Loading...
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 1 Ordinance 2779 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; 2 Ordinance 2779 '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 3 Ordinance 2779 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. 4 Ordinance 2779 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 5 Ordinance 2779