§ 21.50.280. Conditional use standards—Antennas, community interest and local interest towers.

A.

General. The following provisions shall govern the issuance of conditional use permits for tower structures or antennas by the planning and zoning commission:

1.

If the community interest or local interest tower or antenna fails to meet the supplementary district regulations, then a conditional use permit shall be required for the construction of a tower structure or the placement of an antenna.

2.

Applications for conditional use permits under this Section shall be subject to the conditional use procedures and general standards, except as modified in this section.

3.

In granting a conditional use permit, the planning and zoning commission may impose conditions to the extent the planning and zoning commission concludes such conditions are necessary to minimize any adverse effect of the proposed tower structure or antenna on adjoining properties.

4.

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.

5.

An applicant for a conditional use permit shall submit the information described in this Section and a non-refundable fee to reimburse the municipality for the costs of reviewing the application.

B.

Information required. applicants for a conditional use permit for a tower structure shall submit the following information:

1.

A scaled site plan clearly indicating the location, type and height of the proposed tower structure, on-site land uses and zoning, adjacent land uses and zoning, comprehensive plan land use classification of the site and all properties within the applicable separation distances, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower structure and any other structures, topography, parking, and other information deemed by the director of community planning and development to be necessary to assess compliance with the standards.

2.

Renderings or photographs depicting the antenna or tower structure in place sufficient to assess the visual impact on the surrounding neighborhood.

3.

The distance between the proposed tower structure and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.

4.

The separation distance from other tower structures within one mile shall be shown on a site plan or map. The applicant shall also identify the type of construction of the existing tower structure(s) and the owner/operator of the existing tower structure(s), if known.

5.

A landscape plan showing specific landscape materials.

6.

Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.

7.

An evaluation the tower structure or antennas compliance with supplementary district regulations.

8.

A notarized statement by the applicant as to whether construction of the tower structure will accommodate collocation of additional antennas for future users.

9.

A description of the suitability of the use of existing tower structures, other structures or alternative technology not requiring the use of tower structures or structures to provide the services to be provided through the use of the proposed new tower structure.

10.

evidence the applicant appeared before the community council representing the site.

C.

Factors considered in granting conditional use permits for antennas and tower structures. In addition to the general standards for a conditional use, the planning and zoning commission shall consider the following factors in determining whether to issue a conditional use permit, although the planning and zoning commission may waive or reduce the burden on the applicant of one or more of these criteria if the planning and zoning commission concludes that the goals of this ordinance are better served thereby:

1.

Height of the proposed tower structure;

2.

Proximity of the tower structure to residential structures and residential district boundaries;

3.

Nature of uses on adjacent and nearby properties;

4.

Surrounding topography;

5.

Surrounding tree coverage and foliage;

6.

Design of the tower structure, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

7.

Proposed ingress and egress; and

8.

Availability of suitable existing tower structures, other structures, or alternative technologies not requiring the use of tower structures or structures.

D.

Availability of suitable existing tower structures, other structures, or alternative technology. No new tower structure shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the planning and zoning commission that no existing tower structure, structure or alternative technology that does not require the use of tower structures, or alternative technology can accommodate or replace the applicant's proposed antenna. An applicant shall submit any additional information requested by the planning and zoning commission related to the availability of suitable existing tower structures, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower structure, structure or alternative technology can accommodate the applicant's proposed antenna will consist of the following:

1.

No existing tower structures or structures are located within the geographic area which meet applicant's engineering requirements.

2.

Existing tower structures or structures are not of sufficient height to meet applicant's engineering requirements.

3.

Existing tower structures or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

4.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing tower structures or structures, or the antenna on the existing tower structures or structures would cause interference with the applicant's proposed antenna.

5.

The fees, costs, or contractual provisions required by the owner in order to share an existing tower structure or structure or to adapt an existing tower structure or structure for sharing are unreasonable. Costs exceeding new tower structure development are presumed to be unreasonable.

6.

The applicant demonstrates that there are other limiting factors that render existing tower structures and structures unsuitable.

7.

The applicant demonstrates that an alternative technology that does not require the use of tower structures or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower structure or antenna development shall not be presumed to render the technology unsuitable.

E.

Standards for modifications to community interest and local interest towers allowed as a conditional use are as follows:

1.

Repairs and maintenance to the tower structure may be performed consistent with section 21.55.060.

2.

The replacement, repair or addition of antennas, dishes and other transmitting or receiving devices to a tower shall not be considered a modification of final approval as set forth in section 21.15.030.G and shall be considered a use contemplated within the original approved or de facto conditional use where:

a.

The replacement, repair or addition of antennas, dishes and other transmitting or receiving devices:

1.

Will serve the same user or successor entity under the original conditional use;

2.

Will serve the same general purpose as was served under the original conditional use;

3.

Is consistent with the original conditional use.

(AO No. 88-147(S-2); AO No. 90-111; AO No. 99-62, § 34, 5-11-99; AO No. 2000-71(S-3), § 3, 6-27-00)

Editor's note

It should be noted that § 4 of AO No. 2000-71(S-3), provides that "The planning and zoning commission shall review the terms of AO No. 2000-71(S-3) and advise the municipal assembly on any revisions required to maintain the effectiveness and intent of the ordinance as the result of changes and technology prior to January 1, 2003. This provision amends Section 38 of AO 99-62."

Cross reference

Utilities, tit. 26; electric service, ch. 26.30.