It is the intent of this chapter to:
A. 
Manage the location of wireless communication facility (WCF) towers and antennas in the city of Yelm. A WCF is a facility for the transmission and/or reception of radio or microwave signals used for commercial communications. A WCF can be either freestanding (equipment mounted on a freestanding support structure), or attached (equipment affixed to or erected upon existing buildings, utility poles, or other existing structures);
B. 
Protect residential areas and other land uses from potential adverse impacts of WCFs;
C. 
Minimize adverse visual impacts of WCFs through careful design, siting, landscape screening, and innovative camouflaging techniques;
D. 
Accommodate an increased need for WCFs to serve the wireless communications needs of city residents;
E. 
Promote and encourage co-location on freestanding WCFs as an option rather than construction of additional single-use WCFs, and reduce the number of such structures needed in the future. Co-location means the use of a single support structure and/or site by more than one wireless communications provider;
F. 
Consider the public health and safety of WCFs to the extent permitted by federal law; particularly the 1996 Federal Communications Act and regulations promulgated by the Federal Communications Commission (FCC); and
G. 
Avoid potential damage to adjacent properties through sound engineering practices and the proper siting of WCFs.
(Ord. 995 § 12 (Exh. A), 2015)
The following are exempt from the provisions of this chapter:
A. 
Industrial processing equipment and scientific or medical equipment using frequencies regulated by the Federal Communications Commission (FCC);
B. 
Antennas and related equipment that are being stored, shipped, or displayed for sale;
C. 
Radar systems for military and civilian communication and navigation;
D. 
Wireless radio utilized for temporary emergency communications in the event of a disaster;
E. 
Licensed amateur (ham) radio stations;
F. 
Residential antennas;
G. 
Satellite dish antennas less than two meters in diameter, including direct to home or business satellite services, when used as an accessory use on a property;
H. 
Routine maintenance or repair of a WCF and related equipment;
I. 
Subject to compliance with all other applicable standards of this chapter, a building permit application need not be filed for emergency repair or maintenance of a WCF until 30 days after the completion of such emergency activity;
J. 
A "cell on wheels" (COW) or other temporary WCF for a maximum of 90 days during an emergency declared by the federal, state, or local government;
K. 
AM/FM radio and television broadcast facilities or towers;
L. 
Temporary WCF for coverage of a special event, subject to written approval by the city. WCF is deemed temporary if it is in place for up to one week prior to and after the event;
M. 
Temporary WCF installed for not more than 180 days, during repair, replacement, or relocation of an existing WCF or construction of a new WCF.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1057 § 11, 2019)
A. 
Priority Locations.
1. 
Place antennas and towers on public property if practical.
2. 
Place antennas on appropriate rights-of-way and existing structures, such as building, towers, water towers and smokestacks.
3. 
Place antennas and towers in the industrial (I), large lot commercial (C-3) and heavy commercial (C-2) zoning districts.
B. 
Secondary Locations.
1. 
Place antennas and towers in the commercial (C-1), central business district (CBD), and residential districts.
C. 
Prohibited Locations.
1. 
WCFs are prohibited on day-care center properties, properties immediately adjacent to day-care centers, public or private schools, properties immediately adjacent to public or private schools.
2. 
Attached WCFs are prohibited on single- or two-family dwellings.
3. 
WCFs are prohibited on sites or structures which are on federal, state, or county recognized historic registers.
4. 
WCFs are prohibited within critical areas and critical area buffers.
(Ord. 995 § 12 (Exh. A), 2015)
The site plan review committee may require technical review by a third party as part of the permit review process. The selection of the third party expert shall be by mutual agreement by the provider and the site plan review committee. The costs of the technical review shall be borne by the applicant. Based on the results of the expert review, the site plan review committee may require changes to the WCF applicant's submittal. A third party technical review may include, but is not limited to, a review of:
A. 
The technical accuracy and completeness of submissions;
B. 
The technical applicability of analysis techniques and methodologies;
C. 
The validity of conclusions reached by the applicant; and/or
D. 
Other specific technical issues as identified by the site plan review committee.
(Ord. 995 § 12 (Exh. A), 2015)
To minimize adverse visual impacts associated with the proliferation of WCFs, co-location is encouraged. The city may deny an application to construct new facilities if the applicant has not made a diligent effort to mount the facilities on an existing freestanding or attached WCF or other communication tower. At a minimum, this requires an assessment of any existing towers that have the location, as well as the existing or potential height, structural capability and equipment structure area, to serve the applicant's needs, a written request to those tower owners to co-locate on their facilities, and a good faith effort to work with those tower owners to co-locate.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1057 § 12, 2019)
Pursuant to YMC Title 15, the applicant shall obtain and execute a franchise agreement granting a nonexclusive right to use public right-of-way. Attachment of WCFs on an existing traffic signal, street light pole, or similar structure shall require written evidence of a license, or other legal right or approval, to use such structure by its owner. In its sole discretion, the city may prohibit or restrict the attachment of WCFs on certain city-owned poles, including, without limitation, ornamental street light poles.
(Ord. 1057 § 13, 2019)
A. 
Maximum Height.
1. 
One hundred fifty feet including antennas for WCF towers located in a priority location or 60 feet in a secondary location.
2. 
Modification to the maximum height may be granted by the approval authority if the applicant can show by clear and convincing evidence that the additional height is necessary to provide adequate service to the residents of the city and no other alternative with lesser impacts is available.
B. 
Setbacks. The setback shall be measured from the base of the WCF tower to the property line of the parcel on which it is located.
1. 
One hundred ten percent of tower height, including antennas.
2. 
A maximum 50 percent reduction to the setbacks may be granted by the approval authority, in a priority location only, if the WCF is built to a minimum wind stagnation pressure of 100 miles per hour, and an exposure and gust coefficient factor of C as listed in Tables 16-F and 16-G of the 1997 Uniform Building Code, as amended.
3. 
Further reduction to a minimum setback of 50 feet may be granted by the approval authority, in a priority location only, if the applicant can demonstrate that without adding more than minimal screening the alternate location is substantially screened on all sides by existing vegetation, buildings or topography, or that such location better preserves view corridors for adjacent property owners and the public.
C. 
Co-location. All freestanding WCF towers shall be designed and constructed to fully accommodate at least two additional WCF providers, including an area for each co-locator's equipment near the base of the tower, each comparable in size to the area required by the applicant, unless the applicant demonstrates why such design is not feasible for technical or physical reasons.
D. 
Separation.
1. 
Freestanding WCF towers shall be a minimum of 1,400 feet from another freestanding WCF tower or other communication tower.
2. 
Separation distances shall be measured from tower to tower regardless of property lines and roadways.
3. 
The separation may be reduced by up to 50 percent under the following circumstances:
a. 
Where the proposed freestanding WCF and an existing freestanding WCF or other communication tower are within a priority location;
b. 
Where the proposed freestanding WCF and an existing freestanding WCF or other communication tower are within substantially different view corridors as determined by the approval authority; or
c. 
Where it is clearly demonstrated by the applicant that from a technical standpoint a reduced separation is necessary.
4. 
Freestanding WCFs may be clustered within all industrial districts so long as all WCFs within the cluster are more than 500 feet from residential zoning districts and any property with an existing residence.
E. 
Siting and Screening.
1. 
Siting. Significant visual impacts of a WCF, from the front and rear of any residence on adjacent properties and for any residence across the roadway from the WCF, shall be minimized to the maximum extent feasible through careful siting. At no time shall a WCF be attached to a tree; or to use any tree to attach any metal guy wire or cable supporting any attached antenna.
2. 
Color. WCF towers and antennas shall have a nonglare finish in a gray, blue, green or other color to blend with the surroundings or horizon unless a different color is required by the FCC or FAA. The finish must be approved by the approval authority.
3. 
Screening. If the area within 50 feet of the site perimeter is treed such that substantial year-round screening of the WCF site is provided, as determined by the approval authority, prior to the issuance of building permits, the applicant shall cause an easement signed by the property owner to be recorded with the county auditor establishing a tree retention buffer. A copy of the recorded easement shall be provided to the planning department. The buffer shall be a minimum of 50 feet wide and shall extend around the perimeter outside of the fenced tower site, excluding the access point. This buffer must extend into the adjacent property if the tower setback has been reduced such that the buffer will not fit entirely on the subject property. The approval authority may require the buffer area to be enhanced to provide the desired level of screening for the ground level facilities. Any tree within the buffer that dies or is removed due to disease or windthrow shall be replaced during the next planting season with a minimum of two conifer trees a minimum of six feet in height at the time of planting. The buffer shall be maintained so long as the tower is located on the site.
If site is not a treed area: a minimum 20-foot-wide buffer around the perimeter outside of the fenced site, excluding the access point, shall be planted with site-obscuring conifer trees. The trees shall be planted six feet on center in at least three offset rows. The trees shall be a minimum of six feet in height at the time of planting and shall be maintained in a green and growing state so long as the tower is on the site. Planting shall occur prior to the tower becoming operational.
The approval authority may modify the screening requirements where existing structures on site, existing vegetation along the parcel perimeter, or topography provide adequate screening.
F. 
Security.
1. 
A minimum six-foot-high chain link fence with privacy slats and topped with three strands of barbed wire shall be installed around the perimeter of the site for public safety and security purposes. Alternate methods of fencing may be approved if a level of public safety and security similar to that provided by the previously described fence can be clearly demonstrated. The fence and privacy slats shall be a deep green or other color which blends in with the surrounding environment. The fence will require a building permit. Access to the tower shall be through a locked gate.
2. 
All freestanding WCFs shall be fitted with anti-climbing devices.
G. 
Parking/Access. At least one parking space, plus adequate turnaround area, shall be provided. The access road, parking and turnaround areas shall have paved, gravel or other all-weather surface. The access road must be a minimum of 10 feet wide.
H. 
Signals, Lights and Signs. No signals, lights or signs shall be permitted on a WCF unless required by the FCC or FAA, except that all WCFs shall have a sign posted on the access gate with the WCF provider name, contact phone number and emergency phone number on it.
I. 
Outdoor Storage. Outdoor storage of motor vehicles or materials associated with the WCF is prohibited outside of the fenced area installed pursuant to subsection F of this section.
J. 
Noise and Interference. WCFs shall not exceed noise standards as defined in Chapter 173-60 WAC or cause interference with electrical, transmission or reception functions or cause similar disturbances.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1057 § 14, 2019)
A. 
Maximum Height. In a priority location, 28 feet above the building roof or top of structure on which it is mounted. In a secondary location, 10 feet above the building roof or top of structure on which it is mounted.
B. 
Setbacks. Attached WCF and transmission equipment mounted on building walls or roofs shall not extend over property lines nor into required front, side or rear yard areas; provided, that the site plan review committee may approve an encroachment into a required yard up to two feet for an antenna mounted on the face of wall of a building or structure if the antenna is camouflaged to blend into the architecture of the building or structure on which placed. Antennas mounted on rooftops or atop water tanks shall be set back horizontally from the vertical edge of the structure one foot for every foot of elevation above the roof or tank; or at center or nearest to center when horizontal/vertical measurements.
C. 
Wall-Mounted. If the antenna is mounted on a wall, it shall be as flush to the wall as technically possible.
D. 
Architectural Compatibility, Screening and Camouflaging. The antenna shall be architecturally compatible with the building and wall on which it is mounted, and shall be constructed, finished, or fully screened to match as closely as possible the color and texture of the building and wall. Such facilities will be considered architecturally and visually compatible if they are camouflaged to disguise the WCF or designed to blend with the building on which it is mounted.
E. 
Equipment Structures. Equipment structures mounted on a building roof shall either be hidden from view at ground level off site or have a finish similar to the exterior building walls. Equipment for an attached antenna may also be located within the building on which the antenna is mounted. At no time shall a WCF be attached to tree; or to use any tree to attach any metal guy wire or cable supporting any attached antenna.
F. 
Signals, Lights, and Signs. No signals, lights or signs shall be permitted on an attached WCF unless required by the FCC or FAA.
G. 
Outdoor Storage. Outdoor storage of motor vehicles or materials associated with the WCF is prohibited.
H. 
Noise and Interference. WCFs shall not exceed noise standards as defined in Chapter 173-60 WAC or cause interference with electrical, transmission or reception functions or cause similar disturbances.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1057 § 15, 2019)
A. 
Maximum Size.
1. 
Antennas shall be no larger than three cubic feet in volume.
2. 
Associated equipment shall be no larger than 28 cubic feet in volume.
B. 
Maximum Height.
1. 
For WCFs located on utility distribution poles, no more than 15 feet above the height of the pole to which the WCF is being attached, but in no event higher than a total of 40 feet.
2. 
For WCFs located on street light poles, no more than eight feet above the height of the street light pole, but in no event higher than a total of 40 feet. If a replacement street light pole is necessary to accommodate the attachment, the height limitations shall be measured as if the WCF was being installed on the street light pole that previously existed in that location.
3. 
For WCFs located on new, stand-alone poles, no more than 10 feet above the height of any other existing poles located within 500 feet of the proposed new pole location, but in no event higher than a total of 40 feet.
Notwithstanding any of the foregoing, the maximum height limits may be modified by the director through the variance process described in this title.
C. 
Design Requirements.
1. 
All WCFs in the right-of-way shall be constructed out of or finished with non-reflective materials (visible exterior surfaces only).
2. 
The color of stand-alone poles in the right-of-way constructed to accommodate WCFs shall be compatible with the colors of other poles in the right-of-way in the immediate vicinity.
3. 
Camouflage/Concealment. All WCFs and any transmission equipment shall, to the extent feasible, use camouflage design techniques including, but not limited to the use of materials, colors, textures, screening, undergrounding, or other design options that will blend the WCF to the surrounding natural setting and/or built environment. Design, materials and colors of WCFs shall be compatible with the surrounding environment. Designs shall be compatible with structures and vegetation located in the right-of-way and on adjacent parcels.
Camouflage design may be of heightened importance where findings of particular sensitivity are made (e.g., proximity to historic or aesthetically significant structures, view, and/or community features). Should the director determine that WCFs are located in these areas of heightened importance, they shall be designed to minimize their profile at the request of the director.
4. 
The camouflage design may include the use of base stations and other structures should the director determine that such design meets the intent of this title and the community is better served thereby.
5. 
Poles and WCFs in the right-of-way should use existing landforms, vegetation, and structures to aid in screening the facility from view or blending in with the surrounding built and natural environment.
6. 
Poles shall be architecturally compatible with the surrounding area.
7. 
Poles and WCFs in the right-of-way shall be compatible with the surrounding topography, trees, and foliage.
8. 
Poles and WCFs in the right-of-way shall include design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
9. 
To the extent feasible, pole-mounted small cell wireless facilities shall be located on, or within, an existing or replacement utility pole serving the city, or another utility and shall be camouflaged and concealed consistent with other existing natural or manmade features near the location where the facilities will be located.
10. 
If there are no reasonable alternatives, and the applicant is authorized to construct the new stand-alone poles or a replacement pole, to the extent reasonably feasible, such poles shall:
a. 
Be consistent with the size and shape of the pole-mounted equipment installed by communications companies on utility poles near the new stand-alone pole;
b. 
Be sized to minimize the negative aesthetic impacts to the right-of-way and adjacent property;
c. 
Be designed such that any ground-mounted equipment shall be located in a manner necessary to address both public safety and aesthetic concerns in the reasonable discretion of the director, and may, where appropriate and reasonably feasible based upon technical, construction, and engineering requirements, require a flush-to-grade underground equipment vault;
d. 
Not alter vehicular circulation or parking within the right-of-way or impede vehicular, bicycle, or pedestrian access or visibility along the right-of-way. No stand-alone pole may be located or maintained in a manner that causes unreasonable interference. "Unreasonable interference" means any use of the right-of-way that disrupts or interferes with its use by the city, the general public, or other person authorized to use or be present upon the right-of-way, when an alternative exists that would result in less disruption or interference. Unreasonable interference includes any use of the right-of-way that disrupts vehicular or pedestrian traffic, any interference with utilities, and any other activity that will present a hazard to public health, safety, or welfare;
e. 
Not be located within 600 feet of another freestanding WCF pole in the right-of-way. The director may exempt an applicant from these requirements if the applicant demonstrates that the minimum separation requirement cannot be satisfied for technical reasons, and if the director determines that the placement of a WCF at a distance less than 600 feet from another WCF will meet the intent of reducing visibility of WCFs to the extent possible; and
f. 
With respect to equipment enclosures, be located out of view as much as possible.
11. 
Antennas shall meet the following requirements:
a. 
Antennas shall be mounted as close to the pole as is technically feasible and may be flush-mounted, placed on the pole top, or mounted with a standoff bracket.
b. 
Antennas shall be of a neutral, nonreflective color that is closely compatible with the color of the supporting structure.
12. 
Aside from antennas, other transmission equipment for all WCFs shall meet the following requirements:
a. 
All other transmission equipment shall be grouped as closely as technically possible and reduce the overall visual impact of the WCF;
b. 
Other transmission equipment shall be located out of sight whenever possible by locating within equipment enclosures. Where such alternate locations are not available, the transmission equipment shall be camouflaged or concealed; and
c. 
Other transmission equipment shall be of a neutral, nonreflective color that is identical to, or closely compatible with, the color of the supporting structure, or uses other camouflage and concealment design techniques so as to make the equipment as visually unobtrusive as possible, including, for example, painting the equipment to match the structure or using a graphics wrap to blend the structure into the surrounding environment.
13. 
Any new wiring required to bring power to serve a WCF site shall be located underground.
D. 
Hazardous Materials. No hazardous materials shall be permitted in association with WCFs in the right-of-way, except those necessary for the operations of the WCF and only in accordance with all applicable laws governing such materials.
E. 
Lighting. WCFs shall not be artificially lighted, unless required by the FAA or other applicable governmental authority, or the WCF is mounted on a light pole or other similar structure primarily used for lighting purposes. If lighting is required, the city may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. Lighting shall be shielded or directed to the greatest extent possible to minimize the amount of glare and light falling onto nearby properties, particularly residences.
F. 
Noise. Noise generated on the site must not exceed the levels defined in Chapter 173-60 WAC or cause interference with electrical, transmission or reception functions or cause similar disturbances.
G. 
Adjacent Residential Uses. WCFs in the right-of-way shall be sited in a manner that evaluates the proximity of the facility to residential property. When placed near residential property, a stand-alone WCF (e.g., a new pole) shall be placed adjacent to the common side yard property line between adjoining residential properties, such that the WCF minimizes visual impacts equitable among adjacent properties and minimizes impacts to existing trees within or next to the right-of-way. In the case of a corner lot, the WCF may be placed adjacent to the common side yard property line between adjoining residential properties, or on the corner formed by two intersecting rights-of-way. If these requirements are not feasible from a construction, engineering, or design perspective, the director may, in his/her sole discretion, exempt the WCF from these requirements, through the variance process described in this title.
(Ord. 1057 § 16, 2019)
A. 
Maximum height: 10 feet.
B. 
Fenced Enclosure. Equipment structures shall be within a fenced enclosure, unless associated with an attached WCF. Equipment structures associated with attached WCFs and located outside fencing must meet all building setbacks, screening and other standards of the underlying zoning district and must be designed to be architecturally compatible with the building near which it is placed.
(Ord. 995 § 12 (Exh. A), 2015)
All WCF facilities must be maintained in a good and safe condition, including fencing and landscaping buffers, and in a manner that complies with all applicable federal, state and local requirements.
(Ord. 995 § 12 (Exh. A), 2015)
A. 
No less than 30 days prior to the date that a WCF provider plans to abandon or discontinue operation of a facility, the WCF provider must notify the city by certified U.S. mail of the proposed date of abandonment or discontinuation of operation. In the event that a WCF provider fails to give notice, the facility shall be considered abandoned upon the city's discovery of discontinuation of operation. Upon such abandonment, the WCF provider or landowner shall remove the WCF and restore the site, or reactivate the WCF within one year.
B. 
City approval for the WCF shall expire one year from abandonment or immediately upon removal, whichever occurs earlier.
(Ord. 995 § 12 (Exh. A), 2015)
Federal law provides that the federal government has sole jurisdiction to regulate in the field of radio frequency (RF) emissions.
A. 
WCFs shall not be conditioned nor denied based on RF impacts.
B. 
Applicants for WCF permits shall be required to provide information as required in the application certifying compliance with federal standards.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1057 § 17, 2019)