HomeMy WebLinkAboutO-2625 - Concerning Wireless Communication Facilities, Amending MMC Chapter 19.06---------------
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CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.;,i.6d:>
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AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON,
CONCERNING WIRELESS COMMUNICATION FACILITIES,AMENDING MMC
CHAPTER 19.06,REPEALING,ADDING AND MODIFYlNG WIRELESS
COMMUNICATION FACILITY DEFINITIONS;AMENDING MMC SECTION
19.08.060 ESTABLISHING PERMITTED USES;AMENDING SECTION MMC
19.12.110,ALLOWING SETBACK MODIFICATIONS;AMENDING SECTION MMC
19.16.090,LANDSCAPE BUFFERS;AMENDING MMC CHAPTER 19.43,WIRELESS
COMMUNICATION FACILITIES;AMENDING MMC SECTION 20.04.050,
SUBDIVISION EXEMPTION FOR PERSONAL WIRELESS SERVICE.
WHEREAS,the City Council of the City of Marysville does find that from rime to time it is
necessary and appropriate to review and revise provisions of the City's Zoning Code (fide 19
MMC);and
WHEREAS,following a comprehensive review of the above-referenced City codes by City
staff, the Marysville Planning Commission held public meetings on January 10,February 14, and
March 14, 2006;and
WHEREAS,after providing notice to the public as required by law, on February 28, 2006, the
Marysville Planning Commission held a public hearing on proposed changes to the City's zoning
code and received public input and comment on said proposed revisions;and
WHEREAS,at a public meeting on April 24, 2006, the Marysville City Council reviewed and
considered the amendments to the zoning code proposed by the Maryville Planning Commission;
and
WHEREAS,the City Council finds it is in the public interest to regulate the location and
conditions for siting Wireless Communication Facilities; and
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON DO ORDAIN AS fOLLOWS,
Section 1:
MMC Chapter 19.06 is amended by repealing MMC 19.06.701,19.06.702,19.06.703,
19.06.704,19.06.706, 19.06.707, 19.06.708,and 19.06.709.
Section 2:
Chapter 19.06.700 -19.06.790 Titled WIRELESS COMMUNICATION FACIliTY DEFINITIONS.
(sections 19.06.700,19.06.705,19.06.710, 19.06.715, 19.06.720,19.06.725,19.06.730,19.06.735,
19.06.740,19.06.745,19.06.750,19.06.755,19.06.760,19.06.765,19.06.770,19.06.775, 19.06.780,
19.06.785, and 19.06.790) is hereby adopted and amended to Leadas follows:
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WIRELESS COMMUNICATION FACILITY DEFlNITIONS.
19.06.700 Antenna.
"Antenna"means any apparatus designed for the transmitting and/or receiving of
electromagnetic waves, including but not limited to:telephonic,radio or television
communications.Types of antenna elements include,but are not limited to:omni-directional (whip)
antennas,sectotized (panel)antennas,multi or single bay (FM &TV),yagi, or parabolic (dish)
antennas.
19.06.701-repealed
19.06.702 -repealed
19.06.703 -repealed
19.06.704 -repealed
19.06.705 Antenna Array.
"Antenna array"means a single or group of antenna elements and associated mounting hardware,
feed 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.
19.06.706 -repealed
19.06.707 -repealed
19.06.708 -repealed
19.06.709 -repealed
19.06.710 Antenna Support Structure.
"Antenna support structure"means a vertical projection composed of metal or other material with
or without a foundation that is designed for the express purpose of accommodating antennas at a
desired height Antenna support structures do not include any device used to attach antennas to an
existing building.unless the device extends above the highest point of the building by more than
twenty (20)feet.Types of support structures include the following:
(1)Guyed antenna support structure (A style of antenna support structure consisting of a
single truss assembly composed of sections with bracing incorporated.1be sections are
attached to each other,and the assembly is attached to a foundation and supported by a
series of wires that arc connected to anchors placed in the ground or on a building.)
(2)Lattice antenna support structure (A tapered style of antenna support structure that
consists of vertical and horizontal supports with multiple legs and cross-bracing and metal
crossed strips or bars to support antenna.)
(3)Monopole antenna support structure (A style of freestanding antenna support structure
consisting of a single shaft usually composed of two or more hollow sections that are in tum
attached to a foundation.This type of antenna support structure is designed to support itself
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without the use of guy wires or other stabilization devices.These facilities are mounted to a
foundation that tests on or in the ground or on a building's roof.)
19.06.715 Attached WCF
"Attached WeF'means an antenna or antenna array,including Rli-to-Iightwave converter
equipment,that is secured to an existing building.structure (not including an Antenna Support
Structure),utility pole,cross country electrical distribution tower,with or without any accompanying
new pole or device which attaches it to the building or structure,together with feed lines, and base
station,which rna)'be located either on the roof,inside or outside of the building or structure.
19.06.720 WCF equipment facility.
"WCF equipment facility"means an)'structure used to contain ancillary equipment for a WCF
which includes,base stations,cabinets,shelters,a buildout of an existing structure,pedestals and
other similar structures.
19.06.725 Base Station.
"Base Station"is the wireless service provider's specific electronic equipment used to transmit and
receive radio signals located within and including cabinets,shelters,pedestals or other similar
enclosures generally used to contain electronic equipment for said purpose.
19.06.730 Collocation.
«Collocation"means the practice of installing and operating multiple wireless carriers,service
providers.and/or radio common carrier licensees on the same antenna support structure or attached
wireless communication facility using different and separate antenna.feed lines and radio frequency
generatlng equipment.
19.06.735 Combined Antenna.
«Combined antenna"means an antenna or an antenna array designed and utilized to provide
multiple services or services for more than one wireless provider for the same or similar type of
services.
19.06.740 Concealed WCF
"Concealed WCF".sometimes referred to as a stealth or camouflaged facility,means the antenna or
antenna array.antenna support structure,base station,and feed lines are not readily identifiable as
such,and is designed to be aesthetically compatible with existing and proposed building(s)and uses
on a site.Examples of concealed attached facility include,but are not limited to the following:
painted antenna and feed lines to match the color of a building or structure,faux windows,dormers
or other architectural features that blend with an existing or proposed building or structure.
Examples of concealed antenna support structures can have a secondary,obvious function which
may be,but is not limited to the following:church steeple,windmill,bell tower,clock tower.cupola,
light standard,utility pole,flagpole with or without a flag,or tree.
19.06.745 Consolidation.
"Consolidation"means removal of one or several antenna support structure(s)or attached WCF
located within a 1,SOO-foot radius of the center of the consolidated antenna support structure and its
base station in order to encourage compliance with this chapter or to improve aesthetics or
functionality of the overall wireless network.
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19.06.750 FAA.
"F.A.A."means the Federal Aviation Administration.
19.06.755 FCC.
"FCC"means the federal Communications Commission.
19.06.760 Flush-Mounted.
"Flush-mounted"means any antenna or antenna array attached directly to the face of the antenna
support structure,structure,or building.Where a maximum flush-mounting distance is given,that
distance shall be measured from the outside edge of the support structure or building to the inside
edge of the antenna.
19.06.765 Least Visually Obtrusive Profile.
"Least visually obtrusive profile"means the design of a wireless communication facility
intended to present a visual profile that is the minimum profile necessary for the facility to properly
function.
19.06.770 Radio Frequency Emissions.
"Radio frequency emissions"means any electromagnetic radiation or other communications signal
emitted from an antenna or antenna-related equipment on the ground,antenna support structure,
building,or other vertical projection.
19.06.775 WCF height.
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 rop of the rower or if higher to the top of
the highest antenna or piece of equipment attached thereto.
19.06.780 Wireless Communications.
'Wireless communications"means any personal wireless service,which includes but is not limited
to,cellular,personal communication services (PCS),specialized mobile radio (SMR),enhanced
specialized mobile radio (ESMR),unlicensed spectrum services utilizing devices described in Part 15
of the FCC rules and regulations,e.g., wireless internet services and paging.
19.06.785 Wireless Communication Facility.
''Wireless communication facility"(\VCF)means any manned or unmanned location for the
transmission and/or reception of radio frequency signals,or other wireless communications,and
usually consisting of an antenna or group of antennas,feed lines,and base station,and may include
an antenna support structure.The following developments shall be deetned included in the general
definition of a WCF:developments containing new,consolidated,or existing antenna support
structures,public antenna support structures,and collocation on existing antenna support structures,
collocation onto existing utility pole or cross-country electrical distribution tower.attached antennas
or antenna ll.rrays,base stations and feed lines whether concealed,or nonconccalcd.Included in this
definition are:non-commercial amateur radio,amateur ham radio and citizen band antennas,satellite
earth stations and antenna support structures,and antennas and/or antenna arrays for
AM/FM/TV/HDTV broadcasting WCFs.
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19.%.790 Wireless Right-of-Way Usc Agreement.
'Wireless Right-of-Way Use Agreement"or ''WROWA''means the initial authorization,or renewal
of an agreement to construct in,under,over (if permitted by City regulations),or across public ways
of the City and to also provide wireless telecommunications service to persons or areas in the City.
Section 3:
:MMC Chapter 19.0B is hereby amended to read as follows:
19.08.060 Government/business service land uses.
11\Table.
Specific Land Use
RU R R 12-NB CB GC DC MU Bp LI GI4.5-8 28
Government Services:
Public agency office C I' I' I' I' I' I' I' I'
Public utility yard I'I'
Public safety facilities,including CI CI CI PI I'I'I' I' I'police and fire
Utility facility I'I'I' I'I' I'C I'I' I'
Private stormwater management 1'7 1'7 1'7 I'I' I' I' I'I'I'I'facility
Public stormwater management 1'7 1'7 1'7 P I' I'I'1'7 I' I'Pfacility
Business Services:
Contractors'office and storage yard 1'2 1'2 1'2 P I'
Taxi stands I'I'
Trucking and courier service 1'3 1'3 I'I'
Warehousing and wholesale trade I'I'I'I'
Self-service storage (14)C4 I'I'I'I'
Freight and cargo service I'I'I'I'
Cold storage warehousing I'I'
General business service and office I' I' I' I'1'2 I'I'I'(9)
Commercial vehicle storage I'I' I'
Professional office I' I'P I' I'I'I'
Miscellaneous equipment rental 1'2.CIG 1'2,15 I'l'15
Automotive rental and leasing I'I'
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Automotive parking 1'6 1'6 1'6 I'I'I'I' I' I'
I' I'
Research,development and testing I'P I'I'
Heavy equipment and truck repair I'I'
Automobile holding yard e I'p
Model house sales office PIa PIa
Commercial/industrial accessory uses 1'17,1'17 1'17 1'17,1'17,I'p I'18 18 18
Adult facility 1'8
Factory built commercial building I' I' I' I'
I'I'P(11)
Wireless communication facility (5)r.c r,c r.c r.c r.c r.c r.c
r.c r.c r.c
(2)Development Conditions.
1.a.All buildings and structures shall maintain a minimum distance of 20 feet from property lines
adjoining residential zones;
b.Any buildings from which fire-fighting equipment emerges onto a street shall maintain a distance
of 35 feet from such street.
2.No outdoor storage of materials or vehicles.
3.Limited to self-service household moving truck or trailer rental accessory to a gasoline service
station.
4.Accessory to an apartment development of at least 12 units provided;
a.The gross floor area ill self-service storage shall not exceed 50 percent of the total gross floor area
of the apartment dwellings on the sire;
b.All outdoor lights shall be deflected,shaded and focused away from all adjoining property;
c.The use of the facility shall be limited to dead storage of household goods;
d.No servicing or repair of motor vehicles,boats,trailers,lawn mowers or similar equipment;
e.No outdoor storage or storage of flammable liquids,highly combustible or explosive materials or
hazardous chemicals;
f.No residential occupancy of the storage units;
g.No business activity other than the rental of storage units to the apartment dwellings on the site;
and
h. A resident manager shall be required on "thesite and shall be responsible for maintaining the
operation of the facility in conformance with the conditions of approval.
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s.All WCFs and modifications to WCFs are subject MMC 19.43 including but not limited to the
Siting Hierarchy,MMC 19.43.060.WCFs may be a Permitted Usc or a CUP may be required subject
to MMC 19.43.040.
6.Limited to commuter parking facilities for users of transit,carpools or ride-share programs,
provided:
a.They are located on existing parking lots for churches,schools,or other permitted nonresidential
uses which have excess capacity available during corrunuting hours;and
b.The site is adjacent to a designated arterial that has been improved to a standard acceptable to the
department.
7.Such facilities shall be located on the same lot that they arc designed to serve,except in
subdivisions they shall be set aside in a separate tract.
8.Subject to the conditions and requirements listed in MMC 19.46.070.
9.Billboards arc only permitted within the GC,and BC zones along State Avenue NE,and must
comply with all requirements and standards of the sign code.
10.a.The planning director may approve construction of model homes subject to the following
conditions:
i.No model home shall be constructed without the issuance of a building permit;
ii.In no eventshall the rotal number of model homes in a preliminary subdivision be greater than
rune;
iii.A hard-surfaced roadway to and abutting all model homes shall be constructed to standards
determined by the city engineer or designee;
iv.Operational fire hydrant(s)must be available in accordance with the International Fire Code;
v.Submittal of a site plan,stamped by a registered civil engineer or licensed surveyor,delineating the
location of each structure relative to existing and proposed utilities,lot lines,casements,roadways,
topography and sensitive areas;
vi.Submittal of building permit applications for each of the proposed structures;
vii.Approval of water,sewer and storm sewer extension plans to serve the proposed structures;and
viii.Execution of an agreement with the city saving and holding it harmless from any damages,
direct or indirect,as a result of the approval of the construction of model homes on the site.
b.Prior to occupancy of any model home,the final plat of the subject subdivision shall be approved
and recorded.
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11. A factory-built commercial building may be used for commercial purposes subject to the
following requirements:
a.A factory-built commercial building must be inspected at least two times at the factory by the
State Building and Electrical Inspector during the construction process,and must receive a state
approval stamp certifying that it meets all requirements of the Uniform Building and Electrical
Codes.At the building site the city building official will conduct foundation,plumbing and final
inspections;and
b. A factory-built commercial building cannot be attached to a metal frame allowing it to be mobile.
All structures must be placed on a permanent,poured in place foundation.The foundation shall be
structurally engineered to meet the requirements set forth in Chapter 16 of the Uniform Building
Code.
12.Reserved.
13.fupeaM by o-«2151.
14.Any outdoor storage areas are subject to the screening requirements of the landscape code.
15.Except heavy equipment.
16.With outdoor storage and heavy equipment.
17.Incidental assembly shall be permitted;provided,it is limited to less than 20 percent of the
square footage of the site excluding parking.
18.Light industrial uses may be permitted:provided,there is no outdoor storage of materials,
products or vehicles.
19.Not permitted in Downtown Planning Area #1.
Section 4:
MMC Section 19.12.110 is hereby amended to read as follows:
19.12.110 Setbacks -Modifications.
The following setback modifications are permitted:
(1)When the common property line of two lots is covered by a building(s),the setbacks required
by this chapter shall not apply along the common property line;and
(2)When a lot is located between lots having nonconforming street setbacks,the required street
setback for such Jot may be the avcrage of the two nonconforming setbacks or 60 percent of the
requited street setback,whichever results in the greater street setback.
(3)When a base station or WCF equipment is proposed for placement on private property
abuting ROW the setback may be administratively reduced provided applicant demonstrates good
cause for such reduction and adequete area for screening and landscaping is provided.
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Section 5:
1\·IMC Section 19.16.090 is hereby amended to read as follows:
19.16.090 Required landscape buffers.
TABLEt
Proposed use Adjacent use
. Width of Type of
buffer buffer
Commercial Property designated single-family by the Marysville 20'A*comprehensive plan.
Commercial Property designated multiple-family by the 10'B*Marysville comprehensive plan.
Commercial,industrial and Public right-of-way or private access roads 30 feetbusinessparkparkingareas 10'C
and drive aisles
wide or greater.
Commercial,industrial and
business park parking areas Public arterial right -0 f-way.20'C
and drive aisles
Industrial and business parks Property designated residential by the Marysville 25' Acomprehensiveplan.
Industrial and business park 1-5or S.R. 9 right-of-way.25'Bbuildingandparkingareas
Apartment,townhouse,or Property designated single-family by the Marysville 10'A*group residence comprehensive plan.
Stonn water management Public right-of-way or private access roads 30 feet 5'E***facility wide or greater. ***
Outside storage or waste area 5'A**or above ground utility boxes
WCF and!or base station not Property designated residential by the Marysville
in ROW.Comprehensive Plan or on property designated 10'A
residential by the Comprehensive Plan.
>1'=Plus a six-foot sight-obscuring fence or wall.
**Or a six-foot sight-obscuring fence or concrete wall.
***Screening of storm water facilities shall be extended to cover allsides visible from a public right-
of-way and shall be consistent with Section 4.1 (34-38)of the Administrative Landscaping
Guidelines.
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Section 6:
Chapter MMC 19.43 is hereby amended to read as follows:
WIRELESS COMMUNICATION FACILITIES
19.43.010
19.43.020
19.43.030
19.43.040
19.43.050
19.43.060
19.43.070
19.43.080
19.43.090
19.43.100
19.43.110
Purpose.
Applicability.
Exemptions from land use review.
Permit Required.
Application Requirements.
Siting heirarchy.
General requirements.
Design Standards.
Technical Evaluation.
Interference.
Cessation of use.
19.43.010 Purpose.
The purpose of this chapter is to:
(1)Establish dear regulations for the siting and design ofWirclcss 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 unpacts ofWCFs 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.
(1)Respond to the policies embodied in the Telecommunications Act 011996 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.
19.43.020 Applicability.
(1)If a conflict arises between this chapter and the provisions of another chapter regarding wireless
communication facilities this chapter shall govern.
(2) Facilit.ies regulated by this chapter include the construction,modification,and pillcement of all
WCFs,FCC regulated amateur radio antenna,dish antennas.and any antennas used for !\£MDS or
Wireless Cable,and wireless service facilities {i,e.cellular phone service,PCS-personal
communication services,wireless paging services,'wireless int.ernet.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;(b)Do not have the
effect of prohibiting personal wireless services within the City of Marysville.
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19.43.030 Exemptions from land use review
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 are exempt from the provisions of this chapter except MMC
19.43.040 and 19.43.120.
(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
twenty feet above grade:in residential districts and thirty-five feet above grade in all other zoning
districts.
(4)A temporary,commercial wireless communications facility, for the purposes of providing
coyerage of a special event such as news coverage or sporting event,subject to approval by the City,
except that such facility must comply with aU federal and state requirements.Said wireless
communications facility may be exempt from the provisions of this chapter up to one week prior
and one week after the special event.
(5)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 he done in compliance with the City's adopted
building code.(In the event a building permit is required for non-emergency maintenance,
reconstruction,repair or replacement,filing of the building permit application shall be required prior
to the conunencement of such non-emergency activities.)
(6)Antenna modifications provided there is no increase in the height of the antenna support
structure.
19.43.040 Permit Required.
The following table summarizes the type of proposal and required land usc approvals.All proposals
bi th hi h f tho haresubrectto e smnz I rerarcnv re uircments 0 IS C a ter.
Concealed weI'Concealed Flush or non-flush New Combine Amateur
Attached Consolidati Collocatio mounted antenna Concealed don Radio
WCF on n on existing antenna Antenna existing Antennas
support structure Support WCF
Structure
P1 e PI P1 c PI P2
C C C
e
P -Permirted Use -The use IS allowed subject to the requu:ements of the code.
C -Conditional Use Permit-The usc is allowed subject to the conditional use review procedures
and requirements of the code.
Notes:
1.Ifthe proposal does notextendthe height bJ'more than 40:or above the maximum allowed WCF heightfor the
zone,andit is demonstrated the proposal is consistent with mo'preoious relevant approval conditions.
2..Amateer Radio Antennas are permitted sHo/ect 10 MMe 19.43.120.
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19.43.050 Application requirements.
In addition to any information required for CUP,ROW permit,or building pennit 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)A stamped statement by a State of Washington Registered Professional Engineer that the
support structure shall comply with EIA/TIA-222-F (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
(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.
(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 Siting
Hierarchy.
(4)Where a permit for an attachment or collocation 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 currendy 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 (propagation map).
(6)If applicable,approved franchise agreement
(7)Other information as the Director of Community Development may reasonably require.
(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.
19.43.060 Siting Hierarchy
Siting of antenna 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 1a,1b,1c,1d,
le,2a, 2b, 2c, 2d, 3a, 3b, 3c, 3d,and 3e.Where a lower ranking alternative is proposed,the applicant
must submit 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 technically feasible or justified
given the location of the proposed wireless communications facility and network need.
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Example:
Anewfaci!i!]meeting the definition of a Concealed Consolidated WCF isproposed;the applicant
demonstrates that the new ftcili!]cannot be sited under hierarc!?y 1a-1 e.The applicant then demonstrates the
new facili!]cannot be sited under hierarc!?y 2aor2b.The applicant then moves to hierarc'D'2candis able to
propose a site.
(1)Concealed Attached WCF that is:attached to an existing concealed or non-concealed Antenna
Support Structure (if attached to a non-concealed antenna support structure,concealment will be
done if determined by the Community Development Director to aid in concealment):
(a)Within City classified arterial and collector right-of-way.
(b)Within public parks,public open spaces,and on other publicly-owned land.
(c)Within other,not arterial or collector,City street right-of-way.
(d)In any non-residential zoning district.
(e) In residential zoning districts on lots not used for single-family residential purposes.
(2)Concealed Consolidation that is a Consolidation of Antenna Support Structures:
(a)Within City classified arterial right-of-way.
(b)Within public parks,public open spaces,and on other publicly-owned land.
(c)In any non-residential zoning district.
(d)In residential zoning districts on lots not used for single-family residential purposes.
(3)New concealed antenna support structure:
(a)Within City classified arterial right-of-way.
(b)Within public parks,public open spaces, and on other publicly owned land.
(c)Within other City street right-of-way.
(d) In any non-residential zoning district.
(e)In residenrial zoning districts on lots not used for single-family residential purposes.
19.43.070 General requirements.
(1)Within public parks,public open space,other public property,and right-of-way the placement of
antennas on existing structures,such as power poles,light poles for streets and parking lots, light
standards for recreational fields and antenna support structures,is the preferred option subjectto
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 may be replaced with a new structure,provided the new structure:
(a)Serves the original purpose.Utility poles,if replaced,must be of similar appearance and
composition as adjacent utility poles,
(b)Does not exceed the original height by 4{)feet or the maximum height allowed by this
chapter.(Any height increase in excess of 40 feet will require a conditional use permit.)
(c) Meets all the requirements of this chapter.
(2)Concealed attached antenna shall comply with the following requirements:
(a)Concealed antennas shall reflect the visual characteristics of the structure to which it is
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 antenna 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
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(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)The top of the concealed attached WCF shall not be more than 40 feet above the existing
or proposed nonresidential building or structure,or more than 15 feet above a residential
building.Maximum height must be consistent with MMC 19.43.080(3).
(c)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 Structure shall comply with the following requirements:
(a)Upon application for a new concealed antenna support structure 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-quatter 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 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 Title
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
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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 sixty (60) feet in height shall be
engineered and constructed to acconunodate no less than two (2)antenna arrays.All
concealed antenna support structures between sixty-one (61) feet and one hundred (100) feet
shall be engineered and constructed to acconunodate no less than three (3)antenna arrays.
All concealed antenna support structures between one hundred and one (101)and one
hundred and forty (140)feet shall be engineered and constructed to acconunodate no less
than four (4)antenna arrays.
(g)'Those providing for collocation shall also submit a plan for placement of base station
equipment for potential future providers and/or services provided by additional antenna
arrays.
(h)Grading shall be minimized and limited only to the area necessary for the new WCE
(4)Consolidation ofWCFs shall comply with the following requirements:
Consolidation of two (2)or more existing WCFs may be permitted pursuant to the provisions of
this chapter including a CUP and consideration of the following:
(a)WCF consolidation shall reduce the number ofWCFs.
(b)If a consolidation involves the removal of WCFs from two or more different sites and if
a consolidated WCF is to be erected on one of those sites, it shall be erected on the site that
provides for the greatest compliance with the standards of this chapter.
(c)Consolidated WCFs shall be Concealed.
(d)All existing base station and ancillary equipment shall be brought into compliance with
this chapter.
(e)New WCFs approved for consolidation of an existing WCF shall not be required to meet
new setback standards so long as the new WCF and its base station and ancillary structures
are no closer to any property lines or dwelling units as the WCF and base station and
ancillary structures being consolidated.For example,if a new WCF is replacing an old one,
the new one is allowed to have the same setbacks as the WCF being removed,even if the old
one had nonconforming setbacks.
(f)If the consolidated WCF cannot meet the setback requirements it shall be located on the
portion of the parcel on which it is situated which, giving consideration to the following,
provide the optimum practical setback from adjacent properties:
(i)Topography and dimensions of the site;
(ii)Location of any existing structures to be retained.
(5)Collocated or Combined Facilities shall comply with the following requirements:
(a)Collocation of antennas onto existing antenna support structures meeting the
dimensional standards of this chapter are permitted outright.Antenna mounts shall be flush-
mounted onto existing antenna support structure;unless it is demonstrated through RF
propagation analysis that flush-mounted antennas will not meet the network objectives of
the desired coverage area.Furthermore,an antenna shall only extend vertically above the
uppermost portion of the structure to which it is mounted or attached,as follows:
(i)Not more than 20 feet on a nonresidential structure;and
(ii)Not more than 15 feet on a multi-family structure.
(b)Collocation of antennas onto a new antenna support structures constructed after the
effective date of this chapter shall be concealed.
(c)At the time of installation, the WCF base station and ancillary structures shall be brought
into compliance with any applicable landscaping requirements.
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(d)A collocated or combined WCF, its new base station, and any new ancillary structures
shallbe subject to the setbacks of the underlying zoning district.
(e)When a collocated or combined WCF is to be located on a nonconforming building or
structure, then it will be subject to the Nonconfonning provisions of the Marysville
Municipal Code.
19.43.080 Design standards.
(1)All WCF's shall:
a. Be designed and constructed to present the Least Visually Obtrusive Profile.
b. Use colors such as grey, blue, or green that reduce visual impacts unless otherwise
required by the City of Marysville,FAA, or FCC.
c.Flush-mount antenna when feasible.Non-flush mounted antennas are allowed only upon
written demonstration by the applicant that flush-mounting is not feasible.
(2)Base Stations.
(a)Base stations that are not located underground shall not be visible from public views.
(b)New base stations and ancillary 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 building
materials of existing buildings or structures on the property,and alternative site placement to
allow the use of topography,existing vegetation or other structures to screen the base station
and ancillary structures from pedestrian views.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 site plan shall be provided to demonstrate how all
potential base stations and ancillary structures will be accommodated within the vicinity of
theWCF.
(3)Height standards.
The height of the antenna support structure shallbe 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.The height of any WCF shall not exceed
the height provided in the table below.
Note:(1)Height limits 10 nght-of-way shall be forty feet (40')above existing utility or lIghtpoles
provided it does not exceed the allowed height for the zone abutting the right-of-way as
listed above,except as provided in Note 3 below.
(2)New antenna support structures must comply with MMC 19.43.070(3)(e)-(g).
(3)Height limits provided above may be exceeded only when antenna placement is on an
existing structure and does not extend the height of the existing structure by more than 30
feet on nonresidential structures and 15 feet on residential structures.
Zone Maximum Height
GC,DC,CB, NB, GI, LI, MU 140'
R4.5-R28 80'
Onen Snace &Recreation 140'..
(a) Increases to the height of an existing antenna support structure are permitted provided:
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(i)It 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
MMC;
(iii)Necessary to accommodate an actual collocation of the antenna for additional
service providers or to accommodate the current provider's 'antenna required to
utilize new technology, provide a new service, or increase capacity;
(iv)Height increases are limited to no more than 40 feet above the height of the
existing antenna support structure unless explicitlyallowed in the CUP;
(v)A nonconformance shall not be created or increased, except as otherwise
provided by this chapter;
(vi)A detailed certification of compliance with the provisions of this section is
prepared,submitted,and approved.
(4)Setback requirements.
(a)Antenna support structures outside of the right-of-way shall have a setback from
property lines of ten (10) feet from any property line and fifty (50) feet or one foot setback
for 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 is authorized when reviewing applications for new
antenna support structures and consolidations:
(i)Whether existing trees and vegetation can be preserved in such a manner that
would most effectivelyscreen 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;
(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)All ground mounted base stations and ancillary structures shall be enclosed with'an
opaque fence or fully contained within a building. In all Residential Zones,or a facility
abutting a Residential Zone,or in any zone when the base station and ancillarystructures
adjoin a public right-of-way, the fence shall be opaque and made of wood,brick, or masonry.
In commercial or industrial zones, if a chain link fence is installed slats shall be woven into
the security fence. All fencing shall be subject to MMC 19.14.160.
(b)Landscaping shall be done in accordance with MMC Chapter 19.16.
(iii)When a fence is used to prevent access to a WCF or base station, any
landscaping required shallbe placed outside of the fence.
(iv)Landscaping provisions may be modified in accordance with MMC 19.16.130.
(6)Lighting standards.
Except as specificallyrequired 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 lightin daylight and red blinking light at dusk and nighttime)
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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 consistent with FAA and FCC
requirements.
\!)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 two
hundred twenty (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 twenty (20) feet and attached to the
fence or wall shall display in large, bold, high contrast letters (minimum
letter height of four (4)inches)the following:HIGH VOLTAGE -DANGER.
(8)Sounds.
Maximum permissible sound levels to intrude into the real property of another person from a
wireless communication facility 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.
19.43.090 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 license.The engineer will provide technical evaluation of permit
applications for WCFs.The applicant shall pay all the costs of said review.
19.43.100 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 Practices Guide," released by the FCC in February
2001,including the "Good Engineering Practices," as may be amended or revised by the FCC from
rime 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 srudies 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.
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19.43.110 Cessation of use.
Discontinuance or Abandonment.Any WCF that is not operated for a period of 12 months shall be
considered abandoned,and the owner of such WCF shall remove the WCF within 90 days of receipt
of notice from the governing authority notifying the owner of such abandonment.If such WCF is
not removed within said 90 days, the governing authority may remove the WCF at the owner's
expense. An extension may be requested and granted for up to 12 months by the Community
Development Director if good cause is shown,the WCF is maintained,and conditions would not be
detrimental to the public health,safety,or general welfare.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.
19.43.120 Amateur Radio Antennas.
Amateur Radio Antennas and support structures are subject to the following:
1.Maximum height shall be seventy-five feet (75'),measured pursuant to the definition of
WCF height.
2.Antennas or antenna support structures shall not be permitted in any setback area or within
any front yard area.
Section 7:
MMC Sub-section 20.04.050(2) is hereby amended to read as follows:
20.04.050 Applicability -Exemptions
(2)Exemptions.
(a)The provisions of this tide as they relate to subdivisions shall not apply to:
(i)Cemeteries and other burial plots while used for that purpose;
(ii)A division made by testamentary provisions,or the laws of descent;
(iii)Boundary line adjustments pursuant to the city boundary line adjustment ordinance;
(iv)A division which is made by subjecting a portion of a parcel or tract of land to Chapter
64.32 RCW (Horizontal Property Regimes Act) or Chapter 64.34 RCW (Condominium Act) if the
city has approved a binding site plan for all such land,and the requirements of RCW 58.17.040(7)
have been met;
(v)A division of land into lots, tracts or parcels classified for business,commercial and
industrial use pursuant to the city's binding site plan ordinance;
(vi)A division for the purpose of lease when no residential structure other than mobile
homes or travel trailers are to be placed upon the land when a binding site plan has been approved
by the city for the use of the land,pursuant to Chapter 19.30 MMC,Mobile/Manufactured Homes
and Chapter 19.31l'\1MC,Recreational Vehicle Parks.
(vii) A division for the purpose of leasing land for facilities providing personal wireless
service while used for that purpose.
(b)The provisions of this tide as they relate to short subdivisions shall not apply to:
(i)Cemeteries and other burial plots while used for that purpose;
(ii)A division made by testamentary provisions,or the laws of descent;
(iii)Boundary line adjustments pursuant to the city boundary line adjustment ordinance;
(iv)A division which is made by subjecting a portion of a parcel or tract of land to Chapter
64.32 RCW (Horizontal Property Regimes Act)or Chapter 64.34 RCW (Condominium Act) if the
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city has approved a binding site plan for all such lands, and the requirements of RCW 58.17.040(7)
have been met;
(v)A division of land into lots, tracts or parcels classified for business, commercial and
.industrial use pursuant to the city's binding site plan ordinance;
(vi)A division for the purpose of lease when no residential structure other than mobile
homes or travel trailers are to be placed upon the land when a binding site plan has been approved
by the city for the use of the land,pursuant to Chapter 19.30 MMC,Mobile/Manufactured Homes
and Chapter 19.31 MMC,Recreational Vehicle Parks; and
(vii)A division or redivision of land for the purpose of sale, lease or transfer of ownership
which is done in accordance with the subdivision requirements of this title; and
(viii)A division of land for city governmental purposes limited to the acquisition of land for
right-of-way and detention facilities.
(ix)A division for the purpose of leasing land for facilities providing personal wireless
service while used for that purpose.
Section 8.Severability.If any section, subsection, sentence, clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality thereof shall not affect the validityor constitutionality of any other
section, subsection, sentence, clause,phrase or word of this ordinance.
PASSED by the CityCouncil and APPROVED by the Mayor this J 'fbL,day of
(+M-0 ,2006,I
CITY OF MARYSVILLE
By:
DENNIS L.KENDALL,MAYOR
Attest:
By:
,
5/0 {/tJ{PEffectiveDate:
Date of Publication:
Approved as to.form:.n
By:,/J~I<.W~
GRANT K.WEED,CITY ATTORNEY
t-{lu./P&
(5 days after publication)
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