HomeMy WebLinkAboutOrdinance 25-019 SVMC 22.120.040 Height Restriction for Emergency Communication TowersCITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 25-019
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, AMENDING MUNICIPAL CODE SECTION 22.120.040 AND
ADOPTING HEIGHT RESTICTIONS FOR COMMUNICATION TOWERS USED FOR
FIRST RESPONDER COMMUNICATIONS, AND OTHER MATTERS RELATING
THERETO.
WHEREAS, the City of Spokane Valley ("City") contracts with the Spokane County
Sheriff's Office ("SCSO") to provide law enforcement services within the City, and receives both
emergency medical and fire protection services from Spokane Valley Fire Department ("Fire
Department") and Spokane County Fire District No. 8 ("Fire District" and collectively with the
Fire Department, "Fire Service Providers"); and
WHEREAS, the SCSO and the Fire Service Providers both contract with Spokane Regional
Emergency Communications ("SREC"), a regional public safety answering point (i.e. a regional
911 call center) formed under RCW 39.34 et seq., to receive calls for emergency response services
(i.e. 911 emergency calls) and dispatch appropriate emergency personnel to respond to
emergencies (hereinafter "emergency communication services"); and
WHEREAS, pursuant to Article 11, Section 11 of the Washington Constitution, the City
of Spokane Valley ("City") is authorized to "make and enforce within its limits all such local
police, sanitary and other regulations as are not in conflict with general laws," which includes the
adoption of regulations governing land uses within the city; and
WHEREAS, emergency communication services being unavailable for any length of time
could foreseeably result in delay or non -delivery of emergency lifesaving services, and therefore
presents an imminent risk of harm to the health, safety, and welfare of persons both in and outside
the City; and
WHEREAS, in order to provide uninterrupted emergency communications to the City and
SREC's other member agencies, Emergency Interim Ordinance 25-013 was passed on July 29,
2025; and
WHEREAS, a duly noticed public hearing was held related to the emergency interim
Ordinance 25-013 on September 16, 2025; and
WHEREAS, Resolution 25-017 was passed on September 16, 2025, reaffirming Ordinance
25-013 and the Finding of Facts; and
WHEREAS, on October 3, 2025, the City issued a State Environmental Policy Act (SEPA)
Determination of Non -significance; and
Ordinance 25-019 Page 1 of 6
WHEREAS, on October 10, 2025, the Washington State Department of Commerce was
notified pursuant to RCW 36.70A.106, providing a 60-day notice of intent to adopt amendments
to Spokane Valley development regulations; and
WHEREAS, on October 23, 2025, the Planning Commission held a public hearing to
receive evidence and information, and to provide an opportunity for public testimony. The
Commissioners subsequently voted five to zero, with two members absent, to recommend that the
City Council deny CTA-2025-0002; and
WHEREAS, the Planning Commission voted four to two, with one member absent, to
approve the Findings and Recommendations for denial as presented on November 13, 2025; and
WHEREAS, the City Council finds that the proposed amendment to SVMC 22.120.040 is
in the best interest of the health, safety, and welfare of the citizens of the City; and
WHEREAS, on December 9, 2025, the City Council provided consensus to proceed
forward with a first reading of the proposed amendment to SVMC 22.120.040.
NOW, THEREFORE, the City Council of the City of Spokane Valley do ordain as follows:
Section 1. Preliminary Findings. The City Council hereby adopts the above recitals as
findings of fact in support of this Ordinance.
Section 2. Findings and Conclusions. SVMC 17.80.150(F) identifies the approval
criteria for an amendment to Titles 17-24 SVMC. The City may approve a Municipal Code Text
amendment if it finds that the proposed text amendment (A) is consistent with the applicable
provisions of the Comprehensive Plan, and (B) bears a substantial relation to public health, safety,
welfare, and protection of the environment. The City Council acknowledges that the Planning
Commission conducted appropriate investigation and study and held a public hearing on the
proposed amendments. The City Council has read and considered the Planning Commission's
findings and recommendation, and makes the following findings and conclusions:
A. Findings: The proposed amendment is consistent with and supported by the
Comprehensive Plan. Emergency service towers are critical infrastructure that act
as the backbone for emergency communications and services to everyone in the
City and the region. This amendment is consistent with the following
Comprehensive goals and policies:
LU-G2 Provide for land uses that are essential to Spokane Valley residents,
employees, and visitors.
Ordinance 25-019 Page 2 of 6
CF-GE Ensure efficient and cost-effective public safety and emergency services.
CF-P7 Maintain a comprehensive emergency management plan that meets the needs of the
city and coordinates with regional emergency planning efforts.
U-P2 Promote the development of citywide communication networks using the most
advanced technology available.
Conclusion: The proposed amendment is consistent with and supported by the
Comprehensive Plan.
B. Findings: The proposed amendment bears a substantial relation to public health,
safety, welfare, and protection of the environment. SREC operates the regional 911
call center that serves the City, Spokane County and other areas in the region. SREC
will be locating their 911 call center and an emergency communications tower to a
site within the Spokane Valley City limits. They have demonstrated that to provide
continuous and reliable emergency communication they require a wireless
communication tower that is 100 feet in height. The code text amendment ensures
that emergency communication services can be provided ensuring the continuation
of emergency services while not allowing additional towers that do not provide first
responder communications to be constructed at the increased height.
Conclusion: The proposed amendment bears a substantial relation to public health,
safety, welfare, and protection of the environment.
Section 3. Amendment. SVMC 22.120.040— Tower Height Limitations is hereby
amended as follows:
The support tower, antenna array, and supporting electrical and mechanical equipment shall be
installed using stealth technology. Stealth technology applies to all personal wireless service
facilities, including, without limitation, antennas, towers and equipment structures. For any
facility, stealth technology means the use of both existing and future technology through which a
personal wireless service facility is designed to resemble an object which is already present in
the local environment, such as a tree, streetlight, or traffic signal. It also includes:
A. For personal wireless service support towers:
1. If within existing trees, "stealth technology" means:
a. The tower is to be painted a dark color;
b. Is made of wood or metal; and
c. A greenbelt easement is required to ensure permanent retention of the surrounding
trees.
2. Stealth technology for towers in a more open setting means that they must have a
backdrop (for example, but not limited to, trees, a hillside, or a structure) on at least two
Ordinance 25-019 Page 3 of 6
sides, be a compatible color with the backdrop, be made of compatible materials with the
backdrop, and that architectural or landscape screening be provided for the other two sides.
If existing trees are the backdrop, then a greenbelt easement is required to ensure
permanent retention of the surrounding trees.
3. Antennas shall be integrated into the design of any personal wireless service tower to
which they are attached. External projections from the tower shall be limited to the greatest
extent technically feasible.
4. For rooftop antennas or antennas mounted on other structures:
a. For omnidirectional antennas 15 feet or less above the roof, stealth technology
means use of a color compatible with the roof, structure or background;
b. For other antennas, stealth technology means use of compatible colors and
architectural screening or other techniques approved by the City.
B. For antennas mounted on one or more building facades, stealth technology means use of color
and materials such that the facility has architectural compatibility with the building. It shall be
mounted on a wall of an existing building in a configuration as flush to the wall as technically
possible and shall not project above the wall on which it is mounted.
C. For equipment structures, stealth technology means locating within a building, or if on top of
a building, with architecturally compatible screening. An underground location, or above ground
with a solid fence and landscaping, is also considered stealth technology.
D. Advertising or display shall not be located on any support tower or antenna array; however,
the owner of the antenna array shall place an identification plate indicating the name of the
wireless service provider and a telephone number for emergency contact on the site.
E. No artificial lights other than those required by the FAA or other applicable authority shall be
permitted. All security lights shall be down -shielded, and installed to be consistent with
Chapter 22.60 SVMC.
F. The facility shall be enclosed by a sight -obscuring secured fence not less than six feet in
height with a locking gate. No barbed wire or razor wire shall be permitted.
G. The support tower foundations, equipment shelters, cabinets or other on -the -ground ancillary
equipment shall be buried below ground or screened with a sight -obscuring secured fence not
less than six feet high. The requirement for a sight -obscuring fence may be waived provided the
applicant has secured all on -the -ground ancillary equipment in a locked cabinet designed to be
compatible with and blend into the setting, and the means of access for the support tower is
located a minimum of 12 feet above the ground.
Ordinance 25-019 Page 4 of 6
H. All support structure(s) for wireless communication antennas shall have their means of access
located a minimum of eight feet above the ground unless the requirement for a fence has been
waived.
I. The support tower shall meet the minimum primary structure setback requirements for the
underlying zone.
J. Support towers shall not be permitted inside a public park, public monument or private holding
located within a public park or public monument.
K. The height of the support tower or antenna array above grade shall not exceed the maximum
height identified in Table 22.120-1. The height of a support tower shall include antenna, base
pad, and other appurtenances and shall be measured from the finished grade of the parcel.
Table 22.120-1 — Tower Height Limitations
Zone
Antenna Array
Support Tower
R-1, Single -Family
Residential Estate
R-2, Single -Family
Residential Suburban
R-3, Single -Family
Residential Urban
20 feet above the zoning height limitation
60 feet'
MFR, Multifamily
or 16 feet above existing structure
Residential
Mixed Use (MU)
Corridor Mixed Use (CMU)
Neighborhood Commercial
(NC)
Regional Commercial (RC)
20 feet above the zoning height limitation
20 feet higher than the maximum height allowed
Industrial Mixed Use (IMU)
or 20 feet above existing structure
in the zone or 80 feet whichever is less''
Industrial (1)
'Wireless communication services for first responder communications in the MU, CMU RC IMU and I zones shall be
allowed a tower height of uv to 100 feet and an additional 20 feet of height for attached antenna arrayfor a total height of up
to 120 feet.
'-An additional 20 feet in height for each additional antenna array collocated on the support tower, up to a maximum tower
height of 100 feet, including the height of all antennas.
Section 4. Other sections unchanged. All other provisions of section SVMC
22.120.040 not specifically referenced hereto shall remain in full force and effect.
Ordinance 25-019 Page 5 of 6
Section 5. Ratification. Any act consistent with the authority set forth herein and prior
to the effective date of this Ordinance is hereby ratified and affirmed.
Section 6. Severabili1y. If any section, sentence, clause or phrase of this Ordinance is
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause, or phrase of this Ordinance.
Section 7. Effective Date. This Ordinance shall be in full force and effect five days
after publication of this Ordinance or a summary thereof in the official newspaper of the City of
Spokane Valley as provided by law.
Passed by the City Council this 161h day of December 2025.
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Pam Haley, Mayo
ATTEST:
&I W" Zt-r, mo
City Cl rk, Marci Patterson
Approved as to
Ordinance 25-019 Page 6 of 6