HomeMy WebLinkAboutO-2772 - Amends Sec. 19.43.030, 19.43.040, 19.43.050, 19.43.060, 19.43.070 and 19.43.080, wireless communication facilities (Repealed by 2852)CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE No.;A-r7J...
AN ORDINANCE OF THE CITY OF MARYSVILLE,
WASHINGTON, AMENDING CHAPTER 19.43 OF THE
MARYSVILLE MUNICIPAL CODE BY AMENDING
SECTIONS 19.43.030, 19.43.040, 19.43.050, 19.43.060, 19.43.070
AND 19.43.080, RELATING TO WIRELESS
COMMUNICATION FACILITIES AND INCLUDING
EXEMPTIONS FROM LAND USE REVIEW, PERMIT
REQUIRED, APPLICATION REQUIREMENTS, SITING
HIERARCHY, GENERAL REQUIREMENTS, AND DESIGN
STANDARDS.
WHEREAS, the City Council of the City of Marysville does find that from time
to time it is necessary and appropriate to review and revise provisions of the City's
Zoning Code (Tide 19 MMO; and
WHEREAS, following a comprehensive review by City staff of Ch. 19.43 MMC,
relating to Wireless Communications Facilities, the Marysville Planning Commission held
public meetings on July 22,2008, October 14, 2008 and February 10, 2009; and
WHEREAS, after providing notice to the public as required by law, on March
10, 2009, the Marysville Planning Commission held a public hearing on the proposed
changes to the City's zoning code proposed by the Marysville Planning Commission; and
WHEREAS, the City of Marysville has submitted the proposed development
regulation revisions to the Washington State Department of C..ommunity, Trade, and
Economic Development as required by RCW 36.70A.106; and
WHEREAS, the City has complied with the requirements of the State
Environmental Policy Act, Ch.43.21CRCW, (SEPA) by adopting a determination of
non-significance for the adoption of the proposed revisions to the City's development
regulations;
WHEREAS, the zoning code text amendments proposed for adoption in this
ordinance are consistent with the following required findings of MMC 19.56.030:
(1) The amendments are consistent with the purposes of the comprehensive plan;
(2) The amendments are consistent with the purpose of Tide 19 MMC;
(3) There have been significant changes in the circuffi'ltances to warrant a change;
ORDINANCE -WIRELESS COMMUNICATION fACILITIES p. I of 12
(4) The benefit or cost to the public health, safety and welfare is sufficient to warrant
the action; and
WFIEREAS, the City Council finds it is in the public interest to revise the Citis
regulations relating to the location and conditions for siting Wireless Communication
Facilities as provided herein; and
NOW, TIlEREFORE, TIlE OTY COUNOL OF TIlE OTY OF
MARYSVILLE, WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1: Chapter 19.43 of the Marysville Municipal Code is hereby amended
by amending MMC 19.43. 030 to read as follows:
19.43.030 Exemptions from land use review.
The following are exempt from the provisions of this chapter:
(1) Amateur radio antenna operated bya 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 20 feet above grade in residential districts and 35 feet above
grade in all other zoning districts.
(4) A temporary commercial wireless communications facility, for the purposes of
providing coverage of a special event such as news coverage or sporting event, subject to
approval by the city, except that such facility must comply with all federal and state
requirements. Said wireless communications facility may be exempt from the provisions
of this chapter up to one week 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, and filing of the building permit application shall be
done in compliance with the citis adopted building code. (In the event a building permit
is required for nonemergency maintenance, reconstruction, repair or replacement, filing
of the building permit application shall be required prior to the commencement of such
nonemergencyactivities.)
(6) Antenna modifications (replacement of existing antennas only), provided there is no
increase in the height of the antenna support structure and provided that the size of the
replaced antennas is not increased.
Section 2: Chapter 19.43 of the Marysville Municipal Code IS hereby amended by
amending MMC 19.43. 040 to read as follows:
ORDINANCE -WIRELESS COMMUNICATION FACILITIES p. 2 of 12
19.43.040 Pennit required.
The following table summarizes the type of proposal and required land use approvals.
All I b" h h"h" f h"IS Chapter.proposa s are su Ject to t e sltmg Ierarc y reqUIrements 0 t
Concealed
Attached
WCF
WCF
Consolidation
Concealed
Co
location
Flush-or
Nonflush-
Mounted
Antenna on
Existing
Antenna
Support
Structure
New
Concealed
Antenna
Support
Structure
Combined
on
Existing
WCF
Amateur
Radio
Antennas
Pl,3 C Pl Pl C Pl P2
C C C C
P -PermItted Use. The use IS allowed subject to the requirements of the code.
C -Conditional Use Permit. The use is allowed subject to the conditional use review
procedures and requirements of the code.
Notes:
1. If the proposal does not extend the height of a structure outside of public right
of-way by more than 40 feet, the structure is in compliance with the maximum
allowed WCF height for the zone, and it is demonstrated that the proposal is
consistent with any previous relevant approval conditions.
2. Amateur radio antennas are permitted subject to MMC 19.43.120.
3. Concealed attached WCF proposed within the public right-of-way are subject to
19.43.070(3) MMC.
Section 3: Chapter 19.43 of the Marysville Municipal Code IS hereby amended by
amending MMC 19.43. 050 to read as follows:
19.43.050 Application requirements.
In addition to any information required for CUP, ROW permit, or building permit
review, an application for new WCFs or modifications to WCFs that require city
approval shall provide the following information:
(1) A site plan showing existing and proposed WCFs, access, base station, ancillary
structures, warning signs, fencing, landscaping and any other items necessary to illustrate
compliance with the development standards of this chapter.
(2) A stamped statement by a state of Washington registered professional engineer
that the support structure shall comply with EINTIA-222-G (as amended) and the
allowable wind speed for the applicable zone in which the facility is located and that
describes the general structural capacity of any proposed WCF(s) , including:
ORDINANCE -WIRELESS COMMUNICATION FACILITIES p. 3 of 12
(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.
Some or all of the requirements listed in this subsection (2) may be waived for
applications for attachments to utility poles; provided a letter is submitted from the
appropriate utility agency accepting responsibility for design of the structure.
(3) A repon by the applicant that includes a description of the proposed WCF,
including height above grade, justification for the proposed height of the structure and
an evaluation of alternative designs which might result in lower heights, materials, color,
lighting, and information demonstrating compliance with siting hierarchy.
(4) Where a permit for an attachment or co-location is required, the application shall
also include the following information:
(a) The name and address of the operator(s) of proposed and existing antennas
on the site;
(b) The height of any proposed antennas;
(c) Manufacture, type, and model of such antennas;
(d) Frequency, modulation, and class of service; and
(e) A description of the wireless communication service that the applicant
intends to offer to provide, or is currently offering or providing within the city.
(5) A detailed visual simulation of the wireless communication facility shall be
provided along with a written repon 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, or completed franchise agreement
application and related fees.
(7) Other information as the director of community development may reasonably
reqUITe.
(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.
Section 4: Chapter 19.43 of the Marysville Municipal Code IS hereby amended by
amending MMC 19.43. 060 to read as follows:
19.43.060 Siting hierarchy.
Siting of antenna or suppon structures shall adhere to the siting hierarchy of this
section. The order of ranking for antenna or antenna suppon structures, from highest to
lowest, shall be 1,2,3,4. Where letters (a, b) are present, a is preferable to b. Where a
ORDINANCE -WIRELESS COMMUNICATION FACILITIES p. 4 of 12
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.
Example: A new facility meeting the definition of a concealed consolidated WG is
proposed; the applicant demonstrates that the new facility cannot be sited under
hierarchy 1a through 1b. The applicant then demonstrates the new facility cannot be
sited under hierarchy 2. The applicant then moves to hierarchy 3 and is able to propose a
site.
1 Co-location with existing antenna support structure:
a. That requires no increase in pole or structure height.
b. That requires an increase in pole or structure height which shall
comply with Section 19.43.080(3) MMC.
New concealed antenna support structure or concealed consolidation:
• On developed, improved sites in non-residential zoning districts; or
• On publicly owned land.
Concealed attached WG:
• Within public parks, public open spaces, and on other publicly
owned land; or
• Within public rights-of-way, or
• Within non-residential zoning districts or residential zoning districts
on lots not used for single-family residential purposes.
2
3 Concealed consolidations:
a. In non-residential zoning districts.
b. In residential zoning districts on lots not used for single-family
residential purposes.
New concealed antenna support structure:
a. In non-residential zoning districts.
b. In residential zoning districts on lots not used for single-family
residential purposes.
4
The Community Development Director may allow the siting of a facility in a
location at a lower position in the hierarchy without demonstration that higher ranking
options are not technically feasible or justified, provided the applicant demonstrates that
the proposed facility location would result in a lesser visuaVaesthetic impact and better
meets the purposes of this chapter.
Section 5: Chapter 19.43 of the Marysville Municipal Code IS hereby amended by
amending MMC 19.43. 070 to read as follows:
ORDINANCE -WIRELESS COMMUNICATION FACILITIES p. 5 of 12
19.43.070 General requirements.
(1) Co-located or combined facilities shall comply with the following requirements:
(a) Co-location of antennas onto existing antenna support structures meeting
the dimensional standards of this chapter are pennitted 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 multifamily structure.
(b) Co-location of antennas onto a new antenna support structure constructed
after May 1, 2006 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.
(d) A co-located or combined WCF, its new base station, and any new ancillary
structures shall be subject to the setbacks of the underlying zoning district.
(e) When a co-located or combined WCF is to be located on a nonconforming
building or structure, then it shall be subject to the nonconformance provisions of
Chapter 19.44 of the Marysville Municipal Code. (Ord. 2625 § 6, 2006).
(2) Concealed attached WCF outside of the public ROW 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:
(0 A location as close as possible to the center of the structure; and
(ii) Along the outer edges or side-mounted; provided, that in this instance,
additional means such as screens should be considered and may be required by the
department on a case-by-case basis; and
(iii) When located on the outer edge or side-mounted, be placed on the
portion of the structure less likely to be seen from adjacent lands containing, in
descending order of priority: existing residences, public parks and open spaces, and
public roadways.
(b) 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).
ORDINANCE -WIRELESS COMMUNICATION FACILITIES p. 6 of 12
(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) Omcealed attached wa proposed within the public right-of-way shall comply
with the following requirements:
(a) An existing pole may be extended or replaced with a new pole, provided
the original pole height may be increased by no more than the sum of the
height of the wireless antenna(s) and necessary equipment, plus the
minimum vertical separation distance as required by the utility agency.
(b) The pole must serve the original purpose and, if replaced, must be of
similar appearance and composition as adjacent utility poles. The
Community Development Director may authorize the utilization of a
composition material other than that of adjacent poles if it can be
demonstrated that the utility's engineering requirements necessitate that
the different material be utilized.
(c) Antennas shall be flush mounted.
(d) Field changes necessary in order to meet other utility agency requirements
shall be reviewed and approved by the City prior to structure installation.
(4) Concealed antenna support structures 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 pennitted if an existing structure
suitable for attachment of an antenna or co-location is located within one-quarter mile,
unless the applicant demonstrates that the existing structure is physically or
technologically unfeasible, or is not made available for sale or lease, by the owner, or is
not made available at a market rate cost, or would result in greater visual impact. The
burden of proof shall be on the applicant to show that a suitable structure for mounting
of antenna or co-location cannot be reasonably or economically used in accordance with
these criteria.
(c) In residential districts, new concealed antenna support structures shall only
be pennitted 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 ('j)mmunications 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 mannerto have
the least visually obtrusive profile on the landscape and adjacent properties.
ORDINANCE ~WIRELESS COMMUNICATION FACILITIES p. 7 or 12
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 co-location 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 co-locate the antenna of other service providers on the
applicant's proposed tower to the extent that such co-location is technically and
structurally feasible for the affected parties.
(f) All new concealed antenna support structures up to 60 feet in height shall be
engineered and constructed to accommodate no less than two antenna arrays. All
concealed antenna support structures between 61 feet and 100 feet shall be engineered
and constructed to accommodate no less than three antenna arrays. All concealed
antenna support structures between 101 and 140 feet shall be engineered and
constructed to accommodate no less than four antenna arrays.
(g) Those providing for co-location 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
newWCF.
(5) Consolidation of WCFs shall comply with the following requirements:
Consolidation of two 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 of WCFs.
(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.
ORDfNANCE -WIRELESS COMMUNICATION FACILITIES p. 8 of 12
(0 If the consolidated WCF cannot meet the setback requirements, it shall be
located on the ponion of the parcel on which it is situated which, giving consideration to
the following, provides the optimum practical setback from adjacent propenies:
(i) Topography and dimensions of the site;
(ii) Location of any existing structures to be retained.
Section 6: Chapter 19.43 of the Marysville Municipal Q)de is hereby amended by
amending MMC 19.43. 080 to read as follows:
19.43.080 Design standards.
(1) All WCFs 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 wrinen 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 propeny, 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 companments shall be constructed to serve
the total number of anticipated co-location 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 the WCF.
(3) Height Standards. The height of the antenna suppon structure shall be measured
from the natural undisturbed ground surface below the center of the base of the tower
to the top of the tower or, if higher, to the top of the highest antenna or piece of
equipment anached thereto. The height of any WCF shall not exceed the heights
provided in the table below.
Zone Maximum
Height
GC, DC, CB, NB, GI, LI, MU, PI, BP 140'
ORDINANCE -WIRELESS COMMUNICATION FACILITIES p. 9 of 12
R4.5-R28
Open Space and Recreation
80'
140'
Notes:
(1) New antenna support structures must comply with MMC 19,43.070(4)(e)
through (g).
(a) Increases to the height of an existing antenna support structure are permined
provided:
(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) It is necessary to accommodate an actual co-location 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 explicitly allowed 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, submined, and approved.
(4) Setback Requirements.
(a) Antenna support structures outside of the right-of-way shall have a setback
from property lines of 10 feet from any property line and 50 feet or one foot setback for
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 effectively screen the proposed tower from residences on
adjacent properties;
(ii) Whether there are any natural landforms, such as hills or other
topographic breaks, that can be utilized to screen the tower from adjacent residences;
(iii) Whether the applicant has utilized a tower design that reduces the
silhouene of the portion of the tower extending above the height of surrounding trees.
(5) Landscaping and Fencing Requirements.
ORDINANCE -WIRELESS COMMUNICATION FACILITIES p. 10 of 12
(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 ancillary
structures 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. Required fencing shall be of sufficient
height to screen all ground equipment and shall be subject to MMC 19.14.160. The City
shall have the authority to determine the type of enclosure and materials required based
upon review of existing site and surrounding conditions.
(b) Landscaping shall be done in accordance with Chapter 19.16 MMC.
(c) When a fence is used to prevent access to a WCF or base station, any
landscaping required shall be placed outside of the fence.
(d) Landscaping provisions may be modified in accordance with MMC
19.16.130.
(6) Lighting Standards. Except as specifically required by the FCC or FAA, WCFs
shall not be illuminated, except lighting for security purposes that is compatible with the
surrounding neighborhood. Any lighting required by the FAA or FCC must be the
minimum intensity and number of flashes per minute (i.e., the longest duration between
flashes) allowable to minimize the potential attraction to migratory birds. Dual lighting
standards (white blinking light in daylight and red blinking light at dusk and nighttime)
are required and strobe light standards are prohibited unless required. The lights shall be
oriented so as not to project directly onto surrounding residential property, and
consistent with FAA and FCC requirements.
(7) Signage. Commercial messages shall not be displayed on any WCF. The only
signage that is permitted upon an antenna support structure, base station, or fence shall
be informational, and for the purpose of identifying the antenna support structure (such
as ASR registration number), as well as the party responsible for the operation and
maintenance of the facility, its current address and telephone number, security or safety
signs, and property manager signs (if applicable). If more than 220 voltage is necessary
for the operation of the facility and is present in a ground grid or in the antenna support
structure, signs located every 20 feet and attached to the fence or wall shall display in
large, bold, high contrast letters (minimum letter height of four inches) the following:
HIGH VOLTAGE -DANGER.
(8) Sounds. Maximum permissible sound levels to intrude into the real property of
another person from a 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. (Ord. 2625 § 6, 2006).
Section 7. Severability. If any section, subjection, 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
ORDINANCE -WIRELESS COMMUNICATION FACILITIES p. II of 12
validity or constitutionality of any other section, subsection, sentence, clause, phrase or
word of this ordinance.
If'1-1
PASSED by the Oty ColIDcil and approved by the Mayor this a1 day of
~IL ,2009.
OTY/FF MARYSVlk! ' JJ,1 BY)'~v( ~
DENNIS KENDALL, MAYOR
AT1~By . ____
CYjE ~ClERK
Approved as to [onn, ~
By~« ()JlJ)
.. GRANTK.WEED,OTYATTORNEY
Date of Publication: Lf/;;2J'f 10'17 I
Effective Date (5 days after publication):
ORDINANCE -WIRELESS COMMUNICATION FACILITIES p. 12 of 12