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Development standards. The following minimum development standards shall apply to all wireless communications facilities in addition to any development standards that apply in the underlying zoning district in which a wireless communication facility is located and/or additional requirements in any conditions of approval attached to a conditional use approval. In the event of a conflict between the standards of this section and other applicable development standards of this title, the more stringent standards shall govern.

A. Anti-climbing devices. All wireless communications support structures and required fencing shall be equipped with appropriate anti-climbing devices.

B. Attachment to trees prohibited. It is prohibited to attach any wireless communications facility or portion thereof to any tree.

C. Signs. All wireless communications support structures shall be identified with a nonilluminated sign not exceeding four square feet. The sign shall list the wireless service provider’s name and emergency telephone number and shall be posted in a place visible to the general public.

D. Historical registry/district. Wireless communications facilities locating on any site or existing building that is on a historic register or in a historic district shall be subject to the applicable design standards prescribed by the local, state or federal agency with jurisdiction over such register or district.

E. Lighting. Wireless communications facilities shall not be illuminated except where required by the FAA, or the Washington Department of Transportation, Aeronautics Division.

F. Painting. Wireless communications facilities shall be painted or finished in a manner that blends with the dominant background, except where otherwise required by the FAA or Washington Department of Transportation, Aviation Division. The applicant and the operator of the facility shall have a continuing duty to maintain such paint or finish.

G. Setbacks. The following setback standards shall apply to wireless communications facilities:

1. Accessory equipment structures and wireless communications support structures which are attached to existing buildings or other permanent structures shall comply with the setback requirements for the underlying district.

2. Free-standing wireless communications support structures located in any district shall be set back from any property line of an abutting residential use or district by a distance equal to the height of the wireless communications support structure, or the setback of the underlying district, whichever is greater.

3. Setbacks for free-standing wireless communications support structures shall be measured from the ground-level base of the structure.

4. The setback in any district may be reduced by means of a Type I review if the applicant can demonstrate that:

a. Reduction in the setback increases the screening opportunities between the facility and abutting residential and other uses, for example, by placement behind tall trees, in tree groves, behind buildings or near other tall elements; and

b. The reduction in setback allowed is the minimum required to achieve increased visual screening of the facility from abutting residential uses.

H. Landscaping standards. Wireless communications facilities in residential and commercial districts shall be subject to the following landscaping and screening standards:

1. The perimeter of the wireless communication support structure and any guy wires and anchors shall be enclosed by a fence or wall per requirements contained in Chapter 20.925 VMC, Landscaping.

2. Within the required setback, the applicant shall provide landscaping to include: at least one row of evergreen shrubs spaced not more than five feet apart and capable of growing to form a continuous hedge at least five high within five years of planting, and evergreen trees or shrubs, spaced not more than 15 feet apart or less than four feet high when planted.

3. Landscape materials shall be selected and sited to produce a hardy and drought-resistant landscape area and approved by the planning official or his designate.

4. Maintenance of the landscaped area shall be the responsibility of the applicant and/or operator of the facility. Required landscaping must be maintained in a healthy condition. Trees and shrubs that die must be replaced with healthy materials of the same or similar species and same size to the extent practicable.

5. Temporary irrigation shall be provided to help ensure survival during the critical establishment period.

6. The planning official or his designate may allow the use of landscaping and screening other than that described in subsections (H)(1) and (H)(2) of this section if the applicant shows the proposed landscaping and screening will achieve at least the same degree of screening provided pursuant to those subsections when viewed from off-site public areas and residences.

I. Height standards. The following standards shall apply to wireless communications facilities:

1. The height of a wireless communications facility shall include the support structure and any attached antennae proposed at the time of application.

2. The maximum height of wireless communications support structures and their antennae shall meet the maximum height standards of the underlying zone, except that all new support structures or attached antennae that exceed 100 feet in overall height in any zoning district shall require a Type III conditional use permit.

a. A lightning rod, not to exceed 10 feet in height, or FAA-required lighting shall not be included within the height limitations;

b. Antennas or equipment shelters that are mounted on existing buildings or structures, or other wireless communications support structure or collocated facilities, in residential, commercial and industrial districts are exempt from the height restrictions of the underlying zone, but shall be no more than 15 feet taller than the existing building or structure on which the antennas are mounted.

3. The height limitation exemptions contained in Chapter 20.910 VMC, Exceptions and Interpretations, shall not apply to wireless communications support structures and antennas.

J. Parking. Each site for a wireless communications support structure shall designate one adjacent parking space. An existing parking space on a parent site may be utilized to meet this standard.

K. Dispersal. (Reserved)

L. Access. Whenever possible, vehicular access to the facility shall be incorporated into the existing driveway of a site.

M. Insurance. Liability insurance in an amount not less than $1,000,000 shall be maintained by the owner and operator of the facility until such facility is dismantled and removed from the parent site. Failure to maintain insurance coverage shall constitute a violation of this chapter and grounds for revocation of a permit.

N. Performance bond. The applicant or facility operator of the facility shall obtain and keep in force throughout the time the facility is located on the site a performance bond payable to the city in the amount of not less than $1,000 or such other greater amount as found by the planning official or his designate to be, to cover the estimated reasonable costs of removal of such facility by the city if required pursuant to VMC 20.890.110; these include direct and administrative costs associated with demolition, dismantling, removal and disposal of the facility by the city or its contractor. The bond shall be reviewed by the planning official or his designate every five years to ensure that it is sufficient to cover the costs of removal. Additionally, the applicant or facility operator shall post a separate bond for a two-year period following issuance of approval for the facility, in the amount of not less than $1,000 or such greater amount as found by the planning official or his or her designate to be sufficient to cover the cost of maintaining landscaping and/or screening of the facility.

O. Building and utility permits. The applicant for a permit pursuant to this chapter shall submit an application, plans, specifications and all other materials to obtain a building permit and any applicable utility permits. Such permits may be applied for either concurrently or after approval of other permits required by this chapter. Submittal requirements for attached antennas and collocations are subsection M of this section, liability insurance; subsection N of this section, Performance Bond; and a lease agreement.

P. Screening. For new support structures and accessory equipment to be located in any district other than industrial districts, visual impacts must be mitigated to the greatest extent practicable by using stealth design, camouflage or screening, including but not limited to: fencing, landscaping, strategic placement adjacent to existing buildings or existing vegetation, placement of accessory equipment structures underground, and/or incorporation of wireless facilities into the architectural features of existing buildings or structures. Mitigation may also include design compatibility with key elements in the surrounding area, such as: use of brick or other material similar to that used in adjacent buildings or structures; visually blending of support structures with compatible architectural features such as flag poles, bell towers or cornices; or use of existing vegetation to camouflage support structures.

Q. Replacement of existing structures. A wireless communications support structure may be permitted by means of a Type I procedure as governed by VMC 20.210.040, subject to the standards in the underlying zoning district, except where otherwise noted in the use provisions of this chapter, if it replaces an existing pole, light standard, telecommunications pole or other pole-like structure of the same or greater height, and is not more than twice the same circumference of the pole being replaced, and the antennas attached to such monopole otherwise meets the applicable standards of this section.

R. Collocation evaluation study. An applicant’s collocation study shall consist of a report that includes the following:

1. Identification of other wireless communication sites within the search ring for the proposed wireless facility, based on the city’s database or contact with other providers.

2. Certification from a qualified radio engineer indicating whether the necessary service is technically feasible if provided by collocation on the other provider’s site.

3. A response from the owner/lessor of the site(s) identified by the other provider(s), who either agrees or disagrees to collocation on their property; and/or lease agreement.

4. An evaluation of access and site area at the possible collocation site(s) identified.

S. Aviation criteria. Any proposed telecommunication device, structure or object shall be reviewed to ensure that it does not penetrate any of the airspace surfaces on or near a public or private airport; if such airspace is obstructed, the permit shall be denied. Special attention shall be given to the following:

1. Approach surface. Land lying beneath the approach surface which extends outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the runway end.

2. Transitional surface. The transitional surface begins at the runway end and on either side of the runway surface and slopes upward and outward at a 7:1 slope meeting the horizontal surface at 150 feet above the elevation of the airport.

3. Horizontal Surface. The horizontal surface begins by swinging arcs of 5,000 feet from the center end of the runway surface creating an elongated oval above the runway. The height of the horizontal surface is 150 feet above the elevation of the airport.

4. Conical Surface. The conical surface begins at the edge of the horizontal surface and extends upward and outward for a distance of 4,000 feet at a slope of 20:1 with an initial elevation of 150 feet above the airport elevation. (Ord. M-3643, 01/26/2004)