HomeMy WebLinkAbout05-98 - Ord. Establishing Land Use Regulations for Cellular Communication Facilities ORDINANCE NUMBER �9
AN ORDINANCE TO ESTABLISH LAND USE REGULATIONS FOR
CELLULAR COMMUNICATION FACILITIES
WHEREAS, Resolution No. 119-96 was adopted by the Mason County Board of County
Commissioners pursuant to RCW 36.70A.390, in order to place a moratorium on the
processing of land use application for personal wireless services communication facilities in the
unincorporated area of Mason County; and
WHEREAS, the moratorium was extended in order to consider a draft ordinance to establish
development regulations which will provide sufficient definitive criteria with which the county
can properly evaluate and condition the siting of wireless communication facilities; and
WHEREAS, The proposal was sent with a recommendation for adoption by the Mason County
Planning Commission after a public hearing on October 20, 1997; and
WHEREAS, a State Environmental Policy Act Determination of Nonsignificance (DNS) was
issued on these amendments on September 22, 1997; and
WHEREAS, the Board has held a public hearing on November 25 1997 and January 20, 1998,
and made findings of fact, ATTACHMENT A, based on the record before it;
NOW, THEREFORE, BE IT HEREBY ORDAINED, that the Board of County
Commissioners of Mason County hereby approves and adopts the development regulations
described by ATTACHMENT B, to become effective at the end of the moratoriuM established
by Resolution 132-97, said Resolution 132-97 to be rescinded, effective on
1998.
DATED this �,C'`�°— day of i')a zi r V, 1998.
BOARD OF COUNTY COMMISSIONERS
Mason County, Washin ton ATTEST:
{
John A. Bolender, Chair Clerk of the Board
Mary J OCa , Commiss ner APPROVED AS TO FORM:
Cynthia Olsen, Commissioner Prosecuting Attorney
ATTACHMENT A - MASON COUNTY ORDINANCE NO. 98
Standards for Telecommunications Antennas and Towers
FINDINGS OF FACT
1.
Under consideration is a proposal ordinance to establish development regulations which will
provide sufficient definitive criteria with which the county can properly evaluate and condition
the siting of wireless communication facilities.
2.
The proposal was sent with a recommendation for adoption by the Mason County Planning
Commission after a public hearing on October 20, 1997.
3.
A State Environmental Policy Act Detennination of Nonsignificance (DNS) was issued on
these amendments on September 22, 1997. The comment period ended October 7, 1997. No
comments were received on the SEPA determination. The Department of Community
Development has determined that amendments in the final version do not have significant
adverse environmental impact and that therefore the DNS stands.
4.
The record reviewed by the Planning Commission includes the memorandum prepared by the
Department of Community Development, dated October 20, 1997, the previous drafts of the
proposal, comments received, the SEPA checklist and determination, and other materials on
the issued transmitted to the Planning Commission.
5.
The Board of Commissioners held a public hearing on November 25, 1997, and considered the
testimony given along with the record before it. The hearing was continued on January 20,
1998 to consider several possible modifications.
6.
As discussed in the staff reports of November 25, 1997 and January 20, 1998, the proposal is
consistent with and balances the goals of the Growth Management Act and is consistent with
and implements the Mason County Comprehensive Plan.
From the preceding findings and the record before the Board, it is hereby concluded that the
proposal, with those odifications, should be adopted.
C air, Mason County Board of Commissioners
Date
Attachment B, Ordinance # 5-98
MASON COUNTY, WASHINGTON
STANDARDS FOR TELECOMMUNICATIONS
ANTENNAS AND TOWERS
ORDINANCE NO. 5-98
1 Definitions.
As used in this ordinance, the following terms shall have the meanings as
indicated:
a. "ALTERNATIVE TOWER STRUCTURE" shall mean man-made trees,
clock towers, bell steeples, light poles and similar alternative-design
mounting structures that camouflage or conceal the presence of antennas
or towers.
b. "ANTENNA" shall mean any exterior apparatus designed for telephonic,
radio, or television communications through the sending and /or receiving
of electromagnetic waves.
C. "FAA" shall mean the Federal Aviation Administration.
d. "FCC® shall mean the Federal Communications Commission.
e. "GOVERNING AUTHORITY" shall mean the governing authority of the
County.
f. "PRE-EXISTING TOWERS AND ANTENNAS" shall have the meaning
set forth in Section 2 (c) of this ordinance.
9. EXISTING TOWER shall mean those towers and antennas constructed
after the adoption of this ordinance.
h. "HEIGHT" shall mean, when referring to a tower or other structure, the
distance measured from ground level to the highest point on the tower or
other structure, even if said highest point is an antenna:
i. "TOWER" shall mean any structure that is designed and constructed
primarily for the purpose of supporting one or more antennas, including
self-supporting lattice towers, guy towers, or monopoly towers. The term
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includes radio and television transmission towers, microwave towers,
common-carrier towers, cellular telephone towers, alternative tower
structures, and the like.
j. "WHIP ANTENNA" shall mean an omni-directional antenna which is up to
15 feet in height and up to 4 inches in diameter.
2. Applicability .
a. PUBLIC PROPERTY. Antennas or towers located on property owned,
leased, or otherwise controlled by the governing authority shall be exempt
from the requirements of this ordinance, provided a license or lease
authorizing such antenna or tower has been approved by the governing
authority,
b. AMATEUR RADIO. This ordinance shall not govern structures and
facilities maintained and operated by amateur radio operators for
personal use consistent with applicable state and federal regulations.
C. PRE-EXISTING TOWERS AND ANTENNAS. Any tower or antenna
existing prior to the effective date of this ordinance shall not be required
to meet the requirements of this ordinance, other than the requirements of
Sections 3.e. and 3.f. Any such towers or antennas shall be referred to in
this ordinance as "pre-existing towers" or "pre-existing antennas".
d. RECEIVE-ONLY ANTENNAS. This ordinance shall not govern any
tower, or installation of any antenna, that is under seventy (70) feet in
height and is used exclusively for receive only antennas.
3. General Guidelines and Requirements.
a. PURPOSE AND GOALS. The purpose of this ordinance is to establish
general guidelines for the siting of towers and antennas. The goals of
this ordinance are to: (1) encourage the location of towers in Rural Areas
and Long Term Commercial Forest Lands as described in the Mason
County Comprehensive Plan and Development Regulations and minimize
the total number of towers throughout the county, (2) encourage strongly
the joint use of new and existing tower sites, (3) encourage users of
towers and antennas to locate them, to the extent possible, in areas
where the adverse impact on the county is minimal, (4) encourage users
of towers and antennas to configure them in a way that minimizes the
adverse visual impact of the towers and antennas, and (5) enhance the
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ability of the providers of telecommunications services to provide such
services to the community quickly, effectively, and efficiently,
b. PRINCIPAL OR ACCESSORY USES. Antennas and towers may be
considered either principal or accessory uses. A different existing use or
an existing structure on the same lot shall not preclude the installation of
an antenna or tower on such lot. For purposes of determining whether
the installation of a tower or antenna complies with development
regulations, including but not limited to set-back requirements, lot-
coverage requirements, and other such requirements, the dimension of
the entire lot shall control, even though the antennas or towers may be
located on ]eased parcels within such lots. Towers are constructed, and
antennas that are installed, in accordance with the provisions of this
ordinance shall not be deemed to constitute the expansion of a
nonconforming use or structure.
C. INVENTORY OF EXISTING SITE. Each applicant for an antenna and or
tower shall provide to the Mason County Department of Community
Development an inventory of its existing towers that are within the
jurisdiction of the governing authority including specific information about
the location, height, and design of each tower. The Department of
Community Development may share such information with other
applicants applying for administrative approvals or special use permits
under this ordinance or other organizations seeking to locate antennas
within the jurisdiction of the governing authority, provided, however that
the Department of Community Development is not, by sharing this
information, in any way representing or warranting that such sites are
available or suitable.
d. AESTHETICS; LIGHTING. The guidelines set forth in this section shall
govern the location of all towers, and the installation of all antennas,
governed by this ordinance; provided, however, that the governing
authority may waive these requirements if it determines that the goals of
this ordinance are better served thereby.
(1) Towers shall either maintain a galvanized steel finish or, subject to
any applicable standards of the FAA, be painted a neutral color, so
as to reduce visual obtrusiveness.
(2) At a tower site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures,
screening, and landscaping that will blend the tower facilities to the
natural setting and built environment.
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(3) If an antenna is installed on a structure other than a tower, the
antenna and supporting electrical and mechanical equipment must
be of a neutral color that is identical to, or closely compatible with,
the color of the supporting structure so as to make the antenna and
related equipment as visually unobstructive as possible.
(4) Towers shall not be artificially lighted, unless required by the FAA
or other applicable authority. If lighting is required, the governing
authority may review the available lighting alternatives and
approve the design that would cause the least disturbance to the
surrounding views.
e. FEDERAL REQUIREMENT. All towers must meet or exceed current
standards and regulators of FAA, the FCC, any other agency of the
federal government with the authority to regulate towers and antennas. If
such standards and regulations are changed, then the owners of the
towers and antennas, governed by this ordinance shall bring such towers
and antennas into compliance with such revised standards and
regulations within six (6) months of the effective date of such standards
and regulations, unless a more stringent compliance schedule is
mandated by the controlling federal agency.
f. BUILDING CODES; SAFETY STANDARDS. To ensure the structural
integrity of towers, the owner of a tower shall ensure that it is maintained
in compliance with standards contained in applicable local building codes
and the applicable standards for towers that are published by the
Electronic Industries Association, as amended from time to time. If, upon
inspection, the governing authority concludes that a tower fails to comply
with such codes and standards and constitutes a danger to persons or
property, then upon notice being provided to the owner of the tower, the
owner shall have thirty (30) days to bring such tower into compliance with
such standards. If the owner fails to bring such tower into compliance
within said thirty (30) days, the governing authority may remove such
tower at the owner's expense.
9. SECURITY FENCING . Towers shall be enclosed by security fencing not
less than six feet in height and shall also be equipped with an appropriate
anti-climbing device. Alternative towers shall be equipped with
appropriate security and anti-climbing protections.
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4. PERMITTED USES.
a. GENERAL. The uses listed in this Section 4 are deemed to be permitted
uses and shall not require administrative review or a special use permit.
Nevertheless, all such uses shall comply with Sections 3.d., 3.e., and 3.f.
of this ordinance and all other applicable ordinances.
b. SPECIFIC PERMITTED USES. The following uses are specifically
permitted;
(1) Locating a tower or antenna, including the placement of additional
buildings or other supporting equipment used in connection with
said tower or antenna, in the Rural Area or Long Term Commercial
Forest Land provided, however, that such tower shall be set back a
distance equal to the height of the tower from an adjoining property
line, unless an easement has been granted by the adjoining
property owner(s). Also, provided that the tower or antenna is no
higher than 90 feet for one user, 120 feet for two users and 150
feet for three users. Also, provided that the Department of
Community Development may waive this height limit by up to 10%
for the placement of whip antennas where there is little visual
impact,
(2) Installing an antenna on an existing structure other than a tower
(such as a building, sign, light pole, water tower, or other free-
standing nonresidential structure) that is fifty (50)ft in height or
greater, so long as said additional antenna adds no more than
twenty (20) feet to the height of said existing structure.
(3) Installing an antenna on an existing structure other than a
tower(such as a building, sign, light pole, water tower, or other
free-standing nonresidential structure) that is less than fifty (50)
feet in height so long as said additional antenna adds no more
than five feet or 40 percent (whichever is greater) to the height of
said existing structure.
(4) Installing an antenna on any existing tower of any height, so long
as the addition of said antenna adds no more than twenty (20) feet
to the height of said tower, provided, that such specific permitted
use shall not include the placement of additional buildings or other
supporting equipment used in connection with said antenna;
provided, however, that the proposed height of the tower is no
more than the distance to the nearest adjoining property line,
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unless an easement has been granted by the adjoining property
owner(s).
(5) Locating a tower or antenna or alternative structure under 35 feet
in height provided that the total height of the structure is no more
than the distance to the nearest adjoining property line, unless an
easement has been granted by the adjoining property owner(s).
5. ADMINISTRATIVE APPROVALS.
a. GENERAL
(1) The Mason County Department of Community Development may
administratively approve the uses listed in this section.
(2) Each applicant for administrative approval shall apply to the
Department of Community Development, providing the information
set forth in Sections 6.b. and 6.d. of this ordinance.
(3) The Department of Community Development shall respond to each
such application within sixty (60) days after receiving a completed
application by either approving or denying the application.
(4) In connection with any administrative approval the Department of
Community Development may, in order to encourage shared use,
administratively waive a required setback requirement by up to fifty
percent (50%). In cases where there is little visual impact, the
Department of Community Development may administratively
waive the height limit on towers by up to 10% for the placement of
whip antennas:
(5) If an administrative approval is denied, the applicant may appeal
said denial in accordance with the provisions set forth in the Mason
County Development Code, Title 15.
b. SPECIFIC ADMINISTRATIVELY APPROVED USES.
The following uses may be approved by the Department of Community
Development after conducting an administrative review-
(1) Installing an antenna on an existing structure other than a tower
(such as a building, sign, light pole, water tower, or other free
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standing nonresidential structure) that is less than fifty (50) feet in
height, so long as such addition adds more than five feet but not
more than twenty (20)-feet to the height of the existing structure.
(2) Installing an antenna on an existing tower of any height, including
a pre-existing tower and further including the placement of
additional buildings or other supporting equipment used in
connection with said antenna, so long as the addition of said
antenna adds no more than twenty (20) feet to the height of said
existing tower; provided, however, that the total height of the tower
is no greater than the distance to the nearest adjoining property
line, unless an easement has been granted by the adjoining
property owner(s).
(3) Locating any alternative tower structure in in an Urban Area, Rural
Activity Center or Rural Community Center which is determined by
the Department of Community Development to be in conformity
with the goals set forth in Section 3.a. of this ordinance; provided,
however, that said structure is no higher than 70 feet.
6. SPECIAL USE PERMITS.
a. GENERAL
The following provisions shall govern the issuance of special use permits
(special use permits will be considered a Type III application and will be
processed per Title 15, Mason County Development Code, Section
15.09.050):
(1) If the tower or antenna is not a permitted use under Section 4 of
this ordinance or permitted to be approved administratively
pursuant to Section 5 of this ordinance, then a special use permit
shall be required for the construction of a tower or the placement of
an antenna.
(2) In granting a special use permit, the governing authority may
impose conditions to the extent the governing authority concludes
such conditions are necessary to minimize any adverse effect of
the proposed tower on adjoining properties.
(3) Engineering information that the applicant submits, whether civil,
mechanical, or electrical shall be certified by a licensed
professional engineer.
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b. INFORMATION REQUIRED
Each applicant requesting a special use permit under this ordinance shall
submit a scaled site Plan and a scaled elevation view and other
supporting drawings, calculations, and other documentation, signed and
sealed by appropriate licensed professionals, showing the location and
dimensions of all improvements, including information concerning
topography, radio frequency coverage, tower height requirements,
setbacks, drives, parking, fencing, landscaping, adjacent uses, and other
information deemed by the governing authority to be necessary to assess
compliance with this ordinance.
C. FACTORS CONSIDERED IN GRANTING. SPECIAL USE PERMITS
The governing authority shall consider the following factors in determining
whether to issue a special use permit, although the governing authority
may waive or reduce the burden on the applicant of one or more of these
criteria if the governing authority, concludes that the goals of this
ordinance are better served thereby.
(1) Height of the proposed tower-,
(2) Proximity of the tower to residential structures and residential
district boundaries;
(3) Nature of uses on adjacent and nearby properties-,
(4) Surrounding tree coverage and foliage;
(5) Surrounding topography;
(6) Design of the tower, with particular reference to design
characteristics that have the effect of reducing or eliminating visual
obtrusiveness; and
(7) Proposed ingress and egress; and
(8) Availability of suitable existing towers and other structures as
discussed in Section 6.d of this ordinance.
d. AVAILABILITY OF SUITABLE EXISTING TOWERS OR OTHER
STRUCTURES
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No new tower shall be permitted unless the applicant demonstrates to the
reasonable satisfaction of the governing authority that no existing tower or
structure can accommodate the applicant's proposed antenna. Evidence
submitted to demonstrate that no existing tower or structure can
accommodate the applicant's proposed antenna may consist of any of the
following:
(1) No existing towers or structures are located within the geographic
area required to meet applicant's engineering requirements.
(2) Existing towers or structures are not of sufficient height to meet
applicant's engineering requirements.
(3) Existing towers or structures do not have sufficient structural
strength to support applicant's proposed antenna and related
equipment.
(4) The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures,
or the antenna on the existing towers of structures would cause
interference with the applicant's proposed antenna.
(5) The fees, costs, or contractual provisions required by the owner in
order to share an existing tower or structure or to adapt an existing
tower or structure for sharing are unreasonable. Costs exceeding
new tower development are presumed to be unreasonable.
(6) The applicant demonstrates that there are other limiting factors that
render existing towers and structures unreasonable.
e. SETBACKS AND SEPARATION
The following setbacks and separation requirements shall apply to all
towers and antennas for which a special use permit is required; provided,
however, that the governing authority may reduce the standard setbacks
and separation requirements, if the goals of this ordinance would be
better served thereby.
(1) Towers must be set back a distance equal to the height of the
tower from the nearest adjoining property line, unless an easement
has been granted by the adjoining property owner(s).
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(2) Towers, guys, and accessory facilities must satisfy the minimum
setback requirements established as part of the Comprehensive
Plan (including those established in the development regulations,
interim resource ordinance, shorelines master program, etc.).
(3) Towers over ninety (90) feet in height shall be clustered whenever
possible. If clustering is not possible then towers over ninety (90)
feet in height shall not be located within one-quarter mile from any
existing tower that is over ninety (90) feet in height. Clustering of
facilities shall allow a minimum separation between the base of the
towers or structures that is no more than necessary for access,
structural reasons, or to prevent interference in the facility's
operations.
f. LANDSCAPING
The following requirements shall govern the landscaping surrounding
towers.for,which a special use permit is required; provided, however, that
the governing authority may waive such requirements if the goals of this
ordinance would be better served thereby.
(1) Tower facilities shall be landscaped with a buffer of plant material
that effectively screens the view of the tower compound from
adjacent residential property. The standard buffer shall consist of
a landscaped strip at least four (4) feet wide outside the perimeter
of the compound with three (3) canopy trees, six (6) under story
trees, and nine (9) shrubs planted per 100 linear feet of buffer (see
the Mason County Development Regulations for further
information).
(2) In locations where the visual impact of the tower would be minimal,
the landscaping requirements may be reduced or waived
altogether.
(3) Existing mature tree growth and natural land forms on the site shall
be preserved to the maximum extent possible. In some cases,
such towers sited on large, wooded lots, natural growth around the
property perimeter may be sufficient buffer.
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7, REMOVAL OF ABANDONED ANTENNAS AND TOWERS.
Any antenna or tower that is not operated for a continuous period of twelve (12)
months shall be considered abandoned, and the owner of such antenna or tower
shall remove same within ninety (90) days of receipt of notice from the governing
authority notifying the owner of such abandonment. If such antenna or tower is
not removed within said ninety (90) days, the governing authority may remove
such antenna or tower at the owner's expense. If there are two or more users of
a single tower, then this provision shall not become effective until all users
cease using the tower.
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