To accommodate the increasing communication needs of Warrenton
residents, businesses, and visitors while protecting the public health,
safety, and general welfare, and visual and aesthetic environment
of the City, these regulations are established to:
A. Provide
a process and uniform comprehensive standards for the development
of wireless communication facilities (WCFs);
B. Enhance
the ability to provide communications services to City residents,
businesses, and visitors;
C. Protect
the City's natural resources, historical resources, and visual environment
from potential adverse effects of wireless communication facilities,
through careful design and siting standards.
Wireless communication facilities shall be allowed conditionally in the A-1, A-2, A-3, C-2, I-2, R-C, and OSI zoning districts, upon approval of a conditional use permit pursuant to Chapter
16.220.
Wireless communication facilities are prohibited on all lands
designated as residential, general commercial, mixed-use commercial,
or general industrial by this Code and the City's Comprehensive Plan.
In addition to all standard required conditional use permit
application materials, an applicant for a new WCF or modifications
to an existing WCF shall submit the following information:
A. A
visual study containing, at a minimum, a vicinity map depicting where,
within a one-half-mile radius, any portion of the proposed tower could
be visible, and a graphic simulation showing the appearance of the
proposed tower and accessory structures from two separate points within
the impacted vicinity, accompanied by an assessment of potential mitigation
measures. Such points are to be mutually agreed upon by the Community
Development Director and the applicant.
B. Documentation
of the steps that will be taken to minimize the visual impact of the
proposed facility.
C. A
landscape plan drawn to scale that is consistent with the need for
screening at the site. Existing vegetation that is to be removed must
be clearly indicated and provisions for mitigation included where
appropriate.
D. A feasibility study for the collocation of telecommunication facilities as an alternative to new structures, in conformance with Section
16.148.060. The feasibility study shall include:
1. An inventory, including the location, ownership, height, and design
of existing WCFs within one-half mile of the proposed location of
a new WCF. The Community Development Director may share such information
with other applicants seeking permits for WCFs, but shall not, by
sharing such information, in any represent or warrant that such sites
are available or suitable.
2. If collocation is not feasible, documentation of the efforts that
have been made to collocate on existing or previously approved towers.
Each applicant shall make a good faith effort to contact the owner(s)
of all existing or approved towers and shall provide a list of all
owners contacted in the area, including the date, form and content
of such contact.
3. Documentation as to why collocation on existing or proposed towers
or location on an existing tall structure within one-half mile of
the proposed site is not practical or feasible. Collocation shall
not be precluded simply because a reasonable fee for shared use is
charged or because of reasonable costs necessary to adapt the existing
and proposed uses to a shared tower. The Community Development Director
and/or Planning Commission may consider expert testimony to determine
whether the fee and costs are reasonable. Collocation costs exceeding
new tower development are presumed to be unreasonable.
E. A
report containing the following information:
1. A report from a licensed professional engineer documenting the following:
a. A description of the proposed tower height and design, including
technical, engineering, and other pertinent factors governing selection
of the proposed design. A cross-section of the proposed tower structure
shall be included. If proposed tower is intended to accommodate future
collocation, the engineer shall document that the design is sufficient
for that purpose. If the proposed tower is not intended to allow for
future collocation, the engineer shall provide an explanation why
it is not so intended.
b. The total anticipated capacity of the tower in terms of the number
and types of antennae which can be accommodated. The engineer shall
also describe any limitations on the ability of the tower to accommodate
collocation. The engineer shall describe the technical options available
to overcome those limitations and reasons why the technical options
considered were not used.
c. Documentation that the proposed tower will have sufficient structural
integrity for the proposed uses at the proposed location, in conformance
with the minimum safety requirements of the State Structural Specialty
Code, latest adopted edition at the time of the application.
2. A description of mitigation methods, which will be employed to avoid
ice hazards, including increased setbacks, and/or de-icing equipment.
3. Documentation demonstrating compliance with non-ionizing electromagnetic
emissions standards as set forth by the Federal Communications Commission.
4. Evidence that the proposed tower will comply with all applicable
requirements of the Federal Aviation Administration, the Aeronautics
Section of the Oregon Department of Transportation, and the Federal
Communications Commission.
F. A
description of anticipated maintenance needs, including frequency
of service, personnel needs, equipment needs and potential safety
impacts of such maintenance.
G. If
a new tower is approved, the owner shall be required, as a condition
of approval, to:
1. Record the conditions of approval specified by the City with the
Deeds Records Office in the Office of the County Recorder of the county
in which the tower site is located;
2. Respond in a timely, comprehensive manner to a request for information
from a potential shared use applicant;
3. Negotiate in good faith for shared use by third parties; and
4. Such conditions shall run with the land and be binding on subsequent
purchasers of the tower site.
H. The
planning official may request any other information deemed necessary
to fully evaluate and review the application and the potential impact
of a proposed tower and/or antenna.
I. A
WCF conditional use permit application fee as established by resolution
of the Warrenton City Commission.
In order to encourage shared use of towers, all new WCFs shall
comply with the following collocation standards.
A. To
encourage shared use of towers, a conditional use permit shall not
be required for the addition of antennae to an existing tower that
has been already been designed and permitted to receive additional
antennae arrays. A Type I Administrative Review by the Community Development
Director and compliance with the Uniform Building Code and/or the
State of Oregon Structural Specialty Code is required.
B. The height of an existing support structure may be increased by 10 feet or less for the purpose of accommodating collocation without a discretionary review process by the City, provided that there is no change to the type of tower and tower height is increased by the minimum amount necessary to accommodate the collocated facilities. Increases in height exceeding 10 feet, but not more than 20 feet, beyond the original design shall require the approval of a Type I administrative review permit as provided in Chapters
16.204 and
16.208. Height increases of 20 or more feet for the purpose of accommodating collocation shall require the approval of a conditional use permit.
C. All
collocated facilities, and additions to existing towers, shall meet
all requirements of the State of Oregon Structural Specialty Code,
latest adopted edition. A building permit shall be required for such
alterations or additions. Documentation shall be provided by a licensed
professional engineer, verifying that changes or additions to the
tower structure will not adversely affect the structural integrity
of the tower.
D. All
collocated facilities shall be designed in such a way as to be visually
compatible with the tower structures on which they are placed.
All new WCFs shall comply with the following standards:
A. Tower
Height. Freestanding WCFs shall be exempted from height limitations.
This exemption notwithstanding, the height and mass of the transmission
tower shall be the minimum, which is necessary for its intended use,
as demonstrated in a report prepared by a licensed professional engineer.
B. A
WCF that is attached to an alternative tower structure may not exceed
the height of the alternative tower structure, unless findings are
made by the Planning Commission that such an increase will have a
minimal impact on the appearance of the structure.
C. All
applications for development of new WCFs, or proposals to modify existing
WCFs shall contain written consents from the following agencies: the
FAA, FCC, ODOT Aeronautics Division, and Port of Astoria. This list
is not meant to be an exhaustive list; the applicant is responsible
for assuring that all new development complies with all applicable
local, state, and federal laws.
D. The
City of Warrenton supports use of the newest technology available
to help camouflage WCFs and their support towers. At the writing of
this Development Code (September 2002), the City of Warrenton considers
the following design standard to be of the highest preference to the
City: Collocate monopole with matching short-davit arm antennae array
configurations, painted off-white.