
15.29.170 Filing fees.
The application for a conditional use permit shall be accompanied by a filing fee in the amount of
15.29.180 Notice of hearing — Conditional use permits.
Notice of all public hearings shall be given and prepared as required by Chapter 16.05 YMC
15.29.190 Reapplication.
Upon final action as set forth in this chapter in denying an application for a conditional use permit, the city
shall not accept further filing of an application for substantially the same matter within one year from the
date of any final denial of an application.
15.29.200 Transfer of ownership.
A conditional use permit runs with the land; compliance with the conditions of any such permit is the
responsibility of the current owner of the property, whether that is the applicant or a successor No permit
for which a financial security is required shall be considered valid during any time in which the required
financial security is not posted.
15.29.210 Vacation of permits.
A. Any conditional use permit issued pursuant to this chapter may be vacated upon approval by the
current landowner; provided, that;
1. The use authorized by the permit does not exist and is not actively being pursued; or
2. The use has been terminated and no violation of terms and conditions of the permit exist.
B. Requests to vacate a permit shall be made in writing to the zoning code administrator who shall
determine if the above conditions are present prior to authorizing the vacation. Vacation of any permit
shall be documented by the filing of a notice of land use permit vacation on a form provided by the
community development department with the city.
15.29.220 Violation — Penalty.
Compliance with the requirements of this code shall be mandatory. Any violation of the provisions of this
chapter shall be a misdemeanor subject to the penalties and remedies established in YMC 6.02.050..
Additionally, any violation of the provisions of this chapter, and any installation and/or operation of any
structure in violation of the provisions of this chapter, shall be deemed a public nuisance and violation
subject to penalties and remedies available under state law and city codes. The enforcement actions
authorized under this code shall be supplemental to those general penalties and remedies of Chapter
6.,02 YMC and the public nuisance penalties and remedies available under state law and city codes.
15.29.230 Relief, Waiver, Exemption.
Any applicant desiring relief, waiver or exemption from any aspect or requirement of this chapter may
request such, pursuant to and in compliance with the applicable provision on variances, provided that the
36
Otu iii iii ¶ 11 � i I Veu��mu t itilp m 2 T "$&NSIVidl 1
Cortirtlent [45]: A reasonable fee needs to be
established,.
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 affect on the health, safety and welfare of the City, its residents and other service
providers.
15.29.240 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 ruled to be invalid or unenforceable in any material respect, by a competent
authority, or is overturned by a competent authority, the permit shall be void in total, upon determination
by the City.
37
Page 12• [1] Deleted Mike Connors 8/12/13 8:37 PM
u
Page 19 [2] Deleted Mike Connors 8/14/13 10:33 AM
A "balloon test" is required for any application requiring a conditional use permit or variance
(except for proposed small cell installations). In order to better inform the public„ the applicant
shall, prior to the public hearing on the application, hold a balloon test. The applicant shall
arrange to fly, or raise upon a temporary mast, a brightly colored balloon, that is representative in
size of the initial antenna array including all standoffs, at the maximum height of the proposed
tower. The dates, (including a second date, in case of poor visibility on the initial date) times and
location of this balloon test shall be advertised by the applicant seven (7) and fourteen (14) days
in advance of the first test date in a newspaper with a general circulation in the City. The
applicant shall inform the City, in writing, of the dates and times of the test, at least fourteen (14)
days in advance. The balloon shall be flown for at least four consecutive hours sometime
between 7:00 am and 4:00 pm on the dates chosen. The primary date shall be on a weekend, but
in case of poor weather on the initial date, the secondary date may be on a weekday, No trees
shall be removed to conduct the balloon test. A report with pictures from various locations of the
balloon shall be provided with the application. Photos of the balloon test from three (3) locations
located approximately three hundred feet from the base of the proposed tower and spaced evenly
in a circumference around the proposed tower, and three (3) locations located approximately one-
quarter mile from the base of the proposed tower shall be submitted within two weeks after the
commencement of the balloon test;
City may also post notice at a location or locations deemed appropriate by the city, and will
provide notice to the governing body of any affected historic district association or organization,
Additionally, and without limitation, the city may use any other means deemed advisable to
provide advance notice to the public.
L, ......_.. �.._ -_ __-.
Page 23 [3] Deleted Mike Connors 8/12/13 8:37 PM
From: Ken Lyons[mailto:ken. lyons@wirelesscounsel.com]
Sent: Wednesday, August 14, 2013 12:26 PM
To: Kunkler, Mark
Cc: Osguthorpe, Steve; TAGAYUN, CAROL; BASS, ROBERT; Cutter, Jeff; Peters, Jeff; Mike Connors
Subject: Yakima Wireless Code - AT&T Comments
Good morning Mark:
I left you a voicemail as well. Carol Tagayun will be representing AT&T at the Planning Commission meeting
this afternoon — I won't be there due to another Planning Commission commitment in the opposite side of
the state. Attached are some redlines to the proposed ordinance. Due to time constraints, I wasn't able to
provide as thorough comments as the last draft or make sure the changes are referenced consistently in the
code.
Here are the high points:
i Small Cells:
Small cells do not replace the need for regular sites, and shouldn't be used as an alternative
when evaluating an application for a regular site. I suggest changing the definition of "small
cell" in the code to clearly state this. I also suggested changing the "small cell" section of the
priorities so we wouldn't have to show why small cells wouldn't work before proposing a
regular site (more on this below).
Predictable processes in residential zones:
o We need to have a more predictable process in residential zones, including administrative
options for certain designs that the City deems as acceptable up front.
o Utility poles: I suggest changing the priority for "small cell" sites to "utility pole"
sites in general. Most "small cell" designs do not look much different than
regular utility pole sites. If small cells are allowed administratively in all zones
(except historic districts), regular utility pole sites should be as well. The only real
difference is the size/location of the equipment cabinets, which is not used as a
process determinant elsewhere in the code. It appears that the language you
used (from Woodinville, Bellevue) was originally intended for regular utility pole
sites. Utility pole sites in residential zones are administrative processes in most
jurisdictions in Washington State (including Woodinville & Bellevue).
o Incentivize stealth facilities in residential zones:
As discussed in the hearing last week, I believe that many of the "stealth" options
available to carriers are not appropriate for the context/climate of Yakima.
However, it seems clear that the City is determined to require them regardless in
most cases, whether by their own discretion or by virtue of the extensive CUP
process. Accordingly, if the City want trees, flagpoles, light poles in residential
zones, they should incentivize them with easier process.
As I explained last week, these types of facilities have limited capacity/collocation
opportunity, meaning that more of these sites would be necessary to fill gaps in a
network. Requiring carriers to split up sites, disguising them with expensive designs
(both cost and network optimization) and then penalizing carriers with a CUP for
each one is not workable. It also creates a perverse incentive — carriers would likely
submit for their optimal design (monopoles) every time because there is no
advantage to go with a more stealth option up front. A carrier wouldn't have any
idea what type of camouflage is acceptable until the final decision
from the Hearings Examiner is made, regardless of the opinion/recommendation of
staff.
I suggest changing the code language such that more extensive "camouflage"
designs (stealth trees, flagpoles, light poles, etc.) in residential zones would only
require administrative permits. It is important to note that public notice through
SEPA would still be required. Non -stealth camouflage designs would require a
conditional use permit in residential zones. The process in historic areas is
unchanged — a CUP would required for all site designs.
Some other miscellaneous changes:
o A variance shouldn't be required for all of the FCC definitions of "substantial change" under
6409. For example, adding more than 4 equipment cabinets inside an existing compound
does not otherwise require zoning permits at all. Accordingly, I suggested limiting the
variance for substantial changes in height only (>20' above an existing tower).
o Height — I suggest increasing the base height in residential/downtown zones to 75'. 60' is too
low to provide for collocation (the second carrier on the tower would be at the 45'
elevation).
We appreciate your consideration of these changes. Please let me know if you have any questions.
Best regards,
Ken Lyons
Jurisdictional Relations Director, PNW
Busch Law Firm PLLC
(206) 227-0020 mobile
(425) 483-1070 fax
ke a-j�yc ! s ' m l ssc_qunsel.conn
FOR'1'11E
Chapter 15.29
WIRELESS COMMUNICATIONS FACILITIES
Sections:
15.29.010
Purpose.
15.29.020
Definitions.
15.29.030
Exemptions.
15.29,035
Modification of Existing Wireless Tower or Base Station,
15.29.040
Site selection criteria.
15.29.045
Protected areas.
15,29.050
Priority of locations..
15.29.060
Siting priority on public property.
15.29.070
Required submittals and testing,
15.29.080
Co -location,
15.29.090
Design criteria.
15.29.100
Permits required.
15.29 110
Inspection requirements,.
15.29.120
Non-use/abandonment,
15.29.130
Third party review.
15.29.140
Conditional use permits — Procedures — Conditions for granting,
15.29.150
Conditional use permits — Effect of hearing examiner decision.
15 29.160
Application form.
15.29.170
Filing fees.
15.29.180
Notice of hearing — Conditional use permits.
15.29.190
Reapplication,
15„29.200
Transfer of ownership.
15.29.210
Vacation of permits.
15.29.220
Violation — Penalty.
15.29.230
Relief, Waiver, Exemption.
15.29.240
Severability.
15.29.010 Purpose.
A. The purpose of this chapter is to establish general guidelines for the siting of towers and antennas.
The goals of this chapter are to:
1. Enhance the ability of personal wireless service providers to provide such services
throughout the city quickly, effectively, and efficiently;
1
2. Encourage personal wireless service providers to locate towers and antenna in
nonresidential areas;
3. Encourage personal wireless service providers to co -locate on new and existing tower sites;
4. Encourage personal wireless service providers to locate towers and antennas, to the extent
possible, in areas where the adverse impact on city residents is minimal;
5. Encourage personal wireless service providers to configure towers and antennas in a way
that minimizes any significant adverse visual impact; and
6. Provide for the wireless communications needs of governmental entities,
Accordingly, the city council finds that the promulgation of this chapter is warranted and necessary:
1, To manage the location of towers and antennas in the city;
2. To protect residential areas and land uses from potential adverse impacts of towers;
3. To minimize adverse visual impacts of towers through careful design, siting, landscape
screening, and innovative camouflaging techniques;
4. To accommodate an increased need for towers to serve the wireless communications needs
of city residents;
5. To promote and encourage co -location on existing and new towers as an option rather than
construction of additional single -use towers, and to reduce the number of such structures
needed in the future;
6. To consider the public health and safety of towers to the extent permitted by the
Telecommunications Act of 1996; and
7. To avoid potential damage to adjacent properties through sound engineering practices and
the proper siting of antenna support structures.
B, New Uses. All new antennas shall comply with this chapter after the effective date of the ordinance
codified in this chapter..
C, Existing Uses, All towers and antennas existing on the effective date of the ordinance codified in this
chapter that are not in compliance with this ordinance shall be allowed to continue as they presently exist,
but will be considered nonconforming uses. Routine maintenance shall be permitted on existing towers
and antennas. However, new construction other than routine maintenance on existing towers, antennas,
buildings or other facilities shall comply with the requirements of this chapter.
2
1. These standards were developed to protect the public safety and welfare, to protect property
values and minimize visual impact while furthering the development of enhanced
telecommunication services in the city and providing for wireless communications necessary for
governmental purposes. These standards were designed to comply with the
Telecommunications Act of 1996, The provisions of this chapter are not intended to and shall not
be interpreted to prohibit or to have the effect of prohibiting personal wireless services. This
chapter shall not be applied in such a manner as to unreasonably discriminate between
providers of functionally equivalent personal wireless services.
2. To the extent that any provision of this chapter is inconsistent or conflicts with any other city
ordinance this chapter shall control. Otherwise, this chapter shall be construed consistently with
the other provisions and regulations of the city.
3. The city shall approve, approve with conditions, or deny the application in accordance with
the time frames set forth in Title 16 YMC, Administration of Development Permit Regulations,
and in accordance with other applicable ordinances,
15.29.020 Definitions.
For the purpose of this chapter, the following terms shall have the meaning ascribed to them below:
"Abandonment" means to cease operation for a period of sixty or more consecutive days.
"Administrator" means the director of the city's department of community development and his or her
designees.
"Antenna" means any exterior apparatus designed for telephonic, radio, data, internet, or television
communications through the sending and/or receiving of electromagnetic waves, and includes equipment
attached to a tower, structure or building for the purpose of providing wireless services, including
unlicensed wireless telecommunications services, wireless telecommunications services utilizing
frequencies authorized by the Federal Communications Commission for "cellular," "enhanced specialized
mobile radio" and "personal communications services," telecommunications services, and its attendant
base station.
"Antenna height" means the vertical distance measured from the base of the antenna support structure at
natural grade to the highest point of the structure even if said highest point is an antenna. Measurement
of tower height shall include antenna, base pad, and other appurtenances and shall be measured from
the natural grade of the parcel at the lowest elevation point of the support structure's perimeter. "Antenna
support structure" means any pole, telescoping mast, tower, tripod, or other structure which supports a
device used in the transmitting or receiving of radio frequency signals.
3
"Applicant" means any provider or any person, partnership, company, or government agency that files an
application for any permit necessary to install, maintain, or remove a personal wireless service facility
within the city,
"Balloon test" means A test for a reasonable period of time to fly, or raise upon a temporary mast, a
brightly colored balloon, that is representative in size of the initial antenna array including all standoffs, at
the maximum height of the proposed tower No trees shall be removed to conduct the balloon test,
"Base station" is defined as a facility or structure consisting of radio transceivers, antennas, coaxial
cable, a regular and backup power supply, and other associated electronics, including a structure that
currently supports or houses an antenna, transceiver, or other associated equipment that constitutes
part of a base station, and encompasses such equipment in any technological configuration, including
distributed antenna systems and small cells.
"Camouflage" means to minimize adverse aesthetic and visual impacts on the land, property, buildings,
and other facilities adjacent to, surrounding, and in generally the same area as the requested location of
such wireless telecommunications facilities, which shall mean using the least visually and physically
intrusive facility that is not technologically or commercially impracticable under the facts and
circumstances, The term includes, without limitation: (a) the use of structures, design, colors,
landscaping and location to disguise, hide, blend, or integrate with an existing structure that is not a
monopole or tower; (b) placement of a wireless facility or component thereof within an existing or new
structure; (c) "stealth structures" in which the antenna or other wireless facility component is disguised or
concealed within a structure designed to appear as another structure (such as a church steeple of
flagpole) or another natural form (such as a tree, rock or other natural feature); and (d) placement of a
wireless facility or component thereof upon a site where the topography and existing trees, landscaping,
evergreen trees, design, and colors of the facility so that such facility is significantly screened from view
or designed to resemble or blend with surrounding natural features.
"Cell site," or "site" means a tract or parcel of land that contains wireless service facilities Including any
antenna, support structure, accessory buildings, and parking, and may include other uses associated with
and ancillary to personal wireless services.
"City" means the city of Yakima.
"City property" means all real property owned by the city whether in fee ownership or other interest.
"Co -location" means the use of a personal wireless service facility or cell site by more than one wireless
service provider,
"Commercial impracticability" or "commercially impracticable" means the inability to perform an act on
terms that are reasonable in commerce; the cause or occurrence of which could not have been
reasonably anticipated or foreseen and that jeopardizes the financial efficacy of the project. The inability
to achieve a satisfactory financial return on investment or profit, standing alone, shall not deem a situation
to be "commercial impracticable" and shall not render an act or the terms of an agreement "commercially
impracticable."
"Conditional use permit" or "CUP" means a process and approval as described in this chapter and in YMC
Title 15, Yakima Urban Area Zoning Ordinance
"COW" means "cell on wheels," A cell on wheels or other temporary wireless communications facility.
"Design" means the appearance of wireless service facilities, including such features as their materials,
colors, and shape.
"EIA" means the Electronics Industry Association.
"Equipment enclosure" means a structure, shelter, cabinet, or vault used to house and protect the
electronic equipment necessary for processing wireless communication signals. Associated equipment
may include air conditioning, backup power supplies and emergency generators.
"Excess capacity" means the volume or capacity in any existing or future duct, conduit, manhole,
handhold or other utility facility within the right-of-way that is or will be available for use for additional
telecommunications facilities.
"Facilities" means all of the plant, equipment, fixtures, appurtenances, antennas, and other facilities
necessary to furnish and deliver telecommunications services and cable television services, including but
not limited to poles with crossarms, poles without crossarms, wires, lines, conduits, cables,
communications and signal lines and equipment, braces, guys, anchors, vaults, and all attachments,
appurtenances, and appliances necessary or incidental to the distribution and use of telecommunications
services and cable television services.
"FCC" or "Federal Communications Commission" means the federal administrative agency, or lawful
successor, authorized to regulate and oversee telecommunications carriers, services and providers on a
national level.
"Governing authority" means the city council of the city of Yakima.
"Governmental entity" means the state of Washington, Yakima County, the city, municipally owned
utilities, and special purpose districts including the school, fire and library districts.
"Hearings examiner" means the duly appointed hearings examiner of the city.
5
"Modification" or "modify" means, the addition, removal or change of any of the physical and visually
discernable 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 discernable
components, vehicular access, parking and/or an upgrade or changeout of equipment for better or more
modern equipment Adding a new wireless carrier or service provider to a telecommunications tower or
telecommunications site as a co -location is a modification. A modification shall not include the
replacement of any components of a wireless facility where the replacement is identical to the component
being replaced or for any matters that involve the normal repair and maintenance of a wireless
telecommunications facility without adding, removing or changing anything.
"Mount" means the structure or surface upon which personal wireless service facilities are mounted.
There are three types of mounts:
A. Building Mounted. A personal wireless service facility mount fixed to the roof or side of a
building,
B. Ground Mounted. A personal wireless service facility mount fixed to the ground, such as a
tower.
C. Structure Mounted. A personal wireless service facility fixed to a structure other than a
building, such as light standards, utility poles, and bridges.
"Occupy" means to construct, install, maintain, own, or operate telecommunications facilities located
within city rights-of-way. The mere passage of electronic signals over, under, or through rights-of-way via
telecommunications facilities owned by another telecommunications provider does not constitute
occupying the rights-of-way.
"Overhead facilities" means utility facilities and telecommunications facilities located above the surface of
the ground, including the underground supports and foundations for such facilities.
"Person" means corporations, companies, associations, joint stock companies, firms, partnerships, limited
liability companies, other entities and individuals.
"Personal wireless service," "wireless service facilities," "wireless facilities" and "facilities" used in this title
shall be defined in the same manner as in Title 47, USC, Section 332(c)(7)(C), as they may be amended
now or in the future, and includes facilities for the transmission and reception of radio or microwave
signals used for communication, cellular phone, personal communications services, enhanced
specialized mobile radio, and any other wireless services licensed by the FCC and unlicensed wireless
services.
6
"Protected areas" are: (a) established federal, state or local historic districts or historic district overlay
zones; (b) proposed federal, state or local historic districts or historic district overlay zones filed for record
with the federal, state or local agency with jurisdiction (hereafter "pending" historic district or overlay
zones); (c) sites, buildings, structures or objects listed in the National Register of Historic Places; (d) state
and local wildlife refuges, and permanently protected archeological sites; and (e) designated areas
subject to preservation or protection through recorded conservation easement.
"Provider" means every corporation, company, association, joint stock company, firm, partnership, limited
liability company, other entity and individual that provides personal wireless service over wireless service
facilities.
"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 discernable components or aspects of a wireless facility that will add to the visible appearance of
the facility as originally permitted.
"Rights-of-way" means land acquired or dedicated for public roads and streets, as further defined in
15.02.020, but does not include (a) land dedicated for roads, streets, and highways not opened and not
improved for motor vehicle use by the public; (b) structures, including poles and conduits, located within
the right-of-way; or (c) federally granted railroad rights-of-way acquired under 43 USC, Section 912, and
related provisions of federal law, that are not open for motor vehicle use.
"Right-of-way use permit" means the authorization by which the city grants permission to a service
provider to enter and use the right-of-way at a specific location for the purpose of installing, maintaining„
repairing, or removing identified facilities.
"Screening" means a continuous fence and/or evergreen landscaped planting that conceals the property it
encloses.
"Service provider"means every corporation, company, association, joint stock association, firm,
partnership, person, city, or town owning, operating or managing any facilities used to provide and
providing telecommunications or cable television services for hire, sale, or resale to the general public.
Service provider includes the legal successor to any such corporation, company, association, joint stock
association, firm, partnership, person, city or town.
"Small cell" means low -powered it na.rs stt,I Vk v taa.,iWia s that operate in licensed and unlicensed
spectrum that have a .ciiiiallK a ,range rofiipared to a mobile rtnecroce Srnalt cell technology
accommodates mobJle �aayVw(. a i ofd'lp dwrtg, as a means to achieve more efficient use of radio spectrum
2r) fffi wfl,�ar�tiPdl
," g phk anoa, Small cells generally reduce the cell size radius, and place the cell sites
closer to each other, resulting in a more densely packed network of smaller cells, Outdoor small cells
IncOwde'fi'errntocerlllls, pic,ocefll1as and rrdc,roc0s, S malll celHs do rnol olt vm a4e the need for 000racroceflls and a711re
shalll not be used as an allternaaJve wh,eeiro emrrtkaiahng alpliAcabons for rnnracroce rills.
"State" means the state of Washington,
"Surplus space" means that portion of the usable space on a utility pole which has the necessary
clearance from other pole users, as required by the orders and regulations of the Washington Utilities and
Transportation Commission, to allow its use by a telecommunications carrier for a pole attachment.
"Secondary use" means a use subordinate to the principle use of the property, such as commercial,
residential, utilities, etc,
"Security barrier" means a wall, fence, or berm that has the purpose of sealing a personal wireless
service facility from unauthorized entry or trespass.
"Telecommunications carrier" includes every person that directly or indirectly owns, controls, operates or
manages plant, equipment or property within the city, used or to be used for the purpose of providing
telecommunications services to locations outside the city.
"Telecommunications service" means transmission of information, except cable television service, by
wire, radio, optical cable, electromagnetic, or other similar means, for hire, sale, or resale to the general
public. For the purposes of definition "information" means knowledge or intelligence represented by any
form of writing, signs, signals, pictures, sounds, or any other symbols. Telecommunications service
excludes the over -the air transmission of broadcast television or broadcast radio signals, facilities
necessary for governmental purposes, The city shall act on an application within a reasonable period of
time, taking into account the nature and scope of the application. Any decision to deny an application
shall be in writing, supported by substantial evidence contained in a written record. The city shall approve,
approve with condition, or deny the application in accordance with the time frames set forth in 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 structure that is designed and constructed primarily for the purpose of supporting one
or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term
encompasses personal wireless service facilities including radio and television transmission towers,
microwave towers, common -carrier towers, cellular telephone towers or personal communications
services towers, alternative tower structures, and the like. "Tower" also includes any structure built for the
sole or primary purpose of supporting FCC -licensed antennas and their associated facilities.
"Underground facilities" means utility and telecommunications facilities located under the surface of the
ground, excluding the underground foundations or supports for overhead facilities,
"Usable space" means the total distance between the top of a utility pole and the lowest possible
attachment point that provides the minimum allowable vertical clearance as specified in the orders and
regulations of the Washington Utilities and Transportation Commission.
"Utility facilities" means the plant, equipment and property including, but not limited to, the poles, pipes,
mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the
ground within rights-of-way and used or to be used for the purpose of providing utility or
telecommunications services.
"Unlicensed wireless services" means commercial mobile services that operate on public frequencies and
do not need an FCC license,.
15.29.030 Exemptions.
The following are exempt from the provisions of this chapter and shall be permitted in all zones
A. Industrial processing equipment and scientific or medical equipment using frequencies regulated by
the FCC.
B. Antennas and related equipment no more than ten feet in height that are being stored, shipped, or
displayed for sale.
C, Radar systems for military and civilian communication and navigation.
D. Wireless radio utilized for temporary emergency communications in the event of a disaster,
E. Licensed amateur (ham) radio stations.
F. Satellite dish antennas less than two meters in diameter, including direct to home satellite services,
when used as a secondary use of the property.
G. Routine maintenance, replacement or repair of a personal wireless service facility and related
equipment that does not constitute a modification, provided that compliance with the standards of this
chapter is maintained,. Structural work or changes in height, type or dimensions of antennas, towers, or
buildings are subject to the provisions of 15„29.035 .
H. Subject to compliance with all other applicable standards of this chapter, a building permit application
need not be filed for emergency repair or maintenance of a personal wireless service facility until thirty
days after the completion of such emergency activity.
9
L 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
I Telecommunications facilities of the City located upon City property and public utility poles and
fixtures.
15.29.035 Modification of Existing Wireless Tower or Base Station.
Pursuant to 47 U.S.0 Section 1455(a), any request from an eligible facility for modification of an existing
wireless tower or base station, which modification consists of a request for co -location, removal, or
replacement of transmission equipment, that does not substantially change the physical dimensions of
such tower or base station shall be administratively processed and approved. This section states
provisions and procedures applicable to (a) requests for modifications that do not substantially change
the physical dimensions of an existing wireless tower or base station, and (b) requests for modifications
that substantially change the physical dimensions of an existing wireless tower or base station
A. Definition of 11111111`sub....tantual_c_hang .
A "substantial change in the physical dimensions" occurs if:
(a) the mounting of the proposed antenna on the tower would increase the existing height
of the tower by more than 10%, or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed twenty feet, whichever is
greater, except that the mounting of the proposed antenna may exceed the size limits set
forth in this paragraph if necessary to avoid interference with existing antennas; or
(b) the mounting of the proposed antenna would involve the installation of more than the
standard number of new equipment cabinets for the technology involved, not to exceed
four, or more than one new equipment shelter; or
(c) the mounting of the proposed antenna would involve adding an appurtenance to the
body of the tower that would protrude from the edge of the tower more than twenty feet,
or more than the width of the tower structure at the level of the appurtenance, whichever
is greater, except that the mounting of the proposed antenna may exceed the size limits
set forth in this paragraph if necessary to shelter the antenna from inclement weather or
to connect the antenna to the tower via cable; or
(d) the mounting of the proposed antenna would involve excavation outside the current
tower site, defined as the current boundaries of the leased or owned property
surrounding the tower and any access or utility easements currently related to the site.
10
B. Application„ Any eligible facility requesting modification of an existing wireless tower or base station,
which modification consists of a request for co -location, removal, or replacement of transmission
equipment, shall submit an application, on a form provided by the City, for a modification permit. The
application shall include the following:
(1) The name, address, signature and contact information of the applicant, and identification of
relationship to any FCC licensee of the affected facility;
(2) Site plan or schematic drawing showing the current location and dimensions of the wireless
tower and base station, drawn to scale;
(3) Site plan and schematic drawing, drawn to scale, showing the location and dimensions of the
requested modification to the wireless tower and/or base station;
(4) A computation and description of the proposed modification establishing whether or not such
modification constitutes a substantial change in the physical dimensions of the existing facility;
and
(5) Any other information deemed necessary or appropriate by the City to assist in the timely
processing of the application.
C R vle,ytf�afPILlipption Determination of Subslandat Change, Within 45 days of receipt of a complete
application for modification, the administrator shall review and issue a written determination as to whether
the requested modification constitutes (a) a substantial change to the physical dimensions of an existing
wireless tower or base station, or (b) no substantial change to the physical dimensions of an existing
wireless tower or base station. The administrator may request additional information from the applicant or
any other entity to assist in this determination, To facilitate expeditious review, the applicant and
administrator, if feasible, nay conduct a preapplication meeting.,
(1) Modi_fcatl_on fermi ;tn�na�c1 q_.(�Iq tads tarltpall_.t' hang . If the administrator determines
that such application establishes that such requested modification does not substantially change
the physical dimensions of an existing wireless tower or base station, he shall issue a
modification permit. Issuance of such modification permit shall authorize issuance of any
necessary and appropriate building permits to accomplish such modification, subject to payment
by applicant of applicable permit fees and compliance with applicable permit requirements.
Issuance of all required permits shall occur within 90 days after receipt and approval of a
complete application for a modification permit. The administrator may impose conditions
necessary to achieve compliance with the provisions of this section.
(2) 4ppYi atjo - Finding of, Substantial Ma nge, If the administrator determines that such
application constitutes a substantial change to the physical dimensions of an existing wireless
11
Deleted: willUi oMIII wm 1 1191,gVVlITM 1III
tower or base station, he shall issue a written decision and deliver such decision to the applicant.
Any modification that substantially changes the physical dimensions of an existing wireless tower
or base station shall be subject to the applicable permit and application requirements of this
chapter
D. p,p qq!s. The decision of the administrator shall constitute an administrative decision subject to
appeal pursuant to Chapter 16.08 YMC.
15.29.040 Site selection criteria.
A. Any applicant proposing to construct an antenna support structure, or mount an antenna on an
existing structure, shall evaluate different sites within a one-quarter mile radius to determine which site
will provide the best screening and camouflaging while providing adequate service to satisfy its function in
the applicant's system. If the applicant proposes a site that does not provide the best opportunities for
screening and camouflaging then the applicant must demonstrate by engineering evidence why the
facility cannot be located at the site where it can be best screened and camouflaged and why the antenna
must be located at the proposed site, Further, the applicant must demonstrate by engineering evidence
that the height requested is the minimum height necessary to fulfill the site's function.
B, Applications for necessary permits will only be processed when the applicant demonstrates either
that it is an FCC -licensed telecommunications provider or that it has agreements with an FCC -licensed
telecommunications provider for use or lease of the support structure.
C, Small cell installations and other low power mobile radio service facilities shall be located and
designed to minimize any significant adverse impact on residential property values. Facilities shall be
placed in locations where the existing topography, vegetation, buildings, or other structures provide the
greatest amount of camouflage.
D. In all zones, location and design of facilities shall consider the impact of the facility on the
surrounding neighborhood and the visual impact within the zone district, In all zones, towers shall be
camouflaged using the least visually and physically intrusive facility that is not technologically or
commercially impracticable under the facts and circumstances,
15.29.045 Protected areas.
Protected areas are: (a) established federal, state or local historic districts or historic district overlay
zones; (b) proposed federal, state or local historic districts or historic district overlay zones filed for record
with the federal, state or local agency with jurisdiction (hereafter "pending" historic district or overlay
zones); (c) sites, buildings, structures or objects listed in the National Register of Historic Places; (d) state
and local wildlife refuges, and permanently protected archeological sites; and (e) designated areas
12
subject to preservation or protection through recorded conservation easement, Except as provided in
15,29 050, antennas and antenna support facilities are not permitted in or within 300 feet of any protected
area.
15.29.050 Priority of locations.
The order of priorities for locating new personal wireless service facilities shall be as follows:
A. Co -location. Co -locate antennas, towers and related structures on existing antennas, towers and
facilities in accordance with 1529,035 and 15.29.080.
.B 6diii t� _ � roK instaila',tion�s ,)Jiik. t>q!p installations shall be allowed in all zoning districts of the City
except protected areas on the following structures, subject to the conditions stated:
atrej aatility r�6es vfwt)�aa1 puha,@t� rpclht c�,E y�ay.
(a), Only one facility shall be permitted on any street pole.
c) Where a utility located upon the support structure (such as a street or
utility pole) reguires vertical separation between its facilities and the
antenna(s), the structure/pole and antenna may be raised by a mount to
accommodate the minimum separation reguirement, not to exceed 30
feet. Any additions shall be constructed of similar materials, and shall
have surface treatments which match the color and texture of the original
facility.
(d) Approval of installation upon street utility poles is subject to any existing utility franchise
requirements, applicable standards and rules of the WUTC, and limitations concerning use of
such poles. The City may further require a right-of-way use permit for such installations.
2. rlectrlc taasn_flssptam towers pratigbly.Ns +taslda fbllr mpghts q(-.or.y. Where a utility
located upon the support structure (such as a street or utility pole) requires vertical separation
between its facilities and the antenna(s), the structure/pole and antenna may be raised by a
mount to accommodate the minimum separation reguirement, not to exceed 30 feet. Any
additions shall be constructed of similar materials, and shall have surface treatments which match
the color and texture of the original facility. Approval of installation upon street utility poles is
subject to any existing utility franchise requirements, applicable standards and rules of the
WUTC, and limitations concerning use of such poles.
C. Public property. Place antennas and towers on public property as further described in 15.29,060
where such antennas, towers and related facilities are disguised by camouflage measures approved by
the administrator..
13
leletedr�Sm�acellf�°ru
Deleted:
Small cell I
Comment [2]: Small cells on utility poles don't
look much different that macrocells on utility poles.
The only real difference is whether equipment is
small enough to be mounted to the pole itself, or if
it needs to be placed in the adjacentproperty. The
biggest concern placing "small cells" in the priority
of locations is that we'd have to provide why we
couldn't deploy a small cell network when
evaluating the need for a new macrocell.. As I noted i
in the definitions, small calls do not obviate the
need for macrocells and should be used as an
alternative tojust a macrocell application„ j
D. lxisfl"rQg..rught§taf:Wpy ,a"rnd slak,JCh aoS _Umrt�dU.S 1_ at, and cotiii iiercda9 zo.rllriy Oistricts. Place antennas,
towers and related facilities on appropriate rights-of-way and existing structures, such as buildings,
towers, and water towers, in the industrial and commercial zoning districts, where such antennas, towers
and related facilities are disguised by camouflage measures approved by the administrator,
E.. tridustri,al xo,ning rtistricts. Place antennas, towers and related facilities on properties in the industrial
zoning districts where such antennas, towers and related facilities are camouflaged as approved by the
administrator. Antennas, towers and related facilities on properties in the industrial zoning districts,
which proposed antennas, towers and/or related facilities are located within 300 feet from residential
zoned districts, shall be approved by the administrator, subject to camouflage deemed appropriate by the
administrator, Antennas, towers and related facilities on properties in the industrial zoning districts, which
proposed antennas, towers and related facilities are located within 300 feet from a protected area require
a conditional use permit with camouflage deemed appropriate.
F. Local, Buslness_Dstnct _@-
i2) end..Large Convenience Center (LCC) zoning districts. Place antennas
and towers in districts zoned Local Business District (B-2) and Large Commercial Center (LCC), subject
to the following conditions:
1. Antennas, antenna support structures and towers located within the Local Business District
(B-2) or Large Commercial Center (LCC) districts shall be placed if fx sHiblo, no closer than 300
feet from residential zoned districts and no closer than 300 feet of a protected area let dpossible
ossibie
application to locate a new antenna, antenna support structure or tower within the B-2 or LCC
districts, and more than 300 feet from residential zoned districts and more than 300 feet from a
protected area may approved by the administrator, subject to the administrator's approval of
camouflage.
2. An applicant that wishes to locate a new antenna, antenna support structure or tower within
the B-2 or LCC districts, and within 300 feet from residential zoned districts or within 300 feet of a
protected area, shall demonstrate that a diligent effort has been made to locate the proposed
communications facilities on a site, private institutional structure, or other appropriate existing
structures more than 300 feet from residential zoned districts or more than 300 feet from a
protected area within a quarter -mile radius of the proposed site, and that due to valid
considerations including physical constraints, and technological feasibility, no more appropriate
location is available. Such antennas, towers and related facilities may approved by the
administrator, subject to the administrator's approval of camouflage. Such proposed structures
are also subject to the balloon test and/or visual impact assessment requirements of 15.29.070 in
order to assist the administrator in determining appropriate camouflage"
G. Residential zoned districts. Except for,r..[iIjIy,pqIo installations permitted in the residential zoned t t! d"! ,Yiuuomi „ f
districts as set forth in subsection B above, applications to place antennas and towers in residential �w. w w u'tf
Deleted: small cell
zoning districts or within 300 feet of residential zoned districts, other than within the B-2 and LCC zoning
districts as provided in subsection F above, shall be subject to the following conditions:
14
1. An applicant that wishes to locate a new antenna support structure in a residential zone, or
within 300 feet of residential zoned districts, shall demonstrate that a diligent effort has been
made to locate the proposed communications facilities on a government facility, a private
institutional structure, or other appropriate existing structures within a nonresidential zone within
a quarter -mile radius of the proposed site, and that due to valid considerations including physical
constraints, and technological feasibility, no more appropriate location is available„
2. Applicants are required to demonstrate: (i) that they have contacted the owners of structures
in excess of thirty feet within a one-quarter mile radius of the site proposed and which from a
location standpoint could meet the coverage/capacity objectives of the facility in the applicant's
network; (ii) have asked for permission to install the antenna on those structures; and (iii) were
denied permission of use for reasons other than the ability or refusal of the applicant to pay a
market rate for use of the alternative structures.
3. The information submitted by the applicant shall include (i) a map of the area to be served
by the tower or antenna, (ii) its relationship to other cell sites in the applicant's network, and (iii)
an evaluation of existing buildings taller than 30 feet, within one-quarter mile of the proposed
tower or antenna which from a location standpoint could provide part of a network to provide
transmission of signals.
4. The proposed antenna, tower and antenna support structure is camouflaged.
H,. Protected areas. Place antennas and towers in or within 300 feet of a protected area, other than
within the B-2 and LCC zoning districts as provided in subsection E above, subject to the following
conditions:
1. Antennas and towers facilities proposed to be located in or within 300 feet of an established
or pending federal, state or local historic district or historic district overlay, are facilities that may
affect districts, sites, buildings, structures or objects, significant in American history, architecture,
archeology, engineering or culture, that are listed, or are eligible for listing, in the National
Register of Historic Places. (See 16 U.S.C, 470w(5); 36 CFR part 60 and 800,). Applicant shall
comply with applicable provisions of the National Environmental Policy Act (NEPA), including but
not limited to the Environment Assessment provisions of 47 C.F.R, 1.1307, et seq. and comply
with any mitigations imposed therein..
2. An applicant that wishes to locate a new antenna support structure in or within 300 feet of
an a protected area, shall demonstrate that a diligent effort has been made to locate the
proposed communications facilities on a government facility, a private institutional structure, or
other appropriate existing structures or site outside and more than 300 feet from a protected
area, and that due to valid considerations including physical constraints, and technological
feasibility, no more appropriate location is available.
15
3, Applicants are required to demonstrate: (i) that they have contacted the owners of structures
in excess of thirty feet within a one-quarter mile radius of the site proposed and which from a
location standpoint meet the coverage/capacity objectives of the facility in the applicant's
network; (ii) have asked for permission to install the antenna on those structures; and (iii) were
denied permission of use for reasons other than the ability or refusal of the applicant to pay a
market rate for use of the alternative structures.
4. The information submitted by the applicant shall include (i) a map of the area to be served
by the tower or antenna, (ii) its relationship to other cell sites in the applicant's network, and (iii)
an evaluation of existing buildings taller than 30 feet, within one-quarter mile of the proposed
tower or antenna which from a location standpoint could provide part of a network to provide
transmission of signals,
5. Antennas and towers facilities proposed to be located in an established or pending federal,
state or local historic district, historic district overlay, or other protected area, are subject to
review by the district's or organization's governing body or assigned committee regarding
recommendations for camouflage and landscaped sight -screening elements.
6. The proposed antenna, tower and antenna support structure is camouflaged.
15.29.060 Siting priority on public property.
A, Where public property is sought to be utilized by an applicant, priority for the use of government-
owned land for wireless antennas and towers will be given to the following entities in descending order:
1. City of Yakima, except that any facilities proposed for location within the Airport Safety
Overlay (ASO) are further subject to the limitations and requirements of Chapter 15.30 YMC;
2. Public safety agencies, including law enforcement, fire and ambulance services, which are
not part of the city of Yakima and private entities with a public safety agreement with the city of
Yakima;
3. Other governmental entities, for uses that are not related to public safety; and
4, Entities providing licensed commercial wireless telecommunication services including
cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced
specialized mobilized radio (ESMR), data, internet, paging, and similar services that are
marketed to the general public.
B. The placement of wireless service facilities on city -owned property is subject to the discretion and
approval of lease terms that are acceptable to the city and must comply with the following requirements:
1. The facilities will not interfere with the purpose for which the city -owned property is intended;
16
Z The facilities will have no significant adverse impact on surrounding private property, or any
significant adverse impact is mitigated by screening, camouflage or other condition required by
city;
3. The applicant shall obtain adequate liability insurance naming the city as loss payee and
commit to a lease agreement that includes equitable compensation for the use of public land and
other necessary provisions and safeguards. The city shall establish fees after considering
comparable rates in other cities, potential expenses, risks to the city, and other appropriate
factors;
4. The applicant will submit a letter of credit, performance bond, or other security acceptable to
the city to cover the costs of removing the facilities;
5. The lease shall provide that the applicant must agree that in the case of a declared
emergency or documented threat to public health, safety or welfare and following reasonable
notice the city may require the applicant to remove the facilities at the applicant's expense,
Telecommunication facilities serving essential government services and other government
agencies shall have priority over other users,
6. The applicant must reimburse the city for any related costs that the city incurs because of
the presence of the applicant's facilities;
7. The applicant must obtain all necessary land use approvals; and
8. The applicant must cooperate with the city's objective to encourage co -locations and thus
limit the number of cell sites requested.
C. Special Requirements for Parks The use of city -owned parks for personal wireless service facilities
brings with it special concerns due to the unique nature of these sites. The placement of personal
wireless service facilities in a park will be allowed only when the following additional requirements are
met:
1. The city parks commission has reviewed and made a recommendation regarding proposed
personal wireless service facilities to be located in the park and this recommendation has been
forwarded to the city council for consideration and approval;
2.. In no case shall personal wireless service facilities be allowed in designated critical areas
(except aquifer recharge areas) unless they are co -located on existing facilities;
3. Before personal wireless service facilities may be located in public parks, visual impacts and
disruption of normal public use shall be mitigated;
4, Personal wireless service facilities may be located in public parks that are adjacent to an
existing commercial or industrial zone;
17
5. Personal wireless service facilities may be located in park maintenance facilities.,
15.29.070 Required submittals and testing.
Required submittals include:
A. If the applicant is not the landowner, applicant shall provide an authorization from the landowner to
submit for permits on the landowner's behalf. If any applicant is a corporation, trust, association, or other
organized group or legal entity, it shall provide the date of such creation, and, if a foreign corporation, a
copy of the certificate of authority filed with the state of Washington, Secretary of State's Office.
B. An affidavit signed by the applicant, landowner (co -applicant), and the antenna support structure
owners, if different, indicating that:
1. They agree to dismantle and remove the WCF/antenna support structure and restore the
site to its approximate original pre -structure condition within the applicable time limits set forth in
YMC 15.29.120 following receipt of a letter from the city indicting that the facility is deemed
abandoned or in violation of this chapter; and,
2. In the case of freestanding /antenna support structures, they consent to co -location, at
reasonable terms, of as many antennas and related equipment as feasible, including those of
other communication providers, on the applicant's structure/site.
C, Complete application for conditional use permit, including State Environmental Policy Act (SEPA)
checklist if required,
D. A "balloon test" is required for any application requiring a conditional use permit or variance (except
for proposed viii kyj,,,)+a1e installations). In order to better inform the public the applicant shall, prior to the
public hearing on the application, hold a balloon test, The applicant shall arrange to fly, or raise upon a
temporary mast, a brightly colored balloon, that is representative in size of the initial antenna array
including all standoffs, at the maximum height of the proposed tower. The dates, (including a second
date, in case of poor visibility on the initial date) times and location of this balloon test shall be advertised
by the applicant seven (7) and fourteen (14) days in advance of the first test date in a newspaper with a
general circulation in the City. The applicant shall inform the City, in writing, of the dates and times of the
test, at least fourteen (14) days in advance. The balloon shall be flown for at least four consecutive hours
sometime between 7:00 am and 4:00 pm on the dates chosen. The primary date shall be on a weekend,
but in case of poor weather on the initial date, the secondary date may be on a weekday, No trees shall
be removed to conduct the balloon test. A report with pictures from various locations of the balloon shall
be provided with the application. Photos of the balloon test from three (3) locations located approximately
three hundred feet from the base of the proposed tower and spaced evenly in a circumference around the
18
- I U h®
u u o e hi
eleted: small cell
proposed tower, and three (3) locations located approximately one-quarter mile from the base of the
proposed tower shall be submitted within two weeks after the commencement of the balloon test;
City may also post notice at a location or locations deemed appropriate by the city, and will provide
notice to the governing body of any affected historic district association or organization. Additionally, and
without limitation, the city may use any other means deemed advisable to provide advance notice to the
public. E, Other related requests may include any combination of site plans, surveys, maps, technical
reports, or written narratives necessary to convey the information required by this chapter in addition to
any additional requirements of YMC Title 15, and other applicable ordinances;
F. A visual impact assessment with photo -simulation of the proposed facility is required for all
applications that require a conditional use permit or variance. As part of such application, unless waived
or modified for proposed tn6lWy installations,the applicant shall furnish, a visual impact assessment,,
which shall include: Ded
allt
cell
it i�h wi Iii w du �
(1) If a new tower or,E ubstantial modification increasing the height of an exnstirag structure is i -
De .a • ,
proposed, a computer generated "Zone of Visibility Map' at a minimum of one mile radius from the Dy eletiri ed: or -. l�U �
,
proposed structure, with and without foliage shall be provided to illustrate locations from which the
proposed installation may be seen.
(2) Pictorial representations of "before and after' (photo simulations) views from key viewpoints
within the Zone of Visibility.. Guidance will be provided, concerning the appropriate key sites at the pre -
application meeting fl ieflukeld. Provide a map showing the locations of where the pictures were taken
and distance from the proposed structure.
(3) A written description of the visual impact of the proposed facility including; and as applicable
the tower base, guy wires, fencing and accessory buildings from abutting and adjacent properties and
streets as relates to the need or appropriateness of camouflaging.
G. A site elevation and landscaping plan indicating the specific placement of the facility on the site, the
location of existing structures, trees, and other significant site features, the type and location of plant
materials used to camouflage the facility, and the proposed materials used to construct and color(s) of
the facility;
H. A signed statement indicating that (1) the applicant and landowner agree they will allow co -location
of additional personal wireless service facilities by other providers on the applicant's structure or within
�m„��
uch as the
Www
the same site location, subject to good faith negotiation of compensation according to market rates, and Deleted: s'Checklist to Determine
(2) the applicant and/or landlord agree to remove the facility within 90 days after abandonment; whether a a=acct qy is Cateor caty Excluded°
"�'”"all � uuuuum
I, Signed documentation�o verify that the wireless telecommunication facility with the proposed DeteteuduuuuIf not categorically excluded, a
complete RF Emissions study is required to
installation will be in full compliance with the current FCC RF Emissions guidelines (NIER).,, preavldd vercitucallo so
19
J. A signed statement that the proposed installation will not cause physical or RF interference with other
telecommunications devices;
K, A copy of the FCC license applicable for the intended use of the wireless telecommunications
facilities;
L. A site plan clearly indicating the location, type and height of the proposed tower or antenna support
structure and antenna, accessory buildings, fencing, landscaping, topographic contours of the site at two -
foot intervals, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed
means of access, setbacks from property lines, elevation drawings of the proposed tower; and all other
items required in this chapter;
M, A current map and aerial showing the location of the proposed tower, a map showing the locations
and service areas of other personal wireless service facilities operated by the applicant, or sites acquired
by applicant for the benefit of, or on behalf of, any other personal wireless service facility operator, and
those proposed by the applicant that are close enough to impact service within the city;
N. Legal description of the parcel, if applicable;
O. The approximate distance between the proposed tower and the nearest residential unit, platted
residentially zoned properties, and unplatted residentially zoned properties;
P. A landscape and irrigation plan showing specific landscape materials and irrigation system;
Q. Method of fencing, and finished color and, if applicable, the method of camouflage and illumination;
R. A letter signed by the applicant stating the tower will comply with all FAA regulations and EIA
Standards and all other applicable federal, state and local laws and regulations;
S, A statement by the applicant that the design of the tower will accommodate co -location of additional
antennas for future users;
T. The telecommunications company must demonstrate that it is licensed by the FCC if required to be
licensed under FCC regulations, and will meet FCC requirements;
U. The applicant, if not the telecommunications service provider, shall submit proof of lease agreements
with an FCC licensed telecommunications provider if such telecommunications provider is required to be
licensed by the FCC; and
V. At the time of site selection, the applicant shall demonstrate how the proposed site fits into its overall
network within the city.
20
W. A map showing the location of any properties that are within one-quarter mile of the proposed site
that are protected areas,
15.29.080 Co -location.
To minimize adverse visual impacts associated with the proliferation of towers, co -location of personal
wireless service facilities on existing or new towers is encouraged as follows:
A. Proposed facilities may, and are encouraged to, co -locate onto existing towers. Such co -location is
permitted by right and a new or additional conditional use permit approval is not required, unless
additional height or dimensions are proposed that constitute a substantial change to the tower and/or
base station pursuant to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012
Changes to towers and base systems that consitute a substantial change as defined by 15.29.035 are
subject to variance procedures and reasonable conditions to assure consistency with the policy, site
criteria, and camouflaging provisions contained in this chapter.
C, The city may deny an application to construct new facilities if the applicant has not shown by
substantial evidence that it has made a diligent effort to mount the facilities on an existing structure or
tower within one-quarter mile of the proposed facility.
D. To reduce the number of antenna support structures needed in the city in the future, new proposed
support structures shall be designed to accommodate antennas for more than one wireless service
provider, unless the applicant demonstrates why such design is not commercially practicable or is not
feasible for technical or physical reasons; or for aesthetic reasons necessary to preserve camouflaging or
stealth structures in residential or protected areas.
E. The applicant shall examine the feasibility of designing the proposed tower to accommodate future
demand for at least Av q (l;,) ladditional commercial applications, for example, future co -locations. The
tower shall be structurally designed to accommodate at least�wo r,2 additional antenna arrays equal to
those of the applicant, and located as close to the applicant's antenna as possible without causing
interference. This requirement may be waived, provided that the applicant, in writing, demonstrates that
the provisions of future shared usage of the tower is not technologically feasible, is commercially
impracticable or creates an unnecessary and unreasonable burden, based upon:
(1)The kind of wireless telecommunications facilities site and structure proposed;
(2) The number of existing and potential licenses without wireless telecommunications facilities
spaces/sites;
(3) Available space on existing and approved towers or other appropriate structures.
21
The owner of a proposed tower, and his/her successors in interest, shall negotiate in good faith for the
shared use of the proposed tower by other wireless service providers in the future, 11,7111"
I Formatted: Line spacing: 1 5 lines
Comment [4]: This isn't enforceable -AT&T (and
other carriers) already have Master license
F. All wireless service providers or lessees or agents thereof shall cooperate in good faith to agreements with the other carriers and set
accommodate co -location with competitors 15.29.090 Design criteria. rates/processes. There isn't any need to create rules
that the City would be unable to enforce.
A. As provided above, new facilities shall be designed to accommodate co -location, unless the 11,,
applicant demonstrates why such design is commercial) impracticable or not feasible for technical or I�
pp y g y p (Deleted. and
physical reasons, �... ... _Y
Deleted: shall:�t1'U
B. All facilities shall comply with the following standards;
1. Setback. A tower's setback shall be measured from the base of the tower to the property
line of the parcel on which it is located. In residential zones or where a proposed tower is on
property abutting a residential use, towers shall be set back from all property lines a distance
equal to one hundred percent of tower height as measured from ground level. In all other zones,
ur where a pruposed tuwer site dues nut adjoin an existing residential use, towers shall be set
back a minimum of thirty feet. When making a decision on a variance application to reduce
setbacks, the hearing examiner shall consider the following:
a. Impact on adjacent properties, including viewsheds, shadowing, visual dominance of
the tower and base structures as seen from streets and rights-of-way, and historic integrity
of the neighborhood;
b. Alternative sites for,wireless facilities; and
u s i IUlui a um Vm im0 mOfuvW�u
Deleted: persa�cerap
c.. The extent to which screening and camouflaging will mitigate the effects of the
personal wireless facilities,
2. Right -of -Way Setback Exception. The setback requirement is waived if the antenna and
antenna support structure are located in the city right-of-way, provided the antenna is attached to
an existing utility pole and does not substantially increase the height of the utility pole and/or
extend above the utility pole by an amount determined to be a substantial modification pursuant
to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 and applicable
interpretations of the Federal Communications Commission, or the minimum separation required
by the owner of the utility pole.,Vui c,loicn installations attached to utility poles are tw ale ted: small c l� ��
permitted in all zones (with the exception of conditional use permits required for installation upon t
utility poles within protected areas) subject to approval by the city in its sole discretion, and
pursuant to license or franchise agreements with the city.
3, Tower and Antenna Height, The applicant shall have the burden of demonstrating that the
tower and antenna is the minimum height required to meet the proven communications need. No
22
tower or antenna that is taller than this minimum height shall be approved. No tower or mount
together with antenna shall exceed sixty w„ "°i; feet in all single-family, multifamily residential,
Downtown Commercial, and Professional Office zones or one hundred ten feet in other zones
Additional height may be permitted to accommodate co -location of other providers.
4. Color, Towers shall have a dark color such as forest green, charcoal or dark brown,
depending on the surroundings or background that minimizes their visibility, unless a different
color is required by the FAA. Colors shall be maintained and repainted as necessary to maintain
original color, to repair fading through weathering, and to prevent flaking.
5. Lights, Signals and Signs, No signals, lights, or signs shall be permitted on towers unless
required or allowed by the FCC or the FAA. Should lighting be required, in cases where there
are residents located within a distance that is three hundred percent of the height of the tower,
then dual mode lighting shall be requested from the FAA.
6. Fencing. A well -constructed wall or wooden fence not less than six feet in height from the
finished grade shall be provided around each personal wireless service facility. Access to the
tower shall be through a locked gate. The use of chain link, plastic, vinyl, or wire fencing is
prohibited unless it is fully screened from public view by a minimum eight -foot -wide landscaping
strip.
8, Landscaping.
a. Landscaping, Landscaping is an element of camouflage. Landscaping, as described
herein, shall be required to buffer personal wireless service facilities to soften the
appearance of the cell site. The city may permit any combination of existing vegetation,
topography, walls, decorative fences or other on-site features instead of landscaping, if
they achieve the same degree of screening as the required landscaping. Wire fencing may
be allowed if it is fully screened, If the antenna is mounted flush on an existing building, and
other equipment is housed inside an existing structure, landscaping shall not be required.
b. Buffers. The visual impacts of a personal wireless service facility shall be mitigated
through landscaping or other screening materials at the base of the tower and ancillary
structures, The following landscaping and buffering shall be required around the perimeter
of the tower and accessory structures, Landscaping shall be installed on the outside of
fences. Further, existing vegetation shall be preserved to the maximum extent practicable
and may be used as a substitute for or as a supplement to landscaping requirements.
i. A row of evergreen trees a minimum of six feet tall at planting a maximum of six
feet apart shall be planted around the perimeter of the fence,
23
Deleted. 60 I
ii. A continuous hedge at least thirty-six inches high at planting capable of growing
to at least forty-eight inches in height within eighteen months shall be planted in front
of the tree line referenced above.
iii. An automatic irrigation system providing irrigation as needed according to plant
type, season and maturity of plantings.
iv, To guarantee required landscaping the applicant shall provide the city with a two-
year landscape maintenance guarantee
v.. In the event that landscaping is not maintained at the required level after the two-
year landscape guarantee period, the city after giving thirty days' advance written
notice may maintain or establish the landscaping and bill both the owner and lessee
for such costs until such costs are paid in full,
9. Screening.. Screening, camouflaging or otherwise integrating a telecommunications facility
into existing features on the site in order to make the facility as visually unobtrusive as possible,
shall take priority over increased height to accommodate co -location. A personal wireless
telecommunications facility shall be integrated through location and design to blend in with the
existing "character" of the site so as to be visually unobtrusive or screened. To be considered
screened the tower or mount shall be placed amongst and adjacent to (within twenty feet) of the
drip line of three or more evergreen trees at least seventy-five percent of the height of the facility.
To ensure the screening trees are preserved the following note shall be recorded on the property
title:
All trees within 50 feet of the telecommunications facility located on this property, which
serve to screen the telecommunications facility shall be retained for the life of the
telecommunications facility. Screening trees may only be removed if deemed diseased or
dangerous by a certified arborist Before any trees can be removed a report from the
certified arborist shall be submitted to the City for review and approval Unless approved
by the City, only that portion of the tree required to remove the hazard can be removed.
If located in or within 300 feet of a residential zoning district or in or within 300 feet of a protected
area , camouflaging shall be accomplished by designing the facility to look like
surrounding evergreen trees or other customary structures in the area, unless the
applicant establishes that such construction is technologically or commercially
impracticable under the facts and circumstances.
10. Required Parking. If the cell site is fully automated, adequate parking shall be required for
maintenance workers. If the site is not automated, arrangements for adequate off-street parking
shall be made and documentation thereof provided to the city. Security fencing should be
colored or should be of a design which blends into the existing environment.
24
11. Antenna Criteria. Antenna on or above a structure shall be subject to the following:
a. The antenna shall be architecturally compatible with the building and wall on which it is
mounted, and shall be designed and located so as to minimize any adverse aesthetic
impact.
b. The antenna shall be mounted on a wall of an existing building in a configuration as
flush to the wall as technically possible and shall not project above the wall on which it is
mounted unless it must be for technical reasons. In no event shall an antenna project more
than sixteen feet above the roofline, including parapets.
c. The antenna shall be constructed, painted, or fully screened to match as closely as
possible the color and texture of the building and wall on which it is mounted.
d. The antenna may be attached to an existing mechanical equipment enclosure which
projects above the roof of the building, but may not project any higher than the enclosure.
e. If an accessory equipment shelter is present, it must blend with the surrounding
buildings in architectural character, materials and color. f The antenna and any
accessory buildings must be architecturally and visually (color, size, bulk) compatible to the
extent feasible with surrounding existing buildings, structures, vegetation, and uses. Such
facilities will be considered architecturally and visually compatible if they are camouflaged
to disguise the facility.
g., Site location and development shall preserve the pre-existing character of the site as
much as possible. Existing vegetation should be preserved or improved, and disturbance of
the existing topography of the site should be minimized, unless such disturbance would
result in less visual impact of the site on the surrounding area.
h. On buildings thirty feet or less in height, the antenna may be mounted on the roof if the
following additional criteria are satisfied:
i. The city finds that it is not technically possible or aesthetically desirable to mount
the antenna on a wall.
ii. Roof -mounted antenna and related base stations are substantially screened from
view by materials that are consistent and compatible with the design, color, and
materials of the building.
iii. No portion of the antenna may exceed sixteen feet above the height of the
existing building.
25
If the antenna is placed on the roof or above the top of a building, it shall provide to the
extent feasible a minimum setback equal to the height of the panel antenna from the
rooftop edge.
Antenna, antenna arrays, and support structures shall not extend more than sixteen feet
above the highest point of the structure on which they are mounted. The antenna, antenna
array, and their support structure shall be mounted so as to blend with the structure to
which the antenna is attached. The antenna and its support structure shall be designed to
comply with applicable building code standards. The antenna, antenna array, and their
support structure shall be a color that matches the field or trim color of the structure on
which they are mounted.
j. Guy Wires Restricted. No guy or other support wires shall be used in connection with
such antenna, antenna array, or its support structure except when used to anchor the
antenna, antenna array, or support structure to an existing building to which such antenna,
antenna array, or support structure is attached.
12. Equipment Structures
a. Ground level equipment, buildings, and the tower base shall be screened from public
view and from the view of abutting properties. The standards for the equipment buildings
are as follows:
b. The maximum floor area is five hundred square feet and the maximum height is twelve
feet, unless the applicant demonstrates that a larger area and/or height is reasonably
necessary to accommodate the proposed facility and possible co -location..
c. Except in unusual circumstances or for other public policy considerations the
equipment building may be located no more than two hundred fifty feet from the tower or
antenna.
d. Ground level buildings shall be screened from view by landscape plantings, fencing, or
other appropriate means, as specified herein or in other city ordinances.
e. In instances where equipment buildings are located in residential zones, equipment
buildings shall comply with setback requirements and shall be designed so as to conform in
appearance with nearby residential structures, including building form, materials and color.
f. Roof -mounted. Equipment buildings mounted on a roof shall be designed to match and
be integrated into the exterior design and materials of the building. Equipment for roof -
mounted antenna may also be located within the building on which the antenna is mounted.
IrX7
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 is used.
13. Federal Requirements, All towers must meet or exceed current standards and regulations
of the FAA, the FCC, and any other agency of the federal government with the authority to
regulate towers and antennas,. If those standards and regulations are changed, then 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. 14. Building Codes — Safety Standards To
ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in
compliance with standards contained in applicable city building codes and the applicable
standards for towers that are published by the Electronic Industries Association ("EIA"), as
amended from time to time. If, upon inspection, the city concludes that a tower fails to comply
with such codes and standards and constitutes a danger to persons or property, then upon
notice being provided to the owner of the tower, the owner shall have thirty days to bring the
tower into compliance with such standards. If the owner fails to bring its tower into compliance
within thirty days, the city may remove the tower at the owner's expense.
15. Structural Design. Towers shall be constructed to applicable EIA Standards, which may be
amended from time to time, and to all applicable construction/building codes. Further, any
improvements or additions to existing towers shall require submission of site plans stamped by a
professional engineer that demonstrates compliance with the EIA Standards and all other good
industry practices. The plans shall be submitted and reviewed at the time building permits are
requested.
No personal wireless service provider or lessee shall fail to assure that its antenna complies at
all times with the current applicable FCC RF Emission standards, 16. Antenna Support
Structure Safety. The antenna support structure shall be secured against unauthorized entry. All
support structures shall be fitted with anti -climbing devices, as approved by the manufacturers.
15.29.100 Permits required.
In addition to the other provisions of this chapter the following permits are required unless otherwise
stated:
A. The following, which are subject to administrative review, approval and permit:
27
1 Modifications to eligible existing facilities pursuant to 15,29„035 and 15,29.080 that do not
constitute a substantial change; modifications that constitute a substantial change 41 height �0101'13111
j�����require a variance; » „w �1a w v� 11,111��� mar,�� 1
IT
Comment [5] important 6409 describes ....,e
than 4 new equipment cabinets as a "substantial
2. i iilHly po: a installations in any zoning district, except locations within a protected area, as change,” but the addition of 5 or more cabinets
inside an existing fenced compound shouldn't
approved by the CitY require
a variance.
3. Antennas, towers and related facilities located within or upon government-owned property or Deleted: Small cell
structures where such antennas, towers and related facilities are camouflaged as approved by
the city;
4. Antennas, towers and related facilities located on appropriate rights-of-way and existing
structures, such as buildings, towers, and water towers, in industrial and commercial zoning
districts where such antennas, towers and related facilities are camouflaged approved by the city;
5. Antennas, towers and related facilities located within industrial zones of the city, including
proposed locations within 300 feet of residential zoned districts, where such antennas, towers
and related facilities are camouflaged as approved by the city;
6. Antennas, towers and related facilities located within the Local Business District (B-2) and
Large Convenience Center (LCC) zoning districts where such proposed site is (a) more than 300
feet from residentially zoned districts and more than 300 feet from a protected area, and (b) such
structures are camouflaged as approved by the city.
An applicant that wishes to locate a new antenna, antenna support structure or tower within the
B-2 or LCC districts, and within 300 feet from residential zoned districts or within 300 feet of a
protected area, shall demonstrate that a diligent effort has been made to locate the proposed
communications facilities on a site, private institutional structure, or other appropriate existing
structures more than 300 feet from residential zoned districts or more than 300 feet from a
protected area, and that due to valid considerations including physical constraints, and
technological feasibility, no more appropriate location is available. Such antennas, towers and
related facilities may approved by the administrator, subject to the administrator's approval of
camouflage or disguise by stealth. Such proposed structures are also subject to the balloon test
and/or photo -simulation requirements of 15.29.070 in order to assist the administrator in
determiningappropriate camoufla arequirements.�� t� „�„ a
9
Deleted: and/or stealth
�tiM,oiNka4ifum,, laawers.�,...e,md It•Mi�u„i'a 9Par,i0i4�a . P�.r:.r.il.:°`al ill ir,��F`mf(�r¢6„s,tl ,,mrr,�ru'iu:,� tri 4�autCuiml 3,0fY A ir�;al[;)r,:rili�,d — — — — —
d�i'ta &Nl.gj l,i6gNu, «e 'i a,;iusreiu[9ra Ha de”';Ign th atl cor"w ,aI &fw P irc 11tGdr .�. i�ui 6f:+6urq ,C.@ryi N n(A l rwi clf v), a
iL:ypcfl , ilghf poi sie ii h fi��::es bell londvai ; t;,�,i, ",irh.''fw i^a Ir�odol ; ,.ir:9
u.l,7la7 e�9 l'i�w dillies, �thad i;,k:�
it
tiM_ii,t..>ual N a.ri��«tali,04ati N t9l.e i;tIll slq'Mip�tir..�..t r aa�osua,@�9taYlr of ia.,i,¢ lammit,>
28
B. Except as set forth in subsection A above, a conditional use permit is required for all proposed
antennas. towers and related facilities.
C. Procedures governing variances are set forth in Chapter 15.21 YMC; provided, however, that the
criteria for variance approval shall be governed by the following provisions. A variance from the height or
area limit that constitutes a substantial change may be granted if the applicant can show by evidence that
the additional height is necessary to provide adequate service to the residents of the city and no other
alternative is available. When granting a variance the examiner shall require that a significant portion of
the tower and related facilities be screened by existing evergreen trees or existing structures.
1. The purpose of this subsection is to provide a means of increasing the maximum height of
tower and antenna in specific instances where the strict application of those limits would deprive
a tower or antenna operator from achieving the minimum height required to meet the proven
communications need.
2. The examiner shall have the authority to grant a variance from the maximum height allowed
for tower or antenna when, in his/her opinion, the conditions as set forth in subsection (3) herein
have been found to exist. In such cases a variance may be granted which is in harmony with the
general purpose and intent of this chapter.
3. Before a height variance can be granted, it shall be shown that the applicant demonstrates
all of the following:
a. That there is evidence that additional height is required to provide adequate service to
the residents of the city and that no other alternative is available;
b.. That there are special circumstances applicable to the subject property such as shape,
topography, location, or surroundings that prevent the operator from achieving the
minimum height required to meet the proven communications need;
c. That the granting of such variance will not be materially detrimental to the public
welfare or injurious to the property or improvements in the vicinity;
d. That any visual impacts will be mitigated to the greatest extent possible using
camouflage or screening, including but not limited to strategic placement next to existing
buildings or vegetation or incorporation with architectural features of existing buildings or
structures;
e. That the location of the tower and antenna has been chosen so as to minimize the
visibility of the facility from residentially zoned land and to minimize the obstruction of
scenic views from public properties; and
f. That the variance is the minimum necessary to grant relief to the applicant..
29
4. The applicant has the burden of proving that the proposed variance meets all of the criteria
in subsection (13)(3) of this section, Decision Criteria.
5 The examiner may approve an application for a variance with additional requirements above
those specified in this title or require modification of the proposal to comply with specified
requirements or local conditions.
6. The examiner shall deny a variance if the proposal does not meet or cannot be conditioned
or modified to meet subsection (13)(3) of this section,
a. Project permit review procedures are specified in YMC Title 16, Administration of
Development Permit Regulations. The following table specifies the permits required for the
various types of personal wireless service facilities that meet the standards of this chapter:
Permit Table*
Type of Use Permit Required
Co -location (No Substantial Change) Administrative Permit
Co -location (Substantial Change ii i h hull:)
11110gr i cdc inslallalion
New Tower (City -owned Property)
New Tower (Public Property)
Variance
Administrative Permit,
Administrative Permit/Lease
Administrative Permit (with approval
of camouflage)
New antenna (existing structures, industrial Administrative Permit (with approval
and commercial zoning districts) of camouflage)
New Tower (industrial zoning district,
more than 300 feet from residential zone
and more than 300 feet from
protected area)
New Tower (industrial zoning district,
within 300 feet of residential zone)
9C
Administrative Permit (with approval
of camouflage)
Administrative Permit (with approval
of camouflage)
�r,t )�w�u�u �1111�
� n". .Irll ". ......)*�f ujOl < 1��
Deleted: Small cell.......
New Tower (industrial zoning district, within Conditional Use Permit
300 feet of protected area)
New Tower (B-2 or LCC zoning district, Administrative Permit (with approval
more than 300 feet from residential zone and of camouflage)
more than 300 feet from protected area)
New Tower (B-2 or LCC zoning district, Administrative Permit
within 300 feet of residential zone or within (with approval of camouflage)
300 feet of protected area)
New Tower (in or within 300 feet of residential Admknosttrafive O1enn]A (If cannWfaged_to
c.gnceaW.tl rs iinstallafloirn), otheuwuse a_Con6 iionual Use II:'eirrinit
zoning district, not in B-2 or LCC district)
New Tower (in or within 300 feet of Conditional Use Permit
protected area, not in B-2 or LCC district)
" Applicable permits include building permits and other permits required for installation.
15.29.110 Inspection requirements.
Within 60 days of any required safety inspection performed in accordance with EIA and FCC standards,
the facility operator shall file a copy of the report with the city. Each year after the facility becomes
operational the facility operator shall file with the city a copy of maintenance reports for the prior twelve
months. The applicant shall provide a financial guarantee in the form of a bond or other financial
instrument acceptable to the city in an amount sufficient to reimburse all costs associated with facility
removal should it be necessary.
15.29.120 Non-use/abandonment.
A. Abandonment.. No less than thirty days prior to the date that a personal wireless service provider
plans to abandon or discontinue operation of a facility, the provider must notify the city of Yakima by
certified U.S. mail of the proposed date of abandonment or discontinuation of operation. In the event that
a licensed carrier fails to give notice, the facility shall be considered abandoned upon the city's discovery
31
of discontinuation of operation. Upon such abandonment, the provider shall have sixty days or additional
period of time determined in the reasonable discretion of the city within which to:
1, Reactivate the use of the facility or transfer the facility to another provider who makes actual
use of the facility; or
2, In the event that abandonment as defined in this chapter occurs due to relocation of an
antenna at a lower point on the antenna support structure, reduction in the effective radiated
power of the antenna or reduction in the number of transmissions from the antennas, the
operator of the tower shall have six months from the date of effective abandonment to co -locate
another service on the tower. If another service provider is not added to the tower, then the
operator shall promptly dismantle and remove the portion of the tower that exceeds the minimum
height required to function satisfactorily. Notwithstanding the foregoing, changes which are made
to personal wireless facilities which do not diminish their essential role in providing a total system
shall not constitute abandonment. However, in the event that there is a physical reduction in
height of substantially all of the provider's towers in the city or surrounding area then all of the
towers within the city shall similarly be reduced in height„
3.. Dismantle and remove facility. If the tower, antenna, foundation, and facility are not removed
within the sixty-day time period or additional period of time allowed by the city, the city may
remove such tower, antenna, foundation, and related facility at the provider's expense, If there
are two or more providers co -locating on a facility, except as provided for in the paragraph
above, this provision shall not become effective until all providers cease using the facility.
At the earlier of sixty days from the date of abandonment without reactivating or upon completion of
dismantling and removal, city approval for the facility shall automatically expire.
15.29.130 Third party review.
Personal wireless service providers use various methodologies and analyses, including geographically -
based computer software, to determine the specific technical parameters of their services and low power
mobile radio service facilities, such as expected coverage area, antenna configuration, topographic
constraints that affect signal paths, etc. In certain instances, a third party expert may need to review the
technical data submitted by a provider. The city may require a technical review as part of a permitting
process 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
32
a provider. Based on the results of the expert review, the city may require changes to the provider's
application, The expert review shall address the following:
A. The accuracy and completeness of submissions;
B. The applicability of analysis techniques and methodologies;
C. The validity of conclusions reached; and
D. Any specific technical issues designated by the city.
15.29.140 Conditional use permits — Procedures — Conditions for granting.
A Appl q;atuom An application for a conditional use permit under this chapter shall be submitted
to the director of the city's community development department ("administrator") who shall review such
application for completeness and compliance with filing requirements under this chapter and applicable
codes of the city, in accordance with the provisions and procedures of YMC 1.43.090 and Title 16 YMC.
The administrator shall have authority to request additional information and reports from the applicant
necessary to make the application complete, including but not limited to third party review in accordance
with YMC 15.29.130 and reports, surveys and tests as provided in YMC 15.29,070, when the
administrator , in his or her sole discretion, deems such additional information necessary or appropriate to
make the application complete, to address mitigation measures identified in SEPA, NEPA or other
environmental reviews, to address issues of site screening or other measures to mitigate impacts upon
the surrounding neighborhood, or to address any other impact to the life, health, safety or persons, or
quiet enjoyment of property, identified by the administrator as likely, with reasonable probability, to result
from the proposed project
Upon the administrator's determination that the application is complete and in compliance with filing
requirements of this chapter, the administrator , in coordination with the hearing examiner, shall be
responsible for assigning a date for and assuring due notice of public hearing for each application, which
date and notice shall be in accordance with the provisions of Title 16 YMC.
B Hearjr,)g EXgmjmne„f. When considering an application for a conditional use permit, the hearing
examiner shall consider the applicable standards, criteria and policies established by this title as they
pertain to the proposed use and may impose specific conditions precedent to establishing this use.
(1) Before any conditional use may be granted, it shall be shown that:
(a) The proposed use will not be materially detrimental to the public welfare or injurious to the
property or improvements in the vicinity of the proposed use or in the district in which the
subject property is located;
33
(b) The proposed use shall meet or exceed the performance standards that are required in
the zoning district the proposed use will occupy;
(c) The proposed development shall be compatible generally with the surrounding land uses
in terms of traffic and pedestrian circulation, building and site design;
(d) The proposed use shall be in keeping with the goals and policies of the comprehensive
land use policy plan;
(e) All reasonable and commercially 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,
(2) The conditions may:
(a) Increase requirements in the standards, criteria or policies established by this title;
(b) Stipulate the exact location as a means of minimizing hazards to life, limb, property
damage, erosion, landslides or traffic;
(c) Require structural features or equipment essential to serve the same purpose set forth
above;
(d) Impose conditions similar to those set forth in subsections (2)(b) and (2)(c) of this section
as deemed necessary to establish parity with uses permitted in the same zone in their freedom
from nuisance generating features in matters of noise, odors, air pollution, wastes, vibration,
traffic, physical hazards, and similar matters; provided, the hearing examiner may not, in
connection with action on a conditional use permit, reduce the requirements specified by this
title as pertaining to any use or otherwise reduce the requirements of this title in matters for
which a variance is the remedy provided;
(e) Assure that the degree of compatibility with the purpose of this title shall be maintained
with respect to the particular use on the particular site and in consideration of other existing and
potential uses, within the general area in which the use is proposed to be located;
(f) Recognize and compensate for variations and degree of technological processes and
equipment as related to the factors of noise, smoke, dust, fumes, vibration, odors, and hazard
or public need; and
(g) Require the posting of construction and maintenance financial security sufficient to secure
to the city one hundred fifty percent of the estimated cost of construction and/or installation and
fifteen percent maintenance of required improvements.
15.29.150 Conditional use permits — Effect of hearing examiner decision.
34
The decision of the hearing examiner on a conditional use permit shall be final and conclusive with right
of appeal to the city council in accordance with YMC 16 08,030,
15.29.160 Application form.
The director of the city's community development department may prescribe the form in which
applications are made for a conditional use permit and other applications authorized pursuant to this
chapter, The director may prepare and provide printed forms for such purpose and may prescribe the
type of information to be provided in the application by the applicant. No application shall be accepted
unless it complies with such requirements.
15.29.170 Filing fees.
The application for a conditional use permit shall be accompanied by a filing fee in the amount of
15.29.180 Notice of hearing — Conditional use permits.
Notice of all public hearings shall be given and prepared as required by Chapter 16.05 YMC.
15.29.190 Reapplication.
Upon final action as set forth in this chapter in denying an application for a conditional use permit, the city
shall not accept further filing of an application for substantially the same matter within one year from the
date of any final denial of an application.
15.29.200 Transfer of ownership.
A conditional use permit runs with the land; compliance with the conditions of any such permit is the
responsibility of the current owner of the property, whether that is the applicant or a successor. No permit
for which a financial security is required shall be considered valid during any time in which the required
financial security is not posted.
15.29.210 Vacation of permits.
A. Any conditional use permit issued pursuant to this chapter may be vacated upon approval by the
current landowner; provided, that,,
1. The use authorized by the permit does not exist and is not actively being pursued; or
2, The use has been terminated and no violation of terms and conditions of the permit exist.
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.
35
15.29.220 Violation — Penalty.
Compliance with the requirements of this code shall be mandatory, Any violation of the provisions of this
chapter shall be a misdemeanor subject to the penalties and remedies established in YMC 6.02.050.
Additionally, any violation of the provisions of this chapter, and any installation and/or operation of any
structure in violation of the provisions of this chapter, shall be deemed a public nuisance and violation
subject to penalties and remedies available under state law and city codes. The enforcement actions
authorized under this code shall be supplemental to those general penalties and remedies of Chapter
6.02 YMC and the public nuisance penalties and remedies available under state law and city codes.
15.29.230 Relief, Waiver, Exemption.
Any applicant desiring relief, waiver or exemption from any aspect or requirement of this chapter may
request such, pursuant to and in compliance with the applicable provision on variances, 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 affect on the health, safety and welfare of the City, its residents and other service
providers,
15.29.240 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 ruled to be invalid or unenforceable in any material respect, by a competent
authority, or is overturned by a competent authority, the permit shall be void in total, upon determination
by the City..
36
FO .�tt
Ibarra, Rosalinda
om: CDMaxMD@aol.com
,ant: Wednesday, August 14, 2013 2:47 PM
To: Osguthorpe, Steve
Cc: Peters, Jeff
Subject: (no subject)
Steve Osguthorpe, AICP
Community Development Manager
City of Yakima, Department of Community Development
Hi Steve,
We didn't have much time to digest all of the major changes in this most recent draft but some of the most obvious areas of concern (with suggested changes) are
below. We believe this draft significantly reduces the effectiveness of the ordinance and what we think the city was trying to accomplish.
Sincerely, Mike Davison
15.29.020 Definitions.
Balloon test: replace back to prior draft version 3 consecutive business days
Camouflaged: rework and remove "commercially impracticable"
Commercially Impracticable: remove
15.29.035 Modification of existing wireless tower.
add: conditional use for residential
15.29.050 Priority of Locations.
G and H: remove: pay a market rate
remove: meet the coverage/capacity objectives of the facility in the applicant's network
replace with: missing coverage/capacity
x.29.070 Required submittals and testing.
A. Use prior draft landowner, is co -applicant
D. Balloon test, use prior draft
15.29 080 Co -location
F. use prior draft to help insure co -location
15.29.090 Design criteria.
B. 4. Tower separation, needs some standards, to allow denial in residential zones if too close together
B. 11. g. Use prior draft , The effectiveness of mitigation techniques must be evaluated by the city, in the city's sole discretion
15.29.100 Permits required
A. 2. Small cell installations in any non-residential
15.29.140 Conditional use permits
B. 1. e, Delete
15.29.230 Relief, Wavier, Exemption
Delete
1"014, I'll F,
tt:i O':t / F1 t Y
Chapter 15.29
WIRELESS COMMUNICATIONS FACILITIES
Sections:
15.29.010
Purpose.
15.29.020
Definitions.
15.29.030
Exemptions.
15.29.035
Modification of Existing Wireless Tower or Base Station.
15.29.040
Site selection criteria.
15.29.045
Protected areas.
15.29.050
Priority of locations.
15.29.060
Siting priority on public property.
15.29.070
Required submittals and testing.
15.29.080
Co -location.
15.29.090
Design criteria.
15.29.100
Permits required.
15.29.110
Inspection requirements.
15.29.120
Non-use/abandonment.
15.29.130
Third party review.
15.29.140
Conditional use permits — Procedures — Conditions for granting.
15.29.150
Conditional use permits — Effect of hearing examiner decision.
15.29.160
Application form.
15.29.170
Filing fees.
15.29.180
Notice of hearing — Conditional use permits.
15.29.190
Reapplication.
15.29.200
Transfer of ownership.
15.29.210
Vacation of permits.
15.29.220
Violation — Penalty.
15.29.010 Purpose.
A. The purpose of this chapter is to establish general guidelines for the siting of towers and antennas.
The goals of this chapter are to:
1. Enhance the ability of personal wireless service providers to provide such services
throughout the city quickly, effectively, and efficiently;
1
2. Encourage personal wireless service providers to locate towers and antenna in
nonresidential areas;
3. Encourage personal wireless service providers to co -locate on new and existing tower sites;
4. Encourage personal wireless service providers to locate towers and antennas, to the extent
possible, in areas where the adverse impact on city residents is minimal;
5. Encourage personal wireless service providers to configure towers and antennas in a way
that minimizes any significant adverse visual impact; and
6. Provide for the wireless communications needs of governmental entities.
Accordingly, the city council finds that the promulgation of this chapter is warranted and necessary:
1. To manage the location of towers and antennas in the city;
2. To protect residential areas and land uses from potential adverse impacts of towers;
3. To minimize adverse visual impacts of towers through careful design, siting, landscape
screening, and innovative camouflaging techniques;
4. To accommodate an increased need for towers to serve the wireless communications needs
of city residents;
5. To promote and encourage co -location on existing and new towers as an option rather than
construction of additional single -use towers, and to reduce the number of such structures
needed in the future;
6. To consider the public health and safety of towers to the extent permitted by the
Telecommunications Act of 1996; and
7. To avoid potential damage to adjacent properties through sound engineering practices and
the proper siting of antenna support structures.
B. New Uses. All new antennas shall comply with this chapter after the effective date of the ordinance
codified in this chapter.
C. Existing Uses. All towers and antennas existing on the effective date of the ordinance codified in this
chapter that are not in compliance with this ordinance shall be allowed to continue as they presently exist,
but will be considered nonconforming uses. Routine maintenance shall be permitted on existing towers
and antennas. However, new construction other than routine maintenance on existing towers, antennas,
buildings or other facilities shall comply with the requirements of this chapter.
2
1. These standards were developed to protect the public safety and welfare, to protect property
values and minimize visual impact while furthering the development of enhanced
telecommunication services in the city and providing for wireless communications necessary for
governmental purposes. These standards were designed to comply with the
Telecommunications Act of 1996. The provisions of this chapter are not intended to and shall not
be interpreted to prohibit or to have the effect of prohibiting personal wireless services. This
chapter shall not be applied in such a manner as to unreasonably discriminate between
providers of functionally equivalent personal wireless services.
2. To the extent that any provision of this chapter is inconsistent or conflicts with any other city
ordinance this chapter shall control. Otherwise, this chapter shall be construed consistently with
the other provisions and regulations of the city.
3. The city shall approve, approve with conditions, or deny the application in accordance with
the time frames set forth in Title 16 YMC, Administration of Development Permit Regulations,
and in accordance with other applicable ordinances.
15.29.020 Definitions.
For the purpose of this chapter, the following terms shall have the meaning ascribed to them below:
"Abandonment" means to cease operation for a period of sixty or more consecutive days.
"Administrator" means the director of the city's department of community development and his or her
designees.
.,` fQkm,4'-' mart r tly or � ir�,ti:y, .,ow, of, "rol&m 4&,,awnor w -w.. .
m-oWnorV f r roof-Wol*M, � fl f rto
"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 fry-owireless services, including
unlicensed wireless telecommunications services, wireless telecommunications services utilizing
frequencies authorized by the Federal Communications Commission for "cellular," "enhanced specialized
mobile radio" and "personal communications services," telecommunications services, and its attendant
base station.
"Antenna height" means the vertical distance measured from the base of the antenna support structure at
natural grade to the highest point of the structure even if said highest point is an antenna. Measurement
of tower height shall include antenna, base pad, and other appurtenances and shall be measured from
the natural grade of the parcel at the lowest elevation point of the support structure's perimeter. "Antenna
3
support structure" means any pole, telescoping mast, tower, tripod, or other structure which supports a
device used in the transmitting or receiving of radio frequency signals.
"Applicant" means any provider or any person, partnership, company, or government agency that files an
application for any permit necessary to install, maintain, or remove a personal wireless service facility
within the city.
,Balloon test" means 44a;)
wlr°mI4"ams""r't« sire t..'tplg:i,atlur i� ug�'t"c tt:�f2t'tn�'a"r�llu"li.°
IV' ?^4e liL"
, "96--�,.,'�`"'thI ..^g rou f1d, Rap "
nq� "stili"ip LslItm � rio of��r ��� N m��y� ��� u u � u� ��imt "Ma�L— tEi Il"y.wc0pred ba lomfln M
rgoj�(j, jovver, No trees shall be removed to conduct the balloon test.
"Base station" is defined as a facility or structure consisting of radio transceivers, antennas, coaxial
cable, a regular and backup power supply, and other associated electronics, including a structure that
currently supports or houses an antenna, transceiver, or other associated equipment that constitutes
part of a base station, and encompasses such equipment in any technological configuration, including
distributed antenna systems and small cells.
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vGtl wa a"rr.. r ra rrrrtlt en • r t �1�" �°sri w" ct'tl c" x WOW ..ou.,.d
4en�tdi'�lly..��otrrlr.".rlow'ge,;llas1"��irls.,,tl.lµat�n
Celr"rorku"las'p r mcgins to r"11inirnze aldverse aestheficw�ll� vis VM� � �� ��P11.�Uq ��M��i � tl�P�� d� a..� I�.II�Aflnrz,,v,
a f rgsgj Ned lw',aflon of
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et t �&'nor6L,) Lcp c �� �� u c I gDµ ur tl , � 1 � uaA o l lnw t °r
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1�~u�'Ldscaj�,lq r tl`Id jocafion to 6sggu hide,,UIp„incl, or hiteg ur'.tgg �Sfi g Iw,Uct re that is not_
r r 1 .., lr�r IYrPr,,Iltlt alt e°.8, ti�VVa l "a s t r ll9t ” 4 "tr ± l & rU tlkr la Cal rtinlnr an iCa t�nnaI r n �"o9a?
Mrd tll"r a...aak I ,� — w �
t L all .. aVl� Ir � tl�s m:.� l d i d �1� d . cc �l"i r ,� tl V N fab i u sal r l diS, t �a Ist 2E
t on, ealadithin° @ alr�rr� re de nrtrrprI to a t�ppa s another tm ttllre `b��air � a l„lUr h 'l e�Q Of
durable taxa rllitywm ° a rangy: rli n rnlgR i ar u I r n „ �Re ± lgwt t tri �r .l"aro rtl t t to R nrl Ic tl lin tlll II Inti M
every, reelri Ire n .dggi trn., g. l a o of il", � tg �.n�.:tha t Such trNrr"�igl��..�I�y� ur�rr < l��l v..���e� arc Kt tticrrr err yr
L icg to resembe or,.enrn�tmm i h ���"IIS girLi Mg m"f , t�� es
"Cell site" or "site" means a tract or parcel of land that contains venal wireless service facilities
including any antenna, support structure, accessory buildings, and parking, and may include other uses
associated with and ancillary to personal wireless services.
"City" means the city of Yakima.
"City property" means all real property owned by the city whether in fee ownership or other interest.
"Co -location" means the use of a personal wireless service facility or cell site by more than one t w&)r°en
wireless service provider.
.u.t�tutt uq �araur�IliPr r cglwr�umMWI pirrl�,II ra 16g„auln81t°
t .,ms that ..,u..,.��...�..�. n � cruse Oif" r�or.�°u.uu°o�r�; Hui . �u�:.. ll�u�°Ih �� oii.ulld unof llhav,:�. D n
tr�trntc°yet ire uerrrsxd➢an lira cenronp�rnr�ne tirm�,.���'...
gasonat,')ly g!w�t tl gtad oiwforeseem ziiO that j�fy"K
LP
t1Qu a � �)t �& .. � � � l ��� .uru I�uulr�y
La`t s,tgj monk�um tw,iU ent crate test au�id'i%,L,-_LQ e, shaH riot ata w�n r fion
l be "cornrnercial tt tEggt a Ua and sha l not renideir: airy nr t..er the ter is of an a reeLmment ""�.��nnirr�� it a�� y
r°u ru„r;u.r°tli :`unrbile,.",
"Conditional use permit" or "CUP” means a process and approval as described in this chapter and in YMC
Title 15, Yakima Urban Area Zoning Ordinance
"COW" means "cell on wheels." A cell on wheels or other temporary pamoni;d-wireless communications
facility.
"Design" means the appearance of l ersw�r l -wireless service facilities, including such features as their
materials, colors, and shape.
"EIA" means the Electronics Industry Association.
"Equipment enclosure" means a structure, shelter, cabinet, or vault used to house and protect the
electronic equipment necessary for processing wireless communication signals. Associated equipment
may include air conditioning, backup power supplies and emergency generators.
"Excess capacity" means the volume or capacity in any existing or future duct, conduit, manhole,
handhold or other utility facility within the right-of-way that is or will be available for use for additional
telecommunications facilities.
"Facilities" means all of the plant, equipment, fixtures, appurtenances, antennas, and other facilities
necessary to furnish and deliver telecommunications services and cable television services, including but
not limited to poles with crossarms, poles without crossarms, wires, lines, conduits, cables,
communications and signal lines and equipment, braces, guys, anchors, vaults, and all attachments,
appurtenances, and appliances necessary or incidental to the distribution and use of telecommunications
services and cable television services.
"FCC" or "Federal Communications Commission" means the federal administrative agency, or lawful
successor, authorized to regulate and oversee telecommunications carriers, services and providers on a
national level.
"Governing authority" means the city council of the city of Yakima.
"Governmental entity" means the state of Washington, Yakima County, the city, municipally owned
utilities, and special purpose districts including the school, fire and library districts.
w r*
rrer4rrber...l
"Hearings examiner" means the duly appointed hearings examiner of the city.
'10"#rr r w wrrir rrr mai :r Nrr ':.. ray f r er zt.°,° t; rsoAW Wr Boas,
�,��rt�irr�rNr�l4�ry;.rr-.���vrrrfr � rt. ;�'a���r� rr���:rr°br�„�rr�,Nrr�� r•�r�t-�N����rr, �r-�ce.,,t��„�l��rr-.
� 1 RIIcy f .P qrqq w�m q�{,- ,a P i i w rrrorrrrr i ��N a:r9�h r �� �a���' ��n¢.LI �u�, � �m� d cru NudaNtly
m'4+” nfi Qo�4Ron o Ii PYocfi 4nea ,U G 4.Nik�'4 MIp AI Ldeni .� ...»„.. .
u er���rN„14;;,,INMrCVIN�i.,,N��kY�I ” N��Pu�AllrcrIVCN WE64rrNeNll',a�NINP
M�n G w P M N�"N��'rvw�,�� w�wm� ������. �fl�o
Lm1�� °rt B Br N,u rdrr N , Bfm ,. fr e rI a irrft1s] 112 rolor or nymt rjMs of any,y,sually rajsceir nabW ,e.
r lr ri r�Q er B ti Q2 an(r rel wl access rr� �p nu�N(Vor r, rN r' r r r or, r I N�rra a��wfr rat ��r�u1�Nr°u rub
moderin k q V% r B°N Gdgh a ng,,,w wireles,ro C� K.kIN«N G�„L� Cd a.��V �R4� � PSD 7N. t l f �NrO'l�4ON�UN{����NrrCtl� k'r�vi r SNI"
tem r r rA �ute,5 n �()-Iocaljr` n is a mrudfficati rn inno lffic�a'fur�:rur Ilr !�ii�iV not uunr°Ilii. de the
� 1 eµurwrr,lrt L�f r � of err Awa > °dal a wireless f nRy rip Agin
r° ted qny g2all r°s thal B r r B Bare errrerel Nep urm�.lre ,aru nN Ar u a e of a vririrp e ^
ieq�°�R eB�au"r"ur�NrN�, B¢r� ����ry1�i9;�n1����nrB r��ln� A'err�rrw^imm,r w��i li�uer"wr�nnrB el�tu�Nrrr�"B�.
"Mount" means the structure or surface upon which personal wireless service facilities are mounted.
There are three types of mounts:
A. Building Mounted. A personal wireless service facility mount fixed to the roof or side of a
building.
B. Ground Mounted. A personal wireless service facility mount fixed to the ground, such as a
tower.
C. Structure Mounted. A personal wireless service facility fixed to a structure other than a
building, such as light standards, utility poles, and bridges.
"Occupy" means to construct, install, maintain, own, or operate telecommunications facilities located
within city rights-of-way. The mere passage of electronic signals over, under, or through rights-of-way via
telecommunications facilities owned by another telecommunications provider does not constitute
occupying the rights-of-way.
"Overhead facilities" means utility facilities and telecommunications facilities located above the surface of
the ground, including the underground supports and foundations for such facilities.
"Person" means corporations, companies, associations, joint stock companies, firms, partnerships, limited
liability companies, other entities and individuals.
"'Personal wireless service," service facilities," ao mm,vireless far pmfi "" 1, r ""facilities""
used in this title shall be defined in the same manner as in Title 47, USC, Section 332(c)(7)(C), as they
may be amended now or in the future, and includes facilities for the transmission and reception of radio or
microwave signals used for communication, cellular phone, personal communications services, enhanced
specialized mobile radio, and any other wireless services licensed by the FCC and unlicensed wireless
services.
"Protected areas" are: (a) established federal, state or local historic districts or historic district overlay
zones; (b) proposed federal, state or local historic districts or historic district overlay zones filed for record
with the federal, state or local agency with jurisdiction (hereafter "pending" historic district or overlay
zones); (c) sites, buildings, structures or objects listed in the National Register of Historic Places; (d) state
and local wildlife refuges, and permanently protected archeological sites; and (e) designated areas
subject to preservation or protection through recorded conservation easement.
"Provider" means every corporation, company, association, joint stock company, firm, partnership, limited
liability company, other entity and individual that provides personal wireless service over p ers f;m :::4
wireless service facilities.
��. m k s l e uta U cnur�r l rpt w �rsnu r� u l cl v �pcU ;� � iliU U� r iP a
„.w . .,,ww�� y I.M.
hl 1. L� LW�� ������ v �u 11 rc tii�'
r wti�nuui a �c�rrul 4c Uhcr�� rcui� iva �cU�1 cu nut u�sitrlut sUcticlr �,��,
uwurt a lup kri ire of a wireless facMt)LyLCM �ft gggj �M , EgMgg! cj,�g ill 22Y �w(..jr'kaw
Us�9Uy c1Nrru°a rWU crUoar cawutt j� w vurruUrs Uduii Imo, KUi m(acm(ITITrupjITl_gptl��m mr
Ph, IlU U,; rmillillt t
"Rights-of-way" means land acquired or dedicated for public roads and streets, as further defined in
15.02.020, but does not include (a) land dedicated for roads, streets, and highways not opened and not
improved for motor vehicle use by the public; (b) structures, including poles and conduits, located within
the right-of-way; or (c) federally granted railroad rights-of-way acquired under 43 USC, Section 912, and
related provisions of federal law, that are not open for motor vehicle use.
"Right-of-way use permit" means the authorization by which the city grants permission to a service
provider to enter and use the right-of-way at a specific location for the purpose of installing, maintaining,
repairing, or removing identified facilities.
7
"Screening" means a continuous fence and/or evergreen landscaped planting that conceals the property it
encloses.
"Service provider" means every corporation, company, association, joint stock association, firm,
partnership, person, city, or town owning, operating or managing any facilities used to provide and
providing telecommunications or cable television services for hire, sale, or resale to the general public.
Service provider includes the legal successor to any such corporation, company, association, joint stock
association, firm, partnership, person, city or town.
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Vial t"uwie a r u#fit � cf �w gra � �� 4ru p gal ISI°IVr�U"r���t r" (,,,oI u,"r,�re to rrio ,0 ma roceH, vvl°'Ocf! ��°o� tit have r
ugrr�µlww rr.1...RrmtrrIgm0..rr7i19 r IrrrSjrumajlNmsralrhldat
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s , w more effir ent LISO of raids c [Lg CkLj r �rr� lu o4C ���i �r����r rrya r�� ��„1I'he �1II, size
Irrrlr� rrrr _ _,.__.. �,
rr i P , µ ,..w.w.,.�wr����Vl���o�� ,.�,�os� rL
Outdoor rrraib_uwej,l hidlude iL.L Lr ,r�Cl .. rugl”g,,VLtt nlicrocelj ..
"State" means the state of Washington.
"Surplus space" means that portion of the usable space on a utility pole which has the necessary
clearance from other pole users, as required by the orders and regulations of the Washington Utilities and
Transportation Commission, to allow its use by a telecommunications carrier for a pole attachment.
"Secondary use" means a use subordinate to the principle use of the property, such as commercial,
residential, utilities, etc.
"Security barrier" means a wall, fence, or berm that has the purpose of sealing a personal wireless service
facility from unauthorized entry or trespass.
Itr°hj(-,J an, OF r•r4egF,mit an
ex��ru r ��•�rra�M�ro-�Ivl "ms�-r��Mu���r�rrr�q r tr�"r �;.,rrru�r.r. � arir-���r„s��.,aa�w41��+ f��rvr,4��ed.
�rltlmrrr"r ��r�rt��l��r�lf-�=ry�rr�xirr�q��-r���rr�e�l..rrr�rr��r,,.
"Telecommunications carrier” includes every person that directly or indirectly owns, controls, operates or
manages plant, equipment or property within the city, used or to be used for the purpose of providing
telecommunications services to locations outside the city.
"Telecommunications service" means transmission of information, except cable television service, by
wire, radio, optical cable, electromagnetic, or other similar means, for hire, sale, or resale to the general
public. For the purposes of definition "information" means knowledge or intelligence represented by any
form of writing, signs, signals, pictures, sounds, or any other symbols. Telecommunications service
excludes the over -the air transmission of broadcast television or broadcast radio signals, facilities
necessary for governmental purposes. The city shall act on an application within a reasonable period of
time, taking into account the nature and scope of the application. Any decision to deny an application
shall be in writing, supported by substantial evidence contained in a written record. The city shall approve,
approve with condition, or deny the application in accordance with the time frames set forth in pe ufu(,„r
g� Qi i L)t aF s, L,)! [,,YMC Title 16, Administration of Development Permit Regulations, and in
accordance with other applicable ordinances.
"Telecommunications service provider" includes every person that directly or indirectly owns, controls,
operates or manages plant, equipment or property within the city, used or to be used for the purpose of
offering telecommunications services, except cable television service, to residents, businesses or other
locations within the city.
"Tower" means any structure that is designed and constructed primarily for the purpose of supporting one
or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term
encompasses personal wireless service facilities including radio and television transmission towers,
microwave towers, common -carrier towers, cellular telephone towers or personal communications
services towers, alternative tower structures, and the like. "Tower" also includes any structure built for the
sole or primary purpose of supporting FCC -licensed antennas and their associated facilities.
"Underground facilities" means utility and telecommunications facilities located under the surface of the
ground, excluding the underground foundations or supports for overhead facilities.
"Usable space" means the total distance between the top of a utility pole and the lowest possible
attachment point that provides the minimum allowable vertical clearance as specified in the orders and
regulations of the Washington Utilities and Transportation Commission.
"Utility facilities" means the plant, equipment and property including, but not limited to, the poles, pipes,
mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the
ground within rights-of-way and used or to be used for the purpose of providing utility or
telecommunications services.
"Unlicensed wireless services" means commercial mobile services that operate on public frequencies and
do not need an FCC license.
15.29.030 Exemptions.
The following are exempt from the provisions of this chapter and shall be permitted in all zones:
A. Industrial processing equipment and scientific or medical equipment using frequencies regulated by
the FCC.
B. Antennas and related equipment no more than 1:; ree te,i feet in height that are being stored, shipped,
or displayed for sale.
C. Radar systems for military and civilian communication and navigation.
D. Wireless radio utilized for temporary emergency communications in the event of a disaster,.
E. Licensed amateur (ham) radio stations.
F. Satellite dish antennas less than two meters in diameter, including direct to home satellite services,
when used as a secondary use of the property.
G. Routine maintenance, p„µtt .N„ry;i: dyiM„dMI or repair of a personal wireless service facility and related
�iijte �N hoar it y0 to thestandards �'ff, ti ars
equipment �`a,t ����� tca��tit��atra katru�ia,t�tnti�, iirff�aia"utr�a"� t�^a�at ���������.� �
t �aa�atat�� awii�w��uia,,ird �,(�a�ttaatia tttructural work or changes in height, type or dimensions of antennas,
towers, or buildings)„ prevIde 44,# g aattat a G0FAP44N3,( w4,b ±ItiLpro0sJons of i 5,2 . 3.5 41;9
a�taaaa�rata.��i•�ta� oaa�rtt�aaaanl�aia�aaaaf.
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.
jw l uV.wud.. iwutiiTi uuru��tuaia j'. tmiiVmii mua s w l a .? i. ,aiaaaoa l y a t i� u a iii �j ..glij.9 c, � ns aa,n
fixtii.Nu*e s
15.29.035 Modification of Existing Wireless Tower or Base Station.
Pursuant to 47 U.S.0 Section 1455(a), any request from an eligible facility for modification of an existing
wireless tower or base station, which modification consists of a request for co -location, removal, or
replacement of transmission equipment, that does not substantially change the physical dimensions of
such tower or base station shall be administratively processed and approved. This section states
provisions and procedures applicable to (a) requests for modifications that do not substantially change
the physical dimensions of an existing wireless tower or base station, and (b) requests for modifications
that substantially change the physical dimensions of an existing wireless tower or base station
A. Definition of `substanfi l a h a a ”. •iµt toutaawi� ftaa araa,a k ail E a awe, hRa wtia t areae ioM
PLA tt,1ircta
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a~reax,i al eaWPj a-attaa~W.zR V, 4 �a p e wer,sys,a� tz�y,ad, atia os a,o -4. e 4n ee tfeaal , arKl+1di A
tK0
ge(';4qt �k ?Uatip" V'^
t;tta�tiau-, . 1a-i-a�o;t�rmia� ..�;.data.;,if°ta��mi�a�atw��a"ar�aa,tat�tra���a��,aaaa�aV�rpi.a;�w
10
{3�-A "substantial change in the physical dimensions" occurs if:
(a) the mounting of the proposed antenna on the tower would increase the existing height
of the tower by more than 10%, or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed twenty feet, whichever is
greater, except that the mounting of the proposed antenna may exceed the size limits set
forth in this paragraph if necessary to avoid interference with existing antennas; or
(b) the mounting of the proposed antenna would involve the installation of more than the
standard number of new equipment cabinets for the technology involved, not to exceed
four, or more than one new equipment shelter; or
(c) the mounting of the proposed antenna would involve adding an appurtenance to the
body of the tower that would protrude from the edge of the tower more than twenty feet,
or more than the width of the tower structure at the level of the appurtenance, whichever
is greater, except that the mounting of the proposed antenna may exceed the size limits
set forth in this paragraph if necessary to shelter the antenna from inclement weather or
to connect the antenna to the tower via cable; or
(d) the mounting of the proposed antenna would involve excavation outside the current
tower site, defined as the current boundaries of the leased or owned property
surrounding the tower and any access or utility easements currently related to the site.
B. Application. Any eligible facility requesting modification of an existing wireless tower or base station,
which modification consists of a request for co -location, removal, or replacement of transmission
equipment, shall submit an application, on a form provided by the City, for a modification permit. The
application shall include the following:
(1) The name, address, signature and contact information of the applicant, and identification of
relationship to any FCC licensee of the affected facility;
(2) Site plan or schematic drawing showing the current location and dimensions of the wireless
tower and base station, drawn to scale;
(3) Site plan and schematic drawing, drawn to scale, showing the location and dimensions of the
requested modification to the wireless tower and/or base station;
(4) A computation and description of the proposed modification establishing whether or not such
modification constitutes a substantial change in the physical dimensions of the existing facility;
and
11
(5) Any other information deemed necessary or appropriate by the City to assist in the timely
processing of the application.
C. review of Application — Determination of Substantial Change. Within 45 days of receipt of a complete
application for modification, the administrator shall review and issue a written determination as to whether
the requested modification constitutes (a) a substantial change to the physical dimensions of an existing
wireless tower or base station, or (b) no substantial change to the physical dimensions of an existing
wireless tower or base station. The administrator may request additional information from the applicant or
any other entity to assist in this determination. a .1-dcMta ,ex ditious r
eVJew�wt�� B ios aarei and
a ,u1fnVil CH i l Vd � v"(icxw t,IItU V h'$?VG"
(1) Modification Kermit -- Finding of No Substantial Change. If the administrator determines
that such application establishes that such requested modification does not substantially change
the physical dimensions of an existing wireless tower or base station, he shall issue a
modification permit. Issuance of such modification permit shall authorize issuance of any
necessary and appropriate building permits to accomplish such modification, subject to payment
by applicant of applicable permit fees and compliance with applicable permit requirements.
Issuance of all required permits shall occur within 90 days after receipt and approval of a
complete application for a modification permit. The administrator may impose conditions
necessary to achieve compliance with the provisions of this section.
(2) A lication — Finding of Substantial Chan e. If the administrator determines that such
application constitutes a substantial change to the physical dimensions of an existing wireless
tower or base station, he shall issue a written decision and deliver such decision to the applicant.
Any modification that substantially changes the physical dimensions of an existing wireless tower
or base station shall be subject to the applicable permit and application requirements of this
chapter.
D. Appeals. The decision of the administrator shall constitute an administrative decision subject to
appeal pursuant to Chapter 16.08 YMC.
15.29.040 Site selection criteria.
A. Any applicant proposing to construct an antenna support structure, or mount an antenna on an
existing structure, shall evaluate different sites withi w r�r t�aY arirti° rNe d w uusoto determine which site
will provide the best screening and camouflaging while providing adequate service to satisfy its function in
the applicant's g.0d system. If the applicant proposes a site that does not provide the best
opportunities for screening and camouflaging then the applicant must demonstrate by engineering
evidence why the facility cannot be located at the site where it can be best screened and camouflaged
and why the antenna must be located at the proposed site. Further, the applicant must demonstrate by
12
engineering evidence that the height requested is the minimum height necessary to fulfill the site's
function ..w4hi ::
B. Applications for necessary permits will only be processed when the applicant demonstrates either
that it is an FCC -licensed telecommunications provider or that it has agreements with an FCC -licensed
telecommunications provider for use or lease of the support structure.
C.uiin�n �m � ism r 1 u t°utj„nther i����,�ow power mobile radio service facilities shall be located and
designed to minimize any significant adverse impact on residential property values. Facilities shall be
placed in locations where the existing topography, vegetation, buildings, or other structures provide the
greatest amount of r aniouM r, e Gran
D. In all zones, location and design of facilities shall consider the impact of the facility on the
surrounding neighborhood and the visual impact within the zone district. In all zones, towers shall be
9r rcantt~ s*Kwilod fl „atop;
l cki n rrrlr rtor r6 awrW r � on u u � ��:y.r � r rr r l w, yeaOermthe facts and r ir(.Urnst��r��c � ,,�� �V� r �r��� ter . uA trio �ry
�o.ti"t��t°wtert� t-hntnr# oti-.ra���-�rrs�r�t��r�r����r�°rtlacs��rt sa�;t�rit���r��tnt�rr,.
15.29.045 Protected areas.
Protected areas are: (a) established federal, state or local historic districts or historic district overlay
zones; (b) proposed federal, state or local historic districts or historic district overlay zones filed for record
with the federal, state or local agency with jurisdiction (hereafter "pending” historic district or overlay
zones); (c) sites, buildings, structures or objects listed in the National Register of Historic Places; (d) state
and local wildlife refuges, and permanently protected archeological sites; and (e) designated areas
subject to preservation or protection through recorded conservation easement. Except as provided in
15.29.050, antennas and antenna support facilities are not permitted in or within 300 feet of any protected
area.
15.29.050 Priority of locations.
The order of priorities for locating new personal wireless service facilities shall be as follows:
A. Co..11rrcaflim n Co -locate antennas, towers and related structures on existing antennas, towers and
facilities in accordance with 1!'a."`19.0`1 5.u.rr1 15.29.080.
t: r l° a !Ert'_ r'rr u�s S.:t�� t i Np"r tgrr l'1 unn M ,iLject,, to the coiniulions stated:
rr�iWr`?..�t� Ie li�ll�uii�� u�ul21rc juu Viii ��f�w� �
t �irr tl..
13
C9. antennas and towers onpublic property aofurther described in15.2B.OG0
where such antennas, towers and related facilities are disguised by camouflagemeasures
approved bythe administrator.
A
antennas,
towers and related facilities on appropriate rights-of-way and existing structures, such as buildings,
towers, and water towers, inthe industrial and commercial zoning districts, wharaouohant»nnao.tower
and related facilities are disguised by camouflage andA)f-sleaM-measures approved by the administrator.
stijal go in LJstricts, Place antennas, towers and related facilities onproperties inthe
industrial zoning districts where such antennas, towers and related facilities are
approved bythe administrator. Antennas, towers and related facilities onproperties in
the industrial zoning districts, which proposed antennas, towers and/or related facilities are located within
300 feet from residential zoned diatricta, oho|| be approved by the adminiatrator, subject todisgWee by
camouf|agew4,teaft-h, deemed appropriate bythe administrator. Antennas, towers and related facilities
onpvopertieaintheinduatrim|zoningdiotricto.vvhiohpropouedantennna.tovve[aandno|otadfaci|iUeoore
14
Ilocated within 300 feet from a protected area require a conditional use permit with camouflage or rrvtaa4h
deemed appropriate.
E. LoccW V a uiess District LEt-;q_MV,@P Ltie tI, tau n �� l r V FX., �ir�l u t.6stdcts„ Place
antennas and towers in districts zoned Local Business District (B-2) and Large Commercial Center (LCC),
subject to the following conditions:
1. Antennas, antenna support structures and towers located within the Local Business District
(B-2) or Large Commercial Center (LCC) districts shall be placed, if possible, no closer than 300
feet from residential zoned districts and no closer than 300 feet of a protected area. An
application to locate a new antenna, antenna support structure or tower within the B-2 or LCC
districts, and more than 300 feet from residential zoned districts and more than 300 feet from a
protected area may approved by the administrator, subject to the administrator's approval of
camouflage dt at :: us -by stealth.
2. An applicant that wishes to locate a new antenna, antenna support structure or tower within
the B-2 or LCC districts, and within 300 feet from residential zoned districts or within 300 feet of a
protected area, shall demonstrate that a diligent effort has been made to locate the proposed
communications facilities on a site, private institutional structure, or other appropriate existing
structures more than 300 feet from residential zoned districts or more than 300 feet from a
protected areauti4�t ar�rLtrrtpp�^ m"nfcs ro p�, and that due to valid
considerations including physical constraints, and technological feasibility, no more appropriate
location is available. Such antennas, towers and related facilities may approved by the
administrator, subject to the administrator's approval of camouflage or 6sgti.0 .e -by s.rN..uW . Such
proposed structures are also subject to the balloon test and/or phOi-eV�k"LOE ! o
gi r sir s eau requirements of 15.29.070 in order to assist the administrator in determining
appropriate cam ouflag&4nd,4o
(W. V„ esidentW 7rinod districts.wEXCII Mt for =0 ceH !Ogg t&- I(gar s erirnitte un the residgtaV zoned
districts as set forth : ��ub ecfi rt B abo, c o, Vr �rkla�i�°� tri lace ta; ; ntennas and towers in residential
zoning districts or within 300 feet of residential zoned districts, other than within the B-2 and LCC zoning
districts as provided in subsection „V',;;;;;; above, V:».Iltt;r11Il be subject to the following conditions:
1. An applicant that wishes to locate a new antenna support structure in a residential zone, or
within 300 feet of residential zoned districts, shall demonstrate that a diligent effort has been
made to locate the proposed communications facilities on a government facility, a private
institutional structure, or other appropriate existing structures within a nonresidential zone Wflhn m
1ar��r d cV¢ rra�s rt(w IY�or�co_Ajbdlr, and that due to valid considerations including physical
constraints, and technological feasibility, no more appropriate location is available.
2. Applicants are required to demonstrate: (i) that they have contacted the owners of structures
in excess of thirty feet within a one-quarter mile radius of the site proposed and which from a
15
p
location standpoint could y ��owato ���r�� ���,..�.«��r���a�P-�r�s�n�ur��o� � �,���,lma i the,.
gr �mii mi A m � y r hw l 1� „of,.O'ie face lit nir dl a s n �� Ru a iw'w n�,r rk; (ii) have asked for
permission to install the antenna on those structures; and (iii) were denied permission of use for
reasons other than the ability or refusal of the applicant to pay a market rate for use of the
alternative structures.
3. The information submitted by the applicant shall include (i) a map of the area to be served
by the tower or antenna, (ii) its relationship to other cell sites in the applicant's network, and (iii)
an evaluation of existing buildings taller than 30 feet, within one-quarter mile of the proposed
tower or antenna which from a location standpoint could provide part of a network to provide
transmission of signals.
4. The proposed antenna, tower and antenna support structure is camouflaged er a a 9g Nunn o�1...b);
;.
1G. Pio�otect�W�W�vWar(las, Place antennas and towers in or within 300 feet of a protected area, other than
within the B-2 and LCC zoning districts as provided in subsection E above, subject to the following
conditions:
1. Antennas and towers facilities proposed to be located in or within 300 feet of an established
or pending federal, state or local historic district or historic district overlay, are facilities that may
affect districts, sites, buildings, structures or objects, significant in American history, architecture,
archeology, engineering or culture, that are listed, or are eligible for listing, in the National
Register of Historic Places. (See 16 U.S.C. 470w(5); 36 CFR part 60 and 800.). Applicant shall
comply with applicable provisions of the National Environmental Policy Act (NEPA), including but
not limited to the Environment Assessment provisions of 47 C.F.R. 1.1307, et seq. and comply
with any mitigations imposed therein.
2. An applicant that wishes to locate a new antenna support structure in or within 300 feet of
an a protected area, shall demonstrate that a diligent effort has been made to locate the
proposed communications facilities on a government facility, a private institutional structure, or
other appropriate existing structures or site outside and more than 300 feet from a protected
area, and that due to valid considerations including physical constraints, and technological
feasibility, no more appropriate location is available.
3. Applicants are required to demonstrate: (i) that they have contacted the owners of structures
in excess of thirty feet within a one-quarter mile radius of the site proposed and which from a
location standpoint � l e ��� few . _.�c� r ���� r s� ever �ef•�, ngeel the
gp2Picau q s network; (ii) have asked for
permission to install the antenna on those structures; and (iii) were denied permission of use for
reasons other than the ability or refusal of the applicant to pay a market rate for use of the
alternative structures.
16
4. The information submitted by the applicant shall include (i) a map of the area to be served
by the tower or antenna, (ii) its relationship to other cell sites in the applicant's network, and (iii)
an evaluation of existing buildings taller than 30 feet, within one-quarter mile of the proposed
tower or antenna which from a location standpoint could provide part of a network to provide
transmission of signals.
5. Antennas and towers facilities proposed to be located in an established or pending federal,
state or local historic district, historic district overlay, or other protected area, are subject to
review by the district's or organization's governing body or assigned committee regarding
recommendations for camouflagero-steafth, and landscaped sight -screening elements.
proposed support The ro ose antenna, tower an antenna su ort structure is
r tr ;a tt, ,re-r�-r-,4s-camouflaged.
15.29.060 Siting priority on public property.
A. Where public property is sought to be utilized by an applicant, priority for the use of government-
owned land for wireless antennas and towers will be given to the following entities in descending order:
1. City of Yakima, except that any facilities proposed for location within the Airport Safety
Overlay (ASO) are further subject to the limitations and requirements of Chapter 15.30 YMC;
2. Public safety agencies, including law enforcement, fire and ambulance services, which are
not part of the city of Yakima and private entities with a public safety agreement with the city of
Yakima;
3. Other governmental entities, for uses that are not related to public safety; and
4. Entities providing licensed commercial wireless telecommunication services including
cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced
specialized mobilized radio (ESMR), data, internet, paging, and similar services that are
marketed to the general public.
B. The placement of ersr neat"wireless service facilities on city -owned property
is subject to the discretion and approval of [ease ternis tOna,t are acc, ���N io.the city and must comply
with the following requirements:
1. The facilities will not interfere with the purpose for which the city -owned property is intended;
2. The facilities will have no significant adverse impact on surrounding private property, or any
significant adverse impact is mitigated by screening, camouflage or other condition required by
city;
3. The applicant shall obtain adequate liability insurance naming the city as loss payee and
commit to a lease agreement that includes equitable compensation for the use of public land and
17
other necessary provisions and safeguards. The city shall establish fees after considering
comparable rates in other cities, potential expenses, risks to the city, and other appropriate
factors;
4. The applicant will submit a letter of credit, performance bond, or other security acceptable to
the city to cover the costs of removing the facilities;
5. The lease shall provide that the applicant must agree that in the case of a declared
emergency or documented threat to public health, safety or welfare and following reasonable
notice the city may require the applicant to remove the facilities at the applicant's expense.
Telecommunication facilities serving essential government services and other government
agencies shall have priority over other users.
6. The applicant must reimburse the city for any related costs that the city incurs because of
the presence of the applicant's facilities;
7. The applicant must obtain all necessary land use approvals; and
8. The applicant must cooperate with the city's objective to encourage co -locations and thus
limit the number of cell sites requested.
C. Special Requirements for Parks. The use of city -owned parks for personal wireless service facilities
brings with it special concerns due to the unique nature of these sites. The placement of personal
wireless service facilities in a park will be allowed only when the following additional requirements are
met:
1. The city parks commission has reviewed and made a recommendation regarding proposed
personal wireless service facilities to be located in the park and this recommendation has been
forwarded to the city council for consideration and approval;
2. In no case shall personal wireless service facilities be allowed in designated critical areas
(except aquifer recharge areas) unless they are co -located on existing facilities;
3. Before personal wireless service facilities may be located in public parks, visual impacts and
disruption of normal public use shall be mitigated;
4. Personal wireless service facilities may be located in public parks that are adjacent to an
existing commercial or industrial zone;
5. Personal wireless service facilities may be located in park maintenance facilities.
15.29.070 Required submittals and testing.
18
Required submittals include:
A. If the applicant is not the landowner, twyttt srlt f Uyw all t t aaal d ur al (t(j < taoao from the q ando rwrarto
submit „for r2gr pits on the landowner'sf���C� �Ufft��� I��nrtowv sr��� cl�otf•f a �u����Urt�a�°tet mea �p,�ptf ���t�.���.�M�tt
sh atllkrfr;...thiiq applk4 do . If any applicant is a corporation, trust, association, or other organized group or
legal entity, it shall provide the date of such creation, and, if a foreign corporation, a copy of the certificate
of authority filed with the state of Washington, Secretary of State's Office.
B. An affidavit signed by the applicant, landowner (co -applicant), and the antenna support structure
owners, if different, indicating that:
1. They agree to dismantle and remove the WCF/antenna support structure and restore the
site to its approximate original pre -structure condition within the applicable time limits set forth in
YMC 15.29.120 following receipt of a letter from the city indicting that the facility is deemed
abandoned or in violation of this chapter; and,
2. In the case of freestanding /antenna support structures, they consent to co -location, at
reasonable terms, of as many antennas and related equipment as feasible, including those of
other communication providers, on the applicant's structure/site.
C. Complete application for conditional use permit, including State Environmental Policy Act (SEPA)
checklist, ito aha aa°t.
D. A "balloon test®required for any
al ftUarrtCur uMl as ayr° ratt rt ra is urra�n ewe � al
Or vtkm� �� (L AI NwU8Wns1,__ (!
order better Rrfetraa the raGft�Utia fpk� � GP U sk fiN p tl d4 Qd kllka .4 liP�GT" c dV ll!I hold
t��,tr�a�ra twf�� l tt...t�lurrrITaat �ttnAU.aratttc t�'!..�ly�..rar amrruw_mftptmm<a aarfmrta�r�rmat��a�pt�....bra_a�f��tty�r�Uc�rf.�aptmU�a��lgrfr�rmra
t o�dtr, � icratn�r��
tie tttfkgse fmmtoatfe lie,dat,0S ra"ar',Uuf liaaa „ secoffd datein cels cf per�t., gp Ata�if�Y ����u,..t initW dale t�gjgtti,.
a�k�ww�.R
an(J Ilrrc aiaon of ffiis bafloon Gest,'1haH Gia::.� �aidveu_ll a..�af,iaiL wfi...f�,p^t�ff�
dy raeao gf the firsttest, date Gra a newsr, rd j ,)iu� ant t�aH
gE)forM (,j[eQjjyja totalatt, of tlte dales and tirnips sof the Uesst ttt qra St,.faLH epfa (i�tp �t"��.U; .vadvance,,, UMsNtt�
pa:a.Ulloon &41 be flown �foi at Uamst i�araalI' c rse mamma e hours �� between �a atom On thie
��a mrma.afllu aea�r � err'1a�tUli"ae et'brW'e4kN"r �:��%� a��raa a�Crva.,�..
dates eiaoaaoaa f iar tr irgLy tg'.t slmH be on a weekend Vsr.at d,'a �t� ��l t��a a� a�tN�ttu �a1-tiu alraittlaLL41
pa aaaaat,rrtr tattrr.ra.a�.G ,r fWaaa tete t ,...No trees si,viGl be removed to coriduct the G , pia' on tarsi a ,...rgo!j
r8 ut a
au"ato�aan�towvaaw-oa•�att"au. �f,Mfa��t~~� ` �pr~oto��a„ „r Lt,g�ff ��baf�t�hol t attt #4� ft��µbr �tar�f��.paot. f
�a����.�1�ar�lto��a~a•tat.,�t�a-sYl ��aaa�,fa�aotaa,t�at��uM.~tav��tk�e
tra oaaa ff aa'a t#a a aera�act ;a fll aatr art a t„fa of tl @ lrva� toa,"n test troryl tlalratew( wt laaa.ratro,rj foc to
„r;rl r fr�pttptl three l` Ui fired f et from the Ilbase of tfa���k rra tt � a e� r -112,d s,),c
circ Ilairrfereaagj;,around tta tr a ���� tai r r� �,rpr� tfaae�� pima taa�aa lam att��f fpraa� k�rra tfell rarre aaa�u°frrr IrriiNr
19
from Uhe base of."the.t) Q towershall be s Nbmittuw cV vifthin 't two h " N�k � �����e the commencement N lic�^��N°Nent �)f il'lie
con test,
60('1 u r .lt
flaide 'fen be4we the
&aA" to 11
i�rir�itaf-r'�fm,.o�a ���a��4kt�"pry'o«uu�•-fuc�ta�af-�,�a���u�fto��-tet ttu..��t"��r"ul� 1�������t lt����lO:, t���6s�sf&�Pt~�
Grd (if...�
apphGatucIi•NN City M4 Il Lg Also post notice at a location or locations deemed appropriate by the city, and
will provide notice to the governing body of any affected historic district association or organization.
Additionally, and without limitation, the city may use any other means deemed advisable to provide
advance notice to the public.
E. Other related requests may include any combination of site plans, surveys, maps, technical reports,
or written narratives necessary to convey the information required by this chapter in addition to any
additional requirements of YMC Title 15, and other applicable ordinances;
F. At iattaNIat6alffrlN agmmi`rrwuImrymVa Nolr Vnf,a jNarWfilt„of the proposed facility fl
Laggired for aH� ,4% Vic"u tut'frnP Iatt ur�g3li.a.0a condulu��,uic pgmA:Mt or vwj Dw a f���r��• fil�f oaf � Nei a. i
is�r�.���N�rtt-a��"�.~w�t�d"�iaff�w�t������t-vtty�✓!~��...dnr:Nt���:�,���m ��ust�-�,s�l`�r° �s ��.-.. ��N�t���°�.is
hots th -t*loo l leu;
Nt f N 4,6 � f »� iNi di �N V a 1 ti r N"'I'io i fief AGS°
r�� „M1" mall cell Jnsta lat,g ls':'a�N "pica ,q! lltnt.,ui rgb~ r �i.�., �4khwwswhaH
t Bi q 6w* I P N uR i t uNllt ut�,Ik N I S V, i iN tic , Ia s N i..1 7t� k ip atm„ m PV„ i )tlki ',toi,����t'��0"e i
�_M....
it ,t from fi;i
Ott i Ni"�"�.74ifer' i i�rar�f aa8ke of q hq Nt _,L0, " it r ParlllVkll Ntl„ rn f or rn"pn e (ra(,ifll��i...
1ama"!gri duu a tuwfr" �ith...: ndr��lt;ho„ut fok t std ho, �Ir�litLt �
t�� u11 ��G ��c V� k aa� la�c�m r u°�I
1.h..w
E� ct Ltjgaq aq)!o f ntaflons of"before and oftan¢ � Iiµ .�i� uier��,il Gt �� � �,u„i a µGr a V� �a21& �nt
w�fltianthe,cdrl f; Vi aib.i....Guidance �'” H, mbP4""PjjNy"L�yWed„ cif �? NNIr� ..�'�,u�” gip 'rc)12 lrgife Lp _. ttt it�u
2 � aflon eeti ".� "„” �a. .�.. „, tri lg toN"; rpt k_ m iu �ar� ,t'fis rug
" � �, i', ,� � ��^w�6"71a��°��� fico �u� t�”
"N�atN���"Il�aaet9R"1� Na��f '�aNall �fl�dVO'£r t��m� R�r"aaP��N� t�YM'.
20
�a' rnrrt" r r kd 10U �� i rrt,,, t w A u �i �r m � � w as t � pV1�M�""cu hH u� rt.° n� VtUHr Ifo
wri i�ii,�ws
t � towe....��L,�itr wrd�{iut �r.,,� wn,iiimtat�u��„���„ ���� � d�u�j�c�u�y�t��q';�wmi� �a��l� u�t �t�s ���.� ._ ..,.._,rc
µ L,rr'c ywo Vr"j Jglet3 rc ��' 4 gV
G. A site elevation and landscaping plan indicating the specific placement of the facility on the site, the
location of existing structures, trees, and other significant site features, the type and location of plant
materials used to sGk4en i rrrnoLr(Lggrrthe facility, and the proposed materials used to construct and
color(s) of the facility;
H. A signed statement indicating that (1) the applicant and landowner agree they will allow co -location
of additional personal wireless service facilities by other providers on the applicant's structure or within
the same site location, subject to good faith negotiation of compensation according to ; re'.&u a:iti ;'t"""'market
rates, and (2) the applicant and/or landlord agree to remove the facility within 6..^';w; (,,i„ days after
abandonment;
I.wrq wiu i r wau d �a A �� iww i p tmVmwhecMist t I ��rtern in Whether r a i � uNit ii,S, � I r�� j L&
wirelesso...... t w ,f,j in t �li�~�iion Mit d fswl�
� .�.
t' w taw r"w r y Rh, Ole ..CurriontQS!,t4I ���r� st�,i1 �t� 4�ce ( II �� ,. l�� uro � r °�c ����rm llflrr rA rjoaurS.
rr lr in. BEE! ift a iw �rA Y"Las ��� ed 1.C. r v uw°tri„ rr awiai iii o� of is wf., "rr'w"r arrarrs"r' rrtwri s r rn"rr r''t
r .g��..
�i�"L'W��'W ���rrc'1"�."(F,V"N1�"a�a.,..,�'"4'�.�r,.tl"4•^„�"""4�'v;i4M Abu'p"M';iW".6:„'�T'�'”�"'�"w'�'""Yk�”9'W'"4"nN'rG"V'Ne"Y"i"�"ik"�'"4�"d':ti�'N YLLb V%.LL ["�W' R�'�...r,�y�.�`4��N f'�:%'�ul!'"" P�M9Mn'�:�'��"V'V"
tli i iiirr r: t - r tnr° -i at-ob�4ate iii r s wry m t tw , r'r orrw 'o r� wr°wt V # rr re rsr r t
o tuq rt rpt i rrww cwt
that ILi1g.pro r !ie' pusU,;Ku�lrB2t,mr AIrt , rp, fat r RF Mta rfp , nc ....fth cti eir
1rrV wrrrirw'gwnu.ru � �r a� rw devigf.,I_ z
r a l t" clj mt a ..A ( ur�r a t,",,;r t air rill for the use � he Mr fl e
.��, cdmtr�a°ri�ta rt a��� r.aP illmw� wuuw Ilr* tr Ilr��urrNiiru.aur,~nrtuuw,-
.i
L... A site plan clearly indicating the location, type and height of the proposed tower or antenna support
structure and antenna, accessory buildings, fencing, landscaping, topographic contours of the site at two -
foot intervals, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed
means of access, setbacks from property lines, elevation drawings of the proposed tower; and all other
items required in this chapter;
NIX::. A current map and aerial showing the location of the proposed tower, a map showing the locations
and service areas of other personal wireless service facilities operated by the applicant, or sites acquired
by applicant for the benefit of, or on behalf of, any other personal wireless service facility operator, and
those proposed by the applicant that are close enough to impact service within the city;
21
t1j::. Legal description of the parcel, if applicable;
O~. The approximate distance between the proposed tower and the nearest, residential unit, platted
residentially zoned properties, and unplatted residentially zoned properties;
A landscape and irrigation plan showing specific landscape materials and irrigation system;
(."P. Method of fencing, and finished color and, if applicable, the method of camouflage and illumination;
„II2. A letter signed by the applicant stating the tower will comply with all FAA regulations and EIA
Standards and all other applicable federal, state and local laws and regulations;
SQ. A statement by the applicant that the design of the tower will accommodate co -location of
additional antennas for future users;
....V!!s, The telecommunications company must demonstrate that it is licensed by the FCC if required to be
licensed under FCC regulations, wil iGB ui 2g2 ", r ¢ irerneints;
, S. The applicant, if not the telecommunications service provider, shall submit proof of lease
agreements with an FCC licensed telecommunications provider if such telecommunications provider is
required to be licensed by the FCC; and
" ':N::.. At the time of site selection, the applicant -shall demonstrate how the proposed site fits into its
overall network within the city.
NIli. A map showing the location of any properties that are within 30one! .f,wwarl ur mile of the
proposed site that are protected areas.
15.29.080 Co -location.
To minimize adverse visual impacts associated with the proliferation of towers, co -location of personal
wireless service facilities on existing or new towers is encouraged as follows:
A. Proposed facilities may, and are encouraged to, co -locate onto existing towers. Such co -location is
permitted by right and a new or additional conditional use permit approval is not required, unless
additional height or dimensions are proposed that constitute a substantial change to the tower and/or
base station pursuant to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012.
n�rr n:u
lotowers nus f i y.. r s ritW chart e as defined N� ,1 29 a au,,,
.Lg,ff r Io yii �L _, f2roc duures and reason Ue condifionn to assure c ogsi teen °yp
uy8b,it�,urutui.GGwar with the policy, site criteria, and
Gt,a+ldsof-)u�Ju; � eniRWcamouflaging provisions contained in this chapter.
22
l::tu. fttr'rf„,.r�rrl,rttfet llelrte the llMrr'rrfftrrr�i���+t�•u of "•c otuII u,se
U -A 1... f)fFGXWII, iS
!','llnuw :urtlw'w I,.
C. The city may deny an application to construct new facilities if the applicant has not shown by
substantial evidence that it has made a diligent effort to mount the facilities on an existing structure or
tower wllltl” flGf one'r ¢ t,u u�lfl .t.) .. Ir stWatf a tf " fl flluty
D. To reduce the number of antenna support structures needed in the city in the future, new proposed
support structures shall be designed to accommodate antennas for more than one wireless service
provider, unless the applicant demonstrates why such design is not r wu �a fl, .ugL Laclfl apt° pfa flr1ot
feasible for technical or physical reasons; or for aesthetic reasons necessary to preserve camouflaging or
stealth structures in residential or protected areas.
E. &a'fl-�sorva
egi,,rAprne,r t neai-'..Rare
rw'arst�"�r°wd-wt�lte;�kl•��,�row�fl��r���fe�"�wr'�flul w�rl�'+��`b�t����an�f��r��l�rr��rawu�-��a,)t� 9e�as�t�d�e�r���t'tlre
kx'wae ti l ° e° eN k r4f drµ l i M" ., 1 l i t e...r w 9 rfl M d d ,r��, aw-J... q; # &—sRt " h
fay -e a r .-mum p ol. e e -p The ci„ c ra ,shall:examine the
r��l,�uiit orf rfr.:r iur rrnmo.;•. tf^ fir"ffJr rfry rw l ef, tz ftr rslfuffal�f ffk!,L fl rferrrzrnrf for �trt I flesdt fear it" b. ddtlr�rn" l
eft.
rw r„uffwlr tau fi rtlir tucfln for Arflt i frfltrra r lrrr Ruflr� . f"l°ue freer „tlrnil be tr¢r t t�aI4
� � .� _,. mf......,, ... ..�, ..........',....��w"..
m .� w.._. ..�....... ... A ��o�.�,. .. tim.�_ .` r �°ttl�r to-., �rP p� �"ff.'
&r ggMD2od tr t Ile a st fear r rt utronat r"rt�e�'in� cud°rA " n r ti„w l t tlur e of f..
q�iggglg mj.lwm ..9 uuef rug
nf, At ur f cf tP°ret tr�fvlur eorf –irk %yritfler Rerriorlstr te;r. that the "rremok,�irHIS Of trutrur sf u�rrerl ii.r�� rteorf
t tr flr��or is ,�, �, Moro rrtt'�l�fy uurrf�l�l:�r� tnr ahle sur cree trt��an uninece� ��,��r rEd,
o�Lfl fl frl tr�irreler a flV Ml9l f flrw
ftipwr`"ra,soxtattlbur rrn tatfewR g...pir°w.�.
t' f„trrk4id d'wireless facjllutorrrs arta andtrurfl fiEM%)-0 *'ft i,:�
2` l V rrww fluont er of r� r 't'irrr ��rrrf rrtr etr i lrr ^�r ee r�tk” out Wrr � e .n tr�lw uw: rwuruur uruuriir r:rtuwwu u l rw Hities
...�.w. __ m_. t._......... p............����.....,,_.,...,,......................................................................................................... ���weee���,a eeeeeee�,a e.,,,w..w....
lwrftl�afCe5't,trerr Pt!ffl et-rl~.Nfffaftlt,.ft�rurVuff,..
The r$�'4dflVe.r (Lf a '� �,F�ar ted r�r” �rr4rl ��t��tlt�R �flfl�l r� � �� 9qt �&Rte fl "?.a. lYMa�im�mrl � tV �r; 4fl4 r�P'�r� t�4hth toi"" t1�40
r�'._ f ... �a .
P"rererl rr e ref ttre rNr rrrrerf tr' rr' r tr ft f cba,. uir llr ftrewrur ffue rrlr it urr the fflrtrure,..arld tl1„0.
'tfaRrfrrtrdu flfVkr,...frsum)lrlf
23
bj"_P awl p P c M lir Qn ar �u i..l"Q a uw g°w � w hare use of t&���r ��m �� ..���wd��,cs 1
otl„aer Ila°z ecamaamna.aatnt 1Qq'n,m Ra��„Ider..,:
9�„ TM :_� _.mm.wt�tar is w air utal l boy
w "..� � � i t a�a r , Il n� a a Qww,wtr r i g ra l�"�decomr�rr��,���acafi irc a a
� Qu°w�a iu.a ��tc aat u�waw ,not ��ni� t ¢b H�°� � ��t_����ti;�� p� @:l°w � ��a��t ���itte
a ()4qq! de,si Ljggg,ajrjrthan and�m�akite nan
�roa apart ,ua0trutru j ITtt twm to d0i"ar n. IVl. �hec ss t„��da�tunaM�Ra: t�����ttria°�B �a�t�ai� at
A .tiLq[ IIVQ M lIate wyyk shared 0.AGQ1 'VVMQklf causP1P01 MLM�11,L
L
�xlndifl a"� ,.l au lned I c a a � a kin . as° �a°Q t : a a �a , , 4;ii � w ww nfr,sa f-&
F. All t-,)w~mu t -wireless service providers or lessees or agents thereof shall cooperate in good faith to
accommodate co -location with competitors tt..,i�to cru"sec��•ttl�iItn.o,Vtua� t���
May. twhf* ac
a .. y�...�l pit ,a a 1( tyu a ma.pa l"t{trya ryrq a rama a tp p9 opp�a puyra" paryra y ry as ryt�gy o t p It a " t gWw of t 1
�i➢�'�'"4F^in"Ni'fi"���°il' P��""9',”�9"`"�t�"'N"a�m"'4NY'.�B'Y�'"iY 4iCY�Yn"N"�W"�"ti"'W:��""�d''S.,aM YW',:#R"n;�''Yn"W"�W"9n'Y4 A;Ar"'""Y'�PT"t yG`M.���"�'Y"��P M�PS�'4M'"�Y"N'�,"Aa'�i"9 a�''4�'p'W 'a"�'e.
15.29.090 Design criteria.
A. As provided above, new facilities shall be designed to accommodate co -location, unless the
applicant demonstrates why such design is rnrt ut"� mall' aaawta« t a t sGm or not feasible for 9GGRGFRaG,
technical, or physical reasons.
B. All facilities shall comply with the following standards:
1. Setback. A tower's setback shall be measured from the base of the tower to the property
line of the parcel on which it is located. In residential zones or where a proposed tower is on
property abutting a residential use, towers shall be set back from all property lines a distance
equal to one hundred percent of tower height as measured from ground level. In all other zones,
or where a proposed tower site does not adjoin an existing residential use, towers shall be set
back a minimum of thirty feet. When making a decision on a variance application to reduce
setbacks, the hearing examiner shall consider the following:
a. Impact on adjacent properties, including viewsheds, shadowing, visual dominance of
the tower and base structures as seen from streets and rights-of-way, and historic integrity
of the neighborhood;
b. Alternative sites for personal wireless facilities; and
24
c. The extent to which screening and camouflaging will mitigate the effects of the
personal wireless facilities.
2. Right -of -Way Setback Exception. The setback requirement is waived if the antenna and
antenna support structure are located in the city right-of-way, provided the antenna is attached to
an existing utility pole and does not substantially increase the height of the utility pole and/or
extend above the utility pole by an amount determined to be a substantial modification pursuant
to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 and applicable
interpretations of the Federal Communications Commission,,c) i ��
_ B�c r r."ate"
(wLY I Lr-_' QmT2r'r) t' adrek" p ay% . � � re t' w { tre ` k°re rea iV a pA ar "fir dii w attached to utility poles
are permitted in all zones w fi w� � a tjon of condhion �i �� 3 ��� "u"�r�a�� ��r1��rere
,u,PQu utopkl F If '� aMflrcln )rolpgig ugaa)w,subject to approval by the city in its sole discretion, and
pursuant to license or franchise agreements with the city.
3. Tower and Antenna Height. The applicant shall have the burden of demonstrating that the
tower and antenna is the minimum height required to meet the proven communications need. No
tower or antenna that is taller than this minimum height shall be approved. No tower or mount
together with antenna shall exceed sixty Qjjeet in all single-family, multifamily residential,
Downtown Commercial, and Professional Office zones or one hundred ten feet in other zones.
)o mrnretto "t"oaqc c„cprngda o locauoi� of 0tLI('Lj"m Yk(k�p ,.
"VNIA fiv'&41' UAI . . feel --#G °
�u�"rrre" „ �._:� resr�v�i�re��•�w�:�.reR�ryi��^�r�c���re..�,ret��m ; "".iia t�au��-„ter^^�pr-���� f"����ve�p ��”"reg°������..:t���`
pesid r4a4 4, hArieW
�r�^1.�4'" �4��A'�1C'".�,"G•�'W�'µ"'�M'�•""tt'"H'"4AAi'"tti,"�''�N�'4'"tiGB.�."W":�"s:'u"I"�W�F'4'�1"'0.1�i�"�'re.$i'M1,.,F��,�°N'N'r%'�'U'�.,�"��Nk"���'A^�'���w""�re��'�,'�'�'�I'�';�`Y"4'M`Y '"4�"�"
vr6e�a{4o i"rrsre'�rre '�w^L t.wrnr� mly,.
45. Color. Towers shall have a dark color such as forest green, charcoal or dark brown,
depending on the surroundings or background that minimizes their visibility, unless a different
color is required by the i'!!!!4G 9:' "FAA. Colors shall be maintained and repainted as necessary to
maintain original color, to repair fading through weathering, and to prevent flaking.
jj6. 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.
fur. Fencing. A well -constructed wall or wooden fence not less than six feet in height from the
finished grade shall be provided around each personal wireless service facility. Access to the
tower shall be through a locked gate. The use of chain link, plastic, vinyl, or wire fencing is
25
prohibited unless it is fully screened from public view by a minimum eight -foot -wide landscaping
strip.
8. Landscaping.
a. Landscaping L ,ar r lay rnent of c anio ui age Landscaping, as described
herein, shall be required to buffer personal wireless service facilities to soften the
appearance of the cell site. The city may permit any combination of existing vegetation,
topography, walls, decorative fences or other on-site features instead of landscaping, if
they achieve the same degree of screening as the required landscaping. Wire fencing may
be allowed if it is fully screened. If the antenna is mounted flush on an existing building, and
other equipment is housed inside an existing structure, landscaping shall not be required.
b. Buffers. The visual impacts of a personal wireless service facility shall be mitigated
through landscaping or other screening materials at the base of the tower and ancillary
structures. The following landscaping and buffering shall be required around the perimeter
of the tower and accessory structures. Landscaping shall be installed on the outside of
fences. Further, existing vegetation shall be preserved to the maximum extent practicable
and may be used as a substitute for or as a supplement to landscaping requirements.
i. A row of evergreen trees a minimum of six feet tall at planting a maximum of six
feet apart shall be planted around the perimeter of the fence.
ii. A continuous hedge at least thirty-six inches high at planting capable of growing
to at least forty-eight inches in height within eighteen months shall be planted in front
of the tree line referenced above.
iii. An automatic irrigation system providing irrigation as needed according to plant
type, season and maturity of plantings.
iv. To guarantee required landscaping the applicant shall provide the city with a two-
year landscape maintenance guarantee.
v.. In the event that landscaping is not maintained at the required level after the two-
year landscape guarantee period, the city after giving thirty days' advance written
notice may maintain or establish the landscaping and bill both the owner and lessee
for such costs until such costs are paid in full.
9. Screening. Screening, camouflaging or otherwise integrating a telecommunications facility
into existing features on the site in order to make the facility as visually unobtrusive as possible,
shall take priority over increased height to accommodate co -location. A personal wireless
M,
telecommunications facility shall be integrated through location and design to blend in with the
existing "character" of the site so as to be visually unobtrusive or screened. To be considered
screened the tower or mount shall be placed amongst and adjacent to (within twenty feet) of the
drip line of three or more evergreen trees at least seventy-five percent of the height of the facility.
To ensure the screening trees are preserved the following note shall be recorded on the property
title:
All trees within 50 feet of the telecommunications facility located on this property, which
serve to screen the telecommunications facility shall be retained for the life of the
telecommunications facility. Screening trees may only be removed if deemed diseased or
dangerous by a certified arborist. Before any trees can be removed a report from the
certified arborist shall be submitted to the City for review and approval. Unless approved
by the City, only that portion of the tree required to remove the hazard can be removed.
If located in or within 300 feet of a residential zoning district or in or within 300 feet of a I gMgi g igi
?12,q, � vo l y anar;
strw,31urem, sites, sted-irt"4Vw P apt
N-cr s witdlotwrt�rvtd frrsrna�� o-1,l�trctoare'l°utiat dte camouflaging shall
be accomplished by designing the facility to look like surrounding evergreen trees or
other customary structures in the area .kir1!g,'§ ti r � lw kr t uta � RI l pry ur°�j„t
_.
je.�.� ,.ww call i
apV r��rr�er ul���t.l@ �rursrthe, tsts.�.
and,
w.
10. Required Parking. If the cell site is fully automated, adequate parking shall be required for
maintenance workers. If the site is not automated, arrangements for adequate off-street parking
shall be made and documentation thereof provided to the city. Security fencing should be
colored or should be of a design which blends into the existing environment.
11. Antenna Criteria. Antenna on or above a structure shall be subject to the following:
a. The antenna shall be architecturally compatible with the building and wall on which it is
mounted, and shall be designed and located so as to minimize any adverse aesthetic
impact.
b. The antenna shall be mounted on a wall of an existing building in a configuration as
flush to the wall as technically possible and shall not project above the wall on which it is
mounted unless it must be for technical reasons. In no event shall an antenna project more
than sixteen feet above the roofline, including parapets.
c. The antenna shall be constructed, painted, or fully screened to match as closely as
possible the color and texture of the building and wall on which it is mounted.
27
d. The antenna may be attached to an existing Goi!:if9;:m4iqg mechanical equipment
enclosure which projects above the roof ofthe building, but may not project any higher than
the enclosure.
e. Kanaccessory equipment shelter ispresent, dmust blend with the surrounding
buildings in architectural character,j, atada�s and color.
[ The antenna and any accessory buildings must be architecturally and visually (color,
oiae, bulk) compatible bhounounding existing buildings, structures,
vegetation, and uses. Such facilities will beconsidered architecturally and visually
compatible if they are camouflaged to disguise the facility.
g. Site location and development shall preserve the pre-existing character of the site as
much as possible. Existing vegetation should be preserved orimproved, and disturbance of
the existing topography of the site should be minimized, unless such disturbance would
result inless visual impact ofthe site unthe surrounding area.
h. On buildings thirty feet or less in height, the antenna maybe mounted on the roof if the
following additional criteria are satisfied:
i The city finds that disnot technically possible oraesthetically desirable tomount
the antenna onawall.
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.
-0 toot WW6-and *X"AA441,'10
28
If the antenna is placed on the roof or above the top of a building, it shall provide to 'the
a',dent "l'er'rsitl In a minimum setback equal to the height of the panel antenna from the
rooftop edge.
Antenna, antenna arrays, and support structures not -on, t ubhGl^ own-c4wropwy-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 gggjp�y Mit Llpgpgg ^I.kjUp1 Aon l g gdg l !2dard h&ta+4 ;
por �r y...iwvra o „'The
antenna, antenna array, and their support structure shall be a color that matches the field
or trim color of the structure on which they are mounted.
j. Guy Wires Restricted. No guy or other support wires shall be used in connection with
such antenna, antenna array, or its support structure except when used to anchor the
antenna, antenna array, or support structure to an existing building to which such antenna,
antenna array, or support structure is attached.
nrrrrarr' �nl`'tta�at�a l,p�'� orakA
mt^.'t^`1���:t;y,
o t ro 1. is ruultulrr� gi b, k ll i���ow t*,3404K -n4tw.
12. Equipment Structures.
a. Ground level equipment, buildings, and the tower base shall be screened from public
view and from the view of abutting properties. The standards for the equipment buildings
are as follows:
b. The maximum floor area is 4wOo-;flve hundred square feet and the maximum height is
lrsu';?a M9 JlorUll„lid
twelve eet, ��mj[,s t o F�p ��^^rrsro� r� aru�onntirato. that a...._
�.�j k,^".^,,” . l nnn..
g�� ason bl oro u� to am o n r r atr tea irn ar �orl U r ulGt art aoo �l�to ^tr irrr at;jlrA .
c. Except in unusual circumstances or for other public policy considerations the
equipment building may be located no more than two hundred fifty feet from the tower or
antenna. anrt...tl�..Tom„,...to^�:ty^;Wi•rt�ottlswt�a:.w
F&U(tufGS-of GFA or4;orf--lac er of olrmrer :W
d. Ground level buildings shall be screened from view by landscape plantings, fencing, or
other appropriate means, as specified herein or in other city ordinances.
e. In instances where equipment buildings are located in residential zones, equipment
buildings shall comply with setback requirements and shall be designed so as to conform in
appearance with nearby residential structures, including building form, materials and color.
29
f. Roof -mounted. Equipment buildings mounted on a roof shall be designed to match and
be integrated into the exterior design and materials of the building. Equipment for roof -
mounted antenna may also be located within the building on which the antenna is mounted.
Equipment buildings, antenna, and related equipment shall occupy no more than twenty-
five percent of the total roof area of the building the facility is mounted on, which may vary
41-Owi GSW co -location and an adequate i w°° w . �
is used.
13. Federal Requirements. All towers must meet or exceed current standards and regulations
of the FAA, the FCC, and any other agency of the federal government with the authority to
regulate towers and antennas. If those standards and regulations are changed, then
wireless service providers governed by this chapter shall bring their towers and antennas into
compliance with the revised standards and regulations within w;u i),' months of their effective
date or the timelines provided by the revised standards and regulations, whichever time period is
longer.twhe,.ravlii utaa�,;g..at�.�taior ire°rt u�iiv to ,.,,tow,�ri'
x,f(W-f)' O ittect ' f t rat � +�,aFailure to bring towers and
antennas into compliance with the revised standards and regulations shall constitute grounds for
revocation of pq av liiL,
14. Building Codes — Safety Standards. To ensure the structural integrity of towers, the owner
of a tower shall ensure that it is maintained in compliance with standards contained in applicable
city building codes and the applicable standards for towers that are published by the Electronic
Industries Association ("EIA"), as amended from time to time. If, upon inspection, the city
concludes that a tower fails to comply with such codes and standards and constitutes a danger
to persons or property, then upon notice being provided to the owner of the tower, the owner
shall have thirty days to bring the tower into compliance with such standards. If the owner fails to
bring its tower into compliance within thirty days, the city may remove the tower at the owner's
expense.
15. Structural Design. Towers shall be constructed to tll;a °IliII EIA Standards, which may
be amended from time to time, and to all applicable construction/building codes. Further, any
improvements or additions to existing towers shall require submission of site plans stamped by a
professional engineer that demonstrates compliance with the EIA Standards and all other good
industry practices. The plans shall be submitted and reviewed at the time building permits are
requested.
No personal wireless service provider or lessee shall fail to assure that its antenna complies at
all times with the current applicable FCC RF Emission standards. frs i��tt�mra
t� t°bwt��vi coh frov,�er��irt..°�rvtto.,.1 rredt
��r�;�to�ko�t�r���ee•t,a��t°�t`�att���lo•Iru~•�-�N�st tf&ot-e-mea',�tea��"-���I��s-~R��i�4t���-"��tm
30
��r�t���'i�� �+�n�l•�°��:� �-��-���a�r��.�� �wR���,���� ����a�.m
16. Antenna Support Structure Safety. S f Ift w�fs�ro npwitttfcrut ttft ta�rftwwshall bftw sec !L
u!.rrataithoriz.ed e"r 4__T -h a fAoavR��a-
star rturu a .saf,a ""inic he c,rurcarrerr i� ura w vitt rr rt t rr rrofl ttw dfa rf1 d f.r afrp u.t., rr r �flr
.rrirrr„wsttics�r�crc`ef'c�r r:�r°,lrr°�r�rcc:�All support structures shall befitted with anti -
climbing devices, as approved by the manufacturers.
15.29.100 Permits required.
In addition to the other provisions of this chapter the following permits are required unless otherwise
stated:
A. The following, which are subject to administrative review, approval and permit:
1. Modifications to eligible existing facilities pursuant to 15.29.035 and 15.29.080 that do not
constitute a substantial change; modifications that constitute a substantial change require a
variance;
”, Simi,H r rpllll„ut t HatkYiiii.ii.. clwf m kftcTfju ftf m f°cry sgton t ac� �f ^f
qPLJEQYqd ty ipip:...Q.fty
32. Antennas, towers and related facilities located within or upon government-owned property
or structures where such antennas, towers and related facilities are as
w rnr.1/r.uF..r°wi:uµafth measures approved by the city;
3. Antennas, towers and related facilities located on appropriate rights-of-way and existing
structures, such as buildings, towers, and water towers, in industrial and commercial zoning
districts where such antennas, towers and related facilities are c fir (x-f'-b)camouflager��l aR&c' it
stur';!rtth....measapproved by the city;
. Antennas, towers and related facilities located within industrial zones of the city, including
proposed locations within 300 feet of residential zoned districts, where such antennas, towers
and related facilities are isgu"d-t y -camouflaged by the
city;
5. Antennas, towers and related facilities located within the Local Business District (B-2) and
Large Convenience Center (LCC) zoning districts where such proposed site is (a) more than 300
feet from residentially zoned districts and more than 300 feet from a protected area, and (b) such
structures are camouflaged approved by the city.
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An applicant that wishes to locate a new antenna, antenna support structure or tower within the
B-2 or LCC districts, and within 300 feet from residential zoned districts or within 300 feet of a
protected area, shall demonstrate that a diligent effort has been made,to locate the proposed
communications facilities on a site, private institutional structure, or other appropriate existing
structures more than 300 feet from residential zoned districts or more than 300 feet from a
protected area, and that due to valid considerations including physical constraints, and
technological feasibility, no more appropriate location is available. Such antennas, towers and
related facilities may approved by the administrator, subject to the administrator's approval of
camouflage or disguise by stealth. Such proposed structures are also subject to the balloon test
and/or photo -simulation requirements of 15.29.070 in order to assist the administrator in
determining appropriate camouflage and/or stealth requirements.
B. Except as set forth in subsection A above, a conditional use permit is required for all proposed
antennas, towers and related facilities.
C. Procedures governing variances are set forth in Chapter 15.21 YMC; provided, however, that the
criteria for variance approval shall be governed by the following provisions. A variance from the height or
area limit that constitutes a substantial change may be granted if the applicant can show by evidence that
the additional height is necessary to provide adequate service to the residents of the city and no other
alternative is available. When granting a variance the examiner shall require that a significant portion of
the tower and related facilities be screened by existing evergreen trees or existing structures.
1. The purpose of this subsection is to provide a means of increasing the maximum height of
tower and antenna in specific instances where the strict application of those limits would deprive
a tower or antenna operator from achieving the minimum height required to meet the proven
communications need.
2. The examiner shall have the authority to grant a variance from the maximum height allowed
for tower or antenna when, in his/her opinion, the conditions as set forth in subsection (3) herein
have been found to exist. In such cases a variance may be granted which is in harmony with the
general purpose and intent of this chapter.
3. Before a height variance can be granted, it shall be shown that the applicant demonstrates
all of the following:
a. That there is evidence that additional height is required to provide adequate service to
the residents of the city and that no other alternative is available;
b. That there are special circumstances applicable to the subject property such as shape,
topography, location, or surroundings that prevent the operator from achieving the
minimum height required to meet the proven communications need;
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c. That the granting of such variance will not be materially detrimental to the public
welfare or injurious to the property or improvements in the vicinity;
d. That any visual impacts will be mitigated to the greatest extent possible using
camouflage or screening, including but not limited to strategic placement next to existing
buildings or vegetation or incorporation with architectural features of existing buildings or
structures;
e. That the location of the tower and antenna has been chosen so as to minimize the
visibility of the facility from residentially zoned land and to minimize the obstruction of
scenic views from public properties; and
f. That the variance is the minimum necessary to grant relief to the applicant.
4. The applicant has the burden of proving that the proposed variance meets all of the criteria
in subsection (13)(3) of this section, Decision Criteria.
5. The examiner may approve an application for a variance with additional requirements above
those specified in this title or require modification of the proposal to comply with specified
requirements or local conditions.
6. The examiner shall deny a variance if the proposal does not meet or cannot be conditioned
or modified to meet subsection (13)(3) of this section,
a. Project permit review procedures are specified in YMC Title 16, Administration of
Development Permit Regulations. The following table specifies the permits required for the
various types of personal wireless service facilities that meet the standards of this chapter:
Permit Table*
Type of Use Permit Required
Co -location (No Substantial Change) Administrative Permit
Co -location (Substantial Change) Variance
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New Tower (City -owned Property)
New Tower (Public Property)
New antenna (existing structures, industrial
and commercial zoning districts)
New Tower (industrial zoning district,
pmore than 300 feet from residential zone
and more than 300 feet from
protected area)
New Tower (industrial zoning district,
within 300 feet of residential zone)
New Tower (industrial zoning district, within
300 feet of protected area)
Administrative Permit/Lease
Administrative Permit (with approval
of cam ouflageP(rm4 0 )
Administrative Permit (with approval
of cam ouflagelsteattl )
Administrative Permit (with approval
of alt a�nft. tq�ri �(lma a .
Administrative Permit (with approval
of camouflage/ : tea4h)
Conditional Use Permit
New Tower (B-2 or LCC zoning district,
Administrative Permit (with approval
more than 300 feet from residential zone and
of cam ouflagey(f;rkr)al1,h)
more than 300 feet from protected area)
New Tower (B-2 or LCC zoning district,
Administrative Permit
within 300 feet of residential zone or within
(with approval of camouflage tea4 )
300 feet of protected area)
New Tower (k'ii.ol:..within 300 feet of residential
Conditional Use Permit
zoning district, not in B-2 or LCC district)
New Tower (in or within 300 feet of Conditional Use Permit
protected area, not in B-2 or LCC district)
* Applicable permits include building permits and other permits required for installation.
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15.29.110 Inspection requirements.
Within 60 days of any required safety inspection performed in accordance with EIA and FCC standards,
the facility operator shall file a copy of the report with the city. Each year after the facility becomes
operational the facility operator shall file with the city a copy of maintenance reports for the prior twelve
months. The applicant shall provide a financial guarantee in the form of a bond or other financial
instrument acceptable to the city in an amount sufficient to reimburse all costs associated with facility
removal should it be necessary.
15.29.120 Non-use/abandonment.
A. Abandonment. No less than thirty days prior to the date that a personal wireless service provider
plans to abandon or discontinue operation of a facility, the provider must notify the city of Yakima by
certified U.S. mail of the proposed date of abandonment or discontinuation of operation. In the event that
a licensed carrier fails to give notice, the facility shall be considered abandoned upon the city's discovery
of discontinuation of operation. Upon such abandonment, the provider shall have sixty days or additional
period of time determined in the reasonable discretion of the city within which to:
1. Reactivate the use of the facility or transfer the facility to another provider who makes actual
use of the facility; or
2. In the event that abandonment as defined in this chapter occurs due to relocation of an
antenna at a lower point on the antenna support structure, reduction in the effective radiated
power of the antenna or reduction in the number of transmissions from the antennas, the
operator of the tower shall have six months from the date of effective abandonment to co -locate
another service on the tower. If another service provider is not added to the tower, then the
operator shall promptly dismantle and remove the portion of the tower that exceeds the minimum
height required to function satisfactorily. Notwithstanding the foregoing, changes which are made
to personal wireless facilities which do not diminish their essential role in providing a total system
shall not constitute abandonment. However, in the event that there is a physical reduction in
height of substantially all of the provider's towers in the city or surrounding area then all of the
towers within the city shall similarly be reduced in height.
3. Dismantle and remove facility. If the tower, antenna, foundation, and facility are not removed
within the sixty-day time period or additional period of time allowed by the city, the city may
remove such tower, antenna, foundation, and related facility at the provider's expense. If there
are two or more providers co -locating on a facility, except as provided for in the paragraph
above, this provision shall not become effective until all providers cease using the facility.
At the earlier of sixty days from the date of abandonment without reactivating or upon completion of
dismantling and removal, city approval for the facility shall automatically expire.
35
15.29.130 Third party review.
Personal wireless service providers use various methodologies and analyses, including geographically -
based computer software, to determine the specific technical parameters of their services and low power
mobile radio service facilities, such as expected coverage area, antenna configuration, topographic
constraints that affect signal paths, etc. In certain instances, a third party expert may need to review the
technical data submitted by a provider. The city may require a technical review as part of a permitting
process tar arjaiing e, or r°�r�����tnt�, rial use lit. 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:
A. The accuracy and completeness of submissions;
B. The applicability of analysis techniques and methodologies;
C. The validity of conclusions reached; and
D. Any specific technical issues designated by the city.
15.29.140 Conditional use permits — Procedures — Conditions for granting.
A. Application. An application for a conditional use permit under this chapter shall be submitted
to the director of the city's community development department t'a5kninisOg1g, a"j who shall review such
application for completeness and compliance with filing requirements under this chapter and applicable
codes of the city, in accordance with the provisions and procedures of YMC 1.43.090 and Title 16 YMC.
pr*t iia m„ u,q.. nd for i ,n..ot s n Uet r e sp t no td�w�t r N !2 44!nj,) trator' shall have authority to
request additional information and reports from the applicant nec lsafy Xu726SE tbp nf4f k,_,a_Pics_ cg kgs ,
including but not limited to third party review in accordance with YMC 15.29.130 and reports, surveys and
tests as provided in YMC 15.29.070, when thedn�u ii tc„,,tt r fl;e4�ter, in his or her sole discretion, deems
such additional information necessary or appropriate to make the application complete, to address
mitigation measures identified in SEPA, NEPA or other environmental reviews, to address issues of site
screening or other measures to mitigate impacts upon the surrounding neighborhood, or to address any
other impact to the life, health, safety or persons, or quiet enjoyment of property, identified by the
fju�na„�tattr��::.as likely, with reasonable probability, to result from the proposed project.
Upon the k1i%o�6 jrator's determination that the application is complete and in compliance with
filing requirements of this chapter, the �n�Mu�,tr�trr dito�, in coordination with the hearing examiner,
36
shall be responsible for assigning a date for and assuring due notice of public hearing for each
application, which date and notice shall be in accordance with the provisions of Title 16 YMC.
B. Tearing Examiner. When considering an application for a conditional use permit, the hearing
examiner shall consider the applicable standards, criteria and policies established by this title as they
pertain to the proposed use and may impose specific conditions precedent to establishing this use.
(1) Before any conditional use may be granted, it shall be shown that:
(a) The proposed use will not be materially detrimental to the public welfare or injurious to the
property or improvements in the vicinity of the proposed use or in the district in which the
subject property is located;
(b) The proposed use shall meet or exceed the performance standards that are required in
the zoning district the proposed use will occupy;
(c) The proposed development shall be compatible generally with the surrounding land uses
in terms of traffic and pedestrian circulation, building and site design;
(d) The proposed use shall be in keeping with the goals and policies of the comprehensive
land use policy plan;
(e) All r asona sle andcocnr���rIT . measures have been taken to minimize the
possible adverse impacts, which the proposed use may have on the area in which it is located.
(2) The conditions may:
(a) Increase requirements in the standards, criteria or policies established by this title;
(b) Stipulate the exact location as a means of minimizing hazards to life, limb, property
damage, erosion, landslides or traffic;
(c) Require structural features or equipment essential to serve the same purpose set forth
above;
(d) Impose conditions similar to those set forth in subsections (2)(b) and (2)(c) of this section
as deemed necessary to establish parity with uses permitted in the same zone in their freedom
from nuisance generating features in matters of noise, odors, air pollution, wastes, vibration,
traffic, physical hazards, and similar matters; provided, the hearing examiner may not, in
connection with action on a conditional use permit, reduce the requirements specified by this
title as pertaining to any use or otherwise reduce the requirements of this title in matters for
which a variance is the remedy provided;
37
(e) Assure that the degree of compatibility with the purpose of this title shall be maintained
with respect to the particular use on the particular site and in consideration of other existing and
potential uses, within the general area in which the use is proposed to be located;
(f) Recognize and compensate for variations and degree of technological processes and
equipment as related to the factors of noise, smoke, dust, fumes, vibration, odors, and hazard
or public need; and
(g) Require the posting of construction and maintenance financial security sufficient to secure
to the city one hundred fifty percent of the estimated cost of construction and/or installation and
fifteen percent maintenance of required improvements.
15.29.150 Conditional use permits — Effect of hearing examiner decision.
The decision of the hearing examiner on a conditional use permit shall be final and conclusive with right
of appeal to the city council in accordance with YMC 16.08.030.
15.29.160 Application form.
The director of the city's community development department may prescribe the form in which
applications are made for a conditional use permit and other applications authorized pursuant to this
chapter. The director may prepare and provide printed forms for such purpose and may prescribe the
type of information to be provided in the application by the applicant. No application shall be accepted
unless it complies with such requirements.
15.29.170 Filing fees.
The application for a conditional use permit shall be accompanied by a filing fee in the amount of
15.29.180 Notice of hearing — Conditional use permits.
Notice of all public hearings shall be given and prepared as required by Chapter 16.05 YMC.
15.29.190 Reapplication.
Upon final action as set forth in this chapter in denying an application for a conditional use permit, the city
shall not accept further filing of an application for substantially the same matter within one year from the
date of any final denial of an application.
15.29.200 Transfer of ownership.
A conditional use permit runs with the land; compliance with the conditions of any such permit is the
responsibility of the current owner of the property, whether that is the applicant or a successor. No permit
38
for which a financial security is required shall be considered valid during any time in which the required
financial security is not posted.
15.29.210 Vacation of permits.
A. Any conditional use permit issued pursuant to this chapter may be vacated upon approval by the
current landowner; provided, that:
1. The use authorized by the permit does not exist and is not actively being pursued; or
2. The use has been terminated and no violation of terms and conditions of the permit exist..
B. Requests to vacate a permit shall be made in writing to the zoning code administrator who shall
determine if the above conditions are present prior to authorizing the vacation. Vacation of any permit
shall be documented by the filing of a notice of land use permit vacation on a form provided by the
community development department with the city.
15.29.220 Violation — Penalty.
Compliance with the requirements of this code shall be mandatory. Any violation of the provisions of this
chapter shall be a misdemeanor subject to the penalties and remedies established in YMC 6.02.050.
Additionally, any violation of the provisions of this chapter, and any installation and/or operation of any
structure in violation of the provisions of this chapter, shall be deemed a public nuisance and violation
subject to penalties and remedies available under state law and city codes. The enforcement actions
authorized under this code shall be supplemental to those general penalties and remedies of Chapter
6.02 YMC and the public nuisance penalties and remedies available under state law and city codes.
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39
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40