Federal Requirements
--FCC Discussion of Federal vs State+Local height laws
Aligned with the operators are such entities as the Department of Defense, the American Red Cross and local civil defense and emergency organizations who have found in Amateur Radio a pool of skilled radio operators and a readily available backup network. In this situation, we believe it is appropriate to strike a balance between the federal interest in promoting amateur operations and the legitimate interests of local governments in regulating local zoning matters. The cornerstone on which we will predicate our decision is that a reasonable accommodation may be made between the two sides.
25. Because amateur station communications are only as effective as the antennas employed, antenna height restrictions directly affect the effectiveness of amateur communications. Some amateur antenna configurations require more substantial installations than others if they are to provide the amateur operator with the communications that he/she desires to engage in. For example, an antenna array for International amateur communications will differ from an antenna used to contact other amateur operators at shorter distances. We will not, however, specify any particular height limitation below which a local government may not regulate, nor will we suggest the precise language that must be contained in local ordinances, such as mechanisms for special exceptions, variances, or conditional use permits. Nevertheless, local regulations which involve placement, screening, or height of anatennas based on health, safety, or aesthetic considerations must be crafted to accommodate reasonably amateur communications, and to represent the minimum practicable regulation to accomplish the local authority's legitimate purpose.
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Tacoma
3. Licensed amateur (ham) radio stations not exceeding the permitted height requirements of the underlying zone.
Amateur radio tTowers or antenna support structures exceeding the height limit shall be allowed only with approval
of a Conditional Use Permit, in accordance comply solely with the provisions of Section 13.06.640. Modification or
use of such towers for commercial use shall require full compliance with this section. Source
13.06.545 Wireless communication facilities.
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B. Exemptions. The following are exempt from the provisions of this section and shall be permitted in all zones:
1. Antennas and related equipment no more than three feet in height.
2. Wireless radio utilized for temporary emergency communications in the event of a disaster.
3. Licensed amateur (ham) radio stations not exceeding the permitted height requirements of the underlying zone.
Amateur radio tTowers or antenna support structures exceeding the height limit shall by allowed only with approval
of a Conditional Use Permit, in accordancecomply solely with the provisions of Section 13.06.640. Modification or
use of such towers for commercial use shall require full compliance with this section.
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C. Permits required.
1. Where a transmission tower or antenna support structure is located in a zoning district, which allows such use as
a permitted use activity, administrative review, and a building permit shall be required, subject to the project’s
consistency with the development standards set forth in Section 13.06.545.H. In instances where the antenna height
exceeds the height limit of the zoning district or is not allowed as a permitted use activity, a conditional use permit
and building permit shall be required in addition to a demonstration of consistency with all required development
standards. Table A, below, specifies the permits required for the various types of wireless service facilities that meet
the standards of this ordinance.
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F. Site selection criteria. The following criteria shall be utilized to evaluate all conditional use permits, in addition
to the criteria set forth in Section 13.06.640.C:
1. Any applicant proposing to construct an antenna support structure, or mount an antenna on an existing structure,
shall demonstrate by engineering evidence that the antenna must be located at the site to satisfy its function in the
applicant’s grid system. Further, the applicant must demonstrate, by engineering evidence, that the height requested
is the minimum height necessary to fulfill the site’s function within the grid system, and that collocation is not Annual Amendment Application #2011-08 Page 73 of 89
Draft Code Amendments (1-3-11)
feasible. If a technical dispute arises, the Land Use Administrator may require a third-party technical study to
resolve the dispute. The cost of the technical study shall be borne by the applicant or wireless service provider.
2. Applications for necessary permits will only be processed when the applicant demonstrates either that it is an
FCC-licensed wireless communication provider or that it has agreements with an FCC-licensed wireless
communication provider for use or lease of the support structure.
3. Wireless service facilities shall be located and designed to minimize any significant adverse impact on residential
uses. Facilities shall be placed in locations where the existing topography, vegetation, buildings, or other structures
provide the greatest amount of screening.
4. In all zones, location and design of facilities shall consider the impact of the facility on the surrounding
neighborhood and the visual impact within the zoning district.
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H. Development standards. The following special requirements and performance standards shall apply to any
wireless communication tower or wireless facility:
1. Visual impacts. Wireless communication towers or antenna support structures and related facilities shall be
located and installed in such a manner so as to minimize the visual impact on the skyline and surrounding area. The
use of attached antennas, concealed facilities, or the camouflaging of towers, antennas, and associated equipment
shall be usedis strongly encouraged, to the greatest degree technically feasiblepossible, in and adjacent to all
residential districts and in the URX, NRX, RCX, NCX, and CCX Mixed-Use Center Districts. Visual impacts shall
be addressed in the following manner:
a. Site location and development shall preserve the pre-existing character of the surrounding buildings, land use,
and the zoning district to the extent possible, while maintaining the function of the communications equipment.
Wireless communication facilities shall be integrated through location, siting, and design to blend in with the
existing characteristics of the site through application of as many of the following measures as possible (examples
are also provide below):
(1) Existing on-site vegetation shall be preserved, insofar as possible, or improved, and disturbance of the existing
topography shall be minimized, unless such disturbance would result in less visual impact of the site to the
surrounding area;
(2) Towers or mounts shall be screened by placement of the structure among and adjacent to, within 20 feet, of
three or more trees at least 50 percent of the height of the facility;
(3) Location of facilities close to structures of a similar height;
(4) Location of facilities toward the center of the site, and location of roof-mounted facilities toward the interior
area of the roof and the use of screening, in order to minimize view from adjacent properties and rights-of-way;
(5) Provision of required setbacks; and
(6) Incorporation of the antenna, associated support structure, and equipment shelter as a building element or
architectural feature;.
(7) Designing freestanding towers to appear as another structure or object that would be common in the area, such
as a flagpole or tree