A. 
The purpose and intent of this article is to provide a uniform and comprehensive set of standards for the development of telecommunication facilities and the installation of minor antennas. The regulations contained herein are designed to protect and promote public health, safety and community welfare while at the same time not unduly restricting the development of needed telecommunications facilities and important amateur radio installations. They have been developed to further the policies and principles of the Comprehensive Plan.
B. 
It is furthermore intended that these regulations specifically accomplish the following:
1. 
Protect the visual character of the community from the potential adverse effects of telecommunication facility development and minor antenna installation;
2. 
Protect the environmental resources of the community;
3. 
Create telecommunication facilities that will serve as an important and effective part of the area's emergency response network; and
4. 
Simplify and shorten the process for obtaining necessary permits for telecommunication facilities while at the same time protecting the legitimate interests of the City's citizens.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
A. 
An applicant shall submit an application on a form authorized by the Director and in accordance with these provisions, conditional use permit provisions of Chapter 11, Article 4 (Conditional Use Permit) and Section 10.505 (Application requirements). Application information may include, but shall not be limited to, cross-sectional area calculations, service area maps, network maps, alternative site analysis, visual impact demonstrations including mock ups and/or photomontages, visual impact analysis, title reports identifying legal access, security programs, and lists of other nearby telecommunications facilities. The Director may waive providing some of the required information upon a finding that the information waived is not necessary to process or make a decision.
B. 
The Director is authorized at his or her discretion to employ, on behalf of the City, an independent technical expert to review any technical materials submitted. The Director may require deposits for City technical review. The applicant shall pay all the costs of said review, including any administrative costs incurred by the City. Subject to Oregon Public Records Law, any proprietary information disclosed to the City or the expert hired shall remain confidential and shall not be disclosed to any third party.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
A. 
A conditional use permit authorizing establishment of a telecommunication facility must be renewed every 10 years. The grounds for nonrenewal shall be limited to a finding that:
1. 
The use involved is no longer allowed in the zone involved and does not comply with the provisions of Chapter 12, Article 20 (Nonconforming Uses and Structures);
2. 
The facility fails to comply with the relevant requirements of this article as they exist at the time of renewal and the permittee has failed to supply assurances acceptable to the Director that the facility will be brought into compliance within 120 days;
3. 
The permittee failed to comply with the conditions of approval imposed;
4. 
The facility was not properly maintained; or
5. 
The facility was not upgraded to minimize its impact to the greatest extent permitted by the technology that exists at the time of renewal and is consistent with the provision of service at affordable rates.
The grounds for appeal of issuance of a renewal shall be limited to a showing that one or more of the situations listed above do in fact exist.
B. 
A permit shall automatically expire 10 years after it is issued or upon cessation of use for more than a year, whichever comes first, unless the permit is renewed in compliance with this section. Unless a new use permit is issued within 120 days of the permit's expiration, all improvements installed, including their foundations down to three feet below the surface, shall be removed from the property and the site restored to its natural preconstruction state within 180 days of expiration of permit. Any access road installed shall also be removed and the ground returned to its natural condition unless the property owner establishes to the satisfaction of the Director that the road is necessary to serve some other allowed use of the property that is currently present or to provide access to adjoining parcels.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
The following requirements shall apply to all telecommunications facilities:
A. 
All telecommunication facilities shall meet all the requirements established by the other provisions of the CDO;
B. 
All telecommunication facilities shall comply at all times with all FCC rules, regulations and standards;
C. 
All telecommunication facility installations shall be consistent with applicable open space easements and other similar use restrictions on the subject property; and
D. 
All telecommunication facilities shall maintain a security program that will prevent unauthorized access and vandalism.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
All telecommunication facilities shall be located to minimize their visibility. The following measures shall be implemented:
A. 
No telecommunication facility shall be installed unless the Airport Director or Airport Operations Manager indicates that it will not adversely affect the operation of the airport;
B. 
No telecommunication facility shall be installed at a location where special painting or lighting will be required under FAA regulations unless technical evidence acceptable to the Director or the Commission, is submitted showing that this is the only technically feasible location for this facility;
C. 
No telecommunication facility shall be installed on an exposed ridgeline unless it blends with the surrounding existing natural and man-made environment in such a manner as to be effectively unnoticeable;
D. 
A telecommunication facility that is visible from off site shall not be installed closer than one mile from another visible telecommunication facility unless it is a collocated facility, situated on a multiple user site;
E. 
No telecommunication facility that is visible from off site shall be installed on a site that is not already developed with telecommunication facilities or other public uses unless it blends with the surrounding existing natural and manmade environment in such a manner so as to be effectively unnoticeable or technical evidence acceptable to the Director or Commission is submitted showing a clear need for this facility and the infeasibility of collocating it on another site.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
Telecommunication towers shall be set back at least 20% of the tower height from all property lines and at least 100 feet from any residential property or park. Guy wire anchors shall be set back at least 20 feet from any property line.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
A. 
The height of a telecommunications tower shall be measured from the natural, undisturbed ground surface below the center of the base to the top of the tower or the tip of the highest antenna or equipment attached, if higher. For building-mounted towers, the height of the tower includes the height of the building on which it is mounted. In the case of "crank up" or towers whose height can be adjusted, the height of the tower shall be the maximum height that it may be raised.
B. 
Telecommunications towers may exceed the height limits for the zone if technical evidence acceptable to the Director or Commission is submitted demonstrating unavoidable need or an overall lessened visual impact. In no instance, however, shall the height of a telecommunication tower exceed 150 feet. A broadcast AM radio tower may be up to 250 feet tall when technical evidence has been submitted showing that a tower of the height proposed is necessary to provide service at the frequency being used.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
No telecommunication facility shall be sited that poses a potential hazard to nearby properties or improvements. Any telecommunication tower located at a distance of less than 110% of its height from a habitable structure, property line or other tower shall be designed and maintained to withstand the maximum forces expected from wind, earthquakes and ice when the tower is fully loaded with antennas, transmitters and other equipment and camouflaging. Compliance shall be provided with a report prepared by a structural engineer licensed by the State of Oregon describing the tower structure, specifying the number and type of antennas it is designed to accommodate, providing the basis for the calculations done and documenting the actual calculations performed.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
All telecommunication facilities shall be designed to blend into the surrounding environment to the greatest extent feasible. The following measures shall be implemented:
A. 
Telecommunication towers shall be constructed out of metal or other nonflammable material;
B. 
Telecommunication towers taller than 35 feet shall be monopoles or guyed/lattice towers except where satisfactory evidence is submitted that a self-supporting tower is required to provide the height and/or capacity necessary for the proposed telecommunication use, to minimize the need for screening from adjacent properties or to reduce the potential for bird strikes;
C. 
Telecommunication support facilities (i.e., vaults, equipment rooms, utilities and equipment enclosures) shall be constructed out of nonreflective materials (visible exterior surfaces only);
D. 
Telecommunication support facilities shall be no taller than one story in height and shall be treated to look like a building or facility typically found in the area;
E. 
Telecommunication support facilities in areas of high visibility shall be, where possible, sited below the ridgeline or designed (i.e., placed underground, depressed or located behind earth berms) to minimize their profile; and
F. 
All buildings, poles, towers, antenna supports, antennas and other components of each telecommunications site shall be initially painted and thereafter repainted as necessary with a "flat" paint. The color selected shall be approved by the Director and shall minimize visibility of said structure.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
A. 
All telecommunication facilities providing service to government or the general public shall be designed to survive a natural disaster without interruption in operation. The following measures shall be implemented:
1. 
Nonflammable exterior wall and roof covering shall be used in the construction of all buildings;
2. 
Openings in all buildings shall be protected against penetration by fire and windblown embers;
3. 
The telecommunication tower when fully loaded with antennas, transmitters, other equipment and camouflaging shall be designed to meet seismic zone three UBC construction standards. All equipment mounting racks and equipment used shall be anchored so that an earthquake will not damage the equipment;
4. 
All connections between various components of the facility and with necessary power and telephone lines shall be protected against damage by wildfire, flooding and earthquake; and
5. 
A self-contained emergency power supply capable of operating the facility for at least 24 hours and protected against damage from wildfires and earthquakes shall be installed.
B. 
Demonstration of compliance with the fire requirements above shall be evidenced by a certificate signed by the Fire District No. 1 Fire Chief on the plans submitted.
C. 
Demonstration of compliance with the earthquake requirements above shall be provided by a certification on said plans signed by a structural engineer or other appropriate professional licensed by the State of Oregon.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
All collocated and multiple user telecommunication facilities shall be designed to promote facility and site sharing. Telecommunication towers and necessary appurtenances, including, but not limited to, parking areas, access roads, utilities, equipment and buildings shall be shared by site users to minimize overall visual impact. Applications for collocation of an antenna array to an existing tower shall be made in accordance with Chapter 11, Article 2 (Minor Design Review).
(Ord. 17-10, 2017; Ord. 22-13, 2022)
All building-mounted telecommunication facilities shall be located and designed to appear an integral part of the structure. The following measures shall be implemented:
A. 
Roof-mounted antennas taller than 10 feet and all building-mounted telecommunication towers shall be located no closer to the nearest edge of the roof than the height of the antenna or tower with all antennas and equipment attached;
B. 
Wall-mounted antennas shall be architecturally integrated into the building as appropriate, including painting; and
C. 
Wall-mounted antennas shall be located as close to but no more than four feet from the face of the wall.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
A. 
All telecommunication facilities shall be unlit except for the following:
1. 
A manually operated or motion detector-controlled light above the equipment shed door which shall be kept off except when personnel are actually present at night; and
2. 
The minimum tower lighting required under FAA regulations.
B. 
Where tower lighting is required, it shall be shielded or directed to the greatest extent possible in such a manner as to minimize the amount of light that falls onto nearby residences.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
Access roads and parking areas serving only telecommunication facilities shall be limited to the minimum necessary to operate and maintain the telecommunication facilities. The following measures shall be implemented:
A. 
Access roads shall be limited to 10 feet in width except where safety considerations demonstrated to the satisfaction of the Director demand a greater width with turnouts as required by the Fire Marshal;
B. 
An asphalt apron, a minimum of 20 feet in width and for the entire width of the access road, shall be provided at the intersection with a public right-of-way;
C. 
Existing roads shall, whenever possible, be upgraded and used for access;
D. 
Existing parking areas shall, whenever possible, be used; and
E. 
Any new parking areas shall be no larger than 400 square feet.
Any new roads or parking areas built shall, whenever feasible, be shared with subsequent telecommunication facilities and/or other permitted uses.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
All telecommunication facilities shall be clearly identified as to location and operator to facilitate emergency response. The following measures shall be implemented:
A. 
Address signs shall be installed in conformance with Fire Marshal requirements to provide direction along the access road and the facility, at the entrance of the public way and where needed; and
B. 
A permanent, weather-proof, approximately 16-by 32-inch facility identification sign shall be placed on the fence gate around the equipment building. If there is no fence, the sign shall be placed next to the door of the equipment building. The sign shall identify the facility operator, provide the operator's address and specify a 24-hour telephone number.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
All telecommunications facilities shall be installed in such a manner so as to maintain and enhance existing vegetation. The following measures shall be implemented:
A. 
Existing trees and other screening vegetation in the vicinity of the facility and along the access road and power/telecom line routes involved shall be protected from damage, both during the construction period and thereafter; and
B. 
Additional trees and other landscaping shall be planted and maintained in conformance with Article 13 (Landscaping).
(Ord. 17-10, 2017; Ord. 22-13, 2022)
All telecommunication facilities shall be sited so as to minimize the effect on environmental resources. The following measures shall be implemented:
A. 
No telecommunication facility or related improvements, including, but not limited to, access roads and power lines shall be sited so as to create a significant threat to the health or survival of plant or animal species identified by ODFW as rare, threatened or endangered;
B. 
No telecommunications facility or related improvements shall be sited such that their construction will damage an archaeological site or have an adverse effect on the historic character of a historic feature; and
C. 
No telecommunications facility shall be sited such that its presence threatens the health or safety of migratory birds.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
Nothing in this article shall apply to the siting of a satellite dish less than three feet in diameter as an accessory use in a Residential Zone or less than six feet in diameter as an accessory use in a Nonresidential Zone.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
Minor antennas may be installed, erected, maintained and/or operated in any zoning district so long as all the following conditions are met:
A. 
The underlying use involved is accessory to the primary use of the property, except for telecommunications facilities;
B. 
No more than three minor antennas are present on the parcel, except there shall be no limit on the number of amateur radio antennas;
C. 
The combined effective radiated power radiated by all the antennas present on the parcel is less than 1,500 watts;
D. 
The antenna(s) are not situated between the primary building on the parcel and any public or private street adjoining the parcel;
E. 
The antenna(s) are located no closer than 20 feet to any property line;
F. 
None of the guy wires are anchored or no portion of the antenna area is within the area in front of the primary structure on the parcel;
G. 
No portion of the antenna area extends beyond the property lines;
H. 
At least 10 feet of horizontal clearance exists between the antenna and any power lines;
I. 
All towers, masts and booms are made of a noncombustible material and all hardware such as brackets, turnbuckles, clips and similar type equipment subject to rust or corrosion has been protected either by galvanizing or sherardizing after forming;
J. 
The materials used are not unnecessarily bright, shiny or reflective and are of a color and type that blends with the surroundings to the greatest extent possible; and
K. 
The installation is in compliance with the manufacturer's structural specifications and the requirements of the Uniform Building Code.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
The following standards address public safety and protect minimum aesthetic values in the City:
A. 
Ground and building-mounted satellite dishes may be installed, erected, maintained and/or operated in any zone where minor antennas are permitted so long as all the following conditions are met:
1. 
The applicable setbacks are complied with to assure fire response access between structures;
2. 
Any roof-mounted satellite dish larger than three feet in diameter is located in back of and does not extend above the peak of the roof to maintain the roof line aesthetics of a neighborhood; and
3. 
To maintain the neighborhood's aesthetics and not unreasonably interfere with a neighboring property owner's enjoyment of their property, any ground-mounted satellite dish located less than 20 feet from a property line shall have: (a) low level landscape treatments below its reception window; and (b) screening treatments for the remainder of the satellite dish structure not used for the reception window.
B. 
No person shall place a satellite dish on private property without first submitting sufficient information to the Director, including, but not limited to, a site plan and elevations, to determine compliance with this section. The Director may approve, disapprove or modify the proposed placement. In addition, the Director may require that the satellite dish be of a specific diameter, color or type of construction.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
Ground- and building-mounted panel antennas may be installed, erected, maintained and/or operated in any zone where minor antennas are permitted if the following conditions are met:
A. 
The minimum standards specified in Section 14.990 (Basic requirements for minor antennas) are complied with;
B. 
No more than one other panel antenna is present on the parcel; and
C. 
Any roof-mounted panel antenna with a face area greater than three and one-half square feet is located behind the roof and does not extend above the peak of the roof.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
Ground and building-mounted radio antennas and receive-only television antennas may be installed, erected, maintained and/or operated in any zone where minor antennas are permitted if the following conditions are met:
A. 
The minimum standards specified in Section 14.990 (Basic requirements for minor antennas) are complied with;
B. 
No boom or any active element of the antenna is longer than 15 feet; and
C. 
Any wire antenna that is not self-supporting is supported by objects within the property lines but not within the area in front of the primary structure on the property.
(Ord. 17-10, 2017; Ord. 22-13, 2022)