HomeMy WebLinkAbout02-22-2023 YPC Agenda Packet
DEPARTMENTOF COMMUNITY DEVELOPMENT
Joan Davenport, AICP, Director
Planning Division
Joseph Calhoun, Manager
nd
129 North Second Street, 2Floor, Yakima, WA 98901
ask.planning@yakimawa.govwww.yakimawa.gov/services/planning/ypc/
CITY OF YAKIMA PLANNING COMMISSION
Yakima City Hall Council Chambers
nd
Street, Yakima, WA 98901
129 N 2
February 22, 2023
3:00 p.m. –5:00 p.m.
YPC MEMBERS:
Chair Jacob Liddicoat, Vice-Chair Lisa Wallace, Leanne Hughes-Mickel,
Robert McCormick, Mary Place, Colleda Monick, and Frieda Stephens
City Council Liaison: Soneya Lund
CITY PLANNING STAFF:
Joan Davenport (Community Development Director),Rosalinda Ibarra (Admin Assistant)
Joseph Calhoun (Planning Manager), Eric Crowell (Senior Planner), Eva Rivera (Planning
Technician), Irene Linos (Temp. Department- Assistant I)
AGENDA
I.Call to Order
II.Roll Call
III.Staff Announcements
IV.Approval of Meeting Minutes of January 11, 2023
V.2023 Comp Plan Amendment Opening
VI.HAP Implementation – Phase 2: Mixed Use, Permitting
VII.Title 15 Update – Chapter 15.29: Wireless Communication Facilities
VIII.Public Comment
IX.Other Business
X.Adjourn
Next Meeting: March 8, 2023
The meeting will also be recorded and posted on the Y-PAC website.
Visit the Yakima Planning Commission webpage for more information, including agenda packets and minutes.
City of Yakima Planning Commission (YPC) Meeting Minutes
City Council Chambers
February 8, 2023
Call to Order
Chair Liddicoatcalled the meeting to order at 3:00p.m.
Roll Call
YPC Members Present:ChairJacob Liddicoat, Lisa Wallace,Mary Place,Colleda Monick,
Leanne Hughes-Mickel, Frieda Stephens
YPC Members Absent:Rob McCormick
Staff Present:Joseph Calhoun; Planning Manager; Sara Watkins; City attorney;
Eva Rivera, Planning Technician
Staff Announcements–Planning Manager Calhoun announced the following:
Land Use Fees resolution was approved 02/07/2023 will be effective 03/01/2023.
Comp Plan Amendment was opened by Council in January and will formally open by the
Planning Commission on February 22.
Airport discussion will resume once Jaime Vera returns or a new Airport Manager is hired.
Assistant and Associate Planner positions close on 02/14/2023.
December 14, 2022,Meeting Minutes–It was motioned by Commissioner Placeand seconded
by Commissioner Stephensto approve the meeting minutesof January 11, 2023, as corrected.
The motion carried unanimously.
HAP Implementation Ph. 2: Mixed Use, Permitting-Calhounspoke about proposedchanges
suggested byCity Attorney, Sara Watkins, to use consistent language. Commissioner Place
asked about a definition of the downtown businessdistrict in words or just onthe map. Calhoun
answered his proposal was to tie it to downtown parking exempt area which is established verbally
and on the map in the parking section. No prohibited uses have been changed since last
discussion. Commissionerscontinued discussion onsite screening and parking. Commissioner
Hughes-Mickel suggested separating the mixed use from the downtown business district
multifamily to avoid confusion. Calhoun continued with proposed changes to design standards
and noticingtime frames. Thecommissioners provided comments and feedback.Commissioner
Place mentionedthe impact slow maildelivery may cause byreducing thecomment period.
Public Comment–None
Other Business–Chair Liddicoatbrought upa question about parking rules during COVIDthat
reduced available parking and should be revisited. He also suggested future review of the current
process of parking based on useand suggested looking into using occupant load.
Adjourn–A motion to adjourn to February 22, 2023,was passed with aunanimous vote. The
meeting adjourned at approximately 3:54p.m.
Chair Liddicoat Date
This meeting was filmed by YPAC. Minutes for this meeting submitted by: Eva Rivera, Planning Technician.
-1-
City of Yakima Planning Commission
Housing Action Plan Implementation
February 22, 2023
1.HAP Implementation –Round 2
7–Create design standards for multifamily and mixed-use development
7.Create design standards for multifamily and mixed-use
development.
LEADTIMELINEINVESTMENTEFFORTOBJECTIVES
AffordabilityHousing SupplyHomeownership
CityPartner$$$$
Older Adult OptionsStabilityAnti-Displacement
Description. Well-crafted design standards help to expand housing choices while minimizing impacts to
adjacent uses and reinforcing the character of the area. They mitigate impacts of density, building
massing/scale, parking and vehicle access areas, and service elements. Design standards can be used to
promote compatible “infill” development in the downtown core, business districts, and neighborhoods, to
incrementally transform automobile-oriented neighborhoods or corridors into more dynamic pedestrian-
friendly communities, and to guide the design of new development sites consistent with the community’s
vision.
Universal design is a key element to integrate with design standards. Universal design creates an
environment accessible by all people regardless of their age, size, ability, or disability. Universal design
features include the layout and design of the home as well as specific features within homes. Typical
layouts that accommodate universal design include locating a bathroom and bedroom on the first floor
and others. Specific features include handrails or grab bars in the bathroom, doorways sized to fit
wheelchairs, a wheelchair-accessible kitchen, and a step-free entryway into the home.
Gaps Addressed. Yakima does not yet have design standards for commercial and multifamily
1
development. The City does allow “mixed use buildings” as a class 1 permitted use in all commercial
districts. Design standards on a citywide or targeted basis can help the City set expectations for quality and
affordable design in new development and prioritize investments in existing neighborhoods lacking
infrastructure, recreation, and other features. Addressing design quality can also increase the acceptance
and compatibility of new housing types supporting housing type variety. Demand for universal design is
expected to grow as the community ages.
Considerations. Balanced design standards should promote good design without imposing prohibitively
costly standards on new developments. Design standards should focus on form to ensure housing scale
and site design is compatible with surrounding neighborhoods. Form based standards that should be
prioritized include floor-area-ratio, façade articulation, building massing, height, and bulk, and
trees/shade. Integrating development and design standards as complementary standards can help
balance design with feasibility. Allowing scaling of standards based on the form of the building rather
than the number of units is also a key consideration to avoid discouraging small units on small lots.
Design standards should also include allowances for modified parking standards, smaller unit sizes and
different combinations of attached and detached units.
Considerations to develop an effective set of design standards include:
Using arobust community engagement process canhelp define the vision and
identify critical community design issues. This information can be valuable to define
what types of developments are acceptable and unacceptable.
1
“Mixed-use building” means a building in a commercial district or planned development used partly for
residential use and partly for a community facility or commercial use.
Consider an approach that utilizes clear minimum standards but offers strategic
flexibility with clear guidance in how alternative designs are evaluated. Such an
approach offers a good mix of predictability and flexibility and can be tailored to fit
the community. Ultimately if offers a communitythe opportunityto say no if the
design doesn’t meet the intent whileofferingapplicants flexibility to propose
alternative designs.
Craft design standards to offer choices in how to conform with particular design
provisions, whether it’s the techniques to articulate a façade or how to add desired
design details to storefronts. Such provisions allow greater flexibility in design and the
ability to better control construction costs.
Provide plenty of photos and graphics to effectively illustrate the standards.
Consider providing multiple good examples so applicants understand there are
several ways to meet the standard. Likewise, providing bad examples can be very
effective tools at communicating “what not to do.” Such illustrations should clearly
communicate the standard or standards.
Similar to form-based approach, some factors to consider in developing design
standards:
Pay special attention to the review process and staffing resources and needs.
Make sure the required design features are economically feasible.
Consider the standard’s usability by staff, applicants, and the community
Test key elements of the design standards prior to adoption to ensure that
development is feasible from a physical and economic standpoint.
15.02.020Definitions.
“Master planned development” means any development within the Yakima urban growth area
approved under YMC Chapter15.28(i.e., planned residential development, planned commercial
development, planned industrial development, and planned mixed-use development).
“Mixed-use buildingand Downtown Business District Multifamily Development” means a building or
use in a commercial districtor,planned development, meeting the standardscontained in YMC
15.09.025,used partly for residential use and partly for a community facility or commercial use.
“Mixed-use development” means use of the land or structure for two or more different uses.
15.09.025Mixed-Use Building and Downtown Business District Multifamily
Development.
A.Purpose and Intent.
1.To provide a streamlined process for new development or redevelopment projects that
includea mixtureof high density residentialalong with complimentary retail, commercial, or
professional uses at a scale that is compatible with the surrounding neighborhood.
2.These standards shall also apply to new multifamily developmentor multifamily
redevelopmentin the Downtown Business District.Multifamily uses within this area shall
comply with all of the following development and design standards excluding those which
are only relevant to the non-residential portion of a mixed-use building.
a.For the purpose of implementing this section, the Downtown Business District shall
be defined as the Downtown Business District Exempt area –See YMC § 15.06.040,
Figure 6-1.
B.Level of Review -Uses.
1.Mixed-Use Buildingand Downtown Business District Multifamily Developmentis a Class 1
Permitted Use, requiring Type 1 Review, in applicable zones and is determined to be the
appropriate level of review for any combination of Class 1 and Class 2 uses listed in those
zones.
2.Any combination of uses which includes a Class 3 Permitted Use shall undergo Type 2
Review.
3.The Mixed-Use Building/Development land use shall not allow any use which is otherwise
not permitted in the zone.
2.4.A Mixed-Use Building that does not meet the layout requirement of YMC 15.09.025 (D)(1)
shall be reviewedbased uponitsparticular uses as listed in Table 4-1.
C.Prohibited Uses. The following uses are prohibited in a Mixed-Use Building/Development project:
1.All Wholesale Trade –Storage uses
2.All Transportation uses
3.All Utilities uses
4.All Automotive sales, maintenance and repair, carwash/detailing, paint and body, parts and
accessories, and towing uses
5.Boats and Marine Accessories
6.Farm and Implements, Tools and Heavy Construction Equipment
7.Farm Supplies
8.Fuel Oil and Coal Distributers
9.Lumber Yards
10.Nursery
11.All Rental uses
12.Repairs: Reupholstery and Furniture
13.Repairs: Small Engine and Garden Equipment
14.Service Station
15.Truck Service Stations and Shops
D.Development Standards.
1.Mixed-Use Layout. A mixed-use building shouldnot have any residential dwelling units
located on the ground floor, whenever feasible. There shall be a minimum of 50%
residential dwelling units, and least 80%of the ground floorshall be dedicated for
community facility or commercial use.
2.Parking.
a.Location. Off-street parking shall be located within, behind, below, and/or to the side
of the building. Any side of the building that faces a streetshall not by fronted by off-
street parking.
b.Design. Off-street parking shall be screened from view of all abutting public rights-of-
way:
-Parking located outside of a structure shall be screened by a 6-foot-tall masonry,
decorative block wall, wood fence, or solid landscaping screen.
a.Fencing located adjacent to a street right-of-way or pedestrian way shall
include a minimum 3-foot landscape strip between the fence and the right-of-
way.
-Parking located within a structure, whether attached to or detached from the
primary structure, shall be architecturally compatible with the primary structure.
Any openings within a parking structurethat do not providepedestrian or
vehicular access shall be screened from view with decorative grilles or
landscaping.
3.Height Bonus. In the B-1, B-2, and SCC zoning districts, the maximum height of the
building(YMC 15.05.030, Table 5-1)may be increased to 50 feet if all of the following are
met:
-The majority of the additional building height is used to increase the number of
dwelling units;
-The additional building height is necessary to accommodate on-site parking
requirements.
-Additional on-site landscaping is provided equaling 15% of the parking area, at a
minimum.
Additional Downtown Business DistrictStandards.Multifamily development, mixed-use buildings,
and mixed-use development located in zoning districts wherever the use is permitted within the
downtown business district as displayed in Table 6-1shall comply with the following:
Non-Mixed Use Multifamily Development LimitedDowntown.Multifamily
development that does not meet the definition of mixed-use located in the Downtown
Business Districtshall comply with the following standards:
New buildings shall have a minimum front yard setback of feetfrom the
property lineorthe finished grade of the main floor shall be locatedat least
feetabove the elevation of the highest adjoining sidewalk or finished ground
surface adjacent to the setback.
Within the core business district as defined by YMC 9.10.030, new residential
buildingsand residential conversion of existing non-residential buildingsshall
meet the definitionof mixed-use.
-Multifamily development shall not be permitted on any corner lot along Yakima
Avenueunless it meets the definition of mixed-use.
E.Design Standards and Guidelines–Downtown Business District.
The façade of mixed-use and multifamily buildings shall be designed to the following standards:
1.Entrances. Primary pedestrian entrances to the building shall face the street frontageor
face common open space which is oriented toward tothe street.
2.Windowsalong streets and pedestrian ways.
a.There shall be windows on all sides of the building facing the public right-of-
waystreets and pedestrian ways.
b.All floors of a multifamily building, and all floors above the ground floor of a mixed-
use building shall contain at least of transparencyconsistent with the Washington
State Energy Code, including both doors and windows.
c.The ground floorof a mixed-use building shall contain at least 75%of transparency,
including both doors and windows, and shall be visually distinct from the above floors
by not repeating the exact dimensions and placement of windows.
3.Blank Walls.
a.Defined. “Blank wall” means a wall or portion of a wall that has 4800square feetof
vertical surface area without any building modulation, transparency, or other
architectural feature.
b.Along streets and pedestrian ways, Aaminimum of 50%of the wall between 3feet
and 12feetabove grade shall be treated with one or more of the following elements:
-Architectural variation including but not limited to color, material, and/or
modulation.
-Artwork, including murals and signs.
-Shrubs, trees, trellises, or other landscaping that will be actively maintained.
4.Equipment Screening.
a.Electrical and mechanical equipmentplaced on the ground surface or rooftop shall
be screened from view by materials that are consistent and compatible with the
design,color, and materials of the building.
b.The height of the parapet and other rooftop elements may be increased in order to
achieve this and shall comply with the height restrictions of YMC 15.05.030 and
15.10.020 (D)(1).
5.Parking.
a.On-site parking shall be installed in accordance with YMC Ch. 15.06, except as
follows:
i.Buildings in the downtownbusiness districtthat cannot physically provide on-site
residential parking may utilize permitted off-street public parking (YMC §
9.50.200),or off-street private parking through a shared parking agreement.
6.Multifamily Development Limited Downtown. Multifamily development that does not meet
the definition of mixed-use located in the Downtown Business District shall comply with the
following standards:
-Setbacks:
a.New buildings shall have a minimum front yard setback of 10feetfrom the
property lineorthe finished grade of the main floor entranceshall be located
at least 3feetabove the elevation of the highest adjoining sidewalk or
finished ground surface adjacent to the setback.
-Multifamily development shall not be permitted on any corner lot along Yakima
Avenue unless it includes commercial and residential uses.
Chapter 15.29
WIRELESS COMMUNICATIONS FACILITIES
Sections:
15.29.010 Purpose.
15.29.020 Definitions.
15.29.030 Exemptions.
15.29.040 Permits required.
15.29.050 Application submittal/fees.
15.29.060 Development standards.
15.29.070 Design criteria.
15.29.080 Site selection standards.
15.29.090 Safety and industry standards.
15.29.100 Wireless conditional use permit criteria.
15.29.110 Wireless height variance.
15.29.120 Application review process.
15.29.130 Visual impact assessments.
15.29.140 Third-party review.
15.29.150 Nonuse/abandonment.
15.29.160 Transfer of ownership.
15.29.170 Vacation of permits.
15.29.180 Violation—Penalty.
15.29.190 Relief, waiver, exemption.
15.29.200 Severability.
15.29.010Purpose.
The purpose of this chapter is to establish general guidelines for the siting of wirelessfacilities, including towers,
antennas and support structures.
A. Goals. The goals of this chapter are to:
1. Enhance the ability of wireless service providers to provide such services throughout the city quickly,
effectively, and efficiently;
2. Encourage wireless service providers to locate towers and antennas in nonresidential areas;
3. Encourage wireless service providers to co-locate on new and existing tower sites;
4. Encourage 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 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 needs of city residents;
5. To promote and encourage collocation 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 towers,small wirelessfacilities,antennas and support structures shall comply with 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 chapter shall be allowed to continue as they presently exist, but will be
considered nonconforming uses. Routine maintenance shall be permitted on existing towers and antennas. However,
new construction other than modifications made pursuant to Section 6409(a) of the Middle Class Tax Relief and Job
Creation Act of 2012 and 47 CFR Section 1.6100 and routine maintenanceshall comply with the requirements of
this chapter.
Commented \[CE1\]: The 2020 FCC order (paragraphs 31 –
39) appears to allow legal nonconforming towers to be
D. Facilitation of Wireless Service. These standards were designed to comply with the TelecommunicationsAct of
continually modified as long as they comply with the
1996, and subsequent federal regulations. The provisions of this chapter are not intended to and shall not be
concealment requirements that were in effect as the time of
interpreted to prohibit or to have the effect of prohibiting wireless services. This chapter shall not be applied in such
when they were originally approved (paragraph 35: “…in
a manner as to unreasonably discriminate between providers of functionally equivalent wireless services.
order to be a concealment element…the element must have
been part of the facility that the locality approved in its
E. Conflict with Other Standards. To the extent that any provision of this chapter is inconsistent or conflicts with
prior review.”
any other city ordinance this chapter shall control. Otherwise, this chapter shall be construed consistently with the
other provisions and regulations of the city. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A)
For example, prior to the adoption of Ch. 15.29, YMC §
(part), 2013).
15.04.180 regulated cell towers only by height and nothing
else. My interpretation is that a major modification of a
15.29.020Definitions.
tower approved under this section would be subject to
For the purpose of this chapter,the following terms shall have the meanings ascribed to them below. Additional
current height requirements (i.e. possibly necessitating a
definitions pertaining to the Yakima urban area zoning ordinance can be found in Chapter 15.02 YMC.Wireless Variance) but not current concealment
requirements (i.e. we couldn’t require a legal
“Abandonment” means to cease operation for a period of three hundred sixty-fiveor more consecutive days.
nonconforming tower approved under that old section that
is being increased in height beyond the modification limits
“Administrator” means the director of the city’s department of community development and his or her designees.
to camouflage the tower with stealth or go through a
Conditional Use Permit, since there weren’t any
“Antenna” means an apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or
concealment rules at the time).
operating from a fixed location pursuant to FCC authorization, for the provision of wireless service.
Likewise, even older towers that were approved under YMC
“Antenna equipment” means equipment, switches, wiring, cabling, power sources, shelters or cabinets associated
§ 15.04.130 adopted in 1986 would have to be approved
with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted
without taking into account current concealment
or installed at the same time as such antenna.
regulations.
“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, including but not limited to antenna equipment,and shall be
measured from the natural grade of the parcelat the lowest elevation point of the support structure’s perimeter.
“Antenna support structure” means any pole, telescoping mast, tower, tripod, or other structure which supports a
device used in the transmitting or receiving of radio frequency signals.
“Applicant” means any provider or any person, partnership, company, or government agency that files an
application for any permit necessary to install, maintain, or remove a wireless service facility within the city.
“Base station” is a structure or equipment at a fixed location that enablesFCC-licensed or authorized wireless
communications between user equipment and a communications network. The term does not encompass atoweras
defined in this chapter or any equipment associated with atower.
(i)The term includes, but is not limited to, equipment associated with wireless services such as private, broadcast,
and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave
backhaul.
(ii)The term includes, but is not limited to, radio transceivers,antennas, coaxial or fiber-optic cable,regular and
backup power supplies, and comparable equipment, regardless of technological configuration (including
DistributedAntennaSystems and small wireless facilities).
(iii)The term includes any structure other than atowerthat, at the time the relevantapplicationis filed with
theStateor local government under this section, supports or houses equipment described in paragraphs (i) through
(ii) of this section that has been reviewed and approved under the applicable zoning or siting process, or under
anotherStateor local regulatory review process, even if the structure was not built for the sole or primary purpose of
providing such support.
(iv)For purposes of Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 and 47 CFR
Section 1.6100, the term does not include any structure that, at the time the relevantapplicationis filed with the city
under this section, does not support or house equipment described in paragraphs (i)-(ii) of this section.
“Camouflage” means to minimize adverse aesthetic and visual impacts on the land, property, buildings, and other
facilities adjacent to, surrounding, and in generally the same area as the requested location of such wireless
telecommunications facilities, which shall mean using the least visually and physically intrusive facility that is not
technologically impracticable 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 or flagpole) or another natural
form (such as a tree, rock or other natural feature); and (d) placement of a wireless facility or component thereof
upon a site where the topography and existing trees, landscaping, evergreen trees, design, and colors of the facility
so that such facility is significantly screened from view or designed to resemble or blend with surrounding natural
features.
“Cell site” or “site” means a tract or parcel of land that contains wireless service facilities including any antenna,
support structure, accessory buildings, and parking, and may include other uses associated with, and ancillary to,
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.
“Collocation” means the mounting or installation of an antenna facility on a pre-existing structure, and/or modifying
a structure for the purpose of mounting or installing an antenna facility on that structure.
“Conditional use permit” or “CUP” means a process and approval as described in this chapter and in YMC Title 15,
Yakima Urban Area Zoning Ordinance.
“COW” means “cell on wheels” or other temporary wireless facility.
“Design” means the appearance of wireless service facilities, including such features as their materials, colors, and
shape.
“Discouraged area” means within three hundred feet of a residential use or Protected Area in the B-2 and SCC
Zoning Districts.
“EIA” means the Electronics Industry Association.
“Equipment enclosure” means a structure, shelter, cabinet, or vault used tohouse and to protect the electronic
equipment necessary for processing wireless communication signals. Associated equipment may include air
conditioning, backup power supplies and emergency generators.
“Facilities” means all of the plant, equipment, fixtures, appurtenances, antennas, and other facilities necessary to
furnish and deliver wireless services, including but not limited to poles with cross-arms, poles without cross-arms,
wires, lines, conduits, cables, communications and signal lines and equipment, braces, guys, anchors, vaults, and all
attachments, appurtenances, and appliances necessary or incidental to the distribution and use of wirelessservices.
“FCC” or “Federal Communications Commission” means the federal administrative agency, or lawful successor,
authorized to regulate and oversee telecommunications carriers, services and providers on a national level.
“Governmental entity” means the state of Washington, Yakima County, the city, municipally owned utilities, and
special purpose districts including the school, fire and library districts.
“Hearing examiner” means the duly appointed hearing examiner of the city.
“Major modification” means a co-location or other modification that constitutes a substantial change to an existing
wireless facility or base station as set forth in YMC 15.29.060(A)(2).
“Minor modification”or “Eligible Facilities Request”means a collocation or other modification that does not
constitute a substantial change to anexisting wireless facility or base station as set forth in YMC 15.29.060(A)(1).
“Modification” or “modify” means the addition, removal or change of any of the physical and visually discernible
components or aspects of a wireless facility, such as antennas,antenna equipment, antenna support structure,
cabling, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually
discernible components, vehicular access, parking and/or an upgrade or change-out of equipmentfor better or more
modern equipment. Adding a new provider to a tower or site as a colocation is a modification. A modification shall
not include repair and maintenance as defined by this chapter.
“Mount” means the structure or surface upon which wirelessservice facilities are mounted. There are three types of
mounts:
1. Building Mounted. A wireless service facility mount fixed to the roof or side of a building.
2. Ground Mounted. A wireless service facility mount fixed to the ground, such as a tower.
3. Structure Mounted. A wireless service facility fixed to a structure other than a building, such as light standards,
utility poles, and bridges.
“Natural grade” means the topographic condition and level of ground in place for the past five years ormore, or the
approved finished grade of land platted through the subdivision process.
“Occupy” means to construct, install, maintain, own, or operate wirelessfacilities located within city rights-of-way.
The mere passage of electronic signals over, under,or through rights-of-way via wirelessfacilities owned by another
wireless provider does not constitute occupying the rights-of-way.
“Person” means corporations, companies, associations, joint stock companies, firms, partnerships, limited liability
companies, other entities and individuals.
“Pole,” for the purposes of siting small wireless facilities, means a type of structure that is or may be used in whole
or in part by or for wireline communications, electric distribution, lighting, traffic control, signage, or similar
function, or for collocation of small wireless facilities; provided, such term does not include a tower.
“Protected areas” are: (a) the area commonly known as the Barge-Chestnut Neighborhood situated within the area
bounded on the west by 36th Avenue, on the north by Summitview Avenue, on the east by 16th Avenue, and on the
south by Tieton Drive; (b) established federal, state or local historic districts or historic district overlay zones; (c)
proposed federal, state or local historic districts or historic district overlay zones filed for record with the federal,
state or local agency with jurisdiction (hereafter “pending” historic district or overlay zones); (d) sites, buildings,
structures or objects listed in the National Register of Historic Places; (e) state and local wildlife refuges, and
permanently protected archeological sites; and (f) designated areas subject to preservation or protection through
recorded conservation easement.
“Provider” or “wireless service provider” means every corporation, company, association, joint stock company,
firm, partnership, limited liability company, other entity and/or individual that provides wireless service over
wireless facilities.
“Repairs and maintenance” means the replacement of any components of a wireless facility where the replacement
issubstantially similar in size and weight to the component being replaced or for any matters that involve the normal
repair and maintenance of a wireless facility without the addition, removal or change of any of the physical or
visually discernible components or aspects of a wireless facility that will add to the visible appearance of the facility
as originally permitted.
“Right-of-way use permit” means the authorization by which the city grants permission to a service provider to enter
and use the right-of-way at a specific location for the purpose of installing, maintaining, repairing, or removing
identified facilities.
“Rights-of-way” means land acquired or dedicated for public roads and streets, as further defined in YMC
15.02.020, but does not include (a) structures, including poles and conduits, located within the right-of-way; or (b)
federally granted railroad rights-of-way acquired under 43 USC Section 912, and related provisions of federal law,
that are not open for motor vehicle use.
“Screening” means an opaque fence and/or evergreen landscaping that fully conceals the property it encloses.
“Secondary use” means a use subordinate to the principal use of the property, such as commercial, residential,
utilities, etc.
“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 wirelessfacility” meansfacilities smaller than a traditional cell tower or base station. These are typically
attached toexisting,replacement, or newpoles or other structures in the public right-of-way. This includes
technologies similar to smallwireless facilities, such as microcells and distributed antenna systems (DAS).
“State” means the state of Washington.
“Structure” means a pole, tower, base station, or other building, whether or not it has an existing antenna, that is
used or to be used for the provision of wireless service.
“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. “Tower” also includes any
structure built for the sole or primary purpose of supporting FCC-licensed antennas and their associated facilities.
This definition does not include Small Wireless Facilities as defined by this chapter.
“Unlicensed wireless services” means wireless services that operate on public frequencies and do not need an FCC
license.
“Utility pole” means any pole used primarily for the support and provision of lighting and/or transmission of power,
telecommunications services, telephone, cable television, and other similar utilities and related fixtures, whether
located within or outside the public right-of-way. Utility poles may besubject to rights of ownership, applicable
franchise provisions, applicable regulation by the Washington Utilities and Transportation Commission (WUTC),
and statutes governing location and relocation.
“Wireless height variance” means the process required for either a major modification to an existing wireless facility
or construction of a new wireless facility in which the proposed height exceeds of the standards of this chapter.
“Wireless service,” and “wireless facilities” used in this chapter shall be defined in the same manner as in 47 USC
Section 332(c)(7)(C), as it 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. “Wireless service” further means any services, using licensed or unlicensed spectrum, including the use of
Wifi, whether at a fixed location or mobile, provided to the public.
“Visual impact assessment” means visual impact assessment with photo-simulation of the proposed facility. (Ord.
2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.030Exemptions.
The following are exempt from the provisions of this chapter and shall be permitted in all zones:
A. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC.
B. Antennas and related equipment no more than ten feet in height that are being stored, shipped, or displayed for
sale.
C. Radar systems for military and civilian communication and navigation.
D. Wireless radio utilized for temporary emergency communications in the event of a disaster.
E. Licensed amateur (ham) radio stations.
F. Satellite dish antennas less than two meters in diameter, including direct-to-home or site satellite services, when
used as a secondary use of the property.
G. Routine maintenance, replacement or repair of a wireless facility and related equipment that does not constitute
a modification; provided, that compliance with the standards of this chapter is maintained. Structural work or
changes in height, type or dimensions of antennas, towers, or buildings are subject to the provisions of YMC
15.29.060(A).
H. Subject to compliance with all other applicable standards of this chapter, a building permit application need not
be filed for emergency repair or maintenance of a wireless facility until thirty days after the completion of such
emergency activity.
I. A COW or other temporary wireless facility shall be permitted for a maximum of ninety days, subjectto
renewals by the city,or during an emergency declared by the city.
J. Wireless facilities of the city located upon city property and city utility poles and fixtures. (Ord. 2016-029 § 1
(Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.040Permits required.
The following table summarizes the permits required for the various types of wireless facilities that meet the
standards of this chapter:
Table 29-1
Permit Table*
Type of UsePermit TypeApproval Type
Co-location/minor modification (no ModificationAdministrative (if minor
substantial change)modification)
Co-location/major modification Same as New Towers (depending on Same as New Towers (depending on
(substantial change in height)location)location)
Table 29-1
Permit Table*
Type of UsePermit TypeApproval Type
New antenna (existing noncellular Standard WirelessAdministrative
structures, inallzoning districts)
New tower (public or city-owned Standard WirelessAdministrative/Lease
property)
New tower (commercial or industrial Standard WirelessAdministrative
zoning district, more than 300 feet
from residential or protected area)
New tower (in or within 300 feet of Standard Wireless—if camouflaged Administrative
residential zoning district)by stealthor
Wireless CUP**—if not camouflaged Hearing Examiner
by stealth
New tower (in or within 300 feet of Wireless CUPHearing Examiner
protected area)
Any tower, antennas or modification Wireless VarianceHearing Examiner
not meeting standards of this chapter
* Applicable permits include building permits and other permits required for installation.
** Wireless conditional use permit
Table 29-1.5
Small WirelessPermit Table
Type of UsePermit TypeApproval Type
New small wireless facilityin Right-of-Way Use (YMC Ch. Administrative
Commented \[CE2\]: Consider moving this into Table 29-1
public right-of-way oron existing8.20)Small Wireless
or replacementutility poleor other
structureinside or outside public
right-of-way
New small wireless facilityon newSmall WirelessAdministrative
poleoutside of the right-of-way
(Ord. 2016-029 § 1 (Exh. A) (part),2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.050Application submittal/fees.
A. Standard Wireless Application. A complete application shall consist of the following:
1. A complete application form as provided by the community development department.
2. The name, address, signature and contact information of the applicant:
a. If the applicant is not the landowner, applicant shall provide written authorization signed by the
landowner authorizing the applicant to submit for permits on the landowner’s behalf. The written
authorization signed by the landowner shall contain a statement and acknowledgement by the landowner
that the landowner shall be deemed a co-applicant by virtue of such authorization.This requirement does
not apply to right-of-way locations.
b. If any applicant or co-applicant is a corporation, trust, association, or other organized group or legal
entity, it shall provide the date of such creation, and, if a foreign corporation, a copy of the certificate of
authority filed with the state of Washington, Secretary of State’s Office.
3. Evidence that the applicant is an FCC-licensed wireless service provider or that it has agreements with an
FCC-licensed wireless service provider for use or lease of the support structure.
4. Legal description of the parcel, if applicable.
5. Site plan, drawn to scale, clearly indicating the location, type and height of the current or proposed wireless
facility, accessory buildings, fencing, trees, landscaping, topographic contoursof the site at two-foot intervals,
location of utility easements, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways,
proposed means of access, setbacks from property lines, and all other items required in this chapter.
6. Elevation drawings of the proposed wireless facility, drawn to scale and showing dimensions of the height
and width of the facility.
7. Proposed colors and materials of all components of the proposed wireless facility and of any fencing
materials associated with the wireless facility.
8. State Environmental Policy Act (SEPA) checklist, if required.
9. A copy of the FCC license for the intended use of the wireless telecommunications facilities.
10. Method of proposed illumination, including a lighting plan showing the location of all proposed outdoor
lighting fixtures, including direction and intensity of light, and including manufacturer’s “cut-sheets” of all
outdoor luminaires.
11. The location of existing or proposed structures, trees, and other significant site features intended to
camouflage the facility.
12.AFor new wireless facilities,and existingwirelessfacilities in which the proposed height increase
exceeds that permitted for a minor modification,aletter signed by the applicant stating the wireless facility will
comply with all FAA regulations and EIA standards and all other applicable federal, state and local laws and
regulations.
13.Signed For new wireless facilities, signed documentation such as the “Checklist toDetermine Whether a
Facility is Categorically Excluded” to verify that the wireless facility with the proposed installation will be in
full compliance with the current FCC RF emissions guidelines (non-ionizing electromagnetic radiation—
NIER). If not categorically excluded, a complete RF emissions study is required to provide verification.
14. Applicable fees.
15. Other information for each permit and structure type as specified in subsection B of this section.
B. Application by Permit Type, Structure Type and Location. In addition to the information required for a standard
permit in subsection A of this section, the following information shall be provided for each specified permit type or
structure type:
1. New Towers and Base Stations.
a. A current map and aerial showing the location of the proposed tower and/or base station; a map
showing the locations and service areas of other wireless service facilities operated by the applicant in the
city.
b. The approximate distance between theproposed tower and the nearest residential unit, residentially
zoned properties, and protected areas.
c. A statement by the applicant that the design of the tower will accommodate colocation of additional
antennas for future users.
d. An affidavit stating that (1) the applicant and landowner agree they will allow co-location of
additional wireless facilities by other providers on the applicant’s structure or within the same site
location, subject to good faith negotiation of compensation according to market rates, and (2) the applicant
and/or landlord agree to remove the facility within ninety days after abandonment.
e. An affidavit signed by the applicant, landowner (co-applicant), and the antenna support structure
owners, if different, indicating that:
i. They, together with their heirs, successors and assigns, agree to be jointly and severally responsible
to dismantle and remove the WCF/antenna support structure and restore the site to its approximate
original prestructure condition within the applicable time limits set forth in YMC 15.29.150 following
receipt of a letter from the city indicating that the facility is deemed abandoned or in violation of this
chapter; and
ii. In the event a permit is issued pursuant to this chapter, they authorize the city to record such
affidavit or a memorandum thereof with the Yakima County auditor against title to the property for
which the permit was issued.
f. A landscape and irrigation plan showing all methods to landscape, irrigate, and screen the base of new
facilities.
g. An explanation of proposed methods of camouflaging (including stealth if applicable) and how the
proposed camouflaging reflects conditions of the surrounding site and area.
2. Facilities in Residential Zoning Districts and Protected Areas.
a. A statement describing the applicant’s effort to first locate the proposed wireless facilities on a
government facility, a private institutional structure (such as a hospital or school), or other appropriate
existing structures outside the residential zone or protected area and within a half-mile radius of the
proposed site, and explaining why, based upon valid considerations including physical, technological,
leasing, or other valid constraints, no more appropriate location is available.
b. A description of any existing buildings taller than thirty-five feet within one-half mile of the proposed
tower or antenna which from a location standpoint could provide part of a network to provide transmission
of signals.
c. A statement describing the applicant’s effort to first contact the owners of structures in excess of
thirty-five feet within a one-quarter-mile radius of the site proposed and which from a location standpoint
could meet the technicalobjectives of the facility in the applicant’s network. The statement shall, if
applicable, confirm whether the applicant asked for permission to install the antenna on those structures
and whether he or she was denied permission of use for reasons other than the ability or refusal of the
applicant to pay a market rate for use of the alternative structures.
3. Modification Permit.
a. Elevation drawings of the existing wireless facility, drawn to scale and showing dimensions of the
height and width of the facility (this drawing is required in addition to elevation drawing of proposed
facility described under subsection A of this section);
b. A computation and description of proposed modification establishing whether or not such
modification constitutes a substantial change in the physicaldimensions of the existing facility (if the
application is for modification of an existing facility); and
c.Written authorization signed by the owner of said facility authorizing its modification. (Required if
the applicant is not the owner of the existing wireless facility.)
Commented \[CE3\]: Not sure how this is different from
YMC § 15.29.050 (A)(2)(a)
4. Wireless CUP (Conditional Use Permit).
a. An explanation of proposed methods of camouflaging and how the proposed camouflaging reflects
conditions of the surrounding site and area.
b. A statement from the applicant describing how he/she believes the proposal addresses the criteria for a
wireless conditional use permit prescribed in YMC 15.29.100.
5. Wireless Height Variance.
a. A statement from the applicant describing how he/she believes the proposal addressesthe criteria for a
wireless height variance prescribed in YMC 15.29.110.
b. A statement describing the requested variance and why it is needed.
C. Applicant to Provide Notice. For wireless conditional uses or variances, the city may require applicant to post
notice at a location or locations deemed appropriate by the city, and will provide notice to the governing body of any
affected historic district association or organization. Applicant shall provide an affidavit that all required notices
have been posted and published as required. Additionally, and without limitation, the city may use any other means
deemed advisable to provide advance notice to the public.
D. Fees. The application for a permit listed above shall be accompanied by a filing fee in the amount set forth in
Table 29-2YMC 15.26.010.A separate fee is required for each permit type associated with the application.
Table 29-2
Application Fees*
Permit TypeFee
Modification (if minor)$300.00
Modification (if major)$500.00
Standard Wireless$500.00
Small Wireless$500 for the first five (5) small wireless facilities in
the same application, plus $100 for each facility
beyond five (5)
Wireless Variance$1,500.00
Wireless Conditional Use Permit$3,500.00
* Separate fee required for each permit type associated with application. For an application requiring a
wireless variance and a wireless conditional use permit, both the variance fee and the conditional use
permit fee are required.
(Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.060Development standards.
A. Modifications to an Existing Wireless Facility or Base Station.
1. Minor Modification/Eligible Facilities Request under 47 CFR Section 1.6100. Any modification of or
colocation on an existing wireless facility that does not substantially change the physical dimensions of such
tower or base station (as defined in subsection (A)(2) of this section), even if it exceeds the underlying
standards of the zoning district, shall be deemed a “minor modification” and shall be administratively approved
under a modification permit.
2. Major Modification. Any modification of or colocation on an existing wireless facility that substantially
changes the physical dimensions of an existing wireless tower or base station shall be deemed a “major
modification.” A substantial change occurs if:
(i)Fortowersother thantowersin the public rights-of-way, it increases the height of thetowerby more
than 10% or by the height of one additionalantennaarray with separation from the nearest
existingantennanot to exceed twenty feet, whichever is greater; for other eligible support structures, it
increases the height of the structure by more than 10% or more than ten feet, whichever is greater;
(A)Changes in height should be measured from the original support structure in cases where
deployments are or will be separated horizontally, such as on buildings' rooftops; in other
circumstances, changes in height should be measured from the dimensions of thetoweror base
station, inclusive of originally approved appurtenances and any modifications that were approved
prior to the passage of theSpectrum Act(February 22, 2012).
(ii)Fortowersother thantowersin the public rights-of-way, it involves adding an appurtenance to the
body of thetowerthat would protrude from the edge of thetowermore than twenty feet, or more than the
width of thetowerstructure at the level of the appurtenance, whichever is greater; for other eligible
support structures, it involves adding an appurtenance to the body of the structure that would protrude
from the edge of the structure by more than six feet;
(iii)For any eligible support structure, it involves installation of more than the standard number of new
equipment cabinets for the technology involved, but not to exceed four cabinets; or, fortowersin the
public rights-of-way and base stations, it involves installation of any new equipment cabinets on the
ground if there are no pre-existing ground cabinets associated with the structure, or else involves
installation of ground cabinets that are more than 10% larger in height or overall volumethan any other
ground cabinets associated with the structure;
(iv)It entails any excavation or deployment outside the current site;
(v)It would defeat the concealment elements of the eligible support structure; or
(vi)It does not comply with conditionsassociated with the siting approval of the construction or
modification of the eligible support structure or base station equipment, provided however that this
limitation does not apply to any modification that is non-compliant only in a manner that wouldnot
exceed the thresholds identified in(i)through (iv).
3.Clarification of “Substantial Change” under Declaratory Order FCC-CIRC2006-03. The phrase “with
separation from thenearest existing antenna not to exceed twenty feet,” in the context of permissible tower
height increases from adding an antenna, is measured from the top of an existing antenna to the bottom of a
proposed new antenna.
Commented \[CE4\]: In other words, an additional antenna
can be added to an existing tower and is still considered a
4. Major Modification—Required Permits. A major modification shall be processed under the same permit
minor modification as long as the distance between the top
types as new towers located in the same zone and area. (See Table 29-1, Permit Table, or Table 29-1.5)
of the existing antenna and the bottom of the new antenna
is no more than 20 feet.
B. Collocation Capable—New Structures. To reduce the number of antenna support structures needed in the city in
the future, the following standards apply to new towers:
1. Requirement and Waiver. New proposed support structures shall be designed to accommodate at least two
additional antenna arrays equal to those of the applicant, and located as close to the applicant’s antenna as
possible without causing interference. This requirement may be waived if such design is not feasible for
aesthetic reasons, or necessary to preserve camouflaging or stealth structures in residentialor protected areas;
or provided, that the applicant, in writing, demonstrates that the provisions of future shared usage of the tower
is not technologically feasible or creates an unnecessary and unreasonable burden, based upon:
a. The kind of wirelessfacilities site and structure proposed; or
b. The number of existing and potential licenses without wireless telecommunications facilities
spaces/sites; or
c. Available space on existing and approved towers or other appropriate structures.
2. Owner Certification. The owner of a proposed tower, and his/her successors in interest, shall either:
a. Provide a written statement affirming that a master license agreement with another wireless provider
or providers exists stating mutually acceptable terms and conditions for colocation for wireless facilities
on the tower and site; or
b. Provide a written statement affirming that the owner and owner’s successors will negotiate in good
faith for the colocation and shared use of the proposed tower by other wireless service providers in the
future, and shall allow shared use of the tower if another wireless service provider agrees in writing to pay
reasonable charges. The charges may include, but are not limited to, a pro rata share of the cost of site
selection, planning, project administration, land costs, site design, construction and maintenance financing,
return on equity, less depreciation, and all of the costs of adapting the tower or equipment to accommodate
a shared user without causing electromagnetic interference.
C. Collocation Encouraged—Existing Structures. To minimize adverse visual impacts associated with the
proliferation of towers, collocation ofwireless facilities on existing towers and structures is encouraged as follows:
1. Collocation is permitted by right under a modification permit, unless the modification constitutes a
substantial change to the tower and/or base station pursuant to Section 6409(a) of the Middle Class Tax Relief
and Job Creation Act of 2012/47 CFR Section 1.6100. Changes to tower height that constitute a “substantial
change” as defined by subsection (A)(2) of this section are subject to all provisions applicable to new towers
and base stations described in this chapter.
2. The city may deny an application to construct new facilities if the applicant has not shown by substantial
evidence that it has made a diligent effort to mount the facilities on a suitable existing structure or tower within
one-quarter mile of the proposed facility.
3. All wireless service providers or lessees or agents thereof shall cooperate in good faith to accommodate co-
location with competitors.
D. Required Parking. Adequate parking shall be required for maintenance workers.
E. Facilities in or within Three Hundred Feet of Residential Zone or Protected Area. The following standards
apply to wireless facilities within residential zoning districts, and within three hundred feet of residential zoning
districts:
1. Due Diligence Requirements. Applications to place antennas and towers in residential zoning districts or
within three hundred feet of residential zoned districts shall demonstrate that the requirements of YMC
15.29.050(B)(2) have been met.
2. NEPA Requirements. Antennas and tower facilities proposed to be located in or within three hundred feet
of an established or pending federal, state or local historic district or historic district overlay are facilities that
may affect districts, sites, buildings, structures or objects significant in American history, architecture,
archeology, engineering or culture, that are listed, or are eligible for listing, in the National Register of Historic
Places. (See 16 U.S.C. 470w-5; 36 CFR Parts 60 and 800.) Applicant shall comply with applicable provisions
of the National Environmental Policy Act (NEPA), including but not limited to the environment assessment
provisions of 47 CFR 1.1307 et seq. and comply with any mitigations imposed therein.
3. Certificate of Appropriateness Required. New wireless facilities, and any modification to existing wireless
facilities that constitutes a “substantial change” pursuant to subsection (A)(2) of this section, proposed to be
located in a local historic district, historic district overlay, or other protected historic site, listed in the city of
Yakima registry of historic places, require a certificate of appropriateness from the Yakima historic
preservation commission in accordance with the procedures set forth in Chapter 11.62 YMC prior to the
issuance of any permit for the construction, installation or major modification of wireless facilities in such
areas.
F. Building Permits Required. Issuance of wireless facility permits under this chapter shall authorize issuance of
any necessary and appropriate building permits to accomplish such modification, subject to compliance with
applicable permit requirements and fees. Applicant shall submit complete applications for all other construction
permits necessary to accomplish the construction.
G. Small WirelessFacilities.
1.Small wirelessfacilitieslocatedon a new pole outside ofthe public right-of-way shall conform to the
design criteria of YMC 15.29.070(B).
2.Small wirelessfacilities installed on new poles shall only be permitted if the applicant can show that the
small wireless facility cannot otherwise be installed on an existing pole or structurein the public right-of-
way within the area that the smallwirelessfacility is proposed to serve.
3.Small wirelessfacilities located in the public right-of-way, whether on an existing utility pole or on a new
structure, shall comply with thefollowing:
a.Small wireless facilities shall apply for and obtain a right-of-way use permit pursuant to YMC 8.20
prior to any placement or construction;
b.Small wirelessfacilities placed in the public right-of-way shall not obstruct bicycle, pedestrian, or
vehicular access where access currently exists or is proposed to exist in the future.
b.c.Small wireless facilities placed in the public right-of-way shall not result in the removal of existing
street trees.
c.d.Smallwirelessfacilities placed in the public right-of-way and/or on public structures shall require a
franchise agreement, master license agreement, or other legally-binding contractifthe city deems
appropriate.
d.e.Permitting small wirelessfacilities on city-owned infrastructure including street lights and traffic
signals shall be determined by the director of public works.
4.Priority of Structure Type. The order of priorities for locating new small wireless facilities in the public
right-of-way shall be as follows:
a.Existing pole or other structure.
b.Replacement pole ofan existing streetlight.
c.Replacement pole or structure of something other than a streetlight that provides an additional function
beyond providing small wireless service.
d.New pole or structure where one is not currently locatedthatprovides an additional function beyond
providing small wireless service.
e.Pole or structure that will operate solely as a small wireless facility with no additionalfunction.
4.5.Small wirelessfacilities may be modified under the modification procedures of YMC 15.29.120 (C).
(Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.070Design criteria.
A. All wireless facilities,except small wirelessfacilitiessubject to YMC 15.29.070(B)below,shall comply with
the following standards:
1. Setback. A tower’s setback shall be measured from the base of the tower to the property line of the parcel
on which it is located. Except as otherwise set forthbelow, setbacks for facilities shall comply with the setback
requirements of Chapter 15.05 YMC and Table 5-1.
a. Right-of-Way Setback Exception. The setback requirement is not applicable if the antenna and
antenna support structure are located in the city right-of-way.
b. Protected Areas. In protected areas or where a proposed tower is on property abutting a protected
area, towers shall be set back from all property lines a distance equal to one hundred ten percent of tower
height as measured from ground level.
c. Residential Zoned Districts. In residential zoned districts or where a proposed tower is on property
abutting a residential zoned district, towers shall be set back a minimum of one-half the tower height.
d. Minor Modifications. Any expansion of a base station or extension of height of an existing wireless
facility that constitutes a minor modification shall be considered in compliance with the setback
requirements previously approved for the existing wireless facility.
e. Existing Wireless Facility on Established Lot—Exception. The setback requirement is not applicable
if the antenna and antenna support structure were constructed, or application for such construction vested,
on a parcel created pursuant to RCW 58.17.040(8) prior to the effective date of this code. Wireless
facilities constructed on and after the effective date of this code on parcels created pursuant to RCW
58.17.040(8) are subject to the setback requirements.
2. Tower and Antenna Height. The maximum height of a wireless facility is as follows:
a. In or within three hundred feet of a residential zoning district or protected area, no wireless facility
shall exceed the height allowed by the underlying height limitation for the zoning district in which the
facility is located, except that if the facility is camouflaged by stealth pursuant to subsection 8 of this
section, the maximum height is sixty feet.
b. In CBD and B-1 zoning districts, the maximum height is sixty feet.
c. In all other zones, the maximumheight is one hundred ten feet.
d. Structures that exceed the above height limits may be permitted by variance pursuant to the wireless
height variance provisions of YMC 15.29.110.
3. Color. Towers shall have a dark color such as forest green, charcoal or dark brown, depending on the
surroundings or background, which minimizes their visibility, unless a different color is required by the FAA.
Colors shall be maintained and repainted as necessary to maintain original color, to repair fading through
weathering, and to prevent flaking.
4. 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.
5. Fencing and Security. The antenna support structure shall be secured against unauthorized entry. A well-
constructed wall or wooden fence not less than six feet in height from the finished grade shall be provided
around each 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 itis fully screened from public view by dense vegetative
screen at least eight feet in depth along all visible portions of the fence.
6. Anti-Climbing Device. All support structures shall be fitted with anti-climbing devices, as approved by the
manufacturers.
7. Camouflage Requirements. All new towers and base stations, and major modifications to towers and base
stations, must be camouflaged as defined by this chapter. Appropriate camouflaging is determined on a site-
specific basis, taking into accountexisting structures and natural features both on and surrounding the site.
When considering surrounding features that the facility is designed to reflect, nonconforming structures shall
not be considered. In all zones, towers shall be camouflaged using the least visually and physically intrusive
facility that is not technologically impracticable under the facts and circumstances. Camouflaging for new
towers and base stations shall include the following:
a. Landscaping. Landscaping is an element of camouflage. Landscaping, as described herein, shall be
required to bufferwireless facilities to soften the appearance of the cell site. The city may permit any
combination of existing vegetation, topography, walls, decorative fences or other on-site features instead
of landscaping, if they achieve the same degree of screening as the required landscaping. If the antenna is
mounted flush on an existing building, and other equipment is housed inside an existing structure, or if the
antenna is otherwise camouflagedby stealth, landscaping shall not be required.
b. Buffers. The visual impacts of a wireless facility shall be mitigated through landscaping or other
screening materials at the base of the tower and ancillary structures. Further, existing vegetation shall be
preserved to the maximum extent practicable and may be used as a substitute for or as a supplement to
landscaping requirements. The following landscaping and buffering shall be required around the perimeter
of the tower and accessory structures:
i. A row of trees a minimum of six feet tall at planting a maximum of six feet apart shall be planted
around the perimeter of the fence.
ii. A continuous hedge at least thirty-six inches high at planting capable of growing to at least forty-
eight inches in height within eighteen months shall be planted in front of the tree line referenced above.
iii. To the extent feasible, the tower or mount shall be placed amongst and adjacent to the drip line of
three or more trees at least seventy-five percent of the height of the facility.
iv. An automatic irrigation system providing irrigation as needed according to plant type, season and
maturity of plantings.
c. Continued Maintenance. Applicant shall have a continuing obligation to maintain the landscaping
improvements. In the event that landscaping is not maintained at the required level, the city after giving
thirty days’ advance written notice may maintain or establish the landscaping and bill both the owner and
lessee for such costs until such costs arepaid in full, or may seek enforcement through any available
remedy.
d. Trees—Recording of Conditions. To ensure that trees associated with camouflaging and screening are
preserved, the following note shall be recorded on the property title:
All trees within 50 feet of thewirelessfacility located on this property, which serve to screen the wireless
facility, shall be retained for the life of the wireless facility. Screening trees may only be removed if deemed
diseased or dangerous by a certified arborist. Before any trees can be removed a report from the certified
arborist shall be submitted to the City for review and approval. Unless approved by the City, only that portion
of the tree required to remove the hazard can be removed. The City may require the trees to be replaced by the
telecommunication provider.
8. Stealth Requirements. Any facility in or within three hundred feet of residential zoning district or protected
area must be concealed within a stealth structure unless otherwise approved through a wireless conditional use
permit. Stealth structures shall be designed as follows:
a. The stealth camouflage structure or facility must be compatible with surrounding development by
being either similar in height to surrounding structures or a sufficient distance from surrounding structures
to create a significant visual separation.
b. Stealth designs shall reflect features that are indigenous to the area.
c. Towers designed to look like trees shallbe tree types that naturally or commonly occur in the
surrounding neighborhood or district, shall be located within one hundred feet of existing trees, and shall
not exceed the average height of nearby trees by more than thirtyfeet Towers that only add artificial
branches, limbs, or other vegetative features while still maintaining the appearance of a standardtower are
not considered stealthdesigns.
d. Towers designed to look like buildings or structures must be of a design that reflects local architecture
or structure types. Towers designed to look like steeples on church shall be of a height and scale
proportional to the building design (other churches in the area can provide examples of acceptable
proportions between the size of the steeple and the size of the church buildings);
e.Towers designed to look like flag polesshall be tapered andhave the common dimensions of flag
poles, both in height and girth, and shall fly at least one flag.
f. After completion of construction, the antennas, towers and related facilities will be maintained within
the stealth structure so as to be concealed from view or be viewed as the camouflaging stealth structure;
and
g. The administrator may impose other conditions or mitigations reasonably related to such structures as
warranted by special conditions of the subject property and the type of camouflaging structure, including
but not limited to additional or supplemental setback requirements, maintenance requirements, and other
measures intended to accomplish the purposes of this chapter and section.
9. Antenna Criteria. Antennason or above a structure shall be subject to the following:
a. The antenna shall be architecturally compatible with the building and wall on which it is mounted, and
shall be designed and located so as to minimize any adverse aesthetic impact.
b. The antenna shall be mounted on a wall of an existing building in a configuration as flush to the wall
as technically possible and shall not project above the wall on which it is mounted unless it must for
technical reasons.In no event shall an antenna project more than sixteen feet above the roofline, including
parapets.
c. The total height of the antenna shall comply with the height standards of YMC 15.29.070(A)(2),
except as noted in this chapter.
d. The antenna, brackets, and cablingshall 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.
e. Future or multiple installations of antennas shall ensure balance and symmetry when placing
additional antennas on the façade of the building.
f. 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.
g.The antenna may be mounted on the roof if the following additional criteria are satisfied:
i. The city finds that it is not technically possible or aesthetically desirable to mount the antenna on a
wall.
ii. Roof mounted antenna and related base stations are screened from view by materials that are
consistent and compatible with the design, color, and materials of the building.
iii. No portion of the antenna may exceed sixteen feet above the height of the existing building.
iv. If the antenna is placed on the roof or above the top of a building, it shall provide a minimum
setback equal to the height of the panel antenna from the rooftop edge.
v. Antenna, antenna arrays, and support structures shall not extend more than sixteen feet above the
highest point of the structure on which they are mounted. The antenna, antenna array, and their support
structure shall be mounted so as to blend with the structure to which theantenna 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.
10. Guy Wires Restricted. No guy or other support wires shall be used in connection with such antenna,
antenna array, or its support structure except when used to anchor the antenna, antenna array, or support
structure to an existing building to which such antenna, antenna array, or support structure is attached.
11. Equipment Structures. The standards for equipment structures (base stations) are as follows:
a. Ground Structure.
i. The maximum floor area is five hundred square feet and the maximum height is twelve feet, unless
the applicant demonstrates that a larger area and/or increased height is necessary to accommodate the
proposed facility and possible colocation.
ii. Ground level buildings shall be screened from view by landscape plantings, fencing, or other
appropriate means, as specified herein or in other city ordinances.
iii. In instances where equipment buildings are located in residential zones, equipment buildings shall
comply with setback requirements and shall be designed so as to conform in appearance with nearby
residential structures, including building form, materials and color.
b. Roof Mounted Structure.
i. Equipment buildings mounted on a roof shall be designed to match and be integrated into the
exterior design and materials of the building. Equipment for roof mounted antenna may also be located
within the building on which the antenna is mounted.
ii. Equipment buildings, antenna, and related equipment shall occupy no more than twenty-five
percent of the total roof area of the building the facility is mounted on, which may vary if co-location
and adequate camouflage are used. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh.
A) (part), 2013).
B. Small wirelessfacilities shall comply with the following standards:
1. Height.Small wirelessfacilitiesshall conform to the followingheight limitations:
a. are mounted on structures 50 feet or less in height including antennas, or
b. are mounted on structures no more than 10 percent taller than other adjacent structures, or
c. do not extend existing structures on which they are located to a height of more than 50 feet or by
more than 10 percent, whichever is greater.
2. Size.Small wireless facilities shall meet the following size limitations:
a. Each antenna associated with the deploymentis no more than three cubic feet in volume;
b. All other wireless equipment associated with the structure, including the wireless equipment
associated with the antenna and pre-existing associated equipment on the structure, is no more than 28
cubic feet in volume.
3. Color.The color of the facility, including both antennas and equipment,shall blend in with the structure in
which it is being attached to or integrated with, to the extent technically feasible.
a.Antennas, brackets, and cabling shall matchor be compatible withthe color of the equipment,
which shall match or be compatible with the color of the structure it is being attached to as closely as
possible.
b. Replacement polesor structures,and new poles or structures where none are currentlylocated,
shall match or be compatible with the color, dimensions, height, and overall design of the poleor
structurebeing replacedor of existing similar nearby poles or structures.If there are no existing nearby
poles or structures, the new pole or structure shall comply with the color requirements of YMC
15.29.070 (A)(3).
4. Lighting.Small wireless facilities shall not be illuminated.
5. Noise.Small wirelessfacilities, along with their associated equipment cabinets and other structures, shall not
generate noise to a degree thatthey violate YMC 6.04.180.Passive cooling of facilities is encouraged.
6. All equipment must be pole mounted. If it is technically infeasible to pole-mount all of the equipment to
meet the criteria herein, then equipment may be ground-based in the right-of-way pursuant to the following
standards:
a.Any necessary ground-based equipment in an undergrounded area shall be undergrounded.
b.Ground-based equipment not located in an undergrounded area should be undergrounded. If it is
technically infeasible to underground the ground-based equipment or to pole-mount the equipment in compliance
with the maximum size standards of this section, the ground-based equipment may be located fully or partially
above grade; provided, that: (i) the volume of ground-based equipment that is located above grade shall not exceed a
maximum of 28 cubic feet; (ii) the ground-based equipment shall be aesthetically compatible with other above-grade
utilities (e.g. signal boxes, electrical equipment, etc.) that are located within 600 feet of the pole; and (iii) the
ground-based equipment shall not encroach into any areas of required sidewalk.
7.Antenna(s) and equipment shall not constitute an obstruction and shall comply with all applicable codes,
laws (including the Americans with Disabilities Act), standards and regulations. In the event of a conflict between
these design standards and any applicable health and safety codes, such health and safety codes shall govern, but
only to the minimum extent necessary to avoid a violation.
15.29.080Site selection standards.
The following site selection standards shall apply to all wireless facilitiesoutside of the right-of-way, except for
small wireless facilities proposed on an existing or replaced pole.
A. An applicantfor a wireless facility, other than a small wireless facility in the ROW,that wishes to locate in a
Protected Area or a Discouraged Area shall demonstrate that a diligent effort has been made to locate the proposed
wireless facilities on a site, privateinstitutional structure, or other appropriate existing structures more than three
hundred feet from residential zoned districts or more than three hundred feet from a protected area, and that, due to
valid considerations including physical constraints,site availability,and technological feasibility, no more
appropriate location is available. Such antennas, antenna equipment, towers and related facilities may be approved
by the administrator, subject to the administrator’s approval of camouflage or disguise by stealth. Such proposed
structures mayalso be subject to the photo-simulation requirements of YMC 15.29.130 in order to assist the
administrator in determining appropriate camouflage and/or stealth requirements.
B. Priority of Locations. The orderof priorities for locating new wireless service facilities shall be as follows:
1. Collocation (see YMC 15.29.060(B) and (C)).
2. Industrial zoning districts.
3. Public property (see subsection E of this section).
4. Existing structures—industrial and commercial zoning districts (e.g., buildings, towers, and water towers).
5. Local business district (B-2) and small convenience center (SCC) zoning districts.
6. Residential zoned districts.
7. Protected areas.
C. Site Selection Criteria.
1. Any applicant proposing to construct an antenna support structure, or mount an antenna on an existing
structure, shall evaluate different sites within a one-quarter-mile radius to determine which site will provide the
best screening and camouflaging while providing adequate service to satisfy its function in the applicant’s
system. If the applicant proposes a site that does not provide the best opportunities for screening and
camouflaging then the applicant must demonstrate why the facility cannot be located at the site where it can be
best screened and camouflaged and why the antenna must be located at the proposed site.
2. Wireless facility installations shall be placed in locations where the existing topography, vegetation,
buildings, or other structures provide the greatest amount of camouflage.
D. Siting Priority on Public Property.
1. Order of Preference. Where public property is sought to be utilized by an applicant, priority for the use of
government-owned land for wireless antennas and towers will be given to the following entities in descending
order:
a. City of Yakima, except that any facilities proposed for location within the airport safety overlay
(ASO) are further subject to the limitations and requirements of Chapter15.30 YMC;
b. Public safety agencies, including law enforcement, fire and ambulance services, which are not part of
the city of Yakima and private entities with a public safety agreement with the city of Yakima;
c. Other governmental entities, for uses that are not related to public safety; and
d. Entities providing licensed commercial wirelessservices including cellular, personal communication
services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), data,
Internet, paging, and similar services that are marketed to the general public.
2. Subject to City Discretion. The placement of wireless service facilities on city-owned property is subject to
the discretion of the city and approval of lease terms that are acceptable to the city, and must comply with the
following requirements:
a. The facilities will not interfere with the purpose for which the city-owned property is intended;
b. The facilities will have no significant adverse impact on surroundingprivate property, or any
significant adverse impact is mitigated by screening, camouflage or other condition required by city;
c. The applicant shall obtain adequate liability insurance naming the city as loss payee and commit to a
lease agreement thatincludes equitable compensation for the use of public land and other necessary
provisions and safeguards. The city shall establish fees after considering comparable rates in other cities,
potential expenses, risks to the city, and other appropriate factors;
d. The applicant will submit a letter of credit, performance bond, or other security acceptable to the city
to cover the costs of removing the facilities;
e. The lease shall provide that the applicant must agree that in the case of a declared emergency or
documented threat to public health, safety or welfare and following reasonable notice the city may require
the applicant to remove the facilities at the applicant’s expense. Wireless facilities serving essential
government services and other government agencies shall have priority over other users;
f. The applicant must reimburse the city for any related costs that the city incurs because of the presence
of the applicant’s facilities;
g. The applicant must obtain all necessary land use approvals; and
h. The applicant must cooperate with the city’s objective to encourage colocations and thus limit the
number of cell sites requested.
F. Special Requirements for Parks. The use of city-owned parks for wireless facilities brings with it special
concerns due to the unique nature of these sites. The placement ofpwireless 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 wireless
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 wireless facilities be allowed in designated critical areas (except aquifer recharge areas)
unless they are collocated on existing facilities; and
3. Before wireless facilities may be located in public parks, visual impacts and disruption of normal public
use shall be mitigated. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051§ 2 (Exh. A) (part), 2013).
15.29.090Safety and industry standards.
A. Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC,
and any other agency of the federal government with the authority to regulate towers and antennas. If those
standards and regulations are changed, then wireless service providers governed by this chapter shall bring their
towers and antennas into compliance with the revised standards and regulations within six months of their effective
date or the timelines provided by the revised standards and regulations, whichever time period is longer. Failure to
bring towers and antennas into compliance with the revised standards and regulations shall constitute grounds for
revocation of permit.
B. Building Codes—Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall
ensure that it is maintained in compliance with standards contained in applicable city building codes and the
applicable standards fortowers that are published by the Electronic Industries Association (“EIA”), as amended
from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards
and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the
owner shall have thirty days to bring the tower into compliance with such standards. If the owner fails to bring its
tower into compliance within thirty days, the city may remove the tower at the owner’s expense.
C. Compliance with RF Standards.
No wireless service provider or lessee shall fail to assure that its antenna complies at all times with the current
applicable Federal Communications Commission (FCC) radio frequency (RF) emission standards.
(Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.100Wireless conditional use permit criteria.
A. Uses Requiring Wireless Conditional Use Permit. Any wireless facility listed in Table 29-1 as a wireless
conditional use permit (wireless CUP) requires submittal of a wireless CUP application as described in YMC
15.29.050. Wireless CUPs require a public hearing before the hearing examiner and final approval by the hearing
examiner.
B. Criteria for Granting Wireless Conditional Use Permit. Before any conditional use may be granted, the hearing
examiner must find that:
1. The proposed use will not be materially detrimental to the public welfare or injurious to the property or
improvements in the vicinity of the proposed use or in the district in which the subject property is located;
2. The proposed use shall meet or exceed the performance standards that are required in the zoning district
the proposed use will occupy;
3. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic
and pedestrian circulation, building and site design;
4. The proposed use shall be in keeping with the goals and policies of the comprehensive land use policy
plan; and
5. All reasonable and practicable measures have been taken to minimize the possible adverse impacts which
the proposed use may have on the area in which it is located.
C. Authority to Impose Conditions. The hearing examiner may impose any conditions necessary to address
identified impacts associated with the proposed wireless facility and ensure that the facility is compatible with
surrounding development. The hearing examiner may:
1. Increase requirements in the standards, criteria or policies established by this title;
2. Stipulate the exact location as a means of minimizing hazards to life, limb, property damage, erosion,
landslides or traffic;
3. Require structural features or equipment essential to serve the same purpose set forth above;
4. Impose conditions similar to those set forth in subsections (C)(2) and (3) of this section as deemed
necessary to establish parity with uses permitted in the same zone in their freedom from nuisance generating
features in matters of noise, odors, air pollution, wastes, vibration, traffic, physical hazards, and similar matters;
provided, the hearing examiner may not, in connection with action on a conditional use permit, reduce the
requirements specified by this title as pertaining to any use or otherwise reduce the requirements of this title in
matters for which a variance is the remedy provided;
5. Assure that the degree of compatibility with the purpose of this title shall be maintained with respect to the
particular use on theparticular site and in consideration of other existing and potential uses within the general
area in which the use is proposed to be located;
6. Recognize and compensate for variations and degree of technological processes and equipment as related
to the factors of noise, smoke, dust, fumes, vibration, odors, and hazard or public need; and
D. Conditional Use Permits—Effect of Hearing Examiner Decision. The decision of the hearing examiner on a
conditional use permit shall be final and conclusive withright of appeal to the city council in accordance with YMC
16.08.030. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.110Wireless height variance.
A. Applicability. Awirelessheight variance is required for any major modification to an existing tower, antenna,
or base station or construction of a new tower, antenna, or base station that requires a height in excess of height
limits defined in YMC 15.29.070(2).
B. Variance from other standards. A major modification to an existing tower, antenna, or base station or
construction of a new tower, antenna, or base station that requires variance from design criteria in YMC 15.29.070
other than height shall follow the standard variance procedures in Ch. 15.21 YMC (including review criteria).
C. Criteria for Granting Wireless Height Variance. The hearing examiner shall have the authority to grant a
variance from the maximum height allowed for a tower, antenna or base station when, in his/her opinion, the
conditions as set forth herein have been found to exist. A wireless height variance is subject to:
1. Compliance with standard wireless permit standards of YMC 15.29.120(D);
2. Standard variance procedures in Chapter 15.21 YMC (not including review criteria); and
3. All of the following criteria must be met:
a. The additional height is necessary to provide adequate service and no other alternative is available;
b. A significant portion of the tower and related facilities are screened by existing evergreen trees or
existing structures;
c. Strict application of current height limits would deprive a tower or antenna operator from achieving
the minimum height required to meet the proven wireless need;
d. The structure for which the variance is requested is in harmony with the general purpose and intent of
this chapter;
e. 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;
f. Any visual impacts will be mitigated to the greatest extent possible using camouflage, stealth or
screening as defined by this chapter;
g. 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
h. The variance is the minimum necessary to grant relief to the applicant.
D. Decision. Based upon the information provided by the applicant, the results of the visual impact analysis, and
findings of compliance or noncompliance with the criteria set forth herein, the examiner may:
1. Approve an application for a variance, which may include additional requirements above those specified in
this title or require modification of the proposal to comply with specified requirements or local conditions; or
2. Deny a variance if the proposal does not meet or cannot be conditioned or modified to meet subsection B
of this section.
E. Burden of Proof. The applicant has the burden of proving that the proposed wireless height variance meets all
of thenecessarycriteria. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.120Application review process.
A. PreapplicationMeeting. To expedite review of applications, a preapplication meeting with the administrator is
strongly encouraged. The preapplication meeting will help the applicant determine what permits may be required for
his or her proposed wireless facility, what additional information or studies may help in the review of the
application, and what stealth and/or camouflaging techniques might be appropriate for the site. The administrator
may help to identify protected areas and may also suggest vantage points from which a visual impact assessment
should be based.
B. Review for Completeness. The administrator shall review each application for completeness as specified in
YMC 15.29.050and 47 CFR Section 1.6003. After review of the application, the administrator shall issue a
determination of completeness or incompleteness in accordance with Chapter 16.04 YMC. In addition to
information required for a complete application, the administrator may request additional information from the
applicant to review the proposaland determine compliance with the provisions of this chapter. Except for the stricter
timelines specified in subsection C of this section for applications to modify an existing wireless facility or base
station, or an application for small wireless facilities in the ROW47 CFR Section1.6003,such administrative
review, processing and issuance of administrative permits shall comply with the city’s timelines and procedures
governing review and issuance of administrative permits in Chapter 16.04 YMCTitle 16.
C. Modification Permit Review. Applications for modifications to existing wireless facilities or base stations shall
be reviewed as follows:
1. Determination of Major or Minor Modification. Within forty-fivesixtydays of receipt of a completean
application for modification, the administrator shall review and issue a written determination as to whether the
requested modification is deemed a major or minor modification under the provisions of YMC 15.29.060(A). The
administrator may request additional information from the applicant or any other entity to assist in this
determination.
2. Finding of No Substantial Change—Minor Modification. If the modification is deemed by the administrator to
be a minor modification under the provisions of YMC 15.29.060(A), theadministratorshall issue a modification
permit, which may include conditions necessary to achieve compliance with the provisions of this section. Issuance
of the modification permit shall occur within forty-fiveninetydays after receipt and approval of a completean
application for a modification permit.
Commented \[CE5\]: Per 47 CFR § 1.6100 (c)(2), “within 60
days of the date on which an applicant submits a request
3. Finding of Substantial Change—Major Modification. If the administrator determines that such application
seeking approval under this section, the State or local
constitutes a substantial change to the physical dimensions of an existing wireless tower or base station, the
government shall approve the application unless it
administratorshall issue a writtendetermination that the change is a major modification and direct the applicant to
determines that the application is not covered by this
submit the appropriate application(s) as specified in Table 29-1 and YMC 15.29.050.
section.”
4. Small Wireless—Modification. If the modificationis deemed by the administrator to comply with the provisions
of YMC 15.29.060 (G) and 15.29.070 (B), the administrator shall issue a modification permit, which may include
conditions necessary to achieve compliance with the provisions of this section. Issuance of the modification permit
shall occur within sixty days after receipt of an application for a modification permit.
D. Standard Wireless Permit Review. Standard wireless applications apply to all new wireless facilities and base
stations and to major modification of all existing wireless facilities and base stations. Standard wireless applications
shall be reviewed as follows:
1. Administrative Decision. All standard wireless applications shall be subject to administrative review and
decision unless they require an associated wireless conditional use permit or variance as specified in Table 29-1
or Table 29-1.5.
2. Camouflaging/Stealth Review. Except for small wireless facilities, the administrator shall review the
proposed method of camouflaging or stealth against conditions onor surrounding the site as follows:
a. The administrator shall consider how proposed design of the tower, placement on the site, topography
of and surrounding the site, color, structures on and surrounding the site, and natural features on and
surrounding the site help to blend the wireless facility into its setting.
b. The administrator may require a visual impact assessment as described in YMC 15.29.130 based upon
lines of sight or vantage points identified by the administrator.
c. The administrator shall determine if the proposed camouflaging or stealth reasonably integrates the
wireless facility into its setting. The administrator may impose conditions to ensure that the facility
achieves this objective.
3. Compliance with Standards. The administrator shall review the proposal against all other standards of this
chapter including, but not limited to, height, setbacks, color, design, lighting, landscaping, screening, and
colocation capacity. If any items are found to be not in compliance, the administrator shall notify the applicant
and direct him or her to either submit within two weeks, or other period of time deemed reasonable by the
administrator considering the scope and complexity of the required revision, revised plans to address the
compliance issue, or direct the administrator to render a decision on the application as submitted.
4. Written Decision. The administrator shall issue a written decision on the application within the time frame
specified in Chapter 16.07 YMC, identifying any items not in compliance with this chapter, and including any
conditions necessary to achieve compliance.
5. Appeals. The determination or decision of the administrator on any application under this chapter shall
constitute an administrative decisionsubject to appeal pursuant to Chapter 16.08 YMC.
E. Wireless Conditional Use Permit Review. Wireless conditional use permit applications shall be reviewed as
follows:
1. Submittal of Application. An application for a conditional use permit under this chapter shall be submitted
to the administrator, who shall review such application for completeness and compliance with filing
requirements under this chapter and applicable codes of the city, in accordance with the provisions and
procedures of YMC 1.43.090 and YMC Title 16.
2. Visual Impact Assessment. The administrator shall instruct the applicant on the requirements for a visual
impact assessment. The visual impact assessment shall be completed prior to the scheduled public hearing.
3. AdditionalReports and Third-Party Review. The administrator shall have authority to request additional
information and reports from the applicant necessary to facilitate analysis of the proposal, including but not
limited to third-party review in accordance with YMC 15.29.140 and reports, surveys and tests as provided in
this chapter, when the administrator, in his or her sole discretion, deems such additional information necessary
or appropriate to fully assess the impact of the proposal and any reasonable alternatives, to address mitigation
measures identified in SEPA, NEPA or other environmental reviews, to address issues of site screening or other
measures to mitigate impacts upon the surrounding neighborhood, or to address any other impact to the life,
health, safety of persons, or quiet enjoyment of property, identified by the administrator as likely, with
reasonable probability, to result from the proposed project.
4. Scheduling for Hearing. Upon the administrator’s determination that the application is complete and in
compliance with filing requirements of this chapter, and that required, visual impact assessments and other
required reports have been finalized, the administrator in coordination with the hearing examiner shall be
responsible for assigninga date for and assuring due notice of public hearing for each application, which date
and notice shall be in accordance with the provisions of YMC Title 16.
5. Hearing Examiner—Procedures—Factors. When considering an application for a conditional use permit,
the hearing examiner shall consider the applicable standards, criteria and policies established by this title as
they pertain to the proposed use and may impose specific conditions precedent to establishing this use.
F. Wireless Height Variance Review. A wireless height variance shall be processed as follows:
1. Procedures and Applicable Criteria. A wireless height variance shall be reviewed under the procedures
described in Chapter 15.21, except that the hearing examiner shall apply the criteria for review and approval
defined in this chapter.
2. Visual Impact Assessment. The administrator shall instruct the applicant on the requirements for a visual
impact assessmentwhichshall be completed prior to the scheduled public hearing.
3. Third-Party Review. Applications for variance may also require third-party review as described in YMC
15.29.140.
4. Hearing Examiner Decision. The hearing examiner shall determine whether the proposed variance
complies with the criteria for a variance in YMC 15.29.110, and that the proposed wireless facility complies
with all other standards of this chapter. If the examiner finds that the proposal does not comply with the criteria
for a variance he shall deny the variance and associated wireless facility. Ifthe examiner finds that the proposal
complies with the criteria for a variance and with all other development standards of this chapter, he shall
approve the variance and the associated wireless facility. The examiner may impose any conditions necessary
to ensure compliance with all standards. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A)
(part), 2013).
G. Appeals. The determination or decision of the administrator on any application under this chapter,excluding
modifications,shall constitute an administrative decision subject to appeal pursuant to Chapter 16.08 YMC.
15.29.130Visual impact assessments.
A. Visual Impact Assessment. A visual impact assessment with photo-simulation of the proposed facility is
required for all applications that require a conditional use permit or variance, and may be required by the
administrator for any other application deemed necessary by the administrator to assess visual impacts associated
with such application. As part of such application,the applicant shall furnish a visual impact assessment, which shall
include:
1. Zone of Visibility Map. If a new tower or substantial modification increasing the height of an existing
structure is proposed, a computer generated “zone of visibility map”at a minimum of one-mile radius from the
proposed structuremaybe provided to illustrate locations from which the proposed installation may be seen.
2. Photo-Simulations. Pictorial representations of “before and after” (photo-simulations) views from key
viewpoints within the zone of visibility. Guidance will be provided, concerning the appropriate key sites at the
preapplication meeting, as required. Provide a map showing the locations of where the pictures were taken and
distance from the proposed structure.
3. Description of Visual Impact. A written description of the visual impact of the proposed facility including,
and as applicable, the tower base, guy wires, fencing and accessory buildings from abutting and adjacent
properties and streets as relates to the need or appropriateness of camouflaging. (Ord. 2016-029 § 1 (Exh. A)
(part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.140Third-party review.
Wireless service providers use various methodologies and analyses, including geographically based computer
software, to determine the specific technical parameters of their wireless services and facilities, such as expected
coverage area, antenna configuration, topographic constraints that affect signal paths, etc. In certain instances, a
third-party expert may need to review the technical data submitted by a provider. The city may require a technical
review as part of a permitting process for a variance or conditional use permit. The costs of the technical review
shall be borne by the provider.
The selection of the third-party expert may be by mutual agreement between the provider and the city, or, at the
discretion of the city, with a provision for the provider and interested parties to comment on the proposed expert and
review its qualifications. The expert review is intended to address interference and public safety issues and be a site-
specific review of technical aspects of the facilities or a review of the providers’ methodology and equipment used
and not a subjective review of the site that was selected by a provider. Based on the results of the expert review, the
city may require changes to the provider’s application. The expert review shall address the following:
1. The accuracy and completeness of submissions;
2. The applicability of analysis techniques and methodologies;
3. The validity of conclusions reached; and
4. Any specific technical issues designated by the city. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-
051 § 2 (Exh. A) (part), 2013).
15.29.150Nonuse/abandonment.
A. Notice of Abandonment. No less than thirty days prior to the date that a 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 providerfails 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 operatorof 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 thatexceeds the
minimum height required to function satisfactorily. Notwithstanding the foregoing, changes which are made to
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; or
3. Dismantle and Remove Facility. If the tower, antenna, foundation, and facility are not removed within the
sixty-day time period or additional period of time allowed by the city, the city may remove such tower,
antenna, foundation, and related facility at the provider’s expense. If there are two or more providers co-
locating on a facility, except as provided for in subsection (A)(2) of this section, this provision shall not
become effective until all providers cease using the facility; or
4. Small cell wireless facilities shall be removed from utility poles pursuant to the right-of-way use permit,
YMC 8.20, and/or any agreement between the provider and the City.
B. Expiration of Approval. At the earlier of sixty days from the date of abandonment without reactivating or upon
completion of dismantling and removal, city approval for the facility shall automatically expire. (Ord. 2016-029 § 1
(Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.160Transfer of ownership.
A conditional use permit runs with the land; compliancewith the conditions of any such permit is the responsibility
of the current owner of the property, whether that is the applicant or a successor. No permit for which a financial
security is required shall be considered valid during any time in which the required financial security is not posted.
(Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.170Vacation of permits.
A. Any permit issued pursuant to this chapter may be vacated upon approval by the current landowner; provided,
that:
1. The use authorized by the permit does not exist and is not actively being pursued; or
2. The use has been terminated and no violation of terms and conditions of the permit exists.
B. Requests to vacate a permit shall be made in writing to the zoning code administrator who shall determine if the
above conditions are present prior to authorizing the vacation. Vacation of any permit shall be documented by the
filing of a notice of land use permit vacation on a form provided by the community development department with
the city. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.180Violation—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. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A)
(part), 2013).
15.29.190Relief, waiver, exemption.
Any applicant desiring relief, waiver or exemption from any aspect or requirement of this chapter may request such,
pursuant to and in compliance with the applicable provision on general variances as contained in Chapter 15.21
YMC; provided, that the relief or exemption is contained in the submitted application for permit or, in the case of an
existing or previously granted permit, a request for modification of its tower and/or facilities. Such relief may be
temporary or permanent, partial or complete. No such relief or exemption shall be approved unless the applicant
demonstrates by clear and convincing evidence that, if granted, the relief, waiver or exemption will have no
significant effect on the health, safety and welfare of the city, its residents and other service providers. (Ord. 2016-
029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.200Severability.
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
ruledto be invalid or unenforceable in any material respect by a competent authority, or is overturned by a
competent authority, the permit shall be void in total, upon determination by the city. (Ord. 2016-029 § 1 (Exh. A)
(part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013.