HomeMy WebLinkAbout09-10-2012 Agenda Packet
Planning and Community Development
September 10, 2012 - 5:00 PM
Annex Conference Room 2
AGENDA
I.CALL TO ORDER
A.Roll Call
B.Announcements
C.Agenda Modifications
II.CONSENT AGENDA
A. PCDC Draft August 27, 2012 Minutes* (Snyder)
III.DISCUSSION ITEMS
A. Wireless Facilities Regulations Update* (Taylor)
Discuss the possibility of developing regulations to address aesthetic design issues
for wireless communication facilities.
B. 2012 Comprehensive Plan Process Update* (Dixon)
Provide a status update on the 2012 Comprehensive Plan Aamendment process.
C. Manufacturing Village Concept* (Dixon/Snyder)
Conduct a brainstorming session with the Committee on key elements and ideas
for the Manufacturing Village concept previously discussed by the City Council
during its May 2012 retreat and planned for future inclusion in the City's
Comprehensive Plan.
D. Director's Report (Snyder)
E. PCDC Status Matrix* (Snyder)
IV.ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
PCDC Draft August 27, 2012 Minutes
Date:
August 31, 2012
Department:
Planning and Development
Attachments:
PCDC Draft Minutes - 8/10/12
Budget Impact:
$0
Administrative Recommendation:
For information only, see attached minutes.
Background Summary:
Reviewed by Council Committees:
Councilmember:Backus Staff:Snyder
Meeting Date:September 10, 2012 Item Number:CA.A
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Planning and Community
Development
August 27, 2012 - 5:00 PM
Annex Conference Room 2
MINUTES
I. CALL TO ORDER
Chair Nancy Backus called the meeting to order at 5:00 p.m. in Annex
Conference Room 2 located on the second floor of the One Main
Professional Plaza, One East Main Street, Auburn, Washington.
A. Roll Call
Chair Nancy Backus, Vice-Chair Partridge and Member John Holman
were present. Also present were Mayor Pete Lewis; Planning and
Development Director Kevin Snyder; Parks, Arts and Recreation
Director Daryl Faber; Engineering Aid Amber Mund; Project Engineer
Ryan Vondrak; Public Works Director Dennis Dowdy; Assistant City
Attorney Steven Gross, Senior Planner Hillary Taylor; Traffic Engineer
Pablo Para; Planning Manager Elizabeth Chamberlain; Economic
Development Manager Doug Lein; and Planning Secretary Tina Kriss.
Members of the public were: Scot Pondelick, Robert Whale of the
Auburn Reporter, and Henry DeHoog of Home Plate Pub.
B. Announcements
There were no announcements.
C. Agenda Modifications
There were no agenda modifications.
II. CONSENT AGENDA
A. Minutes - August 13, 2012 (Snyder)
Vice-Chair Partridge moved and Member Holman seconded to
approve the July 23, 2012 minutes as written.
Motion Carried Unanimously. 3-0
III. ACTION
A. Resolution No. 4838 (Dowdy)
A Resolution of the City Council of the City of Auburn, Washington,
Setting the Time and Date for a Public Hearing Before the City Council
on the 2013-2018 Transportation Improvement Program (TIP) Page 1 of 6
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Public Works Director Dennis Dowdy explained the 2013-2018
Transportation Improvement Program has been reviewed by
several committees and all final amendments and edits have been
submitted to Public Works Committee and were accepted as
proposed. Staff is requesting at this time approval of Resolution No.
4838 to set the public hearing on the 2013 - 2018 Transportation
Improvement Program (TIP).
Vice-Chair Partridge moved and Member Holman seconded to move
Resolution No. 4838, setting a public hearing to amend the 2013-2018
Transportation Improvement Program (TIP) to full City Council for
approval.
Motion Carried Unanimously. 3-0
B. Resolution No. 4839 (Dowdy/Para)
A Resolution of the City Council of the City of Auburn, Washington,
Approving the 2013-2018 Transportation Improvement Program of the
City of Auburn Pursuant to R.C.W. Chapter 35.77 of the Laws of the
State of Washington
Public Works Director Dennis Dowdy stated Resolution No. 4839, if
adopted at City Council, would approve the City’s 2013 – 2018
Transportation Improvement Program (TIP) of the City of Auburn
pursuant to R.C.W. Chapter 35.77.
The Public Works Committee is asking Planning and Community
Development Committee to move forward Resolution No. 4839 to full
City Council for review and approval.
Committee and staff discussed funding sources. Director Dowdy
stated the primary source of funding is City impact fees and various
grants with the majority of funding coming from grants; the challenge
will be matching the grants funds.
Committee was supportive of the final TIP.
Vice-Chair Partridge moved and Member Holman seconded to
move Resolution No. 4839 to full City Council for approval.
Motion Carried Unanimously. 3-0
IV. DISCUSSION ITEMS
A. Park Impact Fee Discussion (Faber)
Discuss potential establishment of a separate multi-family Park Impact
Fee
Parks, Arts and Recreation Director Daryl Faber explained the current
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park impact fee program does not distinguish between single-family
and multi-family for the application of park impact fees and as such,
the same fee is applied to both residential types. Some jurisdictions
have a two tier program and one jurisdiction has a three tier
program which includes a downtown multifamily fee.
The primary reason for establishing a single-family and multi-family fee
schedule is to recognize the density difference in persons per
household for single-family and multi-family residential units and
specify fees that are proportionate to this difference. For example, the
study conducted by the City in 2006 identified an adjusted persons per
household of 2.489 for single family and 2.067 persons per household
for multi-family. However, local governments are not obligated to
delineate between single-family and multi-family in the implementation
of a park impact fee program. The Auburn City Council in 2006 chose
to adopt one rate (i.e. $3,500) to be applied to new single-family and
multi-family units.
Director Snyder stated staff is currently working with the Parks
department on the park improvement plan to bring forward in early
2013 for discussion. It may be beneficial to have any discussions on
park impact fee changes prior to that discussion. Committee
concurred, a discussion should take place, especially for any potential
changes to the downtown area, prior to adopting any park
improvement plan.
Committee requested staff provide fees charged by our neighboring
cities and also provide recommendations for fees from staff.
B. Right-of-Way Use Permit No. 12-21 (Mund)
Discuss Right-of-Way Use Permit No. 12-21 for Home Plate Pub
Outdoor Seating Area
Engineering Aide Amber Mund stated Right-of-Way Use Permit No.
12-21 is a request from Home Plate Pub for an outdoor seating area
located in the B Street Plaza, adjacent to the Home Plate Pub for a
term of 5 years. The applicant is proposing to fence off an area of the
B Street Plaza for exclusive use by their patrons year round. Food and
beverages, including alcohol, would be served and consumed in this
area.
In answering if the boundaries would change for smoking, City
Attorney Steve Gross explained state law requires and the Seattle
King County Health Department state Smoking is prohibited within a
minimum distance of twenty-five feet from entrances and exits. The
remodel would move the smoking boundary out 25 feet from the
external boundary of the seating area. This would be a no smoking
seating area.
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Engineering Aide Mund stated the structure will be approved by the
City prior to installation. City Attorney Gross stated the conditions of
the approval would have termination clauses built in and include public
nuisances. Director Snyder emphasized that all of these are conditions
that will be enforceable.
Mr. DeHoog stated he currently leases space and if the project is
approved by the City a letter from the property owner would be
submitted with the application for improvements. He added, the cost of
the project will be expensive so without a five (5) year approval it
would not be cost effective to move forward.
Committee was supportive of having a pedestrian friendly open
outdoor atmosphere where people can gather downtown after 5:00
p.m.
C. Agritourism Code Discussion (Taylor)
Discuss the potential expansion of the agritourism zoning regulations
into additional areas zoned Residential Conservancy
Senior Planner Hillary Taylor explained the proposed amendment to
allow agricultural enterprises was initiated by a private individual to
allow the uses on properties owned by the individual. Due to the
nature of a privately initiated amendment the discussion regarding the
expansion of the proposal to smaller lots was not pursued at the time
the ordinance was adopted. Staff is bringing forward the proposal to
discuss the merits of permitting agricultural enterprises to be permitted
on properties located along a collector roadway that are five acres or
more located within the RC zone.
Committee and staff reviewed the map of properties within the zone
and are supportive of future code changes to allow the expansion of
agricultural enterprises to smaller lots within the RC zone that are five
acres or more and believes this would be reflective of the City’s desire
to promote green agriculture and encourage diversity within the City.
Staff will prepare additional ideas and proposals for potential code
changes to bring back to Committee for discussion.
D. Pedestrian Kiosk Conceptual Design - Final Draft
(Vondrak/Chamberlain)
Review and discuss final version of the pedestrian kiosk design
Director Snyder began the discussion with asking the Committee if
they were still supportive of the pedestrian kiosk project and design.
The Committee responded yes and that the design reflects the crisp
and contemporary theme we have for downtown.
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Planning Manager Elizabeth Chamberlain stated the purpose of the
project is to design pedestrian kiosks at up to 9 locations within the
Downtown area and construct as many as the budget will allow. Staff
has presented draft conceptual designs to the PCDC Committee at
previous meetings and would like feedback on the final design. The
final draft of the pedestrian kiosk incorporates previous input and
comments from the Committee. The attached map shows three
locations (in pink) two of which are required pursuant to the federal
grant and at the third location the foundation was already constructed
as part of the Promenade.
Committee and staff reviewed the design and Committee is supportive
of moving forward. Committee emphasized constructing the kiosks in
the downtown area will be consistent with the City’s goal to provide a
more pedestrian friendly walkable community. Planning Manager
Chamberlain stated there will be one more internal review before
going out to bid. Staff will proceed with this project per the
concurrence of Committee.
E. Director's Report (Snyder)
Planning Director Snyder stated there were 40 residential building
permit applications this week. Staff has received the plans and is
working on the review for the Outlet Collection of Seattle. A demolition
permit has been issued and work has started on site. the laundry
facility will be finalized shortly. Interviews have begun to fill the City
Building Official position currently open.
Planning Manager Chamberlain stated on September 10th
construction will begin on the outdoor sculpture gardens bases in
various locations downtown. On September 11th the Auburn Arts
Commission will be meeting to begin the review process to select the
art pieces to be displayed.
F. PCDC Status Matrix (Snyder)
Staff informed Committee the September 10th, Downtown Parking
Management Plan discussion will be changed to September 24th,
2012. Committee had no changes or additions.
V. ADJOURNMENT
There being no further business to come before the Planning and
Community Development Committee, the meeting was adjourned at 6:30
p.m.
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APPROVED THIS ____________ day of ___________________, 2012.
________________________________
Nancy Backus - Chair
________________________________
Tina Kriss - Planning Secretary
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Wireless Facilities Regulations Update
Date:
September 5, 2012
Department:
Planning and Development
Attachments:
Memorandum
Attachment A
Attachment B
Attachment C
Attachment D
Attachment E
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
See attached memorandum.
Reviewed by Council Committees:
Planning And Community Development
Councilmember:Backus Staff:Taylor
Meeting Date:September 10, 2012 Item Number:DI.A
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Page 1 of 3
Memorandum
To: Councilmember Nancy Backus, Chair, Planning and Community Development
Committee
Councilmember John Partridge, Vice-Chair, Planning and Community
Development Committee
Councilmember John Holman, Planning and Community Development Committee
From: Hillary Taylor, Senior Planner
CC: Kevin Snyder, AICP, Planning and Development Director
Date: September 4, 2012
Re: Proposal to update the existing regulations regarding wireless utilities and to create
regulations regarding the aesthetic controls of wireless utilities
Background
The Planning and Community Development Committee previously briefly discussed cell
towers and potential regulatory methods to address aesthetic design issues associated with
these towers. The City’s wireless communiation facilities regulations were last substantially
amended in March 2002 (Ordinance No. 5645) [Attachment A].
Context
Wireless regulations from the Cities of Federal Way, Sumner, and Kent are included as
Attachments B, C, and D. These communities have regulations in place to govern the
aesthetic design of wireless utilities that are similar in nature to the regulations in the Auburn
City Code which generally require height limitations, landscaping provisions, setback
requirements and co-location requirements.
Landscaping
regulations
Setback requirements Co-location
requirements
City of Federal
Way
YES – screening
ground equipment
YES – varies by zone YES
City of Sumner YES - maintenance
of existing vegetation
plus specific
YES – varies by zone YES
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requirements by zone
City of Kent YES – screening the
ground equipment
YES – varies by zone YES
City of Auburn YES – screening of
ground equipment
YES – varies by zone
plus additional setback
if adjacent to residential
zone for new support
structures
YES
ACC 18.31.100.F (Wireless communications facilities siting standards) currently addresses
potential aesthetic design impacts by specifying the following :
1) “In order to minimize any potential, negative aesthetic impacts from new primary support
structures including protecting views to and from residential neighborhoods, 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, moving the location
of the facility, painting or texturing the facility, etc.
2) Building or roof-mounted antennas 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 place on or affixed to any part of the
wireless communication facility, unless required by the FCC or FAA.
4) Except as specifically required by the FAA (but must be approved by the city), freestanding
primary support structures shall be painted a color that best allows them to blend into the
surroundings. The use of grays, blues and greens might be appropriate; however, each
application shall be evaluated individually.”
The City of Sammasish has more explicitly addressed aesthetic design issues in its
regulations (Attachment E). The City of Sammamish specifies requirements for “concealed
antennas” that direct the antennas to
“reflect the visual characteristics of the structure to which they are attached and shall be
designed to architecturally match the façade, roof, wall, or structure on which they are affixed
so that they blend with the existing structural design, color, and texture. This shall include the
use of colors and materials, as appropriate.When located on structures such as buildings or
water towers, the placement of the antennas on the structure shall reflect the following order
of priority in order to minimize visual impact:
(i) A location as close as possible to the center of the structure; and
(ii) Along the outer edges or side-mounted; provided, that in this instance, additional
means such as screens should be considered and may be required by the
department on a case-by-case basis; and
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Page 3 of 3
(iii) When located on the outer edge or side-mounted, be placed on the portion of the
structure less likely to be seen from the adjacent lands containing, in descending
order of priority; existing residences, public parks and open spaces, and public
roadways.”
Discussion
Within the wireless utility industry the equipment, terminology and customer needs have
changed, and an update to the wireless utility code sections of the Auburn City Code could
either incorporate new aesthetic design regulating provisions, just update terminology, or both.
The terminology update may allow staff to better communicate the needs of the City to
wireless utility providers seeking to improve their services. If there is concurrence by the
committee then staff can begin an update to the existing wireless utility regulations of the
Auburn City Code to better reflect current equipment and terminology and to better regulate
the aesthetics of wireless utilities to protect neighboring property values. Staff would plan to
coordinate with industry representatives on any proposed regulations.
Questions
Staff has prepared the following questions to assist the Committee in its discussion:
1) Should staff prepare draft updated regulations addressing aesthetic design issues and
bring to the Planning Commission for legislative review and recommendation
development?
2) Should staff mandate or incentivize aesthetic design controls? In the case of the incentive
approach, the provider could obtain greater flexibility from the City if it voluntarily pursued
aesthetic design for its project.
3) What other questions or information would the Committee like regarding this issue?
Attachments:
Attachment A – Regulations from the City of Auburn
Attachment B – Regulations from City of Federal Way
Attachment C – Regulations from City of Sumner
Attachment D – Regulations from City of Kent
Attachment E – Regulations from City of Sammamish
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Chapter 18.37
WIRELESS COMMUNICATION FACILITIES
Sections:
18.37.010 Purpose.
18.37.015 Wireless communication facilities – Interchange commercial zones (IC).
18.37.020 Wireless communication facilities – LDR, MDR, HDR, RP, CBD, MUD and
NC zones.
18.37.030 Wireless communication facilities in GC, M-1, M-2, UV and AG zones.
18.37.040 Performance standards.
18.37.010 Purpose.
The purpose of this chapter is to provide for a wide range of locations and options for
wireless communication providers and users while minimizing the visually obtrusive
characteristics associated with wireless communication facilities, and to encourage
creative approaches in location, construction and treatment of such facilities in a manner
which reduces the associated adverse visual and aesthetic impacts on the community in
compliance with state and federal law. (Ord. 1830 § 26 (part), 1998)
18.37.015 Wireless communication facilities – Interchange commercial zones (IC).
Wireless communication facilities permitted as principal or accessory uses in the
interchange commercial zone (IC) are subject to the provisions of this chapter and the
requirements set forth for the general commercial (GC) zone. (Ord. 2040 § 6, 2003)
18.37.020 Wireless communication facilities – LDR, MDR, HDR, RP, CBD, MUD and
NC zones.
Wireless communication facilities are permitted as principal or accessory uses in LDR- 6,
LDR-7.2, LDR-8.5, LDR-12, MDR, HDR, RP, CBD, MUD and NC zones subject to the
provisions of this chapter and the following requirements:
A. Accessory antenna devices, parabolic antennas two feet in diameter or less, omni-
directional antennas less than eight feet in length, directional antennas five feet or less in
height with a combined surface area of not more than 580 square inches as viewed from
any one point, and stealth antennas are permitted subject to the performance standards
set forth in SMC 18.37.040 and subject to meeting the following criteria:
1. The antenna is attached to an existing structure; and
2. The antenna does not extend more than 15 feet above the top of the structure.
B. Freestanding parabolic antennas greater than two feet in diameter and associated
support structure are allowed subject to the performance standards set forth in SMC
18.37.040 and subject to meeting the following criteria:
1. The antenna and associated support structure are not located within any required
landscaped setbacks, front or side yard setback, or in the area located between the
front setback line and the front of the building; and
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2. The antenna and associated support structure does not extend more than 15 feet
above the adjoining grade.
C. Attached or freestanding antennas and associated support structures which are not
specifically permitted under subsection (A) or (B) of this section or which exceed the
associated criteria shall comply with the following requirements:
1. The antenna and support structure shall be subject to the maximum building
height for the corresponding zone in which it is located as set forth in SMC
18.12.070(G) for low density residential zoned property, SMC 18.14.070(G) for
medium density residential and high density residential zoned property and SMC
18.16.070(11) for central business district and neighborhood commercial zoned
property; said height restrictions shall not be subject to granting of a variance;
2. The antenna and associated support structure shall not be located within any
required landscaped setback, front or side yard setback, or in the area located
between the front setback line and the front of the building;
3. The antenna and associated structure shall comply with required building
setbacks and shall be set back from the required side yard setback an additional
one foot for each foot of height over 10 feet;
4. The antenna and associate structure shall comply with the performance
standards set forth in SMC 18.37.040; and
5. No more than one freestanding support structure shall be permitted per lot. (Ord.
2147 § 15, 2005: Ord. 1830 § 26 (part), 1998)
18.37.030 Wireless communication facilities in GC, M-1, M-2, UV and AG zones.
Wireless communication facilities permitted as principal or accessory uses are subject to
the provisions of this chapter and the following requirements:
A. Wireless Communication Facilities as an Accessory Use in GC, M-1, M-2, UV and AG
Zones. The following facilities are permitted as accessory uses in general commercial
(GC), light manufacturing (M-1), heavy manufacturing (M-2) and agricultural district (AG)
zones subject to compliance with the performance standards set forth in SMC 18.37.040
and the following requirements:
1. Accessory antenna devices, parabolic antennas two feet in diameter or less,
omni-directional antennas less than eight feet in length, directional antennas five
feet or less in height with a combined surface area of not more than 580 square
inches as viewed from any one point, and stealth antennas, and not extending more
than 15 feet above the roof surface of the structure;
2. Attached parabolic antennas greater than two feet in diameter, omni-directional
antennas greater than eight feet in length, and directional antennas greater than five
feet in height with a combined surface area of more than 580 square inches as
viewed from any one point shall also comply with the following requirements:
a. The antenna and associated support structure shall be set back two feet
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from any exterior building wall for every one foot of height measured from the
surface of the roof, except when incorporated as an architectural feature of the
building or screened from view from any public right-of-way or residential zone;
3. Freestanding parabolic antennas and associated support structures shall be
subject to the following criteria:
a. The antenna and associated support structure are not located within any
required landscaping, front or side yard setback, or in the area located between
the front setback line and the front of the building.
b. The antenna and associated support structure does not extend more than 15
feet above the adjoining grade.
c. The antenna and associated support structure is screened from view from
any public right-of-way or residential zone in accordance with the screening
requirements for exterior mechanical devices set forth in SMC 18.16.080(A) for
general commercial zoned property and SMC 18.18.060(A) for light
manufacturing (M-1) and heavy manufacturing (M-2) zoned property.
Agricultural district (AG) zoned property shall conform to the screening
requirements for exterior mechanical devices set forth in SMC 18.18.060(A).
B. Wireless Communication Facilities as a Permitted Use in a GC, M-1, M-2 and AG
Zones. The following facilities are permitted as a primary use in a general commercial
(GC), light manufacturing (M-1), heavy manufacturing (M-2) and agricultural district (AG)
zone subject to compliance with the performance standards set forth in SMC 18.37.040
and the following requirements:
1. Attached accessory antenna devices, parabolic antennas two feet or less in
diameter, omni-directional antennas eight feet or less in length, and directional
antennas five feet or less in height with a combined surface area not more than 580
square inches as viewed from any point, and stealth antennas, and not extending
more than 15 feet above the roof surface of the structure.
2. Attached parabolic antennas greater than two feet in diameter, omni-directional
antennas greater than eight feet in length, directional antennas greater than five feet
in height with a combined surface area of more than 580 square inches as viewed
from any one point, and stealth antennas shall also comply with the following
requirements:
a. The antenna and associated support structure shall be set back two feet
from any exterior building wall for every one foot of height measured from the
surface of the roof, except when incorporated as an architectural feature of the
building or screened from view from any public right-of-way or residential zone.
3. Freestanding antennas and associated support structures shall be subject to the
following criteria:
a. The antenna and associated support structure are not located within any
required landscaping, front or side yard setback, or in the area located between
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the front setback line and the front of the building.
b. The antenna and associated support structure complies with the maximum
building height provisions and corresponding setback for structures in the
applicable zone, except as follows:
i. If associated support structure can be screened from view from public
rights-of-way and residential zones by existing buildings or vegetation as
determined by the community development director, the corresponding
setback may be reduced; or
ii. If in compliance with performance standards of SMC 18.37.040 an
antenna may extend to a height of 120 feet unless the property is in a
general commercial zone abutting Main Street or Traffic Avenue or the
antenna is in a light manufacturing (M-1) or heavy manufacturing (M-2)
zone, which is located west of SR-167 or less than 1,000 feet from any
residentially zoned parcel.
c. The equipment shelter or cabinet is screened from view from any public right-of-
way or residential zone in accordance with the screening requirements for exterior
mechanical devices set forth in SMC 18.16.080(A) for general commercial and SMC
18.18.060(A) for light manufacturing (M-1) and heavy manufacturing (M-2) zones.
Screening requirements for the agricultural district (AG) zone shall adhere to the
standards set forth in SMC 18.18.060(A) for light manufacturing (M-1) and heavy
manufacturing (M-2) zones.
C. Wireless Communication Facilities as a Conditional Use in a GC, M-1, M-2 and AG
Zones. Freestanding antennas and associated support structures which exceed a height
of 120 feet, are in a general commercial (GC) zone abutting Traffic Avenue or Main
Street, encroach within required setbacks except as permitted in SMC 18.32.030(C), are
in a light manufacturing (M-1) or heavy manufacturing (M-2) zone which is located west
of SR-167 or less than 1,000 feet from residentially zoned parcel, or are not able to
comply with one or more of the performance standards set forth in SMC 18.37.040 are
only allowed upon issuance of a valid conditional use permit pursuant to chapter 18.48
SMC. (Ord. 1830 § 26 (part), 1998)
18.37.040 Performance standards.
The following special requirements and performance standards shall apply to any
wireless communication structure or facility:
A. Wireless Communication Facility Preference. Proposed antennas, associated
structures and placement shall be evaluated, based on available technologies, for
approval and use in the following order of preference:
1. Stealth antennas.
2. Attached wireless communication facilities, only when subsection (A)(1) cannot
be reasonably accomplished.
3. Co-location wireless communication facilities, only when subsection (A)(1) or (2)
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cannot be reasonably accomplished.
4. Freestanding wireless communication facilities which extend no more than 15 feet
above adjacent existing vegetation or structures, only when subsections (A)(1), (2)
or (3) cannot be reasonably accomplished.
5. Freestanding wireless communication facilities which extend more than 15 feet
above adjacent existing vegetation or structures, only when subsections (A)(1)
through (4) cannot be reasonably accomplished.
If the applicant chooses to construct a new freestanding wireless communication facility,
the burden of proof shall be on the applicant to show a wireless communication facility of
a higher order of preference cannot reasonably be accommodated on the same or other
properties. The city reserves the right to retain a qualified consultant, at the applicant’s
expense, to review the supporting documentation for accuracy.
B. Co-location. Shared use of support structures and other associated wireless
communication facilities by multiple parties is encouraged. Prior to city approval of any
new freestanding transmission tower:
1. The applicant shall provide proof of inability to locate on existing towers in the
immediate vicinity due to the following:
a. Refusal of the tower owner to provide space at a fair rate of compensation;
or
b. The existing tower location or configuration is incompatible with the
applicant’s system.
2. The applicant shall provide proof of notification and an offer of co-location
opportunities to other service providers. As a condition of city approval of any new
freestanding transmission towers, the applicant shall comply with the following
requirements:
a. The applicant shall agree to sign and record with Pierce County auditor’s
office a legally binding agreement limiting any co-location costs assessed to
other carriers to a pro rata share of the ground lease, site acquisition cost,
design, capital costs for construction of the tower including associated
permitting costs, and reasonable maintenance, repair and replacement costs.
b. Co-location shall not result in an initial tower height greater than the
minimum necessary.
c. Co-location shall be achieved either through the extension of the tower or by
placing equipment at a lower level.
d. The applicant shall notify other wireless communication providers that a
tower is being proposed and is available for co-location.
C. State and Federal Pre-emption. Federal law prohibits consideration of environmental
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effects of radio frequency emissions to the extent that the proposed facilities comply with
the Federal Communications Commission regulations concerning emissions. All other
city regulations shall apply unless specifically preempted by state or federal authority.
D. Visual Impacts. Wireless communication facilities shall be located and installed in
such a manner so as to minimize the visual impact on the skyline and surrounding area
in the following manner:
1. Antennas may not extend more than 10 feet in low density residential, high
density residential, medium density residential, central business district, and
neighborhood commercial zones, and 15 feet in all other zones, above their
supporting structure, monopole, lattice tower, building or other structure, or
surrounding vegetation.
2. Site location and development shall preserve the pre-existing character of the
surrounding buildings, land use and the zone district to the extent possible, while
maintaining the function of the communication equipment. Wireless communication
facilities shall be integrated through location, siting and design to blend in with the
existing characteristics of the site through application of the following measures:
a. Existing on-site vegetation shall be preserved insofar as possible or
improved, and disturbance of the existing topography shall be minimized,
unless such disturbance would result in less visual impact of the site to the
surrounding area.
b. Location of wireless communication facilities close to structures or vegetation
of a similar height.
c. Location of wireless communication facilities toward the center of the site,
and location of roof-mounted facilities toward the interior area of the roof, in
order to minimize view from adjacent properties and rights-of-way.
d. Location of wireless communication facilities within interior side and rear
yards.
e. Incorporation of antenna, associated support structure and equipment shelter
as a building element or architectural feature.
3. Related shelters used to house wireless communications equipment shall be
located within buildings or placed underground when possible. When they cannot be
located in buildings or placed underground, equipment shelters or cabinets shall be
screened. Alternate methods for screening may include the use of building or
parapet walls, sight-obscuring fencing and/or landscaping, screen walls or
equipment enclosures.
4. Wireless communication facilities and related equipment shelters shall be of
neutral colors such as white, gray, blue, black or green, or similar in building color in
the case of facilities incorporated as part of the features of a building, unless
specifically required to be painted another color by federal or state authority.
Wooden poles are not required to be painted.
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E. Signage. No signage, message or identification other than the manufacturer’s
identification is allowed to be portrayed on any antenna, and permitted identification shall
not exceed 10 percent of the surface area, and no signage or advertising shall be
allowed above the height of the perimeter fencing except for the manufacturer’s
identification described above.
F. Lighting and Security. Wireless communication facilities shall not be illuminated except
for security reasons or unless required by federal or state authority. Building-mounted
lighting and aerial-mounted floodlighting shall be shielded from above in such a manner
that the bottom edge of the shield shall be below the light source. Ground-mounted
floodlighting or light projecting above the horizontal plane is prohibited between midnight
and sunrise. All lighting unless required by the Federal Aviation Authority (FAA) or other
federal or state authority shall be shielded so that the direct illumination is confined to the
property boundaries of the light source.
G. Minor Modifications. Minor modifications to existing wireless communication facilities,
including the installation of additional antenna, for which a valid conditional use permit
exists may be approved by the community development director, provided it is
determined there is minimal or no change in the visual appearance and said
modifications comply with the performance standards set forth in this chapter.
H. Abandonment or Obsolescence. Any wireless communication facility shall be removed
by the facility owner or authorized agent within six months of the date it ceases to be
operational.
I. Critical Areas. A wireless communication facility shall not be located in a wetland or
wetland buffer pursuant to chapter 16.46 SMC or in a wildlife buffer pursuant to chapter
16.56 SMC. (Ord. 1830 § 26 (part), 1998)
This page of the Sumner Municipal Code is current through
Ordinance 2398, passed July 2, 2012.
Disclaimer: The City Clerk's Office has the official version of the
Sumner Municipal Code. Users should contact the City Clerk's
Office for ordinances passed subsequent to the ordinance cited
above.
City Website: http://www.ci.sumner.wa.us
City Telephone: (253) 299-5500
Code Publishing Company
eLibrary
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CITY OF KENT
15.08.035 Wireless telecommunications facilities.
A. Purpose and goals. The purpose of this section is to establish general guidelines for the siting of
wireless telecommunications facilities (WTFs), specifically including, without limitation, towers and
antennas, in light of the following goals:
1. Protecting residential areas from potential adverse impacts;
2. Enhancing the ability of the providers of wireless telecommunications services to provide
those services quickly, effectively, and efficiently;
3. Encouraging location in nonresidential areas;
4. Minimizing the total height of towers within the community;
5. Encouraging the joint use of new and existing sites;
6. Encouraging service providers to locate and configure facilities to minimize adverse impacts
through careful design, siting, landscaping, screening, and innovative camouflaging techniques;
and
7. Considering potential adverse impacts to the public health and safety from these facilities
except where preempted by other laws, rules, and regulations.
In furtherance of these goals, the city shall give due consideration to the city’s comprehensive plan,
zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of
WTFs, including towers and antennas.
B. Definitions. As used in this section only, the following terms shall have the meanings set forth below:
Abandon or abandonment means:
1. To cease operation for a period of one hundred eighty (180) or more consecutive calendar
days; or
2. To reduce the effective radiated power of an antenna by seventy-five (75) percent for one
hundred eighty (180) or more consecutive calendar days unless new technology or the
construction of additional cells in the same locality allows reduction of effective radiated power
by more than seventy-five (75) percent, so long as the operator still serves essentially the same
customer base.
Antenna means any exterior transmitting or receiving device used in communications that radiates or
captures electromagnetic waves.
DI.A Page 26 of 71
Backhaul network means the lines that connect a provider’s WTFs/towers/cell sites to one (1) or more
cellular telephone switching offices, and/or long distance providers, or the public switched telephone
network.
Camouflage means to disguise, hide, or integrate with an existing or proposed structure or with the
natural environment so as to be significantly screened from view.
Co-locate means use of a WTF by more than one (1) service provider.
COW means cell on wheels or Cellular on Wheels.
EIA means Electronic Industries Association.
FAA means the Federal Aviation Administration.
FCC means the Federal Communications Commission.
Guyed tower means a wireless communication support structure which is typically over one hundred
(100) feet tall and is steadied by wire guys in a radial pattern around the tower.
Height means, when referring to a tower or other WTF, the distance measured from the finished grade of
the parcel at the base of the WTF to the highest point on the tower or other WTF, including the base pad
and any antennas.
Lattice tower means a support structure which consists of a network of crossed metal braces, forming a
tower which is usually triangular or square in cross-section.
Monopole tower means a support structure which consists of a single pole sunk into the ground and/or
attached to a foundation.
Non-whip antenna means an antenna that is not a whip antenna, such as dish antennas, panel antennas,
etc.
Preexisting WTF means any WTF for which a building permit has been properly issued prior to July 7,
1997, including permitted WTFs that have not yet been constructed, so long as that permit or approval
has not expired.
Telecommunications means the transmission, between or among points specified by the user, of
information of the user’s choosing without change in the form or content of the information as sent and
received.
Telecommunications service means the offering of telecommunications for a fee directly to the public, or
to such classes of users as to be effectively available directly to the public, regardless of the facilities
used.
DI.A Page 27 of 71
Tower means any structure that is designed and constructed primarily for the purpose of supporting one
(1) or more antennas for telecommunications, telephone, radio, and similar communication purposes. The
term includes the structure, all structural supports, and all related buildings and appurtenances.
Whip antenna means an omni-directional dipole antenna of cylindrical shape that is no more than six (6)
inches in average diameter.
Wireless telecommunications facility or WTF includes “personal wireless service,” “personal wireless
service facilities,” and “facilities” as defined in Title 47, United States Code, Section 332(c)(7)(C),
including all future amendments, and also includes facilities for the transmission and reception of radio or
microwave signals used for communication, telecommunication, cellular phone personal communications
services, enhanced specialized mobile radio, and any other services licensed by the FCC, and also
includes any other unlicensed wireless services.
C. Applicability.
1. New uses. All WTF proposals made in the city, whether for new construction or for
modification of existing facilities, shall be subject to the regulations set forth in this code, except
as provided in subsection (D) of this section.
D. Exemptions. The following are exempt from the provisions of this section and are allowed in all zoning
districts.
1. Existing uses. WTFs that currently exist on July 7, 1997, or for which a valid building permit
has been obtained and remains in effect on July 7, 1997, except this exemption does not apply
to modifications of existing facilities.
2. Industrial/scientific equipment. Industrial processing equipment and scientific or medical
equipment using frequencies regulated by the FCC.
3. Amateur radio station operators or receive-only antennas. Any tower or antenna that is under
seventy (70) feet in height and is owned and operated by a federally licensed amateur radio
station operator or is used exclusively for receive-only antennas.
4. Home satellite services. Satellite dish antennas less than two (2) meters in diameter, including
direct-to-home satellite services, when used as a secondary use of the property.
5. COW. A COW or other temporary WTF, but its use anywhere in the city cannot exceed thirty
(30) days, unless extended by permit issued by the planning manager or unless the city has
declared an area-wide emergency.
6. Public safety WTFs and equipment. Public safety WTFs and equipment, including, but not
limited to, the regional 911 system.
DI.A Page 28 of 71
E. General.
1. Principal or accessory use. WTFs may be considered either principal or accessory uses. A
different use of an existing structure on the same lot shall not preclude the installation of WTFs
on that lot.
2. Not essential services. WTFs shall be regulated and permitted pursuant to this section and
shall not be regulated or permitted as essential public services.
F. General requirements.
1. Siting. Anyone who applies to construct a WTF or to modify or add to an existing WTF shall
demonstrate to the city’s satisfaction that the proposed facility is located at the least obtrusive
and the most appropriate available site to function in the applicant’s grid system.
2. FCC licensing. The city will only process WTF permit applications upon a satisfactory showing
of proof that the applicant is an FCC licensed telecommunications provider or that the applicant
has agreements with an FCC licensed telecommunications provider for use or lease of the
facility.
3. Compliance with other laws. Applicants must show, to the satisfaction of the planning
manager, compliance with current FCC and FAA rules and regulations and all other applicable
federal, state, and local laws, rules, and regulations.
4. Lot size. For purposes of determining whether the installation of WTFs complies with district
development regulations including, but not limited to, setback requirements, lot-coverage
requirements, and other requirements, the dimensions of the entire lot shall control, even though
the WTFs may be located on leased parcels within that lot.
5. Height. Unless further restricted or expanded elsewhere in this section, no WTFs may exceed
the following height and usage criteria:
a. For a single user, up to ninety (90) feet in height; and
b. For two (2) or more users, up to one hundred twenty (120) feet in height.
6. Security fencing. WTFs shall be enclosed, where appropriate, by security fencing not less
than six (6) feet in height; provided however, that the planning manager or, where applicable, the
hearing examiner may waive these requirements, as appropriate.
7. Landscaping. WTFs shall be landscaped with a buffer of plant materials that effectively
screens the view of the WTF compound; provided, however, that the planning manager or,
where applicable, the hearing examiner may waive these requirements if the goals of this section
would be better served.
DI.A Page 29 of 71
8. WTFs mounted on structures or rooftops. WTFs mounted on existing structures or rooftops
shall be designed and located so as to minimize visual and aesthetic impacts to the adjoining
land uses and structures and shall, to the greatest extent practical, blend into the existing
environment.
9. Aesthetics. WTFs shall meet the following requirements:
a. WTFs shall be painted a neutral color so as to reduce visual obtrusiveness.
b. At a WTF site, the design of the buildings and related structures shall, to the extent
possible, use materials, colors, textures, screening, and landscaping that will blend into the
existing natural and constructed environment.
10. Lighting. Towers shall not be artificially lighted, unless required by the FAA or other
applicable authority. If lighting is required for any WTF, the lighting must cause the least
disturbance to the surrounding area.
11. Measurement. For purposes of measurement, WTF setbacks and separation distances shall
be calculated and applied irrespective of municipal and county jurisdictional boundaries.
12. Franchises, licenses, and permits. Owners and/or operators of WTFs shall certify that they
have obtained all franchises, licenses, or permits required by law for the construction and/or
operation of a wireless telecommunication system in the city and shall file a copy of all required
franchises, licenses, and permits with the planning manager.
13. Signs. No signs shall be allowed on an antenna or tower.
14. Backhaul providers. Backhaul providers shall be identified and they shall have and maintain
all necessary approvals to operate as such, including holding necessary franchises, permits, and
certificates. The method of providing backhaul, wired or wireless, shall be identified.
G. Tower requirements.
1. Tower setbacks. All towers, support structures, and accessory buildings must satisfy the
minimum setback requirements for that zoning district.
2. Support systems setbacks. All guywires, anchors, and other support structures must be
located within the buildable area of the lot and not within the front, rear, or side yard setbacks
and no closer than five (5) feet to any property line.
3. Monopole construction required. All towers will be of a tapering monopole construction;
however, the planning manager or, where applicable, the hearing examiner may allow another
type tower upon a showing that it would cause less impact to the surrounding property than a
similar monopole structure or would further the purposes and goals in this section.
DI.A Page 30 of 71
4. Inventory of existing sites. Each applicant for a tower shall provide an inventory of its existing
WTF sites that are either within the jurisdiction of the city or within one (1) mile of its borders,
including specific information about the location, height, and design of each facility.
5. EIA standards. Towers shall be constructed so as to meet or exceed the most recent EIA
standards. Prior to issuance of a building permit, the building official shall be provided with an
engineer’s certification that the tower’s design meets or exceeds those standards.
6. Site selection and height. Towers shall be located to minimize their number and height and to
minimize their visual impacts on the surrounding area in accordance with the following policies:
a. Ensure that the height of towers has the least visual impact and that the height is no
greater than necessary to achieve service area requirements and to provide for potential
co-location; and
b. Demonstrate that the owner or operator has, to the greatest extent practical, selected a
new tower site that provides the least visual impact on residential areas. This shall include
an analysis of the potential impacts from other vantage points in the area to illustrate that
the selected site and design provides the best opportunity to minimize the visual impact of
the proposed facility; and
c. Site so as to minimize being visually solitary or prominent when viewed from surrounding
areas, especially residential areas. The facility should be camouflaged to the maximum
extent feasible.
7. Co-location priority. Co-location of antennas by more than one (1) carrier on existing towers is
preferred to construction of new towers; provided, that the co-location is consistent with the
following:
a. Redesign restrictions. A tower that is modified or reconstructed to accommodate the co-
location of an additional antenna shall be of the same tower type as the existing tower, or
of a less obtrusive design (such as a monopole), if practical.
b. Height. Except as may be modified in subsection (I)(1)(a) of this section, an existing
tower may be modified or rebuilt to a taller height, not to exceed thirty (30) feet over the
tower’s existing height or one hundred twenty (120) feet, whichever is lower, to
accommodate the co-location by another provider or operator of an additional antenna
system in any district except DC, DCE, NCC, and all SR districts. This additional height
shall not require an additional distance separation.
c. Onsite relocation. A tower that is being rebuilt to accommodate the co-location of an
additional antenna may be relocated on its existing site within fifty (50) feet of its existing
location. If consistent with the purposes and goals in subsection (A) of this section, the
DI.A Page 31 of 71
planning manager or, where applicable, the hearing examiner, may permit the onsite
relocation of a tower which comes within the separation distances to residential units or
residentially zoned lands.
8. Separation distances between towers. Separation distances between towers shall be
measured between the proposed tower and preexisting towers. Measurement shall be from base
of tower to base of tower, excluding pad, footing, or foundation. The separation distances shall
be measured by drawing or following a straight line between the nearest point on the base of the
existing tower and the proposed tower base, pursuant to a site plan of the proposed tower. The
separation distances (listed in linear feet) shall be as shown in Table 1, unless the distance is
reduced by the planning manager when administratively approving a WTF or by the hearing
examiner through issuance of a conditional use permit.
Table 1
Lattice Guyed
Mono-
pole 75
feet in
height
or
greater
Mono-
pole
less
than
75
feet in
height
Lattice 5,000 5,000 1,500 750
Guyed 5,000 5,000 1,500 750
Monopole 75
feet in height or
greater
1,500 1,500 1,500 750
Monopole less
than 75 feet in
height
750 750 750 750
H. Administratively approved WTFs. The planning manager may administratively approve the uses listed
in this subsection, once each applicant has applied for and provided all necessary information required in
this code and in the city’s application form. This administrative approval is classified as a Process I
application and is subject to the requirements of Ch. 12.01 KCC.
1. Administratively approved uses. The following uses may be approved by the planning
manager after conducting an administrative review:
a. Industrial/commercial zones. Locating WTFs, including the placement of additional
buildings or other supporting equipment used in connection with WTFs, that do not exceed
DI.A Page 32 of 71
ninety (90) feet in height for a single user and one hundred twenty (120) feet in height for
two (2) or more users in the following districts: MA, M1, M1-C, M2, M3, CM-1, CM-2, GC,
and GWC.
b. Antennas on existing structures. Locating a WTF other than a tower as an accessory use
by attachment to any building or structure other than a single-family dwelling or multifamily
structure of fewer than eight (8) dwelling units in any zoning district provided:
i. The antenna does not extend more than twenty (20) feet above the highest point of
the structure if a whip antenna, or ten (10) feet above the highest point of the
structure if a non-whip antenna; and
ii. The antenna complies with all applicable building codes; and
iii. All associated equipment is placed either within the same building or in a separate
structure that matches the existing building or structure in character and materials.
c. WTFs on existing towers. Locating a WTF through co-location by attaching the antenna
to an existing tower.
d. WTFs within allowable building height. Locating WTFs, including placement of additional
buildings or other supporting equipment used in connection with the WTF in O, CC, MRG,
MRM, MRH, AG, and A-10 districts, so long as the WTF does not exceed the allowable
building height for that district.
e. COWS for greater than thirty (30) day periods. Upon a proper showing of extreme
necessity (for example, if repair or modification of an existing WTF clearly and legitimately
cannot be completed within thirty (30) days), locating a COW at a single location for more
than thirty (30) calendar days; however, purely economic convenience shall not be
considered a viable factor in making this determination.
2. Authority to waive certain requirements. In connection with this administrative approval, the
planning manager may, in order to encourage camouflaging and co-location of WTFs,
administratively waive separation distance requirements between WTFs by up to fifty (50)
percent in nonresidential zones. Additionally, the planning manager may, in order to encourage
the use of the least obtrusive type of WTF, administratively allow the reconstruction of an
existing WTF to that less obstructive use.
I. Conditional use permits. Applications for conditional use permits under this subsection shall be subject
to the procedures and requirements of KCC 15.09.030 and Ch. 12.01 KCC, except as modified by this
subsection. If the WTF is not subject to administrative approval pursuant to subsection (H) of this section,
then a conditional use permit shall be required.
DI.A Page 33 of 71
1. Conditional WTF uses. Specifically, conditional use permits shall be required for the following
WTFs:
a. Industrial/commercial zones. Locating WTFs that exceed ninety (90) feet in height for a
single user or one hundred twenty (120) feet for two (2) or more users or locating antennas
on existing structures that exceed the height limitations in subsection (H)(2)(b) of this
section in the following districts: MA, M1, M1-C, M2, M3, CM-1, CM-2, GC, and GWC.
b. Government property. Locating WTFs (1) separate from existing structures on property
owned, leased, or otherwise controlled by the city or other governmental entity or (2)
attached to existing structures on property owned, leased, or otherwise controlled by the
city or other governmental entity exceeding the height limitations in subsection (H)(2)(b) of
this section, but only on the condition that the total height of the attached WTF, including
the structure, does not exceed one hundred twenty (120) feet, unless permitted under
subsection (I)(1)(a) of this section; however, this subsection shall not apply in DC, DCE,
and NCC districts.
c. WTFs exceeding allowable building height. Locating WTFs that exceed the allowable
building height in the following districts: O, CC, MRG, MRM, MRH, AG, and A-10.
d. Tower construction under allowed separation distances. Locating towers that do not
meet the separation distance requirements in subsection (G)(8) of this section or that do
not meet administratively approved separation distance limits.
2. Factors considered in granting conditional use permits for towers. In addition to KCC
15.09.030(D), the hearing examiner shall also consider the following factors when considering a
CUP application for WTF towers:
a. Height of the proposed tower;
b. Proximity of the tower to residential structures and residential district boundaries;
c. Nature of uses on adjacent and nearby properties;
d. Surrounding topography;
e. Surrounding tree coverage and foliage;
f. Design of the tower, with particular reference to design characteristics that have the
effect of reducing or eliminating visual obtrusiveness;
g. Availability of suitable existing towers, other structures, or alternative technologies not
requiring the use of towers or structures;
DI.A Page 34 of 71
h. Obstruction of or interference with views;
i. Consistency with purpose and goals set forth in subsection (A) of this section.
3. Availability of suitable existing towers, other structures, or alternative technology. No new
tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the
hearing examiner that no existing tower, structure, or alternative technology that does not require
the use of towers can accommodate the applicant’s proposed WTF. An applicant shall submit
information requested by the hearing examiner related to the availability of suitable existing
towers, other structures, or alternative technology. Evidence submitted to demonstrate that no
existing tower, structure, or alternative technology can accommodate the applicant’s proposed
WTF may consist of any of the following:
a. No existing WTF is located within the geographic area that meets applicant’s
engineering requirements.
b. Existing WTFs are not of sufficient height to meet applicant’s engineering requirements.
c. Existing WTFs cannot practically be reconstructed to provide sufficient structural strength
to support applicant’s proposed antenna and related equipment.
d. Electromagnetic interference would occur between two (2) or more WTF systems.
e. The fees, costs, or contractual provisions required by the owner in order to share an
existing WTF or to adapt an existing WTF for co-location are unreasonable. Fees or costs
that exceed new WTF development shall not be presumed to render sharing facilities
unsuitable.
f. Other limiting factors render existing WTFs unsuitable.
g. An alternative technology that does not require the use of towers or structures would be
unsuitable. Costs of alternative technology that exceed new WTF development shall not be
presumed to render the technology unsuitable.
4. Separation requirements. The hearing examiner may reduce tower separation distance
requirements, including administratively approved separation distance reductions, if the
purposes and goals of this section would be better served; however, development of multiple
tower locations on a single site (often referred to as “antenna farms”) are specifically
discouraged wherever possible.
J. Removal of abandoned towers.
1. Abandonment and removal. The owner or operator of any abandoned tower shall notify the
city’s planning manager, in writing, of that abandonment and shall remove the same within ninety
DI.A Page 35 of 71
(90) calendar days. Failure to remove an abandoned tower within ninety (90) calendar days shall
be grounds to remove the tower at the owner’s expense. If there are two (2) or more users of a
single tower, then the city’s right to remove the tower shall not become effective until all users
abandon the tower.
2. Partial abandonment and removal. If the antennas on any tower are removed or relocated to a
point where the top twenty (20) percent or more of the height of the tower is no longer in use, the
tower shall be deemed partially abandoned. The owner or operator of any partially abandoned
tower shall notify the city’s planning manager, in writing, of that partial abandonment and shall
remove the partially abandoned portion within ninety (90) calendar days. Failure to remove a
partially abandoned tower within ninety (90) calendar days shall be grounds to remove the
abandoned portion of the tower at the owner’s expense.
3. Security and lien. Each applicant, prior to commencement of construction, shall post sufficient
security in the form of a bond, assignment of funds, cashier’s check, or cash, in a form
acceptable to the city, to cover the estimated cost of demolition or removal of the tower and
support structures, including complete site restoration. If for any reason the posted funds are not
adequate to cover the cost of removal, then the city may charge the facility owner or operator
with the city’s total cost incurred in removing the abandoned structures. If the owner or operator
fails to make full payment within thirty (30) calendar days, then the amount remaining unpaid
shall become a lien on the facility property.
K. Nonconforming uses.
1. Preexisting towers. Preexisting towers shall be allowed to continue their usage as they
presently exist. Routine maintenance shall be permitted. Any construction other than routine
maintenance on a preexisting tower shall comply with the requirements of this section.
2. Damage or destruction not the fault of owner/occupant. Bona fide nonconforming WTFs that
are damaged or destroyed without fault attributable to the owner or entity in control may be
rebuilt without first having to obtain administrative approval or a conditional use permit and
without having to meet separation requirements. The type, height, and location of the tower
onsite shall be of the same type and intensity as the original facility. Building permits to rebuild
the facility shall comply with applicable building codes and shall be obtained within one hundred
eighty (180) days from the date the facility is damaged or destroyed. If no permit is obtained or if
the permit expires, the tower or antenna shall be deemed abandoned as specified in subsection
(J) of this section.
(Ord. No. 3424, § 30, 11-17-98; Ord. No. 3600, § 4, 5-7-02; Ord. No. 3612, § 7, 8-6-02)
DI.A Page 36 of 71
Chapter 21A.55
WIRELESS COMMUNICATION FACILITIES
Sections:
21A.55.010 Purpose.
21A.55.020 Applicability.
21A.55.030 Exemptions.
21A.55.040 Permit required.
21A.55.050 Application requirements.
21A.55.060 Siting hierarchy.
21A.55.070 Base station hierarchy.
21A.55.080 General requirements.
21A.55.090 Design standards.
21A.55.100 Technical evaluation.
21A.55.110 Interference.
21A.55.120 Cessation of use.
21A.55.130 Light poles.
21A.55.010 Purpose.
The purpose of this chapter is to:
(1) Establish clear regulations for the siting and design of wireless communication
facilities consistent with federal regulations;
(2) Promote the health, safety, and general welfare of the public by regulating the siting
of WCFs;
(3) Minimize impacts of WCFs on surrounding areas by establishing standards for
location, structural integrity, and compatibility;
(4) Encourage the location and collocation of wireless communication equipment on
existing structures;
(5) Minimize visual, aesthetic, public safety, and environmental and wildlife effects;
(6) Accommodate the growing need and demand for wireless communication services;
(7) Respond to the policies embodied in the Telecommunications Act of 1996 in such a
manner as not to unreasonably discriminate between providers of functionally equivalent
personal wireless services or to prohibit or have the effect of prohibiting personal wireless
services;
(8) Encourage orderly development in a preferred hierarchy using concealed
technologies; and
(9) Assure WCF development is consistent with the City’s wireless master plan. (Ord.
(11 hits)
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O2010-281 § 4)
21A.55.020 Applicability.
(1) If a conflict arises between this chapter and the provisions of another chapter
regarding wireless communication facilities, this chapter shall govern.
(2) Facilities regulated by this chapter include the construction, modification, and
placement of all WCFs, FCC-regulated amateur radio antennas, dish antennas, and any
antennas used for multichannel multipoint distribution service (MMDS) or wireless cable,
and wireless service facilities (i.e., cellular phone service, PCS – personal
communication services, wireless paging services, wireless Internet services, etc.).
Wireless services shall be subject to the following regulations to the extent that such
requirements (a) do not unreasonably discriminate among providers of functionally
equivalent services; and (b) do not have the effect of prohibiting personal wireless
services within the City of Sammamish. (Ord. O2010-281 § 4)
21A.55.030 Exemptions.
The following are exempt from the provisions of this chapter:
(1) Amateur radio antenna operated by a federally licensed amateur radio operator as
part of the amateur or business radio service;
(2) Citizen band or two-way radio antenna including any mast;
(3) Satellite earth stations (satellite dish) that are one meter (39.37 inches) or less in
diameter in all residential districts and two meters or less in all other zoning districts and
which are not greater than 20 feet above grade in residential districts and 35 feet above
grade in all other zoning districts;
(4) Public agency communications systems of the City of Sammamish, without limitation,
when the facility or facilities are on lands owned by the City and all other building and
land development regulations are complied with. Any such facility constructed and
operated under this section shall comply with all federal regulations including, but not
limited to, site location, aircraft warning, station power level, and frequency allocation;
(5) A temporary commercial wireless communications facility, for the purposes of
providing coverage of a special event such as news coverage or sporting event, subject
to approval by the City, except that such facility must comply with all federal and state
requirements. Said wireless communications facility may be exempt from the provisions
of this chapter up to one week after the duration of the special event;
(6) In the event a building permit is required for any emergency repair, notification in
writing to the director of community development shall occur within 24 hours of
identification of the needed repair; filing of the building permit application shall be done in
compliance with the City’s adopted building code. (In the event a building permit is
required for nonemergency maintenance, reconstruction, repair or replacement, filing of
the building permit application shall be required prior to the commencement of such
nonemergency activities);
(7) Antenna modifications, provided:
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(a) There is no increase in the number of antennas; and
(b) There is no increase in the height of the antenna support structure; and
(8) Temporary WCF. (Ord. O2010-281 § 4)
21A.55.040 Permit required.
The following table summarizes the type of proposal and required land use approvals. All
proposals are subject to the siting hierarchy requirements of this chapter.
P – Permitted Use: The use is allowed subject to the requirements of the code.
C – Conditional Use Permit: The use is allowed subject to the conditional use review
procedures and requirements of the code.
Notes:
1. If the proposal does not exceed the maximum height limits set forth at SMC
21A.55.090(3).
(Ord. O2012-321 § 2 (Att. A § 1); Ord. O2010-281 § 4)
21A.55.050 Application requirements.
In addition to any information required for CUP and/or building permit review, an
application for new WCFs or modifications to WCFs that require City approval shall
provide the following information:
(1) A site plan showing existing and proposed WCFs, access, base station, ancillary
structures, warning signs, fencing, landscaping and any other items necessary to
illustrate compliance with the development standards of this chapter;
(2) Except as provided below, a stamped statement by a state of Washington registered
professional engineer that the support structure shall comply with EIA/TIA-222-Revision
G, published by the American National Standards Institute (as amended), allowable wind
speed for the applicable zone in which the facility is located, and describing the general
structural capacity of any proposed WCF(s), including:
(a) The number and type of antennas that can be accommodated;
(b) The basis for the calculation of capacity; and
Concealed
Attached
WCF
Monopole-
Style WCF
Concealed
Collocation
Flush- or Nonflush-Mounted
Antenna on Existing
Antenna Support Structure
New Concealed
Antenna
Support
Structure
P1
P1 P1
P1
C
C C C
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(c) A written statement that the proposal complies with all federal guidelines
regarding interference and ANSI standards as adopted by the FCC, including but
not limited to nonionizing electromagnetic radiation (NIER) standards.
The foregoing requirements are not applicable when the support structure is a utility pole
or high voltage electrical transmission tower;
(3) A report by the applicant that includes a description of the proposed WCF, including
height above grade, materials, color, lighting, and information demonstrating compliance
with SMC 21A.55.060, Siting hierarchy;
(4) Where a permit for an attachment is required, the application shall also include the
following information:
(a) The name and address of the operator(s) of proposed and existing antennas on
the site;
(b) The height of any proposed antennas;
(c) Manufacture, type, and model of such antennas;
(d) Frequency, modulation, and class of service; and
(e) A description of the wireless communication service that the applicant intends to
offer to provide, or is currently offering or providing within the City;
(5) A detailed visual simulation of the wireless communication facility shall be provided
along with a written report from the applicant, including a map showing all locations
where an unimpaired signal can be received for that facility;
(6) Approved WROWA (wireless right-of-way use agreement);
(7) Other information as the director of community development may reasonably require,
including additional information specific to the City’s wireless communication facilities
master plan; and
(8) Fees for review as established by the City’s most current fee resolution.
The director of community development may release an applicant from having to provide
one or more of the pieces of information on this list upon a finding that in the specific
case involved said information is not necessary to process or make a decision on the
application being submitted. (Ord. O2012-321 § 2 (Att. A § 2); Ord. O2010-281 § 4)
21A.55.060 Siting hierarchy.
Siting of antennas or support structures shall adhere to the siting hierarchy of this
section. The order of ranking for antenna or antenna support structures, from highest to
lowest, shall be 1 to 5. Where a lower ranking alternative is proposed, the applicant must
file relevant information including but not limited to an affidavit by a licensed radio
frequency engineer demonstrating that despite diligent efforts to adhere to the
established hierarchy within the geographic search area, higher ranking options are not
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technically feasible or justified given the location of the proposed wireless
communications facility and network need.
Example:
A new WCF is proposed; the applicant demonstrates that the new facility cannot be sited
under hierarchy 1. The applicant then demonstrates the new facility cannot be sited
under hierarchy 2. The applicant then moves to hierarchy 3 and is able to propose a site.
Hierarchy:
(1) A WCF that is:
(a) A concealed WCF that is attached to an existing antenna support structure:
(i) Located within City-classified principal arterial rights-of-way;
(ii) Located on a high voltage electrical transmission tower;
(iii) Collocated with another WCF; or
(iv) Within public parks, public open spaces, or on other publicly owned land; or
(b) A monopole-style WCF with encased antennas that is located within public
parks, public open spaces, or on other publicly owned land.
(2) A WCF that is:
(a) A concealed WCF that is attached to an existing antenna support structure:
(i) In a minor arterial right-of-way;
(ii) Located on the roof of a multi-story building in the Town Center A or B zone;
(iii) Located on the roof of any building in the commercial business or office
zone; or
(iv) Located on the roof of any building in the R-12 or R-18 zone.
(3) A WCF that is:
(a) A concealed WCF that is attached to an existing antenna support structure:
(i) Located in a collector arterial right-of-way;
(ii) Located on the roof of any building in the neighborhood business zone; or
(iii) Located in a residentially zoned area on a parcel not used for residential
purposes; or
(b) A monopole-style WCF that is located in a residentially zoned area on a parcel
not used for residential purposes.
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(4) A concealed WCF that is attached to a new antenna support structure within an
arterial right-of-way.
(5) WCF not meeting any of the options in Tiers 1 through 4, when no reasonable
alternative exists. (Ord. O2011-298 § 1 (Att. A); Ord. O2010-281 § 4)
21A.55.070 Base station hierarchy.
Siting of base stations shall adhere to the siting hierarchy of this section. The order of
ranking, from highest to lowest, shall be 1, 2, and 3. Where a lower ranking alternative is
proposed, the applicant must demonstrate that a higher ranking option is not technically
feasible, or justified given the location or size of the proposed base station.
Hierarchy:
(1) A base station that is:
(a) Underground and where the top of the vault is flush with the surrounding grade
within City rights-of-way.
(2) A base station that is:
(a) Attached to an antenna support structure located within City rights-of-way;
(b) Placed within an existing building, provided the use of the building is not single-
family residential; or
(c) On the roof of an existing building, provided the use of the building is not single-
family residential and is not visible from the street.
(3) A base station that is:
(a) On adjacent property and concealed in the same manner as concealed WCF
(i.e., the base station is not readily identifiable as such and is designed to be
aesthetically compatible with existing and proposed building(s) and uses on a site);
or
(b) On adjacent property; provided, that the base station is fenced and landscaped;
or
(c) Inside a building; or
(d) Otherwise located so as not to be open or visible to public view (e.g., in a
forested area surrounded by vegetation so that the base station is not open to public
view). (Ord. O2011-298 § 1 (Att. A); Ord. O2010-281 § 4)
21A.55.080 General requirements.
(1) Within public parks and public open spaces, the placement of antennas on existing
structures, such as power poles, light standards for recreational fields and antenna
support structures, is the preferred option subject to the approval of the property owner. If
an existing structure cannot accommodate an antenna due to structural deficiency, or
does not have the height required to provide adequate signal coverage, the structure
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may be replaced with a new structure, provided the new structure:
(a) Will serve the original purpose;
(b) Does not exceed the maximum height allowed by this chapter. Any height
increase in excess of the maximum height allowed pursuant to SMC 21A.55.090(3)
will require a conditional use permit; and
(c) Meets all the requirements of this chapter.
(2) Concealed attached antennas shall comply with the following requirements:
(a) Concealed antennas shall reflect the visual characteristics of the structure to
which they are attached and shall be designed to architecturally match the facade,
roof, wall, or structure on which they are affixed so that they blend with the existing
structural design, color, and texture. This shall include the use of colors and
materials, as appropriate. When located on structures such as buildings or water
towers, the placement of the antennas on the structure shall reflect the following
order of priority in order to minimize visual impact:
(i) A location as close as possible to the center of the structure; and
(ii) Along the outer edges or side-mounted; provided, that in this instance,
additional means such as screens should be considered and may be required
by the department on a case-by-case basis; and
(iii) When located on the outer edge or side-mounted, be placed on the portion
of the structure less likely to be seen from adjacent lands containing, in
descending order of priority: existing residences, public parks and open spaces,
and public roadways;
(b) Feed lines shall be contained within a principal building or encased and the
encasement painted to blend and match the design, color, and texture of the
facade, roof, wall, or structure to which they are affixed.
(3) Concealed antenna support structures shall comply with the following requirements:
(a) Upon application for a conditional use permit or a building permit for a new
concealed antenna support structure, whichever is required first, the applicant shall
provide a map showing all existing antenna support structures or other suitable
nonresidential structures located within one-quarter mile of the proposed structure
with consideration given to engineering and structural requirements.
(b) No new antenna support structure shall be permitted if an existing structure
suitable for attachment of an antenna or collocation is located within one-quarter
mile, unless the applicant demonstrates that the existing structure is physically or
technologically unfeasible, or is not made available for sale or lease by the owner,
or is not made available at a market rate cost, or would result in greater visual
impact. The burden of proof shall be on the applicant to show that a suitable
structure for mounting of antenna or collocation cannot be reasonably or
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economically used in accordance with these criteria.
(c) In residential districts, new concealed antenna support structures shall only be
permitted on lots whose principal use is not single-family residential including, but
not limited to: schools, churches, synagogues, fire stations, parks, and other public
property.
(d) To the extent that there is no conflict with the color and lighting requirements of
the Federal Communications Commission and the Federal Aviation Administration
for aircraft safety purposes, new antenna support structures shall be concealed as
defined by this chapter and shall be configured and located in a manner to have the
least visually obtrusive profile on the landscape and adjacent properties. New
concealed antenna support structures shall be designed to complement or match
adjacent structures and landscapes with specific design considerations such as
architectural designs, height, scale, color, and texture and designed to blend with
existing surroundings to the extent feasible. This shall be achieved through the use
of compatible colors and materials, and alternative site placement to allow the use
of topography, existing vegetation or other structures to screen the proposed
concealed antenna support structure from adjacent lands containing, in descending
order of priority: existing residences, public parks and open spaces, and public
roadways.
(e) At time of application the applicant shall file a letter with the department,
agreeing to allow collocation on the tower. The agreement shall commit the
applicant to provide, either at a market rate cost or at another cost basis agreeable
to the affected parties, the opportunity to collocate the antenna of other service
providers on the applicant’s proposed tower to the extent that such collocation is
technically and structurally feasible for the affected parties.
(f) All new concealed antenna support structures up to 60 feet in height shall be
engineered and constructed to accommodate no less than two antenna arrays. All
concealed antenna support structures between 61 feet and 100 feet shall be
engineered and constructed to accommodate no less than three antenna arrays. All
concealed antenna support structures between 101 and 140 feet shall be
engineered and constructed to accommodate no less than four antenna arrays.
(g) Grading shall be minimized and limited only to the area necessary for the new
WCF.
(4) Collocated or combined facilities shall comply with the following requirements:
(a) At the time of installation, the WCF base station and ancillary structures shall be
brought into compliance with any applicable landscaping requirements; and
(b) When a collocated or combined WCF is to be located on a nonconforming
building or structure, then it will be subject to Chapter 21A.70 SMC. (Ord. O2012-
321 § 2 (Att. A § 3); Ord. O2010-281 § 4)
21A.55.090 Design standards.
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(1) All WCFs shall:
(a) Be designed and constructed or improved at the time of an upgrade to present
the least visually obtrusive profile; and
(b) Use colors such as brown, grey, blue, or green and materials that match the
existing antenna support structure and structures in the local area and reduce visual
impacts unless otherwise required by the City of Sammamish, the FAA, or the FCC.
For example, a utility pole that is brown should have conduits and antennas that are
brown. The colors and materials shall be approved by the City community
development director to ensure compliance with this section; and
(c) Flush-mount antennas when feasible. Four nonflush-mounted antennas are
allowed only upon written demonstration by the applicant that flush-mounting is not
feasible.
(2) Base Stations.
(a) Base stations and ancillary structures shall be subject to the setbacks of the
underlying zoning district.
(b) Except as allowed pursuant to subsection (5)(c) of this section, base stations
that are not located underground shall not be visible from public views.
(c) New concealed base stations and ancillary structures shall be designed to
complement or match adjacent structures and landscapes. Specific design
considerations such as architectural designs, height, scale, color, and texture
should be designed to blend with existing surroundings to the extent feasible.
(d) Where feasible, one building with multiple compartments shall be constructed to
serve the total number of anticipated collocation tenants. If the applicant can
demonstrate that one building is not feasible or practical due to site design or other
constraints, then a master site plan shall be provided to demonstrate how all
potential base stations and ancillary structures will be accommodated within the
vicinity of the WCF.
(3) Height Standards.
(a) Measurement of WCF. For purposes of this subsection, the height of the
antenna support structure shall be measured from the natural undisturbed ground
surface below the center of the base of the tower to the top of the tower or, if higher,
to the top of the highest antenna or piece of equipment attached thereto.
(b) Maximum Height for New WCF. The height of any new WCF shall not exceed
the height provided in the table below.
Locations
Maximum Height of
New Antenna Support
Structures
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(c) Maximum Height for Replacement Antenna Support Structure. The height of an
antenna support structure that replaces an existing antenna support structure shall
not exceed the higher of the height of the existing antenna support structure being
replaced or the maximum height provided in the table above for new antenna
support structures.
(d) Maximum Height Above Top of Antenna Support Structure. The highest point of
an attached antenna shall not be more than 20 feet above the highest point of the
antenna support structure (not including any attached antenna) to which it is
attached.
(e) A new antenna support structure may be permitted to exceed the maximum
height allowed per location, provided:
(i) The increase is consistent with all conditions of the CUP authorizing the use
and subsequent approvals thereafter;
(ii) The existing conditions and the proposed changes are not in violation of the
SMC;
(iii) The height increase is made necessary by foliage attenuation from foliage
in the proposed location of the antenna support structure that exceeds the
maximum height allowed for antenna support structure for that location;
(iv) The height increase is the minimum necessary for the effective functioning
of the provider’s network; and
(v) A nonconformance shall not be created or increased, except as otherwise
provided by this chapter.
(4) Setback Requirements.
(a) Antenna support structures outside of the right-of-way shall have a setback from
property lines of 10 feet from any property line and 50 feet or one foot setback for
CB, O 80'
NB 40'
R-1 – R-8, TC-C
and TC-E
40'
R-12 – R-18 60'
TC-A, TC-B and
TC-D
80'
Principal arterial
rights-of-way
120'
Minor or collector
arterial rights-of-
way
80'
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every one foot in height from any residentially zoned property, whichever provides
the greatest setback.
(b) Base stations shall be subject to the setback requirements of the zone in which
they are located.
(c) The department shall consider the following criteria and give substantial
consideration to on-site location and setback flexibility. These are authorized when
reviewing applications for new antenna support structures. The following shall be
considered:
(i) Whether existing trees and vegetation can be preserved in such a manner
that would most effectively screen the proposed tower from residences on
adjacent properties;
(ii) Whether there are any natural landforms, such as hills or other topographic
breaks, that can be utilized to screen the tower from adjacent residences; and
(iii) Whether the applicant has utilized a tower design that reduces the
silhouette of the portion of the tower extending above the height of surrounding
trees.
(5) Landscaping and Fencing Requirements.
(a) Except as allowed pursuant to subsection (5)(c) of this section, all ground-
mounted base stations shall be enclosed with an opaque fence. In all residential
zones, or a facility abutting a residential zone, or in any zone when the base station
adjoins a public right-of-way, the fence shall be opaque and made of wood, brick, or
masonry. All fencing shall be subject to SMC 21A.30.190.
(b) Except as allowed pursuant to subsection (5)(c) of this section, all base stations
that are within base station hierarchy 2(a) and 3(b) shall have perimeter landscaping
as follows:
(i) In the NB, CB, O or TC zone and the abutting rights-of-way, the base
stations shall be landscaped with eight feet of Type II landscaping pursuant to
Chapter 21A.35 SMC along any lot line abutting a residential zone;
(ii) In residential zones and the abutting rights-of-way, the base station shall be
landscaped with 10 feet of Type I landscaping pursuant to Chapter 21A.35
SMC;
(iii) Any landscaping required shall be placed outside of the fence; and
(iv) Landscaping provisions may be modified in accordance with Chapter
21A.35 SMC.
(c) If an applicant is able to demonstrate to the City engineer that compliance with
the applicable fencing and landscaping requirements will pose an unreasonable risk
to the public health or safety, the fencing and landscaping requirements may be
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altered to the extent reasonably necessary to address the demonstrated risk to
public health or safety, or waived if no reasonable alternatives exist.
(6) Lighting Standards. Except as specifically required by the FCC or FAA, WCFs shall
not be illuminated, except lighting for security purposes that is compatible with the
surrounding neighborhood.
Any lighting required by the FAA or FCC must be the minimum intensity and number of
flashes per minute (i.e., the longest duration between flashes) allowable to minimize the
potential attraction to migratory birds. Dual lighting standards (white blinking light in
daylight and red blinking light at dusk and nighttime) are required and strobe light
standards are prohibited unless required. The lights shall be oriented so as not to project
directly onto surrounding residential property, and be consistent with FAA and FCC
requirements.
(7) Signage. Commercial messages shall not be displayed on any WCF. The only
signage that is permitted upon an antenna support structure, base station, or fence shall
be informational and for the purpose of identifying the antenna support structure (such as
ASR registration number), as well as the party responsible for the operation and
maintenance of the facility, its current address and telephone number, security or safety
signs, and property manager signs (if applicable).
If more than 220 voltage is necessary for the operation of the facility and is present in a
ground grid or in the antenna support structure, signs located every 20 feet and attached
to the fence or wall shall display in large, bold, high-contrast letters (minimum letter
height of four inches) the following: HIGH VOLTAGE – DANGER.
(8) Sounds. Maximum permissible sound levels to intrude into the real property of
another person from a WCF shall not exceed 45 dB(A). In the case of maintenance,
construction, and emergencies, these sound levels may be exceeded for short durations
as required by the specific circumstance. (Ord. O2012-321 § 2 (Att. A § 4); Ord. O2011-
298 § 1 (Att. A); Ord. O2010-281 § 4)
21A.55.100 Technical evaluation.
The City may retain the services of an independent technical expert such as a registered
professional electrical engineer accredited by the state of Washington who holds a
federal communications general radio telephone operator’s license. The engineer will
provide technical evaluation of permit applications for WCFs. The applicant shall pay all
the costs of said review. (Ord. O2010-281 § 4)
21A.55.110 Interference.
Whenever the City has encountered radio frequency interference with its public safety
communications equipment, and it believes that such interference has been or is being
caused by one or more WCFs, the following steps shall be taken:
(1) Upon notification by the City to WCF service providers potentially interfering with
public safety communications equipment, the providers shall cooperate and coordinate
with the City and among themselves to investigate and mitigate the interference, if any,
utilizing the procedures set forth in the joint wireless industry – public safety “Best
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Practices Guide,” released by the FCC in February 2001, including the “Good
Engineering
Practices,” as may be amended or revised by the FCC from time to time.
(2) If any WCF owner fails to cooperate with the City in complying with the owner’s
obligations under this section or if the FCC makes a determination of radio frequency
interference with the City public safety communications equipment, the owner who fails to
cooperate and/or the owner of the WCF which caused the interference shall be
responsible, upon FCC determination of radio frequency interference, for reimbursing the
City for all costs associated with ascertaining and resolving the interference, including but
not limited to any engineering studies obtained by the jurisdiction to determine the source
of the interference. For the purposes of this subsection, failure to cooperate shall include
failure to initiate any response or action as described in the “Best Practices Guide” within
24 hours of the City’s notification. (Ord. O2010-281 § 4)
21A.55.120 Cessation of use.
(1) Antennas shall be removed, at the owner’s expense, from WCFs no more than 180
days after the antenna is no longer operational, unless the abandonment is associated
with a consolidation, in which case the removal shall occur within 90 days of cessation of
use.
(2) The whole WCF shall be removed, at the owner’s expense, within 180 days of the
date the last antenna is removed.
(3) An owner wishing to extend the time for removal or reactivation shall submit a written
request along with the appropriate documentation demonstrating the reason for such
extension request. The City may extend the time for removal up to 90 additional days
upon a showing of good cause with one additional 90-day extension. If the antenna
support structure or antenna is not removed in a timely fashion, the City may give notice
that it will contract for removal within 30 days following written notice to the owner.
Thereafter, the City may cause removal of the antenna support structure with costs being
borne by the current WCF owner or landowner.
(4) Upon removal of the WCF, base station, and ancillary structures, said area shall be
returned to its natural state and topography and vegetated consistent with the natural
surroundings or consistent with the current use of the land at the time of removal. The
cost of rehabilitation shall be borne by the current WCF owner or landowner. (Ord.
O2010-281 § 4)
21A.55.130 Light poles.
Light poles and light standards located within the public rights-of-way are prohibited from
use as an antenna support structure or for the attachment of an antenna or antenna
array. For purposes of this prohibition, “light pole” shall mean and refer to a structure
affixed to the ground, such as a pole, that has as its primary purpose the support of an
overhead light fixture; and “public rights-of-way” shall mean the surface of, and the space
above and below, any public street, highway, freeway, bridge, land path, alley, court,
boulevard, sidewalk, way, lane, public way, drive, circle or other public right-of-way,
including, any easement now or hereafter held by the City within the corporate
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boundaries of the City as now or hereafter constituted for the purpose of public travel,
excluding railroad rights-of-way. (Ord. O2010-281 § 5)
This page of the Sammamish Municipal Code is current
through Ordinance O2012-323, passed May 1, 2012.
Disclaimer: The City Clerk's Office has the official version of the
Sammamish Municipal Code. Users should contact the City
Clerk's Office for ordinances passed subsequent to the ordinance
cited above.
City Website:
http://www.ci.sammamish.wa.us/
City Telephone: (425) 295-0500
Code Publishing Company
eLibrary
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Chapter 19.255
PERSONAL WIRELESS SERVICE FACILITIES
Sections:
19.255.010 Personal wireless service facilities (PWSF).
19.255.020 Development standards.
19.255.030 Nonconformance.
19.255.040 Temporary personal wireless service facilities.
19.255.050 Application requirements.
19.255.060 Collocation.
19.255.070 Removal of facility.
19.255.080 Revocation of permit.
19.255.010 Personal wireless service facilities (PWSF).
(1) Purpose. This section addresses the issues of location and appearance
associated with personal wireless service facilities. It provides adequate siting
opportunities through a wide range of locations and options which minimize
safety hazards and visual impacts sometimes associated with wireless
communications technology.
(2) Definitions. Any words, terms or phrases used in this section which are not
otherwise defined shall have the meanings set forth in Chapter 19.05 FWRC.
(3) Exemptions. The following antennas and facilities are exempt from the
provisions of this section and shall be permitted in all zones consistent with
applicable development standards as outlined in the use zone charts, FWRC
Title 19, Division VI, Zoning Regulations:
(a) Wireless communication facilities used by federal, state, or local
public agencies for temporary emergency communications in the event of a
disaster, emergency preparedness, and public health or safety purposes.
(b) Industrial processing equipment and scientific or medical equipment
using frequencies regulated by the FCC; provided such equipment complies with
all applicable provisions of FWRC 19.110.050, Compliance generally,
19.110.060, Exceptions, and 19.110.070, Rooftop appurtenances – Required
screening.
(c) Citizen band radio antennas or antennas operated by federally
licensed amateur (“ham”) radio operators; provided such antennas comply with
all applicable provisions of FWRC 19.110.050, Compliance generally,
19.110.060, Exceptions, and 19.110.070, Rooftop appurtenances – Required
screening.
(d) Satellite dish antennas less than two meters in diameter, including
direct-to-home satellite services, when used as a secondary use of the property;
provided such antennas comply with all applicable provisions of FWRC
19.110.050, Compliance generally, 19.110.060, Exceptions, and 19.110.070,
Rooftop appurtenances – Required screening.
(e) Automated meter reading (AMR) facilities for the purpose of collecting
utility meter data for use in the sale of utility services, except for whip or other
antennas greater than two feet in length; provided the AMR facilities are within
the scope of activities permitted under a valid franchise agreement between the
utility service provider and the city.
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(f) Routine maintenance or repair of a wireless communication facility
and related equipment excluding structural work or changes in height,
dimensions, or visual impacts of the antenna, tower, or buildings; provided, that
compliance with the standards of this title is maintained.
(g) Equipment cabinet additions or upgrades within existing equipment
enclosures or buildings, so long as there is no material area expansion of the
equipment enclosure or building, or change to the approved architectural design
of the existing equipment enclosure or building.
(4) Prioritized locations. The following sites shall be the required order of
locations for proposed PWSFs, including antenna and equipment shelters. In
proposing a PWSF in a particular location, the applicant shall analyze the
feasibility of locating the proposed PWSF in each of the higher priority locations
and document, to the city’s satisfaction, why locating the PWSF in each higher
priority location and/or zone is not being proposed. In order of preference, the
prioritized locations for PWSFs are as follows:
(a) Structures located in the BPA trail. A PWSF may be located on any
existing support structure currently located in the easement upon which are
located U.S. Department of Energy/ Bonneville Power Administration (“BPA”)
Power Lines regardless of underlying zoning.
(b) Existing broadcast, relay and transmission towers. A PWSF may be
located on an existing site or tower where a legal wireless telecommunication
facility is currently located regardless of underlying zoning. If an existing site or
tower is located within a one-mile radius of a proposed PWSF location, the
applicant shall document why collocation on the existing site or tower is not
being proposed, regardless of whether the existing site or tower is located within
the jurisdiction of the city.
(c) Institutional structures. If the city, institutional uses, or other public
agency consents to such location, a PWSF may be located on existing
structures, such as water towers, utility structures, fire stations, bridges,
churches, schools and other public buildings within all zoning districts, provided
the public facilities are not located within public rights-of-way.
(d) Appropriate zoning districts. A PWSF may be located on private
buildings or structures within nonresidential zoning districts as allowed by the
zoning chart.
(e) Appropriate public rights-of-way. For the purposes of this section,
appropriate public rights-of-way shall be defined as including those public rights-
of-way with functional street classifications of principal arterial, minor arterial,
and principal collector. A PWSF may be located on existing structures in
appropriate public rights-of-way. Structures proposed for location of PWSFs
shall be separated by at least 330 linear feet. Location of a PWSF on an existing
structure in an appropriate public right-of-way shall require a right-of-way permit
in addition to the required use process approval.
If the PWSF is proposed to be located in an appropriate public right-of-
way and the surrounding uses or zoning are not the same, that portion of the
right-of-way with the most intensive use and/or zoning shall be the preferred
location.
If the PWSF is proposed to be located in an appropriate public right-of-
way and surrounding uses or zoning are the same, the preferred location shall
be that portion of the right-of-way with the least adverse visual impacts.
(f) If the applicant demonstrates to the city’s satisfaction that it is not
technically possible to site in a prioritized location, the city reserves the right to
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approve alternative site locations if a denial would be in violation of the
1996 Telecommunications Act, as determined by the city.
(Ord. No. 09-633, § 3, 11-17-09; Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No.
01-399, § 3, 8-7-01; Ord. No. 00-363, § 14, 1-4-00; Ord. No. 97-300, § 3, 9-16-
97. Code 2001 § 22-966.)
19.255.020 Development standards.
The following development standards shall be followed in the design, siting,
and construction of a personal wireless service facility:
(1) Building- or structure-mounted PWSFs on existing buildings or structures
in or out of the public right-of-way. PWSFs mounted on existing buildings and
structures shall conform to the following development standards:
(a) The PWSF shall consist only of the following types of facilities:
(i) A microcell or a minor facility; or
(ii) A PWSF that exceeds the minor facility thresholds for number of
antennas, dimensions, and/or area, but creates no more adverse impacts than a
minor facility, as determined by the director of community development services,
subject to meeting all of the following standards:
(A) The facility shall not create substantially more adverse
visual impact than a minor facility; and
(B) The equipment cabinet for the PWSF shall meet all
requirements of subsection (4) of this section; and
(C) The maximum size of the PWSF panels and number of
antennas shall be determined by the director of community development
services, based on the specific project location, surrounding environment, and
potential visual impacts; and
(D) The PWSF shall comply with all other applicable standards
of the Federal Way Revised Code.
(b) The combined antennas and supporting structure may extend up to,
but not exceed, 15 feet above the existing or proposed roof or other structure
regardless of whether the existing structure is in conformance with the existing
maximum height of the underlying zone as outlined in the use zone charts,
FWRC Title 19, Division VI, Zoning Regulations. Antennas may be mounted to
rooftop appurtenances, as identified in FWRC 19.110.070, provided they do not
extend beyond 15 feet above the maximum height of the structure as defined
per FWRC 19.05.080, H definitions.
(c) For PWSFs located in the right-of-way, the combined antennas may
extend up to the minimum necessary height to meet safety clearances required
by the operator of the existing structure, but not exceed 15 feet above the
existing structure, plus the height of the proposed antennas as specified in
subsection (1)(e) of this section. The maximum allowable height of the new
structure with the PWSF antennas shall be determined by the director of
community development services, depending upon the antenna type, design,
location on the structure, and the proposed method of attachment. An existing
structure can be increased in height only once per a 12-month period. Any
structure, whether a new or replacement structure, located in a public right-of-
way must be similar in terms of size (except height), shape, color, material, and
location to the existing and surrounding structures, as determined by the director
of community development services. The antenna extension may be permitted
regardless of whether the existing structure is in conformance with the maximum
height of the underlying zone as outlined in the use zone charts, FWRC Title 19,
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Division VI, Zoning Regulations.
(d) The antennas are mounted on the building or structure such that they
are located and designed to minimize visual and aesthetic impacts to
surrounding land uses and structures and shall, to the greatest extent practical,
blend into the existing environment pursuant to subsection (3) of this section.
Panel and parabolic antennas shall be screened from residential views and
public rights-of-way unless meeting the provision of FWRC 19.110.070(2)(b).
(e) It is the applicant’s responsibility to prove that the maximum size of
the PWSF panels and number of antennas is the minimum size necessary. The
maximum size of antennas to be located on existing structures in a public right-
of-way shall be two feet in diameter for parabolic antennas, eight feet in height
for panel antennas, and 15 feet in height for whip antennas.
(f) Required setbacks shall not pertain to PWSFs within public rights-of-
way. Within residential zones, equipment enclosures, and buildings to house
equipment cabinets located above ground on properties adjacent to the public
right-of-way shall meet all applicable setback requirements for residential
development of the underlying zone. For developed sites in nonresidential
zones, the setback requirements for the equipment enclosure shall be those of
the principal use of the subject property. For undeveloped sites in nonresidential
zones, the setback requirements for the equipment enclosure shall be 20 feet for
front, side, and rear yards.
(2) New freestanding PWSFs. All requirements of the associated land use
zoning charts must be met. Additionally, these structures shall conform to the
following site development standards:
(a) Placement of a freestanding PWSF shall be denied if placement of
the antennas on an existing structure can meet the applicant’s technical and
network location requirements.
(b) Monopoles shall be the only freestanding structures allowed in the
city; except that a lattice tower may be used to accommodate the collocation of
four or more providers as part of a joint permit application.
(c) In no case shall a freestanding PWSF be located closer than 500 feet
to an existing freestanding PWSF whether it is owned or utilized by the applicant
or another provider.
(d) A freestanding PWSF, including the support structure and associated
electronic equipment, shall comply with all required setbacks of the zoning
district in which it is located. For developed sites, the setback requirements shall
be those of the principal use of the subject property. For undeveloped sites, the
setback requirements for new freestanding PWSFs shall be 20 feet for front,
side, and rear yards.
(e) Freestanding PWSFs shall be designed and placed on the site in a
manner that takes maximum advantage of existing trees, mature vegetation, and
structures so as to:
(i) Use existing site features to screen as much of the total PWSF as
possible from prevalent views; and/or
(ii) Use existing site features as a background so that the total
PWSF blends into the background with increased distances.
(f) In reviewing the proposed placement of a facility on the site and any
associated landscaping, the city may condition the application to supplement
existing trees and mature vegetation to more effectively screen the facility.
(g) Support structures, antennas, and any associated hardware shall be
camouflaged to blend in harmoniously within the existing site through the use of
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faux-structural designs, or when not technologically or aesthetically
feasible, painted in a nonreflective color scheme appropriate to the background
against which the PWSF would be viewed from a majority of points within its
viewshed. The proposed color or color scheme shall be approved by the hearing
examiner or director of community development services.
(3) Screening standards for all PWSFs. PWSFs shall be screened or
camouflaged through employing the best available technology and design, as
determined by the city. This may be accomplished by use of compatible
materials, location, landscaping, color, stealth techniques such as, but not
limited to, artificial trees and hollow flag poles, and/or other methods or
techniques to achieve minimum visibility of the facility as viewed from public
streets or residential properties. In addition, the provisions for landscaping as
outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations,
shall apply.
(4) Standards for electronic cabinets.
(a) Electronic cabinets shall either:
(i) Be placed in a new or existing completely enclosed building. It is
the applicant’s responsibility to prove that the maximum size of the building is
the minimum size necessary to house the equipment; or
(ii) Be placed above ground in a new or existing equipment
enclosure. It is the applicant’s responsibility to prove that the maximum size of
the building is the minimum size necessary to house the equipment.
(b) Equipment enclosures shall be screened with one or a combination of
the following methods, which shall be acceptable to the city: fencing, walls,
landscaping, structures, buildings or topography which will block the view of the
equipment enclosure to the greatest extent possible from any street and/or
adjacent properties, as determined by the director of community development
services. Screening may be located anywhere between the enclosure and the
above-mentioned viewpoints. Landscaping for the purposes of screening shall
be maintained in a healthy condition, pursuant to FWRC 19.125.090(2).
(c) If the equipment cabinet is located within a new enclosed building, the
building shall conform to all applicable development standards and design
guidelines for the underlying zone. The enclosed building shall be architecturally
designed and shall be compatible with existing buildings on the site. The
enclosed building shall be screened to the greatest extent possible from any
street and/or adjacent properties by landscaping and/or topography.
(5) Standards for equipment enclosures.
(a) Electronic equipment enclosures shall not be allowed within the right-
of-way.
(b) In residential zones, equipment enclosures located above ground on
properties adjacent to the public right-of-way shall meet all applicable setback
requirements for residential development of the underlying zone. For developed
sites in nonresidential zones, the setback requirements for the equipment
enclosure shall be those of the principal use of the subject property. For
undeveloped sites in nonresidential zones, the setback requirements for the
equipment enclosure shall be 20 feet for front, side, and rear yards. However, for
undeveloped sites in nonresidential zones, if the applicant can demonstrate that
the equipment enclosure can blend in harmoniously with the existing site and
complement the landscape buffer requirements of the underlying zone, as
determined appropriate by the director of community development services, the
equipment enclosure can be located inside of the 20-foot setback but outside of
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the required landscaping buffer of the underlying zone.
(c) Equipment enclosures shall be designed, located, and screened to
minimize adverse visual impacts from the public right-of-way and adjacent
properties.
(d) Equipment enclosures shall be designed, located, and screened to
minimize adverse visual and functional impacts on the pedestrian environment.
(e) Equipment enclosures and screening shall not adversely impact
vehicular sight distance.
(6) Security fencing.
(a) No fence shall exceed six feet in height as stipulated in FWRC
19.125.160(5).
(b) Security fencing shall be effectively screened from view through the
use of appropriate landscaping materials.
(c) Chain-link fences shall be painted or coated with a nonreflective color.
(7) Cumulative effects. The city shall consider the cumulative visual effects of
PWSFs mounted on existing structures and/or located on a given permitted site
in determining whether additional permits may be granted so as to not adversely
affect the visual character of the city.
(8) Signage. No wireless equipment shall be used for the purpose of mounting
signs or message displays of any kind, except for small signs used for
identification, hazard warning, and name of provider.
(9) Use zone charts, height and permit process.
(a) The final approval authority for applications made under this section
shall be defined by the appropriate permit process as outlined in the use zone
charts, FWRC Title 19, Division VI, Zoning Regulations.
(b) Allowed heights shall be established relative to appropriate process
as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning
Regulations.
(Ord. No. 09-633, § 4, 11-17-09; Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No.
01-399, § 3, 8-7-01; Ord. No. 00-363, § 14, 1-4-00; Ord. No. 97-300, § 3, 9-16-
97. Code 2001 § 22-967.)
19.255.030 Nonconformance.
Permit applications made under this section to locate a PWSF on property on
which a nonconformance is located shall be exempt from the requirements of
Chapter 19.30 FWRC, Nonconformance, to bring the property into conformance
as follows:
(1) To provide the public improvements required by Chapter 19.135 FWRC,
Development Improvements, as stipulated in FWRC 19.30.110.
(2) To bring the property into conformance with the development regulations
prescribed in FWRC Title 16 relating to water quality as stipulated in FWRC
19.30.120(1)(g). All other requirements of FWRC 19.30.120 to bring the property
into conformance with the development regulations prescribed in FWRC Title 16
relating to water quality shall apply.
(Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No. 00-363, § 14, 1-4-00; Ord. No.
97-300, § 3, 9-16-97. Code 2001 § 22-968.)
19.255.040 Temporary personal wireless service facilities.
As determined by the director of community development services, a
temporary personal wireless service facility, or cell-on-wheels, may be deployed
and operated as follows:
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(1) For a period of 90 days during the construction of a freestanding PWSF
which has been approved through the appropriate permit process; provided, that
the temporary personal wireless service facility or cell-on-wheels creates no
more adverse impacts than the PWSF which was approved through the
appropriate permit process. Only one temporary personal wireless service facility
or cell-on-wheels shall be permitted for a single site.
(2) For a period of time determined to be appropriate by the director of
community development services, during an emergency declared by the city,
state, or federal government that has caused a freestanding PWSF which has
been approved through the appropriate permit process to become involuntarily
nonoperational; provided, that the temporary personal wireless service facility or
cell-on-wheels creates no more adverse impacts than the PWSF which was
approved through the appropriate permit process.
(3) Prior to installation of the temporary PWSF, the applicant shall provide the
city with a cash bond in an amount to be determined by the director of
community development services in order to guarantee performance of future
removal and restoration of the site.
(Ord. No. 09-633, § 5, 11-17-09; Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No.
00-363, § 14, 1-4-00; Ord. No. 97-300, § 3, 9-16-97. Code 2001 § 22-969.)
19.255.050 Application requirements.
(1) Except for temporary personal wireless facilities, permit applications made
under this section shall include the following minimum information in addition to
that required for the underlying permit review process:
(a) A diagram or map showing the primary viewshed of the proposed
facility.
(b) Photosimulations of the proposed facility from affected properties and
public rights-of-way at varying distances. These photo simulations should
include examples of camouflage and stealth installation options.
(c) Architectural elevations of proposed facility and site.
(d) A coverage chart of the proposed PWSF at the requested height and
an explanation of the need for that facility at that height and in that location.
(e) An inventory of other PWSF sites operated by the applicant or other
providers within a one-mile radius of the proposed PWSF location.
(f) A site/landscaping plan showing the specific placement of the PWSF
on the site; showing the location of existing structures, trees, and other
significant site features; and indicating type and locations of plant materials used
to screen PWSF components.
(g) If the PWSF electronic equipment cabinet is proposed to be located
above ground, an explanation of why it is impracticable to locate the cabinet
underground.
(h) Documentation of efforts to collocate on existing facilities.
(i) The city may require the applicant, at the applicant’s expense, to
provide any additional information, mapping, studies, materials, inspections, or
reviews that are reasonably necessary to implement this chapter and to require
that such information, studies, mapping, materials, inspections, and reviews be
reviewed by a qualified professional under contract to the city, also at the
applicant’s expense.
(2) Permit applications for temporary personal wireless service facilities shall
include the following minimum information:
(a) Documentation of previously permitted facility.
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(b) Site plan showing proposed location of temporary facility in
relationship to the location of the previously permitted facility and property
boundaries, including dimensions from the property lines and height of proposed
facility.
(c) Photographs of the proposed facility.
(Ord. No. 09-633, § 6, 11-17-09; Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No.
01-399, § 3, 8-7-01; Ord. No. 00-363, § 14, 1-4-00; Ord. No. 97-300, § 3, 9-16-
97. Code 2001 § 22-970.)
19.255.060 Collocation.
(1) A permittee shall cooperate with other PWSF providers in collocating
additional antennas on support structures and/or on existing buildings and sites,
provided said proposed collocatees have received a permit for such use at said
site from the city. A permittee shall allow other providers to collocate and share
the permitted site, provided such shared use does not give rise to a substantial
technical level impairment of the permitted use (as opposed to a competitive
conflict or financial burden). In the event a dispute arises as to whether a
permittee has exercised good faith in accommodating a new applicant, the city
may require a third party technical study at the expense of the permittee. Failure
to comply with this provision may result in a revocation of the permit.
(2) A signed statement indicating that the applicant agrees to allow for the
potential collocation of additional PWSF equipment by other providers on the
applicant’s structure or within the same site location shall be submitted by the
applicant as part of the permit application. If an applicant contends that future
collocation is not possible on their site, they must submit a technical study
documenting why.
(3) Collocation requirements shall not apply to PWSFs located on existing
structures in appropriate public rights-of-way within residential zones,
neighborhood business (BN) zones and professional office (PO) zones.
(Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No. 00-363, § 14, 1-4-00; Ord. No.
97-300, § 3, 9-16-97. Code 2001 § 22-971.)
19.255.070 Removal of facility.
(1) Abandonment and removal. The owner or operator of a PWSF shall
provide the city with a copy of the notice of intent to cease operations required
by the FCC at the time it is submitted to the FCC. Additionally, the owner or
operator of a PWSF shall notify the city in writing of the abandonment of a
particular facility within 30 days of the date the PWSF is abandoned. The
abandoned PWSF shall be removed by the facility owner within 90 days of the
date the PWSF is abandoned, the permit is revoked, or if the facility falls into
disrepair and is not maintained, as determined by the city. Disrepair includes
structural features, paint, landscaping, or general lack of maintenance which
could result in adverse safety or visual impacts. If there are two or more users of
a single tower, then the city’s right to remove the tower shall not become
effective until all users abandon the tower.
(2) Partial abandonment and removal. If the abandoned antennas on any
PWSF are removed or relocated to a point where the top 20 percent or more of
the height of the supporting structure is no longer in use, the PWSF shall be
considered partially abandoned. The owner or operator of any partially
abandoned PWSF shall notify the city in writing of the partial abandonment of a
particular facility within 30 days of the date the PWSF is partially abandoned.
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The owner of the PWSF shall have 120 days from the date of partial
abandonment to collocate another service on the PWSF. If another service
provider is not added to the PWSF within the allowed 120-day collocation period,
the owner shall in 210 days of partial abandonment, dismantle and remove that
portion of the supporting structure which exceeds the point at which the highest
operational antenna is mounted.
(3) Removal and lien. If the provider fails to remove the abandoned or partially
abandoned facility upon 210 days of its abandonment or partial abandonment,
the responsibility for removal falls upon the property owner on which the
abandoned or partially abandoned facility is located. The city may enforce this
subsection using the procedures as set forth in FWRC 1.15.010.
(Ord. No. 09-633, § 7, 11-17-09; Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No.
00-363, § 14, 1-4-00; Ord. No. 97-300, § 3, 9-16-97. Code 2001 § 22-973.
Formerly 19.255.080.)
19.255.080 Revocation of permit.
A permit issued under this chapter may be revoked, suspended or denied for
any one or more of the following reasons:
(1) Failure to comply with any federal, state or local laws or regulations;
(2) Failure to comply with any of the terms and conditions imposed by the city
on the issuance of a permit;
(3) When the permit was procured by fraud, false representation, or omission
of material facts;
(4) Failure to cooperate with other PWSF providers in collocation efforts as
required by this chapter;
(5) Failure to comply with federal standards for EMF emissions; and
(6) Failure to remedy localized interference with the reception of area
television or radio broadcasts or the functioning of other electronic devices.
(7) Pursuant to FWRC 19.05.300(3), the city, as the applicant, shall use the
same process to determine if the permit shall be revoked as it used to grant the
permit.
(Ord. No. 09-633, § 8, 11-17-09; Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No.
00-363, § 14, 1-4-00; Ord. No. 97-300, § 3, 9-16-97. Code 2001 § 22-975.
Formerly 19.255.100.)
This page of the Federal Way Revised Code is current
through Ordinance 12-725, passed July 17, 2012.
Disclaimer: The City Clerk's Office has the official version of the
Federal Way Revised Code. Users should contact the City Clerk's
Office for ordinances passed subsequent to the ordinance cited
above.
City Website: http://cityoffederalway.com
City Telephone: (253) 835-2540
Code Publishing Company
eLibrary
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AGENDA BILL APPROVAL FORM
Agenda Subject:
2012 Comprehensive Plan Process Update
Date:
September 5, 2012
Department:
Planning and Development
Attachments:
Memorandum
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
For discussion only.
Reviewed by Council Committees:
Planning And Community Development Other: Planning Commission
Councilmember:Backus Staff:Dixon
Meeting Date:September 10, 2012 Item Number:DI.B
AUBURN * MORE THAN YOU IMAGINEDDI.B Page 60 of 71
MEMORANDUM
TO: Councilmember Nancy Backus, Chair, Planning and Community Development
Committee
Councilmember John Partridge, Vice Chair, Planning and Community
Development Committee
Councilmember John Holman, Planning and Community Development
Committee
CC: Mayor Lewis
FROM: Jeff Dixon, Principal Planner, Planning and Development Department
DATE: September 4, 2012
RE: DISCUSSION AND INFORMATION:
Proposed Annual Comprehensive Plan Amendments - Process Update
Background
Annual amendments were previously discussed with the PCD Committee on June 25,
2012, after the deadline for city acceptance of private-initiated applications. The draft
docket and draft schedule for these changes to the Comprehensive Plan were reviewed.
The process for amending the Comprehensive Plan is provided by city code at ACC 14.22,
“Comprehensive Plan Amendments”. The City of Auburn comprehensive plan establishes
the principles, goals, objectives and policies guiding future development of the city in
compliance with Chapter 36.70A RCW, the Washington State Growth Management Act.
This code section establishes the procedures and review criteria for amending the
comprehensive plan and to provide provisions for public participation in the planning
process.
Recent Actions
Since the PCD’s briefing, a briefing and discussion of the changes has been held by the
Planning Commission. On August 21, 2012 the Planning Commission discussed the
following items:
Group #1
P/T #1 – Auburn School District 2012-2018 Capital Facilities Plan
P/T #2 – Dieringer School District Capital Facilities Plan 2013-2018
P/T #3 – Federal Way School District 2013 Capital Facilities Plan
P/T #4 – Kent School District 2012/2013 – 2017/2018 Capital Facilities Plan
DI.B Page 61 of 71
P/T #6 - Comprehensive Transportation Plan
Revise Chapter 2 – ‘The Street System’
• Revise (eliminate and replace) Table 2-3 ‘Future Roadway
Capacity Improvement Projects and Cost Estimates’
• Revise text pages 2-14 thru 2-15 to be consistent with
updated Table 2-3.
• Revise Figure 2-6 ‘Roadway Improvements Alternatives’ to
be consistent with updated Table 2-3.
Revise Chapter 5 – ‘Policies’
• Update policies: TR-19, TR-20 & TR-21 related to Level of
Service, TR-23 related to concurrency, TR-28 related to
finance, TR-59 related to parking and TR-163 related to
transit.
B. Map Amendments
CPM #1 – (File No. CPA12-0001) Comprehensive Plan – Revise Electrical Service
Map No. 6.1
CPM #2 – (File No. CPA12-0002 & SEP12-0016) Comprehensive Plan – Amend
Comprehensive Plan Map No. 14.1 – River Mobile Home Park
Applicant’s request to change the comprehensive plan designation from
'Public/Quasi-Public ' to 'Moderate Density Residential' and rezone from ‘P1, Public
Use’ to ‘RMHC, Residential Mobile Home Community’ 6.36 acres of adjacent
property for replacement of mobile home spaces and associated recreational
vehicle parking displaced by King Co. Reddington Levee Extension and Setback
Project. The mobile park is located at 3611 “I ST NE.
CPM #3 – (File No. CPA12-0003 & SEP12-0017) Comprehensive Plan – Amend
Comprehensive Plan Map No. 14.1 – Locke Property
Property owner's request to change the Comprehensive Plan designation from
'Single Family Residential' to 'High Density Residential' and rezone from ‘R5,
Residential’ to ‘R20, Residential’ a 1.88-acre parcel to be consistent with adjacent
properties. The parcel is located at 12130 SE 310th ST.
CPM #4 – (File No. CPA12-0004 & SEP12-0021) Comprehensive Plan – Amend
Comprehensive Plan Map No. 14.1 - Auburn School District
Auburn School District request to change the comprehensive plan designation of
two parcels totaling 0.63 acres located SE of the Auburn High School from ‘Office
Residential’ to ‘Public/Quasi-Public’ and rezoning from ‘RO, Residential Office’ to
‘I, Institutional’ and the request to change 12 parcels totaling 1.74 acres located
NW of the school and changing the designation from "High Density Residential" to
"Public/Quasi-Public" and rezoning from ‘R2O, Residential’ to ‘I, Institutional’ in
anticipation of a future high school redevelopment. The school is located at 800 4th
ST NE.
DI.B Page 62 of 71
A second grouping of amendments was briefed/ discussed on September 5, 2012.
These included:
P/T #5 – City of Auburn 2013-2018 Capital Facilities Plan
P/T #7 - Comprehensive Plan
Revise Chapter 14 – ‘Comprehensive Plan Map’ related to economic development
strategy areas.
Future Actions
The Planning Commission briefings are for the purpose of introducing and orienting the
members to the changes. A public hearing by the Planning Commission is scheduled for
October.
The results of these hearings will be brought back to this Committee and the Public Works
Committee. The Committees will be provided with a “notebook” consisting of the complete
set of amendments and supporting information. The PCD will be asked to make a
recommendation for consideration by the full council.
If you have any questions on the 2012 Comprehensive Plan Amendments please contact me
by email at jdixon@auburnwa.gov or at 253-804-5033.
DI.B Page 63 of 71
AGENDA BILL APPROVAL FORM
Agenda Subject:
Manufacturing Village Concept
Date:
September 5, 2012
Department:
Planning and Development
Attachments:
Memorandum
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
See attached memorandum.
Reviewed by Council Committees:
Planning And Community Development
Councilmember:Backus Staff:Dixon/Snyder
Meeting Date:September 10, 2012 Item Number:DI.C
AUBURN * MORE THAN YOU IMAGINEDDI.C Page 64 of 71
MEMORANDUM
TO: Councilmember Nancy Backus, Chair, Planning and Community Development
Committee
Councilmember John Partridge, Vice Chair, Planning and Community
Development Committee
Councilmember John Holman, Planning and Community Development
Committee
CC: Mayor Lewis
FROM: Jeff Dixon, Principal Planner, Planning and Development Department
DATE: September 4, 2012
RE: DISCUSSION AND INFORMATION: Brainstorm session with the committee
on what they want to see for the “manufacturing village”
Background
In 2005 an Economic Development Strategies document was developed that includes
strategies and actions needed to affect necessary change for specific strategy areas within
the city. As adopted by Resolution No. 3944 in 2005, the Economic Development
Strategies document identifies six strategy areas. These economic development strategy
areas are targeted for population and employment growth.
In 2010, the City Council identified two additional economic development strategy areas
and solidified the idea of expanding elements of the Urban Center designation--greater
residential population density (i.e. mixed use), clustered non-residential intensity (offices,
retail, services), increased employment and multi-modal transportation (i.e. walking,
transit, and bicycling)--to these economic development strategy areas as key economic
development nodes in the City. The planning horizon for the economic development
strategy areas focused on the City’s 20-year (2031) growth target.
With the City Council’s Economic Development Retreat in May 2012, the population and
employment growth purpose of the eight economic strategy areas was further articulated.
A 50-year planning horizon and modified boundaries were used to correlate the economic
development strategy areas with priority business sectors as follows:
• Auburn Environmental Park and “Green Zone” (the zoning designation
surrounding and supportive of the Environmental Park):
o Healthcare research (provision and prevention);
o Ecosystem management (“green engineering”);
o Education;
o Bio-research facilities; and
o Aerospace (especially creation of “manufacturing villages”)
DI.C Page 65 of 71
Manufacturing Village Concept
The concept of a “manufacturing village” as a mixed use center that provides a
combination of housing and manufacturing uses was discussed at the May 2012 economic
development City Council retreat. The concept as discussed is to provide comprehensive
plan policies and subsequently zoning regulations that provide incentives to encourage
dwellings and employment in close proximity to one another. The concept was discussed
specifically in relation to the Environmental Park zoning district (referred to as the “Green
Zone” – the zoning district adjacent to and supportive of the natural resources park).
The City Council has generally been receptive to making additional changes to this
comprehensive plan designation and zoning district to promote a location supportive of
small to medium scale, environmentally friendly manufacturing uses that would be
conducive to a location proximate to multiple family housing. The manufacturing uses are
envisioned to be non-nuisance type businesses.
Discussion
Staff is requesting some additional feedback and direction from the PCD Committee on
the “manufacturing village” concept to use in policy guidance for this year’s comprehensive
Plan Amendments. The idea would be to provide a policy framework with this year’s
comprehensive plan amendment process that “set the stage” for future zoning regulation
changes.
DI.C Page 66 of 71
AGENDA BILL APPROVAL FORM
Agenda Subject:
Director's Report
Date:
September 5, 2012
Department:
Planning and Development
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
For information only.
Background Summary:
Reviewed by Council Committees:
Councilmember:Backus Staff:Snyder
Meeting Date:September 10, 2012 Item Number:DI.D
AUBURN * MORE THAN YOU IMAGINEDDI.D Page 67 of 71
AGENDA BILL APPROVAL FORM
Agenda Subject:
PCDC Status Matrix
Date:
September 5, 2012
Department:
Planning and Development
Attachments:
Matrix
Budget Impact:
$0
Administrative Recommendation:
For information only, see attached matrix.
Background Summary:
Reviewed by Council Committees:
Planning And Community Development
Councilmember:Backus Staff:Snyder
Meeting Date:September 10, 2012 Item Number:DI.E
AUBURN * MORE THAN YOU IMAGINEDDI.E Page 68 of 71
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Su
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2
0
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Hu
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PC
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a
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t
a
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u
t
u
r
e
m
e
e
t
i
n
g
;
b
r
i
e
f
i
n
g
to be scheduled.
11
H
u
m
a
n
S
e
r
v
i
c
e
s
C
e
n
t
e
r
O
n
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H
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U
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p
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e
d
a
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n
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e
d
e
d
o
r
r
e
q
u
e
s
t
e
d
.
12
Un
i
f
y
c
o
m
m
u
n
i
t
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e
s
t
h
r
o
u
g
h
ce
n
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r
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d
c
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m
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c
a
t
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d
ou
t
r
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a
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Fa
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l
2
0
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2
H
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C
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m
m
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y
S
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r
v
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c
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s
t
o
g
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v
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a
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u
a
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u
pd
a
t
e
s
.
BO
A
R
D
S
,
C
O
M
M
I
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S
I
O
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S
&
H
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A
R
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X
A
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R
13
A
r
t
s
C
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n
No
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m
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r
20
1
2
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r
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w
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h
P
C
D
C
.
DI.E Page 70 of 71
Se
p
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m
b
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r
1
0
,
2
0
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2
Page 3
To
p
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14
H
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C
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2
4
,
2
0
1
2
.
15
H
e
a
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x
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4
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1
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m
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g
f
o
r
a
n
n
u
al briefing with the
Co
m
m
i
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e
.
16
P
a
r
k
s
&
R
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c
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a
t
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B
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P
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.
17
P
l
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2
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Jo
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2
3
,
2
0
1
2
.
C
o
m
m
i
t
t
e
e
w
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l
h
old a joint meeting every six
mo
n
t
h
s
w
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t
h
P
l
a
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n
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g
C
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m
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s
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o
n
.
18
T
r
a
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s
p
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t
a
t
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o
n
,
T
r
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n
s
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,
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d
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p
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2
0
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3
Th
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A
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5
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3
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2
w
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t
h
P
C
D
C
.
19
U
r
b
a
n
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B
o
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B
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w
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P
C
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.
CA
P
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T
A
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A
C
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P
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N
N
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(
L
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R
a
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P
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a
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)
20
Tr
a
n
s
p
o
r
t
a
t
i
o
n
P
l
a
n
n
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n
g
Sc
o
p
e
:
L
o
n
g
-
t
e
r
m
p
l
a
n
n
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n
g
f
o
r
th
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r
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l
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o
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p
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t
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la
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d
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p
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in
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On
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U
p
d
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a
d
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p
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b
y
C
i
t
y
Council in 2009.
Up
d
a
t
e
d
a
n
n
u
a
l
l
y
a
s
n
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e
d
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s
p
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f
c
o
m
p
r
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h
e
n
s
i
v
e
plan update process.
21
Tr
a
n
s
p
o
r
t
a
t
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o
n
I
m
p
r
o
v
e
m
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n
t
Pr
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g
r
a
m
(
T
I
P
)
Sc
o
p
e
:
6
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a
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p
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up
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p
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a
p
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pr
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c
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On
g
o
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Su
m
m
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r
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F
a
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Pa
r
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Re
v
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w
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f
t
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e
2
0
1
3
-
2
0
1
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h
a
s
b
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n
c
o
m
p
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t
e
d
b
y
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P
CDC. Scheduled for
pu
b
l
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c
h
e
a
r
i
n
g
o
n
S
e
p
t
e
m
b
e
r
1
7
,
2
0
1
2
.
22
Ca
p
i
t
a
l
I
m
p
r
o
v
e
m
e
n
t
P
l
a
n
s
(
C
I
P
)
Sc
o
p
e
:
6
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y
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a
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a
p
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t
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p
r
o
v
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m
e
n
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f
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n
c
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a
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p
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n
n
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fo
r
s
e
w
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r
,
w
a
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r
,
s
t
o
r
m
w
a
t
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r
an
d
s
t
r
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t
s
.
On
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g
o
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F
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n
a
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p
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d
a
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p
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d
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p
r
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s
.
OT
H
E
R
23
E
c
o
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m
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c
D
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v
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M
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d
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d
.
DI.E Page 71 of 71