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Section 1. Purpose. The purpose of this ordinance is to establish comprehensive standards for permitting and siting wireless communication facilities through appropriate zoning and land use controls, to create a competitive environment that does not unreasonable discriminate among providers nor prohibit the provision of personal wireless services within the City of East Wenatchee. Section 2. East Wenatchee Municipal Code section 17.08.120 is amended to read as follows:

17.08.120 Building height. "Building height" means the vertical distance measured from the average elevation of the actual or proposed finished grade around the building to the highest point of a flat roof and the mean height between the eaves and ridge of a pitched roof. For wireless communication facilities, building height shall be measured as the vertical distance between the average finished grade of the ground upon which the tower or facility will be located to the highest point of the tower or structure including any antenna(e).
Section 3.A new section 17.08.384 is hereby added to the East Wenatchee Municipal Code to read as follows:

. 17.08.384 Lot line, front. "Front lot line" means any property line of a lot which abuts a street, other than an alley, is considered the front lot line. Corner lots, or lots bounded by more than one street, shall be considered to have two front lot lines.
Section 4.A new section 17.08.385 is hereby added to the East Wenatchee Municipal Code to read as follows:

17.08.385 Lot line, rear. "Rear lot line" means the property line that is most opposite or most distant from the designated front lot line, and does not intersect any front lot line. Corner lots with two front yards must designate one rear lot line, maintaining the applicable required rear yard. The remaining lot line will be a side lot line. In the case of triangular or otherwise irregularly shaped lots, the rear lot line is a line ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.

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Section 5.A new section 17.0B.3B6 is hereby added to the East Wenatchee Municipal Code to read as follows: 17.08.386 Lot line, side. "Side lot line" means any lot line that is not a front or rear lot line, or any lot line that intersects a front lot line. Section 6. East Wenatchee Municipal Code section 17.0B.525 is amended to read as follows: 17.08.525 Public Facilities. "Public Facilities" means land or structures owned by or operated for the benefit of the public use and necessity, including but not limited to public facilities as defined in RCW 36.70A.030, as amended, and may include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and schools. Section 7.A new section 17.0B.527 is hereby added to the East Wenatchee Municipal Code to read as follows: 17.08.527 Public services "Public services" include fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services. Section B.A new section 17.0B.625 is hereby added to the East Wenatchee Municipal Code to read as follows: 17.08.625 Utility or Utility Services. "Utility" or "Utility Services" means any water, gas, sanitary or storm sewer, electrical, telephone, irrigation, drainage way, natural gas, facility and/or service and all persons, companies or governmental agencies furnishing the same. Section 9.East Wenatchee Municipal Code section 17.0B.630 is amended to read as follows: 17.08.630

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"Front yard" means an open area that extends across the full width of a lot lying between the front lot line and the nearest point of a building measured horizontally and perpendicular from the front lot line . Section 10. to read as follows: East Wenatchee Municipal Code section 17.08.640 is amended

17.08.640 Yard, rear. "Rear yard" means an open area that extends across the full width of a lot lying between the rear lot line and the nearest point of a building measured horizontally and perpendicular from the rear lot line.
Section 11. to read as follows: East Wenatchee Municipal Code section 17.08.650 is amended

17.08.650 Yard, side. "Side yard" means an open area that extends from the front yard to the rear yard between the side lot line and the nearest point of a building measured horizontally and perpendicular from the side lot line
Section 12. A new subsection I. in section 17.24.030 Accessory Uses

(affecting the R-L, R-M, and R-O districts) is hereby added to the East Wenatchee Municipal Code to read as follows:

I.

Large Satellite Dish, Amateur Radio Tower, or Attached Wireless Communication Facility subject to the provisions of Chapter 17.70 EWMC, as the same now exists or may hereafter be amended. A new subsection K. in section 17.32.040 Conditional Uses in

Section 13.

the R-O district is hereby added to the East Wenatchee Municipal Code to read as follows : K. Broadcast Relay Tower Communication Facility subject to the provisions of Chapter 17.70 EWMC, as the same now exists or may hereafter be amended .

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Section 14.

A new subsection AA. in section 17.40.020 Permitted Uses in the

CBD district is hereby added to the East Wenatchee Municipal Code to read as follows: AA. Large Satellite Oishi Amateur Radio Tower, Attached Wireless or Broadcast Relay Tower Communication Facility subject to the provisions of Chapter 17.70 EWMC, as the same now exists or may hereafter be amended. A new subsection U. in section 17.42.020 Permitted Uses in the

Section 15.

G-C district is hereby added to the East Wenatchee Municipal Code to read as follows: U. Large Satellite Dish, Amateur Radio Tower, Attached Wireless or Broadcast and Relay Tower Communication Facility subject to the provisions of Chapter 17.70 EWMC, as the same now exists or may hereafter be amended . A new subsection G. in section 17.46.020 Permitted Uses in the

Section 16.

T-C district is hereby added to the East Wenatchee Municipal Code to read as follows: G. Large Satellite Dish, Amateur Radio Tower, or Attached Wireless Communication Facility subject to the provisions of Chapter 17.70 EWMC, as the same now exists or may hereafter be amended. A new subsection I. in section 17.48.020 Permissive Uses in the

Section 17.

W-I district is hereby added to the East Wenatchee Municipal Code to read as follows

I.

Large Satellite Dish, Amateur Radio Tower, Attached Wireless or Broadcast and Relay Tower Communication Facility subject to the provisions of Chapter 17.70 EWMC, as the same now exists or may hereafter be amended. A new Chapter 17.70, entitled "Wireless Communications

Section 18.

Facilities," is hereby added to the East Wenatchee Municipal Code to read as follows:

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Chapter 17.70 Wireless Communications Facilities (WCF). Sections: 17.70.010 17.70.020 17.70.030 17.70.040 17.70.050 17.70.060 17.70.070 17.70.080 17.70.090 17.70.100 17.70.110 17.70.120 17.70.130 17.70.010 Purpose Relationship to Other Ordinances Definitions Permits and Exemptions Application Materials General Development Standards for all WCF Broadcast and Relay Towers, Satellite Dish, and Amateur Radio Towers . Large Satellite Dish Antenna(s) - Development Standards Amateur Radio Towers - Development Standards Broadcast and Relay Towers - Development Standards Wireless Communications Facilities - Development Standards General Siting Criteria Abandonment Fees Purpose.

The purpose of this ordinance is to establish development regulations for the siting of Wireless Communications Facilities (WCF) and to assure that the siting of WCF is accomplished in a manner that will protect the public health, safety, and welfare of the citizens of the City of East Wenatchee by promoting the goals of this Chapter. The goals of this Chapter are to:
A.

Provide a range of locations in a variety of zones and options for siting; Provide clear performance standards for addressing the siting of WCF; Encourage location of WCF on existing structures, including utility poles, signs, water towers, buildings and on other WCF where feasible; Encourage Co-location and Site Sharing of new and existing WCF; Facilitate the use of public property and structures for siting of WCF; Streamline and expedite permitting procedures in accordance with the intent of state and federal law; Enhance the ability of providers of personal communications services to provide such service quickly, effectively and efficiently; Require adherence to state and federal environmental laws; Ensure air traffic safety for local aviation users, and the general public.
Relationship to Other Ordinances.

B. C. D. E. F. G. H. I.

17.70.020

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A.

Where allowed by law, this ordinance shall supersede all conflicting requirements of other codes and ordinances regarding location and permitting of WCF, except Shorelines, environmental regulations and specific franchises. Franchise. Nothing in this chapter is intended to provide for a franchise, license or permit for the installation of wireless communications facilities within the public rights of way. Franchise agreements remain the discretion of the East Wenatchee City Council.

B.

17.70.030
A.

Definitions.

"Antenna(e) or antenna array" means any system of electromagnetically tuned wires, poles, rods, panels, discs or similar devices used to transmit or receive electromagnetic waves between terrestrial and/or orbital based points; includes but is not.limited to, radio antennas, television antennas, satellite dish antennas, and cellu.lar antennas. The Antenna Array does not include the Support Structure (defined below). 1. Omni-directional (or "whip") antennas which transmit and receive radio frequency signals in a 360-degree radial pattern. For the purpose of this chapter, omni-directional antennas are up to 15 feet in height and up to six inches in diameter; 2. Directional (or "panel") antennas which transmit and receive radio frequency signals in a specific directional pattern of less than 360 degrees; and, 3. Parabolic (or "dish") antennas which are bowl-shaped devices for the reception and/or transmission of communications signals in a specific directional pattern.

B.

"Attached WCF" shall mean an Antenna that is attached to an existing building or structure (Attachment Structure) which structures shall include but not be limited to utility poles, signs, water towers, with any accompanying pole or device (Attachment Device) which attaches the Antenna to the existing building or structures and associated connection cables and an Equipment Facilitate which may be located either inside or outside of the Attachment Structure. An Attachment Structure shall not include an existing or proposed WCF. "Broadcast or relay tower" shall mean a freestanding support structure, attached antenna(s)j and related equipment intended for transmitting, receiving or re-transmitting commercial radio, television, telephone, cellular, or other communications services. This includes, but is not limited to lattice towers, guy towers, and monopoles. "Cellular communications facility" shall mean any unstaffed facility for the transmission of radio frequency signals and includes antennas, equipment shelters, and other equipment necessary to provide wireless transmission and reception utilizing cellular technology for various wireless communication 6

C.

D.

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systems including cellular phones, Personal Communication Systems (PCS), paging, and similar systems. E. "Co-location/Site sharing" shall mean use of a common WCF or common site by two or more wireless license holders, or by one wireless license holder for more than one type of communications technology and/or placement of a WCF on a structure owned and operated by a utility or other public entity. "Equipment facility/shelter" shall mean any structure used to contain ancillary equipment for a WCF which includes cabinets, shelters, a build-out of an existing structure, pedestals and other similar structures. "FCC" or "Federal Communications Commission" shall mean the Federal administrative agency, or lawful successor, authorized to regulate and oversee communications carriers, services and providers on a national level. "Microcell" shall mean a wireless communication facility consisting of an antenna that is either: 1. Four (4) feet in height and with an area of not more than five hundred eighty (580) square inches; or 2. if a tubular antenna, no more than four (4) inches in diameter and no more than six (6) fee in length. I. "Personal wireless services" shall mean commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations. "Personal wireless services facilities" shall mean facilities for the provision of personal wireless services. "Reception window obstruction" shall mean a physical barrier which would block an electromagnetic signal. "Satellite dish antenna(s)" shall mean a type of antenna(s) and supporting structure consisting of a solid, open mesh, or bar configured reflective surface used to receive and/or transmit radio frequency communication signals. Such an apparatus is typically in the shape of a shallow dish, cone, horn, or cornucopia. There are generally two sizes of antenna: 1. "Large satellite dish" shall mean any satellite dish antenna(s) whose diameter is greater than one meter in residential zones or two meters in industrial or commercial zones. 2. "Small satellite dish" shall mean any satellite dish antenna(s) whose diameter less than or equal to one meter located in any zoning district or two meters within industrial or commercial zones. M. "Stealth design or technology" means a wireless facility that mimics something in the surrounding landscape, such as trees, flag poles etc., and is unrecognized as a tower or antennae. The design is intended to be compatible with the environmental and cultural character of the surrounding area.

F.

G.

H.

J. K.

L.

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