HomeMy WebLinkAboutO-2145 - Adds Ch. 19.43 and Sec. 19.06.701 – 19.06.710; amends Sec. 12.02.170(3)(g), 19.08.060, 19.08.100, 19.12.030, 19.12.040, 19.12.170 and 19.16.090; repeals Sec. 19.06.108, 19.06.110 and 19.06.160, wireless communication facilities (Repealed by 2852)CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.d.-/Y'S-
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AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON REGARDING
THE POLICIES AND DEVELOPMENT STANDARDS FOR THE SITING OF
WIRELESS COMMUNICATION TRANSMISSION FACILITIES TO LICENSED
COMMERCIAL MOBILE SERVICES AND COMMERCIAL COMMON CARRIER
WIRELESSEXCHANGEACCESSSERVICES,AND AMENDING MMC 19.08.060,
19.08.060(B),19.08.100(A),19.08.100(B),19.12.030(A),19.12.030(B),
19.12.040(A),19.12.040(B),19.12.170(B),19.16.090,12.02.170,AND
AMENDING MMC CHAPTER 19.06 TO ADD NEW SECTIONS 19.06.701
THROUGH 19.06.710,AND ADDING A NEW MMC CHAPTER 19.43 AND
REPEALING MMC SECTIONS 19.06.108,19.06.110,AND 19.06.160.
WHEREAS,the Telecommunications Act of 1996 has presented challenges and opportunities
to local govermnent as Wireless Personal Communication Services and wireless communication
facilities comprise a rapidly advancing segment of the utilities and communications sector; and
WHEREAS,the Federal Govermnent,through the Federal Communications Commission
(FCC), has issued wireless communication licenses for personal communication services and other
wireless technologies in order for those license holders to provide wireless services throughout the
United States of America; and
WHEREAS,the Mayor and the Marysville City Council have expressed an interest in
expanding the development of advanced telecommunications options within the City of Marysville;
and
WHEREAS,the City of Marysville has encouraged increased competition among all
telecommunications companies to offer our businesses and residents a state-of-the-art
telecommunications infrastructure that provides the widest variety of service options at the lowest
available costs; and
WHEREAS,Wireless Communications Facilities (WCFs) are supportive of the public health,
safety and welfare in that they provide useful portable communication services for personal
convenience, business and emergency purposes;and
WHEREAS,the FCC has required license holders to provide coverage to areas where
wireless communications licenses have been acquired and that this can require such facilities be
constructed in specified locations and manners determined by engineering standards to achieve such
coverage, and thus there may be limited ability to choose alternative locations; and
WHEREAS,the City of Marysville recognizes that the uncontrolled siting of wireless
communication towers and facilities,particularly in residential neighborhoods,could present
significant land use and aesthetic impacts if not sited carefully; and
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WHEREAS,the City of Marysville retains local zoning authority over the placement,
construction and modification of personal wireless services facilities so long as the City's regulations
are nondiscriminatory or are not based on health effects of radio frequency emissions; and
WHEREAS,additional WCFs should be reasonably regulated to minimize potential aesthetic
impacts to the surrounding area; and
WHEREAS,the City of Marysville owns real property and facilities that may present suitable
siting locations for wireless facilities with minimal disruptive impacts to Marysville neighborhoods;
and
WHEREAS,there is a need for new provisions in the zoning code to address the siting of
WCFs;
NOW,THEREFORE,the City Council of the City of Marysville, Washington, do ordain as
follows:
Section 1.MMC §19.06.108,MMC §19.06.nO and MMC §19.06.l60 are hereby repealed
in their entirety.
Section 2. MMC Chapter 19.06 is hereby amended to add the following sections:
19.06.701 Wireless Communications.Any personal wireless services as defined in the
Federal Telecommunications Act of 1996 which includes FCC licensed commercial wifeless
telecommunications services including cellular, personal communications services (PCS), specialized
mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that
currently exist or that may in the future be developed.
19.06.702 Wireless Communication Antenna Array.One or more whips, panels, discs, or
similar devices used for the transmission or reception of radio frequency signals, which may include
omni-directional antenna (whip), directional antenna (panel) and parabolic antenna (disc). The
Antenna Array does not include the Support Structure defined below.
19.06.703 Wireless Communication Facility (WCF). Any unstaffed facility for the
transmission and/or reception of wireless communications services, usually consisting of an Antenna
Array,transmission cables, and Equipment Facility, and a Support Structure to achieve the necessary
elevation.
19.06.704 WCF,Attached.An Antenna Array that is attached to an existing building or
structure (Attachment Structure), Whichstructures shall include but not be limited to utility poles,
signs, water towers, with any accompanying pole or device (Attachment Device) which attaches the
Antenna Array to the existing building or structure, transmission cables, and an Equipment Facility
which may be located either inside or outside of the Attachment Structure.
19.06.705 WCF,Co-Location.Use of a common WCF or common site by two or more
wireless license holders or by one wireless license holder for more than one type of communications
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technology and/or placement of a WCF on a structure owned or operated by a utility or other public
entity.
19.06.706 WCF,Equipment Facility.Any structure used to contain ancillary equipment
for a WCF which includes cabinets, shelters, a buildout of an existing structure,pedestals and other
similar structures.
19.06.707 WCF,Microcell.A wireless communications facility consisting of an antenna
that is either: (i) four feet in height and with an area of not more than five hundred eighty square
inches; or (ii)if a tubular antenna, no more than four inches in diameter and no more than six feet in
length.
19.06.708 WCF,Height.The distance measured from ground level to the highest point on
the WCF Support Structure, including the Antenna Array.
19.06.709 WCF,Temporary.A WCF which is to be placed in use for less than ninety (90)
days, is not deployed in a permanent manner, and does not have a permanent foundation.
19.06.710 WCF,Support Structure.A structure designed and constructed specifically to
support an Antenna Array, and may include a monopole, self-supporting (lattice) tower, guy-wire
support tower and other similar structures. Any device (Attachment Device) which is used to attach
an Attached WCF to an existing building or structure (Attachment Structure) shall be excluded from
the definition of an regulations applicable to Support Structures.
Section 3. MMC §19.08.060 is hereby amended so that all reference to "Minor
Communication Facility" in the land use table is repealed and deleted, and enacted and added to the
said land use table at the end thereof is the following:
SPECIFIC RU R4.5 R12-NB CB GC DC MU BP LI GI
LAND USE -8 28
Attached C C
P P P P P P P P
Wireless (5b) (5b)
Communication
Facility (5), (5a)
Wireless C C C C C C C C
P P
Communication (5b) (5b)
Facilities with
Support
Structures (5),
(5a)
Section 4. MMC §19.08.060 B 5a and b are hereby repealed, and enacted and added to the
said Development Conditions in their stead are the following:
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5. All Wireless Communication Facilities are subject to overall siting
criteria and WCF standards identified in Chapter 19.43.
(a) WCFs are permitted outright on all publicly owned properties meeting
the special setback requirements of 19.43.030(D).
(b)Only WCFs are permitted as an accessory structure on a
nonresidential land use in an R-zone, and subject to special setback requirements of
19.43.030(D).
Section 5. MMC §19.12.030 A is hereby amended, and enacted hereby and added to the end
of the Density and Dimensions table is the following:
R4.5 R6.5 R12 R18-28
WCF HEIGHT (17)60'60'60'60'
Section 6. MMC §19.12.030 B is hereby amended, and enacted hereby and added to the
Development Conditions is the following:
17. Heights may be increased to 160' on nonresidential land uses in R-
zones, including publicly owned facilities, if co-location is provided.
Section 7. MMC §19.12.040 A is hereby amended, and enacted hereby and added to the end
of the Density and Dimensions table is the following:
NB BC GC
DC MU BP LI GI
WCF HEIGHT (17)60'85' 85' 85'85'120'120' 120'
Section 8. MMC §19.12.040 B is hereby amended, and enacted hereby and added to the
development conditions is the following:
18. Heights may be increased to 120' in Commercial Zones, 140' in Industrial
Zones, including publicly owned facilities, if co-location is provided.
Section 9. MMC §19.16.090 is hereby amended, and enacted hereby and added to Table 1 is
the following:
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PROPOSEDUSE ADJACENT USE Width of Type of Buffer
Buffer
Wireless Communication Property designated 20'A*
Facilities with Support residential by the Marysville
Structure Comprehensive Plan
Wireless Communication Property designated 10'A*
Facilities with Support commercial by the Marysville
Structure Comprehensive Plan
Section 10. A new chapter of the Marysville Municipal Code is hereby enacted reading as
follows:
Chapter 19.43 WIRELESS COMMUNICATION FACILITIES
SECTIONS:
19.43.010
19.43.020
19.43.030
Purpose.
General requirements.
Wireless Communication Facility Standards.
19.43.010 Purpose.This chapter is intended to provide for a wide range of locations and
options for wireless communication providers while minimizing the unsightly characteristics
associated with wireless communication facilities and to encourage creative approaches in locating
wireless communication facilities which will blend in with the surroundings of such facilities.
19.43.020 General siting requirements.No new WCF facilities with support structures
shall be permitted unless the applicantdemonstrates to the reasonable satisfaction of the governing
authority that no existing tower or structure can accommodatethe applicant's proposed antenna.
Information submitted should support one or more of the following factors:
1.No existing towers or structures are located within the geographic area required to
meet applicant's engineering requirements. Co-location shall be encouraged where possible.
2. Existing towers or structures are not of sufficient height to meet applicant's
engineering requirements.
3. Existing towers or structures do not have sufficient structural strength to support
applicant's proposed antenna and related equipment.
4. The applicant's proposed antenna would cause electromagnetic interference with the
antenna on the existing towers or structures, or the antenna on the existing towers or structures would
cause interference with the applicant's proposed antenna.
5. The fees, costs, or contractual provisions required by the owner in order to share an
existing tower or structure to adapt an existing tower or structure for sharing are unreasonable. Costs
exceeding new tower development are presumed to be unreasonable.
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'.
6. The applicant demonstrates that there are other limiting factors that render existing
towers and structures unsuitable.
WCFs are permitted outright or as a conditional use in the zones identified in Chapter 19.08.
In addition, WCFs are permitted outright on publicly owned properties meeting the special setback
requirements identified in 19.43.030(D).
19.43.030 Wireless Communication Facility Standards.
A. Submittal requirements. An application for a building permit or conditional use
permit for a Wireless Communication Facility shall be on forms prescribed by the Planning
Department,and be accompanied by the following information:
L Site and landscaping plans drawn to scale;
2. Building and Tower elevations drawn to scale;
3. A description of the tower with documentation establishing its structural integrity for
the proposed uses;
4. A statement describing capacity and excess space, if any, and whether it will be
leased;
5.Proof of ownership of the proposed site or authorization to utilize it.
6. Copies of any easements necessary;
7. An area map identifying any existing wireless telecommunications towers;and
8. An analysis of the area containing existing topographical contours,tall buildings,and
other factors influencing the tower location.
9. Estimate number of potential towers needed at time of application for future use of a
ten-year period as a condition of review and approval.
B.Landscaping and Screening. WCF with support structures and equipment buildings
are subject to landscaping requirements in Chapter 19.16 of the MMC.
C.Aesthetics/Placement,Materials and Colors. WCF with support structures shall be
designed,to the extent possible,using materials,colors,textures,screening,and landscaping that will
blend the WCF with the natural setting and built environment.
Attached WCF shall be designed so that the antenna and supporting electrical and mechanical
equipment are a neutral color that is identical to, or closely compatible with, the color of the
supporting structure in order to visually obscure the WCF equipment.
D. Setback requirements. WCFs with support structures must comply with the setback
requirement identified in Chapter 19.12 for each zone.Construction of a WCF with support structure
on any R-zoned property must be set back the corresponding WCF height from an adjoining
residential property line.
E. Site improvements, frontage improvement requirements. Wireless communication
facilities with support structures must comply with frontage improvement requirements specified in
Chapter 12.02.170.
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F.Discontinuance or Abandonment. Any WCF that is not operated for a period of twelve
(12) months shall be considered abandoned, and the owner of such WCF shall remove the WCF
within ninety (90) days of receipt of notice from the governing authority notifying the owner of such
abandonment. If such WCF is not removed within said ninety (90) days, the governing authority may
remove the WCF at the owner's expense. If there are two or more users of a single WCF,then this
provision shall not become effective until all users cease using the WCF.
Section 11. MMC 12.02.170 is hereby amended and a new subsection (g) is hereby enacted
reading as follows:
(g)Construction of a wireless communication facility with support structure:frontage
improvements shall be completed prior to issuance of a building permit.
Section 12. MMC 19.06.160 is hereby REPEALED in its entirety.
Section 13. MMC 19.12.170 B is hereby amended to read as follows:
B.Fire or parapet walls,skylights,chimneys, smokestacks,church
steeples,and utility line towers and poles.
Section 14. MMC 19.08.100 A and B are hereby amended to read as follows:
19.08.100 A Regional land uses.
Specific Land Use
RU R4.5-8 R12-28 NB CB GC DC MU BP LI GI
Jail C C C
Public Agency Animal Control C C P
Facility
Public Agency Training Facility C1 Cl Cl C1 C2
Nonhydroelectric Generation C C C C C
C C P
Facility
Energy Resource Recovery C C
Facility
Soil Recycling/Incineration Facility C C P
Landfill C C C C
Transfer Station
C P P
Wastewater Treatment Facility C C C
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RU R4.5-8 R12-28 NB CB GC DC MU BP LI GI
Transit Bus Base C C P
Transit Park and Ride Lot C C C P P P P P
School Bus Base C3 C3 C3 C C C P
Racetrack C C5 C5 C5 C5 C5 P P
Fairground C P P P
Zoo/Wildlife Exhibit C6 C C
Stadium/Arena C C P
College/University C C C C P
P P
19.08.100 B DEVELOPMENT CONDITIONS.
1.Except weapons armories and outdoor shooting ranges.
2. Except outdoor shooting range.
3. Only in conjunction with an existing or proposed school
4. Reserved.
5. Except racing of motorized vehicles.
6. Limited to wildlife exhibit.
I PASSED by the City Council and APPROVED by the Mayor this 8{;tt.,day of
Szf~m &:.:r ,1997.
CITY OF MARYSVILLE
By (4;j uJffi«
MAYOR
CITY CLERK
Date of Publication:__..:..1...'-=--'--'--'---_
Approved as to form:
By /J~1:.uAe2
.CITY ATTORNEY
q//Olq,
Effective Date (5 days after publication):__-'-L-L,,4-L-l-_---,-__
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