HomeMy WebLinkAbout2779 Expanding Types of Permitted Wireless FacilitiesOrdinance No. 2779
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING
CERTAIN SECTIONS OF CHAPTERS 17.08 (DEFINITIONS) AND 17.78
(WIRELESS FACILITIES) OF THE PORT TOWNSEND MUNICIPAL CODE
TO EXPAND THE TYPES OF PERMITTED WIRELESS FACILITIES
SECTION 1
FINDINGS
Whereas, on January 19, 1999 the Port Townsend City Council adopted a new chapter to
the zoning code, Title 17, to the address the placement of Personal Wireless Service Facilities
within the city's corporate limits (Ordinance 2680). The ordinance was subsequently codified as
Chapter 17.78 to the zoning code and appropriate new wireless-related definitions were added to
Chapter 17.08; and
Whereas, the adopted wireless facility regulations set forth a tiered review process where
the siting of wireless facilities was prohibited in certain zoning districts and permitted in other
"preferred" areas through an administrative process. The adopted regulations further allowed for
siting of wireless facilities in certain zoning districts through a conditional use permit process.
The adopted regulations contain design standards, maximum heights, lighting and noise emission
standards, encourages co-location, as well as the camouflage or concealment of facilities.
Certain specific situations involving wireless communications facilities, as described in Chapter
17.78.020, were considered to be exempt from the regulatory process; and
Whereas, the nature of the wireless communications industry is rapidly changing as
technology improves and the demand for wireless communications service increases; and
Whereas, the current provisions for exempt wireless facilities fail to address a new
generation of antennas and support equipment that are significantly smaller and less obtrusive
than earlier facilities. The chief purpose of these new generation antennas and support
equipment is to facilitate wireless Internet, fax and data transmissions for commercial and
residential subscribers; and,
Whereas, the Building & Community Development Department, in working with a local
Internet provider, found that amendments to the municipal code were needed in order to facilitate
use of this technology and the service it provides; and
Whereas, the responsible official conducted environmental review of the proposed
municipal code text amendments under the State Environmental Policy Act (SEPA), RCW
43.21C and made a determination of nonsignificance and published notice of such in the official
city newspaper on February 21,2001, for which the comment and appeal period ended on March
8, 2001. No SEPA comments or appeals were filed during this period; and
Whereas, on October 12, 2000 and January 25, 2001 the Planning Commission held
public workshops on the proposed municipal code text amendments; and
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Whereas, on August 30, 2001, the Planning Commission held a noticed public hearing
on the proposed amendments during which presentations were made by staff and testimony was
sought from the public. At the conclusion of the public hearing the Planning Commission
recommended that the proposed amendments to PTMC Chapter 17.08 and 17.78 be approved;
and
Whereas, the City Council finds that adoption of the following amendments to the text of
PTMC Chapters 17.08 and 17.78 will further promote the use of telecommunications throughout
the community.
NOW, THEREFORE, based upon the foregoing and upon the record before the Port
Planning Commission and City Council, the City Council does hereby ordain as follows:
SECTION 2:
ADOPTION OF AMENDMENTS TO
CHAPTER 17.08, DEFINITIONS AND
CHAPTER 17.78, PERSONAL WIRELESS SERVICE FACILITIES,
OF THE PORT TOWNSEND MUNICIPAL CODE.
PTMC 17.08.040 - Definitions
"Low power facility" means a licensed or unlicensed personal wireless service facility with a
maximum transmitter peak output power that does not exceed the limits for such as set forth
by the Federal COmmunications Commission. one watt, Other than the antenna, all associated
equipment for low powered facilities must be is-less than 14 by 16 inches in length and width
and eight inches in depth, including al!_oow._.w;~*'~'~ --~--v-------,; .... * -..~"~ ma5' ..~.h ...., mn Low powered
facility antennas have ,Mth a length not to exceed 30 inches, a width not to exceed 5 inches
and a depth not to exceed 4 inches. Low powered facilities mounted on street poles in
developed street rights-of-way are subject to the provisions of Chapter 17.78.100(D).
PTMC 17.78.020 Scope and applicability - Exemptions.
A. Scope. This chapter applies to the location, placement, construction and modification of
licensed or unlicensed personal wireless service facilities as defined in this chapter. In
addition to any other required permits, all proposals to locate, place, construct or modify a
personal wireless facility shall require a wireless permit as further set forth in this chapter;
provided, however, that this chapter does not apply to personal wireless facilities located
completely and entirely inside a building, as that term is defined in this chapter.
B. Exemptions. The following personal wireless service facilities are exempt from the
provisions of this chapter:
1. Federal, state or local personal wireless facilities used for temporary emergency
communications in the event of a disaster, emergency preparedness and public health or
safety purposes;
2. Two-way communication transmitters used by fire, police, and emergency aid or
ambulance services;
3. Citizen band radio transmitters and antennas or antennas operated by federally licensed
amateur ("ham") radio operators;
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'4.
Unlicensed, low-powered, wireless communication antennas designed for mounting onto a
structure, other than a street pole, the size of which does not exceed that as defined in
17.08.040. In addition, this exemption does not apply to those unlicensed facilities that
would be located on buildings, structures, or street poles subiect to the jurisdiction of the
city's Historic Preservation Committee (HPC). In such cases, the proposed unlicensed
facility placement must receive a certificate of design review from the HPC prior to it's
installation:.
5. Emergency or routine repairs, reconstruction, or routine maintenance of previously
approved facilities, or replacement of transmitters, antennas, or other components of
previously approved facilities which do not create a change in visual impact or an
increase in radio frequency emissions levels;
6. Military and civilian radars and marine vessel traffic communication facilities,
operating within FCC regulated frequency ranges, for the purpose of defense, marine or
aircraft safety;
7. Temporary personal wireless service facilities; provided, that the city is notified in
advance of the need for such facilities and the duration of their use; and
8_ Existing facilities, subject to the requirements of PTMC 17.78.150.
PTMC 17.78.100 Review process - Preferred locations - Secondary locations - Low
powered facilities - Variances.
A. General Provisions.
1. Comments. The BCD director may solicit comments from the public works director,
building official, local utility providers, adjacent jurisdictions if the proposal is within
one mile of another city or jurisdiction, the Washington State Department of
Transportation (if the proposal is adjacent to a state highway), and any other state, local
or federal officials as necessary.
2. Findings and Conclusions. Based upon comments from city departments and
applicable agencies and all other pertinent information in the record, the decision maker
shall make written findings and conclusions documenting compliance with all approval
criteria. Approval and design criteria are found in PTMC 17.78.110 through 17.78.120.
Required conditions of approval are contained in PTMC 17.78.130.
B. Preferred Locations - Review Process - Additional Notice Required. An application for the
siting of personal wireless service facilities in a preferred location shall be processed
according to the procedures for Type II land use decisions established in Chapter 20.01
PTMC, Land Development Administrative Procedures, as an administrative permit with
notice and appealable to the hearing examiner, except as follows. The notice of
application and notice of an appeal of a Type II action shall be mailed to the latest
recorded real property owners as shown by the records of the county assessor within at
least 1,000 feet (for monopoles and macro-facilities) or 300 feet (for mini-facilities and
micro-facilities) of the boundary of the property upon which the development is
proposed.
C. Secondary Locations - Additional Notice Required. An application for personal wireless
service facilities siting shall be processed according to the criteria for the particular type
of permit set forth in PTMC 17.78.090 through 17.78.100 and as provided in Chapter
20.01 PTMC, Land Development Administration Procedures. The decision maker on
Type II permits will be the BCD director. The decision maker on Type.III/conditional use
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permits will be the hearing examiner due to the special expertise involved in these applications.
Type III/conditional use permits, will also be subject to the review criteria set forth in
Chapter 17.84 PTMC, Conditional Uses, and the design review and approval criteria set
in PTMC 17.78.110 through 17.78.120. In addition, for all permits requiring public
notice, the notice of application and notice of public hearing shall be mailed to the latest
recorded real property owners as shown by the records of the county assessor within at
least 1,000 feet (for monopoles and macro-facilities) or 300 feet (for mini-facilities or
micro-facilities) of the boundary of the property upon which the development is
proposed.
D. Low Power Licensed and Unlicensed Facilities. Notwithstanding any other provision of this
chapter, low power licensed and unlicensed facilities mounted on street poles in
developed street rights-of-way may be permitted in all zoning districts (including
residential) and processed as Type I, administrative review process, pursuant to Chapter
20.01 PTMC; provided, however, that such facilities remain subject to any franchising or
licensing fees established by the city council. Low power licensed and unlicensed
personal wireless service facilities are defined as facilities with a maximum transmitter
peak output power that does not exceed the limits for such as set forth by the Federal
Communications Commission. one wa~, Other than the antenna, all associated
equipment for low powered facilities must be is-less than 14 by 16 inches in length and
width and eight inches in depth, including on ..... ~,,~,~ .... ; .... * "-'~ may b~a:'e o-
Low powered facility antennas have with a length not to exceed 30 inches, a width not to
exceed 5 inches and a depth not to exceed 4 inches.
1. Low power licensed and unlicensed facilities on new street poles. The placement of
low power licensed or unlicensed facilities on new street poles in developed street rights-
of-way shall be processed as a Type II administrative review process, pursuant to Chapter
20.01 PTMC, with mailed notice to adjacent property owners within 1,000 feet of the
proposal.
E. Historic Preservation Committee Review. No personal wireless service facility, including
those exempted pursuant to PTMC 17.78.020.B.4, that is proposed to shall be located on
buildings, structures, or street poles subject to the jurisdiction of the city's Historic
Preservation Committee (HPC) pursuant to Chapters 2.72, 17.30 and 17.80 PTMC,
,.v"'- ~.~j'~* ..... v .......... ~* .......... ~v.v .-.~ ~v.c ...... ~,~..*' an activity shall be placed or put into service b~
issued unless a certificate of design review has been issued by the HPC and all other city
permits or approvals for such an activity have been obtained.
F. Variance Procedure. Any applicant may request that the requirements established by this
chapter be modified. Such request shall be processed according to the procedures for
variances in Chapter 20.01 PTMC, and shall satisfy the criteria of Chapter 17.86 PTMC,
Variances. In addition to the approval criteria of PTMC 17.86.050, in granting any
variance the decision maker must also find that: (1) there are no increased noise, aesthetic
or safety impacts on adjoining properties as a result of the proposed variance; and (2) in
the case of a historic building or structure, the variance will continue to allow for
effective concealment, disguise or camouflaging of the facilities. The decision maker
shall not grant a variance from the provisions of this chapter which establish the allowed,
conditional and prohibited uses within the various zoning districts.
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SECTION 3
TRANSMITTAL TO OCD
The City Clerk shall transmit a copy of this Ordinance to the State Office of Community
Development within 10 days of adoption of this ordinance.
SECTION 4
EFFECTIVE DATE
This ordinance shall take effect and be in force five days after the date of its publication in the
manner provided by law.
SECTION 5
SEVERABILITY
If any clause, sentence, paragraph, section or part of this Ordinance or its application to any
person or circumstance is held to be invalid or unconstitutional by a court of competent
jurisdiction, such order or judgment shall not affect the validity or constitutionality of the
remainder of any part of this ordinance. To this end, the provisions of each clause, sentence,
paragraph, section or part of this law are declared severable.
Attest:
Pamela Kolacy, CMC, City Clerk~/
Read for the first, second, and third times and adopted by the City Council of the City of Port
Townsend, Washington, at a special meeting thereof, held this 18th day of October, 2001.
c ~~
i, Mayor
Approved as to Form:
John Watts, City Attorney
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