HomeMy WebLinkAboutReg 2006-10-16 Item 6 - Public Hearing - Ordinance Amending Zoning Code Creating Wireless Telecommunications Chapter f y gs
COUNCIL AGENDA SYNOPSIS
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CAS NUMBER: 06-105 IORIGINALAGENDA DA'Z'E: 9/11/06
AGENDA ITEM TITLE Creation of a Wireless Telecommunications Chapter
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 9/11/06 Mtg Date Mtg Date Mtg Date 10/16/06 Mtg Date Mtg Date 10/16/06 Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW
SPONSOR'S The Planning Commission considered this issue on 5/25/06, 6/22/06 and 7/27/06. The
SUMMARY Commission has recommended the approval of a Wireless Telecommunications Chapter to
regulate the placement, location, and design of future wireless telecommunication
facilities (cell antennas) within the City.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA'L'E: 8/29/06
RECOMMENDATIONS:
SPONSOR /ADMIN. Conduct Public Hearing and consideration of proposed ordinance
COM1{I'r1EE Forward to Committee of the Whole
COST IMPACT 1 FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$N /A $N /A $N /A
Fund Source: N/A
Comments: N/A
MTG. DATE 1 RECORD- OF COUNCIL A CT_ _ION
9/11/06 I City Council was briefed on proposed ordinance
MTG. DATE ii=== ATTACHMENTS
9/11/06 Memo from DCD
9/11/06 Draft Ordinance with proposed changes
10/16/06 Memo from Planning Staff
Ordinance in final form
Minutes from Community Affairs and Parks Committee of 8/29/06
ILA,
Q 9,' i j Ci
of L uf� ,YY t Steven M. Mullet Mayor
Department of Community Development Steve Lancaster, Director
1908
Mayor
City Council
FROM: Steve Lancaster, Director
RE: Wireless Communication Chapter
Response to Council COW Items
DATE: October 11, 2006
This memo is intended to address the items that were raised at the September 11, 2006
COW meeting regarding the proposed wireless telecommunications chapter.
Item 1: Council directed staff to explore limiting the number of antennas that are
permitted on a wireless communications tower.
Staff's Response
Staff has not included any code language to address this item. The proposed ordinance
does not provide a quantitative limit on the number of antennas permitted on an existing
wireless communications tower. However, due to separation requirements, the number of
antennas on an existing tower would be limited. Typically wireless providers must
maintain a separation of ten feet between their antennas and a competitor's antennas.
Thus, this separation need would limit the number of providers available to locate on a
wireless tower.
Item 2: Council wanted to ensure that the exemption section of the code addresses dishes
used to receive and send internet signals for both residents and businesses.
Staffs Response
An exemption for dishes used to receive or send internet signals is consistent with the
intent of the code. Staff has added the following language under the exemption section of
the code.
2. An antenna that is designed to receive or send direct broadcast satellite service
and/or broadband signals, or other means for providing internet service including
direct -to -home satellite services, and that is one meter or less in diameter or
diagonal measurement and when the antenna is attached to the residence or
business that is utilizing the service.
1
6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206 431 -3665
Staff reviewed some of the current dishes being used by restaurants and convenient stores
and they are less than one meter in diameter.
Item 3: Council asked for some clarification on the matrix and location requirements for
wireless communication facilities.
Staff's Response
The following language has been included in the proposed ordinance.
2. The priorities for the type of wireless communication facility shall be
based upon the matrix provided in this chapter (Table A). Desirable
facilities are located on the top of the matrix and least desirable facilities
are located at the bottom of the matrix. Any application for a wireless
communication facility must work down from the above matrix. For
example, an applicant must demonstrate by engineering evidence that
using a transmission tower collocation is not possible before moving to a
utility pole collocation, and so forth, with the last possible siting option
being a new tower or waiver request.
Item 4: Encouraging wireless providers to use city owned properties in order to
generate revenue.
Staff's Response
Planning Staff has added the following language to the "purpose" section of the
proposed chapter.
7. Allow wireless communication companies to use City property (i.e. City
Hall, Community Center, parks, etc) for the placement of wireless facilities,
where consistent with other public needs, as a means to generate revenue for the
City;
The language does not mandate that wireless providers attempt to locate facilities on City
owned facilities and property.
Many other government entities have found it profitable to rent public property in order
to generate revenue. Staff would suggest that this matter be explored in the future.
Further conversations would need to take place with Public Works and Parks.
Item 5: Height of Ham Radios
Staff's Response
The exemption section of the proposed chapter provides standards for the construction of
HAM radio facilities. HAM radio antennas are exempt if they meet certain development
2
standards. One of the development standards requires that the antennas be placed at least
three quarters of its height from any property lines.
There was some concern that the long narrow lots in Tukwila would not be permitted to
have HAM radio antennas due to this setback provision. In the future if such a scenario
were to occur an applicant could seek a variance.
There was also some concern regarding height of proposed HAM towers and FAA
requirements. A proposed HAM tower cannot exceed the maximum height of the
applicable zoning. Thus, within the LDR zone the maximum height of the HAM tower
would be 30 feet.
Conclusion
The minor changes outlined in this chapter have been included in the proposed ordinance.
No action needs to occur with regards to these changes if Council is satisfied with the
language.
3
1948
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING TUKWILA'S ZONING CODE TO REGULATE
THE SITING OF WIRELESS COMMUNICATION FACILITIES; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE
WHEREAS, the City has received or expects to receive requests to site wireless communica-
tion facilities within its boundaries; and
WHEREAS, the City recognizes that Congress, pursuant to the Telecommunications 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 finds that the provisioning of personal wireless services to the residents
of the City of Tukwila is in the public interest, and that permitting the placement, construction and
modification of wireless communication facilities within its boundaries is necessary to support such
service; and
WHEREAS, it is the City's intent therefore to permit the placement, construction, and
modification of wireless communication facilities within its boundaries; and
WHEREAS, the City also finds that placement, construction and modification of wireless
communication facilities could adversely affect the character, aesthetics, property values, historic
significance, and environmental quality of the community; and
WHEREAS, the City also finds that construction/installation of new towers to support
antenna installations is likely to have a more significant adverse impact upon the character,
aesthetics, property values, historic significance, and environmental quality of the community than
use of existing towers, structures, and power poles and use of alternative technology for such
installations; and
WHEREAS, the City has undertaken a review of its Zoning Code and determined that
existing Zoning Code provisions are technologically dated, unclear or non-existent regarding
wireless communication facilities, and do not adequately implement the goals, objectives and
policies of the adopted Comprehensive Plan or adequately protect the public health, safety and
welfare; and
WHEREAS, it is the City's intent to protect and promote the public health, safety and
welfare by adding new regulations to the City's Zoning Code regarding the placement,
construction and modification of wireless communication facilities within its boundaries; and
WHEREAS, the Planning Commission, after conducting three public hearings on May 25,
June 22 and July 27, 2006, recommended that the City Council adopt the proposed new wireless
communication facilities regulations; and
WHEREAS, the City Council's Community Affairs and Parks Committee conducted a public
meeting on August 29, 2006, at which time it heard a presentation from staff and reviewed the
proposed new wireless communication facilities regulations, and upon such review recommended
that modifications to language regarding new towers and height waivers and other minor
modifications be made; and
WHEREAS, the City Council has conducted a duly noticed public hearing during the regular
meeting on October 2, 2006, and subsequently continued further consideration of the proposed
text amendments; and
WHEREAS, the City Council has based its findings and conclusions upon consideration of,
among other things, the existing topography and geography of the City, existing land uses,
available wireless communication technology, existing wireless communications facilities and
wireless ord.doc, 10/12/06 Page 1 of 26
coverage, public testimony, presentations by staff, applicable laws, rules and regulations including,
without limitation, the National Environmental Policy Act and the State Environmental Policy Act,
applicable court decisions, and the records on file with the office of the City Clerk;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Wireless Communication Facilities. New regulations concerning wireless
communication facilities, to be codified at TMC Chapter 18.58, are hereby adopted as follows:
18.58.010 Purpose
A. The purpose of this Chapter is to regulate the placement, construction and modification
of wireless communication facilities, in order to protect the health, safety and welfare of the public,
while not unreasonably interfering with the development of the competitive wireless
telecommunications marketplace in the City. The purpose of this Chapter will be achieved
through adherence to the following objectives:
1. Establish clear and nondiscriminatory local regulations concerning wireless
telecommunications providers and services that are consistent with Federal and State laws and
regulations pertaining to telecommunications providers;
2. Protect residential areas and land uses from potential adverse impacts that
wireless communication facilities might create, including but not limited to impacts on aesthetics,
environmentally sensitive areas, historically significant locations, flight corridors, and health and
safety of persons and property;
3. Encourage providers of wireless communication facilities to locate them, to the
extent possible, in areas where the adverse impact on the community is minimal;
4. Encourage the location of wireless communication facilities in nonresidential
areas and allow wireless communication facilities in residential areas only when necessary, to meet
functional requirements of the telecommunications industry;
5. Minimize the total number of wireless communication facilities in residential
areas;
6. Require cooperation between competitors and, as a primary option, joint use of
new and existing towers, tower sites and suitable structures to the greatest extent possible, in
order to reduce cumulative negative impact upon the City;
7. Allow wireless communication companies to use City property (i.e. City Hall,
Community Center, parks, etc.) for the placement of wireless facilities, where consistent with
other public needs, as a means to generate revenue for the City;
8. Ensure wireless communication facilities are configured in a way that minimizes
the adverse visual impact of the wireless.communication facilities, as viewed from different vantage
points, through careful design, landscape screening, minimal impact siting options and
camouflaging techniques, and through assessment of technology, current location options, siting,
future available locations, innovative siting techniques and siting possibilities beyond the
jurisdictional boundaries of the City;
9. Enhance the ability of the providers of telecommunications services to provide
such services to the community quickly, effectively and efficiently;
10. Provide for the removal of wireless communication facilities that are abandoned
or no longer inspected for safety concerns and Building Code compliance, and provide a
mechanism for the City to cause these abandoned wireless communication facilities to be removed,
to protect the citizens from imminent harm and danger;
11. Avoid potential damage to adjacent properties from tower failure, through
engineering, careful siting, and maintenance of wireless communication facilities; and
12. Provide a means for public input on major wireless communications facility
placement, construction and modification.
B. In furtherance of these objectives, the City shall give due consideration to the
Comprehensive Land Use Plan, zoning code, existing land uses, and environmentally sensitive
areas in approving sites for the location of communication towers and antennas.
C. These objectives were developed to protect the public health, safety and welfare, to
protect property values, and to minimize visual impact, while furthering the development of
enhanced telecommunication services in the City. These objectives were designed to comply with
the Telecommunications Act of 1996. The provisions of this Chapter are not intended to and shall
not be interpreted to prohibit or to have the effect of prohibiting personal wireless services. This
Chapter shall not be applied in such a manner as to unreasonably discriminate between providers
of functionally equivalent personal wireless services.
wireless ord.doc, 10/11/06 Page 2 of 26
D. To the extent that any provision of this Chapter is inconsistent or conflicts with any
other City ordinance, this Chapter shall control. Otherwise, this Chapter shall be construed
consistently with the other provisions and regulations of the City.
E. In reviewing any application to place, construct or modify wireless communication
facilities, the City shall act within a reasonable period of time after an application for a permit is
duly filed, taking into account the nature and scope of the application. Any decision to deny an
application shall be in writing, supported by substantial evidence contained in a written record.
The City shall approve, approve with conditions, or deny the application in accordance with Title
18 of the Tukwila Municipal Code, this Chapter, the adopted Tukwila Comprehensive Plan, and
other applicable ordinances and regulations.
18.58.020 Authority and Application.
The provisions of this Chapter shall apply to the placement, construction or modification of
all wireless communication facilities, except as specifically exempted in TMC Section 18.58.030.
18.58.030 Exemptions.
The provisions of this Chapter shall not apply to the following:
1. Routine maintenance and repair of wireless communication facilities, excluding
structural work or changes in height or dimensions of antennas, towers or buildings; provided that
the wireless communication facility received approval from the City of Tukwila or King County for
the original placement, construction or subsequent modification. Changing of antennas on
wireless communication facilities is permitted, provided the new antennas have the same area or
less of those removed. The total number of antennas must remain the same. Additional ground
equipment may be placed within an approved equipment enclosure, provided the height of the
equipment does not extend above the screening fence.
2. An antenna that is designed to receive or send direct broadcast satellite service
and /or broadband signals, or other means for providing internet service including direct -to -home
satellite services, and that is 1 meter or less in diameter or diagonal measurement, and when the
antenna is attached to the residence or business that is utilizing the service.
3. An antenna that is designed to receive video programming services via multipoint
distribution services, including multichannel multipoint distribution services, instructional
television fixed services, and local multipoint distribution services, and that is 1 meter or less in
diameter or diagonal measurement.
4. An antenna that is designed to receive television broadcast signals.
5. Antennas for the receiving and sending of amateur radio devices or HAM radios,
provided that the antennas meet the height requirements of the applicable zoning district, and are
owned and operated by a Federally licensed amateur radio station operator or are used exclusively
for receive -only antennas. In order to reasonably accommodate licensed amateur radio operators
as required by Federal Code of Regulations, 47 CFR Part 97, as amended, and Order and Opinion
(PRB -1) of the Federal Communication Commission of September 1985, and RCW 35A.21.260, a
licensed amateur radio operator may locate a tower not to exceed the height requirements of the
applicable zoning district, provided the following requirements are met for such towers located in a
residentially-zoned district:
a. The tower and any antennas located thereon shall not have any lights of any
kind on it and shall not be illuminated either directly or indirectly by any artificial means;
b. The color of the tower and any antennas located thereon must all be the
same and such that it blends into the sky, to the extent allowed under requirements set forth by
the Federal Aviation Administration;
c. No advertising logo, trademark, figurine or other similar marking or
lettering shall be placed on the tower or any wireless communication facilities mounted or
otherwise attached thereto or any building used in conjunction therewith;
d. The tower shall be located a distance equal to or greater than its height from
any existing residential structure located on adjacent parcels of property, including any attached
accessory structures;
e. A tower must be at least three-quarters of its height from any property line
on the parcel of property on which it is located, unless a licensed engineer certifies that the tower
will not collapse or that it is designed in such a way that, in the event of collapse, it falls within
itself, and in that event, it must be located at least one -third of its height from any property line;
f. No signs shall be used in conjunction with the tower, except for one sign
not larger than 81/2" high and 11" wide and as required by Federal regulations;
g. Towers shall not be leased or rented to commercial users, and shall not
otherwise be used for commercial purposes; and
wireless ord.doc, 10/11/06 Page 3 of 26
h. All towers must meet all applicable State and Federal statutes, rules and
regulations, including obtaining a building permit from the City, if necessary.
6. Emergency communications equipment during a declared public emergency,
when the equipment is owned and operated by an appropriate public entity.
7. Any wireless Internet facility that is owned and operated by a government entity.
8. Antennas and related equipment no more than 3 feet in height that are being
stored, shipped or displayed for sale.
9. Radar systems for military and civilian communication and navigation.
18.58.040 Permits Required.
A. No person may place, construct or modify a wireless communication facility subject to
this Chapter without first having in place a permit issued in accordance with this Chapter. Except
as otherwise provided herein, the requirements of this Chapter are in addition to the applicable
requirements of TMC Title 18.
B. Any application submitted pursuant to this Chapter shall be reviewed and evaluated by
the Director for all projects located on public or private property. The Director of Public Works or
his /her designee shall review all proposed wireless communication facilities that are totally within
City right-of-way. If a project is both on private or public property and City right -of -way, the DCD
Director shall review the application. Regardless of whether the DCD Director or the Director of
Public Works is reviewing the application, all applications will be reviewed and evaluated pursuant
to the provisions of this Chapter.
C. The applicant is responsible for obtaining all other permits from any other appropriate
governing body (i.e., Washington State Department of Labor and Industries, Federal Aviation
Administration, etc.).
D. This Chapter provides guidelines for the placement and construction of wireless
communication facilities, not exempt as set forth in TMC Section 18.58.030 from its provisions
and modification of wireless communication facilities.
E. No provision of this Chapter shall be interpreted to allow the installation of a wireless
communication facility to reduce the minimum parking or landscaping on a site.
F. Wireless communication facilities that are governed under this Chapter shall not be
eligible for variances under TMC Chapter 18.72. Any request to deviate from this Chapter shall be
based on the exceptions or waivers set forth in this Chapter.
G. Third Party Expert Review Applicants use various methodologies and analyses,
including geographically -based computer software, to determine the specific technical parameters
of the services to be provided utilizing the proposed wireless communication facilities, such as
expected coverage area, antenna configuration, capacity, and topographic constraints that affect
signal paths. In certain instances, a third party expert may be needed to review the engineering
and technical data submitted by an applicant for a permit. The City may at its discretion require an
engineering and technical review as part of a permitting process. The costs of the technical review
shall be borne by the applicant.
H. The selection of the third party expert may be by mutual agreement between the
applicant and the City, or at the discretion of the City, with a provision for the applicant and
beneficially interested parties to comment on the proposed expert and review his /her
qualifications. The third party expert review is intended to address interference and public safety
issues and be a site specific review of engineering and technical aspects of the proposed wireless
communication facilities and /or a review of the applicants' methodology and equipment used, and
is not intended to be a subjective review of the site which was selected by an applicant. Based on
the results of the expert review, the City may require changes to the application. The expert
review shall address the following.
1. The accuracy and completeness of submissions;
2. The applicability of analysis techniques and methodologies;
3. The validity of conclusions reached;
4. The viability of other sites in the City for the use intended by the applicant; and
5. Any specific engineering or technical issues designated by the City.
I. Any decision by the DCD Director, Director of Public Works, or Planning Commission
shall be given substantial deference in any appeal of a decision by the City to either approve,
approve with conditions, or deny any application for a wireless communication facility.
J. No alterations or changes shall be made to plans approved by the Director, Director of
Public Works, or Planning Commission without approval from the City. Minor changes which do
not change the overall project may be approved by the Director as a minor modification.
wireless ord doc, 10/11/06 Page 4 of 26
18.58.050 Types of Permits/Priority /Restrictions.
A. Applications will be reviewed based on the type of wireless communication facilities
requested to be permitted. Each wireless communication facility requires the appropriate type of
project permit review, as shown in Table A:
TABLE A
Type of Permit Required, Based on
Type of Wireless Communication Facility
Zoning'
Type of Facility I Residential I Commercial I Industrial
Transmission tower Type 1 Type 1 Type 1
co- location
Adding antennas to an Type 1 131 Type 1 131 Type la
existing tower
Utility pole co- location Type 2 I Type 2 Type 2
Concealed building attached Type 2 131 Type 2 131 Type 1
Non concealed building Type 2 Type 2 Type 1
attached
New tower or waiver request' Type 4 I Type 4 Type 4
(1) Zoning for any private /public property or right-of-way:
Residential LDR, MDR, or HDR.
Commercial 0, MUO, RCC, NCC, RC, RCM, TUC, C /LI or TI'S;
Industrial LI, HI, MIC /I, or MIC /H.
(2) Provided the height of the tower does not increase and the square footage of the
enclosure area does not increase.
(3) An applicant may request to install a non concealed building attached facility, under
TMC Section 18.58.150.
In the event of uncertainty on the type of a wireless facility, the DCD Director shall
have the authority to determine how a proposed facility is incorporated into Table A.
B. The priorities for the type of wireless communication facility shall be based upon their
placement in Table A; most desirable facilities are located toward the top and least desirable
facilities toward the bottom. Any application for a wireless communication facility must follow the
hierarchy of Table A. For example, an applicant must demonstrate by engineering evidence that
using a transmission tower co- location is not possible before moving to a utility pole co- location,
and so forth, with the last possible siting option being a new tower or waiver request.
C. The City's preferences for locating new wireless communications facilities are as
follows:
1. Place antennas on existing structures, such as buildings, towers, water towers, or
electrical transmission towers.
2. Place wireless communication facilities in nonresidentially -zoned districts and
nonresidential property.
3. Place antennas and towers on public property and on appropriate rights-of-way if
practical, provided that no obligation is created herein for the City to allow the use of City property
or public right -of -way for this purpose.
4. City Property/Public Rights -of -Way. The placement of personal wireless
communication facilities on City-owned property and public rights -of -way will be subject to other
applicable sections of the Tukwila Municipal Code and review by other departments (i.e., Public
Works, Parks and Recreation, etc.).
5. Wireless communication facilities shall not be permitted on property designated
as landmark or as part of a historic district.
D. Applicants shall submit all of the information required pursuant to TMC 18.104.060
and the following:
wireless ord.doc, 10/11/06 Page Sof26
1. Type 1 Applicant shall submit:
a. A completed application form provided by the Department of Community
Development;
b. Four sets of plans prepared by a design professional. The plans shall include
a vicinity map, site map, architectural elevations, method of attachment, proposed screening,
location of proposed antennas, and all other information which accurately depicts the proposed
project. Minimum size is 8.5" by 11". Plans shall be no greater than 24" x 36
c. A letter from the applicant outlining the proposed project and an evaluation
from the applicant with regard to the City's Code requirements;
d. Sensitive Area studies and proposed mitigation (if required);
e. If an outdoor generator is proposed, a report prepared by an acoustical
engineer demonstrating compliance with TMC Chapter 8.22, "Noise and
f. SEPA Application (if required).
2. Type 2 Applicant shall submit all information required for a Type 1 application,
plus the following:
a. Four sets of photo simulations that depict the existing and proposed view of
the proposed facility;
b. Materials board for the screening material;
c. Landscaping plan;
d. Letter from a radio frequency engineer that demonstrates that the facility
meets Federal requirements for allowed emissions;
e. If the facility is located within a residential zone, a report from a radio
frequency engineer explaining the need for the proposed wireless communication facility.
Additionally, the applicant shall provide detailed discussion on why the wireless communication
facility cannot be located within a commercial or industrial zone; and
f. If landscaping is proposed, four sets of a landscaping plan prepared by a
Washington State licensed architect.
3. Type 4 The applicant shall submit all the information required for Type 1 and
Type 2 applications, plus the following:
a. All information required for new towers under TMC Section 18.58.070;
b. The radio frequency engineer report shall include a discussion of the
information required under TMC Section 18.58.070. The report shall also explain why a tower
must be used instead of any of the other location options outlined in Table 1;
c. Provisions for mailing labels for all property owners and tenants /residents
within 500 feet of the subject property;
d. Engineering Plans for the proposed tower;
e. A vicinity map depicting the proposed extent of the service area;
f. A graphic simulation showing the appearance of the proposed tower and
ancillary structures and ancillary facilities from five points within the impacted vicinity. Such
points are to be mutually agreed upon by the Director of DCD and applicant. All plans and photo
simulations shall include the max imum build -out of the proposed facility;
g. Evidence of compliance with minimum Federal Communications
Commission (FCC) requirements for radio frequency emissions;
h. Evidence of compliance with Federal Aviation Administration (FAA)
standards for height and lighting and certificates of compliance from all affected agencies; and
i. Evidence that the tower has been designed to meet the minimum structural
standards for wireless communication facilities for a minimum of three providers of voice, video or
data transmission services, including the applicant, and including a description of the number and
types of antennas the tower can accommodate.
18.58.060 New Towers.
A. New towers are not permitted within the City unless. the Planning Commission finds
that the applicant has demonstrated by a preponderance of the evidence that:
1. Coverage objective There exists an actual (not theoretical) significant gap in
service, and the proposed wireless communication facility will eliminate such significant gap in
service; and
wireless ord doc, 10/11/06 Page 6 of 26
2. Alternates No existing tower or structure, or other feasible site or other
alternative technologies not requiring a new tower in the City, can accommodate the applicant's
proposed wireless communication facility; and
3. Least intrusive: The proposed new wireless communication facility is designed
and located to remove the significant gap in service in a manner that is, in consideration of the
values, objectives and regulations set forth in this chapter, TMC Title 18, and the Comprehensive
Land Use Plan, the least intrusive upon the surrounding area.
B. The Planning Commission shall be the reviewing body on the application to construct a
new tower, and shall determine whether or not each of the above requirements are met.
Examples of evidence demonstrating the foregoing requirements include, but are not limited to,
the following:
1. That the tower height is the minimum necessary in order to achieve the coverage
objective;
2. That no existing towers or structures or alternative sites are located within the
geographic area required to meet the applicant's engineering requirements to meet its coverage
objective (regardless of the geographical boundaries of the City);
3. That existing towers or structures are not of a sufficient height or could not
feasibly be extended to a sufficient height to meet the applicant's engineering requirements to meet
its coverage objective;
4. That existing structures or towers do not have sufficient structural strength to
support the applicant's proposed antenna and ancillary facilities;
5. That the applicant's proposed antenna would cause electromagnetic interference
with the antenna on the existing towers or structures, or the antenna on the existing structures
would cause interference with the applicant's proposed antenna;
6. That the fees, costs or contractual provisions required by the owner or operator in
order to share an existing tower or structure, or to locate at an alternative site, or to adapt an
existing tower or structure or alternative site for sharing, are unreasonable. Costs exceeding new
tower construction by 25% are presumed to be unreasonable;
7. That an alternative technology that does not require the use of a new tower, such
as a cable microcell network using multiple low-powered transmitters /receivers attached to a
wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna
development shall not be presumed to render the technology unsuitable; and
8. The applicant demonstrates other limiting factors that render existing towers and
structures or other sites or alternative technologies unsuitable.
All engineering and technological evidence must be provided and certified by a
registered and qualified professional engineer and clearly demonstrate the evidence required.
C. The Planning Commission, after holding a public hearing, shall either approve, approve
with conditions, or deny the application, or remand the application back to staff for further
investigation in a manner consistent with the Planning Commission order.
18.58.070 General Requirements.
The following shall apply to all wireless communication facilities regardless of the type of
facility:
1. Noise Any facility that requires a generator or other device which will create
noise must demonstrate compliance with TMC Chapter 8.22, "Noise A noise report, prepared
by an acoustical engineer, shall be submitted with any application to construct and operate a
wireless communication facility that will have a generator or similar device. The City may require
that the report be reviewed by a third party expert at the expense of the applicant.
2. Business license requirement Any person, corporation or entity that operates a
wireless communication facility within the City shall have a valid business license issued annually
by the City. Any person, corporation or other business entity which owns a tower also is required
to obtain a business license on an annual basis.
3. Signage Only safety signs or those mandated by other government entities may
be located on wireless communication facilities. No other types of signs are permitted on wireless
communication facilities.
4. Parking Any application must demonstrate that there is sufficient space for
temporary parking for regular maintenance of the proposed facility.
5. Finish— A tower shall either maintain a galvanized steel finish or, subject to any
applicable standards of the FAA or FCC, be painted a neutral color so as to reduce its visual
obtrusiveness.
wireless ord.doc, 10/11 /06 Page 7of26
6. Design The design of all buildings and ancillary structures shall use materials,
colors, textures, screening and landscaping that will blend the tower facilities with the natural
setting and built environment.
7. Color All antennas and ancillary facilities located on buildings or structures
other than towers shall be of a neutral color that is identical to or closely compatible with the color
of the supporting structure so as to make the antenna and ancillary facilities as visually unobtrusive
as possible.
8. Lighting— Towers shall not be artificially lighted unless required by the FAA, FCC
or other applicable authority. If lighting is required, the reviewing authority shall review the
lighting alternatives and approve the design that would cause the least disturbance to the
surrounding areas. No strobe lighting of any type is permitted on any tower.
9. Advertising— No advertising is permitted at wireless communication facility sites
or on any ancillary structure or facilities equipment compound.
10. Equipment Enclosure— Each applicant shall be limited to an equipment enclosure
of 360 square feet at each site. However, this restriction shall not apply to enclosures located
within an existing commercial, industrial, residential or institutional building.
18.58.080 Electrical Transmission Tower Co- Location Specific Development Standards.
The following requirements shall apply:
1. Height There is no height requirement for antennas that are located on
electrical transmission towers.
2. Antenna aesthetics— There are no restrictions on the type of antennas located on
the electrical transmission tower. The antennas must be painted to match the color of the
electrical transmission tower.
3. Antenna intensity There is no limit on the number of antennas that may be
located on an electrical transmission tower structure.
4. Feed lines and coaxial cables shall be attached to one of the legs of the
electrical transmission tower. The feed lines and cables must be painted to match the color of the
electrical transmission tower.
5. Cabinet equipment Cabinet equipment shall be located directly under the
electrical transmission tower where the antennas are located or a concealed location. The wireless
communication equipment compound shall be fenced; the fence shall have a minimum height of 6
feet and a maximum height of 8 feet. The fence shall include slats, wood panels, or other materials
to screen the equipment from view. Barbed wire may be used in a utility right -of -way that is not
zoned residential.
6. Setbacks Since the facility will be located on an existing electrical transmission
tower, setbacks shall not apply.
18.58.090 Adding Antennas to Existing WCF Tower Specific Development Standards.
The following requirements shall apply:
1. Height The height must not exceed what was approved under the original
application to construct the tower. If the height shall exceed what was originally approved,
approval as a Type 2 decision is required for any height which will be less than the maximum
height of the zone.
2. Antenna aesthetics Antennas shall be painted to match the color scheme of the
tower.
3. Antenna intensity There is no limit on the number of antennas that may be
located on an existing tower.
4. Feed lines and coaxial cables Feed lines and coaxial cables shall be located
within the tower. Any exposed feed lines or coaxial cables (such as when extended out of the
tower to connect to the antennas) must be painted to match the tower.
5. Cabinet equipment A new cabinet shall be located within the equipment
enclosure that was approved as part of the original application. If the applicant wishes to expand
the equipment enclosure from what was approved by the City or County under the previous
application, the applicant shall seek a wireless communication facility (Type 2) application for only
the equipment enclosure increase.
6. Setbacks Setbacks shall not apply when an applicant installs new antennas on
an existing tower and uses an existing equipment enclosure. If the equipment enclosure is
increased, it must meet setbacks.
wireless ord. doc, 10/12/06 Page 8 of 26
18.58.100 Concealed Building Mounted Development Requirements.
The following requirements shall apply:
1. Height The proposed facility must meet the height requirement of the
applicable zoning category. The antennas can qualify under TMC Section 18.50.080, "Rooftop
Appurtenances if the antennas are located in a church spire, chimney or fake chimney, elevator
tower, mechanical equipment room, or other similar rooftop appurtenances usually required to be
placed on a roof and not intended for human occupancy. Stand -alone antennas shall not qualify as
rooftop appurtenances.
2. Antennas aesthetics The antennas must be concealed from view by blending
with the architectural style of the building. This could include steeple -like structures and parapet
walls. The screening must be made out of the same material and be the same color as the
building. Antennas shall be painted to match the color scheme of the building(s).
3. Feed lines and coaxial cables— Feed lines and cables should be located below the
parapet of the rooftop.
4. Cabinet equipment If cabinet equipment cannot be located within the building
where the wireless communication facilities will be located, then the City's first preference is to
locate the equipment on the rooftop of the building. If the equipment can be screened by placing
the equipment below the parapet walls, no additional screening is required. If screening is
required, then the proposed screening must be consistent with the existing building in terms of
color, style, architectural style and material. If the cabinet equipment is to be located on the
ground, the equipment must be fenced with a 6 -foot -tall fence, and materials shall be used to
screen the equipment from view. Barbed wire may be used in the TVS, LI, HI, MIC /L, and
MIC /H zones.
5. Setbacks The proposed wireless communication facilities facility must meet the
setback of the applicable zoning category where the facility is to be located.
18.58.110 Non concealed Building Mounted Development Requirements.
The following requirements shall apply:
1. Height The proposed facility must meet the height requirements of the
applicable zoning category. If the building where the facility is located is at or above the maximum
height requirements, the antennas are permitted to extend a maximum of 3 feet above the existing
roof line. Non concealed building mounted facilities shall not qualify as "Rooftop Appurtenances"
under TMC 18.50.080.
2. Antenna aesthetics The first preference for any proposed facility is to utilize
flush mounted antennas. Nonflush- mounted antennas may be used when their visual impact will
be negated by the scale of the antennas to the building. "Shrouds" are not required unless they
provide a better visual appearance than exposed antennas. Antennas shall be painted to match the
color scheme of the building(s).
3. Feed lines and coaxial cables Feed lines and cables should be located below the
parapet of the rooftop. If the feed lines and cables must be visible, they must be painted to match
the color scheme of the building(s).
4. Cabinet equipment If cabinet equipment cannot be located within the building
where the wireless communication facilities will be located, then it must be located on the rooftop
of the building. If the equipment can be screened by placing the equipment below the parapet
walls, no additional screening is required. If screening is required, then the proposed screening
must be consistent with the existing building in terms of color, style, architectural style and
material. If the cabinet equipment is to be located on the ground, the equipment must be fenced
with a 6- foot -tall fence and materials shall be used to screen the equipment from view. Barbed
wire may be used in the TVS, LI, HI, MIC /L, and MIC /H zones.
18.58.120 Utility Pole Co location.
The following requirements shall apply:
1. Height The height of a utility pole co- location is limited to10 feet above the
replaced utility pole, and may be not greater than 50 feet in height in residential zones. Within all
other zones, the height of the utility pole is limited to 50 feet or the minimum height standards of
the underlying zoning, whichever is greater.
2. Replacement pole The replaced utility pole must be used by the owner of the
utility pole to support its utility lines (phone lines or electric). A replaced utility pole cannot be
used to provide secondary functions to utility poles in the area.
3. Pole aesthetics The replaced utility pole must have the color and general
appearance of the adjacent utility poles.
wireless ord. doc, 10/11/06 Page 9 of 26
4. Coaxial cables Coax cables limited to 'h" in diameter may be attached directly
to a utility pole. Coax cables greater than /z" must be placed within the utility pole. The size of
the cables is the total size of all coax cables being utilized on the utility pole.
5. Pedestrian impact The proposal shall not result in a significant change in the
pedestrian environment or preclude the City from making pedestrian improvements. If a utility
pole is being replaced, consideration must be made to improve the pedestrian environment if
necessary.
6. Cabinet equipment Unless approved by the Director of Public Works, all
cabinet equipment and the equipment enclosure must be placed outside of City right -of -way. If
located on a parcel that contains a building, the equipment enclosure must be located next to the
building. The cabinet equipment must be screened from view. The screening must be consistent
with the existing building in terms of color, style, architectural style and material. If the cabinet
equipment is to be located on the ground, the equipment must be fenced with a 6- foot -tall fence
and materials shall be used to screen the equipment from view. Barbed wire may be used in the
TVS, LI, HI, MIC /L, and MIC /H zones.
7. Setbacks Any portion of the wireless communication facilities located within
City right -of -way is not required to meet setbacks. The City will evaluate setbacks on private
property under the setback requirements set forth in TMC Section 18.58.170.
18.58.130 Towers Specific Development Standards.
The following requirements shall apply:
1. Height Any proposed tower with antennas shall meet the height standards of
the zoning district where the tower will be located.
2. Antenna and tower aesthetics The applicant shall utilize a wireless
communication concealed facility. The choice of concealing the wireless communication facility
must be consistent with the overall use of the site. For example, having a tower appear like a
flagpole would not be consistent if there are no buildings on the site. If a flag or other wind device
is attached to the pole, it must be appropriate in scale to the size and diameter of the tower.
3. Setbacks The proposed wireless communication facilities must meet the
setbacks of the underlying- zoning district. If an exception is granted under TMC Section
18.58.180 with regards to height, the setback of the proposed wireless communication facilities
will increase 2 feet for every foot in excess of the maximum permitted height in the zoning district.
4. Color The color of the tower shall be based on the surrounding land uses.
5. Feed lines and coaxial cables All feed lines and cables must be located within
the tower. Feed lines and cables connecting the tower to the equipment enclosure, which are not
located within the wireless communication facility equipment compound, must be located
underground.
18.58.140 Request to Use Non concealed Building Attached in Lieu of a Concealed
Building Attached.
The use of concealed building facilities shall have first priority in all residential and
commercial zones. However, an applicant may request to construct a non concealed building
attached wireless communication facility in lieu of a concealed wireless communication facility.
The following criteria shall be used:
1. Due to the size of the building and the proposed location of the antennas, the
visual impact of the exposed antennas will be minimal in relation to the building.
2. Cables are concealed from view and any visible cables are reduced in visibility by
sheathing or painting to match the building where they are located.
3. Cabinet equipment is adequately screened from view.
4. Due to the style or design of the building, the use of a concealed facility would
reduce the visual appearance of the building.
5. The building where the antennas are located is at least 200 feet from the
Duwamish/Green River.
18.58.150 Landscaping/Screening.
A. The visual impacts of wireless communication facilities may be mitigated and softened
through landscaping or other screening materials at the base of the tower, facility equipment
compound, equipment enclosures and ancillary structures, with the exception of wireless
communication facilities located on transmission towers, or if the antenna is mounted flush on an
existing building, or camouflaged as part of the building and other equipment is housed inside an
existing structure. The Director, Director of Public Works or Planning Commission, as
appropriate, may reduce or waive the standards for those sides of the wireless communication
facility that are not in public view, when a combination of existing vegetation, topography, walls,
wireless ord doc, 10/12/06 Page 10 of 26
decorative fences or other features achieve the same degree of screening as the required
landscaping; in locations where the visual impact of the tower would be minimal; and in those
locations where large wooded lots and natural growth around the property perimeter may be
sufficient buffer.
B. Landscaping shall be installed on the outside of fences. Existing vegetation shall be
preserved to the maximum extent practicable and may be used as a substitute for or as a
supplement to landscaping or screening requirements. The following requirements apply:
1. Screening landscaping shall be placed around the perimeter of the equipment
cabinet enclosure, except that a maximum 10 -foot portion of the fence may remain without
landscaping in order to provide access to the enclosure.
2. The landscaping area shall be a minimum of 5 feet in width around the perimeter
of the enclosure.
3. The applicant shall utilize evergreens that shall be a minimum of 6 feet tall at the
time of planting.
4. Applicant shall utilize irrigation or an approved maintenance schedule that will
insure that the plantings are established after two years from the date of planting.
C. The applicant shall replace any unhealthy or dead plant materials in conformance with
the approved landscaping development proposal, and shall maintain all landscape materials for the
life of the facility. In the event that landscaping is not maintained at the required level, the
Director, after giving 30 days advance written notice, may maintain or establish the landscaping at
the expense of the owner or operator and bill the owner or operator for such costs until such costs
are paid in full.
18.58.160 Zoning Setback Exceptions.
A. Generally, wireless communication facilities placed on private property must meet
setbacks of the underlying zoning. However, in some circumstances, allowing modifications to
setbacks may better achieve the goal of this Chapter of concealing such facilities from view.
B. The Director or Planning Commission, depending on the type of application, may
permit modifications to be made to setbacks when:
1. An applicant for a wireless communication facility can demonstrate that placing
the facility on certain portions of a property will provide better screening and aesthetic
considerations than provided under the existing setback requirements; or
2. The modification will aid in retaining open space and trees on the site; or
3. The proposed location allows for the wireless communication facility to be located
a greater distance from residentially -zoned (LDR, MDR, and HDR) properties.
C. This zoning setback modification cannot be used to waive /modify any required setback
required under the State Building Code or Fire Code.
18.58.170 Height Waivers.
Where the Planning Commission finds that extraordinary hardships, practical
difficulties, or unnecessary and unreasonable expense would result from strict compliance with the
height limitations of the Zoning Code, or the purpose of these regulations may be served to a
greater extent by an alternative proposal, it may approve a height waiver to these regulations;
provided that the applicant demonstrates that the waiver(s) will substantially secure the values,
objectives, standards, and requirements of this Chapter, TMC Title 18, and the Comprehensive
Land Use Plan, and demonstrate the following:
1. The granting of the height waiver will not be detrimental to the public safety,
health or welfare, or injurious to other property, and will promote the public interest; and
2. A particular and identifiable hardship exists or a specific circumstance warrants
the granting of a waiver. Factors to be considered in determining the existence of a hardship shall
include, but not be limited to:
a. Topography and other site features;
b. Availability of alternative site locations;
c. Geographic location of property; and
d. Size /magnitude of project being evaluated and availability of co- location.
B. In approving the waiver request, the Planning Commission may impose such conditions
as it deems appropriate to substantially secure the objectives of the values, objectives, standards
and requirements of this Chapter, TMC Title 18, and the Comprehensive Land Use Plan.
wireless ord doc, 10/11/06 Page 11 of 26
C. A petition for any such waiver shall be submitted, in writing, by the applicant with the
application for Planning Commission review. The petition shall state fully the grounds for the
waiver and all of the facts relied upon by the applicant.
18.58.180 Expiration.
Any application to install or operate a wireless communications facility shall expire
exactly one year from the date of issuance of the application unless significant progress has been
made to construct the facility. The City may extend the expiration period by up to one additional
year due to circumstances outside of the control of the applicant. However, the City shall not issue
an extension if any revisions have occurred to the City's Zoning Code which would affect the
wireless communication facility approved application.
18.58.190 Removal of Abandoned Wireless Communication Facilities.
Any antenna or tower that, after the initial operation of the facility, is not used for the
purpose for which it was intended at the time of filing of the application for a continuous period of
12 months shall be considered abandoned, and the owner of such antenna or tower shall remove
same within 90 days of receipt of notice from the City notifying the owner of such abandonment.
Failure to remove such abandoned tower shall result in declaring the antenna and /or tower a
public nuisance. If there are two or more users of a single tower, then this section shall not
become effective until all users cease using the tower.
Section 2. Ordinance 1758, as codified at Chapter 18.06 of the Tukwila Municipal Code, is
hereby amended to add the following definitions:
"Ancillary Wireless Communication Facilities" means any facilities, component, part,
equipment, mounting hardware, feed lines, or appurtenance associated with, attached to, or a part
of a tower, antenna, ancillary structures, or equipment enclosures, facilities equipment compound,
and located within, above, or below the facilities equipment compound.
"Ancillary Wireless Communication Facility" means any form of development associated
with a wireless communications facility, including but not limited to foundations, concrete slabs on
grade, guy anchors, and transmission cable supports; however, specifically excluding equipment
enclosures.
"Antenna(s)" means any exterior system of electromagnetically -tuned wires, poles, rods,
reflecting disks, or similar devices used to transmit or receive electromagnetic waves, digital
signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications
signals, or other communication signals between terrestrial and /or orbital based points, including
without limitation: directional antennas (also known as "panel" antennas) which transmit and
receive radio frequency signals in a specific directional pattern of less than 360 degrees; omni-
directional antennas (also known as "whip" antennas) which transmit and receive radio frequency
signals in a 360 degree radial pattern, but do not include antennas utilized specifically for television
reception; and parabolic antennas (also known as "dish" antennas) which are bowl shaped devices
for the reception and /or transmission of radio frequency communication signals in a specific
directional pattern.
"Antenna(s) Array" means one or more antennas and their associated ancillary facilities,
which share a common attachment device, such as a mounting frame or mounting support.
"Antennas, Flush Mounted" are antennas or antenna array attached directly to the face of
the tower or building such that no portion of the antenna extends above the height of the tower or
building.
"Public Entity" mean any Federal, State, or local government body or agency.
"Public Right-of-Way" means all public streets, alleys and property granted, reserved for, or
dedicated to public use for streets and alleys, together with all public property granted, reserved
for, or dedicated to public use, including but not limited to walkways, sidewalks, trails, shoulders,
drainage facilities, bikeways and horse trails, whether improved or unimproved, including the air
rights, subsurface rights, and easements related thereto.
"Public Safety Communications Equipment" means any radio or other communication
equipment that is owned and exclusively used by public entities for emergency communication or
communication between fire, police, and other rescue personal.
"Significant Gap in Service, Wireless Communications" means a large geographic area
within a service area(s) of the applicant in which a large number of applicant's remote user
subscribers are unable to connect or maintain a connection to the national telephone network
through applicant's wireless telecommunications 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 service.
"Tower, Electrical Transmission" means any facility owned by Seattle City Light or Puget
Sound Energy or any other electric utility that supports electrical lines which carry a voltage of at
least 115kV.
wireless ord.doc, 10/11/06 Page 12 of 26
"Tower, Guy "means a tower that is supported with cable and ground anchors to secure and
steady the tower.
"Tower, Lattice" means a tapered style of tower that consists of vertical and horizontal
supports with multiple legs and cross bracing and metal crossed strips or bars to support antennas
or similar antenna devices.
"Tower, Monopole" means a freestanding tower that is composed of a single shaft, usually
composed of two or more hollow sections that are in turn attached to a foundation. This type of
tower is designed to support itself without the use of guy wires or other stabilization devices.
These facilities are mounted to a foundation that rests on or in the ground.
"Tower, Wireless Communication Facility" means any structure that is designed and
constructed primarily for the purpose of supporting one or more antennas, including self supporting
lattice towers, guy towers or monopoles. The term includes, without limitation, radio and
television transmission towers, microwave towers, common carrier towers, cellular telephone
towers, and alternative tower structures.
"Tower Mounted Facilities" means a wireless communication facility that is mounted to a
tower.
"Utility Pole "is any facility owned by Seattle City Light or Puget Sound Energy or any other
electric utility that supports electrical lines which carry a voltage of less than 115kV, or any Qwest
facility which carries telephone lines.
"Wireless Communication Facility" means any tower, antenna, ancillary structure or facility,
or related equipment or component thereof, which is used for the transmission of radio frequency
signals through electromagnetic energy for the purpose of providing phone, Internet, video,
information services, specialized mobile radio, enhanced specialized mobile radio, paging, wireless
digital data transmission, broadband, unlicensed spectrum services utilizing part 15 devices, and
other similar services that currently exist or that may in the future be developed.
"Wireless Communication Facility, Building Mounted" means a wireless communication
facility that is attached to an existing commercial, industrial, residential, or institutional building.
"Wireless Communication Facility, Concealed Facility" means a wireless communication
facility that is not readily identifiable as such, and is designed to be aesthetically and architecturally
compatible with the existing building(s) on a site; or a wireless communications facility disguised,
hidden or integrated with an existing structure that is not a monopole or tower; or a wireless
communication facility that is placed within an existing or proposed structure or tower or mounted
within trees, so as to be significantly screened from view or camouflaged to appear as a non
antenna structure or tower (i.e., tree, flagpole with flag, church steeple, etc.).
"Wireless Communication Facility Equipment Enclosure" means any structure, including
without limitation cabinets, shelters, pedestals and other devices or structures, that is used
exclusively to contain radio or other equipment necessary for the transmission and /or reception of
wireless communication signals including, without limitation, air conditioning units and
generators.
"Wireless Communication Facility Equipment Compound" means an outdoor fenced area
occupied by all the towers, antennas, ancillary structure(s), ancillary facilities and equipment
enclosures, but excluding parking and access ways.
"Wireless Telecommunication Carrier "means any person or entity that directly or indirectly
owns, controls, operates or manages any plant, equipment, structures or property within the City
for the purpose of offering wireless telecommunication service within the City.
"Wireless Communication Facility, Feed Lines or Coaxial Cables" means cables used as the
interconnection media between the transmission/receiving base station and the antenna.
Section 3. Ordinance Nos. 1758 §1(part) and 1976 §19, as codified at TMC Chapter
18.10, "Low Density Residential District", are hereby amended to remove cellular towers as a
conditional use:
18.10.040 Conditional Uses
The following uses may be allowed within the Low Density Residential District, subject
to the requirements, procedures and conditions established by the Conditional Use Permits chapter
of this title.
1. Bed and breakfast facilities, provided:
a. the manager /owner must live on -site,
b. the maximum number of residents, either permanent or temporary, at any
one time is twelve,
c. two on -site parking spaces for the owner and permanent residents and one
additional on -site parking space is provided for each bedroom rented to customers,
wireless ord.doc, 10/11/06 Page 13 of 26
d. the maximum length of continuous stay by a guest is 14 days,
e. breakfast must be offered on -site to customers, and
f. all necessary permits or approvals are obtained from the Health Department.
2. Cemeteries and crematories.
3. Churches and community center buildings.
4. Dormitories
5. Electrical substations distribution.
6. Fire and police stations.
7. Libraries, museums or art galleries (public).
8. Radio, television, microwave, or observation stations and towers.
9. Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
10. Schools, preschool, elementary, junior and senior high schools (public), and
equivalent private schools.
Section 4. Ordinance Nos. 1758 §1(part) and 1976 §22, as codified at TMC Chapter
18.12, "Medium Density Residential District are hereby amended to remove cellular towers as a
conditional use:
18.12.040 Conditional Uses
The following uses may be allowed within the Medium Density Residential District,
subject to the requirements, procedures, and conditions established by the Conditional Use Permits
chapter of this title.
1. Bed and breakfast facilities, provided:
a. the manager /owner must live on -site,
b. the maximum number of residents, either permanent or temporary, at any
one time is twelve,
c. two on -site parking spaces for the owner and permanent residents and one
additional on -site parking space is provided for each bedroom rented to customers,
d. the maximum length of continuous stay by a guest is 14 days,
e. breakfast must be offered on -site to customers, and
f. all necessary permits or approvals are obtained from the Health Department.
2. Boarding houses.
3. Cemeteries and crematories.
4. Churches and community center buildings.
5. Convalescent and nursing homes for not over 12 patients.
6. Dormitories.
7. Manufactured /mobile home park, meeting the following requirements:
a. the development site shall comprise not less than two contiguous acres;
b. overall development density shall not exceed eight dwelling units per acre;
c. vehicular access to individual dwelling units shall be from the interior of the
park; and
d. emergency access shall be subject to the approval of the Tukwila Fire
Department.
8. Electrical substations distribution.
9. Fire and police stations.
10. Libraries, museums or art galleries (public).
11. Radio, television, microwave, or observation stations and towers.
12. Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
13. Schools, preschool, elementary, junior, or senior high schools (public), and
equivalent private schools.
wireless ord.doc, 10/11/06 Page 14 of 26
Section 5. Ordinance Nos. 1758 §1(pan) and 1976 §26, as codified at TMC Chapter
18.14, "High Density Residential District are hereby amended to remove cellular towers as a
conditional use:
18.14.040 Conditional Uses
The following uses may be allowed within the High- Density Residential District, subject
to the requirements, procedures, and conditions established by the Conditional Use Permits
chapter of this title.
1. Bed and breakfast facilities, provided:
a. the manager /owner must live on -site,
b. the maximum number of residents, either permanent or temporary, at any
one time is twelve,
c. two on -site parking spaces for the owner and permanent residents and one
additional on -site parking space is provided for each bedroom rented to customers,
d. the maximum length of continuous stay by a guest is 14 days,
e. breakfast must be offered on -site to customers, and
f. all necessary permits or approvals are obtained from the Health Department.
2. Boarding houses.
3. Cemeteries and crematories.
4. Churches and community center buildings.
5. Dormitories.
6. Electrical substations distribution.
7. Fire and police stations.
8. Radio, television, microwave, or observation stations and towers.
9. Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
10. Schools, preschool, elementary, junior, or senior high schools (public), and
equivalent private schools.
Section 6. Ordinance Nos. 1758 §1(part), 1830 §6, and 1865 §16, as codified at TMC
Chapter 18.16, "Mixed Use Office District are hereby amended to remove cellular towers as a
conditional use:
18.16.040 Conditional Uses
The following uses may be allowed within the Mixed -Use Office District, subject to the
requirements, procedures, and conditions established by TMC Chapter 18.64, Conditional Use
Permits.
1. Bed and Breakfast lodging.
2. Cemeteries and crematories.
3. Churches and community center buildings.
4. Colleges and universities.
5. Convalescent and nursing homes for more than 12 patients.
6. Electrical substation distribution.
7. Fire and police stations.
8. Hospitals, sanitariums, or similar institutions.
9. Park -and -ride lots.
10. Radio, television, microwave, or observation stations and towers.
11. Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
12. Schools, preschool, elementary, junior, or senior high schools (public), and
equivalent private schools.
Section 7. Ordinance Nos. 1758 §1(part), 1830 §9, 1865 §19, and 1976 §33, as codified
at TMC Chapter 18.18, "Office District are hereby amended to remove cellular towers as a
conditional use:
wireless ord doc, 10/11/06 Page 15 of 26
18.18.040 Conditional Uses
The following uses may be allowed within the Office District, subject to the
requirements, procedures, and conditions established by TMC 18.18.64, Conditional Use Permits.
1. Cemeteries and crematories.
2. Churches and community center buildings.
3. Colleges and universities.
4. Convalescent and nursing homes for more than 12 patients.
5. Electrical substations distribution.
6. Fire and police stations.
7. Hospitals, sanitariums, or similar institutions.
8. Park and -ride lots.
9. Radio, television, microwave, or observation stations and towers.
10. Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
11. Schools, preschool, elementary, junior, or senior high schools (public), and
equivalent private schools.
Section 8. Ordinance Nos. 1758 §1(part), 1814 §3, and 1976 §38, as codified at TMC
Chapter 18.20, "Residential Commercial Center District are hereby amended to remove cellular
towers as a conditional use:
18.20.040 Conditional Uses
The following uses may be allowed within the Residential Commercial Center District,
subject to the requirements, procedures, and conditions established by the Conditional Use Permits
chapter of this title.
1. Brew pubs.
2. Churches and community center buildings.
3. Convalescent and nursing homes for not more than 12 patients.
4. Fire and police stations.
5. Fraternal organizations.
6. Libraries, museums or art galleries (public).
7. Radio, television, microwave, or observation stations and towers.
8. Recreation facilities (public) including, but not limited to, sports fields,
community centers, urses.
9. Restaurants, including cocktail lounges in conjunction with a restaurant.
10. Schools, preschool, elementary, junior, or senior high schools (public), and
equivalent private schools.
Section 9. Ordinance Nos. 1758 §1(part), 1830 §12, and 1865 §23, as codified at TMC
Chapter 18.22, "Neighborhood Commercial Center District are hereby amended to remove
cellular towers as a conditional use:
18.22.040 Conditional Uses
The following uses may be allowed within the Neighborhood Commercial Center
District, subject to the requirements, procedures, and conditions established by TMC Chapter
18.64, Conditional Use Permits.
1. Churches and community center buildings.
2. Colleges and universities.
3. Convalescent and nursing homes for more than 12 patients.
4. Electrical substations distribution.
5. Fire and police stations.
6. Park- and -ride lots.
7. Radio, television, microwave, or observation stations and towers.
8. Recreation facilities (commercial indoor), including bowling alleys, skating rinks,
shooting ranges.
wireless ord. doc 10/11/06 Page 16 of 26
9. Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
10. Schools, preschool, elementary, junior, or senior high schools (public), and
equivalent private schools.
Section 10. Ordinance Nos. 1758 §1(part), 1830 §15, 1865 §28, and 1974 §3, as codified
at TMC Chapter 18.24, "Regional Commercial District are hereby amended to remove cellular
towers as a conditional use:
18.24.040 Conditional Uses
The following uses may be allowed within the Regional Commercial District, subject to
the requirements, procedures, and conditions established by TMC Chapter 18.64, Conditional Use
Permits.
1. Amusement parks.
2. Animals shelters and kennels, subject to all additional State and local regulations
(less than 4 cats or dogs does not need a permit).
3. Cemeteries and crematories.
4. Churches and community center buildings.
5. Colleges and universities.
6. Convalescent and nursing homes for more than 12 patients.
7. Drive -in theaters.
8. Electrical substations distribution.
9. Fire and police stations.
10. Hospitals, sanitariums, or similar institutions.
11. Internet data/telecommunication centers.
12. Manufacturing, processing and /or assembling previously prepared metals
including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving,
galvanizing and hand forging.
13. Park- and -ride lots.
14. Pawnbrokers.
15. Radio, television, microwave, or observation stations and towers.
16. Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
17. Schools, preschool, elementary, junior or senior high schools (public), and
equivalent private schools.
Section 11. Ordinance Nos. 1758 §1(part), 1830 §18, 1865 §32, and 1974 §4, as codified
at TMC Chapter 18.26, "Regional Commercial Mixed -Use District are hereby amended to
remove cellular towers as a conditional use:
18.26.040 Conditional Uses
The following uses may be allowed within the Regional Commercial Mixed -Use
District, subject to the requirements, procedures, and conditions established by the Conditional
Use Permits chapter of this title.
1. Amusement parks.
2. Animals shelters and kennels, subject to all additional State and local regulations
(less than 4 cats or dogs does not need a permit).
3. Cemeteries and crematories.
4. Churches and community center buildings.
5. Colleges and universities.
6. Convalescent and nursing homes for more than twelve patients.
7. Drive -in theaters.
8. Electrical substations distribution.
9. Fire and police stations.
10. Hospitals, sanitariums or similar institutions.
wireless ord doc, 10/11/06 Page 17 of 26
11. Manufacturing, processing and /or assembling previously prepared metals
including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving,
galvanizing and hand forging.
12. Park- and -ride lots.
13. Pawnbrokers.
14. Radios, television, microwave, or observation stations and towers.
15. Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
16. Schools, preschool, elementary, junior or senior high schools (public), and
equivalent private schools.
Section 12. Ordinance Nos. 2084 §2(part) and 2097 §15, as codified at TMC Chapter
18.28, "Tukwila Urban Center District are hereby amended to remove cellular towers as a
conditional use:
18.28.040 Conditional Uses
The following uses may be allowed within the Tukwila Urban Center District, subject
to the requirements, procedures, and conditions established by the Conditional Use Permits
chapter of this title.
1. Amusement parks.
2. Bed and Breakfast lodging; must be located on property adjacent to and not
greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond.
3. Cemeteries and crematories.
4. Churches and community center buildings.
5. Colleges and universities.
6. Convalescent and nursing homes for more than 12 patients.
7. Dwelling Multi- family units (max. 22.0 units /acre except senior citizen housing
which is allowed to 100 units /acre, as a mixed -use development that is non industrial in nature);
must be located on property adjacent to and not greater than 500 feet from the Green River,
Tukwila Pond, or Minkler Pond.
8. Indoor animal shelters and kennels, subject to all additional State and local
regulations (less than 4 cats or dogs does not need a permit).
9. Transit oriented development housing (which is allowed to 65 units /acre as a
mixed -use development that is non industrial in nature); must be located on property adjacent to
and not greater than one quarter mile from the Sounder Commuter Rail/ Amtrak Station property.
10. Drive -in theaters.
11. Electrical substations distribution.
12. Fire and police stations.
13. Hospitals, sanitariums, or similar institutions.
14. Manufacturing, processing and/or assembling previously prepared metals
including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving,
galvanizing and hand forging.
15. Park and ride lots.
16. Radio, television, microwave, or observation stations and towers.
17. Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
18. Schools, preschool, elementary, junior or high schools, and equivalent private
schools.
Section 13. Ordinance Nos. 1758 §1(part), 1830 §24, and 1865 §36, as codified at TMC
Chapter 18.30, "Commercial/Light Industrial District are hereby amended to remove cellular
towers as a conditional use:
18.30.040 Conditional Uses
The following uses may be allowed within the Commercial Light Industrial District,
subject to the requirements, procedures, and conditions established by the Conditional Use Permits
chapter of this title.
wireless ord doc, 10/11/06 Page 18 0126
1. Amusement parks.
2. Animals shelters and kennels, subject to all additional State and local regulations
(less than 4 cats or dogs does not need a permit).
3. Cemeteries and crematories.
4. Churches and community center buildings.
5. Colleges and universities.
6. Convalescent and nursing homes for more than 12 patients.
7. Drive -in theaters.
8. Electrical substations distribution.
9. Fire and police stations.
10. Hospitals, sanitariums, or similar institutions.
11. Manufacturing, processing and /or assembling chemicals, light metals, plastics,
solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal
products (no rendering or slaughtering).
12. Manufacturing, processing and /or assembling of previously manufactured metals,
such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining,
and consumable electrode melting; and similar heavy industrial uses.
13. Manufacturing, processing and/or assembling previously prepared metals
including, but not limited to;- stamping, dyeing, shearing or punching of metal, engraving,
galvanizing and hand forging.
14. Park -and ride lots.
15. Radio, television, microwave, or observation stations and towers.
16. Recreation facilities (commercial outdoor), including golf courses, golf driving
ranges, fairgrounds, animal race tracks, sports fields.
17. Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
18. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick
manufacture, marble work, and the assembly of products from the above materials.
Section 14. Ordinance Nos. 1758 §1(part) and 1865 §38, as codified at TMC Chapter
18.32, "Light Industrial District are hereby amended to remove cellular towers as a conditional
use:
18.32.040 Conditional Uses
The following uses may be allowed within the Light Industrial District, subject to the
requirements, procedures, and conditions established by the Conditional Use Permits chapter of
this title.
1. Amusement parks.
2. Animals shelters and kennels, subject to all additional State and local regulations
(less than 4 cats or dogs does not need a permit).
3. Cemeteries and crematories.
4. Churches and community center buildings.
5. Colleges and universities.
6. Drive -in theaters.
7. Electrical substations distribution.
8. Fire and police stations.
9. Hospitals, sanitariums, or similar institutions.
10. Manufacturing, processing and /or assembling chemicals, light metals, plastics,
solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal
products (no rendering or slaughtering).
11. Manufacturing, processing and/or assembling of previously manufactured metals,
such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining,
and consumable electrode melting; and similar heavy industrial uses.
12. Park- and -ride lots.
13. Radio, television, microwave, or observation stations and towers.
wireless ord doc, 10/11/06 Page 19 of 26
14. Recreation facilities (commercial outdoor), including golf courses, golf driving
ranges, fairgrounds, animal race tracks, sports fields.
15. Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
16. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick
manufacture, marble work, and the assembly of products from the above materials.
Section 15. Ordinance Nos. 1758 1(part) and 1865 §40, as codified at TMC Chapter
18.34, "Heavy Industrial District are hereby amended to remove cellular towers as a conditional
use:
18.34.040 Conditional Uses
The following uses may be allowed within the Heavy Industrial District, subject to the
requirements, procedures, and conditions established by the Conditional Use Permits chapter of
this title.
1. Amusement parks.
2. Animals shelters and kennels, subject to all additional State and local regulations
(less than 4 cats or dogs does not need a permit).
3. Cemeteries and crematories.
4. Churches and community center buildings.
5. Colleges and universities.
6. Drive -in theaters.
7. Electrical substations distribution.
8. Fire and police stations.
9. Hazardous waste treatment and storage facilities (off -site) subject to compliance
with State siting criteria (RCW 70.105; see TMC Chapter 21.08).
10. Hospitals, sanitariums, or similar institutions.
11. Park and ride lots.
12. Radio, television, microwave, or observation stations and towers.
13. Recreation facilities (commercial outdoor), including golf courses, golf driving
ranges, fairgrounds, animal race tracks, sports fields.
14. Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
Section 16. Ordinance Nos. 1758 1(part), 1865 §42, and 1954 §3, as codified at TMC
Chapter 18.36, "Manufacturing/Industrial Center Light District are hereby amended to
remove cellular towers as a conditional use:
18.36.040 Conditional Uses
The following uses may be allowed within the Manufacturing Industrial Center /Light
Industrial District, subject to the requirements, procedures, and conditions established by the
Conditional Use Permits chapter of this title.
1. Colleges and universities.
2. Electrical substations distribution.
3. Fire and police stations.
4. Heavy metal processes such as smelting, blast furnaces, drop forging, or drop
hammering.
5. Manufacturing, processing and /or assembling chemicals, light metals, plastics,
solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal
products (no rendering or slaughtering).
6. Manufacturing, processing and /or assembling of previously manufactured metals,
such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining,
and consumable electrode melting; and similar heavy industrial uses.
7. Offices including, but not limited to, software development and similar uses,
financial services, schools and studios for education or self improvement, 20,000 square feet and
over.
8. Park and ride lots.
9. Radio, television, microwave, or observation stations and towers.
wireless ord. doc 10/11 /06 Page 20 of 26
10. Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
11. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions,
crafts and craft supplies, housewares, consumer electronics, photo equipment, and film processing,
books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation
equipment and sporting goods, and similar items; limited to uses of a type and size that clearly
intend to serve other permitted uses and /or the employees of those uses.
12. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick
manufacture, marble work, and the assembly of products from the above materials.
Section 17. Ordinance Nos. 1758 §1(part), 1865 §44, and 2028 §2, as codified at TMC
Chapter 18.38, "Manufacturing/Industrial Center Heavy District are hereby amended to
remove cellular towers as a conditional use:
18.38.040 Conditional Uses
The following uses may be allowed within the Manufacturing Industrial Center /Heavy
Industrial District, subject to the requirements, procedures, and conditions established by the
Conditional Use Permits chapter of this title.
1. Colleges and universities.
2. Electrical substations distribution.
3. Fire and police stations.
4. Hazardous waste treatment and storage facilities (off -site) subject to compliance
with State siting criteria (RCW70.105; see TMC Chapter21.08).
5. Offices not associated with other permitted uses, subject to the following location
and size restrictions:
a. New Office Developments:
(1) New office developments shall not exceed 100,000 square feet of
gross floor area per lot that was legally established prior to 09/20/2003.
(2) No new offices shall be allowed on lots that abut the Duwamish River
and are north of the turning basin. The parcels that are ineligible for stand -alone office uses are
shown in Figure 18 12.
b. An existing office development established prior to 12/11/1995 (the
effective date of the Comprehensive Plan) that exceeds the maximum size limitations, may be
recognized as a conforming Conditional Use under the provisions of this code. An existing office
development established prior to 12- 11.1995 (the effective date of the Comprehensive Plan) may
convert to a stand -alone office use subject to the provisions of this code.
6. Park and ride lots.
7. Radio, television, microwave, or observation stations and towers.
8. Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
9. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions,
crafts and craft supplies, housewares, consumer electronics, photo equipment, and film processing,
books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation
equipment and sporting goods, and similar items; limited to uses of a type and size that clearly
intend to serve other permitted uses and /or the employees of those uses.
Section 18. Ordinance Nos. 1758 §1(part), 1830 §26, and 1865 §46, as codified at TMC
Chapter 18.40, "Tukwila Valley South District are hereby amended to remove cellular towers as
a conditional use:
18.40.040 Conditional Uses
The following uses may be allowed within the Tukwila Valley South District, subject to
the requirements, procedures, and conditions established by the Conditional Use Permits chapter
of this title.
1. Amusement parks.
2. Animals shelters and kennels, subject to all additional State and local regulations
(less than 4 cats or dogs does not need a permit).
3. Cemeteries and crematories.
4. Churches and community center buildings.
5. Colleges and universities.
wireless orddoc, 10/11/06 Page 21 of 26
6. Convalescent and nursing homes for more than twelve patients.
7. Drive -in theaters.
8. Dwelling Multi- family units (Max. 22.0 units /acre except senior citizen housing
which is allowed to 100 units /acre, as a mixed -use development that is non industrial in nature);
must be located on property adjacent to and not greater than 500 feet from the Green River,
Tukwila Pond, or Minkler Pond.
9. Electrical substations distribution.
10. Fire and police stations.
11. Hospitals, sanitariums, or similar institutions.
12. Manufacturing, processing and /or assembling of electrical or mechanical
equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools,
airplanes, boats or other transportation vehicles and equipment.
13. Manufacturing, processing and /or assembling chemicals, light metals, plastics,
solvents, soap, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal
products (no rendering or slaughtering).
14. Manufacturing, processing and /or assembling of previously manufactured metals,
such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining,
and consumable electrode melting; and similar heavy industrial uses.
15. Manufacturing, processing and /or assembling previously prepared metals
including, but not limited to,_ stamping, dyeing, shearing or punching of metal, engraving,
galvanizing and hand forging.
16. Park and ride lots.
17. Radio, television, microwave, or observation stations and towers.
18. Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
19. Recreation facilities (commercial outdoor), including golf courses, golf driving
ranges, fairgrounds, animal race tracks, sports fields.
20. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick
manufacture, marble work, and the assembly of products from the above materials.
21. Salvage and wrecking operations.
22. Schools, preschool, elementary, junior or high schools (public), and equivalent
private schools.
23. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front
yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security
required.
Section 19. Ordinance No. 2119 §1, as codified at TMC Chapter 18.104, "Permit
Application Types and Procedures is hereby amended to add classifications of project permit
applications for Wireless Communication Facilities to Type 1, Type 2 and Type 4 decisions, to read
as follows:
18.104.010 Classification of Project Permit Applications
Project permit decisions are classified into five types, based on the degree of discretion
associated with each decision, as set forth in this section. Procedures for the five different types are
distinguished according to who makes the decision, whether public notice is required, whether a
public meeting and /or a public hearing is required before a decision is made, and whether
administrative appeals are provided.
1. TYPE 1 DECISIONS are made by City administrators who have technical
expertise, as designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner
who will hold a closed record appeal hearing based on the information presented to the City
administrator who made the decision. Public notice is not required for Type 1 decisions or for the
appeals of those decisions.
TYPE 1 DECISIONS
TYPE OF PERMIT 1 DECISION MAKER
Any land use permit or approval issued by the City, unless As specified by ordinance
specifically categorized as a Type 2, 3, 4, or 5 decision by
this Chapter
wireless ord.doc, 10/11/06 Page 22 of 26
Boundary Line Adjustment, including Lot Consolidation Community Development Director
(TMC 17.08)
Development Permit 1 Building Official
Minor modification to BAR- approved design Community Development Director
(TMC 18.60.030)
Minor Modification to PRD Community Development Director
(TMC 18.46.130)
Sign Permit, except for those sign permits specifically Community Development Director
requiring approval of the Planning Commission, or denials
of sign permits that are appealable
Tree Permit (TMC 18.54) Community Development Director 1
Wireless Communication Facility, Minor (TMC 18.58) Community Development Director
2. TYPE 2 DECISIONS are decisions which are initially made by the Director or, in
certain cases, other City administrators or committees, but which are subject to an open record
appeal to the Hearing Examiner, Planning Commission, City Council or, in the case of shoreline
permits, an appeal to the State Shorelines Hearings Board pursuant to RCW 90.58.
TYPE 2 DECISIONS
INITIAL DECISION APPEAL BODY
TYPE OF PERMIT MAKER (open record appeal)
Administrative Design Review Community Development Board of
(TMC 18.60.030) Director Architectural Review
Administrative Planned Residential Short Plat Committee Hearing Examiner
Development (TMC 18.46.110)
Binding Site Improvement Plan Short Plat Committee Hearing Examiner
(TMC Chap.17.16)
Cargo Container Placement Community Development Hearing Examiner
(TMC 18.50.060) Director
Code Interpretation Community Development Hearing Examiner
(TMC 18.90.010) Director
Exception from Single- Family Design Community Development City Council
Standard (TMC 18.50.050) Director
Parking standard for use not specified Community Development Hearing Examiner
(TMC 18.56.100) Director
Sensitive Areas (except Reasonable Use Community Development Planning
Exception) (TMC 18.45) Director Commission
Shoreline Substantial Development Permit Community Development State Shoreline
(TMC Chapter 18.44) Director Hearings Board
Short Plat Short Plat Committee Hearing Examiner
(TMC 17.12)
Sign Area Increase Community Development Planning
(TMC 19.32.140) Director Commission
Sign Permit Denial Community Development Planning
(TMC Chapter 19.12) Director Commission
Special Permission Parking, and Community Development Hearing Examiner
Modifications to Certain Parking Standards Director
(TMC 18.56.065 and .070)
Special Permission Sign, except "unique Community Development Planning
sign" (various sections of TMC Title 19) Director Commission
Wireless Communication Facility, Community Development Hearing Examiner
Administrative (TMC Chapter 18.58) Director
3. TYPE 3 DECISIONS are quasi- judicial decisions made by the Hearing Examiner
following an open record hearing. Type 3 decisions may be appealed only to Superior Court,
wireless ord.doc, 10/11/06 Page 23 of 26
except for shoreline variances that may be appealed to the State Shoreline Hearings Board pursuant
to RCW 90.58.
TYPE 3 DECISIONS
TYPE OF PERMIT 1 DECISION MAKER
Resolve uncertain zone district boundary 1 Hearing Examiner
Variance (zoning, shoreline, sidewalk, land alteration, sign) 1 Hearing Examiner
4. TYPE 4 DECISIONS are quasi- judicial decisions made by the Board of
Architectural Review or the Planning Commission, following an open record hearing. Type 4
decisions may be appealed to the Hearing Examiner or the City Council, based on the record
established by the Board of Architectural Review or Planning Commission, except Shoreline
Conditional Use Permits, that are appealable to the State Shorelines Hearings Board pursuant to
RCW 90.58.
TYPE 4 DECISIONS
INITIAL APPEAL BODY
TYPE OF PERMIT DECISION MAKER (closed record appeal)
Conditional Use Permit Planning City Council
(TMC Chapter 18.64) Commission
Modifications to Certain Parking Standards Planning Hearing Examiner
(TMC Chapter 18.56) Commission
Public Hearing Design Review Board of City Council
(TMC Chap. 18.60) Architectural Review
Reasonable Use Exceptions under Sensitive Planning City Council
Areas Ordinance (TMC 18.45.180) Commission
Shoreline Conditional Use Permit Planning State Shorelines Hearings
(TMC 18.44.050) Commission Board
Subdivision Preliminary Plat Planning City Council
(TMC 17.14.020) Commission
Unique Signs Planning City Council
(TMC 19.28.010) Commission
Variance from Parking Standards over 10% Planning Hearing Examiner
(TMC 18.56.140) Commission
Wireless Communication Facility, Major or Planning City Council
Waiver Request (TMC 18.58) Commission
5. TYPE 5 DECISIONS are quasi judicial decisions made by the Hearing Examiner
or City Council following an open record hearing. Type 5 decisions may be appealed only to
Superior Court.
TYPE 5 DECISIONS
TYPE OF PERMIT 1 DECISION MAKER 1
Planned Residential Development (PRD), including Major City Council
Modifications (TMC Chap. 18.46)
Rezone (TMC Chapter 18.84) 1 City Council
Sensitive Area Master Plan Overlay (TMC 18.45.160) 1 City Council
Shoreline Environment Redesignation (Shoreline Master Program) 1 City Council 1
Subdivision Final Plat (TMC 17.12.030) 1 City Council
Unclassified Use (TMC Chapter 18.66) 1 City Council 1
Section 20. Ordinance No. 1768 §2(part), as codified at TMC Chapter 18.104, "Permit
Application Types and Procedures is hereby amended to add Wireless Communication Facility
Permits as a land use permit that requires additional information be provided for the application to
be considered complete, to read as follows:
wireless ord. doc, 10/11/06 Page 24 of 26
18.104.060 Application Requirements
In order to comply with the requirements of RCW 36.70B.080 (which requires that the
City specify the contents of a complete application for a land use permit), RCW 36.70B.070 (which
requires the City to determine whether applications are complete within 28 days of submission)
and RCW 36.70B.090 (which requires the City to make a decision on a permit application within
120 days of determining the application is complete), the following standards for permit
applications are established:
1. Applications shall be made by the property owner, lessee, contract purchaser,
governmental agency, or by an authorized agent thereof. The Department shall not commence
review of any application set forth in this chapter until the applicant has submitted the materials
and fees specified for complete applications. Applications shall be considered complete as of the
date of submittal upon determination by the Department that the materials submitted meet the
requirements of this section. Except as provided in Subsections 2 and 4 of this section, all land use
permit applications shall include the following in quantities specified by the Department:
a. An application form provided by the Department and completed by the
applicant. The applicant shall be allowed to file a consolidated application for all land use project
permits requested by the applicant for the development proposal at the time the application is filed.
b. If the water utility serving the site is an entity other than the City, a current
Certificate of Water Availability from the water utility purveyor serving the site pursuant to TMC
14.36.010.
c. Site percolation data approved by the Seattle -King County Department of
Environmental Health pursuant_to TMC 14.36.020 if the site is proposed for development using a
septic system, or a Certificate of Sewer Availability from the sewer utility purveyor serving the site
if the sewer utility serving the site is an entity other than the City.
d. A site plan, prepared in a form prescribed by the Director.
e. Proof that the lot or lots are recognized as separate lots pursuant to the
provisions of TMC Title 17 and RCW 58.17.
f. Any sensitive areas studies required by TMC Chapter 18.45.
g. A completed environmental checklist, if required by TMC Chapter 21.04.
h. A list of any existing environmental documents known to the applicant or
the City that evaluate any aspect of the proposed project.
i. A list of any permits or decisions applicable to the development proposal
that have been obtained prior to filing the application or that are pending before the City or any
other governmental entity.
j. A storm water design which meets the requirements set forth in the Surface
Water Design Manual adopted pursuant to TMC 16.54.060.
k. For land use permits requiring a Type 3, 4 or 5 decision: current Assessor's
maps and a list of tax parcels to which public notice must be given; a set of mailing labels
addressed to the owners thereof; and a set of mailing address labels addressed to the occupants
thereof, including tenants in multiple occupancy structures, to the extent the owner's addresses
are not the same as the street addresses of the properties to which notice is required.
1. Legal description of the site.
m. A soils engineering report for the site.
n. Traffic study or studies, if required pursuant to TMC Chapter 9.48.
o. A landscaping plan, if required by TMC Chapter 18.52.
p. A tree- clearing plan, if required by TMC Chapter 18.54.
q. A parking plan, if required by TMC Chapter 18.56.
r. Design review plans and related documents, if required by TMC Chapter
18.60 or the Shoreline Master Program.
s. Verification of applicable contractor's registration number, if required by
RCW 18.27.110.
2. The Director may waive any of the specific submittal requirements listed in this
section that are determined to be unnecessary for review of an application.
3. A permit application is complete for purposes of this section when it meets the
procedural submission requirements of the Department and is sufficient for continued processing
even though additional information may be required or project modifications may be subsequently
undertaken. The determination of completeness shall not preclude the Department from
requesting additional information or studies either at the time of notice of completeness or
wireless ord doc, 10/11/06 Page 25 of 26
subsequently if new or additional information is required or substantial changes in the proposed
action occur, as determined by the Department.
4. There are additional application requirements for the following land use permits,
which must be provided in addition to the materials identified in this section in order for an
application to be deemed complete:
a. Land altering permit, see TMC 16.54.100, .110 and .230.
b. Construction permits, see TMC Title 16, building and construction codes.
c. Water system connections, see TMC 14.04.030.
d. Sanitary sewer connection, see TMC 14.12.070.
e. Flood control zone permit, see TMC 16.52.070.
f. Short subdivisions, see TMC 17.08.030.
g. Preliminary subdivisions, see TMC 17.12.020.
h. Final subdivisions, see TMC 17.12.030.
i. Binding site improvement plans, see TMC 17.16.030.
j. Planned residential developments, see TMC 18.46.110.
k. Sign permits, see TMC 19.12.020 and .030.
1. Shoreline substantial development permits, shoreline conditional use
permits and shoreline variances, see TMC Chapter 18.44, RCW 90.58 and the applicable
Shoreline Master Program.
m. Wireless communication facility permits, see Chapter TMC 18.58.
5. The applicant shall attest by written oath to the accuracy of all information
submitted for an application. The Department shall have the authority to require the applicant to
submit a title report or other proof of ownership of the property or other proof of the applicant's
authority to submit an application regarding the property.
6. Applications shall be accompanied by the payment of applicable filing fees, if any.
Section 21 Severability. If any section, subsection, paragraph, sentence, clause or phrase
of this ordinance or its application to any person or situation should be held to be invalid or
unconstitutional for any reason by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this
ordinance or its application to any other person or situation.
Section 22. Effective Date. This ordinance or a summary thereof shall be published in the
official newspaper of the City, and shall take effect and be in full force five days after passage and
publication, as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of 2006.
ATTEST /AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk Steven M. Mullet, Mayor
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Shelley M. Kerslake, City Attorney Ordinance Number;
wireless ord doc, 10/11/06 Page 26 of 26
Community Affairs and Parks Committee
August 29, 2006 5:00 p.m.
Present: Joan Hernandez, Chair; Joe Duffle, and Pam Linder.
Steve Lancaster, Director of Department of Community Development; Brandon Miles,
Assistant Planner; Chris Bacha, Assistant City Attorney; and Diane Jenkins, Administrative
Assistanf to the Council.
Business Agenda:
A. Wireless Telecommunications Chapter Briefing
Mr. Lancaster reminded the committee that a 2006 Budget Goal was the creation of a wireless
telecommunications chapter within the city's zoning code. Mr. Miles indicated that Planning staff
began working on this project and briefed the Community Affairs and Parks (CAP) Committee in
March 2006. CAP referred the matter to the Planning Commission. Mr. Bacha has extensive
background and expertise on this subject and has reviewed drafts of the proposed ordinance. The
explosion of cellular device usage has triggered the need for the City to examine the process used to
review applications for wireless communication facilities.
t
The Planning Commission has held three public hearings as part of the process of developing the
new telecommunications chapter. As a result of those hearings and much discussion, the Planning
Commission recommended restrictions on how new cell towers are permitted. Mr. Miles reviewed the
draft ordinance and responded to questions. He explained that one of the provisions of the ordinance
is that a third party expert review be made of permit applications, for which the applicant would be
required to pay. Currently, the City pays for a third party review. Ms. Linder suggested that this
language be incorporated into other ordinances. Discussion of the proposed ordinance language
continued. Ms. Linder asked how long it would take to process an application under each category.
Mr. Miles replied that Type 1 would take approximately 28 days; Type 2, 3 months; and Type 4, 4 -5
months. Ms. Hernandez asked what would be classified as a "waiver request: Mr. Miles noted that
that would constitute variances. Mr. Miles continued and noted that there has not been a
request for a new tower since 1990. A new tower is typically the last option for companies since it
requires a large capital investment and a lengthy application process wherein they must demonstrate
that a stand alone monopole is the only way they can provide service in a particular area.
Mr. Bacha relayed information conceming telecommunications litigation and topics that have or have
not been addressed by the courts.
Ms. Linder referred to new towers, "The Planning Commission shall be the reviewing body on the
application to construct a tower and shall receive evidence demonstrating the following when acting
on an application to construct a new tower in the City (although nothing should be construed to infer
that meeting one, some, or all of the following shall entitle the applicant to approval):" Ms. Linder
noted that even if the applicant met all of the requirements, a permit could be denied. Mr. Bacha
replied that an applicant would have to meet the standard set by the 9 Circuit Court. Ms. Linder
asked that this language be reviewed. Mr. Duffle expressed concern with height of cellular towers
and placement of antennas on buildings with historical significance. Forward to Committee of the
Whole.
Adjournment: 5:50 p.m.
Committee Chair Approval
Minutes by DJ.