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HomeMy WebLinkAbout08-14-13 YPC Packet(:°0MMA771" DE � "EL01',t11 ' M' :*7' 4 R'1' 41" A �° :nninil 0h,hdort F'tilll THE 2nd Floor iakirnii , 1/a"ul::ng�ton 98901 R IIV ,4' - 01�.1 Plum �' 09) ���u�7,u6183 o Fax, ('509)575-6105 ask.phlnnin,41pi, 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 I E-MAIL ADDRESS 4 ?L Q V�,4 c q (11-14 W-,-. e 1<2902, Yakima Planning Commission Public Hearing Sign -In Sheet — 08/14/2013 f"O';`1. T[ IF RECORD/FILE „� DF,,,�&k ,;� CITY OF YAKIMA PLANNING COMMISSION FINDINGS OF FACT, AND RECOMMENDATION Zoning Text Amendment to the City's Urban Area Zoning Ordinance Regarding Communication Towers August 7, 2013 WHEREAS, the City of Yakima, hereafter referred to as the "City" pursuant to RCW 36.70A.040 is required to plan under the provisions of the Growth Management Act; and WHEREAS, pursuant to RCW 36.70A.130(1) the City is required to take legislative action to review and revise its comprehensive plan and development regulations in accordance with the Growth Management Act; and WHEREAS, pursuant to RCW 36.70A.020, goals are set forth to guide the development and adoption of comprehensive plans and adoption of development regulations; and WHEREAS, on April 2, 2013, the Yakima City Council, hereafter referred to as "the Council" was informed by a group of citizens from the Barge Chestnut Neighborhood Association that the City's Municipal Code (YMC) Title 15 Yakima Urban Area Zoning Ordinance contained insufficient regulation to protect residential and historic neighborhoods from the effects of siting and development of communication towers; and WHEREAS, also on April 2, 2013, the Council declared an emergency six month moratorium prohibiting the acceptance of any new applications for the development of communication towers within the City while the City reviewed its regulatory controls on siting standard, and set a public hearing for public input on the moratorium for May 21, 2013; and WHEREAS, on May 21, 2013, the Council held the required public hearing, took public input on the moratorium, adopted a resolution adopting findings of fact in support of the moratorium regarding telecommunications towers and facilities, and directed staff to prepare an appropriate ordinance; and WHEREAS, on June 24, 2013, the City submitted a draft amendment to its Urban Area Zoning Ordinance that proposes to establish an new chapter 15.29 Wireless Communication Facilities, and State Environmental Policy Act (SEPA) Checklist, and WHEREAS, pursuant to RCW 36.70A, and YMC 15.23.020, the YPC is authorized to make a recommendation to the Council, for their review, consideration, and adoption of development regulation amendments; and Findings of Fact by the City of Yakima Planning Commission regarding an amendment to the City's Urban Area Zoning Ordinance, YMC Title 15: Communication Towers 2013 WHEREAS, pursuant to City Ordinance #2004-14 and RCW 36.70A.130 (2) the City followed its adopted public participation program, which included the following: 1. Twenty days of public comment starting June 27, 2013, and ending on July 17, 2013; 2. Posting on the City of Yakima's web site of the draft amendments on June 27, 2013; and 3. Published notice in a local newspaper of general circulation, and issued a press release to local media on June 27, 2013; and WHEREAS, pursuant to RCW 36.70A.106 notice of all amendments to the City's development regulations were sent to the Washington State Department of Commerce prior to the amendments being considered for adoption; and WHEREAS, pursuant to the State Environmental Policy Act (SEPA) WAC 197-11 and YMC 6.88, and prior to the Commission's hearing, the City retained its Determination of Non -significance (DNS) on the proposed zoning ordinance amendments on July 19, 2013, and WHEREAS, an open record public hearing regarding the proposed text amendments occurred on August 7, 2013, where all persons desiring to comment on the proposed amendments were given a full and complete opportunity to be heard; and WHEREAS, the Commission following public comment and deliberation reviewed and revised staff's recommended amendments; and those proposed revisions were approved by staff; and NOW, THEREFORE, BE IT RESOLVED by the Commission that, in making the hereinabove recommendation, that these proposed amendments to the YMC Title 15 Yakima Urban Area Zoning Ordinance have been sufficiently considered, and the Commission hereby enters the following Finding of Fact: FINDINGS OF FACT 1. Pursuant to the provisions of Chapters 36.70 and 36.70B RCW the Commission has the legal authority to make a recommendation concerning the adoption of official controls that implement comprehensive plans. 2. The Commission held the required public hearing on August 7, 2013, where the Commission considered that proposed ordinance and suggested various changes to the draft ordinance which were incorporated and approved. 3. The Commission finds that the proposed amendments will have the following benefits: Findings of Fact by the City of Yakima Planning Commission regarding an amendment to the City's Urban Area Zoning Ordinance, YMC Title 15: Communication Towers 2013 2 a. Enhance the ability of personal wireless service providers to provide services throughout the city quickly, effectively, and efficiently; b. Encourage personal wireless services providers to locate towers and antenna in nonresidential areas; c. Encourage personal wireless service providers to co -locate on new and existing tower sites; d. Encourage personal wireless service providers to locate towers and antennas, to the extent possible, in areas where the adverse impact on the city residents is minimal; e. Encourage personal wireless service providers to configure towers and antennas in a way that minimizes any significant adverse visual impacts; and f. Provide for wireless communications needs of governmental entities. 4. The Commission finds that the City provided timely public participation in consideration of the proposed amendments, consistent with RCW 36.70A.140, WAC 365-195-600, and its adopted Public Participation Program Guidelines. 5. The Commission considered public testimony related to the proposed amendments. 6. The Commission concurs with the retention of Determination of Non- significance (DNS) that was issued on July 19, 2013, for the proposed amendments. 7. The Commission members present voted__ to to recommend approval of the proposed code as set forth in Attachment "A". 8. The Commission's recommendation is consistent with and implements the City's Comprehensive Plan goals and policies. RECOMMENDATION It is for the above reasons that the Commission recommends that Council adopt the attached Telecommunication Tower ordinance Amendments to the City's YMC Title 15 Yakima Urban Area Zoning Ordinance with a revision date of August 7, 2013. Motion Based upon the findings outlined above, it was moved and seconded that the City of Yakima Planning Commission recommends APPROVAL of the submitted Zoning Ordinance amendments. The motion was carried by a unanimous vote. Findings of Fact by the City of Yakima Planning Commission regarding an amendment to the City's Urban Area Zoning Ordinance, YMC Title 15: Communication Towers 2013 3 Benjamin W. Shoval, Chairman Yakima Planning Commission Date Findings of Fact by the City of Yakima Planning Commission regarding an amendment to the City's Urban Area Zoning Ordinance, YMC Title 15: Communication Towers 2013 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. 1....ME)E I -E 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 SUch wij,6ess u tl°"�,fl�Vl%"atl ""49fiQ, �Gp� N �lb �� V�an88 tl.�.. L . .. et t �&'nor6L,) Lcp c �� �� u c I gDµ ur tl , � 1 � uaA o l lnw t °r tpltru iv,g gg tl! i i 1 n � al tl.... .w_"" rtlasrLst µi"@.IPfm M 0u s._' ��N������ 1l�m�l� �tic � � � r� ���p �� 1����lu�i �� Johla, Yµ m 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. U° u4�r�rU�'-," )WstLc 4rrlgr e r"r)dci r 4 .�rN � °... ..0 ........... .. �w"w , 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 aaa off yarrr 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 iaaMaaa~�-aa"�t�aawa�a�.�a��,M.��aaba .lwf��ti (,r '�a�a^"tr't�'„ �e i^^ii�u�� ?"� ��^^�ri'it�a^�mt�� �6�rr1” �tl�;�•iF�"i"�-ik��l:�-��r��•�r��aktiu��?�s5rd�aua^t�„`��lb��w� 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. 31 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; 32 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 33 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. 34 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. 5.2 230„ l llwef Waiver� :&9k , flora. &(1y,. 1jcilat1da cirk r fief waiver r exe ALr Q LL u y 1 � �� �� i ro of of ti g 4u l u uu , ani fif aruw, ,Jn a r a ffiionr o awia tile, appfu a"0 e�u.,r11 t,�e) ��fm� wr iiw h rra'rM mrri hi ,r.0 i ,., oupai i ayf pion Rpi mu_y a iw ar Ifyfpr aipprfrfl�pa6°: iron fM'bcc pg[[nut, rriupnluf.pfi1, a o arf„ry y/rl px»�astin or f l i tl4M AY.i f.4 � 4a S N�pUll,4 w�iY"'41YMiM1,�aMrl4 i 9.... Wa XIYX�'K+4II4 M R Y O a 0 OIi4 J f 4µNii li U h rW�iNW S tlGl 0.� X »iurolaf r blfmaa ii i uwyfrrwoua rf ., a turr�q...a c r a ,i,i tofo Ng waft h refief Or e,.nua�u°u �i�u 41 �� � a r��f Lire es the ami)fi d a afw ffl��r M*'JL 1 a s �f gf as a��i '(i � uraa -uu"pc fl, TaJ C "fL I ir,,oY ..lf . r i—nt-e l Gq° a� rcii f wggNer eau a ora�fafPon w fli have »nLfu mlf Cfr��j�ff � ��a a dp i ���K��tif a � �r f � ref ew fogL@ ie, �s residents an gf I@[ foa�j�qua rf lflE P.'Nal.l':;j .i:."'i.. = !ff 9yor9fliNt . jr'i� if �w�w�,yv�u»f'�M,f�f�ra�� ��"•„x��gr�_ff�u".f a�ri.�if�u�n, �.�ii�f���,f��w�X, �� fRfor i�orf�„aur ani ffwi~� w iw�"w �fr�r cawrf�iwi.. r�a;xaiu u ar fw Lgat,,ka ���a"i. p rson orcircurnstance is dei I rd v6aJ u.puu ur fdfitaiw nal or ual aHd 5 w it i d a such 1 ;4s kQ P+..II I q a a*pY �'i4 .i � » , a iV Pn @� ”' 4 ik , q" i1f �C kfC' �br th as sd'ok��l�a� Phar fao,f'i I ra gLL,,!wMI,,»h . rµf wm i i r f ffN �r a uuauunfl.p a fi sn r f urf Il ire ohu n Thor as f' sill lwir rhifw uwo the ..fui i A ur iuf i a u,,u foal r rf lc . rui°7iwwar�7u u�autnr „f k r�r inv Nd s a � iur nuu f i e f r ao 1. 39 �N8 bg ggn2pEgb@,agv nd n ablu,9 a, or n,Aed to be invaNd or w°a n f MFINIm�H�n uuti �� ��� �� ,� � � ;µ� � �'��'�u������ �! ii ii ry � �m r n „overturned ba ru u � r � u M r ao q µir 11 r ddf be„yod f otaaV, �p determination ination 40