HomeMy WebLinkAboutOrdinance 2016-012 Relation to Collocation, Removal and Replacement of Wireless Facilities; Adding a New Chapter 20.102 to the Arlington Municipal Code... ORDINANCE NO. 2016-012
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
RELATING TO COLLOCATION, REMOVAL AND REPLACEMENT OF
WIRELESS FACILITIES; ADDING A NEW CHAPTER 20.102 TO THE
ARLINGTON MUNICIPAL CODE; ESTABLISHING DEVELOPMENT
REGULATIONS FOR COLLOCATION, REMOVAL AND REPLACEMENT OF
WIRELESS TRANSMISSION FACILITIES TO CONFORM TO FEDERAL LAW
AND REGULATIONS; ESTABLISHING AN APPLICATION SUBMITTAL AND
APPROVAL PROCESS; PROVIDING FOR TERMINATION OF
NONCONFORMING STRUCTURES; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE
WHEREAS, in 1934, Congress enacted the Communications Act of 1934,
creating the FCC and granting it authority over common carriers engaged in the provision
of interstate or foreign communications services; and
WHEREAS, in 1996 Congress enacted Pub. L. No. 104-104, 110 Stat. 70 (the
1996 Act"), amending the Communications Act of 1934 and implementing regulations
applicable to both wireless and wireline communications facilities for the purpose of
removal of barriers to entry into the telecommunications market while preserving local
government zoning authority except where specifically limited under the 1996 Act; and
WHEREAS, in the 1996 Act, Congress imposed substantive and procedural
limitations on the traditional authority of state and local governments to regulate the
location, construction, and modification of wireless facilities and incorporated those
limitations into the Communications Act of 1934; and
WHEREAS, the City has adopted regulations that have been codified as part of
the Municipal Code of the City establishing local requirements for the location,
construction, and modification of wireless facilities; and
WHEREAS, in 2012 Congress passed the "Middle Class Tax Relief and Job
Creation Act of 2012" (the "Spectrum Act") (PL-112-96; codified at 47 U.S.C. §
1455(a)); and
WHEREAS, Section 6409 (hereafter"Section 6409") of the Spectrum Act
implements additional substantive and procedural limitations upon state and local
government authority to regulate modification of existing wireless antenna support
structures and base stations; and
WHEREAS, Congress through its enactment of Section 6409 of the Spectrum
Act, has mandated that local governments approve, and cannot deny, an application
requesting modification of an existing tower or base station if such modification does not
ORDINANCE NO. 2016-012 1
substantially change the physical dimensions of such tower or base station; and
WHEREAS, the 1996 Act empowers the Federal Communications Commission
(the"FCC")to prescribe such rules and regulations as may be necessary in the public
interest to carry out the provisions of the 1996 Act, and subsequently added portions of
the 1996 Act such as Section 6409; and
WHEREAS, the FCC, pursuant to its rule making authority, adopted and released
a Notice of Proposed Rulemaking in September of 2013 (In re Acceleration of Broadband
Deployment by Improving Wireless Facilities Siting Policies, WT Docket Nos. 13-238,
13-32; WC Docket No. 11-59; FCC 13-122) which focused in part upon whether or not
the FCC should adopt rules regarding implementation of Section 6409; and
WHEREAS, on October 21, 2014, the FCC issued its report and order, WT
Docket Nos. 13-238, 13-32; WC Docket No. 11-59; FCC 14-153, in the above described
proceeding (the "Report and Order" or "Order") clarifying and implementing statutory
requirements related to state and local government review of infrastructure siting,
including Section 6409, with the intent of facilitating and expediting the deployment of
equipment and infrastructure to meet the demand for wireless capacity; and
WHEREAS, the rules adopted by the FCC in its Report and Order implementing
Section 6409 are intended by the FCC to spur wireless broadband deployment, in part, by
facilitating the sharing of infrastructure that supports wireless communications through
incentives to collocate on structures that already support wireless facilities; and
WHEREAS, the Report and Order also adopts measures that update the FCC's
review processes under the National Environmental Policy Act of 1969 ("NEPA") and
section 106 of the National Historic Preservation Act of 1966 ("NHPA"), with a
particular emphasis on accommodating new wireless technologies that use smaller
antennas and compact radio equipment to provide mobile voice and broadband service;
and
WHEREAS, on January 5, 2015, the FCC released an Erratum to the Report and
Order making certain amendments to the provisions of the Report and Order related to
NEPA and Section 106 of the NHPA; and
WHEREAS, that part of the Report and Order related to implementation of
Section 6409, amends 47 C.F.R. Part 1 (PART 1 —PRACTICE AND PROCEDURE) by
adding new Subpart CC § 1.40001 and establishing both substantive and procedural
limitations upon local government application and development requirements applicable
to proposals for modification to an existing antenna support structure or an existing base
station ("Eligible Facility Request Rules"); and
WHEREAS, the Order, among other things, defines key terms utilized in Section
6409, establishes application requirements limiting the information that can be required
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from an applicant, implements a shot clock and tolling provisions, establishes a deemed
approved remedy for applications not timely responded to, requires cities to approve a
project permit application requesting modification of an existing tower or base station
that does not substantially change the physical dimensions of such tower or base station,
and establishes development standards that govern such proposed modifications; and
WHEREAS, the Report and Order provides that the Eligible Facility Request
Rules will be effective 90 days following publication in the Federal Register; and
WHEREAS, the Order was published in the Federal Register on Thursday,
January 8,2015, Federal Register; Vol. 80; No. 5, resulting in the Eligible Facility
Request Rules becoming effective on April 8, 2015; and
WHEREAS,the Order is subject to appeal, however, even if an appeal is filed, the
appeal will not automatically result in delay of implementation of the Eligible Facility
Request Rules; and
WHEREAS, the City Council finds that it is required under Section 6409 of the
Spectrum Act and the Eligible Facility Request Rules established in the Order, to adopt
and implement local development and zoning regulations that are consistent with Section
6409 and the Order; and
WHEREAS, an Environmental Checklist for a non-project action was prepared
under the State Environmental Policy Act (RCW Chapter 43.21.C),pursuant to
Washington Administrative Code Chapter 197-11, and a determination of Non-
Significance ("DNS") was issued on the day of , 20 ; and
WHEREAS, in accordance with RCW 36.70A.106 and WAC 365-196-630, a
notice of intent to adopt the proposed new development regulations was sent to the State
of Washington Department of Commerce and to other state agencies to allow for a 60-
day review and comment period, which comment period ended prior to adoption of this
ordinance; and
WHEREAS, on the day of , 20 the Planning Commission
held a duly noticed public meeting related to the proposed interim development and
zoning regulations set forth in the proposed ordinance; and
WHEREAS, the City Council considered the proposed development and zoning
regulations on the day of , 20 ; and
WHEREAS, the City Council finds that the proposed development and zoning
regulations are reasonable and necessary in order bring the City's development
regulations into compliance with the mandate imposed upon the City by Congress
pursuant to Section 6409 and the regulations imposed upon the City by the FCC pursuant
to its Report and Order, and are therefore in the public interest;
ORDINANCE NO. 2016-012 3
NOW, THEREFORE, the City Council of the City of Arlington Washington, do
ordain as follows:
Section 1. New Chapter Added (Eligible Facilities Request). Title 20 of the
Arlington Municipal Code is hereby amended by the addition of a new chapter to be
known and referred to as Chapter 20.102, Eligible Facilities Modifications, and reading
as follows:
AMC 20.102 Eligible Facilities Modifications
20.102.010. Title
20.102.020. Adoption of Findings and Conclusions.
20.102.030. Purpose and Intent
20.102.040. Definitions
20.102.050. Application Review
20.102.060. Enforcement
20.102.010 Title. This Chapter shall be known and referred to as the
"Eligible Facilities Modification Code"or "EFM Code". Unless the context
indicates otherwise, a reference herein to "this code" or"this chapter" shall mean
and refer to the Eligible Facilities Modification Code.
20.102.020. Adoption of Findings and Conclusions. The recitals set forth
in the ordinance adopting this code are adopted as findings and conclusions of the
City Council.
20.102.030. Purpose and Intent. The purpose and intent of this Chapter
are:
A. To implement § 6409 of the "Middle Class Tax Relief and Job
Creation Act of 2012" (the "Spectrum Act") (PL-112-96; codified at 47
U.S.C. § 1455(a)) which requires the City to approve any eligible facilities
request for a modification of an existing tower or base station that does not
substantially change the physical dimensions of such tower or base station;
B. To implement the FCC rules set forth at 47 C.F.R. Part I
(PART 1 —PRACTICE AND PROCEDURE) new Subpart CC § 1.40001
(Wireless Facility Modifications), which rules implement § 6409 of the
Spectrum Act;
C. To establish procedural requirements and substantive criteria
applicable to review and approval or denial of applications for an eligible
facilities modification;
D. To ensure that application submittal requirements are related to
information reasonably necessary to the determination of whether or not
the proposed modification will result in a substantial change in the
physical dimensions of the eligible support structure;
E. To exempt facilities modifications approved under this chapter
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as eligible facilities requests from zoning and development regulations
that are inconsistent with or preempted by Section 6409 of the Spectrum
Act;
F. To preserve the City's right to continue to enforce and condition
approvals under this chapter on compliance with generally applicable
building, structural, electrical, and safety codes and with other laws
codifying objective standards reasonably related to health and safety;
G. To promote timely decisions under this chapter;
H. To ensure that decisions are made consistently and predictably;
I. To incorporate provisions of RCW 43.21C.0384 that exempt
eligible facilities modifications from review under RCW
43.21C.030(2)(c), (State Environmental Policy Act);
J. To recognize that Section 6409(a)(1) of the Spectrum Act
operates to preempt any provision of the State Environmental Policy Act
(RCW Ch. 43.21C) to the extent that any such provision, including RCW
43.21C.030(2)(c), would prohibit a City from approving any eligible
facilities request for a modification of an existing wireless tower or base
station that does not substantially change the physical dimensions of such
tower or base station; and
K. To provide for termination of eligible facilities modifications
approved pursuant to this chapter, as nonconforming structures in the
event that § 6409(a) of the Spectrum Act is found to be unconstitutional or
otherwise determined to be invalid or unenforceable and such
modifications would otherwise have been in derogation of development
regulations in place at the time of receipt of a completed application.
20.102.040. Definitions. The following definitions shall apply in the
interpretation and enforcement of this chapter, unless the context clearly requires
otherwise. Any term or phrase not defined herein, shall have the meaning that is
given to that term or phrase in Chapter 20.08 of the Arlington Municipal Code
(AMC). When not inconsistent with the context, words used in the present tense
include the future, words in the plural include the singular, and words in the
singular include the plural. The word"shall" is always mandatory and not merely
directory and the word"may" is always discretionary. References to
governmental entities (whether persons or entities) refer to those entities or their
successors in authority. If specific provisions of law, regulation or rule referred to
herein be renumbered or amended, then the reference shall be read to refer to the
renumbered or amended provision.
"Base station" shall mean and refer to the structure or equipment at a fixed
location that enables wireless communications licensed or authorized by the FCC,
between user equipment and a communications network. The term does not
encompass a tower as defined in this chapter or any equipment associated with a
tower. The term includes, without limitation:
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(i) equipment associated with wireless communications services
such as private, broadcast, and public safety services, as well as unlicensed
wireless services and fixed wireless services such as microwave backhaul.
(ii) radio transceivers, antennas, coaxial or fiber-optic cable,
regular and backup power supplies, and comparable equipment, regardless
of technological configuration (including Distributed Antenna Systems
and small-cell networks).
(iii) any structure other than a tower that, at the time an eligible
facilities request is filed with the City under this Chapter, supports or
houses equipment described in paragraphs (i) - (ii) above, and that has
been reviewed and approved under the applicable zoning or siting process,
or under another State, county or local regulatory review process, even if
the structure was not built for the sole or primary purpose of providing
such support.
(iv) The term does not include any structure that, at the time a
completed eligible facilities modification application is filed with the City
under this section, does not support or house equipment described in
paragraphs (i) - (ii) above.
"Collocation" shall mean and refer to the mounting or installation of
transmission equipment on an eligible support structure for the purpose of
transmitting and/or receiving radio frequency signals for communications
purposes.
"Eligible Facilities Request" shall mean and refer to any request for
modification of an existing tower or base station that does not substantially
change the physical dimensions of such tower or base station, involving:
(i) Collocation of new transmission equipment;
(ii) Removal of transmission equipment; or
(iii) Replacement of transmission equipment.
"Eligible support structure" shall mean and refer to any existing tower or
base station as defined in this chapter, provided that it is in existence at the time
the eligible facilities modification application is filed with the City under this
chapter.
"Existing" shall, for purpose of this chapter and as applied to a tower or
base station, mean and refer to a constructed tower or base station that has been
reviewed and approved under the applicable zoning or siting process of the City,
or under another State, county or local regulatory review process; provided that, a
tower that has not been reviewed and approved because it was not in a zoned area
when it was built, but was lawfully constructed, is existing for purposes of this
definition.
"Site" shall, for towers other than towers in the public rights-of-way, mean
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and refer to the current boundaries of the leased or owned property surrounding
the tower and any access or utility easements currently related to the site, and, for
other eligible support structures, shall mean and be further restricted to, that area
in proximity to the structure and to other transmission equipment already
deployed on the ground.
"Substantial change" shall refer to a change which substantially changes
the physical dimensions of an eligible support structure which meets any of the
following criteria:
(i) For towers other than towers in the public rights of way, it
increases the height of the tower by more than 10% or by the
height of one additional antenna array with separation from the
nearest existing antenna not to exceed twenty feet, whichever is
greater; for other eligible support structures, it increases the height
of the structure by more than 10% or more than ten feet, whichever
is greater;
(ii) For towers other than towers in the public rights of way, it
involved adding an appurtenance to the body of the tower that
would protrude from the edge of the tower more than twenty (20)
feet, or more than the width of the tower structure at the level of
the appurtenance, whichever is greater; for other eligible support
structures, it involves adding an appurtenance to the body of the
structure that would protrude from the edge of the structure by
more than six feet;
(iii) For any eligible support structure, it involves installation of more
than the standard number of new equipment cabinets for the
technology involved, but not to exceed four cabinets; or, for towers
in the public rights of way and base stations, it involves installation
of any new equipment cabinets on the ground if there are no pre-
existing ground cabinets associate with the structure, or else
involves installation of ground cabinets that are more than 10%
larger in height or overall volume than any other ground cabinets
associated with the structure;
(iv) It entails any excavation or deployment outside the current site;
(v) It would defeat the concealment elements of the eligible support
structure; or
(vi) It does not comply with conditions associated with the siting
approval of the construction or modification of the eligible support
structure or base station equipment,provided however that this
limitation does not apply to any modification that is non-compliant
only in a manner that would not exceed the thresholds identified in
paragraphs (i)—(iv) of this section.
"Transmission Equipment" shall mean and refer to equipment that
ORDINANCE NO. 2016-012 7
facilitates transmission for any wireless communication service licensed or
authorized by the FCC, including, but not limited to, radio transceivers, antennas,
coaxial or fiber-optic cable, and regular and backup power supply. The term
includes equipment associated with wireless communications services including,
but not limited to,private, broadcast, and public safety services, as well as
unlicensed wireless services and fixed wireless services such as microwave
backhaul.
"Tower" shall mean and refer to any structure built for the sole or primary
purpose of supporting any antennas and their associated facilities, licensed or
authorized by the FCC, including structures that are constructed for wireless
communications services including, but not limited to, private, broadcast, and
public safety services, as well as unlicensed wireless services and fixed wireless
services such as microwave backhaul, and the associated site.
20.102.050 Application Review.
A. Application. City of Arlington shall prepare and make
publicly available an application form which shall be limited to the
information necessary for City to consider whether an application is an
Eligible Facilities Request. The application may not require the applicant
to demonstrate a need or business case for the proposed modification.
B. Type of Review. Upon receipt of an application for an
Eligible Facilities Request pursuant to this Chapter, [identify appropriate
department—e.g., Public Works, Planning] shall review such
application to determine whether the application so qualifies.
C. Timeframe for Review. Within 60 days of the date on which
an applicant submits an application seeking approval under this Chapter,
City shall approve the application unless it determines that the application
is not covered by this Chapter.
D. Tolling of the Timeframe for Review. The 60-day review
period begins to run when the application is filed, and may be tolled only
by mutual agreement by City and the applicant, or in cases where
[jurisdiction's reviewing body] determines that the application is
incomplete. The timeframe for review is not tolled by a moratorium on
the review of applications.
i. To toll the timeframe for incompleteness, City must
approve written notice to the applicant within 30 days of receipt of
the application, specifically delineating all missing documents or
information required in the application.
ii. The timeframe for review begins running again
when the applicant makes a supplemental submission in response
to City's notice of incompleteness.
iii. Following a supplemental submission, City will
notify the applicant within 10 days that the supplemental
ORDINANCE NO. 2016-012 8
submission did not provide the information identified in the
original notice delineating missing information. The timeframe is
tolled in the case of second or subsequent notices pursuant to the
procedures identified in paragraph (d) of this section. Second or
subsequent notices of incompleteness may not specify missing
documents or information that were not delineated in the original
notice of incompleteness.
E. Interaction With Section 332(clQ. If City determines that
the applicant's request is not covered by Section 6409(a) as delineated
under this Chapter, the presumptively reasonable timeframe under Section
332(c)(7), as prescribed by the FCC's Shot Clock order, will begin to run
from the issuance of City's decision that the application is not a covered
request. To the extent such information is necessary, City may request
additional information from the applicant to evaluate the application under
Section 332(c)(7), pursuant to the limitations applicable to other Section
332(c)(7) reviews.
F. Failure to Act. In the event City fails to approve or deny a
request seeking approval under this Chapter within the timeframe for
review(accounting for any tolling), the request shall be deemed granted.
The deemed grant does not become effective until the applicant notifies
the applicable reviewing authority in writing after the review period has
expired (accounting for any tolling)that the application has been deemed
granted.
G. Remedies. Applicants and City may bring claims related to
Section 6409(a)to any court of competent jurisdiction.
20.102.060 Enforcement; Violation.
Compliance with the provisions of this chapter is mandatory. Any
violation hereof is subject to enforcement under the code enforcement provisions
set forth at AMC Chapter 11.01 of the City Code.
Section 2. Arlington Municipal Code Section 20.44.034 shall be and hereby
is amended to read as follows:
20.44.034 -Wireless communications facilities.
(a) Purpose. This section is intended to provide for a wide range of
locations and options for wireless communication providers while minimizing the
visual impacts associated with wireless communication facilities. It is also
intended to encourage creative approaches in locating wireless communication
facilities so as to encourage facilities to blend in with the surroundings of such
facilities. This section is intended to work in concert with other sections of this
code. If there is a conflict between wireless facilities and other sections of this
title then the most restrictive requirements apply.
(b) General Wireless Communication Facilities Development
Standards. Unless other modified by subsequent subsections, all wireless
ORDINANCE NO. 2016-012 9
communication facilities shall be subject to the following standards and
requirements.
(1) Collocation on existing support structures shall be
encouraged and shall comply with AMC 20.102. All wireless
communication facilities support structures shall be built to accommodate
the location of two or more wireless communications facilities unless
proved infeasible. It shall be a continuing condition on all land use permits
issued for a wireless communication facility that the permit holder allows
collocation for reasonable compensation. Collocation on existing support
structures or base stations shall be exempt from zoning and development
regulations, provided that an application for an"Eligible Facilities
Request"has been received and determined that there is no substantial
change to the existing support structure or base station, per the criteria in
AMC 20.102.
(2) Except for micro- and mini- facilities, shelters or cabinets
used to house radio electronics equipment and the associated cabling
connecting the equipment shelter or cabinet to the facility support
structure shall be concealed, screened, camouflaged or placed
underground.
(3) Wireless communication facilities-shall be integrated
through location and design to blend in with the existing characteristics of
the site to the extent practical. Existing on-site vegetation shall be
preserved or improved, and disturbance of the existing topography shall be
minimized, unless such disturbance would result in less visual impact of
the site to the surrounding area.
(4) Federal Aviation Administration Jurisdiction. All
applications for telecommunications facilities regulated by this section
must comply with all FAA requirements pertaining to operations of a
telecommunications device on or near the Arlington Airport, including
FAA Part 77 regulations. It is the responsibility of the applicant to be
familiar with and meet relevant FAA regulations.
(5) All wireless telecommunications facilities are subject to
Section 20.44.210 (Noise).
(6) Signals emanating to or from wireless communications
equipment shall conform to current FCC regulations with regard to
avoiding the creation of interference to neighboring electronic or other
operating devices.
(7) FCC Preemption. In any proceeding regarding the issuance
of a permit under the terms of this section, federal law prohibits
consideration of environmental effects of radio frequency emissions to the
extent that the proposed facilities comply with the Federal
Communications regulations concerning such emission.
(c) Development Standards for Micro Facilities.
(1) Micro facilities shall comply with Section 20.48.060
(Building Height Limitations), except when installed completely within
ORDINANCE NO. 2016-012 10
appurtenant structures exempted by Subsection(c) of that section.
(2) The permitted antenna height includes the wireless
communication facility support structure.
(3) Structures that are nonconforming with respect to height
may be used for the placement of micro facilities providing they do not
extend more than six feet above the existing structure. Placement of an
antenna on a nonconforming structure shall not be considered to be an
expansion of the nonconforming structure.
(4) A micro facility shall be located on existing buildings,
poles, or other existing support structures, but only if the interior wall or
ceiling immediately adjacent to the facility is not designated residential
space.
(5) The shelter or cabinet used to house radio electronic
equipment shall be contained wholly within a building or structure, or
otherwise appropriately concealed, camouflaged or located underground.
(6) In R-LMD, and R-MD zones, micro facilities for a specific
wireless provider shall be separated by a distance of at least one thousand
three hundred twenty linear feet from other wireless communications
facilities.
(7) The facility shall also comply with the requirements of
Subsection (b).
(d) Development Standards for Mini Facilities.
(1) Mini facilities shall comply with Section 20.48.060
(Building Height Limitations) except as follows: Omni directional
antennas may exceed the height limitation by ten feet, or in the case of
nonconforming structures, the antennas may extend ten feet above the
existing structure. Panel antennas may exceed the height limitation if
affixed to the side of an existing nonconforming building and blends in
architecturally with the building. Placement of an antenna on a
nonconforming structure shall not be considered to be an expansion of the
nonconforming structure.
(2) A mini facility may be located on existing buildings, poles,
or other existing support structures, but only if the interior wall or ceiling
immediately adjacent to the facility is not designated residential space.
(3) The shelter or cabinet used to house radio electronic
equipment shall be contained wholly within a building or structure, or
otherwise appropriately concealed, camouflaged or located underground.
(4) The facility shall also comply with the requirements of
Subsection (b).
(e) Development Standards for Macro Facilities.
(1) Macro facilities shall comply with Section 20.48.060
(Building Height Limitations), except as follows: Omni directional
antennas may exceed the height limitation by fifteen feet, or in the case of
nonconforming structures, the antennas may extend fifteen feet above the
existing structure. Panel antennas may exceed the height limitation if
ORDINANCE NO. 2016-012 11
affixed to the side of an existing building and architecturally blends in
with the building. Placement of an antenna on a nonconforming structure
shall not be considered to be an expansion of the nonconforming structure.
(2) The macro facility shall be the same color as the existing
building, pole or support structure on which it is proposed to be located
unless the permit-issuing authority makes findings that a different color
would be less intrusive and better blend with the existing structure.
(3) A macro facility may be located on existing buildings,
poles, or other existing support structures, but only if the interior wall or
ceiling immediately adjacent to the facility is not designated residential
space.
(4) The facility shall also comply with the requirements of
Subsection(b).
(f) Development Standards for Monopole I.
(1) Macro facilities are the largest wireless communication
facilities allowed on a Monopole I. Antennas equal to or less than fifteen
feet in height or up to four inches in diameter may be a component of a
Monopole I facility.
(2) The maximum height for a Monopole I facility support
structure shall be sixty feet. Antennas may extend above the Monopole I
wireless communications support structure another fifteen feet, making the
maximum permitted height of the support structure and antennas seventy-
five feet (sixty feet plus fifteen feet).
(3) Monopole I facilities shall be separated from other wireless
communications facilities by a distance of at least five hundred feet.
(4) Monopole I facilities are not allowed within three hundred
feet of a residential zone.
(5) The facility shall also comply with the requirements of
Subsection (b).
(g) Development Standards for Monopole II.
(1) Monopole II facilities are only permitted in the portion of
the General Industrial (GI) district east of 67th Avenue NE and south of
204th Street NE, and the entire Highway Commercial (HQ Zone.
(2) Macro facilities are the largest permitted wireless
communication facilities allowed on a Monopole II facility.
(3) The maximum height for a Monopole II facility support
structure shall be one hundred fifty feet. Antennas may extend above the
Monopole II wireless communications support structure another fifteen
feet, making the maximum permitted height of the support structure and
antennas one hundred sixty-five feet(one hundred fifty feet plus fifteen
feet).
(4) Monopole II facilities shall be separated from other
wireless communications facilities by a distance of at least five hundred
feet.
(5) Monopole II facilities are not allowed within three hundred
ORDINANCE NO. 2016-012 12
feet of a residential zone.
(6) The facility shall also comply with the requirements of
Subsection (b).
(h) Modification of Existing Facilities. Minor modifications to existing
wireless communications facilities and attached wireless communications
facilities, whether emergency or routine, are exempt from having to obtain a land
use permit so long as there is little or no change in the visual appearance. Minor
modifications are those modifications, including the addition of antennas, to
permitted wireless and attached wireless communications facilities that meet the
requirements set forth in this section and AMC 20.102.
(i) Obsolescence. A wireless communications facility or attached
wireless communications facility shall be removed by the facility owner within
six months of the date it ceases to be operational or if the facility falls into
disrepair.
Section 3. Severability. If any provision, section, or part of this ordinance
shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the
validity of the ordinance as a whole or any section, provision or part thereof not adjudged
invalid or unconstitutional.
Section 4. Effective Date. The title of this ordinance which summarizes
the contents shall be published in the official newspaper of the City. The ordinance shall
take effect and be in full force five (5) days after the date of publication.
PASSED BY THE CITY COUNCIL at a Regular Meeting thereof on the C V
day of July, 2016.
CITY OF INGTON, WASH GTON
Barbara Tolbert, Mayor
ATTEST/AUTHENTICATED:
Deana Dean, Deputy City Clerk
APPROVED AS TO FORM:
Ste en eiffle, City Attorney
ORDINANCE NO. 2016-012 13
CERTIFICATION OF ORDINANCE
1, Deana Dean, being the duly appointed and acting Deputy Clerk of the City of Arlington,
Washington, a municipal corporation, do hereby certify that the following Ordinance No. 2016-
012 was approved at the July 18, 2016 City Council meeting.
ORDINANCE NO. 2016-012
"Relation to Collocation, Removal and Replacement of Wireless Facilities; Adding a New
Chapter 20.102 to the Arlington Municipal Code; Establishing Development Regulations for
Collocation, Removal and Replacement of Wireless Transmission Facilities to Conform to
Federal Law and Regulations; Providing for Termination of Nonconforming Structures;
Providing for Severability; and Establishing an Effective Date"
A true and correct copy of the original ordinance is attached.
Dated this 19 day of July, 2016.
4aA--W��
Deana Dean
Deputy City Clerk for the City of Arlington
I
SUMMARY OF ORDINANCE ADOPTION
You are hereby notified that on July 18, 2016, the City Council of the City of Arlington,
Washington, did adopt Ordinance No. 2016-012 entitled,
"Relation to Collocation, Removal and Replacement of Wireless
Facilities; Adding a New Chapter 20.102 to the Arlington Municipal
Code; Establishing Development Regulations for Collocation,
Removal and Replacement of Wireless Transmission Facilities to
Conform to Federal Law and Regulations; Providing for Termination
of Nonconforming Structures; Providing for Severability; and
Establishing an Effective Date"
This ordinance is effective five days from passage and publication, except as otherwise
specified in the ordinance.
The full text of the ordinance is available to interested persons and will be mailed upon
request.
Deana Dean
Deputy City Clerk
City of Arlington