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2000-900-Ordinance No. 2000-019 Recorded 9/19/2000VOL: CJ2000 PAGE: 900 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *02000-900 * Vol -Page Printed: 09/20/2000 09:48:13 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: DOCUMENT TYPE: Sep. 19, 2000; 8:32 a.m. Ordinance (CJ) NUMBER OF PAGES: 6 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK K UN HED S 2 0 2000 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES CW 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. * COUNTY CLEFk ORDINANCE NO. 2000-019 WHEREAS, the Deschutes County Board of Commissioners and the Deschutes County Planning Commission held a joint work session on July 10, 2000 to consider making changes to the County Zoning Ordinance regulation for wireless telecommunications facilities; and WHEREAS, after notice was given and hearing conducted on August 9, 2000 before the Board of County Commissioners in accordance with applicable law, the Board of County Commissioners has considered the proposed amendments; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. Section 18.116.250, Wireless telecommunications facilities, of the Deschutes County Zoning Ordinance is amended to read as set forth in Exhibit "A," attached hereto and by this reference incorporated herein, with new language underlined and deleted language shown in sttikethroug . Section 2. AMENDMENT. Section 18.128.040, Specific use standards, of the Deschutes County Zoning Ordinance is amended to read as set forth in Exhibit "B," attached hereto and by this reference incorporated herein, with new language underlined and deleted language shown in strilEethfeug. Section 3. 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. 41 DATED this too--- day of September, 2000. BOARD OF COUNTY COMMISSIONERS OF DE5CHUTES 90J1TY, OREGON , Chair ATTEST:' DgNNIS k. L 'Recording Secretary TOM DEWO] PAGE 1 OF 1 - ORDINANCE NO. 2000-019 (9/6/00) EXHIBIT "A" 18.116.250, Wireless telecommunications equipment shelters shall be set back facilities, out of any road right-of-way at least 20 feet back from the pole location. A. Tier 1 Facilities. Wireless Any necessary road right-of-way telecommunications facilities that do not permits shall be obtained from the require aviation lighting, that utilize Deschutes County Road Department. natural wood colors or muted tones from Equipment cabinets shall be subject amongst colors approved by Ordinance only to the road right-of-way setback 97-017, that utilize a radio equipment requirements. cabinet or shelter that is less than 120 3. Facilities that are established by square feet in area and less than 10 feet in attaching or placing an antenna or set height, and that meet the following of antennas on an existing building standards are allowed outright in any not designated as an historic zone other than the Exclusive Farm Use, structure, where the antenna array the Surface Mining Zone, and the Forest does not exceed the height of the Zones and shall not be subject to any building by more than 15 feet. All other provision of the zone: equipment shall be stored inside a 1. Facilities established by colocating building. For the purpose of this an additional set of antennas on an subsection, a building exists if it was existing wireless telecommunications constructed after receiving all tower or monopole that do not required land use and/or building exceed the County -approved height permits and was occupied on or of the tower or monopole, and do not before November 12, 1997, the date add ground based equipment outside of adoption of Ordinance 97-063. the existing lease area. 4. Facilities that include installation of a Notwithstanding any provision of new wood monopole that does not subsection (A) of this section, exceed the height limit of the facilities established under this underlying zone, and does not exceed paragraph are permitted outright in 45 feet in height. All equipment any zoning district. shall be stored in a building that has 2. Facilities that make use of existing a roof area that does not exceed 120 vertical structures, including but not square feet in area or ten feet in limited to power or telephone utility height. The monopole, and any poles or towers, parking lot or street building, shall be set back from lighting standards or flagpoles. For adjacent property lines according to the purpose of this subsection, a the setbacks of the underlying zone. vertical structure is "existing Any microwave dishes installed on was constructed after receiving all the monopole shall not exceed a required land use and/or building diameter of three feet. No more than permits on or before November 12, two dishes shall be installed on a 1997, the date of adoption of monopole or tower. The perimeter Ordinance 97-063. A pole location of a lease area for a facility in a public right-of-way shall not be established under this subsection fenced. Antennas established on an shall be landscaped with shrubs eight existing vertical structure shall be feet in height and planted a installed so that they do not exceed maximum of 24 inches on center. the height of the existing vertical B. Tier 2 Facilities. Wireless structure by more than 15 feet. New telecommunications facilities that do not structures in this category are limited require aviation lighting, that utilize a to equipment shelters that do not wood monopole for supporting antennas require a building permit. Walk-in PAGE 1 OF 2— EXHIBIT "A" TO ORDINANCE NO. 2000-019 (9/6/00) EXHIBIT "A" 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 (TuC). Lattice towers or metal monopoles are not permitted with a Tier 2 facility. 1. An application for site plan 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). 1. A request for a written determination from the county as to whether a proposed facility falls within Tiers l or 2 of this section shall be submitted to the county in writing accompanied by a site plan and proposed schematics of the facility. If the county can issue a written determination without exercising discretion or by making a land use decision as defined under ORS 197.015(10), the Coun1y shall respond to the request in writing, 2. A request for a written determination from the county as to whether a proposed facility falls within Tiers 1 or 2 of this section that involves exercising, discretion or making a land use decision shall be submitted and acted upon as a request for a declaratory ruling under Chapter 22.40 of the Coun1y Code. (Ord. 2000-19 § 1, 2000; Ord. 97-063 § 1, 1997; Ord. 97-017 § 7, 1997) PAGE 2 OF 2— EXHIBIT "A" TO ORDINANCE NO. 2000-019 (9/6/00) EXHIBIT "B" Section 18.128.040, Specific Use Standards in common ownership. The applicant shall notify the owners of *** record of a minimum of 20 DD. Wireless Telecommunications Facilities. properties. If the number of owners An application for a conditional use of property notified in the notice area permit for a wireless telecommunications does not equal at least 20, the facility or its equivalent in the EFU, applicant shall notify the owners of Forest, or Surface Mining Zones shall record of property within the next comply with the applicable standards, increment of 660 feet from the initial setbacks and criteria of the base zone and notice area until the number of any combining zone and the following owners of property notified reaches requirements. Site plan review under at least 20. The applicant shall also chapter 18.124 of this title including site provide a copy of this notice to the plan review for a use that would Planning Division. Such notice shall otherwise require site plan review under not take the place of notice required chapter 18.84 of this title shall not be by title 22 of this code. required. b. Pre -Application Conference. 1. Application Requirements. An Applicant shall attend a scheduled application for a wireless pre -application conference prior to telecommunications facility shall submission of a land use application. comply with the following meeting, An application for a wireless notice, and submittal requirements: telecommunications facility permit a. Neighborhood Meeting. Prior to will not be deemed complete until scheduling a pre -application the applicant has had a pre- conference with Planning Division application conference with Planning staff, the applicant shall provide Division staff. notice of and hold a meeting with c. Submittal Requirements. An interested owners of property nearby application for a conditional use to a potential facility location. permit for a wireless Notice shall be in writing and shall telecommunications facility shall be mailed no less than 10 days prior include: to the date set for the meeting to i. A copy of the blank lease form. owners of record of property within ii. A copy of the applicant's Federal a) a notice area of 1,320 feet of the Communications Commission boundary of theproperty on which license. the applicant proposes to establish iii• A map that shows the applicant's €e� a tower or monopole no greater search ring for the proposed site than 100 feet in height, and b) and the properties within the --g notice area of 2,000 feet of the search ring, including locations boundary of the property on which of existing telecommunications the applicant proposes to establish towers or monopoles. �a tower or monopole at least 100 iv. A copy of the written notice of feet and no higher than 150 feet in the required neighborhood height. For the purpose of this meeting and a certificate of section, the property on which an mailing showing that the notice applicant proposes to establish a was mailed to the list of property wireless telecommunications facility owners falling within the notice includes the lot of record on which area designated. under the applicant will locate the facility subparagraph (1)(a) of this and all contiguous lots of record held section. Page 1 of 3 — EXHIBIT `B" TO ORDINANCE NO. 2000-019 (9/6/00) K a. b. EXHIBIT `B" v. A written summary of the good faith effort to co -locate its neighborhood meeting detailing antennas on existing monopoles in the substance of the meeting, the the area to be served. The applicant time, date and location of the can demonstrate this by submitting a meeting and a list of meeting statement from a qualified engineer attendees. that indicates whether the necessary vi. A site plan showing the location service can or cannot be provided by of the proposed facility and its co -location within the area to be components. The site plan shall served. also identify the location of c. The facility is sited using trees, existing and proposed vegetation, and topography to the landscaping, any equipment maximum extent practicable to shelters, utility connections, and screen the facility from view of any fencing proposed to enclose nearby residences. the facility. d. A-91oposed tower or monopole does vii. A copy of the design not exceed a height of 150 feet from specifications, including existing grade to the highest point of proposed colors, and/or elevation the support structure or any of an antenna array proposed transmission equipment. A tower or with the facility. monpole located in an LM Zone is viii.An elevation drawing of the no taller than 30 feet. Towers or facility and a photographic monopoles shall not be sited in simulation of the facility locations where there is no showing how it would fit into the vegetative, structural or topographic landscape. screening available. ix. A copy of a letter of e. In all cases, the applicant shall site determination from the Federal the facility in a manner to minimize Aviation Administration or the its impact on scenic views and shall Oregon Department of site the facility using trees, Transportation - Aeronautics vegetation, and topography in order Division as to whether or not to screen it to the maximum extent aviation lighting would be practicable from view from protected required for the proposed roadways. Towers or monopoles facility. shall not be sited in locations where Approval Criteria: An application there is no vegetative, structural or for a wireless telecommunication topographic screening available. facility will be approved upon f. Any tower or monopole is finished findings that: with natural wood colors or colors The facility will not be located on selected from amongst colors irrigated land, as defined by section approved by Ordinance 97-017. 18.04.605 of this title. g. Any required aviation lighting is The applicant has considered other shielded to the maximum extent sites in its search area that would allowed by FAA and/or ODOT- have less visual impact as viewed Aeronautics regulations. from nearby residences than the site h. The form of lease for the site does proposed and has determined that not prevent the possibility of co - any less intrusive sites are either location of additional wireless unavailable or do not provide the telecommunication facilities at the communications coverage necessary. site. To meet this criterion, the applicant i. Any tower or monopole shall be must demonstrate that it has made a designed in a manner that it can carry Page 2 of 3 — EXHIBIT `B" TO ORDINANCE NO. 2000-019 (9/6/00) EXHIBIT `B" 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. 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. 2000-19 § 2, 2000; Ord. 98-056 § 2, 1998. Ord. 98-013 §§ 2, 3, 4 & 5, 1998; Ord. 97-063 § 2, 1997; Ord. 97-029 § 3, 1997; Ord. 97-022 § 1, 1997; Ord. 97-017 § 8, 1997; 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 §§ l 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) Note: DCC 18.128.040(FF) is repealed December 31, 2001. Page 3 of 3 - EXHIBIT "B" TO ORDINANCE NO. 2000-019 (9/6/00)