ORD 19-006ORDINANCE NO. 19-006
AN ORDINANCE amending certain provisions of Camas Municipal
Code Chapter 18.35 relating to wireless communication facilities.
The Council of the City of Camas do ordain as follows:
Section I
Sections 18.35.010, 18.35.020, 18.35.030, 18.35.040, 18.35.050, 18.35.060, 18.35.0709
18.35.090 and 18.35.130 of the Camas Municipal Code are amended as set forth in Exhibit "A"
attached hereto and by this reference incorporated herein.
Section II
A new Section 18.35.051 entitled "Application Review Timeframes" is hereby added to
the Camas Municipal Code as set forth in the attached Exhibit "B".
Section III
This Ordinance shall take force and be in effect five (5) days from and after its
publication according to law.
PASSED BY the Council and APPROVED by the Mayor this day of
92019.
APPROVED as to form:
City Attorney
SIGNED: �'�''�
Mayor
ATTEST:
Clerk
EXHIBIT "A"
Chapter 18.35 - WIRELESS COMMUNICATION FACILITIESMI
18.35.010 - Purpose.
The purpose of this chapter is to provide a uniform and comprehensive set of standards for the
development, siting and installation of wireless communication facilities. These regulations are intended
to protect the public health, safety and welfare of the residents of Camas, to preserve community
character and protect aesthetic quality in accordance with guidelines and intent of federal regulations and
to encourage siting in preferred locations to minimize aesthetic impacts and to minimize the intrusion of
towers into residential areas (R, MF zones) and gateways as designated on the City of Camas Zoning
Map.
18.35.020 - Definitions.
The following words and phrases used in this chapter shall have the following meanings:
A. "Antenna" means an apparatus designed for the purpose of emitting radiofrequency (RF)
radiation, to be operated or operating from a fixed location pursuant to Commission
authorization, for the provision of personal wireless service and any commingled information
services. .
B. "Antenna array" means a single or group of antenna elements and associated mounting
hardware, transmission lines, or other appurtenances which share a common attachment
device such as a mounting frame or mounting support structure for the sole purpose of
transmitting or receiving electromagnetic waves.
C. "Antenna equipment" means equipment, switches, wiring, cabling, power sources, shelters or
cabinets associated with an antenna, located at the same fixed location as the antenna, and,
when collocated on a structure, is mounted or installed at the same time as such antenna.
D. 'Base station" means a structure or equipment at a fixed location that enables commission -
licensed or authorized wireless communications between user equipment and a
communications network. The term does not encompass a tower as defined in this chapter or
any equipment associated with a tower.
1. The term includes, but is not limited to, equipment associated with wireless
communications services such as private, broadcast, and public safety services, as well as
unlicensed wireless services and fixed wireless services such as microwave backhaul.
2. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic
cable, regular and backup power supplies, and comparable equipment, regardless of
technological configuration (including distributed antenna systems and small wireless
facility networks).
3. The term includes any structure other than a tower that, at the time the relevant application
is filed with the city under this section, supports or houses equipment described in this
section that has been reviewed and approved under the applicable zoning or siting
process, or under Washington or local regulatory review process, even if the structure was
not built for the sole or primary purpose of providing such support.
4. The term does not include any structure that, at the time the relevant application is filed
with the State of Washington or the city under this section, does not support or house
equipment described in this section.
Page 1 of 13
E. "Collocation" means (1) mounting or installing an antenna and associated antenna equipment
on a pre-existing structure, and/or (2) modifying a structure for the purpose of mounting or
installing an antenna and associated antenna equipment on that structure.
F. "Commission" means the Federal Communications Commission ("FCC").
G. "Distributed antenna system" or "DAS" means a network consisting of transceiver equipment at
a central hub site to support multiple antenna locations throughout the desired coverage area.
H. "Facility or personal wireless service facility" means an antenna facility or a structure that is
used for the provision of personal wireless service, whether such service is provided on a stand-
alone basis or commingled with other wireless communication services.l. "Small wireless
facilities" are facilities that meet each of the following conditions:
(1) The facilities—
(a) are mounted on structures 50 feet or less in height including their antennas, or
(b) are mounted on structures no more than 10 percent taller than other adjacent
structures, or
(c) do not extend existing structures on which they are located to a height of more
than 50 feet or by more than 10 percent, whichever is greater;
(2) Each antenna associated with the deployment, excluding associated antenna equipment,
is no more than three cubic feet in volume;
(3) All other wireless equipment associated with the structure, including the wireless
equipment associated with the antenna and any pre-existing associated equipment on the
structure, is no more than 28 cubic feet in volume.
J. "Stealth design" means technology that minimizes the visual impact of wireless communications
facilities by camouflaging, disguising, screening, and/or blending into the surrounding
environment. Examples of stealth design include but are not limited to facilities disguised as
trees, flagpoles, bell towers, utility support structures, parking lot light standards, and
architecturally screened roof -mounted antennas.
K. "Structure" means a pole, tower, base station, or other building, whether or not it has an existing
antenna facility, that is used or to be used for the provision of personal wireless service
(whether on its own or comingled with other types of services).
L. "Tower" means any structure built for the sole or primary purpose of supporting any
commission -licensed or authorized antennas and their associated facilities, including structures
that are constructed for wireless communications services including, but not limited to, private,
broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless
services such as microwave backhaul, and the associated site. A structure built to support a
small wireless facility is not a "tower" for purposes of this Chapter.
M. "Tower height" means the vertical distance measured from the base of the tower structure at
grade to the highest point of the structure including the antenna but does not include a lightning
rod
N. "Transmission equipment" means equipment that facilitates transmission for any commission -
licensed or authorized wireless communication service, including, but not limited to, radio
transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The
term includes equipment associated with wireless communications services including, but not
limited to, private, broadcast, and public safety services, as well as unlicensed wireless services
and fixed wireless services such as microwave backhaul.
0. "Utility support structure" means poles or towers with a primary purpose of supporting utility
electrical, telephone land lines, cable or other similar facilities; street lights; pedestrian lights;
traffic light structures; traffic sign structures; or water towers.
Page 2 of 13
P. "Wireless communication facilities" or "WCF" means a staffed or unstaffed facility or location for
the transmission and/or reception of radio frequency (RF) signals or other Wireless
communications or other signals for commercial or governmental communications purposes,
typically consisting of one or more antennas or group of antennas, a tower or attachment
support structure, transmission cables and other transmission equipment, and an equipment
enclosure or cabinets.
18.35.030 - Towers.
A. Towers shall be located only in those areas and pursuant to the process described in CMC Tables
18.35-1 and 18.35-2, provided that towers that are proposed to be located in a residential zone or
within one hundred fifty feet of a residential zone shall be subject to the siting priorities set forth for
preferred tower locations in CMC 18.35.050.
Table 18.35-1
New Wireless Communication Tower Criteria
Allowed by Type II Permit
Setback from Property
k
Zone Located in Public Right -of- Maximum Tower Stealth Lines
Category way (ROW) Height Design (does not apply within
ROW) [2l
Yes 50' Optional N/A
NP, SU [l� _w... _......__...:.:.............. .......... ......._._.:..........w,:.:.:.:._........_..�............._�... ..m.........__........._....Ta..._._m.._......__
.
.._.___._._~M1
No 75' Optional 20'; and 60' from any
[1�
ROW
Yes 50' Optional M N/A
RC, CC, NC M 20'; and 60' from any
No 60' Optional MROW
Yes 50' Optional N/A
BP
No 70' Optional
20'; and 70' from any
ROW
Yes 50' Optional N/A
LI, 1-1/1313i
No 150' Optional 20'; and 100' from any
ROW
HI Yes 70' Optional N/A
Page 3 of 13
20' and 100' from any
No 150' Optional �l�
ROW
03 If an applicant wants to construct a tower in a residential zone or within fifty feet of a residential zone,
then a Type III process and stealth design are required. If an applicant wants to construct a tower within
fifty-one to one hundred fifty feet of a residential zone, then a Type II process and stealth design are
required. If an applicant wants to construct a tower beyond one hundred fifty feet of a residential zone,
then the review process is that which is required in the zone in which the tower is to be located.
E21 See exception for locations adjacent to a residence in CMC 18.35.070(B).
Table CMC 18.35-2
New Wireless Communication Tower Criteria
Allowed by Type III Conditional Use Permit
Setback from Property
Zone Category Located in Public Right -of- Maximum Tower Stealth Lines (21
Way (ROW) Height Design (does not apply within
ROW)
All R, MF, MX, No 60' Required 20'
DC M
NP, SU, RC, CC, No 61'-70' [31 Optional M 20'
NC
BP M No 71'-90' (4] Optional 20'
I'] All new towers in a residential zone or within fifty feet of a residential zone shall require stealth
design.
[21 See exceptions for locations adjacent to a residence in CMC 18.35.070(B).
[3] An additional twenty feet in height is allowed if applicant uses stealth design.
[4� An additional thirty feet in height is allowed if applicant uses stealth design.
Page 4 of 13
18.35.040 - Collocation of antennas, DAS, and small wireless facilities.
A. To the extent not otherwise covered by this chapter, collocation and new wireless communication
antenna arrays are permitted in all zones via administrative (building permits) approval provided that
they are attached to or inside of an existing structure (except on the exterior of pole signs or
anywhere on a billboard) that provides the required clearances for the array's operation without the
necessity of constructing a tower or other apparatus to extend the antenna array more than fifteen
feet above the structure.
B. For antenna arrays on city -owned property or right-of-way, other applicable agreements and/or
permits, such as an encroachment permit, are also required.
C. If any support structure must be constructed to achieve the needed elevation or if the attachment
adds more than fifteen feet above the existing structure, the proposal is subject to Type II review.
The limitation to fifteen feet is applicable to cumulative increases and any previously approved
additions to height made under this section must be included in its measurement.
D. Any equipment shelter or cabinet and other ancillary equipment are subject to the general
development standards of CMC 18.35.070.
E. DAS and small wireless facilitiess. Notwithstanding the foregoing:
1. DAS and small wireless facilities are permitted in all land use zones and public rights-of-way,
and are not subject to the siting preferences listed in CMC 18.35.050.
a. DAS and small wireless facilities, as well as their support structures, are permitted in
the public right-of-way, subject to compliance with applicable Public Works design standards
and issuance of an encroachment permit and building permit. Any wireless service and/or
infrastructure provider installing DAS and small wireless facilities in the right-of-way must also
have a municipal master permit, franchise, or other applicable authorization to use the right-of-
way, and if applicable, an agreement or permit to attach to City -owned structures.
b. DAS and small wireless facilities, as well as their support structures, are permitted
outside of the public right-of-way, subject to compliance with the standards in this Chapter 18.35
and issuance of a building permit.
2. Multiple -site DAS and small wireless facilities. Consolidated review of multiple -site DAS and
small wireless facilities s shall be provided; provided, that the denial of one or more DAS or
small wireless facilities in a consolidated application shall not delay the processing of any other
DAS or small wireless facility or related structures submitted in the same consolidated
application.
18.35.050 - Tower, sharing, collocation and preferred tower locations.
A. Tower Sharing and Collocation. New WCF facilities must, to the maximum extent feasible, collocate
on existing towers or other structures to avoid construction of new towers, unless precluded by
zoning constraints such as height, structural limitations, inability to obtain authorization by the owner
of an alternative location, or where an alternative location will not meet the service coverage or other
objectives of the applicant. Applications for a new tower must address all existing towers or
structures of a similar height within one-half mile of the proposed site as follows:
1. By providing evidence that a request was made to locate on the existing tower or other
structure, with no success; or
2. By showing that locating on the existing tower or other structure is infeasible.
B. All new wireless telecommunication towers shall be designed and built to accommodate collocation
or additional loading. For the purposes of this provision, this means that the tower shall be designed
specifically to accommodate no less than the following equipment, in addition to the applicant's
proposed equipment:
1. Twelve antennas with a float plate wind -loading of not less than four square feet per antenna;
Page 5 of 13
2. A standard mounting structure, standoff arms, platform or other similar structure designed to
hold the antennas;
3. Cable ports at the base and antenna levels of the tower; and
4. Sufficient room within or on the tower for twelve runs of seven -eights -inch coaxial cable from the
base of the tower to the antennas.
C. New towers shall be prohibited in all R and MF zones unless such a prohibition would prohibit or
have the effect of prohibiting wireless service under the Federal Telecommunication Act.
D. Preferred Tower Locations. All new towers in residential (R, MF) zones or within one hundred fifty
feet of a residential zone shall require a demonstration that the tower will be sited in the most
preferred zoning district/area that will address a defined service coverage or other allowable
objective based upon the following priorities, ordered from most -preferred (1) to least -preferred (7):
1. City -owned or operated property, facilities and rights-of-way excepting therefrom, right-of-way
and city facilities located in residential zones (R, MF zones) or gateways designated on the
zoning maps of the City of Camas, and where the tower will not be located within one hundred
fifty feet of a residential zone;
2. HI, I, LIBP zones;
3. BP zones;
4. RC and CC zones;
5. NC and DC zones;
6. City -owned or operated property (not right-of-way) and facilities in any zone, as long as less
than fifty percent of height of the tower is visible as viewed from a public street, public open
areas (e.g. fields, playgrounds, parking areas), or property that is being used for residential
purposes;
7. Parcels of land in residential zones (R, MF zones) if otherwise mandated under CMC
18.35.050.C.
18.35.060 - Application submittal requirements.
In addition to the application materials required elsewhere in the CMC, Type II and Type III
applications submitted under this chapter shall include the following materials, as applicable to the type of
use or facility proposed:
A. Requirement for FCC Documentation. The applicant shall provide a copy of:
1. Documentation for FCC license submittal or registration; and
2. The applicant's FCC license or registration.
B. Speculation. No application shall be accepted, approved, constructed or maintained for a
speculation tower, i.e., solely from an applicant that simply constructs towers and leases tower
space to service providers, but is not a service provider. An application made on behalf of a
service provider and consented to by the service provider would not be considered to be a
speculation tower.
C. Site Plans. Complete and accurate plans and drawings to scale, prepared, signed and sealed
by a Washington -licensed engineer, land surveyor and/or architect, including:
1. Plan views and all elevations before and after the proposed construction with all height and
width measurements called out;
2. A depiction of all proposed transmission equipment;
3. A depiction of all proposed utility runs and points of contact; and
Page 6 of 13
4. A depiction of the leased or licensed area with all rights-of-way and/or easements for
access and utilities in plan view.
D. Visual Analysis. A color visual analysis that includes to -scale visual simulations that show
unobstructed before -and -after construction daytime and clear -weather views from at least four
angles, together with a map that shows the location of each view. The applicant shall provide an
analysis of alternative sites within and outside of the city that are capable of meeting the service
provider's service objectives with an equivalent or lesser visual impact.
E. Statement of Purpose/RF Justification for WCF. A clear and complete written statement of
purpose shall minimally include: (1) a description of the technical objective to be achieved; (2) a
to -scale map that identifies the proposed site location and the targeted service area to be
benefited by the proposed project; and (3) if the purpose of the facility is to provide coverage,
full-color signal propagation maps with objective units of signal strength measurement that show
the applicant's current service coverage levels from all adjacent wireless sites without the
proposed site, predicted service coverage levels from all adjacent wireless sites with the
proposed site, and predicted service coverage levels from the proposed site without all adjacent
wireless sites. These materials shall be reviewed and signed by a Washington -licensed
professional engineer or a qualified employee of the applicant. The qualified employee of the
applicant shall submit his or her qualifications with the application.
F. Design Justification. A clear and complete written analysis that explains how the proposed
design complies with the applicable design standards under this chapter to the maximum extent
feasible. A complete design justification must identify all applicable design standards under this
chapter and provide a factually detailed reason why the proposed design either complies or
cannot feasibly comply.
G. Collocation and Alternative Sites Analysis.
1. All Towers. All applications for a new tower must demonstrate that collocation is not
feasible, consistent with CMC 18.35.050.
2. Towers in a Residential Zone or Within One Hundred Fifty Feet of a Residential Zone.
a. For towers in or within one hundred fifty feet of a residential zone, the applicant must
address the city's preferred tower locations in CMC 18.35.050 with a detailed
explanation justifying why a site of higher priority was not selected. The city's tower
location preferences must be addressed in a clear and complete written alternative
site analysis that shows at least five higher ranked, alternative sites considered that
are in the geographic range of the service coverage or other objectives of the
applicant, together with a factually detailed and meaningful comparative analysis
between each alternative candidate and the proposed site that explains the
substantive reasons why the applicant rejected the alternative candidate. An applicant
may reject an alternative tower site for one or more of the following reasons:
1. Preclusion by structural limitations;
2. Inability to obtain authorization by the owner;
3. Failure to meet the service coverage or other objectives of the applicant;
4. Failure to meet other engineering requirements for such things as location, height
and size;
5. Zoning constraints, such as the inability to meet setbacks;
6. physical or environmental constraints, such as unstable soils or wetlands; and/or
7. Being a more intrusive location based on physical features and land uses on the
site or in the surrounding area despite the higher priority in this chapter as
determined by the planning director or hearing examiner, as applicable.
Page 7of13
b. A complete alternative sites analysis provided under this subsection (F)(2) may
include less than five alternative sites so long as the applicant provides a factually
detailed written rationale for why it could not identify at least five potentially available,
higher ranked, alternative sites.
3. Required description of service objectives. For purposes of disqualifying potential
collocations and/or alternative sites for the failure to meet the applicant's service objectives
the applicant will provide:
a. A description of its objective;
b. Detailed technical maps or other exhibits with clear and concise RF data, or other
relevant information to illustrate or explain that the service objective is not met using
the alternative (whether it be collocation or a more preferred location); and
c. A description of why the alternative (collocation or a more preferred location) does not
meet the objective.
H. DAS and Small Wireless Facilities. As outlined in CMC 18.35.010, the city encourages, but
does not require, the use of DAS and small wireless facilities. Each applicant will submit a
statement that explains how it arrived at the structure and design being proposed.
I. Radio Frequency Emissions Compliance Report for WCF. A written report, prepared, signed and
sealed by a Washington -licensed professional engineer or a competent employee of the
applicant, which assesses whether the proposed WCF demonstrates compliance with the
exposure limits established by the FCC. The report shall also include a cumulative analysis that
accounts for all emissions from all WCFs located on or adjacent to the proposed site, identifies
the total exposure from all facilities and demonstrates planned compliance with all maximum
permissible exposure limits established by the FCC. The report shall include a detailed
description of all mitigation measures required by the FCC.
J. Noise Study. A noise study, prepared, signed and sealed by a Washington -licensed engineer,
for the proposed WCF and all associated equipment demonstrating compliance with CMC
9.32.050 Public Disturbance Noises.
K. Collocation Consent for WCFs. A written statement, signed by a person with the legal authority
to bind the applicant and the project owner, which indicates whether the applicant is willing to
allow other transmission equipment owned by others to collocate with the proposed wireless
communication facility whenever technically and economically feasible and aesthetically
desirable.
L. Other Published Materials. All other information and/or materials that the city may, from time to
time, make publicly available and designate as part of the application requirements.
18.35.070 - General development standards applicable to WCFs.
The following criteria shall be applied in approving, approving with conditions or denying a WCF that
is subject to a Type II or III review procedure. Unless otherwise provided in this chapter, WCF
construction shall be consistent with the development standards of the zoning district in which it is
located.
A. Tower Height. Refer to CMC Tables 18.35-1 and 2.
1. Setback Requirements. Refer to CMC Tables 18.35-1 and 2 for towers. All equipment
shelters, cabinets or other on -the -ground ancillary equipment shall be buried or meet the
setback requirement of the zone in which located.
2. Notwithstanding the setbacks provided for in Tables 18.35-1 and 2, when a tower is located
adjacent to a parcel zoned for residential (R, MF zones), the minimum setback from the lot
line for a new tower must be equal to the height of the proposed tower, unless the setback
is waived by the owner of the residentially zoned parcel.
Page 8 of 13
B. Landscaping. All landscaping shall be installed and maintained in accordance with this chapter.
Existing on-site vegetation shall be preserved to the greatest extent reasonably possible and/or
improved, and disturbance of the existing topography shall be minimized. The approval
authority may grant a waiver from the required landscaping based on findings that a different
requirement would better serve the public interest.
1. Tower bases, when fenced (compounds), or large equipment shelters (greater than three
feet by three feet by three feet), shall be effectively visually softened through the planting of
a fifteen -foot perimeter planting to include a combination of groundcover, shrubs and trees,
or as otherwise required based on the underlying zone or street standard.
2. If fencing is installed, it shall consist of decorative masonry or wood fencing. In commercial
districts other than the DC zone, and industrial zones, three strands of barbed wire may be
placed atop a lawful fence if the fence is not visible from an adjacent street or is placed
behind a sight -obscuring fence or wall. Electrified fences are not permitted in any zone.
Razor or concertina wire is not allowed.
3. Applicant shall demonstrate an irrigation plan is designed and will be in place to ensure the
full establishment of plantings for two years.
C. Visual Impact. All WCFs in residential zones and within one hundred fifty feet of residential
zones, including equipment enclosures, shall be sited and designed to minimize adverse visual
impacts on surrounding properties and the traveling public to the greatest extent reasonably
possible, consistent with the proper functioning of the WCF. Such WCFs and equipment
enclosures shall be integrated through location and design to blend in with the existing
characteristics of the site. Such WCFs shall also be designed to either resemble the
surrounding landscape and other natural features where located in proximity to natural
surroundings, or be compatible with the urban, built environment, through matching and
complimentary existing structures and specific design considerations such as architectural
designs, height, scale, color and texture, and/or be consistent with other uses and
improvements permitted in the relevant zone. If a new tower is proposed, the applicant must
demonstrate the need for a new tower and why alternative locations cannot be used to meet the
applicant's service objective.
D. Use of Stealth Design/Technology. The applicant shall make an affirmative showing as to why
they are not employing stealth technology. More specifically:
1. Stealth design is required in residential zones and to the extent shown in Tables 18.35-1
and 2. Stealth and concealment techniques must be appropriate given the proposed
location, design, visual environment, and nearby uses, structures, and natural features.
Stealth design shall be designed and constructed to substantially conform to surrounding
building designs or natural settings, so as to be visually unobtrusive. Stealth design that
relies on screening wireless communications facilities in order to reduce visual impact must
screen all substantial portions of the facility from view, to the extent technically feasible.
Stealth and concealment techniques incorporating faux -tree designs are limited to trees
native to the Pacific Northwest.
E. Lighting. For new wireless communication support towers, only such lighting as is necessary to
satisfy FAA requirements is permitted. All FAA -required lighting shall use lights that are
designed to minimize downward illumination. Security lighting for the equipment shelters or
cabinets and other on -the -ground ancillary equipment is also permitted as long as it is down
shielded to keep light within the boundaries of the site. Motion detectors for security lighting are
encouraged in residential, R and MF zones or adjacent to residences.
F. Signage. No facilities may bear any signage or advertisement(s) other than signage required by
law or expressly permitted/required by the city.
G. Code Compliance. All facilities shall at all times comply with all applicable federal, state and
local building codes, electrical codes, fire codes and any other code related to public health and
safety.
Page 9 of 13
H. Building -Mounted WCFs.
1. In residential (R, MF) zones, all transmission equipment shall be concealed within existing
architectural features to the maximum extent feasible. Any new architectural features
proposed to conceal the transmission equipment shall be designed to mimic the existing
underlying structure, shall be proportional to the existing underlying structure or conform to
the underlying use and shall use materials in similar quality, finish, color and texture as the
existing underlying structure.
2. In residential zones, all roof -mounted transmission equipment shall be set back from all
roof edges to the maximum extent feasible.
3. In all other zones, antenna arrays and supporting transmission equipment shall be installed
so as to camouflage, disguise or conceal them to make them closely compatible with and
blend into the setting and/or host structure.
I. WCFs in the Public Rights -of -Way. Except for DAS and small wireless facilities, which are
subject only to applicable Public Works design standards, WCFs in the public rights-of-way shall
meet the following:
1. Preferred Locations. Facilities shall be located as far from residential uses as feasible.
Facilities in the rights-of-way shall maintain at least a two hundred -foot separation from
other wireless facilities, except when collocated or on opposite sides of the same street.
2. Pole -Mounted or Tower -Mounted Equipment. All pole -mounted and tower -mounted
transmission equipment shall be mounted as close as possible to the pole or tower so as to
reduce the overall visual profile to the maximum extent feasible. All pole -mounted and
tower -mounted transmission equipment shall be painted with flat, non -reflective colors or
shades of either black, brown or grey that blend with the visual environment.
3. For all WCFs to be located within the right-of-way, prior to submitting for a building permit,
the applicant must have a valid municipal master permit, municipal franchise, or exemption
otherwise granted by applicable law, to the extent consistent with RCW 35.21.860.
J. Accessory Equipment. All equipment shall be located or placed in an existing building,
underground, or in an equipment shelter that is (a) designed to blend in with existing
surroundings, using architecturally compatible construction and colors; and (b) located so as to
be unobtrusive as possible consistent with the proper functioning of the WCF.
K. Spacing of Towers. Towers shall maintain a minimum spacing of one-half mile, unless it can be
demonstrated that physical limitations (such as topography, terrain, tree cover or location of
buildings) in the immediate service area prohibit adequate service by the existing facilities and
that collocation is not feasible under CMC 18.35.050.
L. Site Design Flexibility. Individual WCF sites vary proximity to adjacent buildings, existing trees,
topography and other local variables. By mandating certain design standards, there may result
a project that could have been less intrusive if the location of the various elements of the project
could have been placed in more appropriate locations within a given site. Therefore, the WCF
and supporting equipment may be installed so as to best camouflage, disguise them, or conceal
them, to make the WCF more closely compatible with and blend into the setting and/or host
structure, upon approval by the approval authority. The design flexibility allowed under this
subsection includes additional height for a tower located within tall trees on (i) city property or
(ii) other parcels at least five acres in size, so that the impact of the tower may be minimized by
the trees while still allowing for the minimum clearance needed for the tower to achieve the
applicant's coverage or other objectives. A formal exception from standards under CMC
18.35.090 is not required for proposals meeting this subsection by being a less intrusive design
option.
M. Structural Assessment. The applicant of a proposed tower shall have a structural assessment
of the tower conducted by a professional engineer, licensed in the State of Washington, which
Page 10 of 13
shall be submitted with the application for a building permit and demonstrate the structural
stability and carrying capacity for antennae.
18.35.090 - Exception from standards.
A. Applicability. Except as otherwise provided in this chapter (under Site Design Flexibility), no WCF
shall be used or developed contrary to any applicable development standard unless an exception
has been granted pursuant to this section. These provisions apply exclusively to WCFs and are in
lieu of the generally applicable variance and design deviation provisions in CMC Titles 17 and 18.
B. Procedure Type. A wireless communications facility exception is a Type III procedure.
C. Submittal Requirements. In addition to the general submittal requirements for a Type III application,
an application for a wireless communication facility exception shall include:
A written statement demonstrating how the exception would meet the criteria.
2. A site plan that includes:
a. Description of the proposed facility's design and dimensions, as it would appear with and
without the exception.
b. Elevations showing all components of the wireless communication facility as it would
appear with and without the exception.
c. Color simulations of the wireless communication facility after construction demonstrating
compatibility with the vicinity, as it would appear with and without the exception.
D. Criteria. An application for a wireless communication facility exception shall be granted if the
following criteria are met:
1. The exception is consistent with the purpose of the development standard for which the
exception is sought.
2. Based on a visual analysis, the design minimizes the visual impacts to residential zones through
mitigating measures, including, but not limited to, building heights, bulk, color, and landscaping.
3. The applicant demonstrates the following:
a. Compliance with this Chapter's standards would materially inhibit the ability of the provider
to provide wireless service
b. The service need can only be met through an exception to one or more of the standards in
this chapter; and
c. The exception is narrowly tailored to meet the service need such that the wireless
communication facility conforms to this chapter's standards to the greatest extent possible.
18.35.130 - Independent technical review.
Although the city intends for city staff to review administrative matters to the extent feasible, the city
may retain the services of an independent, radio frequency technical expert of its choice to provide
technical evaluation of permit applications for WCFs, including administrative and conditional use permits
but not including applications for small wireless facilities within the right-of-way,. The technical expert
review may include, but is not limited to (a) the accuracy and completeness of the items submitted with
the application; (b) the applicability of analysis and techniques and methodologies proposed by the
applicant; (c) the validity of conclusions reached by the applicant; and (d) whether the proposed WCF
complies with the applicable approval criteria set forth in this chapter. The applicant shall pay the
objectively reasonable and actual cost for any independent consultant fees, along with applicable
overhead recovery, through a deposit, estimated by the city, paid within ten days of the city's request.
When the city requests such payment, the application shall be deemed incomplete for purposes of
application processing timelines. In the event that such costs and fees do not exceed the deposit amount,
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the city shall refund any unused portion within thirty days after the final permit is released or, if no final
permit is released, within thirty days after the city receives a written request from the applicant. If the
costs and fees exceed the deposit amount, then the applicant shall pay the difference to the city before
the permit is issued.
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EXHIBIT "B"
18.35.051— Application review timeframes.
Instead of the generally applicable review timeframes in CMC Chapter 18.55, the following timeframes
apply to the review of WCFs:
A. The following application review timeframes for wireless communication facilities include any other
required permit review or process:
1. 60 days for collocations of small wireless facilities on existing structures;
2. 90 days for collocations of facilities, other than small wireless facilities, on existing structures;
3. 90 days for new construction of small wireless facilities; and
4. 150 days for new construction of facilities, other than small wireless facilities
B. If an initial application for small wireless facilities is deemed incomplete in a written notice within 10
days of application submittal, and the written notice clearly and specifically identifies the missing
documents or information, the review timeframe will be reset at the beginning of the applicable review
timeframe upon submittal of the missing documents and information (the resubmitted application).
C. If an initial application for other wireless facilities is deemed incomplete in a written notice within 30
days of application submittal, and the written notice clearly and specifically identifies the missing
documents or information, the review timeframe will pause (not reset) until the missing information is
submitted (the resubmitted application).
D. If a resubmitted application for wireless facilities, including small wireless facilities, is deemed
incomplete in a written notice within 10 days of application resubmittal and the written notice clearly
and specifically identifies the missing documents or information based on the original notice of
incompleteness, the review timeframe will pause (not reset) until the missing information is
submitted.
E. Pre -applications are encouraged but not required.
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