Ord 97-300
ORDINANCE NO.
97-300
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, AMENDING CHAPTER 22 OF THE FEÎ>ÊRAL
WAY ZONING CODE, PERTAINING TO LAND USE AND ZONING,
ADOPTING NEW REGULATIONS FOR THE SITING AND
DEVELOPMENT OF WJRELESS TELECOMMUNICATIONS FACILITIES
WHEREAS, the Unìted States Congress passed the Federal Telecommunìcations Act of
1996 ("Act") in order to encourage the development of high-technology communìcations systems
through increased competition among communìcations companies; and
WHEREAS, the Act provides that local jurisdictions may not act in a manner that would
preclude wireless communications facilities ITom being sited within their boundaries; and.
WHEREAS, the Act provides that local jurisdictions may not discriminate among different
service providers; and
WHEREAS, the Act also provides that local jurisdictions can regulate the siting and
deyelopment of wireless communications facilities, and
WHEREAS, amendments to the Federal Way City Code (FWCC) text are authorized
pursuant to FWCC Sections 22-216 and 22-217 pursuant to Process IV review; and
WHEREAS, the Federal Way City Council has considered a proposed change to the FWCC
regarding wireless communications facilities relatiye to their location and site development; and
WHEREAS, the Federal Way City Council, pursuant to FWCC 22-517, having determined
the Proposal to be worthy ofIegislative consideration, referred the Proposal to the Federal Way
Planning Commission as a priority item for its review and recommendation; and
ORD # 97-300
,PAGEl
(C(Ö)fP)f
WHEREAS, the Federal Way City Council adopted a wireless communication facility
pennit moratorium on May 5, 1997 to provide the Planning Commission and City staff ample time
to research and develop appropriate regulations; and
WHEREAS, the City of Federal Way SEP A responsible official has issuedâ Declaration of
~onsigrúficance;and
WHEREAS, the public and industry representatiyes were given opportunities to comment
on the Proposal during the Planning Commission review; and
WHEREAS, the Federal Way Planning Commission, having considered the Proposal at public
hearings during 1997 on July 16 and July 30 pursuant to FWCC Section 22-523, and all public notices
having been duly given pursuant to FWCC Section 22-521; and
WHEREAS, following the public hearings, the Planning Commission submitted to the Land
Use and Transportation Committee of the City Council its recommendation in favor of proposed
zoning text amendments adding sections to the FWCC as noted previously; and
WHEREAS, the Federal Way Land Use and Transportation City Council Committee met on
August 18, 1997 to consider the recommendation of the Planning Commission and has moved to
forward the Proposal, with amendments, to the full City Council; and
WHEREAS, there was sufficient opportunity for the public to comment on the Proposal; and
WHEREAS, the Proposal 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.
~OW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
W ASHlNGTO~, DOES HEREBY ORDAIN AS FOLLOWS:
ORD # 97-300
, PAGE 2
Section 1.
Findin ts. After full and careful consideration, the City Council of the City
of Federal Way makes the following findings with respect to the Proposal and the proposed
amendments to the Federal Way City Code ("FWCC");
1.
The Federal Way City Council adopted the Federal Way ComprehensTv; Plan in order
to comply with the state's Growth Management Act; and
2.
The Federal Way Comprehensive Plan contains policies that call for the deyelopment
of regulations to address the siting and visual impacts of wireless telecommunications facilities in
policy PUP 19; and
3.
The Federal Way SEPA responsible official has issued a Declaration of
Nonsignificance on June 17, 1997; and
4.
The proposed code amendments would not adyersely affect the public health, safety
or welfare; and
5.
The Planning CoInnÙssion, following notice thereofas required by RCW 35A.63.070,
held public hearings on the proposed regulatory amendments and has considered the testimony,
written comments, and material fÌ"om the public by and through said hearings.
Section 2.
Conclusions. Pursuant to FWCC Section 22-217 and based upon the Findings
set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with
respect to the decisional criteria necessary for the adoption of the Proposal:
1.
The Proposal is consistent with the following Comprehensive Plan goals and policies:
A.
PUPI9. The City should modifY the zoning regulations to address the siting,
screening, and design standards for wireless/cellular facilities, substations, and antennae facilities in
such a manner as to allow for reasonable and predictable review while minimizing potential land use
ORD # 97-300
, PAGE 3
and visual impacts on adjacent property.
2.
The proposal bears a súbstantial relationship to the public health, safety and welfare
because it implements the policy of minimizing the visual effects of wireless telecommunications
facilities.
Section 3.
Amendment.. The Federal Way Zoning Code, Chapter 22, is amended to
provide as set forth in Attachment A. which is attached and by this reference is incorporated herein.
Section 4.
Severability. The provisions of this ordinance are declared separate and
severable. The inyalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance or the inYaiidity 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 other persons or
circumstances.
Section 5. Ratification.
Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 6. Effective Date.
This ordinance shall take effect and be in force five (5) days
ITom the time of its final passage, as provided by law.
PASSED by the CityCounci! of the City of Federal Waythis~dayof Sept.
,1997.
CITY OF FEDERAL WAY
/~/$~ ~
'MAYOR, MARLON S. PRIEST
ORD # 97-300
, PAGE 4
;;]T /Y A
, í~~rL1ä~
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
~
. , O~ K. LINDELL
Fil.ED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCil.:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
08-26-97
09-l6-97
09-20-97
09-2l-97
97-300
K:\ORDIN\ZONING. TEL
ORD # 97-300
, PAGE 5
ATTACHMENT A
ARTICLE I.
IN GENERAL
Sec. 22-1. Definitions.
Antenna(e): Any system of electromagnetically tuned wÌIQS, poles,
rods, reflecting discs or similar devices used to transmit or
receive electromagnetic waves between terrestrial and/or orbital
based points, includes, but is not limited to:
1. Omni-directional (or "whip") antenna (e) transmits and
receives radio frequency signals in a 360 degree radial pattern.
2. Directional (or "panel") antenna (e) transmits and receives
radio frequency signals in a specific directional pattern of less
than 360 degrees.
3. Parabolic antenna(e) (or dish) antenna (e) is a bowl-shaped
device for the reception and/or transmission of communications
signals in a specific directional pattern.
4. Ancillary Antenna is an antenna that is less
inches in its largest dimension and that is not directly
provide personal wireless communications services. An
would be a global positioning satellite (GPS) antenna.
than 12
used to
example
Collocation: The placement and arrangement of multiple providers'
antennae and equipment on a single support structure or equipment
pad area.
EMF: means Electromagnetic Field, which is the field produced by
the operation of equipment used in transmitting and receiving radio
frequency signals.
Equipment Shelter: The structure associated with a PWSF that is
used to house electronic switching equipment, cooling system and
back-up power systems.
~crocell - means a wireless communication facility consisting of
an antenna that is either: (i) four feet in height and with an area
of not more than five-hundred eighty square inches; or (ii) if a
tubular antenna, no more than four inches in diameter and no more
than six feet high.
Minor Facili ty means a wireless communication facility
consisting of up to three antennas, each which is either (i) four
feet in height and with an area of not more than five-hundred
eighty square inches; or (ii) if a tubular antenna, no more than
four inches in diameter and no more than six feet in length; and
the associated equipment cabinet that is six feet or less in height
and no more than forty-eight square feet in floor area.
AITACHMENT "A", Page I
Personal Wireless Services means commercial mobile services,
unlicensed wireless services, and common carrier wireless exchange
access services, as defined by federal laws and regulations.
Personal Wireless Service Facili ty (PWSF) means_a. wireless
communication facility, including a microcell, that is a facility
for the transmission and/or reception of radio frequency signals,
and which may include antennas, equipment shelter or cabinet,
transmission cables, a support structure to achieve the necessary
elevation, and reception and transmission devices and antennas.
Support Structure: Any built structure, including any guy wires
and anchors, to which antenna and other necessary associated
hardware is mounted. Support structures may include the following:
1. Lattice Tower a support structure which consists of
a network of crossed metal braces, forming a tower which is usually
triangular or square in cross-section.
2. Guy Tower a support structure such as a pole or
narrow metal framework which is held erect by the use of guy wires
and anchors.
3. Monopole a support structure which consists of a
single steel or .wood pole sunk into the ground and/or attached to
a concrete pad.
4. Existing Nonresidential Structure existing structures
to which a PWSF may be attached with certain conditions.
Article XIII.
Súpplementary District Regulations
Section 22-966.
Personal Wireless Service Facilities (PWSF)
(A) Purpose. This section addresses the issues of location
and appea,rance 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. The siting of facilities on existing
buildings or structures, collocation of several providers'
facilities on a single support structure, and visual mitigation
measures are required, unless otherwise allowed by the City, to
maintain neighborhood appearance and reduce visual clutter in the
City.
(8) Definitions. Any words, terms or phrases used in this
section which are not otherwise defined shall have the meanings set
ATIACHMENT"A",Page2
forth in Section 22-1 of this Code.
(C) Prioritized Locations. The following sites shall be the
required order of locations for proposed PWSFs, including antenna
and equipment shelters, unless the City elects to modify the
prioritization. In requesting a particular location the applicant
shall document, to the City's satisfaction, why a locatiqn in each
higher priority location and/or zone is not being proposed. In
order of preference based on an assessment of feasibility the sites
are as follows:
1. STRUCTURES LOCATED IN THE BPA TRAIL: On any existing
support structure currently located in the easement upon
which are located U.S. Department of Energy/Bonneville
Power Administration (UBPA") Power Lines.
2. EXISTING BROADCAST, RELAY, AND TRANSMISSION TOWERS: On any
existing site or tower where a legal wireless
telecommunication facility is currently located
regardless of underlying zoning.
3. PUBLICLy-USED STRUCTURES: If the City consents to such
location, attached to existing public facilities such as
water towers, utility structures, fire stations, bridges,
and other public buildings within all zoning districts.
4. BuSINESS, COMMERCIAL AND CITY CENTER ZONED SITES:
Structures or sites used for research and development,
commercial, and office uses. The preferred order of
zoning districts for this category of sites is as
follows:
BP - Business Park
CP-1 Corporate Park
OP through OP-4 Office Park
CC-C City Center Core
CC-F City Center Frame
BC Community Business
5. 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 alternatiye site locations if a denial would be
in violation of the 1996 Telecommunications Act, as
determined by the City.
(D) Development Standards. The following development
standards shall be followed in the design, siting, and construction
of a personal wireless service facility.
AITACHMENT "A", Page 3
1. 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, color, stealth
techniques such as, but not limited to artificial trees
and hollow flag poles, and/or other tactics to achieve
minimum visibility of the facility as viewed from 2uþlic
streets or residential properties.
2. PWSFs may be mounted on nonresidential buildings and
structures with a Process III administrative review under
the following conditions:
a. The PWSF consists of a microcell or a minor
facility.
b. The combined antennas and supporting structure
shall not extend more than 15 feet above the
existing or proposed roof structure. Antennas may
be mounted to rooftop appurtenances provided they
do not extend beyond 15 feet above the roof proper.
c. The antennas are mounted on the building 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. Panel and parabolic antennas shall be
completely screened from residential views and
public rights-of-way unless meeting the provision
of Chapter 22-960 (b) (2) .
3. New free-standing PWSFs 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 free-standing
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. A free-standing PWSF, including the support
structure and associated electronic equipment,
shall comply with all required setbacks of the
zoning district in which it is located.
d. Free-standing PWSFs shall be designed and
placed on the site in a manner that takes maximum
ATIACHMENT "A", Page 4
advantage of existing trees, mature vegetation, and
structures'so as to:
1. Use existing site features to screen as
much of the total PWSF as possible from
prevalent views; and/or,
2. Use existing site features as a
background so that the total PWSF blends into
the background with increased sight distances.
e. 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.
f. Support structures, antennas, and any
associated hardware shall be painted a
nonreflective color or color scheme appropriate to
the background against which the PWSF would be
viewed from a majority of points within its
viewshed. Proposed color or color scheme to be
approved by the Hearing Examiner or Community
Development Director as appropriate to the process.
4. Electronics equipment enclosures shall conform to
the following:
a. Equipment enclosures
underground if practicable.
b. If above ground, screening of PWSF equipment
enclosures shall be provided with one or a
combination of the following materials, which
screening shall be acceptable to the city: fencing,
walls, landscaping, structures, or topography which
will block the view of the equipment shelter as
much as possible from any street and/or adjacent
properties. 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, as determined by the City.
c. No wireless equipment reviewed under this
Section shall be located within required building
setback areas.
shall
be
placed
5. Securi ty fencing,
following:
if used,
shall conform to the
AITACHMENT "Au, Page 5
a. No fence shall exceed 6 feet in height as
stipulated in Chapter 22.1133(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 ~o~ted
with a nonreflective color.
6. 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
the additional permits can be granted so as to not
adversely effect the visual character of the city.
7. No wireless equipment shall be used for the purpose
of mounting signs or message displays of any kind.
(F) Use Zone Charts, Height and Permit Process.
1. 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,
Article XI, District Regulations.
2. Allowed heights shall be established relative to
appropriate process as outlined in the Use Zone Charts,
Article XI, District Regulations.
(G) Application Requirements. Permit applications made
under this Section shall include the following minimum information
in addition to that required for the underlying permit review
process:
1. A diagram or map showing the primary viewshed of the
proposed facility.
2. Photosimulations of the proposed facility from
effected properties and public rights-of-way at varying
distances.
3. Architectural elevations of proposed facility and
site.
4. A coverage chart of the proposed PWSF at the
requested height and an explanation of the need for that
facility. The explanation shall include an analysis of
alternative sites and why the requested site is preferred
over other possible locations
5. An inventory of other PWSF sites operated by the
applicant that are either in the City or within one mile
ATTACHMENT "A", Page 6
of its borders, including specific information about
location, height, and design of each facility.
6. 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.
7. Documentation of efforts to collocate on existing
facilities.
8. Other information as deemed
Community Development Director.
necessary
by
the
(H) Collocation.
1. A permittee shall cooperate with other PWSF
providers in collocating additional antenna on support
structures and/or on existing buildings and sites
provided said proposed collocatees have received a permit
for such use at said site from the City. A permittee
shall allow other providers to collocate and share the
permitted site, provided such shared use does not give
rise to a substantial technical level impairment of the
permitted use (as opposed to a competitive conflict or
financial burden). In the event a dispute arises as to
whether a permittee has exercised good faith in
accommodating a new applicant, the City may require a
third party technical study at the expense of the
permittee. Failure. to comply with this provision may
result in a revocation of the permit.
2. A signed statement indicating that the applicant
agrees to allow for the potential collocation of
addi tional PWSF equipment by other providers on the
applicant's structure or within the same site location
shall be submitted by the applicant as part of the permit
application. If an applicant contends that future
collocation is not possible on their site, they must
submit a technical study documenting why.
(I)
EMF Standards and Interference.
1. The applicant shall comply with Federal standards
for EMF emissions. Within six months after the issuance
of its operational permit, the applicant shall submit a
project implementation report which provides cumulative
field measurements of radio frequency (EMF) power
densities of all antennas installed at the subject site.
ATTACHMENT "A", Page 7
The report shall quantify the EMF emissions and compare
the results with established Federal standards. Said
report shall be subject to review and approval of the
City for consistency with the project proposal report
and the adopted Federal standards. If on review, the
City finds that the PWSF does not meet Federal standards,
the City may revoke or modify the permit. The applicant
shall be given a reasonable time based on the natûrê of
the problem to comply with the Federal standards. If the
permit is revoked, then the facility shall be removed.
2. The applicant shall ensure that the PWSF will not
cause localized interference with the reception of area
television or radio broadcasts or the functioning of
other electronic devices. If on review of a registered
complaint the City finds that the PWSF interferes with
such reception, the City may revoke or modify the permit.
The applicant shall be given a reasonable time based on
the nature of the problem to correct the interference.
If the permit is revoked, then the facility shall be
removed.
(J) Facility Removal.
1. The operator of a PWSF shall notify the City upon
the discontinued use of a particular facility. The PWSF
shall be removed by the facility owner within 90 days of
the date the site's use is discontinued, it ceases to be
operational, 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 safety or visual impacts.
2. If the provider fails to remove the facility upon 90
days of its discontinued use, the responsibility for
removal falls upon the property owner on which the
facility has been located. If the property owner fails
to remove the facility within 30 days of notification by
the City, the City or its agent may enter upon the
subject property and cause the facility to be removed at
the property owner's expense. The City shall then send
to the property owner a verified statement of the cost or
expenses. The property owner shall be liable for the
payment of such costs and expenses. In the event the
property owner fails to pay the costs and expenses, the
City may file a lien against the property owner's real
property in the amount of such costs and expenses and
record such lien with the King County Records Office.
ATTACHMENT "A", Page 8
(K)
Permi t LimLtç¡ ti ons.
1. A permit for a PWSF shall expire 10 years after the
effective date of the permit approval, unless earlier
revoked by the City. A permittee wishing to continue the
use of a specific PWSF at the end of the 10 year period
must apply for an application to continue that u~~ at
least six months prior to its expiration. The renewal
application shall comply with all applicable laws and
regulations dictating new permit issuance. In ruling on
said renewal the City shall consider all then existing
regulations effecting the application that are
appropriate to the technology and use.
2. Five years after the date of the City's approval of
a PWSF the permittee or assignee shall submit a written
statement summarizing its current use and plans, if any,
for that facility/site for the next five years to the
best of their knowledge.
3. An approved permit shall be valid for one year from
the date of the City's approval, with opportunity for a
one year extension. If not used within one year, or
within the extension period, the permit shall become null
and void.
(L) Revocation of Permit. A permit issued under this article
may be revoked, suspended or denied for anyone 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 permit 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 article;
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.
AITACHMENT "A", Page 9
"""\
ATTACHMENT A
. USE ZONE CHART-SE, RS, MF,PO,BN
MINIMuMs MAxIMUMS
Lot Required Yards Lot Land-
Use Process Size Front Side Rear Cov. Height seape Signs Parking Special Regulations and Notes
Personal See See See See See See See See See N/A I. Minimums and maximums for these items will be
Wireless nole 2. nole I. nole I. nole I. note I. nole I. note 2. note 4. note 3. in accordance to the underlying zoning for each of the
Service listed use district!.
Facility 2. The review process used will be as follows:
a. Process 1!I if the PWSF meet! the underlying
See heightlimil.
note S. b. Process 1!I if the PWSF is collocated on an
exisling PWSF or publicly used structure and is
less than IS' above the existing facility or
structure.
3. Signs arc not allowed on a PWSF.
4. All PWSFs shall be landscaped and screened in
accordance with Article XVII and the provisions of
the PWSF development regulations. At a minimum
5' of Type 1!I landscaping shall be required, unless
the community development services director
determines that the facility is adequately screened.
S. See Section 22.966(c). Note: only allowed on
. . er< nnd nub ict. used structures.
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ATTACHMENT A
:,
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....,
USE ZONE CHART - OP, OP 1 - 4, CP-l, CC-C CC-F BC, BP, ,
M IN1MUMS Maxim u m s
. Required Yords
USE Il'ruo:u Lot S¡", Fro" ,iù, R= L.oICo.. Hci&hl lIu1d. Signs P"Jcing SPSCl'-LREGlILA110NS & Nons
socc
Persona! Soo note See note Soo See So. Soo SeG See See N/A I. Minimums and maximums Cor tho.sc
Wireless 2. J. notc J. nol<' I. not. I. no Ie J. nol<' 3. note 5 note 4. itJ:ms will be io acconlanCG 10 th.
Saviœ underlying zoning Cor each oC the Usled lJ.SC
FaciUcy districts.
2. 'The review process lUOd will be ...
Collows:
a. Process I if the PWSP is collocated
on 3 exisling PWSP.
b. Process m for aU new /'xu-standing
PWSPs; except as modified io 'co' below.
c. Process IV for a lattice !ower
nccommoda6ng Cour or more providers.
3. Maximum allowed heigbt for a new
Irce~ding PWSP shall be the mirumurn
nccessory to provide the socvj(;G up to 100',
plus any height granted ""doc Chaptor22-
1047. A PWSPshall be aJlowed up to 120'
if there arc two or more providen; e.copt
that a Ialtice tower of between 120' to 150'
will be aUowed uodor a ""wbined
application of four or wore providers.
4. Signs ",e nol aJlowed on a PWSF
5. All PWSP shall be landscaped and
screened In accOrdance with Article XV1J
and the provisions of the PWSF
development regularioll$. At. uUniroum 5'
ofType In Jand5capiog shaJl be required,
unless the community developmeo( dirCCIDr
delernùnes thai the Cacility is adequmly
screened..
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