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1997-08882-Ordinance No. 97-017 Recorded 3/14/199797^10s111Ct56_2269 ?Q;G_V1 )e``JD BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Titles 18 and 22 of the Deschutes County Code Regarding Interim Regulations for Siting Wireless Telecommunications Fac i lities and Declaring an Emergency. ORDINANCE NO. 97-017 AUNTY CI._�tt� WHEREAS, Deschutes County is experiencing an increase in numbers of land use applications for wireless telecommunications facilities; and WHEREAS, those applications have generated conflict due to the impacts of such facilities; and WHEREAS, Deschutes County wishes to address wireless telecommunications siting issues on an interim basis in a manner that serves the needs of wireless telecommunications carriers while minimizing to the extent practicable the visual impacts associated with wireless telecommunication facilities; and WHEREAS, the County seeks to provide a wide range of locations and to encourage creative approaches in locating wireless telecommunications facilities; and WHEREAS, the County seeks to comply with the requirements of the Telecommunications Act of 1996; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. Amendment of Chapter 18.04. Deschutes County Code Chapter 18.04, "Definitions;' is hereby amended to amend Section 18.04.1315, "Utility Facilities," and to add anew definition of "Wireless TelecommunicationFacility," as set forth in Exhibit A, attached hereto and by this reference incorporated herein. Section 2. Amendment of Chapter 18.32. Deschutes County Code Section 18.32.030, "MUA-10 - Conditional Uses," is hereby amended to read as set forth in Exhibit B, attached hereto and by this reference incorporated herein. Section 3. Amendment of Chapter 18.60. Deschutes County Code Section 18.60.030, "RR -10 - Conditional Uses," is hereby amended to read as set forth in Exhibit C, attached hereto and by this reference incorporated herein. Section 4. Amendment of Chapter 18.61. Deschutes County Code Section 18.61.040, "UUC -Industrial District," is hereby amended to read as set forth in Exhibit D, attached hereto and by this reference incorporated herein. Section 5. Amendment of Chapter 18.64. Deschutes County Code Section 18.64.030, "RSC - Conditional Uses," is amended to read as set forth in Exhibit E, attached hereto and by this reference incorporated herein. PAGE 1 - ORDINANCENO.97-017 (3-12-97) 1 r.C' t.OF;;.N,E? 1 `997 t;F,ZPN -:ED vIAK 10 i f:;r' 0156-227#0 Section 6. Amendment of Chapter 18.68. Deschutes County Code Section 18.68.030, "RSR -M - Conditional Uses," is amended to read as set forth in Exhibit F, attached hereto and by this reference incorporated herein. Section T Amendment of Chapter 18.116. Deschutes County Code Chapter 18.116, "Supplementary Provisions," is amended to add a new provision as set forth in Exhibit G, attached hereto and by this reference incorporated herein. Section 8. Amendment of Chapter 18.128. Deschutes County Code Section 18.128.040, "Specific Use Standards," is amended to amend Subsection 18.128.040(CC)and to add anew Subsection asset forth in Exhibit H, attached hereto and by this reference incorporated herein. Section 9. Amendment of Title 22. Deschutes County Code Section 22.08.005, "Preapplication Conference," is amended to read as set forth in Exhibit I, attached hereto and by this reference incorporated herein. Section 10. Adoption of Color Pallet. The following colors from the color pallet attached hereto as Exhibit J (and incorporated herein by reference) or a comparable shade from an alternative color pallet shall be available for use in the exterior finish for wireless telecommunication fac i I ities: Semi -Gloss Colors: Northwest Dark Green (174099), Evergreen (S4085), River Green (F4062), Northwest Beige (W7806), and Fjord Blue (F5048). Muted Colors: ODOT Green (F4272), Bridge Green (F4223), Narrows Green (W4003), Rich Brown (170059), Wisconsin Blue (F5240), Alberta Blue (W5500); Sand (W7300), Sequoia Dusk (W7100), Concrete Grey (F6357), and Columbia Grey (W6002). The attached color pallet is used for illustrative purpose only and its use does not endorse any particular brand of exterior finish. Section 10. Additions and Deletions. Additions are shown in underlined type and deletions are shown in tr-iket g Section 11. Severability. The provisions of this ordinance are severable. If any section, sentence, clause or phrase of this ordinance is adjudged to be invalid by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this ordinance. Section 12. Codification. County Legal Counsel shall have the authority to format the provisions contained herein in a manner that will integrate them into the County Code consistent with the Deschutes County Form and Style Manual for Board Documents. Such codification shall include the authority to make such changes, to make changes in numbering systems and to make such numbering changes consistent with interrelated code sections. In addition, as part of codification of these ordinances, County Legal Counsel may insert appropriate legislative history reference. Any legislative history references included herein are not adopted as part of the substance of this ordinance, but are included for administrative convenience and as a reference. They may be changed to correct errors and to conform to proper style without action of the Board of County Commissioners. PAGE 2 - ORDINANCENO.97-017 (3-12-97) 0156-2271 Section 13. Emergency. This Ordinance being necessary for the immediate preservation of the public peace, health, and safety, an emergency is declared to exist, and this Ordinance take effect on its passage. DATED this 12th day of March, 1997. eTTE,I: Recording Secretary PAGE 3 - ORDINANCE NO. 97-017 (3-12-97) Exhibit A to Ordinance 97-017 18.04.1315. Definition -Utility facility. "Utility facility" means any major structures, excluding hydroelectric facilities, owned or operated by a public, private or cooperative electric, fuel, communications, sewage or water company for the generation, transmission, distribution or processing of its products or for the disposal of cooling water, waste or by- products, and including power transmission lines, major trunk pipelines, power substations, telecommunications facilities, water towers, sewage lagoons, sanitary landfills and similar facilities, but excluding local sewer, water, gas, telephone and power distribution lines, and similar minor facilities allowed in any zone. This definition shall not include wireless telecommunication fac i lities where such facilities are listed as a separate use in a zone. 18.04.1342. Definition - Wireless TelecommunicationsFacility. "Wireless telecommunications facility" means an unstaffed facility for the transmission or reception of radio frequency (RF) signals usually consisting of an equipment shelter, cabinet or other enclosed structure containing electronic equipment, a support structure such as a self-supporting monopole or lattice tower, antennas, microwave dishes or other transmission and reception devices. This definition includes "personal wireless services facilities'' as defined under the Telecommunications Act of 1996. PAGE 1 - Exhibit A to ORDINANCE NO. 97-017 (3-12-97) 0156-22 12 Exhibit B to Ordinance 97-017 01,56-2273 product in order to enable its shipment to market. 18.32.030. Conditional uses permitted. The following uses may be allowed subject to chapter 18.128 of this title: A. Public use. B. Semipublic use. C. Commercial activities in conjunction with farm use. The commercial activity shall be associated with a farm use occurring on the parcel where the commercial use is proposed. The commercial activity may use, process, store or market farm products produced in Deschutes County or an adjoining county. D. Dude Ranch. E. Kennel and/or veterinary clinic. F. Guest house. G. Manufactured home as a secondary accessory farm dwelling, subject to the requirements set forth in section 18.116.070. H. Exploration for minerals. I. Private parks, playgrounds, hunting and fishing preserves, campgrounds, motorcycle tracks and other recreational uses. J. Personal use landing strip for airplanes and helicopter pads, including associated hangar, maintenance and service facilities. No aircraft may be based on a personal -use landing strip other than those owned or controlled by the owner of the airstrip. Exceptions to the activities permitted under this definition may be granted through waiver action by the Aeronautics Division in specific instances. A personal use landing strip lawfully existing as of September 1, 1975, shall continue to be permitted subject to any applicable regulations of the Aeronautics Division. K. Golf courses. L. Home occupations. M. A facility for primary processing of forest products, provided that such facility is found to not seriously interfere with accepted farming practices and is compatible with farm uses described in Oregon Revised Statutes 215.203(2). Such a facility may be approved for a one-year period which is renewable. These facilities are intended to be only portable or temporary in nature. The primary processing of a forest product, as used in this section, means the use of a portable chipper or stud mill or other similar method of initial treatment of a forest Forest products, as used in this section, means timber grown upon a parcel of land or contiguous land where the primary processing facility is located. N. Destination resorts. O. Planned developments. P. Cluster developments. Q. Landfills when a written tentative approval by the Department of Environmental Quality (DEQ) of the site is submitted with the conditional use application. R. Time-share unit or the creation thereof. S. Hydroelectric facility, subject to sections 18.116.130 and 18.128.040(V). T. Storage, crushing and processing of minerals, including the processing of aggregate into asphaltic concrete or portland cement concrete, when such uses are in conjunction with the maintenance or construction of public roads or highways. U. Bed and breakfast inn. V. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland subject to sections 18.120.050 and 18.128.040(W). W. Churches, subject to chapter 18.124 and section 18.128.040(D) of this code. X. Private or public schools, including all buildings essential to the operation of such a school. Y. Utility facility necessary to serve the area subject to the provisions of chapter 18.124 of this code. Z. Cemetery, mausoleum or crematorium. AA. Commercial horse stables. BB. Horse events, including associated structures, not allowed as a permitted use in this zone. CC. Manufactured home park on a parcel in use as a manufactured home park prior to the adoption of PL -15 in 1979 and being operated as of June 12, 1996 as a manufactured home park, including any expansion of such uses on the same parcel, as configured on June 12, 1996. DD. Wireless telecommunications facility, except those facilities meeting the requirements of Section 18.116.250. (Ord. 96-038 § 1, 1996; Ord. 94-053 § 2, 1994; Ord. 94-008 § 11, 1994; Ord. 93-043 § 4B, 1993; Ord. PAGE 1 - EXHIBIT B to ORDINANCENO.97-017 (3-12-97) 0156-22'74 93-043 § 4A, 1993; Ord. 92-055 § 2, 1992; Ord. 91-038 § 1, 1991; Ord. 91-020 § 1, 1991; Ord. 90-014 §§ 27 and 35, 1990; Ord. 91-005 §§ 19 and 20, 1991; Ord. 91-002 § 7, 1991; Ord. 86-018 § 7, 1986; Ord. 83-033 § 2, 1983; Ord. 80-206 § 3, 1980) PAGE 2 - EXHIBIT B to ORDINANCENO.97-017 (3-12-97) 0156-22 1 5 Exhibit C to Ordinance 97-017 S. Private or public school, including all 18.60.030. Conditional uses permitted. buildings essential to the operation of such a school. The following uses may be allowed subject to T. Manufactured home park on a parcel in use as chapter 18.128 of this title: a manufactured home park prior to the adoption of A. Public park, playground, recreation facility PL -15 in 1979 and being operated as of June 12, or community center owned and operated by a 1996 as a manufactured home park, including government agency or nonprofit community expansion of such uses on the same parcel, as organization. configured on June 12, 1996. B. Dude ranch. U. Wireless telecommunications facilities, C. Home occupation. except those facilities meeting the requirements of D. Personal use landing strip for airplanes and DCC 18.116.250. helicopter pads, including associated hangar, maintenance and service facilities. A personal use landing strip as used in this section means an airstrip restricted, except for aircraft emergencies, to use by the owner and, on an infrequent and occasional basis, by invited guests. No aircraft may be based on a personal -use landing strip other than those owned or controlled by the owner of the airstrip. Exceptions to the activities permitted under this definition may be granted through waiver action by the Aeronautics Division in specific instances. A personal -use landing strip lawfully existing as of September 1, 1975, shall continue to be permitted subject to any applicable regulations of the Aeronautics Division. E. Planned development. F. Cluster development. G. Recreation -oriented facility requiring large acreage such as off-road vehicle track or race track, but not including a rodeo grounds. H. Landfill when a written tentative approval by Department of Environmental Quality (DEQ) of the site is submitted with the application. I. Cemetery. J. Time-share unit or the creation thereof. K. Hydroelectric facility, subject to sections 18.116.130 and 18.128.040(V). L. Bed and breakfast inn. M. Golf course. N. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland subject to sections 18.120.050 and 18.128.040(W). O. Church. P. Public Uses. Q. Semipublic Uses. R. Commercial horse stables. PAGE 1 - EXHIBIT C to ORDINANCE NO. 97-017 (3-12-97) (Ord. 96-038 § 2, 1996; Ord. 96-021 § 1, 1996; Ord. 94-008 § 13, 1994; Ord. 93-043 §§ 8A and 813, 1993; Ord. 92-004 § 10, 1992; Ord. 91-038 § 1, 1991; Ord. 91-020 § 1, 1991; Ord. 91-005 § 32, 1991; Ord. 90-014 § 22, 1990; Ord. 86-018 § 13, 1986; Ord. 83-033 § 5, 1983) Exhibit D to Ordinance 97-017 18.61.040. Industrial District. A. Uses Permitted Outright The following uses and their accessory uses are permitted outright: 1. Agricultural use as defined in this title. 2. Excavation, grading or fill and removal activities involved in creation of a wetland in areas not requiring a conditional use permit for fill or removal. 3. Class I and 11 road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by Section 18.116.230. 4. Class III road or street project. 5. Forest operation and forest practice including, but not limited to, reforestation of forest land, road construction and maintenance, harvesting of a forest tree species, application of chemicals and disposal of slash. B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to Section 18.61.040(D)(3)(b) and other applicable provisions of this chapter and Chapters 18.116, Supplementary Provisions, and 18.124, Site Plan Review, of this title: 1. Expansion of a valid use existing on December 5, 1994. 2. Public use compatible with industrial uses. 3. Uses that require proximity to rural resources, as defined in OAR 660-04-022(3)(a). 4. Scientific research or experimental development of materials, methods or products, including engineering and laboratory research. 5. Light manufacturing, assembly, fabricating or packaging, and wholesale distribution. 6. Cold storage plant, including storage and office. 7. Kennel or veterinary clinic operated entirely within an enclosed building. 8. Processing use such as bottling plant, creamery, laboratory, blueprinting and photocopying, laundry, carpet and rug cleaning plant, cleaning and dyeing plant, tire retreading, recapping and rebuilding. 9. Contractor's equipment storage or sale yard, house mover, delivery vehicles, transit storage, trucking terminal and used equipment in operable condition. 0156-22'76 10. Manufacture of concrete products and ceramic products using only previously comminuted raw materials. 11. All types of automobile, motorcycle, boat, trailer and truck sales, service, repair, storage and rental. 12. Retail or combination retail/wholesale lumber and building materials yard, not including concrete mixing. 13. Manufactured home sales and service. 14. Plant nursery and greenhouse. C. Conditional Uses Permitted The following uses may be allowed subject to the applicable provisions of this chapter and Chapters 18.124, Site Plan Review, and 18.128, Conditional Use, of this title: 1. Mini -storage facility. 2. Hydroelectric facility, subject to Sections 18.116.130 and 18.128.040(V). 3. Asphalt plant. 4. Lumber manufacturing and wood processing including pulp and paper manufacturing. 5. Electrical substation. 6. Concrete, asphalt and ready -mix plant. 7. Petroleum products storage and distribution. 8. Storage, crushing and processing of minerals, including the processing of aggregate into asphaltic concrete or portland cement concrete. 9. Commercial feedlot, stockyard, sales yard, slaughterhouse and rendering plant. 10. Railroad track, freight depot and related facilities. 11. Agricultural products storage and processing plant. 12. Transfer station. 13. Automotive wrecking yard totally enclosed by a sight -obscuring fence. 14. Any use permitted by Section 18.61.040(B) that is expected to: a. Require lot coverage in excess of 70 percent; b. Require more than one acre of land; or c. Generate any odor, dust, fumes, glare, flashing lights or noise that would be perceptible without instruments 500 feet from the property line of the subject use. 15. Service commercial use, such as office, restaurant, cafe, refreshment stand, bar and tavern, PAGE 1 - EXHIBIT D to ORDINANCE NO. 97-017 (3-12-97) whose primary purposes is to serve industrial uses in the surrounding area, provided that such use is allowed as part of an Industrial Park Master Plan. 16. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250, subject only to the requirements of Chapter 18.128. PAGE 2 - EXHIBIT D to ORDINANCE NO. 97-017 (3-12-97) 0156-227"1 0156-2278 Exhibit E to Ordinance 97-017 18.64.030. Conditional uses permitted. The following uses may be allowed subject to chapter 18.128 of this title: A. Commercial residential use. B. Multi -family dwelling. C. Tourist or travelers accommodations. D. Manufactured home park and travel trailer park. E. Kennel or veterinary clinic. F. Automobile repair garage. G. Commercial amusement or recreation establishment. H. Water supply and treatment facility. I. Hog and mink farm. J. Cluster development. K. Planned development. L. Home occupation. M. Time-share unit or the creation thereof. N. Shopping complex subject to a master plan and consistent with the specific use standards established by section I8.128.040(T). O. Mini -storage facility. P. Church, school or cemetery. Q. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland subject to sections 18.120.050 and 18.128.040(W). R. Public Use. S. Semipublic Use. T. Wireless telecommunications facilities, except those facilities meetingthe h�quirements of section 18.116.250. (Ord. 94-053 § 3, 1994; Ord. 93-043 § 9A, 1993; Ord. 91-038 § 1, 1991; Ord. 91-005 § 34, 1991; Ord. 84-023 § 3, 1984; Ord. 83-033 § 6, 1983) PAGE 1 - EXHIBIT E to ORDINANCE 97-017 (3-12-97) Exhibit F to Ordinance 97-0170156-2 % 9 18.68.030. Conditional uses permitted. The following uses may be allowed subject to chapter 18.128 of this title: A. Two-family dwelling. B. Private schools. C. Water supply and treatment facility. D. Medical clinic or veterinary clinic. E. Sewage disposal and treatment facility. F. Cluster development. G. Planned development. H. Home occupations. I. Time-share unit or the creation thereof. J. Bed and breakfast inn. K. Multi -family housing where community or municipal sewer is available. L. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland subject to sections 18.120.050 and 18.128.040(W). M. Mobile home park subject to the density of the underlying zone. N. Public Use. O. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250. (Ord. 94-053 § 4, 1994; Ord. 93-043 § 10A, 1993; Ord. 91-038 § 1, 1991; Ord. 91-005 § 36, 1991; Ord. 83-033 § 7, 1983) PAGE 1 - EXHIBIT F to ORDINANCE NO. 97-017 (3-12-97) Exhibit G to Ordinance 97-017 01566 - ogt 8 Section 18.116.250, Wireless Telecommunications Facilities. Wireless telecommunications facilities that do not require aviation lighting, that utilize natural wood colors or muted tones from amongst colors approved by Ordinance 97-017 and that meet the following standards are allowed outright in any zone other than the Forest Zones and shall not be subject to any other provision of the zone: 1. Facilities established by co -locating an additional set of antennas on an existing utility or wireless telecommunication tower or monopole. 2. Facilities that make use of or replace existing power or telephone utility_poles or towers along roadways or in transmission line corridors for Siting of antennas and which do not require a building permit for an equipment shelter, provided any walk-in equipment shelter is set back out of any road right-of-way at least 20 feet back from the pole location and any necessary road right-of-way permits are acquired from the Department of Public Works. Equipment cabinets shall be subject only to road right of way setback requirements. The pole location shall not be fenced. Such facilities shall not exceed the height of the existing tower or pole by more than 15 feet. 3. Facilities that are established by attaching or placing an antenna on an existing structure not designated as an historic structure, where the antenna array does not exceed the height of the building or structure by more than 15 feet and no additional equipment shelter is visible from the ground. 4, Facilities that require installation of a new tower or monopole that are not sited on irrigated land and that meet any one of the following standards for each lot line of the parcel on which the facility will be located: a. The tower or monopole would be set back from the lot lines of the subject parcel a minimum distance of five (5) feet for each one (1) foot of tower or monopole height. The height of the pole or tower shall be measured from the lowest lot line elevation to the highest point of the pole or tower above the arade. b. The tower or monopole would be set back a minimum distance of no less than 30 feet from land that is owned by a public entity that is not a park, a scenic waterway, or a road right-of-way. c. The applicant causes to be recorded in the County deed records a waiver on a form provided by the County and signed by each property owner with a lot line within the height and the setback requirements of subsection (a) waivingthose hose setbacks and specifying the height, width, and location of the tower or monopole. d. The base of the tower or pole, any equipment shelters or cabinets and any security fencing are screened by existing or planted vegetation meeting an initial performance standard of 5 -gallon evergreens planted 5 feet on center. e. The facility is not located in an LM zone. PAGE 1 - EXHIBIT G to ORDINANCE NO. 97-017 (3-12-97) Exhibit H to Ordinance 97-017 18.128.040 Specific Use Standards CC. Microwave and radio communication towers in the SM zone. A conditional use permit for siting of a microwave or radio communication tower and accessory equipment structures in the SM Zone shall be subject to the criteria of 18.128.040(DD) and the followingtkese criteria: 1. Towers shall be limited to monopole towers of under 150 feet and lighted only as prescribed by aviation safety regulations. 2. Towers and accessory equipment structures shall be located only on portions of an SM -Zoned site that do not overlay economically viable mineral or aggregate deposits and that minimize conflicts with mining operations at the site. 3. Such facilities proposed in an SM Zone where the underlying or surrounding comprehensive plan designation is for forest use must demonstrate compliance with the criteria set forth in section 18.36.040 of this title. 4. No new parcels or lots shall be created for siting of the proposed tower. 5. Such facilities must not conflict with any site plan which has been previously approved by the county. DD. Wireless TelecommunicationsFacilities. An application for a conditional use permit for a wireless telecommunications facility or similar facilities applied for in the F-1 and F-2 zones under the "microwave and radio communication facilities" use shall comply with the applicable standards, setbacks and criteria of the base zone and any combining_ zone and the following requirements. Site plan review under Chapter 18.124, including site plan review for a use that would otherwise require site plan review under Chapter 18.84, shall not be required. 1. Application Requirements. An application for a wireless telecommunications facility shall comply with the following meeting, notice, and submittal requirements: a. Neighborhood Meeting. Prior to scheduling a pre -application conference with Plannine Division staff. the applicant shall provide PAGE 1 - ORDINANCENO.97-017 (3-12-97) 0155--228, notice of and hold a meeting with owners of property nearby to a potential facility location. Notice shall be in writing and shall be mailed no less than 10 days prior to the date set for the meeting to owners of record of property within a) 500 feet for a tower or monopole no greater than 50 feet in height; b) 1,320 feet for a tower or monopole at least 50 feet and no greater than 100 feet in height; and c) 2,000 feet for a tower or monopole at least 100 feet and no higher than 150 feet in height. Such notice shall not take the place of notice required by title 22 of this code. b. Pre -Application Conference. Applicant shall attend a scheduled pre -application conference prior to submission of a land use application. An application for a wireless telecommunications facility permit will not be deemed complete until the applicant has had a pre -application conference with Planning Division staff. c. Submittal Requirements. An application for a conditional use permit for a wireless telecommunications facility shall include: i. A copy of the applicant's proposed form of lease. ii. A copy of the applicant's Federal Communications Commission license. iii. A map that shows the applicant's search ring for the proposed site and the properties within the search ring. iv. A copy of the written notice of the required neighborhood meeting and a certificate of mailing showing that the notice was mailed to the list of property owners falling within the notice area designated under DCC 18.128.040(DD)(1)(a). v. A written summary of the neighborhood meeting detailing the substance of the meeting, the time, date and location of the meeting and a list of meeting attendees. vi. A site plan showing the location of the proposed facility and its components. The site plan shall also identify the location of existing and proposed landscaping, any equipment shelters, utility connections, and any fencing_ proposed to enclose the facility. vii. A copy of the design specifications and/or elevation of an antenna array proposed with the facility. viii.An elevation drawing of the facility and a photographic simulation of the facility showing how it would fit into the landscape. ix. A copy of a letter of determination from the Federal Aviation Administration or the Oregon Department of Transportation - Aeronautics Division as to whether or not aviation lighting would be required for the proposed facility. 2. Approval Criteria: An application for a wireless telecommunication facility will be approved upon findings that: a. The facility will not be located on irrigated land. b. The annlicant has considered other sites in its search area that would have less visual impact as viewed from nearby residences than the site proposed and has determined that any less intrusive sites are either unavailable or do not provide the communications coverage necessary. To meet this criterion, the applicant must also show that both private and public properties were considered. c. The facility is sited using trees, vegetation, and topography to the maximum extent practicable to screen the facility from view of nearby residences. d. A tower or monopole located in an LM Zone is no taller than 75 feet, unless the applicant demonstrates that a greater height is necessary to provide the desired communication service. In all cases, the applicant shall site the facility in a manner to minimize its impact on Cascade Mountain and Smith Rock views from the protected roadway and shall site the facility usingtrees, rees, vegetation, and topography in order to screen it to the maximum extent practicable from view of the protected roadway. Towers or monopoles shall not be sited in locations where there is no vegetative, structural or topographic screening available. d. Any tower or monopole is finished with natural wood colors or colors selected from amongst colors approved by Ordinance 97-017. e. Any required aviation lighting is shielded so that it is not visible from therg ound. f. The form of lease for the site does not prevent the possibility of co -location of additional wireless telecommunication facilities at the site. g. A tower or monopole of over 75 feet in height is designed in a manner that it can carry the antennas of at least one additional wireless carrier. PAGE 2 - ORDINANCENO.97-017 (3-12-97) 0156-2282 This criterion may be satisfied by submitting the statement of a structural engineer licensed in Oregon that the monopole or tower has been designed with sufficient strength to carry such an additional antenna array and by elevation drawings of the proposed tower or monopole that identifies an area designed to provide the required spacing between antenna arrays of different carriers. h. Any pproval of a wireless telecommunication facility shall include a condition that if the facility is left unused or is abandoned by all wireless providers located on the facility for more than one year the facility shall be removed _ (Ord. 96-003 § 9, 1996; Ord. 95-075 § 1, 1995; Ord. 95-046 § 3, 1995; Ord. 94-053, § 6, 1994; Ord. 94-008 § 15, 1994; Ord. 93-043 §§ 23A -J, 1993; Ord. 93-005 §§ 9, 10 and 11, 1993; Ord. 92-025 §§ 6 and 7,1992; Ord. 92-004 § 12, 1992; Ord. 91-038 §§ 1 and 3, 1991; Ord. 91-020 § 1, 1991; Ord. 91-005 §§ 46 and 47,1991; Ord. 90-014 §§ 39 and 40,1990; Ord. 89-008 § 1, 1989; Ord. 87-032 § 1, 1987; Ord. 86-056 §§ 3 and 4, 1986; Ord. 86-018 § 1, 1986; Ord. 85-002 § 9, 1985; Ord. 84-023 § 4, 1984; Ord. 84-015 § 3, 1984; Ord. 80-206 § 4, 1980) ®156-2283 Exhibit I to Ordinance 97-017 22.08.005. Preapplication Conference. A pre -application conference is encouraged for complex applications or for applicants who are unfamiliar with the land use process. The purpose of the conference shall be to acquaint the applicant with the substantive and procedural requirements of the applicable land use ordinances, to provide for an exchange of information regarding applicable requirements of the comprehensive plan, zoning ordinance or land division ordinance and to identify issues likely to arise in processing an application. The applicable zoning ordinance may require that a pre -application conference be held for particular types of applications. PAGE 1 - ORDINANCENO.97-017 (3-12-97) TOPCOAT COLORS 0156-2285 MC-SHIELDCOATTM (gloss), MC -LUSTER TM (semi -gloss) AVAILABLE IN CUSTOM COLORS SAFETY ORANGE saes SAFETY GREEN F4193 SAFETY BLUE F5182 SAFETY YELLOW F3655 SAFETY RED F1350 MARKER WHITE F7675 INTERNATIONAL ORANGE F2197 DESERT SAND SMC43 NORTHWEST RED sa i MC•LUSTERTM WHITEW7000 ALUMINUM we000 NORTHWEST DARK GREEN Fao99 RIVER GREEN F4062 FJORD BLUE Fsoae NORTHWEST BEIGE veoe STANDARD GREY F6493 MC•SHIELDCOArm WHITE WT000 COLORS ARE APPROXIMATE. THE FOLLOWING FACTORS MAY CAUSE COLOR VARIANCE: SIZE, SHAPE AND TEXTURE OF AREA, LIGHTING, PRODUCT TYPE, GLOSS, APPLICATION AND ENVIRONMENT. SPECIFIC ENVIRONMENTAL EXPOSURES MAY AFFECT COLOR PERFORMANCE. MC-AROSHIELI `ALSO AVAILABLE IN STANDARD GREY. LIGHT TONE COLORS MAY REQUIRE MORE THAN ONE COAT. til MC•ZINCTM W6000 MC•MIOZINCTM W4000 MC•FERROX BTM W6000 WISCONSIN BLUE F524o ALBERTA BLUE Wm MC•MIOMASTICTM WM L s SANT? V300 SEQUOIA DUSK vloo MC•CRTM* W3800 t v4 CONCRETE GREY F6ur STANDARD GREY W6000 MC•PREPBONDTM Weoot l 4 } m� COLUMBIA GREY W60o2 MC•TARTM BLACK W7999 MC•TARTM BRONZE W6002 PRIMERS ONLY AVAILABLE IN COLORS SHOWN ABOVE. *MC-CRTm ALSO AVAILABLE IN WHITE. CERTAIN COLORS MAY REQUIRE ADDI'T'IONAL CHARGES. PLEASE CONTACT WASSER FOR DETAILS. Pit MC -ZINC TM MC-MIOZINC TM MC-PREPBONDTM HITM A4 F . Single component, zinc -rich primer s .'.`h 1 «. Versatile, easy to use, corrosion resistant primer. Replaces epoxy zincs. Better performance than inorganic zincs. Industries first MIO*/zinc filled primer. All Full or spot primer on hand and power tool of the corrosion resistance of the best zincs, cleaned surfaces. Replaces epoxy and with the surface tolerance of an epoxy mastic. inorganic zincs and epoxy mastics. Low viscosity, penetrating sealer to replace Use over tightly adherent rust, corroded epoxy penetrating sealers. Corten steel, or red lead coatings where surface prep is marginal. MC-FERROX BTM MIO* filled urethane intermediate coating. Adds performance to any zinc primer. MC-MIOMASTICTM MIO* urethane mastic overcoat primer with Not for direct to metal application,use MC - many application and performance MiozincTM as spot prime, designed advantages compared to epoxy mastics. specifically for overcoating old lead coatings. MC-CRTM Specialty coating/primer for steel and Excellent chemical resistance, WHITE aluminum. intermediate or RED OXIDE primer. I a p 0 Aa; A: MC-FERROX ATM MIO* modified, aliphatic topcoat. Limited to Color topcoat for industrial, chemical and low gloss environmental colors. Longer life marine applications. MIO* modification than 2 component urethanes, more resistant to greatly extends coating life and allows easy checking and peeling. overcoating years later. MC-SHIELDCOATTM Super color, aliphatic, long life, high gloss Excellent color retention and chemical exterior coating. resistance for structures and floors. MC-LUSTERTMSemi-gloss, aliphatic topcoat. Tolerant of Light stable exterior color topcoat on damp concrete. structural steel and concrete floors. MC-AROSHIELDTM Aromatic gloss topcoat. Tolerant of damp or Color topcoat for interior use. Excellent green concrete. concrete coating. Not UV stable. MC-CLEARTM Aliphatic clear coat. Chemical resistant clear topcoat for use in industrial, marine, and chemical applications. MC-AROCLEARTM Aromatic clear coat. Clear coat for interior uses such as concrete floors. Not UV stable. MC-TARTM Super MIO* coating outperforms coal tar Use with rapid emersion on splash zone, epoxy in every use. Immerse in one hour. pipeline, waterworks, paper mills, and marine Cold weather cure. Replaces all Coal Tar applications. Best coating in the industry for Epoxies. Doesn't burn skin. clarifier tanks and pilings. MC-ALUMINUMTM Aluminum filled urethane. Very durable, Recoat weathered, galvanized steel, abrasion and weather resistant topcoat. encapsulate rust. Use where high impact is required. APPITWEi. MC-THINNERTM Solvent reducer specially formulated for all 0% to 25% when needed. WASSER urethanes. MC -THINNER IOOTM Slow evaporating solvent for WASSER urethanes. For brush/roll and high temperature application. PURQUIKTM 100% Solids additive, compatible with all Dramatically reduces cure time, excellent for cold WASSER urethanes. weather ai)olications. All coatings are V.O.C. compliant, and may be applied in cold, damp or high humidity atmospheres and can be immersed after one hour. See individual product data sheets for more information. *MIO: micaceous iron oxide. "'XXX