The purpose of this chapter is to establish comprehensive standards for regulating the placement, modification, and removal of wireless telecommunications facilities (WF) within the city of Leavenworth. These standards are intended to comply with the Telecommunications Act of 1996, and to protect the health, safety, and general welfare of the public. The standards are also designed to protect property values by minimizing the visual impacts created by WF, while allowing for the development of enhanced telecommunications services in the city.
Leavenworth is a tourist destination that attracts thousands of visitors each year due to its Old World Bavarian-Alpine theme as well as the abundance and variety of year-round recreational opportunities afforded by the mountains and rivers that surround the city. The visual attractiveness of the city of Leavenworth is paramount to its continued economic vitality. For this reason, the provisions of this chapter very specifically regulate the manner in which telecommunications facilities may be placed within the city; however, the regulations included in this chapter are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting wireless services.
(Ord. 1205 § 1, 2003)
In the event of a conflict between the standards of this chapter and the development standards contained in LMC Title 14 or elsewhere in the Leavenworth Municipal Code, the more stringent standards shall govern.
(Ord. 1205 § 1, 2003)
The requirements of this chapter shall apply to all new WF within the city of Leavenworth and the expansion, modification, and/or alteration of any existing WF, except that the following shall be exempt from the provisions of this chapter:
A. 
Direct-to-home personal satellite dish antennas (not more than one meter in diameter), TV antennas, wireless cable antennas, and customer-end antennas that receive and transmit fixed wireless signals, intended to receive and process video programming signals for noncommercial use, and not located within any front yard setback area. This exemption is per the FCC Over-the-Air Reception Devices Rule cited as 47 C.F.R. Section 1.4000, as amended.
B. 
Military and federal, state, and local government communications facilities used for temporary purposes for emergency preparedness and public safety.
C. 
Normal, routine, and emergency maintenance and repair of existing wireless telecommunications facilities and related equipment which do not increase the size, footprint, or bulk of such facilities and which otherwise comply with city, state, and federal laws and regulations.
D. 
Send and receive citizens band radio antennas or antennas operated by federally licensed amateur (ham) radio operators may be located in any zoning district, in compliance with FCC regulation PRB-1, as amended.
(Ord. 1205 § 1, 2003)
A. 
Design Permit. A design permit shall be required for all WF proposed within all zoning districts of the city of Leavenworth, in accordance with design standards contained in this chapter and in LMC Title 14. Design permit approval shall be required two weeks prior to the conditional use permit public hearing. If an application for a WF fails to receive design permit approval, the application cannot proceed to a public hearing before the hearing examiner for the conditional use permit.
B. 
Conditional Use Permit. A conditional use permit shall be required for all WF permitted within the city of Leavenworth, in accordance with the development standards contained in this chapter, and the requirements of Chapter 18.52 LMC and LMC Title 21.
C. 
Building Permit. A building permit shall be required for all WF, if required by the International Building Code, unless specifically exempted in LMC § 18.74.040.
D. 
State Environmental Policy Act. SEPA compliance shall be required unless categorically exempt per WAC 197-11-800, as amended.
E. 
Planned Development District. Any WF allowed through a conditional use permit in a nonplanned development district zone may be applied for and allowed through a planned development district zone approval.
F. 
Temporary Uses. A WF may be permitted as a temporary use with administrative review and approval by the director, in order to facilitate continuity in wireless telecommunications service during repair or maintenance of existing wireless telecommunications facilities. Such temporary WF shall be allowed for not more than 60 days, commencing when construction of such temporary facility begins. The temporary WF shall be removed within 30 days after the facility is no longer needed for telecommunications purposes.
G. 
Other Permits. The applicant for a permit pursuant to this chapter shall obtain any other required federal, state, or local permits, prior to installation of the WF.
(Ord. 1205 § 1, 2003)
Applicants shall submit the following in addition to required application materials.
A. 
Design Permit. In addition to the standard application requirements for a design permit, applicants shall submit the following:
1. 
A scaled site plan clearly indicating the location of the proposed facility, all other structures and uses on the site, adjacent roadways, proposed means of access, parking, existing and proposed landscaping, and setbacks from property lines.
2. 
Scaled elevation drawings of all sides of the structure showing the proposed antenna, any proposed accessory equipment structures, existing or proposed fencing, buffering, and screening, type of architectural treatment (concealment), and any other features necessary to show compliance with the applicable standards, shall be provided.
3. 
Photo-simulations of the proposed facility from all adjacent properties and public rights-of-way for all commercial facilities. For noncommercial uses, scaled drawings shall be submitted showing how the proposed use will appear from all adjacent properties.
4. 
A location evaluation study that shows that the WF is required for present and future network coverage, that the height requested is the minimum necessary to provide for the function of the antenna(s), and, if not located in the light industrial zoning district, documentation as to why it is not.
B. 
Conditional Use Permit. In additional to the above additional requirements for a design permit, and the standard application requirements for a conditional use permit, applicants shall also submit the following:
1. 
An agreement, signed and notarized by the owner of the building or structure, for location of the WF on an existing building or structure.
2. 
A letter of credit, performance bond, or other security acceptable to the city, as described in LMC § 18.74.080(J), to cover the future costs of removal of the WF.
3. 
Proof of license by the FCC, if applicable.
4. 
A copy of the findings from the FAA's Aeronautical Study Determination regarding the proposed WF, if applicable.
5. 
A declaration, made under penalty of perjury, or sworn statement by an appropriate technical expert, stating:
a. 
That the antenna usage will not interfere with other adjacent or neighboring transmission or reception communications signals; and
b. 
That any facility will comply with all applicable federal, state, and local laws, including specifically FCC and FAA regulations and the Leavenworth Municipal Code.
6. 
A lease agreement (if the proposed site is a leased site) which specifies or shows that the site owner is not precluded from entering into leases on the site with other providers.
7. 
Engineering evidence that the antenna must be located at the proposed site to satisfy its function in the applicant's local grid system. The city may require the applicant to provide feasibility studies which demonstrate that locations on existing wireless telecommunications support structures (outside the city limits of the city of Leavenworth) and/or in preferred locations, as noted in LMC § 18.74.070(B), have been explored and are not feasible or available.
(Ord. 1205 § 1, 2003)
A. 
Wireless Telecommunications Towers. Wireless telecommunications towers are prohibited within the city of Leavenworth.
B. 
Attached Antennas. Attached antennas and accessory equipment structures are allowed within all zoning districts of the city of Leavenworth. Locating attached antennas within the light industrial zoning district is preferred over locations in any other zoning district within the city. Antennas shall not, to the greatest extent possible, have a negative impact on views from commercial, residential, or recreational zoning districts. Attachment of antennas onto existing structures used for utility functions shall be preferred as long as the use does not adversely affect other public uses on the site. Location of antennas onto or within new or existing buildings or structures is allowed.
(Ord. 1205 § 1, 2003)
The following minimum development standards shall apply to all WF, in addition to any standards applicable to the underlying zoning district in which they are located. As part of the conditional use permit review process, the hearing examiner shall determine that these standards are met. The hearing examiner is also authorized to require additional conditions.
A. 
Anti-Climbing Devices. All WF and required fencing shall be equipped with appropriate and effective anti-climbing devices, as needed.
B. 
Attachment to Trees Prohibited. It is prohibited to attach any WF or portion thereof to any tree.
C. 
Signage. All WF shall be identified with a nonilluminated sign not exceeding 16 square inches. The sign shall list the wireless service provider's name and emergency telephone number, and shall be posted in a place visible to the general public, to be approved by the director before installation. The sign shall be considered a noncommercial sign. No advertising signs for wireless service providers shall be located on buildings that antennas are attached to unless otherwise permitted per the sign ordinance, Chapter 14.10 LMC. In addition, antennas may be camouflaged as otherwise permitted signs.
D. 
Lighting. WF shall not be illuminated except where required by the FAA. Lighting of WF shall be contained to the site the facility is located on to the greatest extent possible, and directed and/or shielded away from adjacent properties.
E. 
Noise from Accessory Equipment. WF shall comply with state noise level standards per Chapter 173-60 WAC, as amended. Generators may only be permitted for emergency operation purposes when there is a loss of electrical power and will only be allowed until electrical power is restored. If air conditioning or other noise-generating equipment is proposed, the applicant shall provide information detailing the expected noise level and any proposed abatement measures. The city may require noise attenuation devices or other mitigation measures to minimize impacts.
F. 
Antennas on Utility Poles. Antennas to be located on utility poles shall be limited to whip antennas, and the antenna shall not exceed the height of the existing pole. No utility pole shall be extended in height in order to accommodate an antenna.
G. 
General Height Standards. The following standards shall apply to WF:
1. 
The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height shall be approved.
2. 
If required, a lightning rod, not to exceed 10 feet in height, and FAA required lighting shall not be included in the height limitations.
3. 
The maximum height of the WF shall not exceed one-third greater than the average height of the structure the antenna is attached to, with height of the structure being measured as in the International Building Code, and shall not exceed the maximum height allowed for buildings in the underlying zone, measured directly from the average grade to the top of the WF.
H. 
Parking. All wireless telecommunications staffed facilities shall have one off-street parking space per staff member. The design of any on-site required parking shall be per the requirements of Chapter 14.12 LMC, as amended.
I. 
Setbacks. Accessory equipment structures for WF shall comply with the setback requirements for buildings in the underlying zoning district. Antennas attached to buildings or other permanent structures shall comply with the setback requirements for buildings in the underlying district.
J. 
Performance Bond. The owner or operator of the WF shall obtain and keep in force throughout the time the facility is located on the site a performance bond payable to the city of Leavenworth in the amount of 150 percent of the estimated cost of removal, as submitted by the owner or operator and approved by the director, but not less than $1,000. The bond is intended to cover the costs of removal of such facility at such time as the facility may be required to be removed pursuant to LMC § 18.74.110.
(Ord. 1205 § 1, 2003)
The following design standards shall be used by the design review board in reviewing design applications for WF within all zoning districts of Leavenworth. In addition, a WF located within any of the commercial zoning districts shall require approval by the design review board, pursuant to the requirements of Chapter 14.08 LMC, Old World Bavarian Architectural Theme. Visual impacts shall be minimized to the greatest extent possible by maximum feasible use of the following design standards. The design review board is authorized to require additional conditions, if necessary, to ensure design compatibility with the surrounding environment.
A. 
A WF shall be located so as to minimize the visibility of the facility and the obstruction of scenic views from adjacent properties.
B. 
Concealment Technology. Concealment technology shall be used to camouflage all permitted wireless facilities, except in the case of accessory equipment structures that are completely screened by landscaping, walls or fences or if the wireless facility is completely located with the interior of a structure. If the facility cannot be located within the interior of a structure, the preferred concealment method shall be design and construction of a structure that is architecturally compatible with the surrounding buildings and area.
C. 
Attached antennas shall be designed or placed to blend with the predominant background or architectural features of the structure they are attached to, as seen from abutting residential uses, commercial uses, public recreational areas, roadways, or other public rights-of-way.
D. 
Painting. WF shall be painted or finished utilizing like colors and materials so that the WF will blend with the dominant color of the background (natural or manmade). The applicant, owner, and/or the operator of the facility shall be responsible for continued maintenance of such paint or finish.
E. 
When located on buildings, panel antennas shall be placed closely against walls or existing parapets, and shall not extend above the wall or parapet unless required to achieve better compatibility with the building design or to obtain antenna function.
F. 
Accessory equipment structures shall be placed underground, wholly enclosed in an existing structure or building, or designed to blend into the architecture and landscaping of the surrounding buildings or structures.
G. 
Ground-mounted dishes shall be solidly screened to at least as high as the center of the dish when viewed from off the site. Solid screening shall be provided as high as the top of the dish on sides adjacent to and visible from all zoning districts, except the light industrial zone. When located in any commercial zoning district, the dish shall be screened per the requirements of LMC § 14.08.070.
H. 
Roof-mounted dishes shall be solidly screened at least as high as the center of the dish. The screening shall be of a material and design compatible with the building. Roof-mounted dishes should be placed as close to the center of the roof as possible to minimize visibility from the surrounding area. When located in any commercial zoning district, the dish shall be screened per the requirements of LMC § 14.08.070.
I. 
Landscaping Standards. Wireless telecommunications facilities shall be subject to landscaping and screening standards. Concealing the facility using architectural means is preferred over screening by landscaping.
1. 
If accessory equipment structures are not camouflaged by utilizing concealment technology, they shall be enclosed by a fence or wall at least six feet in height, and a row of evergreen shrubs, spaced not more than five feet apart and capable of growing to form a continuous hedge at least five feet high within five years of planting, and at least one row of evergreen trees or shrubs spaced not more than 10 feet apart nor less than six feet high when planted shall be installed on the outside of the fence or wall. The vegetation and fence or wall shall totally screen the structure(s) or concealment technology shall be used.
2. 
Landscaping materials shall be selected and sited to produce a hardy and drought resistant landscaped area. Irrigation shall be provided to help ensure survival during the plant establishment period and continued health of the landscaping.
3. 
Maintenance of the landscaped area shall be the responsibility of the owner and/or operator of the facility. Required landscaping must be maintained in a healthy manner. Trees and shrubs that die must be replaced with healthy in-kind materials at the earliest opportunity and no longer than within the next year's growing season. A landscaping maintenance plan shall be submitted as part of the conditional use permit application.
4. 
The design review board may allow the use of any combination of existing vegetation, new landscaping, topography, walls, decorative fences or other features to meet the intent of required landscaping, if the proposal achieves the same degree of screening as the required landscaping. The design review board may waive the standards for those sides of the facility that will not be visible from public streets or other properties.
5. 
When landscaping installation is required, a maintenance bond assignment of funds, or other financial guarantee acceptable to the city shall be provided in the amount of 100 percent of the value of the labor and materials, per city of Leavenworth bond procedures. The guarantee shall be in effect for two years from the date of planting.
(Ord. 1205 § 1, 2003)
No less than 30 days prior to the date that a wireless service provider plans to abandon or discontinue operation of a facility, the provider shall notify the city of Leavenworth department of community development by certified U.S. mail of the proposed date of abandonment or discontinuation of operation. The owner of the facility shall then remove the antenna(s) and all other elements of the facility within 90 days of discontinuation or abandonment, unless an additional period of time is authorized by the director. In any case, if the city finds that any wireless telecommunications facility has not operated for a continuous period of six months, the owner or lessee of the property on which the WF is situated or the owner of the WF shall remove the facility within 90 days of receipt of notice from the city to remove the facility. If the antenna(s) and/or all other elements of the WF are not removed within said time period, the city may remove the antenna or WF at the owner's expense.
(Ord. 1205 § 1, 2003)
Wireless service providers use various methodologies and analyses, including geographically based computer software, to determine the specific technical parameters of their services and low power mobile radio service facilities, such as expected coverage area, antenna configuration, and topographic constraints that affect signal paths, etc. In certain instances, a third party expert may need to review the technical data submitted by a wireless service provider. The city or hearing examiner may require a technical review as part of a permitting process. The cost of the technical review shall be borne by the wireless service provider.
The selection of the third party expert may be by mutual agreement between the provider and the city, or at the discretion of the city, with a provision for the provider and interested parties to comment on the proposed expert and review their qualifications. The expert review is intended to address interference, public safety issues, and a site-specific review of technical aspects of the facilities. The technical review may also review the provider's methodology and equipment used. Based on the results of the expert review, the city or hearing examiner may require changes to or condition the provider's application. The expert review may be required to address the following:
A. 
The accuracy and completeness of submissions;
B. 
The applicability of analysis techniques and methodologies;
C. 
The validity of conclusions reached; and
D. 
Any specific technical issues designated by the city.
(Ord. 1205 § 1, 2003)