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Ord 00-363 ( CITY OF FEDERAL WAY ORDINANCE NO. 00-363 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASIDNGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY MUNICIPAL CODE PERTAINING TO SITING AND DEVELOPMENT STANDARDS AND REVIEW PROCESSES FOR PERSONAL WIRELESS COMMUNICATION FACILITIES WHEREAS, Section 704 of the Federal Telecommunications Act of 1996 preserves local zoning authority over decisions regarding the placement, construction, and modification of personal wireless service facilities; and, WHEREAS; personal wireless services facilities comprise a rapidly growing segment of the utilities and communications sector and have merit and value for the community and region as a whole; and, WHEREAS, personal wireless services facilities are supportive of the public health, safety, and welfare in that they provide useful portable communication services for personal convenience, business, and emergency purposes; and, WHEREAS, the City of Federal Way is concerned that future decisions regulating the siting and development of personal wireless services facilities, without appropriate standards and review processes, may adversely effect the public health, safety, and welfare of residents of the City of Federal Way; and, WHEREAS, the Federal Way City Code (FWCC) Section 22-216 authorizes amendments to the Land Use Code using Process VI; and t(Q)fPlf ORDINANCE NO.OO-363, PAGE 1 lanuæy 4, 2000 ( WHEREAS, the City of Federal Way reviewed potential impacts 1Ì"0m the Personal Wireless Services Facilities Code Amendment Ordinance in compliance with the State Environmental Policy Act; and, WHEREAS, the Personal Wireless Services Facilities Code Amendment Ordinance will implement and is consistent with the Federal Way Comprehensive Plan, and meets the criteria of Process VI; and, WHEREAS, the Planning Commission conducted a duly noticed public hearing on the draft Personal Wireless Services Facilities Code Amendment Ordinance and forwarded a recommendation of approval to the City Council; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASIDNGTON, IN REGULAR SESSION, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findimzs of Fact. A. The proposed zoning code text amendments regarding PWSFs are consistent with, and substantially implement, the following Comprehensive Plan goals and policies: LUG2 LUP4 LUP6 PUG 2 PUG 4 PUP 3 Develop an efficient and timely development review process based on a public/private partnership. Maximize efficiency of the development review process. Conduct regular reviews of development regulations to determine how to improve upon the development review process. 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. Ensure that development regulations are consistent with public service obligations imposed upon private utilities by Federal and State Law. The City should work to encourage, to the extent possible, the supply of all utilities to existing and new homes, offices, industrial, and commercial buildings. ORDINANCE NO.OO-363, PAGE 2 lanuæy 4, 2000 PUP 4 The City encourages the joint use of trenches, conduits, or poles, so that utilities may coordinate expansion, maintenance, and upgrading facilities with the least amount of right-of-way disruption. PUP 17 The City should require that site-specific utility facilities such as antennas and sub-stations are reasonably and appropriately sited and screened to mitigate adverse aesthetic impacts. PUP 19 The City should modifY the zoning regulations to address the siting, screening, and design standards for wireless/cellular facilities, sub- stations, and antenna facilities in such a manner as to allow for reasonable and predictable review while minimizing potential land use and visual impacts on adjacent properties. B. The proposed amendment bears a substantial relationship to public health, safety, or welfare, because the proposed zoning code text amendments will result in improved environmental and land use review processes, siting, prioritization, and development standards for PWSFs. C. The proposed amendment is in the best interest of the residents of the city. The proposed FWCC text amendment will improve the compatibility ofPWSFs with surrounding land uses and minimize land use conflicts between PWSFs and surrounding land uses through appropriate environmental and land use review processes, siting prioritization, and development standards. Section 2. Section 22-1 of the Federal Way City Code is hereby amended to incorporate the following definitions in alphabetical order: Abandoned versonal wireless service facility shall mean a PWSF that meets the following: (1) Operation has voluntarilv ceased for a period of 60 or more consecutive davs' or -- (2) The effective radiated power of an antenna has been reduced bv 75 oercent for a oeriod of 60 or more consecutive davs' or (3) The antenna has been relocated at a ooint less than 80 percent of the heil!:ht of the supoort structure' or ORDINANCE NO.OO-363, PAGE 3 lanuæy 4, 2000 ( ( (4) The number of transmissions 1Ì"0m an antenna has been reduced bv 75 oercent for a period of60 or more consecutive days. Cell-on-Wheels (C-O-WJ shall mean a mobile temporarY personal wireless service facility. Temvorarv Personal Wireless Service Facility shall mean a personal wireless service facility which is to be placed in use for a limited oeriod of time is not deploved in a permanent manner. and does not have a permanent foundation. -- ORDINANCE NO.OO-363, PAGE 4 lanuæy 4, 2000 Section 3. Section 22-614 of the Federal Way City Code is hereby amended to read as follows: See. 22-614. Personal wireleu service facility. The following uses shall be pennitted in the suburban estate (SE) zone subject to the regulations and notes set forth in this section: R E G U USE L A U ~ 0 N S USE ZONE CHART MINIMUMs YARDS DIRBCTIONS, FIRST, ",od down to ßnd ""'," THEN. """"r",REGULATIONs WXiii'iiii SIDE REAA I ~ I~ I LANDSCAPE I WONS I PARXmG ,I ~;:: I "'""" I ~ I FRONT -ooaI wUd... oem", r_ty œwm "'rl,:: 1 I\d(JQ ~ !!Wi>r -... -.nø: - -.of fiillJ. ...- t ... _1 ... ""'I - "'-'1 ... -. HS!! - .... EYaf SeeD"'~ "-for .u.,..,¡ -...I ~ ...""', ORDINANCE NO. 00-363, PAGE 5 ~ SPECIAL REGULATIONS AND NOTES NIA --.., ,"~ 'I, An PWSF. WI.. """"""'... """,.1>. """""'" --. xvn...... - of... PWSF __At.- kl1Anßl.loolTypo m """""""""-"-- -. ....... ... """"""'" - ..,;". ....... ......... dot... ..,..,.. .......... - I .","" """E~ ""',N_-PWSF'-"""","""PWSF"""""'-m'" """-"""~'~-- -~~- ..." ., u '.u'~,... ..' November 30, 1999 Section 4. Section 22-649 of the Federal Way City Code is hereby amended to read as follows: See. 22-649. Personal wireIeu service facility. The following uses shall be pennitted in the single-family residential (RS) zone subject to the regulations and notes set forth in this section: R E G U USE L A U ~ 0 N S Penooa1 w.l... ..moo (~ œwm See .... ~ "-for II1ODI -...I ~ IdINIMUMS YAllDS ","""I~IFRONT ""rl,:: 1 "';"" I :::1 ORDINANCE NO. 00-363, PAGE 6 ~ SIDE USE ZONE CHART DlRBCTIoNS, FIRST."'" down to find ""', , THEN. oaoa (", REGULATIONs ¡¡;;;¡¡¡¡¡¡¡¡¡ REAA I ~ I~ I LANDSCAPE I WONS¡ PARXmG ,I ' ~~ I SPECIAL REGULATIONS AND NOTES .... _1 -I~,- S..._<¡ ... IWiI< -. -... - HS!! - - -.of .... l'YillL EYaf "'-, N/A 'J, All PWSF...... """"""" """""""" """"""" ..."""~ xvn ""'.. - of" PWSF _'--,AI'_"'~Typom_....""".........- -"""""'.........,.-.......--"",......,..-- ~r... "'R" ",(.) "..,N...""........PWSF.~noI""" PWSF..................",¡,¡... ......~~...~Iy'~- ~~~-,."-"~~.. _H.- ,,~- . ..' November 30, 1999 Section 5, Section 22-681 of the Federal Way City Code is hereby amended to read as follows: See. 22-681. Personal wireless service facility. The following uses shall be pennitted in the multifamily residential (RM) zone snbject to the regulations and notes set forth in this section: R E G U USE L A U ~ 0 N S USE ZONE CHART MINIMUMS - Dÿ¡j¡jjš DIRECTIONS, FlRST...od down to fimt... , ,THEN, ..,.",r", REGULATIONs ............... -I LOT SIZE FRONT SIDE REAA I ~ I~ 'LANDSCAPE I SlONS I PARKn<G ,I ~ II SPECIAL REGULATIONS AND NOTES PenooaI ..u.¡... oem", r~ œwm "':"'1,:: 1 "'- I '" -I '" -I - 1 ~,- I "'-'I I.:::. HS!! - .... f'Iœ' I 1 "'-, NfA ,~~ SeeD"'~ "-for .u.,..,¡ -...I m:m '1, All PWSF,"" be """""""... """""" """""'" ""'Amok XVll..... - Dr.. PWSF -..........., A"""""" ""~1)ro m -...."" be_- -........."""""""'-"""" """",-.....I\cility--- Ij,"" ... "..,¡.) }¡,.,N..."".......pwsp._oot""" PWSF""'be""""".,¡y~ __...~."...,lv""__""""',"-~"~~, ' '__.~_n'-n'." ORDINANCE NO. 00-363, PAGE 7 November 30, 1999 ~ Section 6. Section 22-700 of the Federal Way City Code is hereby amended to read as follows: See. 22-700. Personal wireless service facHity. The following uses shall be pennitted in the professional office (PO) zone subject to the regulations and notes set forth in this section: R E G u USE L A U ~ 0 N S USE ZONE CHART MINIMUMS y¡:¡¡;; DIRECTIONS, FIRST. ",od down to find... , , THEN..=-fo<REGULATIONS -- Prooe. I ~ I FRONT SIDE REAA I~ I~ LANDSCAPE I ~ONS I PARKrnG II Z;~E I SPECIAL REGULATIONS AND NOTES - wUeI... ..moo r~ Œ!!Im "'rl,:: 1 "':""'1 ::1 '" -1 ....... "'n""~ ... ..... N/A SeeD"'~ ifot .u....,¡ -...I ~ I!o! -." IIU mf """'" ORDINANCE NO. 00-363, PAGE 8 November 30, 1999 ~ Section 7. Section 22-730 of the Federal Way City Code is hereby amended to read as follows: See. 22-730. Personal wireleu service facility. The following uses shall be pennitted in the neighborhood business (BN) zone subject to the reguJations and notes set forth in this section: R E G U USE L A U ~ 0 N S USE ZONE CHART MINIMUMS ----YAROS DIRECTIONs, FIRST. ",0<1 down t. find..., " THEN. aao.. r", REGULATIONs WXñiiiiii SlOE REAA I~ I~ I LANDSCAPE I WONS I PARXmG II z:~ I Pr""", I LOT SIZE FRONT P.,.ooaI - oemoo r_ty œwm "';""':: 1 I!&fodo ~ !!Wi>r - -.ro. - -.of ~ """" 1 ... """ ... _1 - "'-'I ... -. HS!! - .... EYaf See_~ "-for .u.,..,¡ -...I ~ """'" ORDINANCE NO. 00-363, PAGE 9 SPECIAL REGULATIONS AND NOTES N/A November 30, 1999 Section 8. Section 22-762 of the Federal Way City Code is hereby amended to read as follows: See. 22-762. Personal wireless service facility. The following uses sbaII be pennitted in the community business (BC) zone subject to the regulations and notes set forth in this section: R E G U USE L A U ~ 0 N S USE ZONE CHART MINlMUMS YARDS DlRBCTIoNs, FIRST. """downlofind... , ,TllEN,o=ur",REGULATIONS """'..'" SIDE REAA I~ I~ 'LANDSCAPE' WGNS I PARXmG ,I ' z~~ II Pr""", 1 ~ I FRONT P<nooaI wUd... oemoo r..,;¡¡<y ~ for IIlsmosI -...I ~ "';'""1:: , "';'"" I ':::1 '" -1 - I\d(JQ -.u, 2Wi1I - iIIiIb!IIJ¡¡ - .""..¡ ðYlI'J. """"'j ... -. HS!! - !!Ill EYaf - """'" ORDINANCE NO. 00-363, PAGE 10 SPECIAL REGULATIONS AND NOTES NfA November 30, 1999 Section 9. Section 22-802 of the Federal Way City Code is hereby amended to read as follows: See. 22-802. Personal wireless service facility. The following uses shall be pennitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: R E G u USE L A U ~ 0 N S USE WNE CHART MINIMUMS -YARDS DIRECTIONs, FIRST. ""d down to find..., ,THEN. 'c.", r", REGULATIONS ¡¡¡¡¡¡¡¡;¡m Proœ.. 1 LOT SIZE FRONT SIDE REAR I ~ I~ I LANDSCAPE I SIONS I PARXmG ,I ~~ I SPECIAL REGULATIONS AND NOTES "",""'I ::. . "'- I '" _1 '" """I -I -... "'-'§ ... ~ -. m¡¡" ......... ~ !OIl - - -.r .... fiillJ. EYaf """"'3 NIA - wUd... oemoo r~ ~ !or .u.,..,¡ -...I ~ limo ORDINANCE NO. 00-363, PAGE 11 November 30, 1999 Section 10, Section 22-817 of the Federal Way City Code is hereby amended to read as follows: See. 22-4117. Penonal wireless service facility. The following uses shall be pennitted in the city center ftame (CC-F) zone subject to the regulations and notes set forth in tlús section: R E G U USE L A U ~ 0 N S USE ZONE CHART MIN1MUMS -Y¡:¡¡;s DlRBCTIoNs, FIRST. ",.d down to find... , ,THBN.""",r",REGULATIONs ¡;w¡¡¡¡¡¡¡;¡¡¡ -I LOT SIZE FRONT SIDE REAA I~ I~ LAND~E I mONS I PARXmG ,I ~~~ I SPECIAL REGULATIONS AND NOTES """".~ ... -. WA 3, M-..., ...... - .. . - - PWSF .... ..... - .......,. .. ..- "" """" up "IO17,p" ..,.-....... """"""-",1047, APWSP"""""" up" 120' if""~"" Œ --; """"""._-"""""" m.. ""will""""""",. """"""-., "'Œ_- . _",ROot,.", '..PO.." ~,AU PWSF"" ",- ",,_m- """"k xvn..... """"""' of"" PWSF _"""""'AI'_klIJi!<.CJlIll!!l1)poW-'-"""",-- -"""""--"""'--""'-.-- 'N_"'-PWSF.~.""""""""""""""""""""""", PWSF'~."""m ........... m"""""""'", -- ~ """".....-.......... m ""'" """""'- m__""'" m "" SPA"" ond ~......- m """""'"'""""" """"""""'" .."""""-"'7"""""""""""-to.,Imnd_ofPWSPL -ooaI wit...... oemoo rooilKy "';-1:: . "':- I '::1 '" ""'I - r.or.u.. -...r fiillJ. 1121 - .... EYaf - ~ for Iil<>miII - ~ "'_3 ORDINANCE NO. 00-363, PAGE 12 November 30, 1999 SectiQn 11. Section 22-835 of the Federal Way City Code is hereby amended to read as follows: See. 2~5. Personal wirele&s service facility. The following uses shall be pennitted in the office park (OP, OPI-4) zone subject to the regulations and notes set forth in this section: R E G U USE L A U ~ 0 N S USE ZONE CHART - YARDS DlRBCTIoNs, FlRST...oddowntofind...", THEN. ."",.r",REGULATIONs w;¡¡¡¡;¡¡¡¡;¡¡ SIDE REAA I~ I~ I '-'NDSCAPE I WONS I PARXmG II OP~~1-4 I - 1 LOT SIZE ruJNT -ooaI witeI... oemoo focility ~ 1m: - -...I ~ "'rl:: . "':-1 :, '" ""'I -I I\d(JQ "'-'§ ... -.u, -. !!Wi>r -... - HS!! - - -.of .... B'ID. EYaf ...""', 1!!1110 ORDINANCE NO. 00-363, PAGE 13 . SPECIAL REGULATIONS AND NOTES NfA ----- ',M"""""""""tro................PWSF""""""""""""""'Y"'-"'-" up to 1"', ", my-- ""'" "'- 22-1047, APWS1i """ ",........"" "O'~.... '" two'" --, """"""'......""'" of""""" 120"" "O'will "'...... """".-",......, of ..."'--, 1 -'..""-h.,"~r J§, All PWS1i""" '" 1- """""""""""""""Mclo XV1I.............. of... PWSP -_At'_""~,.,..m_........",_- --"'-----""""-'-- , N",""""'" pwsp, - ...... ......... ..... ..... "'" """"""""'" PWSP, '" ...... m """-m_"""""'-m"-Iv""""""'""""""""""""",,- m........................... BPA"'" ... m"""""""" ................. -....., """ "'......."..., ro._.................... "'.""'-ofpwsp,. November 30, 1999 S~on 12. Section 22-871 of the Federal Way City Code is hereby amended to read as follows: See. 22-871. Personal wireless service facility. The following uses shall be pennitted in the business part< (BP) zone subject to the regulations and notes set forth in this section: R E G U USE L A U ~ 0 N S USE ZONE CHART MINIMUMS REQUIRED YARDS DIRBCTIONs, FIRST.""" downtofind_", THEN, -"r",REGULATIONS ~ -I LOT SIZI! FRONT SIDE REAA I ~ I~ I LANDSCAPE I SIONS I PARXmG II ~~ I SPECIAL REGULATIONS AND NOTES "'-,~ ... -. N/A 3,M"""'__""""""""'PWSP""""""""""........"............""'œ ,,"I"',p" ""'_""""""""""""',I"',APWSP """ .............1217 ü"""'_twoŒ ~p...;I.o;_""""""-"or",,,,,,"I""'I"'wiJ1""""""""'.__or "'œ.....- t ""_."""" ""'~F S . ARPWSP""" '-'" """"",.. """""""""k xvn md""'- of"" PWSP --Al._,,*J..Ii!illl.&IlTypom_.........._- -"""""~-""""--"""'_._- 'N","""""'PWSp._""""""""",..","",..."..............."""""", PWS"-"""'", -""""-""""""""...._"""""",............."""""""..""",........r.... ",--.........ø.BPA"';lmd","""'..........""""""",.....rioht>of....."", """"""""'...........--..............rPW8P. P....." '"""'" "";00 roci1ity "'rl:::' . "':""'1:1 '" ""'I --. IId<Jo ~ 2!11!ð -... ~ - -.of fiillJ. HS!! - .... nïß' '""" ~ fJ2r .u.-¡ I»I<W l'!¥m "'_3 ORDINANCE NO. 00-363, PAGE 14 November 30, 1999 ~ Section 13, Section 22-906 of the Federal Way City Code is hereby amended to read as follows: See. 22-906. Personal wireless service facility. The following uses shall be pennitted in the coIpOIate park (CP-I) zone subject to the regulations and notes set forth in this section: R E G u USE L A U ~ 0 N S USE ZONE CHART MINIMUMS ---r;m;s DIRECTIONS, FlRST,"'od down to find"", , ,THEN,ocro"fo<REGULATIONs ~ Procc" 1 ~ I FRONT SIDE I ' ZONE I REAA I~ I~ I LANDSCAPE I srONS I PARKING I CP-l SPECIAL REGULATIONS AND NOTES "'"""S§ ... -.. NtA 1.1_-..,........".- "-""". ........"...'~,_....."'...."..o..... == =-'=' ,=,",=", ~:::::....-~::- ';::-;o~.:~ ~ .::7 -. l""';""".......oI1""¡;oob......................'1bo"";"'"""",...._1bIII..I!o """"1..-..............""""""", """'or"",.......... .do.. '....,..." .-",...r....._......,~....... "In......-.-..... . ....... m ..... """""""""",. ...._-~I'WSF'~';'~_"""bdow, P<nooal _... ..moo rocility "';-1:: . "';"" 1 ':::1 '" -r - I\d(JQ IIIsIimn, !illòr -... ~ - -.of m&. Iio! - .... I'WŒ ~ for .u....a -...I ~ '""" ...""', . -.-.- .... -""""""uo""""""",..-.....mœ up'" I"",pbony_...... - ",-",104', A PWSF.... "'...... up '" 12<7..... - ""'. --"""".... """""Œofl""."" 12œ", 1"""",""""_""",",,,,""""""" ..."'......- . '",.,.""'øh.."", '§,AIlPWSP"""I"""""","'""""""..""._-_.xvu......_o""PWSF --"",-l4laJi!o!.!l.r!!ol_m_....... "'.......- -"""""""""""""'-"""'--"""'-.-- '-""""""PWSPo-"""""'U¡';'d"'bOoh""""'"",^"""-.....,,,, PWSF._,""""oo --OO-""",""""'-oooub6clv__"""""""..",,,,,........,,- oo"""-"""""""BPAtnU1"'M"""'_"-oub"""""~ ...... """'""""-"""""""""""""""""""'......"""urPWSFL ORDINANCE NO. 00-363, PAGE IS November 30, 1999 . Section 14, Section 22-966 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-966. Personal wireless service facilities (PWSF). (a) Purpose. This section addresses the issues oflocation 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. 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. (b) Definitions. Any words, terms or phrases used in this section which are not otherwise defined shall have the meanings set forth in section 22-1 of this Code. ( c) Exemptions, The followinl!: antennas and facilities are exempt lÌ"omthe provisions of this section and shall be oermitted in all zones consistent with aoolicable develooment standards as outlined in the Use Zone Charts Article XI District Regulations: (2) (3) (4) (5) (1) Wireless communication facilities used bv federal state or local oublic aszencies for temoora¡y emerszency communications in the event of a disaster emerszency preoaredness and public health or safety ou(poses. Industrial processinsz equioment and scientific or medical equioment using lÌ"equencies reszulated bv the FCC' provided such equipment complies with all apolicable provisions of Section 22-960. Rooftoo Appurtenances and Chapter 22 Article XIIl Division 5 Heiszht. Citizen band radio antennas or antennas ooerated by federally licensed amateur ("ham") radio operators' orovided such antennas comolv with all apolicable orovisions of Section 22-960 Rooftoo Apourtenances and Chapter 22. Article XIII Division 5 HeilZht. Satellite dish antennas less than two meters in diameter including direct-to-home satellite services when used as a seconda¡y use of the propertY. provided such antennas complv with all apolicable provisions of Section 22-960 Rooftop Appurtenances. and Chapter 22 Article XIIl Division 5. Height. Automated meter readinl!: (AMR) facilities for the puJpose of collecting: utility meter data for use in the sale of utility services. exce,pt for whip or other antennas greater than two (2) feet in leDlnh' orovided the AMR facilities are within the scooe of activities permitted under a valid lÌ"anchise a¡reement between the utility service provider and the city. -- ORDINANCE NO. 00-363, PAGE 16 lanuæy 4, 2000 ( (6) Routine maintenance or r~air of a wireless communication facilitv and related equioment excluding structural work or changes in heilzht dimensions. or visual imoacts of the antenna. tower. or buiJdinl!:S: provided that compliance with the standards of this chaoter are maintained, ~ Prioritized locations. The following sites shall be the required order of locations for proposed PWSFs, including antenna and equipment shelters, unless the eity eleats te meElifY the !Ãeritiætien, In reqliesting proposing a PWSF in a particular location, the applicant shall analyze the feasibilitv ofJocatinlZ the proposed PWSF in each of the higher prioritv locations and document, to the city's satisfaction, why 8 locatieftinlZ the PWSF in each higher priority location and/or zone is not being proposed. In order of preference, bllsed ellllllllssessmellt ef fclISibility the sites orioritized locations for PWSFs are as follows: (2) (3) (4) (1) Structures located in the BP A trail: A PWSF may be located GQn any existing support structure currently located in the easement upon which are located u.s. Department of Energy /Bonneville Power Administration ("BP AU) Power Lines regardless of underlying zoning. Existing broadcast, relay and transmission towers: A PWSF mav be located GQn any 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 whv collocation on the existing site or tower is not beinlZ proposed relZardless of whether the existing site or tower is located within the jurisdiction of the city. Publicly-used structures: If the city consents to such location, 1ltt&cil.eEl te a PWSF may be located on existing public facilities within all zoning districts such as water towers, utility structures, fire stations, bridges, and other public buildings withillllll zelling Elistriets. provided the oublic facilities are not located within public rights-of-way. ' Approvriate Bbusiness, commercial. and city center zoned sites: Stflleft Fes er sites IiseEi fer resellfeh IlIIEI EIE!'lele !mellt, oommereilllllÐEI effiea lisas. A PWSF mav be located on orivate buildinl!:S or structures within aoorooriate business. commercial and citY center zoninl!: districts The preferred order of zoning districts for this category of sites is as follows: BP--Business Park ~ CP-I--Corporate Park OP through OP-4-0ffice Park ORDINANCE NO. 00-363, PAGE 17 lanuæy 4, 2000 CC-C--City Center Core CC-F--City Center Frame BC--Community Business (5) Appropriate public rights-of-way: For the purooses of this section. aopropriate public riehts-of-way shall be defined as including those oublic rights-of-way with functional street classifications of principal arterial tninor arterial and ç¡rincipal collector. A PWSF mav be located on existine structures in aporopriate public riehts-of-wav. Structures proposed for location ofPWSFs shall be separated bv at least 330 linear feet. Within anv residential zone NeilZhhorhood Business (BN) zone or Professional Office (PO) zone +there shall be no more than one PWSF located on an existing structure. Existing structures in aoprooriate public rilZhts- of-wav shall not be eligible for submittal of a use process aoolication for olacement of a PWSF for one year IÌ"om the date of the completion of construction or alteration, Location of a PWSF on an existine structure in an aporopriate oublic rieht-of-wav shall require a rilZht-of-wav permit in addition to the required use orocess aooTOval The oreferred order of functional street classifications for this categorv of sites is as follows: Princioal Arterial Minor Arterial Principal Collector If the PWSF is prooosed to be located in an a,pprooriate oublic rilZht-of-way and the surroundine uses or zonine are not the same that portion of the right-of-way with the most intensive use and/or zoninl!: shall be the preferred location. If the PWSF is prooosed to be located in an ap,propriate public right-of-way and surroundine uses or zonine are the same the preferred location shall be that oortion of the rilZht-of-way with the least adverse visual imoacts ~ 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. -- ORDINANCE NO. 00-363, PAGE 18 lanuæy 4, 2000 Sec. 22-967. Develooment Standards (d ) De'..elepment standards. The following development standards shall be followed in the design, siting, and construction of a personal wireless service facility. fl1 PWSFa shall be sereeAed er eameuflaged tIir-eugi¡ eHlJ!leying the best a'iailaèle teelmelegy and design, as dete_ined by t.ßß eity, This may be aeeamplished b) liae af eampatible materiala, leeatiaH, Galer, stealth teeftniEjues Slieh aa, blit not limited te artifieial trees and hellew flag !elea, anElier ether taetiea to aehieve minimlim .¡jsibilit) efthe faeility as viened iFem Pliblie streets ar residential !re !efties. ~a) Buildin~ or structure mounted PWSFs not located in the lJUblic ri~ht of way: PWSFs ffifIY'be mounted on nenr-esidential existing buildings and structures not located in a public ril!ht-of-wav shall conform to the followinl! development standards linder the felle'Ning eenditiena: (1) The PWSF shall consist only of the fbllowifill types of facilities: a, The PWSF eensists ef a A tnicrocell or a tninor facility;.m:. b. A PWSF that exceeds the tninor facilitv thresholds for number of antennas dimensions and/or area. but creates no more adverse imoacts than a minor facility as determined bv the director of community development services subject to meetinl! all of the followinl! standards: i, The facility shall not create substantiallv more adverse visual impact than a minor facility: and ii. The eQuipment cabinet for the PWSF shall meet all requirements ofFWCC 22-967(e)- and. iii. The maximum size of the PWSF oanels 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. iv. The PWSF shall comoly with all other applicable standards of the FWCC. -- è-. ill The combined antennas and supporting structure shaIl-aet may extend mere than 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 existinl! maximum height of the underlying zone as outlined in the Use Zone ORDINANCE NO. 00-363, PAGE 19 lanuæy 4, 2000 Charts Article XI District Rel!Ulations, Antennas may be mounted to rooftop appurtenances provided they do not extend beyond 15 feet above the roof proper. e-. ill 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 oursuant to Section 967(d), Panel and parabolic antennas shall be eemfJletely screened 1Ì"0m residential views and public rights-of-way unless meeting the provision of section 22-960(b)(2), (b) PWSFs located on structures within ap,proDriate Dublic rivhts-of-wav. These facilities shall conform to the followin~ development standards: ill The PWSF shall consist onIv of the followimz types offacilities: a. The PWSF ooasists sf Ii A microcell or a minor faciIity;..m:. b, A PWSF that exceeds the minor facility thresholds for number of antennas dimensions and/or area. but creates no more adverse imoacts than a minor facility as determined bv the director of community development services. subject to meeting: all of the following standards: i. The facility shall not create substantiallv more adverse visual impact than a minor facility' and. ii, The equipment cabinet for the PWSF shall meet all reQuirements ofFWCC 22-967(e) and FWCC 22-967({): and iii. The maximum size of the PWSF oanels and number of antennas shall be determined bv the director of communitv develooment services based on the specific oroject location. surrounding environment and potential visual imoacts' and iv. The PWSF shall comolv with all other applicable standards of the FWCC, (2) The combined antennas may extend up to but not exceed. 15 feet above the existinl!: structure. This distance tnaV be increased bv the minimum necessary additional heiszht to meet the safety clearances required bv the operator of the existinsz structure. The antenna extension mav be permitted relZardless of whether the existing structure is in conformance with the maximum heilZht of the underIvinsz zone as outlined in the Use Zone Charts Article XI District Rel!:Ulations. -- ORDINANCE NO. 00-363, PAGE 20 lanuæy 4, 2000 (3) (4) (5) The antennas shall be mounted on the structure such that thev are located and desi2ned to minimize adverse visual and aesthetic imoacts to surrounding land uses and structures and shall to the lP"eatest extent practical blend into the existin2 environment oursuant to Section 967( d). Structures in approoriate public rights-of-way proposed for location ofPWSFs shall be seoarated bv at least 330 linear feet. Required setbacks shall not pertain to PWSFs within public rights ofwavs-. or eouioment enclosures located undenzround on nrooerties adiacent to the nublic rÍlzht ofwav Within residential zones eouioment enclosures located above I!round on nronerties adiacent to the nublic ril!ht ofwav shall meet all annlicable setback reouirements for residential develooment of the underIviml: zone For develoned sites in non-residential zones the setback reouirements for the eQuioment enclosure shall be those of the nrincioal use of the subject nrQoertv For undeveloned sites in non-residential zones the setback reouirements for the eouiDment enclosure shall be 20 feet for 1Ì"0nt side and rear vards ~ New iÌ'ee stllBEling PWSFs New free-standin~ PWSFs. These structures shall conform to the following site development standards: a{l) em ill e,ffi Placement of a lÌ"eestanding PWSF shall be denied if placement of the antennas on an existing structure can meet the applicant's technical and network location requirements. Monopoles shall be the only lÌ"ee-standing structures allowed in the city; except that a lattice tower may be used to accommodate the collocation offour or more providers as part of a joint permit application. In no case shall a lÌ"ee-standimz PWSFs be located closer than 500 feet to an existinl! lÌ"ee-standinl! PWSF whether it is owned or utilized by the applicant or another provider. A lÌ"ee-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. For developed sites the setback req Jirements shall be those of the principal use of the subject oropertv. For undevelooed sites. the setback reQuirements for new lÌ"ee-standing PWSFs shall be 20 feet for 1Ì"0nt side and rear vards. -- d:ill Free-standing 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: ORDINANCE NO. 00-363, PAGE 21 lanuæy4,2000 e{§) f{1) (d) t!h Use existing site features to screen as much of the total PWSF as possible 1Ì"0m prevalent views; and/or ~.b, Use existing site features as a background so that the total PWSF blends into the background with increased sight distances. 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. 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 fÌ"om a majority of points within its viewshed. The Poroposed color or color scheme te shall be approved by the hearing examiner or community development director lIS & 'IpTe !Állte te the pTeeess. Screeninf{ standards for all PWSFs. PWSFs shall be screened or camouflaged throu2h emoloyimz the best available technolol!:V and desÌlm. as determined by the city. This may be accomolished by use of comoatible materials location. landscapinl!. color. stealth techniQues such as but not limited to. artificial trees and hollow flail: Doles and/or other methods or techniQues to achieve minimum visibilitv of the facilitv as viewed fÌ"om Dublic streets or residential proDerties. In addition. the provisions for landscapinll: as outlined in the Use Zone Charts Article XI District RelZUlations shall aooly. ~ Standards for electronics eauipment enclosures a{l) E( I!Ï !mellt eRtJlesares shall he plaeeå IIftdergrellftd if !f8etieahle. The following shall be the reQuired order ofIocations for prooosed electronic equipment enclosures for all PWSFs. In prooosing an equipment enclosure in a particular location. the aoplicant shall analyze the feasibilitv ofIocating the oroposed eQuipment enclosure in each of the higher prioritv locations and document to the citv's satisfaction. whva locatinll: the equipment enclosure in each hÌlzher prioritv location is not beimz oroposed. In reQuestim! a lower priority location for the eQuipment enclosure the burden of demonstratinll: impracticabilitv shall be on the applicant In order of preference. the prioritized locations for equipment enclosures are as follows: (a) (b) Equioment enclosures shall be placed under~ound. 10- Equioment enclosures shall be olaced in an existing completely enclosed building. (c) Eauipment enclosures shall be olaced above 1ZT0und in an enclosed cabinet ORDINANCE NO, 00-363, PAGE 22 lanuæy 4, 2000 (3) (4) that shall not exceed six feet in heÌlzht and occuov more than 48 square feet of floor area. includimz areas for maintenance or future expansion, (d) Equioment enclosures shall be olaced above szround in a new comoletely enclosed building, em If above ground, sereeniag BfPWSF equipment enclosures shall be ffiWiàeè screened with one or a combination of the following ßIIItefials methods, which sereeßißg shall be acceptable to the city: fencing, walls, landscaping, structures, buildings or topography which will block the view of the equipment enclosure 115 IßtI6h-es to the greatest extent possible 1Ì"0m any street and/or adjacent properties. as determined by the director of communitv develooment 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, as determined by the city. ~¡¡eept for eaøipæeæ eøelsSllree iR ptthlie fÌl!hte sf ..8 e eRelsSllree allall "e IsaMali a1:lteilla sfrs8l1irelleMl!8al[ lIteltS. Eouioment enclosures located unden!Tound shall be exemot lÌ"om setback reouirements of the underlviml: zone In residential zones eouioment enclosures located above !!found shall meet all aoolicable setback reouirements for residential develooment of the underlviml: zone For develooed sites in non-residential zones the setback reouirements for the eouioment enclosure shall be those of the orincioal use oftbe subiect OTOoertv For undevelooed sites in non-residential zones the setback reQuirements for the eouioment enclosure shall be 20 feet for fÌ'ont side and rear vards If the equioment cabinet is located within a new comoletely enclosed buildißl! the buildimz shall conform to all applicable development standards and design guidelines for the underlving zone. The completely enclosed building shall be architecturally designed and shall be compatible with existinl!: buildings on the site, The comoletelv enclosed building shall be screened to the szreatest extent possible lÌ"om any street and/or adjacent oroperties bv landscaping and/or tooography. (0 Additional standards for equipment enclosures for PWSFs located on structures within approDriate public rif!hts-of-way: (1) The following shall be the reouired order of locations for oroposed electronic equioment enclosures for PWSF located within oublic rights-of-wav In oroposing an eouioment enclosure in a oarticular location. the lijIoIicant shall analyze the feasibility ofJocating the proposed eouipment enclosures in each of the hil!:her priority locations and document to the city's satisfaction. why II locatinl!: the equipment enclosure in each higher prioritY location is not beinl!: proposed. In requestinl!: a lower priority location for the equipment enclosure the burden of ORDINANCE NO. 00-363, PAGE 23 lanuæy 4, 2000 (2) (3) demonstrating impracticabilitv shall be on the applicant, In order ofnreference the prioritized locations for equipment enclosures are as follows: (a) Electronic eouiDment enclosures shall not allowed within the rillht-of-wav I in residential zones Neillhhorhood Business ffiN\ zones or Professional Office (PO) zones fat-{b) EQuipment enclosures shall be placed underground on an adjacent oroperty outside of the public right-of-way, W (c) EQuipment enclosures shall be placed above ground on an adjacent oropertv outside of the oublic right-of-way in an existing completely enclosed building. fej (d) EQuipment enclosures shall be placed above ground on an adiacent oroperty outside of the oublic ril!:ht-of-way in an enclosed cabinet that shall not exceed six feet in height and occuov more than 48 SQuare feet of floor area. includim! areas for maintenance or future expansion. H» (e) Equipment enclosures shall be placed above ground on an adjacent oropertv outside of the public right-of-wav in a new comoletely enclosed building. fei (ft EQuipment enclosures shall be olaced underground within the public right- of-way. (Ø(I!:) EQuipment enclosures shall be olaced above ground within the oublic right-of-wav in an enclosed cabinet that shall not exceed six feet in height and occuov more than 24 square feet of floor area. including areas for maintenance or future exoansion. Eouinment enclosures located underground on nTOnerties adjacent to the nuhlic right ofwav shall be exemot 1Ì"0m setback reQuirements of the underlvinll zone In residential zones eouinment enclosures located above ground on nrQnerties adjacent to the nublic rillht ofwav shall meet all annIicable setback reQuirements for residential develQnment of the underlvinll zone For develooed sites in non- residential zones the setback reQuirements for the eauinment enclosure shall be those of the orincinal use of the subject nronertv For undeveloned sites in non- residential zones the setback reQuirements for tbe eouioment enclosure shall be 20 feet for 1Ì"0nt. side and rear vards ORDINANCE NO. 00-363, PAGE 24 lanuæy 4, 2000 (4) (5) (6) ( ( Eauipment enclosures shall be desiened located. and screened to minimize adverse visual impacts 1Ì"0m the public rieht-of-way and adjacent prooerties. Eauipment enclosures shall be designed located and screened to minimize adverse visual and functional impacts on the pedestrian environment, Equipment enclosures and screening shall not adverselv impact vehicular sight distance. &: Ne wir-eless el lli Jmeßt revie.veEi lIBEler this seetieR shall be leeateEi .vithiR reqlliFeEi bllilEliRg setBllel< arees. f:S1( g) Security F encinf{, Se6llÄty feReiRg, ifuseå, shall eanfeffR te the felle>.viøg: it{l} No fence shall exceed six feet in height as stipulated in section 22-1133(5). em Security fencing shall be effectively screened ftom view through the use of appropriate landscaping materials. e:ill Chain-link fences shall be painted or coated with a nonreflective color. ~ 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 the additional permits eaft !MY be granted so as to not adversely effect the visual character of the city. ~ ~ No wireless equipment shall be used for the purpose of mounting signs or message displays of any kind, exceot for siens used for identification and name of provider. 00(j) (1) (2) Use zone charts, height and permit process. 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. Allowed heights shall be established relative to appropriate process as outlined in the Use Zone Charts, Article XI, District Regulations. -- ORDINANCE NO. 00-363, PAGE 25 lanuæy 4, 2000 ( ( Sec. 22-968. Nonconfonnance. Permit aoplications made under this section to locate a PWSF on prooertv on which a nonconformance is located shall be exempt 1Ì"0m the reauirements of Chapter 22 Article N Nonconformance to bring the oroperty into conformance as follows: (a) To provide the Dublic imorovements reQuired bv Chaoter 22 Article XVI Improvements as stioulated in Section 22-336, (b) To brin@: the prooerty into conformance with the development re~lations orescribed in Chapter 21 relating to water Quality as stioulated in Section 22-337(a)(7), All other requirements of Section 22-337 to brinl! the Dropertv into conformance with the develooment re~lations prescribed in Chapter 21 relatinl! to water Quality shall aoply, Section 22-969. Temoorarv Personal Wireless Service Facilities. As determined bv the director of communitv develoDment services a temDorarv Dersonal wireless service facility. or cell-on- wheels. may be deploved and operated as follows: (a) For a period of90 davs durinl! the construction of a fTee-standinl! PWSF which has been approved throulÙ1 the appropriate permit process' provided that the temporarY personal wireless service facility or cell-on-wheels creates no more adverse imoacts than the PWSF which was aporoved through the approoriate oermit orocess. Only one temooTlIIY oersonal wireless service facilitv or cell-on- wheels shall be permitted for a sinl!:le site, (b) For a oeriod of30 davs durinl!: an emergency declared by the citv state or federal government that has caused a lÌ"ee-standing PWSF which has been aporoved through the approoriate oermit process to become involuntarily non-operational' orovided that the temporary personal wireless service facility or cell-on-wheels creates no more adverse imoacts than the PWSF which was approved through the approoriate oermit orocess. (c) Prior to installation of the temoorarv PWSF. the applicant shall provide the city with a cash bond in an amount to be determined by the director of communitY develooment services in order tol!Uarantee performance of future removal and restoration of the site Section 22-970. Aoolication Requirements. (g) .1pplieati.m Fequi._enf5. (a) Except for Temoorary Personal Wireless Facilities PJ2ermit 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. ORDINANCE NO. 00-363, PAGE 26 lanuæy 4, 2000 (6) (7) (8) ( (2) Photosimulations of the proposed facility from effected properties and public rights-of-way at varying distances. (3) (4) Architectural elevations of proposed facility and site. A coverage chart of the proposed PWSF at the requested height and an explanation of the need for that facility at that heillht and in that location. The explanation shall include an analysis ofaltemat¡"'e sites lHIå wit) the relltlesteå site is pFe¥effeEi e'¡er ether pessihle leeatiens the feasibility oflocatinl!: the oroposed PWSF in each of the hig:her orioritv locations as identified in Section 22-966( dt and documentation of why locating the PWSF in each higher priority location and/or zone is not being: prooosed, (5) An inventory of other PWSF sites operated by the applicant or other providers that life either in the eity er within ~one mile efits herders radius of the oroposed PWSF locatio!!, including specific information about location, height, and design of each facility. 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. If the PWSF electronic equipment cabinet is proposed to be located above ground regardless of the proposed location. whether on orivate or public propertY or within public rig:ht ofwav an exolanation of why it is imoracticable to locate the cabinet undergrouund, If the equipment cabinet is orOPOSed to be located in a public right-of-wav an exolanation ofwhv it is impracticable to locate the eQuipment cabinet on adjacent property outside the public right-of-way. If the PWSF is located on an existinlZ structure in an annrooriate nuhlic rilZht of wav a coov of all annlicable easements for olacement and maintenance of the eouinment enclosure on an adjacent nronertv outside of the nublic rilZht ofwav fIX2) Documentation of efforts to collocate on existing facilities. ~ Other information as deemed necessary by the community development director. (b) Permit aoolications for Temoorary Personal Wireless Service Facilities shall include the followinlZ minimum information: (I) Documentation of previouslv permitted facility ORDINANCE NO. 00-363, PAGE 27 lanuæy 4, 2000 ( (2) Site plan showiml: proposed location of temporary facilitv in relationship to the location of the previouslv permitted facilitv and oropertv boundaries including dimensions tram the oroperty lines and heÌlzht oforoposed facility. (3) Photo~ohs of the prooosed facility, Section 22-971. Collocation. (h)Celle8atÙm. fBúú 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 1Ì"0m 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. ~ A signed statement indicating that the applicant agrees to allow for the potential collocation of additional PWSF equipment by other providers on the applicant's structure or within the same site location shall be subtnitted 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. (c) Collocation reouirements shall not annlv to PWSFs located on existimr structures I in aooronriate nublic rilZhts-of-wav within residential zones NeilZhborhood Business ffim zones and Professional Office (PO) zones Section 22-972. EMF Standards and Inteñerence. (i) EUF sIllnlImds æ¡¡J iRterjeFenee. fBúú The applicant shall comply with federal standards for EMF emissions. Within six months after the issuance of its operational permit, the applicant shall subtnit a project implementation report which provides cumulative field measurements of radio lÌ"equency (EMF) power densities of all antennas installed at the subject site. The report shall quantifY the EMF emissions. aaå compare the results with established federal standards. and provide a statement that the EMF emissions are within 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 - ORDINANCE NO. 00-363, PAGE 28 lanuæy 4, 2000 ( ( city may revoke or modify the permit. The applicant shall be given a reasonable time based on the nature of the problem to comply with the federal standards, If the permit is revoked, then the facility shall be removed, ~ 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, Section 22-973. Removal ofFacilitv. ijj Facility l'em8~'al. fl1@) Abandonment and removal. The owner or operator of a PWSF shall provide the citv with a 'copy of the notice of intent to cease operations reouired bv the FCC at the time it is submitted to the FCC. Additionally +!he owner or öperator of a PWSF shall notifY the city in writing Iipoo ill the EliseeatiffileEilioe abandonment of a particular facility within 30 davs of the date the PWSF is abandoned, The abandoned PWSF shall be removed by the facility owner within 90 days of the date the site's lise is Eliseentiooed PWSF is abandoned, it eeases te be opeffttieaal, 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 simde tower then the citv's rilZht to remove the tower shall not become effective until all users abandon the tower, (b) Partial abandonment and removal. If the abandoned antennas on anv PWSF are removed or relocated to a ooint where the top 20 oercent or more of the height of the supoorting structure is no longer in use. the PWSF shall be considered partiallv abandoned. The owner or ooerator of anv oartiallv abandoned PSWF shall notifY the citv in writinlZ 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 davs lÌ"om the date ofoartial abandonment to collocate another service on the PWSF. Ifanother service provider is not added to the PWSF within the allowed 120 dav collocation period the owner shall in 210 davs of partial abandonment dismantle and remove that oortion of the suoporting structure which exceeds the point at which the highest ooerational antenna is mounted, ~c) Removal and lien. If the provider fails to remove the abandoned or oartially abandoned facility upon 9G 210 days of its EliseeatÏRlieEllise abandonment or partial abandonment, the responsibility for removal falls upon the property owner on which the abandoned or partiaIlv abandoned facility hes-beeft ~ located. If the pfepeRy ewfter fails te Felfteve the faeility withia 39 days efaetifieatiea by the eity, the eity er its ageøt æay eater upea the subjeet pFe !eFty aaE! salise the fileility te be felfte"lOO at the !f~peRy e'.Yftef'S e!E 'IeRse. The ORDINANCE NO. 00-363, PAGE 29 lanuæy 4, 2000 ( city shall tIleR seRd te the IlrelleR}' a,...'fter a ,erified statemeRt af the east af e¡fpeR3es. The prapeFty e':lRer shall be liable for the paylfleRt Elf Slieh eests and e¡fpeRses. IR tke eveRt tke prepelty avlRer fails ta pay tke Basts and e¡EpeR3es, the city lfIay file a lieR agaiRst tke prepefty aWRer's real prapefty in the amaltRt af Slieh Bests III1d eJf lenoes aRd re6erd slteh lien with the !(jRg CaltRty ReGards Offiee. The citv mav enforce this paragraph usinlZ the orocedures as set forth in FWCC Article 3. Section 1-14. Section 22-974. Permit Limitations. W Permit limitations. EBW A permit for a PWSF shall expire ten 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 ten-year period must apply for an application to continue that use 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. - ~)(b) Five years after the date efthe city's appra'/al effective date of the land use process 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. ~ Consistent with the orovisions of Section 22-408 Â1!n approved permit for a PWSF shall be valid for one year 1Ì"0m the date afthe city's appr-evel effective date of the use process aooroval, with opportunity for a one-year extension. If ReHJseà a buildinlZ permit aoolication is not received within one year of the effective date of the use process aoproval, or within the extension period, the ~ use process aoproval shall become null and void. Section 22-975, Revocation of Permit. ~ ReY6eatiŒl sf peFmit. A permit issued under this article may be revoked, suspended or denied for anyone or more of the following reasons: EBW Failure to comply with any federal, state or local laws or regulations; @) Failure to comply with any of the terms and conditions imposed by the city on the issuance of a permit; -- ~ When the permit was procured by lÌ"aud, false representation, or omission of material facts; ORDINANCE NO. 00-363, PAGE 30 lanuæy 4, 2000 ( ( (4j@) Failure to cooperate with other PWSF providers in collocation efforts as required by this article; ~ Failure to comply with federal standards for EMF emissions; and fé1(û Failure to remedy localized interference with the reception of area television or radio broadcasts or the functioning of other electronic devices, ~ Pursuant to Section 22- 7( c). the city as the aoplicant shall use the same orocess to determine if the permit shall be revoked as it used to grant the permit. Section 15. Section 22-1473 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-1473. When public improvements must be installed. (a) The applicant shall provide the improvements required by this article if the applicant engages in any activity which requires a development permit, except for the following: (I) The applicant need not comply with the provisions of this article if the proposed improvements in any 12-mo/lth period do not exceed 25 percent of the assessed or appraised value (based on an MAl appraisal provided by the applicant) of all structures on the subject property, whichever is greater. (2) The applicant need not comply with the provisions of this article if, within the immediately preceding four years, public improvements were installed as part of any subdivision or discretionary land use approval under this or any prior zoning code. (3) The applicant need not comply with the provisions of this article if the oroPosal is to locate a Personal Wireless Services Facility <J>WSF) on the subiect property. (b) Right-of-way adjacent to and within subdivision and short subdivisions must be dedicated and improved consistent with the requirements of this article, unless different requirements are imposed by the city as part of the subdivision or short subdivision approval. Section 16. Severability. The provisions of this ordinance are declared separate and severable. The invalidity or unconstitutionality of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or ORDINANCE NO. 00-363, PAGE 31 lanuæy 4, 2000 ( ( circumstance, shall not effect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances, Section 17, Effective Date, This ordinance shall take effect and be in force five (5) days after its passage, approval, and publication, as provided by law, PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on the ~ day of January .-t999: 2000. APPROVED: ~~R/~ ATTEST: >za ,- );t~4, N, CHRIST GREEN, CIT CLERK APPROVED AS TO FORM: ~ C'_-~ ~, LONDI K. LINDELL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: K:\cdlpwsf.doc 11/10/99 01/04/00 01/08/00 01/13/00 UU-,jb,j - ORDINANCE NO. 00-363, PAGE 32 lanuæy 4, 2000