A. 
Commercial use of radio and television and communications facilities are permitted with "conditional approval" under the institutional and public use (IPU) development district of Section 16.12.090. Conditional approval is granted under Section 16.16.220 following the requirements of this chapter.
B. 
Private use of ham radio, amateur sole source emitters, citizen band transmitters, satellite television dish antennas, and structures to support them are permitted by right as an allowable use in any development district following the requirements of this chapter.
(Ord. 99 § 1, 1989)
A. 
Radio and television transmission installations facilitate the communication of sound and visual images across public airwaves. The primary types of transmission include AM, FM, two-way (land mobile) radio, television and fixed point microwave. Reasonable standards for structures and uses providing access to the public airwaves are necessary for the health, safety, enjoyment and economic well-being of the citizens of Happy Valley.
B. 
Nearly all radio frequencies require a line-of-sight pathway between transmitter and receiver; there-fore, transmission facilities must be elevated sufficiently, either by placement on a tower or other structure, to beam signals over the surrounding terrain. Transmission facilities, such as FM radio, television and most two-way radio systems which serve the region, require a high elevation. A limited number of areas are of sufficient elevation, considering technical and regulatory factors. The city contains one of the six high elevation areas in the region that can provide such public service.
C. 
The purpose of this chapter is to preserve the opportunity for continued and growing service from the radio and television broadcast and other communications industries, to preserve the quality of living in residential areas in close proximity to radio and television broadcast facilities and to protect the health and safety of the citizens from adverse impacts of radio frequency (RF) emissions.
(Ord. 99 § 2, 1989; Ord. 296 Att. A)
To promote understanding and accuracy and to promote ease of use of the regulations, the following definitions shall apply throughout this chapter.
"Antenna height"
means the vertical distance between the highest point of the antenna and the ground directly below this point.
"Duty cycle"
means the percentage of time that an emission source actually contributes radio frequency energy to the surrounding environment. (A 24-hour continuously broadcasting source has a duty cycle of 100%.)
"Effective radiated power (ERP)"
means the power input to the antenna, times the numerical power of gain of the antenna relative to the dipole or isotropic radiator, respectively.
"Emergency services communications"
means two-way radio communication, directly associated with the "911" emergency services, including fire, police and emergency medical aid or ambulance service.
"Emission source"
means any device, machine or facility producing nonionizing electromagnetic radiation between 100 KHz and 300 GHz in frequency, with an effective radiated power of one watt or greater.
"Excessive emission level"
means any measured or calculated emission level exceeding the levels allowed by the RF Emission Standards contained in Section 5.08.060.
"Gigahertz (GHz)"
means one billion (1,000,000,000) hertz. (See "hertz")
"Hand-held source"
means an emission source (transmitter) normally held in the hand of, or on the person of, the person operating such source.
"Hertz (Hz)"
means cycles per second. The rate of oscillation of a sine wave from maximum amplitude through minimum amplitude and back to maximum amplitude.
"Intermittent source"
means a signal or emission that is not normally present for more than 15 minutes continuous operation, recurring at random times throughout the day.
"Kilohertz (KHz)"
means 1,000 hertz. (See "hertz")
"Megahertz (MHz)"
means one million (1,000,000) hertz. (See "hertz")
"Microwatt (µW)"
means one millionth (1/1,000,000) of one watt, a measure of electrical power.
"Milliwatt (mW)"
means one thousandth (1/1,000) of one watt, a measure of electrical power.
"Mobile source"
means transmitters and associated antennas attached to or installed in vehicles which normally move about (automobiles, watercraft, aircraft).
"Mounting bracket"
means any device or substance used to affix an antenna to a tower, pole, mast or other structure.
"Point-to-point broadcast"
means to send or transmit electromagnetic waves in a specified single direction, limiting the potential for reception (normally) to one receiving antenna.
(Ord. 99 § 3, 1989)
A. 
The facilities affected by this chapter include:
1. 
Towers, masts, poles and other supporting structures for broadcast/emitting/ receiving antennas;
2. 
VHF and UHF television towers, FM radio towers, two-way radio, fixed point microwave towers; commercial satellite television dish antennas; radio frequency emitting devices, antennas, transmitters and commercial receivers for the five frequency ranges, referenced by the Emission Standards, Section 5.08.060 of this chapter:
100 KHz
—
3 MHz
3 MHz
—
30 MHz
30 MHz
—
300 MHz
300 MHz
—
1,500 MHz
1,500 MHz
—
300 GHz
3. 
Low-power television towers, satellite ground stations, AM radio towers, and building-mounted towers;
4. 
Ham radio, amateur sole source emitters, citizen band transmitters, satellite television dish antennas and structures to support them;
5. 
Accessory uses such as transmitter buildings.
B. 
Facilities not affected by the regulations of this chapter include:
1. 
Uses listed as accessory to the underlying development district which are permitted and including any restrictions or limitations imposed in that underlying development district;
2. 
Radio frequency machines which:
a. 
Have an effective radiated power (ERP) of seven watts or less,
b. 
Are designated and marketed as consumer products, such as microwave ovens and remote control toys.
3. 
Temporary facilities, operating with less than 1,000 watts ERP, for a period of time not to exceed 30 days of consecutive operation, nor more than 120 days of operation in total;
4. 
Military and civilian radars, operating within the regulated frequency ranges, for the purpose of defense or aircraft safety;
5. 
Hand-held, mobile and marine radio transmitters and receivers;
6. 
Two-way communication transmitters utilized on a temporary basis for emergency services communications;
7. 
Emergency or routine repairs, reconstruction or routine maintenance of previously approved facilities or replacement of transmitters, antennas or other components of previously approved facilities which does not create a significant change, as determined by the city, in visual impact or an increase in emission levels;
8. 
Wireless communication facilities subject to Section 16.44.020 (Wireless communications facilities) of this code.
(Ord. 99 § 4, 1989; Ord. 296 Att. A, 2004; Ord. 446 § 1, 2014)
A. 
The intent of the site development standards for commercial facilities is to provide development in a manner resulting in an appearance compatible with the surrounding residential area; protect adjacent property from tower failure, falling ice and other safety hazards; and to protect adjacent areas of human habitation from excessive emission levels.
B. 
Site size and location for new applications:
1. 
Minimum Site Size. The minimum lot area shall be 20,000 square feet. Facilities shall be located only in an institutional and public use (IPU) development district.
2. 
Site size shall be sufficient to:
a. 
Prevent excessive noise levels in excess of 50 dba at the site property lines;
b. 
Protect adjacent areas of human habitation from excessive emission levels.
C. 
Tower, antenna and accessory uses placement for new applications.
1. 
Yards shall meet the following requirements:
a. 
Provide a setback from the base of the tower to the property line equal to the tower height where the property line abuts a residential district or public street;
b. 
Provide yards and setbacks to facilities and their accessory uses at least equal to the required yards of the adjoining development district;
c. 
To have the least impact on the surrounding residential properties. The setbacks and height of the proposed tower must be the minimum required to provide the appropriate and critical line-of-sight path with minimum fresnel clearance above all intervening obstructions that are not under the control of the applicant. Any obstructions that are under the control of the applicant must have documentation as to why they cannot be cleared to minimize line-of-sight obstruction and related reduction in height or setback requirements.
D. 
The tower site must be adequately fenced, gated and landscape buffered from outside trespass and from surrounding properties as follows:
1. 
The site shall have a six-foot high security fence with lockable gate, meeting the requirements of Section 16.20.110, Fencing and Screening, of this code;
2. 
The property lines adjoining residential property shall have a landscape minimum 15 foot wide buffer of evergreen plantings four feet minimum in height when planted that meet the requirements of Section 16.20.100, Landscaping, Street Trees and Buffering. The type of trees and shrubs to be planted shall provide a continuous hedge at least five feet in height within two years. The landscape buffer shall provide the maximum screening height possible without impairing or limiting reception by obstructing antenna line of site or transmitting and receiving capability;
3. 
Native vegetation on the site shall be preserved to the greatest practical extent. The applicant shall provide a site plan showing existing significant vegetation to be removed, and vegetation to be replanted to replace that lost;
4. 
A minimum of two parking spaces shall be provided on each site; an additional parking space for each two employees shall be provided at facilities which require on-site personnel.
E. 
Any new tower application or major addition to an existing tower shall be subject to design review by the planning commission in accordance with Chapter 16.32 of this code. The tower and accessory buildings and equipment design shall be reviewed for size, scale and aesthetic appearance that will create the least visual impact on surrounding properties.
1. 
No "candelabra" type towers shall be permitted. No platforms larger than 10 feet on a side shall be permitted. Platforms shall not be permitted if mounting of required antennas can be accomplished without such platforms.
2. 
The tower height, size and scale shall be the minimum required to provide for the necessary structural capability and required use. Towers designed for greater height and more excessive loading requirements shall not be "scaled back" for use where height and loading capacity requirements are less.
3. 
Towers clustered on the same site shall be of similar height or lower and similar in design, whenever possible. Towers shall be freestanding unless it can be shown that a guyed tower will have less negative visual impact.
4. 
The exterior of any accessory building or equipment shall be painted in a neutral earthtone color to blend with the surroundings as approved by the city. Towers shall be painted silver. If there is heavy vegetation in the immediate area, such towers shall be painted green from the base to the tree line with the remainder painted silver. The tower shall be unlighted. (These requirements may be superceded by other regulatory agencies).
F. 
Plans and calculations must be submitted by an Oregon registered professional engineer to show the adequacy of the structure and foundation and soil conditions for the tower and accessory building or equipment for their intended use and a building permit obtained.
G. 
The tower installation shall be subject to an inspection at least every five years by independent qualified personnel at the owner's expense to verify its structural safety and general maintenance condition. The city shall receive a copy of the report and the owner shall make any recommended corrections deemed necessary within 30 days of the report. If the owner fails to provide the inspection, the city may do so at the owner's expense.
H. 
The owner shall obtain liability insurance for the tower and building installation which names the city as a co-insured. Any and all liability remains with the tower owner and none with the city whatsoever. Prior to the issuance of a building permit, the city shall be provided with a copy of the policy which shall state that there shall be no cancellation of the policy without at least 30 days notice to the city.
I. 
The tower site must have adequate drainage facilities and comply with Section 16.20.160, Surface Water Runoff and Detention, of this code.
J. 
Accessory Uses. Accessory uses shall include only such buildings and facilities necessary for transmission function and satellite ground stations associated with them, but shall not include broadcast studios, offices, vehicle storage areas, nor other similar uses not necessary for the transmission function.
K. 
New Towers. Any application for a new tower shall show the following:
1. 
Documentation of effort to locate on an existing tower and/or reasons why that is not possible. Failure to document a good faith effort to locate on an existing tower or a valid reason for not doing so are grounds for denial;
2. 
The new tower shall be designed to support additional transmitter/antenna systems of equal or greater power to that proposed by the applicant up to the interference and structural limits imposed by the proposed tower height.
(Ord. 99 § 5, 1989)
Frequency Range
Mean Squared 2 Electric (E) Field Strength (V2/m2) 2.
Mean Squared 2 Magnetic (H) Field Strength (A2/m2) 3.
Equivalent Plane-Wave Power Density (mW/cm2) 4.
100 KHz - 3 MHz
80,000 2 5.
0.5 2
20 2
3 MHz - 30 MHz
4,000 (180/f)
0.025 (180/f)
180/f
30 MHz - 300 MHz
800
0.005
0.2
300 MHz - 1500 MHz
4,000 (f/1500)
0.025 (f/1500)
f/1500
1500 MHz - 300 GHz
4,000
0.025
1.0
1. 
All standards refer to root mean square (rms) measurements gathered by an approved method.
2. 
V2/m2 = Volts squared per meter squared.
3. 
A2/m2 - Amperes squared per meter squared.
4. 
mW/cm2 = Milliwatts per centimeter squared.
5. 
f - Frequency in megahertz (MHz).
(Ord. 99 § 6, 1989)
A. 
Private UHF and VHF television, FM radio or ham and short-wave radio and satellite television dish antenna use regulated by the Federal Communication Commission (FCC) are permitted as an outright use in any development district. To balance the city's concerns for an appearance compatible with the neighboring residential property and to protect adjacent property from tower or antenna failure and other safety hazards with the individual's interest in receiving such radio and television signals, the following criteria shall apply to the placement and screening of exterior facilities and equipment for such use:
1. 
UHF and VHF television, FM radio or ham and short-wave radio antennas, towers and guy cables and satellite television dish antennas shall be located only in the rear yard area of a residence and shall be considered a "structure" subject to the setback requirements of the development district in which they are located;
2. 
Towers or antennas placed closer than 30 feet from any adjoining property line shall be screened from the subject property line with evergreen plantings forming a hedge to a maximum height that will not impair or limit reception by obstructing the antenna's line of sight or receiving capability;
3. 
Provide a setback from the base of any tower to the property line equal to the tower height from its base;
4. 
All towers and/or antennas mounted on a building or structure must meet all building code requirements for safety and wind resistance. The supporting structure must be designed by a professional engineer registered in Oregon. An application considered by the city to have possible aesthetic objections shall be subject to design review by the planning commission.
(Ord. 99 § 7, 1989)
A. 
All commercial radio and television broadcast facilities, telephone and other communication facilities subject to this chapter and existing on the date of adoption of the ordinance codified in this chapter shall furnish, on forms provided by the city for that information:
1. 
Name and address of the FCC licensee(s);
2. 
Name and address of owner of the property on which the transmitter, receiver and/or antenna is located;
3. 
Location of transmitter by legal description of the lot(s) or parcel(s) on which it is located and a site plan showing the location of facilities on the property with the existing setbacks from property lines;
4. 
Output frequency of transmitter;
5. 
Type of modulation and class of service;
6. 
Power output of transmitter;
7. 
Effective radiated power;
8. 
Manufacturer, type and model number of tower and antenna;
9. 
Height of antenna and tower above ground;
10. 
Elevation above sea level of ground at the antenna location;
11. 
The call letters assigned to the source, if applicable;
12. 
Date of installation of present transmitter or receiver, of the associated antenna and of the structure, if any, on which the antenna is located;
13. 
Authorizations for siting and operation;
14. 
The basic operating characteristics of the site shall be described such as staffing, time of operation, days of operation, need for sewage disposal facilities, parking facilities, traffic generation and other public facility requirements.
(Ord. 99 § 8, 1989)
A. 
All private UHF and VHF television, FM radio or ham and short-wave radio and satellite television dish antenna facilities subject to this chapter shall furnish, on forms provided by the city for that information:
1. 
Name and address of the FCC licensee(s) and location of the facility if different;
2. 
Location of the exterior tower or antenna on the property with setbacks from the property lines;
3. 
The height of the tower or antenna above its base whether mounted on the ground or on a building and total height above the ground to the top of the tower or antenna;
4. 
Date of installation of the present facility;
5. 
Note any provisions for screening or buffering of facility from adjoining properties.
B. 
All new applications for private facilities subject to this chapter shall be reviewed for conformance to this chapter and approved by the city staff after payment of the applicable fees.
(Ord. 99 § 9, 1989)
A. 
All new applications for commercial television broadcast facilities and other communication facilities subject to this chapter shall be on forms provided by the city for that purpose and shall include:
1. 
Name and address of owner of transmitter and/or antenna of the FCC licensee(s);
2. 
Name and address of owner of property on which the transmitter and/or antenna is located;
3. 
Location of transmitter by legal description of the lot(s) or parcel(s) on which it is located and a site plan showing the location of facilities on the property with the existing setbacks from property lines;
4. 
Output frequency of transmitter;
5. 
Type of modulation and class of service;
6. 
Power output of transmitter;
7. 
Effective radiated power;
8. 
Manufacturer type, model number and design drawings of antenna and tower;
9. 
Height of antenna and tower above ground;
10. 
Elevation above sea level of ground at the antenna location;
11. 
The call letters assigned to the source, if applicable;
12. 
Date of installation of present transmitter, and date of installation of the associated antenna, date of installation of the structure, if any, on which the antenna is located;
13. 
The measured existing cumulative radiation levels, by frequency range, at the point on the property line nearest the radiating source (as measured by radial distance from the antenna) and the point on the property line of the predicted maximum emission level from all effecting sources.
a. 
These measurements shall be made at the time of the expected highest emissions in accord with ANSI C95.3 measurement protocol and shall be made by a qualified licensed engineer with a Federal Communications Commission First Class or General Radio-Telephone License or under the supervision of a registered professional electrical engineer.
b. 
Alternatively, these measurements may be made by whatever means are determined best by a registered professional electrical engineer.
c. 
The effects of contributing sources of frequency below the lower frequency limit of broadband instruments may be appropriately shown by a separate single instant measurement.
14. 
The calculated average radiation levels at the points specified in subsection (A)(13) after installation of the new source, including both the background and the new source;
15. 
The calculated level at the predicted point of maximum radiation off of the property on which the new source is located caused by the new source along with the measured background radiation level at this point. This measurement shall meet the requirements of subsection (A)(13);
16. 
A scaled site plan shall identify the location of each point of measurement and/or calculation, in relation to the subject facility;
17. 
The formulas used for any and all calculations must be clearly described;
18. 
The basic operating characteristics of the site shall be described such as staffing, time of operation, days of operation, need for sewage disposal facilities, parking facilities, traffic generation and other public facility requirements.
B. 
Measurement Exemption. All commercial intermittent single-source facilities, with less than 1,000 watts ERP are exempt from the requirements of subsection (A)(13) of this section.
C. 
If the application includes the request for a new tower the following additional information shall be provided:
1. 
Site plan or plans to scale specifying the location of tower(s), guy anchors (if any), transmission building and/or other accessory uses, access, parking, fences, landscaped areas and adjacent land uses. Such plan shall also demonstrate compliance with other applicable city ordinances;
2. 
Landscape plan to scale indicating size, spacing and type of plantings;
3. 
Report from a professional engineer licensed in the state of Oregon, documenting the following:
a. 
Tower height and design, including technical, engineering, economic and other pertinent factors governing selection of the proposed design. A cross-section of the tower structure shall be included,
b. 
Total anticipated capacity of the structure, including number and types of antennas which can be accommodated,
c. 
Evidence of structural integrity of the tower structure as required by the building official,
d. 
Failure characteristics of tower and demonstration that site and setbacks are of adequate size to contain debris,
e. 
Ice hazards and mitigation measures which have been employed, including increased setbacks and/or deicing equipment,
f. 
Specific design plans indicating the means by which the shared use provisions of this chapter will be met.
4. 
Documentation from Federal Aviation Administration (FAA) that application has been reviewed pursuant to federal aviation regulations, if applicable;
5. 
Documentation from the Oregon state Aeronautics Division specifying painting and/or lighting requirements, if applicable;
6. 
Letter of intent to lease excess space on structure to other users.
D. 
All applications for commercial facilities shall be subject to Section 16.16.220 Conditional use, unless it is for an addition to an approved multi-purpose facility allowing staff approval.
(Ord. 99 § 10, 1989)
A. 
To reduce the negative aesthetic effects caused when towers proliferate, any new towers approved must be multi-purpose providing for shared use. New towers shall be designed to structurally accommodate the maximum number of additional users technically practicable for the tower height approved. The applicant shall provide documentation that shows compliance with this section.
1. 
Such requirements may be reduced if the increased size and scale of the proposed tower significantly exceeds that of existing towers in the area and therefore creates, in the city's opinion, a more onerous visual impact on the surrounding area than the existing towers;
2. 
Consideration shall be given to the increase in size of accessory buildings and equipment to accommodate additional tower users.
B. 
Once a new tower is approved, additional antennas and accessory uses shall be permitted in accordance with the conditions of approval. The city shall be notified of each additional user per Section 5.08.100 of this chapter. Approval of such additional users shall be at the city staff level.
C. 
The owner of a new tower shall be required as a condition of approval to:
1. 
Respond in a timely, comprehensive manner to a request for information from a potential shared use applicant per Section 5.08.050 of this chapter;
2. 
Negotiate in good faith for shared use by third parties, and allow shared use where the third party seeking such use agrees to pay reasonable charges for sharing, and can meet whatever technical requirements are necessary to allow shared use without creating interference.
(Ord. 99 § 11, 1989)
A. 
Nonconforming to Site Development Standards. When an existing facility makes application for an addition (or change) to that facility, under the provisions of this chapter they shall comply with this chapter and the applicable requirements of Title 16.
B. 
Nonconforming to Emission Standards. No radio or television broadcast facility, as regulated by this chapter including existing facilities, shall be permitted to exceed the RF emission standards or cause some other facility to exceed the RF emission standards of Section 5.08.060 or any other applicable emission standard.
(Ord. 99 § 12, 1989)
A variance from the provisions of this chapter may be granted per the requirements of Chapter 16.28.
(Ord. 99 § 13, 1989)
A. 
The city shall prepare an inventory of all facilities affected by this chapter and a plan or map locating such facilities. The inventory shall include those items as outlined in Sections 5.08.080, 5.08.090 and 5.08.100.
B. 
Application fees for new radio and television broadcast and communications facilities shall be those prescribed in city Resolution 87-9.
C. 
Existing facilities shall be notified in writing of the registration requirements of Sections 5.08.080 and 5.08.090 and shall return the completed form within 90 days of the date of notice.
(Ord. 99 § 14, 1989)
A. 
Any person, firm or corporation violating any provisions of this chapter shall be subject to a civil penalty of not more than $500
B. 
Each person, firm or corporation found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this chapter, and any use, occupation, building or structure maintained contrary to the provisions hereof shall constitute a public nuisance.
(Ord. 99 § 15, 1989; Ord. 228 § 1, 2001)