HomeMy WebLinkAboutOrdinance No. 0856CITY OF MEDINA
Ordinance No. 856
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEDINA,
WASHINGTON, RELATING TO WIRELESS COMMUNICATION FACILITIES;
REPEALING AND RE-ENACTING CHAPTER 17.90 OF THE MEDINA MUNICIPAL
CODE; ESTABLISHING REGULATIONS FOR THE PLACEMENT AND PERMITTING OF
WIRELESS COMMUNICATION FACILITIES; AND AMENDING THE PERMIT FEE
WHEREAS, pursuant to the Growth Management Act (GMA), chapter 36.70A RCW, the
City Council has adopted the City of Medina Comprehensive Plan, as amended by Ordinance
783, passed March 14, 2005; and
WHEREAS, the City is a developed community that consists almost exclusively of
detached single-family homes on individual lots and that Goal LU-G1 of the Medina
Comprehensive Plan is: "To maintain Medina's high -quality residential setting and character;
and
WHEREAS, the Federal Telecommunication Act of 1996 has imposed requirements that
local governments not unreasonably discriminate among providers of functionally equivalent
personal wireless services, or act in a manner that prohibits or has the effect of prohibiting the
provision of personal wireless services, while at the same time preserving traditional State and
local authority over the placement, construction, and modification of wireless communication
facilities; and
WHEREAS, the City Council adopted chapter 17.90 of the Medina Municipal Code by
Ordinance 609 (adopted July 8, 1996), amended by Ordinance 623 (adopted May 19, 1997) and
Ordinance 710 (adopted February 12, 2001), establishing appropriate locations, site
development standards and permit requirements to allow for wireless communication services
to the residents of the City; and
WHEREAS, as a matter of public policy, the City Council finds that new technologies
relating to wireless communications have increased the community's demand for wireless
communication services; and
WHEREAS, the City has undertaken a review of the wireless communication services
provided to the City and determined that the existing Zoning Code provisions do not adequately
encourage delivery of services consistent with the community's demand for wireless
communication services; and
WHEREAS, the City Council wishes to encourage improved delivery of wireless
technologies throughout the City; and
WHEREAS, the City Council recognizes that placement, construction and modification of
wireless communication facilities could adversely affect the character, aesthetics, property
values, and the high residential quality of the community; and
WHEREAS, it is the City's intent to protect and promote the public health, safety and
welfare by adding new regulations regarding the placement, construction and modification of
wireless communication facilities within the City's rights -of -way and revising existing regulations
to better encourage improved delivery of wireless services throughout the City, while protecting
the high -quality residential setting of the community; and
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WHEREAS, pursuant to RCW 36.70A.106, a notice of intent to adopt was transmitted to
the Washington State Department of Commerce on July 16, 2010; and
WHEREAS, a notice of hearing was published on August 27, 2010, in the Seattle Times
newspaper; and
WHEREAS, the City Council held a public hearing on September 13, 2010, to receive
testimony for and against the proposed code amendment; and
WHEREAS, a State Environmental Policy Act (SEPA) threshold Determination of
Nonsignificance for the proposed code amendment was issued on August 25, 2010, pursuant to
WAC 197-11-340(1).
WHEREAS, the City Council makes the following conclusions:
A. There is a need for revised regulations relating to wireless communication facilities to
assure adequate wireless communication services for residents and people within
the City limits and the SR 520 Bridge.
B. The proposed amendments are consistent with, and serve to implement, the City's
adopted comprehensive plan.
C. The code amendments will allow the appropriate development of wireless facilities
within the City and serves the public interest.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1: Repeal and Re-enactment of Chapter 17.90 MMC. Chapter 17.90 of the
Medina Municipal Code is herby repealed in its entirety and re-enacted consisting of 19 sections
to read as follows:
Chapter 17.90
WIRELESS COMMUNICATIONS
FACILITIES
Sections:
17.90.010
Purpose.
17.90.020
Nondiscrimination.
17.90.030
Applicability.
17.90.035
Licensed amateur (HAM) radio.
17.90.040
Definitions.
17.90.050
Permitted locations.
17.90.060
Parks and Public Places zoning — limitations.
17.90.070
Site requirements — outside of City rights -of -way.
17.90.080
Site requirements — City rights -of -way.
17.90.090
Security fencing.
17.90.100
Concealment.
17.90.110
Co -location.
17.90.120
Non -administrative special use permit required.
17.90.130
Application submittal requirements.
17.90.140
Requirement to demonstrate need for facility.
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17.90.150 Radio frequency standards.
17.90.160 Assignment of subleasing.
17.90.170 Maintenance required.
17.90.180 Abandoned facilities.
17.90.010 Purpose.
The purpose of this chapter is to establish design, permitting, and placement standards for
wireless communication facilities that:
A. Provides adequate wireless communication coverage to the residents of the City, the
traveling public, and others within the City's jurisdiction;
B. Ensures wireless communication facilities are consistent with the residential character of the
City;
C. Establishes development standards for wireless communication facilities that are least
intrusive and take into account the scale (height and mass), proximity to each other, and the
informal landscaping that contribute to the distinctive setting of the community;
D. Maximizes the use of any support structure and existing suitable structures and buildings in
order to reduce the need to construct or install new support structures; and
E. Protect the public health, safety and welfare.
17.90.020 Nondiscrimination.
The Federal Telecommunication Act (FTC) provides that the City shall not unreasonably
discriminate among providers of functionally equivalent services.
17.90.030 Applicability.
A. The provisions of this chapter shall apply to all new and expansion and/or alteration of
wireless communication facilities located within the boundaries of the City, except for the
following:
1. Those facilities used for the purpose of public safety by a public agency, such as police,
and 911 communications systems;
2. Wireless radio utilized for emergency communications in the event of a disaster;
3. An antenna that is designed to receive television broadcast signals;
4. An antenna for receiving and sending of amateur radio devices or HAM radios provided
the criteria in MMC 17.52.035 are satisfied;
5. An antenna that is one meter or less in diameter or diagonal measurement, which is
designed to receive direct broadcast satellite services, including direct -to -home satellite
services and those subject to MMC 17.52.060;
6. An antenna that is one meter or less in diameter or diagonal measurement, which is
designed to receive video programming services via multipoint distribution services,
including multi -channel multipoint distribution services, instructional television fixed
services, and local multipoint distribution services.
B. It is the express intent of the City to impose all regulations in this chapter to all land within
the City, whether publicly or privately held including private property, city property, state-
owned right-of-way, and/ or church property, utility property and school property.
17.90.035 Licensed amateur (HAM) radio.
Antennas for the receiving and sending of amateur radio devices (HAM) shall be exempt from
the requirements of this chapter provided:
A. The height of the antenna, including any tower, does not exceed the maximum zoning
height applicable to the property;
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B. The radio is owned and operated by a federally licensed amateur radio station operator, or
is used exclusively for "receive only' antenna;
C. No lights of any kind shall be attached to, and no direct or indirect means of artificial
illumination shall be employed, on the antenna or tower;
D. Concealment pursuant to MMC 17.90.100 shall be incorporated into the antenna and tower
to the extent allowed under the requirements set forth by the Federal Aviation Administration
(FAA);
E. Towers shall not be located within any setback areas and must be placed a distance from all
property lines and existing residential structures equal to, or greater than, its height (not
including the antenna);
F. No signs shall be permitted except as required by federal regulations, where such a sign
shall be limited to one in quantity and no larger than 8 Y2 inch by 11 inches;
G. The tower shall not be used for commercial purposes; and
H. Towers must meet all applicable state and federal statues, rules and regulations, including
obtaining a building permit from the City, if necessary.
17.90.040 Definitions.
A. Words in this chapter used in the singular shall include the plural, and the plural shall
include the singular, unless the context clearly indicates the contrary.
B. The following definitions apply to this chapter:
"Ancillary facilities" means the equipment required for operation of wireless communications,
including, but not limited to repeaters, radios, cabling, power meters, ventilation, generators,
and other related equipment.
"Antenna" means an electrical conductor or group of electrical conductors that transmit or
receive radio waves or microwaves.
"Antenna, Omni -directional (or whip)" means an antenna that receives and transmits signals
in a 360 degree pattern, and which is 4 inches or less in diameter and 15 feet or less in
height.
"Antenna, Directional (or panel)" means an antenna that receives and transmits signals in a
directional pattern typically encompassing an arc of 120 degrees.
"Antenna, Parabolic (or dish)" means a bowl -shaped device that receives and transmits
signals in a specific directional pattern.
Antenna, Tubular Panel" means an antenna which is 18 inches or less in diameter and less
than 8 feet in height, and which is capable of receiving or transmitting signals in a 360
degree pattern. This includes a configuration of multiple panel antennas located within a
single shroud that gives the appearance of a single antenna.
"Co -location" means the use of a single support structure and/ or site by more than one
telecommunication carrier of wireless communication.
"Coverage gap" means a geographic area where a telecommunication carrier has a
significant gap in service coverage.
"Equipment housing structure" means the structure used to shelter equipment (i.e.:
electronics, cooling and heating devices, emergency generators, etc) necessary for
processing wireless communication signals including, but not limited to, vaults, cabinets and
similar assemblies.
"Existing nonresidential building" means an existing building or structure that contains a
nonresidential use or supports a nonresidential use.
"Lattice tower" means a support structure characterized by an open framework of lateral
cross members which stabilize the structure.
"Monopole" means a single upright pole, engineered to be self supporting that does not
require lateral cross supports and is sunk into the ground and/ or attached to a foundation.
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"Personal wireless services" means the same as that phrase is given meaning pursuant to
47 USC §332(c)(7)(C)(i).
"Personal wireless service facilities" means the same as that phrase is given meaning
pursuant to 47 USC §332(c)(7)(C)(ii).
"Residential use property" means all portions of any property which contain a residence and
all portions of any vacant property which is zoned for residential use, including property
located in adjoining jurisdictions.
"Security barrier" means an obstruction, such as fences, walls, vegetation and similar
elements that restricts public access.
"Service area" means the vicinity around a wireless communication facility that effectively
receives signals from and transmits signals to the facility.
"Significant Gap in Service Coverage" means a large geographical service area in which a
large number of remote user subscribers are unable to connect or maintain a connection to
the national telephone network through a telecommunication carrier's wireless
communication network. A "dead spot" (defined as small areas within a service area where
the field strength is lower than the minimum level for reliable service) does not constitute a
significant gap in services.
"Support structures" means the structure to which antennas and other necessary associated
hardware are mounted, including, but not limited to lattice towers, monopoles, utility support
structures, and existing nonresidential buildings.
"Utility support structure" means poles that support street lights, and poles used to
supporting electrical, telephone, cable or other similar facilities. These poles are typically
constructed of wood, steel, concrete and composite materials.
View -shed" means the environment that is visible from one or more viewing points.
'Wireless communication facility' means a facility designed and used for the purpose of
transmitting, receiving, and relaying voice, video and data signals from various wireless
communication devices. This may include any combination of antennas, ancillary facilities,
equipment housing structures, support structures, and security barriers.
17.90.050 Permitted locations.
Wireless communication facilities may be permitted at the following locations:
A. Properties zoned R-16 District, R-20 District, and SR-30 District containing a nonresidential
use identified in the Land Use Inventory set forth in the Medina Comprehensive Plan; and
B. Properties zoned Neighborhood Auto and Primary State Highway; and
C. Properties zoned Parks and Public Places, subject to the limitations set forth in MMC
17.90.060; and
D. All opened and un-opened City rights -of -way, regardless of the underlying zoning district.
E. All other locations within the City's jurisdiction are prohibited.
17.90.060 Parks and Public Places zoning — limitations.
Wireless communication facilities are prohibited in all portions of City parks, except:
A. Those portions of Fairweather Nature Preserve which are non -forested and adjacent to the
state highway right-of-way; and
B. Ancillary facilities placed within the interior of a City -owned building.
17.90.070 Site requirements — outside of City rights -of -way.
The following site requirements shall apply to wireless communication facilities that are located
pursuant to MMC 17.90.050(A), (B), and (C).
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A. An antenna and ancillary facility may use an existing nonresidential building as a support
structure provided that:
1. Only one of the following may be mounted on the building:
a. One tubular panel antenna;
b. One whip antenna; or
c. One non -reflective parabolic dish antenna not more than one -foot in diameter.
2. More than one antenna may be mounted on the same nonresidential building when:
a. The added antenna is for the purpose of co -location as prescribed by MMC
17.90.110 provided each telecommunication carrier shall be limited to only one
antenna on the same nonresidential building; and/ or
b. The added antenna is for a Global Positioning System (GPS) antenna less than 12
inches at its greatest dimension.
3. Ancillary facilities may be located on- or off -site and shall be placed within the interior of
an existing nonresidential building or an equipment housing structure. This provision
shall not apply to conduit or cabling for power and/ or data.
4. The maximum height of the wireless communication facility, including the height of the
antenna, shall not exceed the lower of a height of 35 feet above finished or original
grade, whichever is lower, or:
a. Six feet, eight inches, measured to the top of a tubular antenna above the roof
proper at the point of attachment;
b. Ten feet measured to the tip of whip antenna above the roof proper at the point of
attachment;
c. Five feet measured to the top of a parabolic dish above the roof proper at the point of
attachment.
5. Wireless communication facilities, except for security barriers, shall be set back a
distance of at least 500 feet from the property line of all residential properties.
6. In addition to the provisions prescribed by this subsection, if a support structure is
attached to an existing nonresidential building, the provisions set forth in MMC
17.90.070(B) shall apply where applicable.
7. Concealment consistent with MMC 17.90.100 is incorporated to minimize visual impacts
and provide appropriate screening.
8. Buildings containing a residential occupancy as defined by the building code shall not be
utilized as a support structure.
B. An antenna may be mounted to a support structure such as a lattice tower, monopole and
similar freestanding structures, provided that:
1. The support structure shall be designed and placed on the site in a manner that uses
existing trees, mature vegetation, and existing structures to:
a. Screen as much of the total facility from prevalent views;
b. Provide background in a manner that the total facility blends to the maximum extent
feasible into the background with increased sight distances; and
c. Integrates the existing trees and mature vegetation to the maximum extent feasible
with concealment requirements.
2. The maximum height of the wireless communication facility, including the height of the
antenna, shall not exceed 35 feet above original or finished grade, whichever is lower.
3. The maximum height in MMC 17.90.070(B)(2) may be increased up to 80 feet without a
variance if:
a. The wireless communication facility is located in Fairweather Nature Preserve
consistent with MMC 17.90.060(A); and
b. The increase in height is the minimum necessary to avoid a significant gap in service
coverage on the SR 520 floating bridge; and
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c. The increase in height supports future co -location on the support structure pursuant
to MMC 17.90.110; and
d. All other applicable provisions of this chapter are followed.
4. Wireless communication facilities, except for security barriers, shall be set back a
distance of at least 500 feet from the property line of all residential properties.
5. Ancillary facilities may be located on- or off -site and shall be placed within the interior of
an existing nonresidential building or an equipment housing structure. This provision
shall not apply to conduit or cabling for power and/ or data.
6. Concealment consistent with MMC 17.90.100 is incorporated to minimize visual impacts
and provide appropriate screening.
17.90.080 Site requirements — City rights -of -way.
The following site requirements shall apply to wireless communication facilities that are located
pursuant to MMC 17.90.050(D).
A. Antennas shall be mounted to an existing utility support structure, except as provided in
MMC 17.90.080(E).
B. The maximum height of the wireless communication facility shall not exceed the height of
the existing utility support structure, except up to 15 additional feet of height may be
permitted above the existing utility support structure, without a variance, provided:
1 Either the increase in height is established by the applicant as the minimum necessary
to eliminate a significant gap in service coverage, or the increase in height is established
by the applicant as the minimum necessary to separate components of the wireless
communication facility from the electrical primary lines; and
2. Negative visual impacts on adjacent properties are minimized by incorporating
concealment and screening; and
3. The measurement for maximum height of the existing utility support structure shall not
include replacements pursuant to MMC 17.90.080(D).
4. The City may at its discretion require an engineering and technical review as part of a
process for approval of the height increase. The selection of a qualified person or party
to conduct the engineering and technical review shall be at the discretion of the City with
the cost of the engineering and technical review to be borne by the applicant. The
engineering and technical review shall address the following:
a. The accuracy and completeness of the submission;
b. The applicability of analysis techniques and methodologies;
c. The validity of conclusions reached; and
d. Any specific engineering or technical issues designated by the City.
C. The placement of wireless communication facilities on utility support structures in the City
rights -of -way shall be subject to the following requirements:
1. No minimum setback distance from property lines is required;
2. The applicant must demonstrate the selected location, support structure, and wireless
communication facilities will have the least intrusive impact on the high -quality residential
setting of the community as described in the Medina Comprehensive Plan after
considering technical, engineering, and other pertinent factors.
3. Utility support structures containing wireless communication facilities owned and/ or
operated by the same entity or person, or by entities or persons having common
ownership or control, shall be separated by a distance of at least 750 feet, or by a
distance where no additional wireless communication facilities are visible within the
view -shed of the subject pole, whichever distance is less.
a. Distance shall be measured in a straight line between the bases of the subject poles.
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b. This subsection shall not be construed as granting an exclusive right to any person
or entity that would exclude competitors from locating wireless communication
facilities in the City rights -of -way. The minimum distance required for separation
shall not be applied between wireless communication facilities that are functionally
separate and owned and/ or operated by different entities having no common
ownership or control.
4. Antennas shall meet the following requirements:
a. Antennas mounted on top of a utility support structure shall not extend outside of the
circumference of the pole as measured at the base, except:
i. Antennas placed inside of a shroud may extend outside the circumference of the
pole provided the diameter of the shroud does not exceed 1.25 multiplied by the
diameter of the pole as measured at the base; or
ii. Omni -directional antennas not exceeding 4 inches in width with a volume of 905
cubic inches or less each may be mounted on a single cross arm attached to the
pole provided each antenna is separated from the nearest antenna by a
horizontal airspace distance of at least 3 times the width of the larger antenna.
b. Antennas mounted to the side of a utility support structure shall:
i. Not have the furthest point of any antenna (including mounting brackets) extend
more than one -foot outside of the circumference of the pole measured at the
point of attachment, except:
ii. Omni -directional antennas may be mounted on a cross arm subject to the
limitations set forth in MMC 17.90.080(C)(4)(a)(ii).
c. More than one antenna may be mounted to a utility support structure.
d. Concealment is incorporated pursuant to MMC 17.90.100.
5. Conduit required for power and cabling attached to the outside of a utility support
structure shall be limited to 4 inches in diameter per conduit and the total combine
diameter of conduit for all wireless communication users at any individual location shall
not exceed 16 inches.
6. The hearing examiner may approve deviations from the standards in MMC 17.90.080(B),
17.90.080(C)(3),(4) and (5), and MMC 17.90.080(E) under a non -administrative special
use permit provided the applicant can demonstrate the deviation will satisfy the following
criteria:
a. There exists an actual (not theoretical) significant gap in service coverage;
b. The proposed deviation will be designed and located to remove the significant gap in
service coverage in a manner that is, in consideration of the values, objectives, and
regulations set forth in this chapter, including MMC 17.90.080(C)(2), the zoning
code, and the comprehensive plan, the least intrusive upon the surrounding area;
c. The granting of the deviation will not be detrimental to the public welfare;
d. The proposed least intrusive deviation is the minimum deviation necessary to resolve
the significant gap in service coverage;
e. No other less intrusive and feasible, alternative technologies, existing support
structures, or alternative sites are available that will allow the applicant to resolve the
significant gap in service coverage without a deviation from the standard.
7. Ancillary facilities may be located on- or off -site and shall be placed within the interior of
an existing nonresidential building or an equipment housing structure. This provision
shall not apply to conduit or cabling for power and/ or data.
8. Concealment, consistent with MMC 17.90.100, is incorporated to minimize visual
impacts and provide appropriate screening.
9. The purpose statements set forth in MMC 12.32.010 for structures in the unimproved
portions of the public's right-of-way are applied as applicable.
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D. For purposes of MMC 17.90.080(A), an existing utility support structure shall include a utility
pole that replaces an existing utility pole provided:
1. The replacement is consistent with standard utility pole replacement practices for
maintenance or emergencies; or
2. The replacement is for the purpose of accommodating additional wireless
communication facilities provided the diameter width of the replacement is not more than
1.5 multiplied by the diameter of the base of the existing pole; or
3. The replacement is for the purpose of accommodating street improvements required by
the City; and
4. Except for MMC 17.90.080(D)(3), the replacement pole shall not be moved more than 10
feet from the location of the existing pole (measured from the pole center point of the
existing and new pole location).
E. When an existing utility support structure is unavailable due to utilities being located
underground, an alternative support structure may be approved by a non -administrative
special use permit provided:
1. Placement is consistent with the provisions set forth in MMC 17.90.080(C);
2. The height of the wireless communication facility does not exceed a height of 45 feet
above the existing grade, except within the Neighborhood Character Preservation
District (chapter 17.21 MMC) the maximum height shall be the lower of:
a. Thirty-five feet above the existing grade; or
b. The elevation at the highest point of the roof of the nearest single-family dwelling
located on the higher elevation side of the support structure.
3. The wireless communication facility is designed in accordance with the following:
a. The antenna and ancillary facilities are incorporated into the interior of the support
structure or concealed so as not to be visible from any City street or surrounding
neighborhood properties; and
b. The support structure is disguised to appear as a decorative or attractive
architectural or natural feature, such as a decorative street light, artwork, tree, bush,
or similar feature.
c. Concealment, consistent with MMC 17.90.100, is incorporated to minimize visual
impacts and provide appropriate screening.
17.90.090 Security barrier.
If a security barrier is installed that includes a fence, wall or similar freestanding structure, the
following shall apply:
A. The height of the structure shall not exceed 6 feet measured from the point of existing or
finished grade, whichever is lower at the exterior side of the structure to the highest point of
the structure.
B. A sight -obscuring vegetated landscaped barrier shall be installed and maintained to screen
the structure and facilities from adjoining properties and City rights -of -way.
1. Placement of landscape vegetation shall include areas outside of the barrier and shall
obscure the site within 12 months.
2. Landscaping and the design of the barrier shall be compatible with other nearby
landscaping, fencing and freestanding walls.
C. If a chain -linked fence is used, it shall be painted or coated with a non -reflective color.
D. The limitations set forth for walls and fences in MMC 17.76.030 shall apply. The limitation
for a chain -link fence shall not apply if the wireless communication facility is located in the
City rights -of -way.
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17.90.100 Concealment.
All wireless communication facilities must incorporate concealment techniques consistent with
this section that screen, hide, or disguise facilities in a manner that makes them visually
inconspicuous to the extent technically feasible to surrounding properties and City streets.
A. For building mounted installations the following concealment techniques must be applied:
1. Screening materials matching color, size, proportion, style, and quality with the exterior
design and architectural character of the structure and the surrounding visual
environment;
2. Antennas must be mounted inside of the building or behind screening whenever
possible;
3. Ancillary facilities, except conduits or cabling for power and/ or data, must be concealed
by locating the equipment inside an existing nonresidential building, or in an equipment
housing structure, meeting the requirements set forth in MMC 17.90.100(D);
4. Other techniques that prevent the facility from visually dominating the surrounding area.
B. For support structure mounted installations, such as a lattice tower, monopole and similar
freestanding structures, the following concealment techniques must be applied:
1. All components associated with the wireless communication facility mounted on the
exterior side of the structure shall be painted to match the predominant color of the
support structure;
2. The support structure shall be painted in a non -reflective color that matches the
predominate visual background and/ or adjacent architecture so as to visually blend in
with the surrounding development;
3. In certain conditions, such as locations that are readily visible from a large number of
residential properties or public spaces, the City may require additional concealment such
as disguising the support structure to appear as an attractive architectural or natural
feature;
4. Ancillary facilities, except for conduits or cabling for power and/ or data, must be
concealed by locating the equipment inside an existing nonresidential building, or in an
equipment housing structure, meeting the requirements set forth in MMC 17.90.100(D);
5. Other techniques that prevent the facility from visually dominating the surrounding area.
C. For utility support structure installations the following concealment techniques must be
applied:
1. Except for antennas mounted on top of a pole, all components associated with the
wireless communication facility mounted on the exterior of the pole shall be painted to
match the predominant color of the pole or utility attachments to the pole;
2. Antennas mounted on top of the pole may be painted to match the pole, or may be
painted to blend into the background;
3. Ancillary facilities, except conduits or cabling for power and/ or voice, video, or data lines
must be concealed by locating the equipment inside an existing nonresidential building,
or in an equipment housing structure, meeting the requirements set forth in MMC
17.90.100(D); and
4. Other techniques that prevent the facility from visually dominating the surrounding area.
D. Equipment housing structures shall employ the following concealment techniques:
1. Except as provided for in MMC 17.90.100(D)(2), equipment housing structures shall be
placed underground and subject to the following:
a. Up to 5 inches may be located above the finished or original grade, whichever is
lower;
b. All visible portions of the structure shall be screened from the view of neighboring
properties and public places by dense vegetation approved by the City; and
c. The location of the facility must not interfere with existing uses of public land
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2. Up to two small equipment housing structures containing ancillary facilities may be
mounted to the outside of a support structure provided:
a. It is not technically or economically feasible to locate ancillary facilities within the
interior of the support structure;
b. Each equipment housing structure shall not exceed 4.5 cubic feet in volume, nor
protrude more 18 inches as measured perpendicular from the tangent point or
surface where the equipment housing structure attaches to the support structure;
and
c. A minimum clearance of 10 feet is maintained between the bottom of the equipment
housing structure and the ground or sidewalk below.
17.90.110 Co -location.
A. An applicant shall, to the extent commercially reasonable, cooperate with owners of existing
wireless communication facilities in co -locating additional antennas on support structures.
B. Applicants shall demonstrate that they have made a good -faith effort to co -locate with other
support structures currently used for wireless communication facilities, and that no
commercially reasonable co -location opportunities that meet the requirements of this code
are available.
C. An applicant shall be considered to have demonstrated a good -faith effort when they can
demonstrate that:
1. No existing or approved (but not built) support structures are available within the service
area meeting the applicant's engineering requirements;
2. No existing support structures are available which provide or may be practically modified
to provide sufficient height to meet the applicant's engineering requirements;
3. No existing support structures are available which provide or may be practically modified
to provide sufficient structural strength to support the applicant's proposed antenna and
related equipment; and
4. The applicant's proposed antenna would cause electromagnetic interference with
existing antennas on the support structure, or the existing antennas would cause
electromagnetic interference with the applicant's antenna if it is located on the support
structure when properly maintained and operated according to applicable law and
manufacturer's guidelines.
5. Other limiting factors are present that render existing support structures unsuitable.
D. In the event a dispute arises as to whether an applicant has exercised good -faith in
determining co -location opportunities, the City may at its discretion require an engineering
and technical review, at the applicant's sole cost and expense, as part of a process for
approval of the height increase pursuant to MMC 17.90.080(B)(4).
E. Failure to comply with the co -location requirements of this section may result in the denial of
an application or revocation of an existing permit.
F. The City may require new support structures to be constructed so as to accommodate future
co -location, based on expected demand for support structures in the service area, provided
this requirement would not cause the application to be rejected by the City.
17.90.120 Non -administrative special use permit required.
A non -administrative special use permit is required for all wireless communication facilities
pursuant to the provisions in chapter 17.56 MMC.
A. An approved non -administrative special use permit shall become null, void and
nonrenewable if the wireless communication facility is not constructed within one year of the
date the decision on the non -administrative special use permit becomes final.
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B. The City manager or designee may grant a 6-month extension, if construction has
commenced before expiration of the one year deadline and an extension fee is paid
prescribed by the City's fee schedule.
C. The applicant shall maintain the facility to the standards that may be imposed by the non -
administrative special use permit.
D. In addition to the non -administrative special use permit, construction permits and
construction mitigation may also apply.
E. The requirement for a non -administrative special use permit shall not apply to routine
maintenance, repair and replacement of wireless communication facilities provided:
1. A non -administrative special use permit has previously been approved for the wireless
communication facility; and
2. The repair and maintenance work excludes changes in height or dimensions of
antennas, towers, or buildings; and
3. Any change of antennas has the same area or less than those removed and the
replacement antennas are compliant with the requirements of the non -administrative
special use permit and this code, including by way of example and not limitation,
requirements for concealment.
G. The placement of additional electronic equipment within an approved equipment housing
structure shall not require a non -administrative special use permit provided there is no
expansion of the equipment housing structure.
H. If a non -administrative special use permit is for the transfer of ownership or lease and
involves no physical changes to the appearance of the wireless communication facility, and
the transfer will not modify the conditions of approval prescribed by the non -administrative
special use permit, the City manager or designee may approve the non -administrative
special use permit as a ministerial decision without the requirement of new noticing.
17.90.130 Application submittal requirements.
In addition to the submittal requirements set forth in MMC 17.56.020, all applications for
wireless communication facilities shall include at least one original and four copies, unless
specified otherwise, of the following information.
A. A copy of the FCC license and any other applicable licenses applicable to the intended use
of the wireless communication facilities.
B. A complete description of the proposed facility, including preliminary or conceptual drawings
showing dimensions and other relevant information in which to evaluate the facility's
compliance with this chapter. All plans shall include the maximum build -out of the proposed
facility as anticipated by the applicant at the time of the application.
C. Maps showing the coverage area of the proposed facility and explanation of the need for
that facility. This includes documentation demonstrating a need for the facility pursuant to
MMC 17.90.140.
D. Area map showing the service area and the location of all sites currently operated by the
applicant and the carrier provider within the City and a one -mile radius from the City
boundaries. Information on each site's targeted area and capability of providing service
shall be included.
E. An evaluation of the view -shed including, but not limited to:
1. A diagram or map showing the view -shed from a site plan perspective;
2. Photo simulations with graphics showing the views and appearance of the components
of the wireless communication facility before and after installation; and
3. The views shall be shown from at least four points, which are mutually agreed upon by
the City manager or designee and the applicant, within the impacted vicinity.
G. A site and landscaping plan showing:
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1. The location of all existing and proposed wireless communication facilities on the site;
2. Existing structures, trees and other significant site features;
3. Information on the proposed vegetative planting; and
4. Information on the proposed concealment that will be employed.
H. Documentation demonstrating compliance with non -ionizing electromagnetic radiation
(NIER) emissions standards adopted by the Federal Communication Commission.
I. Documentation showing that the proposed facility will not cause interference with other
wireless communication facilities and telecommunication devices.
J. Signed statements indicating the following:
1. The applicant agrees to allow for the potential co -location of additional wireless
communication facilities by other providers on the applicant's structure or within the
same site location:
a. Provided all safety and structural requirements are met; and
b. Any future owners or operators will allow co -location.
c. If the applicant does not own the support facility, a consent agreement by the owner
is required granting access to other users for the same structure or facility.
2. The applicant agrees to remove the wireless communication facility within 90 days after
that site's use is discontinued
K. A lease agreement with the landholder, or franchise agreement if in a right-of-way, that:
1. Allows the landholder to enter into leases with other providers; and
2. Specifies that if the applicant fails to remove the facility upon 90 days of its discontinued
use, the responsibility for removal falls upon the landholder.
L. Application permit fee set forth in the fee schedule.
17.90.140 Requirement to demonstrate need for facility.
A. All applicants are required to demonstrate a need and submit satisfactory evidence that the
wireless communication facility is designed for and will provide personal wireless services
primarily for residents of Medina and/ or visitors within the City's jurisdiction. Wireless
communication facilities may be designed to provide personal wireless services for people
outside of the City limits provided that satisfactory evidence is provided that the facility is
needed to complete a regional network.
B. In demonstrating need for the facility; the applicant must provide satisfactory evidence that:
1. They are a carrier of personal wireless services, or the applicant has a binding
agreement with one or more carriers who provide personal wireless services; and
2. The types of facilities chosen are the least intrusive on the residential setting of the
community.
C. To demonstrate need, the applicant must provide information that documents the following:
1. The need for the carrier providing the personal wireless services to complete a network
of local or regional services;
2. The inability of the carrier providing the personal wireless services to provide personal
wireless services to Medina residents and/ or visitors using other facilities, either existing
or planned that are inside and outside of the City limits;
3. The inability of the carrier providing the personal wireless services to fulfill the need for
the facility with other sites available outside of the City limits; and
4. How the types and location chosen for the wireless communication facility needed in
completing a local or regional network for personal wireless services are the least
intrusive upon the surrounding area.
D. Documentation shall include propagation studies and maps that support the need for the
wireless communication facility. If capacity is included in demonstrating need,
documentation must include usage and forecasted or present blockage, call volume, drive-
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test data results including date of test, location of tests, signal strength results, and any
other technically pertinent information that supports a need for the wireless communication
facility.
17.90.150 Radio frequency standards.
A. The wireless communication facility shall comply with federal standards for radio frequency
emissions. As a condition of approving a non -administrative special use permit, the City
may require monitoring reports showing compliance. If after review of a report the City finds
that the facility does not meet federal standards, the City may revoke or modify the
conditions of the non -administrative special use permit.
B. The applicant shall be responsible to ensure that the wireless communication facility does
not interfere with the reception of area television or radio broadcasts. If evidence is found
that the wireless communication facility is interfering with such reception, upon receiving
written notice from the City, the applicant shall have 60 days to correct the problem, or the
City may revoke or modify the special use permit.
C. Revocation or modification of a special use permit shall require a hearing before the hearing
examiner. Revocation shall be processed pursuant to MMC 1.15.540.
17.90.160 Assignment of subleasing.
A. A special use permit for a wireless communication facility may not be transferred or
assigned to another owner or lessee unless until the assignee obtains a non -administrative
special use permit for the wireless communication facility.
B. No sublease shall be entered into by a provider until the sub -lessee has obtained a non -
administrative special use permit for its facility.
C. An assignee or sub -lessee seeking a permit shall submit all data required for an original
permit.
17.90.170 Maintenance required.
The applicant shall maintain the wireless communication facility consistent with the provisions of
this chapter and any conditions imposed by the non -administrative special use permit. Such
maintenance shall include, but is not limited to, maintenance of the paint, structural integrity and
landscaping. If the applicant fails to maintain the facility, the City may undertake the
maintenance at the expense of the applicant or may revoke the special use permit pursuant to
MMC 1.15.540 for noncompliance with the Medina Municipal Code.
17.90.180 Abandoned facilities.
A wireless communication facility that is unused for more than 90 consecutive days is hereby
declared abandoned. Abandoned facilities shall be removed no later than 90 days from the
date of abandonment. Failure to remove an abandoned facility is declared a public nuisance
and is subject to abatement actions and penalties set forth in chapters 1.15 and 8.04 MMC.
Section 2. Additional Action. The City Manager is directed to amend the City of
Medina 2009 Fee Schedule, adopted by City Council April 13, 2009, to change the fee for
Wireless Communication Facility Permit to read $5,000 plus consultant costs.
Section 3. Severability. If any section, sentence, clause, or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity
or unconstitutionality shall not affect the validity of any other section, sentence, clause, or phrase
of this ordinance.
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Section 4. Effective Date. This ordinance shall take effect five (5) days after its
publication or the publication of a summary of its intent or contents.
PASSED BY THE CITY COUNCIL ON THIS 13 DAY OF SEPTEMBER, 2010 AND
SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE 13 DAY OF SEPTEMBER,
2010.
Approved as to for
Bruce Disend, Ci Attorney
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A
Mayo Bret Jordan
Attest:
R hel Baker, City Clerk