§ 20.33.080. Location and design standards for freestanding WCFs and remote freestanding WCFs/antenna support structures.

Subsections (3) and (4) of this section do not apply to remote freestanding WCF/antenna support structures.

1.

Evaluation of Alternative Sites. Prior to submission of an application for a WCF/antenna support structure, the applicant is encouraged to meet with residents of the search area for the proposed WCF/antenna support structure for the purpose of evaluating alternative sites and exploring the possibility that other technically feasible sites may be available that would be more acceptable to the community.

2.

Siting.

a.

Freestanding WCFs and other antenna support structures regulated by this chapter shall not be permitted in residential districts unless the applicant demonstrates that: a site is not available or technically feasible in a nonresidential district; and the restriction on siting antenna support structures in residential districts would have the effect of prohibiting the provision of personal wireless communication service. Residential districts include, but are not limited to, the following:

Rural-One Dwelling Unit per Twenty Acres (R 1/20), Rural-One Dwelling Unit per Ten Acres (R 1/10), Urban Reserve-One Dwelling Unit per Five Acres (UR 1/5), Rural Residential-One Dwelling Unit per Five Acres (RR 1/5), Rural Residential/Resource-One Dwelling Unit per Five Acres (RRR 1/5), Residential LAMIRD-One Dwelling Unit per Two Acres (RL 1/2), Residential LAMIRD-One Dwelling Unit per Acre (RL 1/1), Residential LAMIRD-Two Dwelling Units per Acre (RL 2/1), Residential-Three to Six Dwelling Units per Acre (R3—6/l), Residential-Four to Sixteen Dwelling Units Per Acre (R4—16/1), and McAllister Geologically Sensitive Area District (Title 20);

Low-Density Residential District (0—4), Low-Density Residential District (3—6), Moderate-Density Residential District (MD), High-Density Residential District (HD), Transition Areas for Multifamily Development, Mixed Use Moderate Density Corridor (MMDC), Mixed Use High Density Corridor (MHDC) and MGSA (Title 21);

Residential/Sensitive Resource Zone District (RSR), Single-Family Low Density Residential Zone District (SFL), Single-Family Medium Density Residential Zone District (SFM), Multifamily Medium Density Residential Zone District (MFM), and Multifamily High Density Residential Zone District (MFH) (Title 22); and

Residential One Unit per Five Acres (R 1/5), Residential Low Impact Two to Four Units per Acre (RLI 2—4), Residential Four Units per Acre (R—4), Residential Four to Eight Units per Acre (R 4—8), Residential Six to Twelve Units per Acre (R 6—12), Mixed Residential Seven to Thirteen Units per Acre (MR 7—13), Mixed Residential Ten to Eighteen Units per Acre (MR 10—18), Residential Multifamily Eighteen Units per Acre (RM—18), Neighborhood Village (NV), and Professional Office/Residential Multifamily District (PO/RM) (Title 23).

i.

The approval authority may waive the requirement in subsection (2)(a) of this section, consistent with subsection (2)(a)(ii) of this section, if the applicant demonstrates that the proposed site would result in fewer or less detrimental aesthetic and environmental impacts than any other feasible alternative site.

ii.

In no case shall lattice or guyed towers be permitted in or within five hundred feet of a residential district.

iii.

If a WCF/antenna support structure is necessary in a residential district, preference among available sites shall be given to forested parcels.

iv.

Radio and television towers in residential districts may be modified as necessary to comply with FCC licensing requirements.

b.

WCFs and other antenna support structures shall be located, designed and screened, to the extent feasible, to blend with the immediate surroundings so as to reduce visual impacts.

i.

Proposed WCFs/antenna support structures shall be located where their visual impact is least detrimental to views of recognized landmarks, such as, but not limited to, Puget Sound, Nisqually Valley, Mount Rainer, the Black Hills, and the Olympic Mountains. If the approval authority determines that the proposed location for the facility would have a significant detrimental impact on a view of a recognized landmark, she/he shall deny the proposal unless the applicant demonstrates that a less impacting site is not available.

ii.

In order to demonstrate that a less impacting site is not available, applicants for WCF/antenna support structures impacting the views listed in subsection (2)(b)(i) of this section shall identify all viable alternative sites available for accommodating the WCF/antenna support structure. The applicant shall perform balloon tests for the proposed and alternative sites, in a manner consistent with Section 20.33.050(3), and submit them for approval authority review.

iii.

WCFs/antenna support structures shall be sited off ridgelines unless they are designed to blend in with the surrounding environment in such a manner that they would not have a significant visual impact, as determined by the approval authority, or the applicant demonstrates that no alternative location is available.

iv.

In determining whether or not a WCF/antenna support structure will have a significant adverse visual impact on a view/location listed in subsections (2)(b)(i) and (2)(b)(iii) of this section, the approval authority shall at least consider the following:

(a)

The degree to which the antenna support structure is screened by topographic features from the views listed in subsection (2)(b)(i) of this section;

(b)

Whether trees and vegetation can be preserved in a manner that would substantially limit the visibility of the proposed WCF/antenna support structure from the views listed in subsection (2)(b)(i) of this section;

(c)

Whether background features in the line of sight to the proposed WCF/antenna support structure would obscure it or make it more conspicuous;

(d)

Whether the proposed design would reduce the silhouette of the portion of the WCF/antenna support structure extending above surrounding trees, landforms, or structures; and

(e)

Whether the facility has a camouflage design.

v.

Applicants proposing uncamouflaged WCFs/antenna support structures in locations that cannot be at least partially screened by existing trees, topography, or structures must submit documentation as to why sites which would provide screening potential are not available or technically feasible to provide adequate service. The approval authority shall deny applications for WCFs/antenna support structures in open areas (including, but not limited to, fields, prairies, or lawns without trees at least one-half of the height of the proposed antenna support structure) where they would be visible from abutting public roads, public recreational areas, or residences unless the applicant demonstrates that a less visually impacting site is not available to provide service.

vi.

Unless effectively camouflaged, as determined by the approval authority, WCFs/antenna support structures shall be located on a site to take maximum advantage of the screening afforded by any existing trees, topography, and structures in order to minimize their visibility from the surrounding area, consistent with other applicable regulations. Priority shall be given (in descending order) to minimizing visibility from existing dwellings, public rights-of-way, and public parks and open spaces.

vii.

In residential and commercial districts, flush mounted antennas shall be used unless the applicant demonstrates that another mount is necessary.

c.

WCFs and other antenna support structures shall be located so they do not narrow the sidewalk width below the county's minimum standard, create a hazardous situation for pedestrians, bicyclists or motorists, or interfere with utilities, as determined by the approval authority. (See TCC Title 13, Roads and Bridges).

d.

WCFs and other antenna support structures shall be located, designed, and screened to maintain property values and neighborhood character.

e.

WCFs and other antenna support structures shall be sited consistent with the provisions of the Thurston County Agricultural Uses and Lands Critical Areas Ordinance (Chapter 17.15 TCC), the Thurston County Critical Areas Ordinance (Title 24), and as follows:

i.

To minimize the potential for birds to collide with towers, WCFs/antenna support structures shall not be located within one thousand feet of wetlands, staging areas, or rookeries supporting birds listed as priority species by the Washington Department of Fish and Wildlife, listed as endangered or threatened species under the federal Endangered Species Act (64 FR 14307), listed in Title 24 TCC or Chapter 17.15 TCC as species of local importance, and as amended, or within one thousand feet of publicly owned wildlife refuges, unless the applicant demonstrates that the proposed location will not have a significant impact on such birds. Where possible, WCFs/antenna support structures shall not be located where they would interfere with migratory flyways documented by state or federal agencies.

f.

Replacement utility poles in rights-of-way subject to this chapter shall comply with the clear zone safety guidelines in the Roadside Design Guide (2002, American Association of State Highway Transportation Officials, and as hereafter amended). Replacement utility poles shall not be located within thirty feet of an intersection, consistent with Section 20.07.070, or on the outside of a curve (in the direction of travel) with a radius of less than three thousand five hundred feet or, in the case of roads with a speed limit of fifty MPH or more, within three hundred feet of such curves.

3.

Setbacks.

a.

WCFs/antenna support structures, except those in rights-of-way, shall be set back from property lines a minimum of one hundred ten percent of the antenna support structure's height, including antennas.

b.

WCFs/antenna support structures in rights-of-way exceeding eighty feet in height shall be separated from structures occupied at least three days a week and potential building sites for such structures (measured to the lot's minimum setback line) a minimum of one hundred ten percent of the proposed WCFs/antenna support structure's height, including antennas. WCFs/antenna support structures less than eighty feet in height that are located in rights-of-way are not subject to the setback requirements contained in this subsection (3).

c.

The setbacks required by this subsection (3) shall be measured from the base of the antenna support structure to the property line of the parcel on which it is located. Where guy wire supports are used, setbacks shall be measured from the base of the guy wire anchored to the ground, rather than the base of the tower.

d.

The approval authority may allow the setbacks required pursuant to subsections (3)(a) or (b) of this section to extend into neighboring property if it would result in a substantially better design and it accommodates any screening required pursuant to subsection (7)(d) of this section, provided that the owner of the neighboring property agrees in writing.

4.

Separation. WCFs/antenna support structures shall be separated from one another as follows:

a.

Within urban growth areas, freestanding WCFs/antenna support structures shall be a minimum of one thousand four hundred feet from another freestanding WCF/antenna support structure.

b.

Outside urban growth areas, freestanding WCFs/antenna support structures shall be a minimum of two thousand four hundred feet from another freestanding WCF/antenna support structure.

c.

Separation distances shall be measured from antenna support structure to antenna support structure regardless of property lines and roadways.

d.

The separation may be reduced by up to fifty percent under the following circumstances:

i.

Where the proposed freestanding WCF/antenna support structure and an existing freestanding WCF or other antenna support structure are within substantially different view corridors, as determined by the approval authority; or

ii.

Where the applicant clearly demonstrates that, from a technical standpoint, a reduced separation is necessary.

e.

Freestanding WCFs/antenna support structures may be clustered within the long term forestry district, military reservation district, and all industrial districts so long as all WCFs/antenna support structures within the cluster are more than five hundred feet from residential zoning districts and any property with an existing residence. WCF/antenna support structures also may be clustered on sites already occupied by an antenna support structure if the approval authority determines that locating the facility at such a site would have less adverse impact (e.g., on the aesthetic and environmental quality of the area) than alternative sites.

f.

The separation requirements in subsections (4)(a) and (b) of this section do not apply to effectively camouflaged WCFs/antenna support structures, as determined by the approval authority.

5.

Co-location. All freestanding and remote freestanding WCFs/antenna support structures shall be designed and constructed to fully accommodate at least two additional WCF providers, including an area for each co-locator's equipment near the base of the tower, each comparable in size to the area required by the applicant, unless the applicant demonstrates why such design is not feasible for technical or physical reasons (for example, because it would ruin the disguise of a camouflaged antenna support structure). This requirement does not apply to antenna support structures in rights-of-way.

The approval authority may require applicants to accommodate more than two co-locations, based on documented demand, consistent with the provisions of this chapter.

6.

Maximum Height.

a.

Maximum height within urban growth areas: one hundred fifty feet including antennas.

b.

Maximum height outside urban growth areas: one hundred eighty feet including antennas, except remote freestanding WCFs/antenna support structures which may be two hundred feet including antennas.

c.

Maximum height within rights-of-way: one hundred feet, including antennas, provided that poles exceeding eighty feet in height are no more than thirty-five percent taller than the tallest utility pole on either side of the proposed pole location. The approval authority may authorize up to an additional ten feet in height as necessary to allow adequate separation of antennas from power lines.

d.

WCFs/antenna support structures shall be of a height that does not require installation of a flashing light or signal in compliance with FAA regulations unless:

i.

The lights/signals are screened from view of motorists, pedestrians, and occupants of adjacent structures, consistent with FAA requirements; or

ii.

The applicant demonstrates that the alternative locations for the WCF/antenna support structure would also require a light/signal and would be no less visible from the surrounding area than the proposed structure.

WCFs/antenna support structures requiring flashing lights/signals shall be allowed in residential districts only when the applicant demonstrates that there is no alternative for providing necessary service. (Also, see Section 20.33.090(5)).

e.

The approval authority may authorize WCFs/antenna support structures outside of rights-of-way that exceed the maximum height specified in subsections (6)(a) and (b) of this section if the applicant can show by clear and convincing evidence that the additional height is necessary to provide adequate service to the residents of the county and no other alternative with lesser impacts is available.

f.

WCFs/antenna support structures shall not exceed the minimum height necessary to provide adequate service for the communications facilities proposed, plus the height necessary to accommodate co-locations required pursuant to this chapter. The county may require that a third party reviewer verify the justification for the requested height.

g.

The approval authority shall limit the height of antenna support structures and associated antennas adjacent to public and private airports consistent with FAA height hazard requirements and adopted airport master plans.

7.

Screening/Camouflaging.

a.

Color. WCFs/antenna support structures and antennas, with the exception of camouflaged and wooded antenna support structures, shall have a nonglare finish in a gray, blue, green or other color(s) appropriate to the background against which it would be primarily viewed (e.g. green to the tree line and gray above) as determined by the approval authority, unless a different color or finish is required by the FCC or FAA.

Cables on WCFs/antenna support structures that would be visible from public rights-of-way and residential property must be contained inside the antenna support structure or in conduit colored to blend in with the antenna support structure, as determined by the approval authority. The approval authority may waive this requirement if matching conduit is not available. The approval authority also may waive this requirement for proposed WCFs/antenna support structures in rights-of-way if the proposed conduit would match conduit on poles along the same street within five hundred feet of the proposed pole location. Antennas shall be painted so as to appear to blend in with the antenna support structure unless it is not technically possible to do so.

b.

Pole Material. WCFs/antenna support structures in rights-of-way shall be limited to poles of the same design and appearance as the utility poles to which they are linked, except as required by the approval authority consistent with the Uniform Building Code.

c.

Maintenance. The permittee shall maintain the approved WCF/antenna support structure in a condition that preserves its original appearance and any concealment or camouflage elements incorporated into the design, consistent with all applicable requirements. This includes repair or replacement of equipment, removal of rust and associated stains, removal and replacement of peeling paint that would be visible from adjoining rights-of-way or property, and maintenance of required landscaping and fencing.

d.

Screening. WCFs/antenna support structures shall be located among or beside trees wherever possible.

i.

If the site proposed to accommodate an antenna support structure is treed within fifty feet of the proposed antenna support structure's location such that substantial year-round screening of the structure and related facilities is provided, as determined by the approval authority, the applicant shall cause an easement signed by the property owner, or other instrument approved by the Thurston County prosecuting attorney's office, establishing a tree retention buffer to be recorded with the county auditor prior to the issuance of building permits. This buffer shall remain in effect for as long as the WCF/antenna support structure is in place. A copy of the recorded easement/instrument shall be provided to the department. The buffer shall be a minimum of fifty feet wide and shall extend around the perimeter of the facilities, excluding the access point.

The approval authority may require the buffer area to be enhanced to provide sufficient screening of ground level facilities. The buffer shall be maintained so long as the antenna support structure is located on the site. Any tree within the buffer that dies or is removed due to disease or wind throw shall be replaced during the next planting season with a minimum of two conifer trees a minimum of six feet in height at the time of planting, unless the approval authority determines that the spacing would be too close when the trees mature.

ii.

If the site does not contain sufficient trees to provide effective screening, as determined by the approval authority, a minimum twenty-foot wide buffer around the perimeter of the WCF/antenna support structure location, excluding the access point, shall be planted with site-obscuring conifer trees. The trees shall be planted six feet on center in at least three offset rows. The trees shall be a minimum of six feet in height at the time of planting. Planting shall occur prior to the facilities becoming operational. The required trees shall be maintained in a green and growing state so long as the antenna support structure is on the site. Any tree within the buffer that dies or is removed shall be replaced during the next planting season with a conifer tree a minimum of six feet in height at the time of planting. This requirement shall not apply to WCFs/antenna support structures in rights-of-way.

iii.

The approval authority may modify the screening requirements in subsections (7)(d)(i) and (ii) of this section to the extent existing structures on site, existing vegetation along the parcel perimeter, or topography provide adequate screening.

The approval authority may also modify or waive those requirements, as she/he deems appropriate, if the applicant camouflages the WCF/antenna support structure through a design that significantly mitigates its visual impact (for example, but not limited to, an antenna support structure designed to resemble a conifer tree, flag pole, clock tower, street light, or utility pole).

iv.

Approval of a setback pursuant to subsection (3)(d) of this section is contingent upon the applicant submitting to the approval authority an easement or other instrument approved by the Thurston County prosecuting attorney's office from the adjacent property owner that accommodates screening required pursuant to this subsection (7)(d).

v.

Unless the required trees/vegetation are planted in October or November, the applicant shall provide a watering plan indicating how the required trees/landscaping will be watered during the first two years following planting to ensure survival.

vi.

The applicant shall provide a performance surety in the amount of one hundred and twenty-five percent of the cost to purchase and install the required trees/landscaping. The county may draw upon these funds to the extent necessary to replace any required trees/plants that die. Prior to drawing upon the funds, the county shall notify the applicant in writing and give them at least thirty days to replace the dead/dying vegetation. The county shall release the unexpended portion of the surety two years after the date the county accepted at final inspection the installed landscaping.

e.

Camouflaged WCFs/Antenna Support Structures. Camouflaged WCFs/antenna support structures shall be designed appropriate to the context, as determined by the approval authority, so they do not appear to be out of place. Camouflage proposals shall be modeled after design concepts approved by the department director or designee.

8.

Public Safety.

a.

For freestanding WCFs/antenna support structures, a minimum six-foot high chain link fence with privacy slats shall be installed around the perimeter of the site for public safety and screening purposes. The fence and privacy slats shall be a nonreflective, deep green or other color that blends in with the surrounding environment, as determined by the approval authority. (A fence over six feet in height will require a building permit). Access to the tower shall be through a locked gate. The approval authority may authorize alternate methods of providing for public safety if a level of public safety and screening similar to that provided by the previously described fence is clearly demonstrated. These requirements shall not apply to camouflage WCFs and antenna support structures in rights-of-way and their associated equipment cabinets unless potentially dangerous equipment would be accessible by the public.

b.

For remote freestanding WCFs/antenna support structures, adequate public safety measures shall be provided, as determined by the approval authority.

c.

All freestanding and remote freestanding WCFs/antenna support structures, with the exception of replacement utility poles, shall be fitted with anti-climbing devices.

d.

The county shall require remedial action by the responsible party if it determines that structural failure, ice accumulation, or other conditions pose a risk to public safety.

e.

A device shall be installed on all WCFs and antenna support structures that automatically stops transmission from the antennas in the event the antenna support structure falls or shifts significantly out of alignment, unless the applicant demonstrates that it is not technically feasible to do so. This does not apply to remote freestanding WCFs/antenna support structures.

f.

Foundations for replacement utility poles subject to this chapter shall require a commercial building permit.

9.

Parking/Access. At least one parking space, plus adequate turnaround area, shall be provided. The access road, parking and turnaround areas shall have a paved, gravel or other all-weather surface. The access road must be a minimum of ten feet wide. These requirements shall not apply to WCFs/antenna support structures in rights-of-way and their associated equipment structures. Approval of WCFs/antenna support structures in rights-of-way shall be contingent upon demonstration by the applicant that parking space is available for maintenance vehicles that will not obstruct vehicle travel lanes, bike lanes, or sidewalks.

10.

Signals, Lights and Signs. No signals, lights or signs shall be permitted on a WCF/antenna support structure unless required by the FCC or FAA (also see subsection (6)(d) of this section). If lighting is required, the county shall review the available lighting alternatives consistent with FAA requirements and approve a design that it determines would cause the least impact on surrounding views. However, in documented migratory bird flyways, preference shall be given to white strobe lights operating at the longest interval allowed per FAA requirements.

WCFs/antenna support structures shall have a sign posted on the access gate with the WCF provider name and an emergency contact phone number on it. When the site is not fenced, the sign required above shall be placed in a location authorized by the approval authority. Any site security lighting shall be shielded to contain light and glare on site.

11.

Outdoor Storage. Outdoor storage of motor vehicles or materials associated with the WCF/antenna support structure is prohibited outside of the fenced area installed pursuant to subsection (8) of this section.

(Ord. 13884 § 11, 2007; Ord. 13834 § 12, 2007; Ord. 13058 § 2 (part), 2003)

(Ord. No. 14773, § 10(Att. I), 7-24-2012)