ORD 09-633ORDINANCE NO. 09-633
AN ORDINANCE of the City of Federal Way, Washington, relating to Personal
Wireless Service Facilities: amending FWRC 19.255.010, 19.255.020, 19.255.040,
19.255.050, 19.255.080, and 19.255.100; repealing FWRC 19.255.0'70, and 19.255.090;
amending FWRC 19.195.190,19.200.190, 19.205.200, 19.210.050, 19.215.100, 19.220.120,
19.255.120, 19.230.140, 19.235.100, and 19.240.140; and repealing FWRC 19.245.010
(Amending Ordinance Nos. 97-300, 00-363, O1-399, 06-515; 07-559, and 08-585).
WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way Revised
Code (FWRC), "Zoning and Development Code," in order to conform to state and federal law, codify
administrative practices, clarify and update zoning regulations as deemed necessary, and improve the
efficiency of the regulations and the development review process; and
WHEREAS, this ordinance, containing amendments to development regulations and the text of Title
19 FWRC has complied with Process VI review, chapter 19.80 FWRC, pursuant to chapter 19.35 FWRC;
and
WHEREAS, it is in the public interest for the City Council to adopt new amendments for the FWRC
which establishes development regularions for Personal Wireless Service Facilities (PWSF) within the
City of Federal Way; and
WHEREAS, the existing PWSF ordinance has been found to be inefficient; and
WHEREAS, the existing PWSF ordinance does not meet the needs of current technology; and
WHEREAS, the existing PWSF ordinance does not support strong visual aesthetic values; and
WHEREAS, an Environmental Determination of Nonsigni�cance (DNS) was properly issued for the
Proposal on September 12, 2009, and no comments or appeals were received and the DNS was finalized
on October 12, 2009; and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these
code amendments on October 7, 2009, and forwarded a recommendation of approval to the City Council;
and
Ordinance No.09-633 Page 1 of 25
WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered
these code amendments on October 19, 2009, and recommended adoption of the text amendments as
recommended by the Planning Commission;
NOW, THEIrEFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Findin�s. The City Council of the City of Federal Way makes the following findings with
respect to the proposed amendments.
(a) These code amendments are in the best interest of the residents of the city and will benefit the
city as a whole by providing the opportunity for a stronger communications network within the city and
aesthetically pleasing PWSFs.
(b} These code amendments are consistent with the intent and purpose of Title 19 FWRC and
will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan.
(c) These code amendments bear a substantial relationship to, and will protect and not adversely
affect, the public health, safety, and welfare.
(d) T'hese code amendments have followed the proper procedure required under the FWRC.
Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 1935 FWRC, and based upon
the recitals and the findings set forth in Section l, the Federal Way City Council makes the following
Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed
amendments:
(a) The proposed amendments are consistent with, and substantially implement, the following
Federal Way Comprehensive Plan goals and policies:
LUGl Improve the appearance and function of the built environment.
LUPl Use residential design performance standards to maintain neighborhood character
and ensure compatibility with surrounding uses.
Ordinance No.09-633 Page 2 of 25
LUG2 Develop an efficient and timely development review process based on public/private
partnerships.
LUP4 Maximize efficiency of the development review process.
LUP6 Conduct regular reviews of development regulations to determine how to improve
upon the permit review process.
PUGl Work with private utility companies to allow them to provide full and timely service
that meets the needs of the City's residents and businesses, both present and future.
PUG2 Work with private utility companies to allow them to provide service in a way that
balances cost-effectiveness with environmental protection, aesthetic impact, public safety,
and public health.
PUG3 Process permits for private utility facilities in an efficient and timely manner, in
accordance with franchise agreements, development regulations, the FWCP, and adopted
codes.
(b) The proposed amendments bear a substantial relationship to the public health, safety, and
welfare because they provide for a more streamlined permit processing, which in turn ultimately
translates into a more reliable communicarions network. Additionally, the amendments afford the city
more flexibility to offer a communications solution following a disaster or accident.
(c) The proposed amendments are in the best interest of the public and the residents of the City
of Federal Way because they would provide the opportunity for a stronger communications network
within the city and aesthetically pleasing PWSFs.
Section 3. FWRC 19.255.010 is hereby amended to read as follows:
19.255.010 Personal wireless service facilities (PWSF�.
(1) Purpose. This section addresses the issues of location and appearance associated with
personal wireless service facilities. It provides adequate siting opportunities through a wide range of
locations and options which minimize safety hazards and visual impacts sometimes associated with
wireless communications technology. b a ''•'"`'"'o"
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Ordinance No.09-633 Page 3 of 25
(2) Definitions. Any words, terms or phrases used in this section which are not otherwise defined
shall have the meanings set forth in Chapter 19.05 FWRC.
(3) Exemptions. The following antennas and facilities are exempt from the provisions of this
section and shall be permitted in all zones consistent with applicable development standards as
outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations:
(a) Wireless communication facilities used by federal, state, or local public agencies for
temporary emergency communications in the event of a disaster, emergency preparedness, and public
health or safety purposes.
(b) Industrial processing equipment and scientific or medical equipment using frequencies
regulated by the FCC; provided such equipment complies with all applicable provisions of FWRC
19.110.050, Compliance generally, 19.110.060, Exceptions, and 19.110.070, Rooftop appurtenances.
(c) Citizen band radio antennas or antennas operated by federally licensed amateur ("ham")
radio operators; provided such antennas comply with all applicable provisions of FWRC 19.110.050,
Compliance generally, 19.110.060, Exceptions, and 19.110.070, Rooftop appurtenances.
(d) Satellite dish antennas less than two meters in diameter, including direct-to-home satellite
services, when used as a secondary use of the property; provided such antennas comply with all
applicable provisions of FWRC 19.110.050, Compliance generally, 19.110.060, Exceptions, and
19.110.070, Rooftop appurtenances.
(e) Automated meter reading (AMR) facilities for the purpose of collecting utility meter data
for use in the sale of utility services, except for whip or other antennas greater than two feet in length;
provided the AMR facilities are within the scope of activities permitted under a valid franchise
agreement between the utility service provider and the city.
Routine maintenance or repair of a wireless communication facility and related equipment
excluding sixuctural work or changes in height, dimensions, or visual impacts of the antenna, tower,
or buildings; provided, that compliance with the standards of this title is maintained.
(�l Equinment cabinet additions or upQrades within existin� equipment enclosures or
buildings so lons as there is no material area expansion of the equipment enclosure or buildinQ, or
change to the approved architectural desi�n of the existing equipment enclosure or buildin�.
(4) Prioritized locations. The following sites shall be the required order of locations for proposed
PWSFs, including antenna and equipment shelters. In proposing a PWSF in a particular location, the
applicant shall analyze the feasibility of locating the proposed PWSF in each of the higher priority
locations and document, to the city's satisfaction, why locating the PWSF in each higher priority
location and/or zone is not being proposed. In order of preference, the prioritized locations for PWSFs
are as follows:
(a} Structures located in the BPA trail. A PWSF inay be located on any existing support
structure currently located in the easement upon which are located U.S. Department of Energy/
Bonneville Power Administration ("BPA") Power Lines regardless of underlying zoning.
(b) Existing broadcast, relay and transmission towers. A PWSF inay be located on an
existing site or tower where a legal wireless telecommunication facility is currently located regardless
of underlying zoning. If an existing site or tower is located within a one mile radius of a proposed
PWSF location, the applicant shall document why collocation on the existing site or tower is not
being proposed, regardless of whether the existing site or tower is located within the jurisdiction of
the city.
(c) Institutional structures. If the city institutional uses. or other Qublic a e�nc_v
consents to such location, a PWSF inay be located on existing structures
such as water towers, utility structures, fire stations, bridges, churches, schools and
other public buildings within all zoning districts, provided the public facilities are not located within
public rights-of-way.
(d) Appropriate Na °as� zoninQ districts. A PWSF
may be located on private buildings or structures within
Ordinance No.09-633 Page 4 of 25
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(e) Appropriate public rights-of-way. For the purposes of this section, appropriate public
rights-of-way shall be defined as including those public rights-of-way with functional street
classifications of principal arterial, minor arterial, and principal collector. A PWSF inay be located on
existing structures in appropriate public rights-of-way. Structures proposed for location of PWSFs
shall be separated by at least 330 linear feet. �x'�+'�' t� M°
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Location of a PWSF on an existing structure in an appropriate public right-of-way
shall require a right-of-way permit in addition to the required use process approval.
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If the PWSF is proposed to be located in an appropriate public right-of-way and the
surrounding uses or zoning are not the same, that portion of the right-of-way with the most intensive
use and/or zoning shall be the preferred location.
If the PWSF is proposed to be located in an appropriate public right-of-way and surrounding
uses or zoning are the same, the preferred location shall be that portion of the right-of-way with the
least adverse visual impacts.
(fj If the applicant demonstrates to the city's satisfaction that it is not technically possible to
site in a prioritized location, the city reserves the right to approve alternative site locations if a denial
would be in violation of the 1996 Telecommunications Act, as determined by the city.
(Ord. No. 08-585, 3(Exh. A}, 11-4-08; Ord. No. O1-399, 3, 8-7-Oi; Ord. No. 00-363, 14, 1-4-00; Ord.
No. 97-300, 3, 9-16-97. Code 2001 22-966.)
Section 4. FWRC 19.255.020 is hereby amended to read as follows:
19.255.020 Development standards.
The following development standards shall be followed in the design, siting, and construction of a
personal wireless service facility:
(1) Building- or structure-mounted PWSFs on existtn�
buildings or structures in or out of the public ri�ht-of-wav. PWSFs mounted on existing buildings and
structures shall conform to the following development standards:
(a) The PWSF shall consist only of the following types of facilities:
(i) A microcell or a minor facility; or
(ii) A PWSF that exceeds the minor facility thresholds for number of antennas,
dimensions, and/or area, but creates no more adverse impacts than a minor facility, as determined by
the director of community development services, subject to meeting all of the following standards:
(A) The facility shall not create substantially more adverse visual impact than a minor
facility; and
(B) The equipment cabinet for the PWSF shall meet all requirements of subsection (3�
of this section; and
Ordinance No.09-633 Page S of 25
(C) The maximum size of the PWSF panels and number of antennas shall be
determined by the director of community development services, based on the specific project
location, surrounding environment, and potential visual impacts; and
(D) The PWSF shall comply with all other applicable standards of the Federal Way
Revised Code.
(b} The combined antennas and supporting structure may extend up to, but not exceed, 15 feet
above the existing or proposed roof or other structure regardless of whether the existing structure is in
conformance with the existing maximum height of the underlying zone as outlined in the use zone
charts, FWRC Title 19, Division VI, Zoning Regulations. Antennas may be mounted to rooftop
appurtenances, as identified in 19.110.070, provided they do not extend beyond 15 feet above the �ee€
maximum height of the structure as defined per FWRC 19.05.080 H definitions.
(c) For PWSF's located in the right-of-wav the combined antennas mav extend up to the
minimum necessary height to meet safety clearances re�uired by the operator of the existinQ structure,
but not exceed 15 feet above the existin� structure plus the height of the proposed antennas as
�ecified in subsection (1�(e) of this section. The maximum allowable hei�ht of the new structure
with the PWSF antennas shall be determined bv the director of communi development services,
depending upon the antenna type design location on the structure and the proposed method of
attachment An existin� structure can be increased in height onlv once per a 12-month period. Anv
structure whether a new or replacement structure located in apublic right-of-wav must be similar in
terms of size (exc�t hei�ht) shape color material and location to the existin� and surroundinQ
structures as determined bv the director of community development services. The antenna extension
mav be�ermitted re�ardless of whether the existin� structure is in conformance with the maximum
hei�ht of the underlvin� zone as outlined in the use zone charts FWRC Title 19. Division VI, Zonin�
Re�ulations.
�The antennas are mounted on the building or structure such that they are located and
designed to minimize visual and aesthetic impacts to surrounding land uses and structures and shall,
to the greatest extent practical, blend into the existing environment pursuant to subsection (4� �3,� of
this section. Panel and parabolic antennas shall be screened from residential views and public rights-
of-way unless meeting the provision of FWRC 19.110.070(2)(b).
It is the applicanYs responsibilitv to prove that the maximum size of the PWSF panels and
number of antennas is the minimum size necessar The maximum size of antennas to be located on
existinQ structures in a public ri�ht-of-wav shall be two feet in diameter for parabolic antennas, ei�ht
feet in hei ng t for panel antennas, and 15 feet in hei�ht for whip antennas.
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Ordinance No.09-633 Page 6 of 25
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�e-} Required setbacks shall not pertain to PWSFs within public rights-of-way e�
Within
residential zones, equipment enclosures and buildin�s to house equipment cabinets located above
ground on properties adjacent to the public right-of-way shall meet all applicable setback
requirements for residential development of the underlying zone. For developed sites in
nonresidential zones, the setback requirements for the equipment enclosure shall be those of the
principal use of the subject property. For undeveloped sites in nonresidential zones, the setback
requirements for the equipment enclosure shall be 20 feet for front, side, and rear yards.
�2,1 New freestanding PWSFs. All requirements of the associated land use zoning charts must
be met. Additionallv, �these structures shall conform to the following site development standards:
(a) Placement of a freestanding PWSF shall be denied if placement of the antennas on an
existing structure can meet the applicant's technical and network location requirements.
(b) Monopoles shall be the only freestanding structures allowed in the city; except that a
lattice tower may be used to accommodate the collocation of four or more providers as part of a joint
permit application.
(c) In no case shall a freestanding PWSF be located closer than 500 feet to an existing
freestanding PWSF whether it is owned or utilized by the applicant or another provider.
(d) A freestanding PWSF, including the support structure and associated electronic
equipment, shall comply with all required setbacks of the zoning district in which it is located. For
developed sites, the setback requirements shall be those of the principal use of the subject property.
For undeveloped sites, the setback requirements for new freestanding PWSFs shall be 20 feet for
front, side, and rear yards.
(e) Freestanding PWSFs shall be designed and placed on the site in a manner that takes
maximum advantage of existing trees, mature vegetation, and structures so as to:
(i) Use existing site features to screen as much of the total PWSF as possible from
prevalent views; and/or
(ii) Use existing site features as a background so that the total PWSF blends into the
background with increased distances.
Ordinanee No.09-633 Page 7 of 25
fl In reviewing the proposed placement of a facility on the site and any associated
landscaping, the city may condition the application to supplement existing trees and mature
vegetation to more effectively screen the facility.
(g) Support structures, antennas, and any associated hardware shall be camoufla�ed to blend
in harmoniouslv within the existin� site throu�h the use of faux-structural desi�ns, or when not
technolo i�'cally or aestheticallv feasilile, painted in a non-reflective se�e�-e� color scheme appropriate
to the background against which the PWSF would be viewed from a majority of points within its
viewshed. The proposed color or color scheme shall be approved by the hearing examiner or director
of community development ��es�e� services.
Screening standards for all PWSFs. PWSFs shall be screened or camouflaged through
employing the best available technology and design, as determined by the city. This may be
accomplished by use of compatible materials, location, landscaping, color, stealth techniques such as,
but not limited to, artificial trees and hollow flag poles, and/or other methods or techniques to achieve
minimum visibility of the facility as viewed from public streets or residential properties. In addition,
the provisions for landscaping as outlined in the use zone charts, FWRC Title 19, Division VI,
Zoning Regulations, shall apply.
(3� �4,� Standards for electronics cabinets.
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shall either:
'�Be placed in e� a new or existing completely
enclosed buildin�. It is the applicant's responsibilitv to�rove that the maximum size of the buildin� is
the minimum size necessarv to house the equipment, or;
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(�v� ii Be placed above ground in a new ee�e�el}
e�lesec�i�g or existing equipment enclosure It is the applicant's responsibility to prove that the
maximum size of the enclosure is the minimum size necessarv to house the equipment.
(b} T�' Equipment enclosures shall be screened with one or a combination of the
following methods, which shall be acceptable to the city: fencing, walls, landscaping, structures,
buildings or topography which will block the view of the equipment enclosure to the greatest extent
possible from any street and/or adjacent properties, as determined by the director of community
development services. Screening may be located anywhere between the enclosure and the above-
mentioned viewpoints. Landscaping for the purposes of screening shall be maintained in a healthy
condition, pursuant to FWRC 19.125.090(2) a°+°-
�d-} If the equipment cabinet is located within a new s�a�e� enclosed building, the
building shall conform to all applicable development standards and design guidelines for the
Ordinance No.09-633 Page 8 of 25
underlying zone. The s�� enclosed building shall be architecturally designed and shall be
compatible with existing buildings on the site. The Ee�e�e� enclosed building shall be screened to
the greatest extent possible from any street and/or adjacent properties by landscaping and/or
topography.
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(a) Electronic equipment enclosures shall not be allowed within the ri�ht-of-wa�
{s� In residential zones, equipment enclosures located above ground on properties
adjacent to the public right-o,f-way shall meet all applicable setback requirements for residential
development of the underlying zone. For developed sites in nonresidential zones, the setback
requirements for the equipment enclosure shall be those of the principal use of the subject property.
For undeveloped sites in nonresidential zones, the setback requirements for the equipment enclosure
shall be 20 feet for front, side, and rear yards. However, for undeveloped sites in nonresidential zones,
if the a�,plicant can demonstrate that the eguipment enclosure can blend in harmoniouslv with the
existin� site and complement the landscape buffer requirements of the underlvinQ zone, as determined
appropriate by the director of communitv development services, the equipment enclosure can be
located inside of the 20 foot setback but outside of the reauired landscaping buffer of the underl
zone.
Equipment enclosures shall be designed, located, and screened to minimize adverse
visual impacts from the public right-of-way and adjacent properties.
(e� Equipment enclosures shall be designed, located, and screened to minimize adverse
visual and functional impacts on the pedestrian environment.
4€j Equipment enclosures and screening shall not adversely impact vehicular sight
distance.
�6,� Security fencing.
Ordinance No.09-633 Page 9 of 25
(a) No fence shall exceed six feet in height as stipulated in FWRC 19.125.160(5).
(b) Security fencing shall be effectively screened from view through the use of appropriate
landscaping materials.
(c) Chain-link fences shall be painted or coated with a nonreflective color.
f8} Cumulative effects. The city shall consider the cumulative visual effects of PWSFs
mounted on existing structures and/or located on a given permitted site in determining whether
additional pernvts may be granted so as to not adversely effect the visual character of the city.
�8,2 Signage. No wireless equipment shall be used for the purpose of mounting signs or
message displays of any kind, except for small signs used for idenrification, hazard warnin�, and
name of provider.
Use zone charts, height and permit process.
(a) The final approval authority for applications made under this section shall be defined by
the appropriate permit process as outlined in the use zone charts, FWRC Title 19, Division VI,
Zoning Regulations.
(b) Allowed heights shall be established relative to appropriate process as outlined in the use
zone charts, FWRC Title 19, Division VI, Zoning Regulations.
(Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No. 01-399, 3, 8-7-01; Ord. No. 00-363, 14, 1-4-00; Ord. No.
97-300, 3, 9-16-97. Code 2001 22-967.)
Section 5. FWRC 19.255.040 is hereby amended to read as follows:
19.255.440 Temporary personal wireless service facilities.
As determined by the director of community development services, a temporary personal wireless
service facility, or cell-on-wheels, may be deployed and operated as follows:
(1) For a period of 90 days during the construction of a freestanding PWSF which has been
approved through the appropriate pernut process; provided, that the temporary personal wireless
service facility or cell-on-wheels creates no more adverse impacts than the PWSF which was
approved through the appropriate permit process. Only one temporary personal wireless service
facility or cell-on-wheels shall be permitted for a single site.
(2) For a period of �s time determined to be �pro�riate bv the director of communitv
development services, during an emergency declared by the city, state, or federal government that has
caused a freestanding PWSF which has been approved through the appropriate pernut process to
become involuntarily non-operational; provided, that the temporary personal wireless service facility
or cell-on-wheels creates no more adverse impacts than the PWSF which was approved through the
appropriate pernut process.
(3) Prior to installation of the temporary PWSF, the applicant shall provide the city with a cash
bond in an amount to be determined by the director of community development services in order to
guarantee performance of future removal and restoration of the site.
(Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code
2001 22-969.)
Section 6. FWRC 19.255.050 is hereby amended to read as follows:
19.255.050 Application requirements.
(1) Except for temporary personal wireless facilities, permit applications made under this section
shall include the following minimum information in addition to that required for the underlying
permit review process:
(a) A diagram or map showing the primary viewshed of the proposed facility.
(b) Photosimulations of the proposed facility from affected properties and public rights-of-
way at varying distances. These photo simulations should include examples of camouflage and stealth
installation options.
Ordinance No.09-633 Page 10 of 2S
(c} Architectural elevations of proposed facility and site.
(d) A coverage chart of the proposed PWSF at the requested height and an explanation of the
need for that facility at that height and in that location.
(e) An inventory of other PWSF sites operated by the applicant or other providers within a
one-mile radius of the proposed PWSF location, ��'•�a�
fl A site/landscaping plan showing the specific placement of the PWSF on the site; showing
the location of existing structures, trees, and other significant site features; and indicating type and
locations of plant materials used to screen PWSF components.
(g) If the PWSF electronic equipment cabinet is proposed to be located above ground,
�a3; an explanation of why it is impracticable to locate the cabinet underground.
Documentation of efforts to collocate on existing facilities.
The city may require the applicant, at the applicant's expense, to provide any additional
information, mapping, studies, materials, inspections, or reviews that are reasonably necessary to
implement this chapter and to require that such information, studies, mapping, materials, inspections,
and reviews be reviewed by a qualified professional under contract to the city, also at the applicanYs
expense.
(2) Permit applications for temporary personal wireless service facilities shall include the
following minimum information:
(a) Documentation of previously permitted facility.
(b) Site plan showing proposed location of temporary facility in relationship to the location of
the previously permitted facility and property boundaries, including dimensions from the property
lines and height of proposed facility.
(c) Photographs of the proposed facility.
(Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No. 01-399, 3, 8-7-Oi; Ord. No. 00-363, 14, 1-4-00; Ord. No.
97-300, 3, 9-16-97. Code 2001 22-970.)
Section 7. FWRC 19.255.080 is hereby amended to read as follows:
19.255.070 Removal of facility.
(1) Abandonment and removal. The owner or operator of a PWSF shall provide the city with a
copy of the notice of intent to cease operations required by the FCC at the time it is submitted to the
FCC. Additionally, the owner or operator of a PWSF shall notify the city in writing of the
abandonment of a particular facility within 30 days of the date the PWSF is abandoned. T'he
abandoned PWSF shall be removed by the facility owner within 90 days of the date the PWSF is
abandoned, the permit is revoked, or if the facility falls into disrepair and is not maintained, as
determined by the city. Disrepair includes structural features, paint, landscaping, or general lack of
maintenance which could result in adverse safety or visual impacts. If there are two or more users of a
single tower, then the city's right to remove the tower shall not become effective until all users
abandon the tower.
Ordinance No.09-633 Page 11 of 25
(2) Partial abandonment and removal. If the abandoned antennas on any PWSF are removed or
relocated to a point where the top 20 percent or more of the height of the supporting structure is no
longer in use, the PWSF shall be considered partially abandoned. The owner or operator of any
partially abandoned PWSF shall notify the city in writing of the partial abandonment of a particular
facility within 30 days of the date the PWSF is partially abandoned. The owner of the PWSF shall
have 120 days from the date of partial abandonment to collocate another service on the PWSF. If
another service provider is not added to the PWSF within the allowed 120-day collocation period, the
owner shall in 210 days of partia] abandonment, dismantle and remove that portion of the supporting
structure which exceeds the point at which the highest operational antenna is mounted.
(3) Removal and lien. If the provider fails to remove the abandoned or partially abandoned
facility upon 210 days of its abandonment or partial abandonment, the responsibility for removal falls
upon the property owner on which the abandoned or partially abandoned facility is located. The city
may enforce this subsection using the procedures as set forth in FWRC 1.15.010.
(Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code
2001 22-973.)
Section 8. FWRC 19.255.100 is hereby amended to read as follows:
°.'�w 19.255.80 Revocation of permit.
A permit issued under this chapter may be revoked, suspended or denied for any one or more of
the following reasons:
(1) Failure to comply with any federal, state or local laws or regulations;
(2) Failure to comply with any of the terms and conditions imposed by the city on the issuance of
a permit;
(3) When the pernut was procured by fraud, false representation, or omission of material facts;
(4) Failure to cooperate with other PWSF providers in collocation efforts as required by this
chapter;
(5) Failure to comply with federal standards for EMF emissions; and
(6) Failure to remedy localized interference with the reception of area television or radio
broadcasts or the functioning of other electronic devices.
(7) Pursuant to FWRC 19.05300(3), the city, as the applicant, shall use the same process to
determine if the permit shall be revoked as it used to grant the permit.
(Ord. No. 08-585, 3(E�. A), 11-4-08; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code
2001 22-975.)
Section 9. FWRC 19.255.070 is hereby repealed as follows:
in �ec n�n �r,r� �.....a.,..a� ....a ;..+,...r
F .ae....t �+..,...�.,«,7� T4' �l..o ,�e...V,;+ .,,Le.� +l.e,� �l�o F ..:1:+.:s1,..11 1.0 .0.7
v...
C�T���Y}8�� �YritircnS�kFB ����r '11 1 1' +er� o �'sl'�iic
Ordinance No.09-633 Page 12 of 25
r.
Section 10. FWRC 19.255.090 is hereby repealed as follows:
Y_
1�
e
Ordinance No.09-633 Page 13 of 25
Section 11. FWRC 19.195.190 is hereby amended to read as follows:
19.195.190 Personal wireless service facility.
The followin uses shall be ermitted in the suburban estate SE zone sub'ect to the re lations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use THEN, across for REGULATIONS.
Minimums
Re uired Yards
ZONE
z
N SE
usE o
r, p V X .p N
N
W y .3 SPECIAL REGULATIONS AND NOTES
o- o a a�'
jj oG w .S w ci� a�' x v� cG a
Personal See-t�ete See See See See Refer to See Not N/A L Not applicable. PWSFs allowed on existing structures only.
wireless note 1 note note note FWRC note allowe
service Process 1 1 i 19.255.02 3-2 d on a
facility II 0 for PWSF
(PWSF) maxi-
mum �e�
See note 4 heights
3 for for
allowed allowed
types of types of
PWSFs PWSFs
See-�e�e t#+e-s��sH�te; e�
„i..., �.e:..w. «aa ..«ao.. F\IIBf` t fl 1c[ M!1!'1\/l.\
2. All PWSFs shall be landscaped and screened in accordance with Chapter 19.125 FWRC and the provisions of the PWSF
development regularions. At a minimum, a five ft. type III landscaping area shall be required around the facility, unless the
community development services director determines that the facility is adequately screened.
4, 3. New freestanding PWSFs are not allowed. PWSFs shall be allowed only on existing towers, on publicly used structures
not lceated in public rights-of-way, on existing structures located in the BPA trail, and on existing structures in appropriate
public rights-of-way. Refer to FWRC 19.255.020 for development standards applicable to allowed types of PWSFs.
Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.130 FWRC.
Chapter 19.55 FWRC,
Chapter 19.60 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq.
Chapter 19.65 FWRC, For details tegazding required yards, see FWRC 19.125.160 et seq.
W
Ordinance No.09-631 Page 14 of 25
Section 12. FWRC 19.200.190 is hereby amended to read as follows:
19.200.190 Personal wireless service facility.
The followin uses shall be ermitted in the sin le-famil residential (RS) zone sub'ect to the re lations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use THEN, across for REGULATIONS
Minimums
Re uired Yards
ZONE
z
U
y
Use Q o
N
N v N SPECIAL REGULATIONS AND NOTES
04 o S
jj a� w ri� a: x `n w a
Personal See�eFe See See See See Refer to See Nok N/A 1. Not applicable. PWSFs allowed on existing structures only.
wireless note 1 note note note FWRC note allowed �l�ie-as�ekiewse
service Process 1 1 1 19.255.02 3 on a
facility II 0 for PWSF
(PWSF) maxi-
mum t�esHa�r
See note 4 heights
3 for for
allowed allowed
types of types of
PWSFs PWSFs
See-Aele �e-s#+�sEtt�e;-eF
3: 2 All PWSFs shall be landscaped and screened in accordance with Chapter 19.125 FWRC and the provisions of the
PWSF development regulations. At a minimum, a five ft. type III landscaping area shall be required around the facility,
unless the community development services director determines that the facility is adequately screened.
4. 3. New freestanding PWSFs are not allowed. PWSFs shall be allowed only on existing towers, on publicly used structures
not located in public rights-of-way, on existing structures located in the BPA trail, and on existing structures in appropriate
public rights-of-way. Refer to FWRC 19.255.020or development standards applicable to allowed types of PWSFs.
Process I, II, III and N are described in For other informarion about parking and parking areas, see Chapter 19.130 FWRC.
Chapter 19.55 FWRC,
Chapter 19.60 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq.
Chapter 19.65 FWRC, For details regarding required yards, see FWRC 19.125.160 et seq.
Chapter 19.70 FWRC respecrively.
Ordinance No.09-631 Page 1 S of 25
Section 13. FWRC 19.205.200 is hereby amended to read as follows:
19.205.200 Personal wireless service facility.
The followin uses shall be ermitted in the multifamil residential (RM) zone sub�ect to the re lations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use THEN, across for REGULATIONS
z Minimums
uired Yazds
ZONE
c� N N RM
w
Use a o
a SPECIAL REGULATIONS AND NOTES
y a
v� ou �0 7
u cL w` �n x a
Personal See-�+ete See See See See Refer to See Not N/A 1. Not applicable. PWSFs allowed on existing structures only.
wireless note 1 note note note FWRC note 3 allowe
service Process 1 1 1 19.255.02 2 d on a
facility II 0 for PWSF
(PWSF) maxi-
mum s�astuFe;-eF
See note 4 heights
3 for for
allowed allowed
typesof types of w�,..n....,.e.._�,.e.. �w.....e.. i n nc �cx�or r.. «we c n
PWSFs PWSFs
$ee t�eEe s�tsta�e; eF
«1.... l.e:..l.t teA ...Ae.. L`[I/D!` i �cc mni��n.�
2. All PWSFs shall be landscaped and screened in accordance with Chapter 19.125 FWRC and the provisions of the PWSF
development regulations. At a minimum, a five ft. type III landscaping area shall be required around the facility, unless the
community development services director determines that the facility is adequately screened.
4, 3. New freestanding PWSFs are not allowed. PWSFs shall be allowed only on existing towers, on publicly used structures not
located in public rights-of-way, on existing structures located in the BPA trail, and on existing structures in appropriate public
rights-of-way. Refer to F'WRC 19.255A20 for development standards applicable to allowed types of PWSFs.
Process I, II, III and N are described in For other informafion about parking and parking areas, see Chapter 19.130 FWRC.
22-351 —22-356,
22-361 22-370 Far details of what may exceed this height limit, see FWRC 19.110.050 et seq.
22-386 22-411, For details regarding required yards, see FWRC 19.125.160 et seq.
22-431 22-460,respectively.
Ordinance No.09-631 Page 16 of 25
Section 14. FWRC 19.210.050 is hereby amended to read as follows:
19.210.050 Personal wireless service facility.
The followin uses shall be ermitted in the rofessional office PO) zone sub'ect to the re lations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIl25T, read down to find use THEN, across for REGULATIONS
Minimums
Re uired Yards
ZONE
z
PO
Use o
a
a�i a� v�
3 N N SPECIAL REGULATIONS AND NOTES
a a �3
ll w x x xw
Personal See-t�ete See See See See Refer to See Not N/A 1. Not applicable. PWSFs allowed on existing structures only.
wireless note 1 note note note FWRC note allowe
service Process 1 1 1 19.255.02 3 d on a
faciliry II 0 for 2 PWSF
maati-
See note 4 mum E#�
3 for heights
allowed for
types of allowed
PWSFs types of
PWSFs
See-taete ��+re;-ef
2. All PWSFs shall be landscaped and screened in accordance with Chapter 19.125 FWRC and the provisions of the
PWSF development regulations. At a minimum, a five ft. type III landscaping area shall be required around the facility,
unless the community development services director detetmines that the facility is adequately screened.
4 3. New freestanding PWSFs are not allowed. PWSFs shall be allowed only on existing towers, on nrivate buildines and
struc res on publicly used structures not located in public rights-of-way, on exisring strucWres located in the BPA trail, and
on existing structures in appropriate pubiic rights-of-way. Refer to FWRC 19.255.020 for development standards applicable
to allowed types of PWSFs.
Process I, II, III and N are described in For other information about pazking and parking areas, see Chapter 19.130 FWRC.
Chapter 19.55 FWRC,
Chapter 19.60 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq.
Chapter 19.65 FWRC, For details regarding required yards, see FWRC 19.125.160 et seq
Cha ter 19J0 FWRC re ctivel
Ordinance No.09-631 Page 17 of 25
Section 15. FWRC 19.215.100 is hereby amended to read as follows:
19.215.100 Personal wireless service facility.
The followin uses shall be ernutted in the nei hborhood business B zone sub'ect to the re lations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use THEN, across for REGULATIONS
z Minimums
O Re uired Yards
a ZONE
BN
Use a o c Q
3 N c SPECIAL REGULATIONS AND NOTES
jj w` rn a ..'c" v� a a
Personal See-aeFe See See See See Refer to See Not N/A 1. Not applicable. PWSFs allowed on existing structures only.
wireless note 1 note note note FWRC note allowe
service Process 1 1 1 19.255.02 3 d on a
facility II 0 for 2 PWSF
(PWSF) maxi-
mum stx�sia�e;-e�
See note 4 heights
3 for for
allowed allowed w�:�-w• mm�•�a ..�ao. �uror i n 2sc mn�o�n��
types of types of
PWSFs PWSFs
See-aeEe £#�e-st�estu�e; ef
2. All PWSFs shall be landscaped and screened in accordance with Chapter 19.125 FWRC and the provisions of the PWSF
development regularions. At a minimum, a five ft. type III landscaping area shall be required around the facility, unless the
community development services director determines that the facility is adequately screened.
4. 3. New freestanding PWSFs are not allowed. PWSFs shall be allowed only on exisring towers, on nrivate buildings and
structures, on publicly used structures not located in public rights-of-way, on exisring structures located in the BPA trail, and
on existing structures in appropriate public rights-of-way. Refer to FWRC 19.255.020 for development standards applicable to
allowed types of PWSFs.
Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.130 FWRC.
Chapter 19.55 FWRC,
Chapter 19.60 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq.
Chapter 19.65 FWRC, For details regarding required yards, see FWRC 19.125.160 et seq.
Ordinance No.09-631 rage in o�
Section 16. FWRC 19.220.120 is hereby amended to read as follows:
19.220.120 Personal wireless service facility.
The followin uses shall be ermitted in the communi business (BC) zone sub'ect to the re lations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use THEN, across for REGULATIONS
Minimums
Re uired Yards
ZONE
0
N BC
Use d o
a
G SPECIAL REGULATIONS AND NOTES
w c a�
O4 v a�i o 'o 'y^
jj w aS w v� cG x :i� 'oG' a
Personal See note None See See See Refer to See Not N/A 1. For developed sites, the setback requirements shall be those of the principal use of the subject property. For undeveloped sites, the setback
wireless 2 note note note FWRC note allowed requirements for new freestanding PWSFs shall be 20 ft. for front, side, and reaz yards.
Service 1 1 1 19.255.02 4 On a Z• Subject to meeHng all applicable development standards, the review process used shall be process I, except for the following proposals:
facility 0 for PWSF a. Process �F II for the following proposals:
(1) The PWSF is located within 300 ft. of a residen6al zone; -_....:ae., n.,�c� a ..,.....e ....:,a:..,. ..w......._e
ma?ci or
See note 5 mum (2) The pWSF is located on a structure that is a residence or school or contains a residence or schoo:; n.�,c�
for allowed heights al�� or
types of for (3) The PWSF is a new freestanding PWSFs;
PWSFS allowed b. Process III if the PWSF is a lattice tower accommodating four or more providers.
types of
PWSFs
See note
3 .a.... �e:,.�...........va ....a.... c�iror in oc< nenie�n.�.
3. Maximum allowed height for a new freestanding PWSF shall be the minimum necessary to provide the service up to 100 ft., plus any height
granted under FWRC 19.110.060. A PWSF shall be allowed up to 120 ft. if there are two or more providers; except that a lattice tower of between
120 R. to 150 R will be allowed under a combined application of four or more providers.
4. All PWSF shall be landscaped and screened in accordance with Chapter 19.125 FWRC and the provisions of the PW SF development
regulations. At a minimum, a five ft. type III landscaping area shall be required amund the facilitg unless the community development services
director detemtines that the facility is adequately screened.
5. New freestanding PWSFs are allowed subject to height limits and collocarion pmvisions. PWSFs are allowed on existing towers, on privace
buildings and structures, on publicly used slructures not located in public rights-of-way, on e�cisting structures lceated in the BPA trail, and on
existing structures in appropriate public rights-of-way. Refer to FWRC 19.255.020 for development standards applicable to allowed types of
PWSFs.
Prwess I, II, Ill and IV are described in For other information about parking and parking areas, see Chapter 19.120 FWRC.
Chapter 19.55 FWRC,
Chapter 19.60 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq.
Chapter 19.65 FWRC, For details regarding required yards, see FWRC 19.125.160 et seq.
Ordinance No.09-631 Page 19 of 25
Section 17. FWRC 19.230.140 is hereby amended to read as follows
19.225.120 Personal wireless service facility.
The followin uses shall be ernutted in the ci center core (CC-C zone sub'ect to the re ulations and notes set forth in this secrion:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use THEN, across for REGULATIONS
Minimums
Re uired Yards
7.��
z
o CC-C
a o
N y SPECIAL REGULATIONS AND NOTES
b �"=x
u w' w .S w 'v�i oG x v� a a
Personal See note None See notes l and 4 Refer to See Not N/A 1. For
wireless 2 FWRC llOt@ 2110WCd r c.,...,......a:..,. o�voa.. ..�...n i.e on a a.,.... a:a.. _..a .....a., setbacks see FWRC 19.255.020(51(b).
serviCe 19.255.02 4 on a Z• Subject to meeting all applicable development standards, the review process used shall be process I, except for the following proposals:
facility Ofor PWSF
maxi-
See note 5 mum
for allowed heights
types of for (3j a. Process II if �4he PWSF is a new freestanding PWSFs;
PWSFS allowed b. Process III if the PWSF is a lattice tower accommodating fow or more providers.
types of
PWSFs
See note
3 6e:,.1.......�..va ....a.... c9lrun 1 c]'tcc rnNOV6�v�
3. Ma�cimum allowed height for a new freestanding PWSF shall be the minimum necessary to provide the service up to 100 ft., plus any height
granted under FWRC 19.I IOA60. A PWSF shall be allowed up to 120 ft. if there are two or more providers; except that a lattice tower of between
120 ft. to I50 ft. will be allowed under a combined application of four or more provideis.
4. All PWSF s6a11 be landscaped and screened in accordance with Chapter 19.125 FWRC and the provisions of the PW SF development regulations.
At a minimum, a five ft. type III landscaping area shall be required around the facility, unless the community development services director
detemrines that the facility is adequately screened
5. New freestanding PWSFs are allowed subject to height limits and collocation provisions. PWSFs are allowed on existing towers, on private
buildings and structures, on publicly used structures not lceated in public rights-of-way, on existing structures located in the BPA trail, and on
existing structures in appropriate public rights-of-way. Refer to FWRC 19.255.020 for development standards applicable to allowed types of PW SFs.
Process I, II, [II and IV are described in For other information about parking and parking areas, see Chapter 19.130 FWRC.
Chapter 19.55 FWRC,
Chapter 19.60 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq.
Chapter 19.65 FWRC, For details regarding required yards, see FWRC 91.125.160 et seq.
Cha ter 19.70 FWRC res tivel
Ordinance No.09-631 Page 20 of 25
Section 18. FWRC 19.230.140 is hereby amended to read as follows:
19.230.140 Personal wireless service facility.
The followin uses shall be ermitted in the ci center frame CC-F zone sub�ect to the re lations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use THEN, across for REGULATIONS
Minimums
R uired Yards
ZONE
z
N N CC-F
Use d o c
3 N SPECIAL REGULATIONS AND NOTES
u .Q. �a 09 c .c
a"' a w 'v�i oG x �n a,
Personal See note None See notes 1 and 43 Refer to See Not N/A 1• For
wireless 2 FWRC note allowed setbacks see FwRC 19.255.02o(51(b).
service 19.255.02 4 on a Z• Subject to meeting all applicable development standards, the review process used shall be process I, except for the following proposals:
facility 0 for PWSF a. Process III for the following proposals:
maxi-
See note 5 mum
for allowed heights
types of for (3� The PWSF is a new freestanding PWSFs or;
PWSFS allOwed (21 If the PWSF is a lattice tower accommodating four or moreproviders
types of
PWSFs
See note
3
3. Ma�cimum allowed height for a new &eestanding PWSF shall be the minimum necessary to provide tfie semce up to 100 ft., plus any height
granted under FWRC 19.110.060. A PWSF shall be allowed up to 120 ft. if there are two or more providers; except that a lattice tower of between
20 ft. to 150 ft: will be allowed under a combined application of four or more providers.
4. All PWSF shall be landscaped and screened in acwrdance with Chapter 19.125 FWRC and the provisions of the PW SF development regulations.
At a minimum, a five ft. type III landscaping area shall be required around the facility, unless the community development services direcror
deternunes that the facility is adequately screened.
5. New freestanding PWSFs are allowed subject to height limits and collocation provisions. PWSFs are allowed on existing towers, on private
buildings and structures, on publicly used structures not located in public rights-of-way, on existing structures located in the BPA trail, and on
existing sductures in appropriate public rights-of-way. Refer to FWRC 19.255.020 for development standards applicable to allowed types of P W SFs.
Process I, II, III and N are described in For other infom�ation about parking and parking areas, see Chapter 19.130 FWRC.
Chapter 19.55 FWRC,
Chapter 19.60 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq.
Chapter 19.65 FWRC, For details regarding required yards, see FWRC 19.125.160 et seq.
Ordinance No.09-631 Page 21 of 2S
Section 19. FWRC 19.235.100 is hereby amended to read as follows:
19.235.100 Personal wireless service facility.
The followin uses shall be ermitted in the office ark (OP, 9g�T) zone sub�ect to the re ulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use THEN, across for REGULATIONS
Minimums
uired Yards
ZONE
z
o h Op, n-�-4
Use d o �v
a b •a, �n
3 v SPECIAL REGULATIONS AND NOTES
w a. c a� .eu a.:�
jj w` v� x v� a.
Personal See None See See See Refer to See Not N/A 1. For
wireless note 2 note note note FWRC note allowed setbacks see FWRC 19.255.020(51(bl.
Service 1 1 1 19.255.02 4 on a 2• Subject to meering all applicable development standards, the review process used shall be process I, except for the following proposals:
faCility 0 for PWSF a. Process g for the following proposals:
(1) TI� PWSF is located wiUrin 300 ft ofa residential zon
T178X1 a,.., xe:,.�,. ,..�,...va ....ae� r�iron i n �c< n�ni��n,�.
See nOte 5 mum (2) The PWSF is located on a structure that is a residence or school or contains a residence or school; -_,...:,,e., .,.e n.x,o� ,e..� a..... e
for allowed heights
types of foi (3) The PWSF is a new freestanding PWSFs;
PWSFs allowed b. Process �F III if the PWSF is a lattice tower acwmmodating four or more providers.
types of
PWSFs
See note
3 ,.e:..,.. .._....ea .,..a.._ �,,,n „�„��.2..
3. Maximum allowed height for a new freestanding PWSF shall be the minimum necessary to provide Uie service up to 100 ft., plus any height
granted under FWRC 19.110.060. A PWSF shall be allowed up to 120 ft. if there are two or more providers; except that a lattice tower of
between 120 fi. to 150 R, will be allowed under a combined application of fow or more providers.
4. All PWSF shall be landscaped and screernd in accordance with Chapter 19.125 FWRC and the provisions of the PW SF development
regulations. At a minimum, a five ft. type III landscaping area shall be required amund the facility, unless the community development services
director determines that the facility is adequately screened.
5. New freesbnding PWSFs are allowed subject to height limits and colloca6on provisions. PWSFs are allowed on existing towers, on private
buildings and structures, on publicly used structures not located in public rigMs-of-way, on existing structures lceated in the BPA trail, and on
e�cisting structures in appropriate public rights-of-way. Refer to FWRC 19.255.020 for development standards applicable to allowed types of
PWSFs.
Process I, II, III and IV are described in For other informadon about parldng and parking areas, see Chapter 19.130 FWRC.
Chapter 19.55 FWRC,
Chapter 19.60 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq.
Chapter 19.65 FWRC, For details regarding required yards, see FWRC 19.125.160 et seq.
19.70 FWR r ectivel
Ordinance No.09-631 Page 22 of 25
Section 20. FWRC 19.240.140 is hereby amended to read as follows:
19.240.140 Personal wireless service facilities.
The followin� uses shall be nermitted in the commercial
USE
z
0
F
y
a y
c�7
a
Personal wireless I�resess-�
service facility
See note 5 for I See note 2
allowed types of
PWSF's
R uired Yards
N
N O b
a rz
one See notes 1 and 4
U
c�'��
�x�
Refer to
FWRC
19.255.020
for
maximum
heights for
allowed
types of
PWSF's
See note 3
I, II, III and N are described in
19.55 FWRC,
19.60 FWRC,
19.65 FWRC,
19.70 FWRC respectively.
d
x
se (CE) zone subject to the regulat:
USE ZONE CHART
lown to find use THEN, across for REGUL
ZOIIB
CE
and notes set forth in this section:
SPECIAL REGULATIONS AND NOTES
p 1. For
setbacks see FWRC 19.255.020(51(bl.
2. Subject to meeting all applicable development standards, the review process shall be Process I, except for the following proposals:
a. Process II for the following proposals:
(I) The PWSF is located within 300 feet of a residenrial zone,
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(2) The PW SF is located on a structure that is a residence or school or contains a residence or schoo'; °--°�a°a «xe n..��� ,e.... a,,,.. n
(3) The PWSF is a new freestanding PWSF; except as provided in note (2xc).
b. Process �i III if the PWSF is a lattice tower accommodating four or more providers,4r the PWSF is a new freestandine PWSF
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3. Maximum allowed height for a new freestanding PWSF shall be the minimum necessary to provide the service up to 100 ft., plus any height
granted under FWRC 19.110A60. A PWSF shall be aliowed up to 120 ft. if there are two or more providers; except that a lattice tower of between
120 ft. to 150 ft. will be allowed under a combined application of fow or more providers.
4. All PWSFs shall be landscaped and screened in accordance with Chapter 19.125 FWRC and the provisions of the PWSF development regulations.
At a minimum, a 6ve ft. Type III landscape area shall be required around the facility, unless the conununity development services director
detemtines that the facility is adequately screened.
5. New freestanding PWSFs are allowed subject to height limits and collocarion provisions. PWSFs are allowed on existing towers, on private
buildings and structures, on publicly used structures not located in public rights-of-way, on existing structures located in the BPA trail, and on
existing structures in appropriate public rights-of-way. Refer to FWRC 19.255.020 for development standazds applicable to allowed types of PWSFs.
For other information about parldng and parking areas, see Chapter 19.130 FWRC.
For details of what may exceed this height limit, see FWRC 19.110.050 et seq
For details regarding required yards, see FWRC 19.125.160 et seq.
Ordinance No.09-631 Page 23 of 25
Section 21. FWRC 19.245.010 is hereby repealed as follows:
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Ordinance No.09-631
Page 24 of 25
Section 22. Severabilitv. The provisions of this ordinance are declared separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the
invalidity of the application thereof to any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to any other persons or circumstances.
Section 23. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical
errors, references, ordinance numbering, section/subsection numbers and any references thereto.
Section 24. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 25. Effective Date. This ordinance shall be effective five (5) days after passage and
publication as provided by law and be retroactive to all PWSF land use permits issued since the adoption
of Ordinance No. 97-300.
PASSED by the City Council of the City of Federal Way this 17 day of November, 2009
ATTEST:
1
CITY CLERK, CAROL CNEIL CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 10-27-2009
PASSED BY THE CITY COUNCIL: 11-17-2009
PUBLISHED: I 1-21-2009
EFFECTNE DATE: 11-26-2009
ORDINANCE NO.: 09-633
Ordinance No.09- (p3� Page 25 of 25