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HomeMy WebLinkAbout5645 ORDINANCE NO. 5 6 4 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING AUBURN CITY CODE CHAPTER 18.04 ENTITLED "DEFINITIONS" BY AMENDING SUBSECTION 18.04.912 AND AMENDING CHAPTER 18.48 ENTITLED SUPPLEMENTAL DEVELOPMENT STANDARDS BY AMENDING SUBSECTION 18.48.100, AND TERMINATING THE MORATORIUM ESTABLISHED BY ORDINANCE 5616. WHEREAS, the City desires to amend Auburn City Code Subsection 18.04.912 contained in Chapter 18.04 entitled "Definitions" and Subsection 18.48.100 contained in Chapter 18.48 entitled "Supplemental Development Standards" in order to provide clarification regarding wireless communication facilities. WHEREAS, the proposed zoning code text amendments were transmitted to the Auburn City Planning Commission in February, 2002; and WHEREAS, pursuant to ACC 18.68.030, after proper notice was published in the City's official newspaper at least ten (10) days prior to the date of hearing, the Auburn City Planning Commission on March 5, 2002 conducted a public hearing on the proposed zoning code text amendments; and WHEREAS, at said hearing, the Auburn City Planning Commission heard public testimony and took evidence and exhibits into consideration of said proposed amendments; and WHEREAS, thereafter the Auburn City Planning Commission then Ordinance No, 5645 March 12, 2002 Page 1 recommended approval of the zoning code text amendments to the City Council; and WHERAS, the City Council adopted Ordinance No. 5616, establishing a moratorium on the issuance of permits for cellular phone towers in the Public Use District (P-l) zone; and WHEREAS, the adoption of this Ordinance would address the intended purpose of that moratorium, and the moratorium could then be terminated. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Adoption. Auburn City Code Subsection 18.04.912 contained in Chapter 18.04 entitled "Definitions" and Subsection 18.48.100 contained in Chapter 18.48 entitled "Supplemental Development Standards" contained in Title 18 entitled "Zoning" are hereby amended as set forth in Exhibit "A" attached hereto. Section 2. TERMINATION OF MORATORIUM. Contemporaneous with the effective date of this Ordinance, the Moratorium established by Ordinance 5616 shall be cancelled. Section 3, CONSTITUTIONALITY OR INVALIDITY: If any section, subsection, clause, phrase, or sentence, of this Ordinance, is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality of the Ordinance No. 5645 March 12, 2002 Page 2 remaining portions of this ordinance, as it is being hereby expressly declared that this ordinance and each section, subsection, clause, phrase, or sentence, hereof would have been prepared, proposed, adopted, and approved and ratified irrespective of the fact that any one or more section, subsection, clause, phrase, or sentence, be declared invalid or unconstitutional. Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 5. Effective date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. INTRODUCED: ~:~.~ch ].8, 2002 March 18, 2002 PASSED: APPROVED: March 18, 2002 PETE~ MAYOR Ordinance No. 5645 March 12, 2002 Page 3 ATTEST: Danielle E. Daskam, City Clerk A~,~ED AS TO FORM: Dali B~. eid~- V City Attor;~ ~ Ordinance No. 5645 March 12, 2002 Page 4 18.04.912 Wireless Communications. "Wireless Communications" means the provision of any personal wireless service, as defined in the Telecommunications Act of 1996, and for the purposes of this Title includes the following terms: A. Antenna: A device used in wireless communications which transmits and/or receives radio signals. Antennas include the following types: 1. Accessory: Antenna including, but not limited to, test mobile antennas and global positioning (GPS) antennas which are less than 12 inches in height or width and do not directly provide personal wireless communication. 2. Directional or Panel: An antenna or array of antennas designed to transmit a radio signal in a particular direction typically encompassing an arc of 120 degrees. Panel antennas, also called directional antennas, are typically flat, rectangular devices approximately six square feet in size. 3. Dish or Parabolic: A bowl-shaped device for the reception and/or transmission of radio frequency communications signals in a specific directional pattern. 4. Whip, rod or omni-directional antenna: An antenna, tubular in shape, that transmits and receives signals throughout a 360-degree range. 5. Other: All other transmitting or receiving equipment not specifically described herein shall be regulated in conformity with the type of antenna defined herein which most closely resembles such equipment. B. Antenna Array: One or more rods, panels, discs or similar devices attached to a support structure used for the transmission or reception of radio frequency signals. C. Attached Wireless Communications Facility (WCF):An antenna array which is attached to an existing building or structure. D. Carrier: A company providing wireless communication services, also referred to as a provider. E. Co-location: The use of a common WCF or site by two or more wireless license holders, or by one wireless license holder for more than one type of communications technology. F. Equipment Facility: A structure used to contain ancillary equipment for a WCF which may include cabinets, shelters, an addition to an existing structure, pedestals and other similar structures. G. Microcell: Microcells are typically located in and exclusively benefit residential neighborhoods. Microcells consist of an antenna that is either: (:L) a dish or parabolic antenna that is no more than four feet (4') in height and with an area of not more than five-hundred eighty (580) square inches; or, (2) a tubular antenna, that is no more than four inches (4) in diameter and no more than six feet (6') in height~ or (3~ one or more Danel antenna tha~; is no more than six feet ¢6'~ in heiQht, and its width or deoth is no more l;han six inches ¢6"] and the aQoreoate area of such oanel antenna(s) would not exceed 580 square inches that w0ul~ be visible from any one view ooint: or (4} similar antennas that are of comparable $iz~ ~. Panel antennas shall be, incoroorated into the desiQn of the existin~ structure usinQ Daintino. flush m0untincl or other concealment methods, 2. The equipment cabinets and other ground support equipment shall be located in an area that is no larger than 16 square feet. The height of the equipment shall be no more than 4 feet. The equipment shall be designed to be compatible with the residential neighborhood and shall provide landscaping or fencing or a combination of these or similar features. 3. There shall be a 300 foot separation between any microcell. 4. The antennas must be located on light poles, power poles or similar public utility poles that are either owned/operated by the City of Auburn or owned/operated by an utility provider operating with an appropriate franchise. Other similar utility poles may be used if approved by the City Engineer. The equipment cabinets may either be located within the street right-of-way in areas typically set aside for utilities such as power and cable TV or on private property. 2 S. Anyone wishing to establish a microcell shall make application to the City Engineer upon application forms provided by the City Engineer. The City Engineer shall review each application and may be empowered to approve, deny or modify the proposal. H. Separation: Minimum distance required between primary support structures. I. Support Structure: Means the structure to which antenna and other necessary associated hardware are attached to. Support structures include but are not limited to the following: Lattice tower: A structure of various height that consists of a network of crossed metal braces forming a tower which is usually triangular or square in cross section. To be considered a primary support structure. 2. Monopole: A structure of varying height consisting of a single spire sunk into the ground and/or attached to a foundation. To be considered a primary support structure. 3. Other structures: This may include existing buildings, water towers, athletic field liaht z)oles, or other similar structures. To be considered a secondary support structures. 3. Wireless Communications Facility (WCF): Any non-staffed facility for the transmission and/or reception of wireless telecommunications services, typically consisting of an antenna array, an equipment facility and/or a support structure. For the purposes of determining which zoning districts Wireless Communications Facilities are to be permitted they will be classified pursuant to the following types. Refer to the table in section 18.48.100(K) to determine which zones allow for the following types of facilities. TYPE I Type 1 are new antennas erected on existing buildings or non-residential structures. There are four separate Type 1 categories described as follows: i-A. The combined height of the antenna together with the height of the existing building cannot be 25% greater than the existing building or exceed the height limitation of the zoning district in which the building is located. 1-B. The combined height of the antenna together with the height of the existing building cannot be 50% greater than the existing building or exceed the height limitation of the zoning district in which the building is located in. l-C. The combined height of the antenna together with the height of the existing building is 50% greater than the existing building or exceeds the height limitation of the zoning district in which the building is located. The height limitation of the zoning district can only be exceeded by 25%. l-D. Antenna located on existing water towers, athletic ~,_or similar public utility infrastructure not located within Public street riaht of w~:-, The height limitation of the WCF will be ten percent of the existing structure height, but mav be increased maximum of twentv percent with an Administrative, ~ bu~-an~l may be increased to a maximum of thirty percent with a Conditional Use Permit. Th~ limitation of the zonina district may be ex¢~ed~ relative to the above provisions allowed for a facility. TYPE 2 Type 2 are new antennas erected on existing (primary) support structures that have previous city approvals. There are two separate type 2 categories described as follows. 2-A. must meet height requirements of previous approval and is limited to 50% total (cumulative) expansion of equipment area. 2-B. has greater height requirements of previous approval and allows for more than a 50% expansion of the equipment area. TYPE 3 Type 3 is the erection of new (primary) support structures. There are two separate type 3 categories described as follows. 3-A. IVlonopoles that are 75 feet or less in height. 3-B. Monopoles that are 75 feet or more in height or lattice towers of any height. 18.48.100 Wireless communication facilities siting standards. The following siting standards are intended to guide the location and development of Wireless Communications Facilities (WCF) as defined by section 18.04.912 but not including microcells. The siting of microcells shall be in accordance with the definition of microcells found in section 18.04.912(G). A. Separation between facilities. 1. New, free-standing primary support structures. a. The minimum separation, i.e. distance, between a proposed monopole (that is 75 feet or less in height) and any other existing primary support structure, of any height, shall be the height of the proposed monopole, including antenna, multiplied by a factor of ten. b. The minimum separation, i.e. distance, between a proposed monopole (that is more than 75 feet in height, or lattice towers of any height) and any other existing primary support structure, of any height, shall be the height of the proposed monopole, including antenna, multiplied by a factor of twenty. 2. The distance between primary support structures shall be measured by following a straight line, without regard to intervening buildings, from the base of one support structure to the base of the other support structure(s). 3. A primary support structure would be considered "existing" if a Conditional Use Permit or Administrative Use Permit has been issued and is still valid for sites which haven't been built upon. B. Co-location requirements. 1. For monopoles that are more than 75 feet in height and lattice towers of any height ('TvDe 3-B facilities~, the owner of the property shall execute ~ evidence of a non-exclusive lease with the carrier that allows for other carriers to place antenna on the structure. 2. Any aDr~lication for a Tyne 3-B facility shall includ,-, technical iustification that an existina TvDe 3~ facility with a non-exclusive lease could not be used instead of constructinq a new tower. C. Height. 1. Unless otherwise provided for, the height of any primary support structure and/or antenna shall not exceed the height limitations of the zoning district. 2. The maximum height of any primary support structure shall not exceed 120 feet. 3. There shall be no variances allowed to the height limitations. 4. The carrier shall provide evidence that the Federal Aviation Administration (FAA) has approved the location of a primary support structure relative to the Auburn Municipal Airport. 5. Unless otherwise restricted by this ordinance, building or structure mounted antenna may extend a maximum of feet above the maximum height permitted for structures within the zone. 6. Antenna, that are mounted on structures that do not otherwise have a height restriction, may be allowed to increase the overall height of the structure by no more than :[0% of the height of the structure unless additional approvals are obtained. D. Setbacks. All equipment shelters, cabinets, support structures or other above-ground facilities shall meet the setback requirements of the zone in which Iocated~ follows. All eouipment shelters, cabinets, or 01;her above-oround facilities used to suooort primary SUDDort structures shall setback the same distance reouired of the primary support structure. All eauiDment shelters, cabinets, or other above-arou.~ facilities within a nonresidential zone shall he setback a minimum of 50 feel; from any adiacenl; "R" zone. 2. The minimum distance from any Primary SUDD0rf structure, of any heinht, to any residentially zoned parcel of property shall be a distance eoual overall heiclht of the primary SUDDOrt structure, (includincl antennas~ multiplied bv a factor of 2. ..... ' ~ ...... t~.- t~-- 3. Where possible, roof-mounted antenna and equipment shelters and/or cabinets are to be placed towards the center of the building, or away from public views. Equipment shelters and/or cabinets shall be screened by a parapet or similar architectural feature. E. Fencing and landscaping. Fencing. a. Fencing is required to enclose all above-ground support equipment that is associated with primary support structures. Fencing will be 100 percent sight-obscuring as defined in ACC Section 18.48.020(C)(2), if visible from public right-of-way or less intense zoning district. 2 Equipment shelters and/or cabinets shall be enclosed by fencing a minimum of six feet in height. 2. Landscaping. a. Where above-ground support equipment is visible from public right-of-way, a minimum width of five feet of Type IT landscaping as defined in ACC Section 18.50.040 will be provided on the exterior of the enclosing fence in order to effectively screen the equipment from the public right-of-way. b. Where facilities are visible from adjacent residential uses, a minimum width of five feet of Type ! landscaping as defined in ACC Section 18.50.040 will be provided on the exterior of the enclosing fence in order to effectively screen the equipment from the adjacent residential uses. c. Existing on-site vegetation may be used to meet the landscape requirements if approved by the Planning Director. F. Aesthetics. 1. In order to minimize any potential, negative aesthetic impacts from new primary support structures including Drotectinq views to and from residential nei hb rho ds, mitigation may be required to blend the facilities in with the adjacent development'or environs. Typical solutions for the support structure might include: an extension of the building; a component of a sign structure; disguising the facility as a tree; planting of tall trees*e~jt~-~n~e-i~, movina the location of the facility, painting or texturing the'facility; etc. 2. Building or roof-mounted antenna will be painted or textured to "blend" with the adjacent surfaces. 3. No lettering, symbols, images or trademarks large enough to be legible to occupants of vehicular traffic on any adjacent street shall be placed on or affixed to any part of the WCF, unless required by the FCC or FAA. 4. Except as specifically required by the FAA(but must be approved by the City), free-standing primary support structures shall be painted a color that best allows it to blend into the surroundings. The use of grays, blues and greens might be appropriate; however, each application shall be evaluated individually. G. Lighting. 1. Free-standing, support structures shall not be artificially lighted, unless required by the FAA or other applicable authority. Any proposed lighting shall be submitted at the 3 time of the initial application. Any lighting must be reviewed and approved by the City. 2. Security lighting used to light the equipment facility shall be directed downward, shielded and kept within the boundaries of the site. H. Abandoned facilities. 1. Any WCF which is not utilized for a period of or more will be considered "abandoned". 2. Any WCF which falls into a state of disrepair as determined by the Planning Director will be considered "abandoned". 3. Any WCF considered to be "abandoned" must be removed completely within ninety (90) days from the date of notification by the City's code enforcement personnel. The Code Enforcement personnel may extend the 90-day period should a valid application for use of the facility be submitted to the City. I. Noise 1. For the purposes of this section WCF will be considered a Class B, Commercial, noise source pursuant to the J Washington Administrative Code, section WAC 173-60- O40. 5. Supplemental information required for applications. In addition to the information that is otherwise required for an application for a permit for a WCF, the following is also required: 1. For a new primary support structure and related equipment, the applicant shall provide the carrier's Master Network Plan for the City showing the carrier's existing WCF locations and narrative explaining the potential WCF locations over the next year, if known. Th~ shall also orovide technical Justifica-~on suooortin~ the need for the heioht of the primary suoport structure and why a shorter suooort structure could not be utilized. Any aoolication for a Tvoe facility shall provide technical Justification as to wh-- a Tvoe "3A" facility could not be utilized instead tO adeouatelv serve the Auburn Community 2. Narrative description of the facility including whether there is capacity of the proposed structure for more antennas, methods for minimizing visual impacts of the facilities, etc. 3.A color swatch for the proposed primary support structure. 4. Photographs or similar illustrations that show a reasonable likeness of the proposed facility including the antenna arrays and above ground support equipment. 4 K. Zoning districts in which WCF are permitted. The following table illustrates which zoning districts the types of facilities, as defined by section 18.04.912(_1), are allowed in and which permits are required. Microcells, as defined by 18.04.912{G), are allowed only in residential zones and shall be permitted outright pursuant to the provisions of section 18.04.912(G). Type of permit required Zoning Permitted Administrative use Conditional use district outright permit permit All Zones 1-D 1-D1 i_D2 RO-H i-A I-B 1-C CN 1-A 1-B 1-C 01~ LHCl 1-A 1-B 1-0 C2 1-A 1-B 1-C 03 1-B~2-A 1-0~ 2-B~ 3-A 3-B M1 1-B~2-A 1-0~ 2-B~ 3-A 3-B M2 1-B~2-A 1-C~2-B~ 3-A 3-B Pi~ LHP1 1-B~2-A 1-C~ 2-B~ -3--A 3-A3 3 ~ Ir LHI 1-A 1-B 1-C LF 1-A 1-B 1-0 ~ allowance for the WCF to extend to a height of 20 percent of the supporting structure. 2 allowance for the WCF to extend to a height of 30 percent of the supporting structure, 3 The maximum heioht allowed, includlnQ antennas, is 45 feet. L. Exemptions 1. Unless otherwise provided for, the following are exempt from the provisions of section 18.48.100. a. Microcells as defined by section 18.04.912(G). b. Mobile testing facilities/equipment used to test network limitations. The facilities/equipment shall not be at any one location for more than 14 days and shall otherwise meet the requirements of any other ordinance, regulation or code provision. 2. The following is exempt from the provisions of 18.48.100(A) Separation: a. Emergency communication systems operated by a local public agency responsible for providing emergency services. 5