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The following minimum development standards shall apply to all wireless communications facilities in addition to any development standards or project review process which applies in the underlying district in which a wireless communication facility is located. In the event of a conflict between the standards of this section and the general development standards of the land use development ordinance or project review process or of the wireless development standards of this chapter for a particular land use designation, the more stringent standards shall govern.

A. Anti-Climbing Devices. All wireless communications support structures and required fencing shall be equipped with appropriate anti-climbing devices.

B. Attachment to Trees Prohibited. It is prohibited to attach any wireless communication facility or portion thereof to any tree.

C. Signage. All wireless communications support structures shall be identified with a nonilluminated sign not exceeding four square feet. 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. No advertising signs shall be located on support structures or antennas; however, antennas may be camouflaged as otherwise permitted signs.

D. Historical Registry/District. Wireless communications facilities locating on any site or existing building that is registered as a local landmark through Chapter 17.90 BMC or is located in the Fairhaven design review district, or any other design review district regulated by the city of Bellingham, shall be subject to the applicable design standards and shall obtain necessary approvals prior to the issuance of building permits.

E. Lighting. Wireless communications facilities shall not be illuminated except where required by the FAA.

F. Painting. Wireless communications facilities shall be painted or finished in a manner which blends with the dominant color of the background except where otherwise required by the FAA. The applicant and the operator of the facility shall have a continuing duty to maintain such paint or finish.

G. Noise from Accessory Equipment. Facilities shall comply with state noise level standards under Chapter 173-60 WAC, as amended. Generators may only be permitted for emergency operation purposes. 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.

H. General Design Standards.

1. Attached antennas (excluding collocated antennas on existing WCF structures) shall be designed or placed to blend with the predominant background or architectural features as seen from abutting residential uses, roadways or other public rights-of-way.

2. When located on buildings, panel antennas shall be placed closely against walls or parapets and not extend above the wall or parapet unless an alternative design is required to (a) achieve better compatibility with the building design or (b) to obtain antenna function.

3. Accessory equipment structures shall be placed underground or wholly enclosed in an existing structure or building, or designed to blend into the architecture and landscaping of the surrounding buildings or structures. When equipment boxes are placed at ground level, landscaping shall be used to screen them.

4. Ground-mounted dishes shall be located outside of any required landscaped area and preferably located in service areas or other less visible locations. They 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 residential zones.

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, and can include penthouse screening, parapet walls, or other similar screening. They should be placed as close to the center of the roof as possible.

5. Antennas on utility poles shall be limited to whip antennas no more than two feet in length and no more than one per pole. No utility pole shall be extended in height in order to accommodate an antenna. No antennas shall be allowed on light standards. Without limiting the generality of the exemption listed in BMC 20.13.030(G), it is specifically noted that the restrictions contained in this subsection do not apply to wireless facilities in the public right-of-way. Wireless facilities in the public right-of-way are separately regulated under Chapter 13.16 BMC.

I. Setbacks Applicable. The following setback standards shall apply to wireless communications facilities:

1. Accessory equipment structures shall comply with the setback requirements for main buildings in the underlying district. Support structures attached to buildings or permanent structures shall comply with the setback requirements for main buildings in the underlying district that are determined by the director to be those applicable to a building of a height equal to that of the combined building/structure and antenna.

2. Freestanding wireless communications support structures located in a residential district shall be set back from any property line by a distance equal to the height of the wireless communications support structure or the setback of the underlying use district, whichever is greater.

3. Freestanding wireless communications support structures located in any other type of district shall be set back from any WCF site property line abutting or adjacent to a residential use district by a distance equal to the height of the wireless communications support structure or the setback of the underlying use district, whichever is greater.

4. Setbacks for freestanding wireless communications support structures shall be measured form the ground-level base of the structure.

5. The setback in any district may be reduced at the sole and absolute discretion of the city subject to satisfaction of the special exception criteria in BMC 20.13.140.

J. Landscaping Standards. Wireless communications facilities shall be subject to the following landscaping and screening standards:

1. The perimeter of the wireless communication support structure and any guyed wires and anchors shall be enclosed by a fence or wall at least six feet in height. 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. These materials shall be installed on the outside of fences.

2. Landscape material should be selected and sited to produce a hardy and drought-resistant landscape area.

3. Maintenance of the landscaped area shall be the responsibility of the applicant 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. Temporary irrigation shall be provided to help ensure survival during the plant establishment period.

4. The city may allow the use of any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping. The city may waive the standards for those sides of the facility that will not be visible from public streets or adjoining properties.

5. Existing vegetation shall be preserved to the maximum extent practicable.

6. 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 50 percent of the value of the labor and materials. The guarantee shall be in effect for two years from the date of planting.

K. General Height Standards. The following standards shall apply to wireless communications facilities:

1. The height of a wireless communications facility shall include the support structure and any attached antennas proposed at the time of application.

2. The applicant shall demonstrate that the tower and antenna is the minimum height required to function satisfactorily. No tower or antenna that is taller than this minimum height shall be approved.

3. A lightning rod, not to exceed 10 feet in height or FAA required lighting shall not be included within the height limitations.

4. The height limitation exemptions of BMC 20.10.070(B) shall not apply to wireless communications support structures and antennas.

5. The height of attached antennas may exceed the height limit of the underlying zone, provided the height limits of this chapter shall apply.

L. Parking. Each wireless communications support structure shall be provided with at least one adjacent parking space or more if needed to accommodate staff. All unstaffed facilities for antennas shall have access to parking for maintenance personnel; however, such parking may be shared or public parking at the discretion of the city. Staffed facilities shall require one parking space per staff under the standard provisions of the zone in which it is located.

M. Performance Bond. The operator of the facility shall obtain and keep in force throughout the time the facility is located on the site a performance bond payable to the city of Bellingham in the amount of 150 percent of the estimated cost of removal as determined 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 BMC 20.13.180.

N. Building and Utility Permits. The applicant for a permit pursuant to this chapter shall apply for building and any other applicable permits and obtain these permits prior to installation. [Ord. 2018-09-014 § 2; Ord. 1998-07-057].