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1997-42966-Ordinance No. 97-063 Recorded 11/13/1997F,U TO TORN DE- �...,...wa. .,-.� 9'7-42966 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DES An Ordinance Amending Title 18, the Deschutes County Zoning Ordinance, of the Deschutes County Code, to Amend the Regulations for Wireless Telecommunications Facilities, and Declaring an Emergency. ORDINANCE NO. 97-063 WHEREAS, the Board of County Commissioners adopted interim regulations for wireless telecommunications facilities through Ordinance 97-017 in March, 1997; and WHEREAS, the Board of County Commissioners appointed and directed a nine -member committee to develop regulations for the siting of wireless telecommunications facilities; and WHEREAS, the committee developed a three-tier system of regulations for such facilities; and WHEREAS, after notice was given, a public hearing was held before the Deschutes County Planning Commission on September 25, 1997; and WHEREAS, after notice was given and hearing conducted in accordance with applicable law, the Board of County Commissioners has considered the proposed amendment; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. Deschutes County Code Section 18.116.250, Wireless telecommunications facilities, is hereby amended as described in Exhibit "A," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfikethfaiagh. Section 2. AMENDMENT. Deschutes County Code Section 18.128.040, Specific use standards, is hereby amended as described in Exhibit "B," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in Fitfiket4oagh. ""'Tr" �.�,�.. PAGE 1 of 2 -ORDINANCE NO. 97-063 (11/12/97) NOV( ..r.:,.,��.�, 01 63Z v C6 Section 3. AMENDMENT. Deschutes County Code, Subsection 18.32.030(DD), Conditional uses permitted; Subsection 18.48.030(G), Conditional Uses permitted; Paragraph 18.52.050(A)(5), Conditional uses permitted; Subsection 18.60.030(U), Conditional uses permitted; Paragraph 18.61.020(B)(15), Residential District; Paragraph 18.61.030(C)(13), Commercial District; Paragraph 18.61.040(C)(16), Industrial District; Subparagraph 18.62.020(A)(3)(o), Districts Permitted in the RSC- WJ Zone; Subsection 18.64.030(T), Conditional uses permitted; Paragraph 18.66.020(B)(14), Residential (TeR) district; Paragraph 18.66.030(B)(12), Residential -5 acre minimum (TeR5) district; Paragraph 18.66.040(C)(14), Commercial (TeC) district; Paragraph 18.66.050(C)(9), Commercial -Rural (TeCR) district; Paragraph 18.67.020(B)(12), Residential (TuR) district; Paragraph 18.67.030(B)(9), Residential -5 acre minimum (TuR5) District; Paragraph 18.67.040(C)(12), Commercial (TuC) district; Paragraph 18.67.050(B)(7), Research Development District; Subsection 18.68.030(0), Conditional uses permitted; Subsection 18.96.040(M), Conditional uses permitted; Subsection 18.100.030(T), Conditional uses; and Subparagraphs 18.108.020(A)(2)(g), 18.108.020(B)(2)(i), 18.108.020(C)(2)(r), 18.108.020(D)(2)(k), 18.108.020(E)(2)(h), and 18.108.020(F)(2)(d), Districts permitted in a PC zone, are hereby amended as described in Exhibit "C," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfi egffeugh Section 4. 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 takes effect on its passage. DATED this 12th day of November, 1997. ATTEST: :7 Recording Secretary BOARD OF COUNTY COMMISSIONERS T L. NIPPER, LINDA L. S PAGE 2 of 2 - ORDINANCE NO. 97-063 (11/12/97) L63 aIs)g , Chair c GEN, Commissioner Exhibit "A" 18.116.250. Wireless telecommunications facilities. A. Tier 1 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, that utilize a radio equipment cabinet or shelter that is less than 120 square feet in area and less than 10 feet in height, and that meet the following standards are allowed outright in any zone other than the Exclusive Farm Use, the Surface Mining Zone, and 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 wireless telecommunications tower or monopole that do not exceed the County -approved height of the tower or monopole, and do not addrg ound based equipment outside the existing lease area. Notwithstanding any provision of subsection (A) of this section, facilities established under this paragraph are permitted outright in any zoning district. 2. Facilities that make use of or-r-eplaee existina vertical structures. includine but not limited to power or telephone utility poles or towers, parking lot or street lighting standards or flagpoles. A pole location in a public right-of- way shall not be fenced. Antennas established on 0163-1007 an existing vertical structure shall be installed so that they do not exceed the height of the existing vertical structure by more than 15 feet. New structures in this category are limited to equipment shelters that do not require a building permit. Walk-in equipment shelters shall be set back out of any road right-of-way at least 20 feet back from the pole location. Any necessary road right-of-way permits shall be obtained from the Deschutes County Road Department . Equipment cabinets shall be subiect only to the road right-of- way i hg t of - way setback requirements. 3. Facilities that are established by attaching or placing an antenna or set of antennas on an existing str-oetur-e building not designated as an historic structure, where the antenna array does not exceed the height of the building or- str-uetur-e by more than 15 feet_ and ne additienal �neat shelter- is visible ftem the gr-etiad. All equip ent shall be stored inside a building. 4. Facilities that r-equir-e include installation of a new mer- wood monopole that does not exceed the height limit of the underlying zone, and does not exceed 45 feet in height. All equipment shall be stored in a building that has a roof area that does not exceed 120 square feet in area or ten feet in height. The monopole, and any building, shall be set back from adjacent property lines according to the setbacks of the underlying zone. Any microwave dishes installed on the monopole shall not exceed a diameter of three feet. No more than two dishes shall be installed on a monopole or tower. The perimeter of a lease area for a facility established under this subsection shall be landscaped with shrubs eight feet in height and planted a maximum of 24 inches on center. f « „ e !at line of the par -eel e ,.1 ieh the f e4it , will e laeated-: —a. The t pele would be set Weak distaiiee of filve (5) feet fer- efteh One (1) feet of tewer of fneflopele height. The height of the PAGE 1 OF 2 — EXHIBIT "A" TO ORDINANCE NO. 97-063 (11/12/97) Exhibit "A" O-- .9 NOW WO W-0 M. M - M NOW m width, and lee.,t:e., ..F the tower- O „le a. The base of the tower- ole equipment shelters or- eabinets aod any seetir-ity feneing ave Seffe-e-imed- by &Eistiog of: planted vegeta4ioa meeting an initial per-for-manee eenter, e. The f4eility is not leealed in an LN4 Zette. B. Tier 2 Facilities. Wireless telecommunications facilities that do not require aviation lighting, that utilize a wood monopole for supporting antennas and/or microwave dishes and that meet the criteria in this section are allowed outright, subject to site plan review under this subsection (and not section 18.124.060) in the following zones: La Pine Commercial District (LPCD), La Pine Industrial District (LPID), Rural Industrial (RI), Rural Service Center (RSC), Rural Service Center-Wickiup Junction (RSC- WJ), Terrebonne Commercial District (TeQ, and Tumalo Commercial District (TuQ. Lattice towers or metal monopoles are not permitted with a Tier 2 facility. 1. An annlication for site elan review for a Tier 2 wireless telecommunications facility shall meet the following criteria: a. Maximum Monopole Height. In the LPCD, LPID, RSC, RSC-WJ, TeC, and TuC zones, the maximum height of a monopole that supports antennas and/or microwave dishes for a wireless telecommunications facility shall be 60 feet from finished grade. In the RI Zone, the maximum height of a monopole that supports antennas and/or microwave dishes for a wireless telecommunications facility shall be 75 feet from finished grade. b. Setbacks. All equipment shelters shall be set back from property lines according to the required setbacks of the underlying zone. A monopole shall be set back from any adjacent dwelling a distance equal to the height of the monopole from finished grade, or according to the setbacks of the underlying zone, whichever is greater. c. Shelters. Any equipment shelter shall be finished with natural aggregate materials or from colors approved with Ordinance 97-017. d. Landscaping The perimeter of a lease area shall be landscaped with plant materials appropriate for its location. The lessee shall continuously maintain all installed landscaping and any existing landscaping used to screen a facility. e. Cabinets. Any equipment cabinets shall be finished with colors from amongst those colors approved with Ordinance 97-063. Such colors shall be non -reflective and neutral. f. Fences. A sight -obscuring fence, as defined by this title, shall be installed around the perimeter of the lease area. The sight -obscuring fence shall surround the monopole and the equipment shelter. C. Tier 3 Facilities. Wireless telecommunications facilities (or their equivalent uses described in the EFU, Forest, and SM Zones) not qualifying as either a Tier 1 or 2 facility may be approved in all zones, subject to the applicable criteria set forth in subsections 18.128.040(CC) and (DD). (Ord. 97- 063 § 1, 1997; Ord. 97-017 § 7, 1997) PAGE 2 OF 2 — EXHIBIT "A" TO ORDINANCE NO. 97-063 (11/12/97) Exhibit "B" 0163-1009 Section 18.128.040, Specific use standards. DD. Wireless Telecommunications Facilities. An application for a conditional use permit for a wireless telecommunications or its equivalent in the EFU, Forest, or Surface Mining Zones f a similaf f ej!j: , applied f ,.:n the F , and lit zeP&--4,dr=m4m-wiveweand add ea'iefi f eiliti " 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 of this title including site plan review for a use that would otherwise require site plan review under chapter 18.84 of this title 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 Planning Division staff, the applicant shall provide notice of and hold a meeting with interested 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 - b4 1,320 feet for a tower or monopole at least 59 feet no greater than 100 feet in height;., and e) b) 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 ' e€ lease blank lease form. 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, including locations of existing telecommunications towers or monopoles. 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 subparagraph (1)(a) of this section. 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., including proposed colors, 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, as defined by section 18.04.605 of this title. b. The applicant 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 applieant the applicant must demonstrate that it has made a good faith effort to co -locate its antennas on existing monopoles PAGE 1 OF 2 — EXHIBIT "B" TO ORDINANCE NO. 97-063 (11/12/97) Exhibit `B" in the area to be served. The applicant can demonstrate this by submitting a statement from a qualified engineer that indicates whether the necessary service can or cannot be provided by co -location within the area to be served. 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 74 30 feet, ue Towers or monopoles shall not be sited in locations where there is no vegetative, structural or topographic screening available. e. In all cases, the applicant shall site the facility in a manner to minimize its impact on scenic views and shall site the facility using trees, vegetation, and topography in order to screen it to the maximum extent practicable from view from protected roadways. Towers or monopoles shall not be sited in locations where there is no vegetative, structural or topographic screening available. e -f. Any tower or monopole is finished with natural wood colors or colors selected from amongst colors approved by Ordinance 97-017. f -g. Any required aviation lighting is shielded so theA it ; of visible c ,.m the ground to the maximum extent allowed by FAA and/or ODOT-Aeronautics regulations. g. -L. The form of lease for the site does not prevent the possibility of co -location of additional wireless telecommunication facilities at the site. 1}i. A Any tower or monopole of ever- 75 €e shall be designed in a manner that it can carry the antennas of at least one additional wireless carrier. This criterion may be satisfied by submitting the statement of a licensed 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. i-. j. Any approval 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 by the landowner. (Ord. 97- 063 § 2, 1997; Ord. 97-017 § 8, 1997) PAGE 2 OF 2 — EXHIBIT "B" TO ORDINANCE NO. 97-063 (11/12/97) Exhibit "C" 18.32.030. Conditional uses permitted. DD. Wireless telecommunications facilities, except those- facilities meeting the requirements of subsection 18.116.250(A) or (B) of this title. (Ord 97-063 § 3, 1997; Ord. 97-029 § 2, 1997; Ord. 97-017 § 2, 1997; Ord. 96-038 § 1, 1996; Ord. 94-053 § 2, 1994; Ord. 94-008 § 11, 1994; Ord. 93-043 § 4B, 1993; Ord. 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) 18.48.030. Conditional uses permitted. G. Wireless telecommunications facilities, except those facilities meeting the requirements of subsection 18.116.250(A) or (B) of this title. (Ord 97-063 § 3, 1997; Ord. 94-041 § 1, 1994; Ord. 92-004 § 9, 1992; Ord. 91-038 § 1, 1991) 18.52.050. Conditional uses permitted. 5. Mier-wwewe and radio eemmunieatien ^4 (bo -square- €eet and Wireless telecommunications facilities that are necessary to be sited in the SM Zone for the public service to be provided. (Ord. 97-063 § 3, 1997; Ord. 95-046 § 2, 1995; Ord. 92-066 § 3, 1992; Ord. 91-038 § 1, 1991; Ord. 90-014 § 4, 1990) 18.60.030. Conditional uses permitted. U. Wireless telecommunications facilities, except those facilities meeting the requirements of PGG subsection 18.116.250(A) or (B) of this title. (Ord. 97- 063 § 3, 1997; Ord. 97-017 § 3, 1997; Ord. 96-038 § 2, 1996; Ord. 96-021 § 1, 1996; Ord. 94-008 § 13, 1994; Ord. 93-043 §§ 8A and 8B, 1993; Ord. 92-004 § 10, 1992; Ord. 0163-1011 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) 18.61.020. Residential District. B. Conditional Uses Permitted 15. Wireless telecommunications facilities, except those facilities meeting the reauirements of subsection 18.116.250 (A) or (B) of this title. (Ord. 97-063 § 3; Ord. 96-003 § 1, 1996) 18.61.030. Commercial District. C. Conditional Uses Permitted. 13. Wireless telecommunications facilities, except those facilities meeting the reauirements of subsection 18.116.250 A or (B) of this title. (Ord. 97-063 § 3, 1997; Ord. 96-003 § 1, 1996) 18.61.040. Industrial District. C. Conditional Uses Permitted. 16. Wireless telecommunications facilities, except those facilities meeting the requirements of 1GE subsection 18.116.250(A) or (B) of this title., subjeet effly to the feqtlir-efaeffts Of Chapter- 1 -219 - (Ord. 97-063 § 3, 1997; Ord. 97-041 § 1, 1997; Ord. 97-017 § 4,1997; Ord. 18.62.020. Districts Permitted in the RSC- WJ Zone. 3. Conditional Uses Permitted. o. Wireless telecommunications facilities except those facilities meeting the reauirements of subsection 18.116.250(A) or (B) of this title. PAGE 1 OF 4 - EXHIBIT "C' TO ORDINANCE NO. 97-063 (11/12/97) Exhibit "C" (Ord. 97-063 § 3, 1997; Ord. 96-007 § 1, 1996) 18.64.030. Conditional uses permitted. T. Wireless telecommunications facilities, except those facilities meeting the requirements of subsection 18.116.250(A) or (B) of this title. (Ord. 97-063 § 3; Ord. 97- 017 § 5, 1997; 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) 18.66.020 Residential (TeR) district. B. Conditional Uses. 14. Wireless telecommunications facilities, except those facilities meeting the reauirements of subsection 18.116.250(A) or (B) of this title. (Ord. 97-063 § 3, 1997; Ord. 97-003 § 2, 1997) 18.66.030. Residential -5 acre minimum (TeR5) district. B. Conditional Uses. 12. Wireless telecommunications facilities, except those facilities meeting the requirements of subsection 18.116.250(A) or (B) of this title. (Ord. 97-063 § 3, 1997; Ord. 97-003 § 2, 1997) 18.66.040. Commercial (TeC) district. C. Conditional Uses. 14. Wireless telecommunications facilities, except those facilities meeting the reauirements of subsection 18.116.250(A) or (B) of this title. (Ord. 97-063 § 3, 1997; Ord. 97-003 § 2, 1997) 0163'1012 18.66.050. Commercial -Rural (TeCR) District. C. Conditional Uses. 9. Wireless telecommunications facilities, except those faciliites meeting the reauirements of subsection 18.116.250(A) or (B) of this title. (Ord. 97-063 § 3, 1997; Ord. 97-003 § 2, 1997) 18.67.020. Residential (TuR) district. B. Conditional Uses. 12. Wireless telecommunications facilities, except those facilities meeting the reauirements of subsection 18.116.250(A) or (B) of this title. (Ord. 97-063 § 3, 1997; Ord. 97-033 § 2, 1997) 18.67.030 Residential -5 acre minimum (TuR5) District. B. Conditional Uses. 9. Wireless telecommunications faciliites, except those facilities meeting the reauirements of subsection 18.116.250(A) or (B) of this title. (Ord. 97-63 § 3, 1997; Ord. 97-033 § 2, 1997) 18.67.040. Commercial (TuC) district. C. Conditional Uses. 12. Wireless telecommunications faciliites, except those facilities meeting the reauirements of subsection 18.116.250(A) or (B) of this title. (Ord. 97-063 § 3, 1997; Ord. 97-033 § 2, 1997) PAGE 2 OF 4 — EXHIBIT "C' TO ORDINANCE NO. 97-063 (11/12/97) Exhibit "C" 18.67.050. Research Development District. B. Conditional Uses. 7. Wireless telecommunications facilities, except those facilities meeting the reauirements of subsection 18.116.250(A) or (B) of this title. (Ord. 97-063 § 3, 1997; Ord. 97-033 § 2, 1997) 18.68.030. Conditional uses permitted. O. Wireless telecommunications facilities, except those facilities meeting the requirements of PC -C— subsection 18.116.250(A) or (B) of this title. (Ord. 97- 063 § 3, 1997; Ord. 97-017 § 6, 1997; 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) 18.96.040. Conditional uses permitted. M. Wireless telecommunications facilities, except those facilites meeting the reauirements of subsection 18.116.250(A) or (B) of this title. (Ord. 97-063 § 3, 1997; Ord. 96-032 § 1, 1996; Ord. 95-075 § 1, 1995; Ord. 95-022 § 1, 1995; Ord. 93-045 § 1, 1993; Ord. 93-002 § 4, 1993; Ord. 91-038 § 1, 1991; Ord. 91-005 § 37, 1991; Ord. 89-009 § 4, 1989; Ord. 88-030 § 4, 1988) 18.100.030. Conditional uses. T. Wireless telecommunications facilities, except those facilities meeting the reauirements of subsection 18.116.250(A) or (B) of this title. (Ord. 97-063 § 3, 1997; Ord. 91-038 § 1, 1991; Ord. 91-020 § 1, 1991; Ord. 90-014 § 38, 1990; Ord. 86-018 § 15, 1986) 18.108.020. Districts permitted in a PC zone. A. Single -Family Residential - RS District. 0163-1013 2. Conditional Uses. Wireless telecommunications facilities, except those facilities meeting the reauirements of subsection 18.116.250(A) or (B) of this title. B. Multiple Family Residential - RM District. 2. Conditional Uses. i. Wireless telecommunications facilities, except those facilities meeting the reauirements of subsection 18.116.250(A) or (B) of this title. C. Commercial - C District. 2. Conditional Uses. r. Wireless telecommunications facilities, except those facilities meeting the reauirements of subsection 18.116.250(A) or (B) of this title. D. Resort - R District. 2. Conditional Uses. k. Wireless telecommunications facilities, except those facilities meeting the reauirements of subsection 18.116.250(A) or (B) of this title. E. Industrial - I District. 2. Conditional Uses. h. Wireless telecommunications facilities, except those facilities meeting the reauirements of subsection 18.116.250(A) or (B) of this title. F. Community Property - CP District. 2. Conditional Uses. d. Wireless telecommunications facilities, except those facilities meeting the PAGE 3 OF 4 - EXHIBIT "C' TO ORDINANCE NO. 97-063 (11/12/97) Exhibit "C" 0163-1014 requirements of subsection 18.116.250(A) or (B) of this title. (Ord. 97-063 § 3, 1997; Ord. 96-051 § 1, 1996; Ord. 94-032 § 1, 1994; Ord. 93-043 § 18, 1993; Ord. 93-063 § 1, 1993; Ord. 92-069 § 1, 1992; Ord. 91-038 § 1, 1991; Ord. 91-020 § 1, 1991; Ord. 89-007 §§ 1,3 and 4, 1989; Ord. 88-032 § 1, 1988; Ord. 86-053 § 20, 1986; Ord. 86-018 § 16, 1986; Ord. 83-037 §§ 22 and 23, 1983; Ord. 83-033 §§ 8-10, 1983) PAGE 4 OF 4 - EXHIBIT "C' TO ORDINANCE NO. 97-063 (11/12/97)