2023-76-Ordinance No. 2023-004 Recorded 3/3/2023REV EWED
06, VW
LEGAL COUNSEL
Recorded in Deschutes County CJ2023-76
Steve Dennison, County Clerk
Commissioners' Journal 03/03/2023 1 :31:55 PM
2023-76
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Title IS, Chapter 18.116.290, to Streamline
Establishment of Amateur Radio Facilities.
* ORDINANCE NO. 2023-004
WHEREAS, the Board of County Commissioners directed Deschutes County Community Development
Department staff to initiate amendments (Planning Division File No. 247-22-000912-TA) to Deschutes County
Code Title 18, Chapter 116.290, Amateur Radio Facilities; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed amendments on January
13 and January 26, 2023 and forwarded to the Deschutes County Board of County Commissioners (`Board") a
r
unanimous recommendation or approval; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on February 15, 2023
and concluded that the public will benefit from the proposed changes to the Deschutes County Code Title 18;
now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. Chapter 18.116.290, Amateur Radio Facilities, is amended to read as
described in Exhibit "A", attached hereto and by this reference incorporated herein, with new language underlined
and language to be deleted in stfikethretigh.
PAGE 1 OF 2 - ORDINANCE NO. 2023-004
Section 2. FINDINGS. The Board adopts as its findings, Exhibit `B" attached ,and incorporated by
reference herein.
Dated this I of AVC11V 12023
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
�Aku��
PATTI ADAIR, Vice Chair
I&Y -//�
PHILIP CHANG
Date of I"Reading: Id day of 2023.
Date of 2°a Reading: day of �a✓ 2023.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Anthony DeBone X _
Patti Adair
Philip Chang iC
Effective date: � day of , 2023.
PAGE 2 OF 2 - ORDINANCE NO.2023-004
Exhibit A to Ordinance 2023-004: Proposed Text Amendments
Removed
New
18.116.290 Amateur Radio Facilities
A. Amateur radio facilities shall meet the following criteria:
1. Antenna support structures, including guy wires and anchors shall be located outside of the
required front, rear and side yard setbacks;
2. Metal structures shall have a galvanized finish, or flat or matte silver, or flat or matte gray in
color;
3. Amateur radio facilities shall not include attached signage, symbols, or decorations, lighted or
otherwise, other than required unlighted signage for safety or regulatory purposes;
4. The property owner shall obtain a valid building permit if required from the Deschutes County
Community Development Department, Building Safety Division.
5. The height of amateur radio facilities shall be excepted from that of the underlyinzonin
district in accordance with B and C below unless located in the AS AD, or LM zones per
18.120.040
B. Amateur radio facilities uDto 70 feet in height are allowed outr_ fight in any zone as an accessory use
if the Drovisions of subsection (A) and (13)(1) are otherwise met.
1. FCC License. ThepLgp_ rynwner shall obtain a curry valid FCC Amateur Radio License for the
operation of amateur ("I lam") radio services in the name of the prapert�owner.
C. Amateur radio facilities over 70 feet in he i hit up to 200 feet maximum height, are suto the
requirements under subsection (A) and (C)(1)(2), and any conditions of land use approval.
-5 1., Compliance with Federal and State Regulations
a. The property owner shall demonstrate compliance with applicable Federal Communications
Commission (FCC), Federal Aviation Administration (FAA), and Oregon Department of
Aviation (ODA) restrictions if applicable..
b by submitting copies of the FCC's, FAA's, and ODAV's
written determination to the Deschutes County Community Development Department.?
Building Safety Division at time ef appliGatian feF a building peFFAit; a4ld
4&-2. FCC License
a. The property owner shall provide documentation of a current, valid FCC Amateur Radio
License for the operation of amateur ("Ham") radio services in the name of property owner.
b. Compliance may be demonstrated by submitting a copy of the property owner's Amateur
Radio License to the Deschutes County Community Development Department. g
(Ord. 2023-004,Ord. 2008-007 §2, 2008)
Exhibit B: Proposed Findings 247-22-000912-TA
FINDINGS
1. PROPOSAL
This is a legislative text amendment to Deschutes County Code (DCC), Title 18, County Zoning. The
primary purpose of the amendments is to streamline the review process for certain Amateur Radio
(HAM Radio) facilities.
Section 18.116.290, the code section regulating Amateur Radio Facilities, currently contains unclear
language regarding the type of land use review application needed and requires written statements
of compliance from Oregon Department of Aviation (ODAV), Federal Communications Commission
(FCC), and Federal Aviation Administration (FAA), which are often difficult to acquire for smaller
facilities.
Staff is proposing the following revisions to clarify the land use process and requirements for these
facilities:
• General cleanup of language and organization
• Cross-references requirement from 18.120.040(A)(1) that limits height to 30 feet in Airport
Safety (AS), Airport Development (AD), and Landscape Management (LM) zones for clarity.
• Added two tiers of regulations based on height
o For facilities under 70 feet
■ Streamline review process - allowed as outright permitted accessory use
■ No formal determination of written compliance from FAA, ODAV, FCC
■ Maintains aesthetic and setback requirements
o For facilities between 70 and 200 feet
® Explicitly requires land use review
■ Maintains requirement for coordination with FAA, ODAV, FCC
■ Maintains aesthetic and setback requirements
II. BACKGROUND
In 2008, the Deschutes County Board of County Commissioners adopted Ordinance 2008-007,
establishing regulations for amateur radio facilities. The Board opted to apply the same regulations
for any facility regardless of height and opted to except these facilities from the height limitations
of the underlying zoning district'.
In 2021 during the Community Development Department's annual work plan development, the
Board of County Commissioners and the County's Planning Division received testimony from
HAM/amateur radio operators expressing concern regarding the onerous requirements to establish
' DCC 18.120.040(A)(1) Building Height Exceptions
Page 1 of 6 — EXHIBIT B TO ORDINANCE NO. 2023-004
smaller scale amateur radio facilities (under 70 feet), including a requirement to provide written
demonstrations of compliance from FAA, ODAV, and FCC. Due to the scope of review authority,
operators often found that these agencies were not able to provide written determinations of small-
scale facilities outside of airport and airport overlay zones, which led to a conflict with the County's
code provisions.
Operators were instead seeking a pathway to simplify establishment of facilities under 70 feet, while
still maintaining regulations for larger scale facilities that may have aesthetic impacts to surrounding
properties.
Staff also notes that ORS 221.295 limits restrictions on amateur radio facilities that are 70 feet or
lower to those that are clearly linked to a health, safety, or aesthetic objective. This results from FCC
ruling in PRB-1 (codified in 47 CFR Part 97). Therefore, the County has limited authority to apply
unnecessary regulations to amateur radio facilities outside of those directly addressing a health,
safety, or aesthetic issue.
III. REVIEW CRITERIA
Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative text
amendment. Nonetheless, since Deschutes County is initiating the amendment, the County bears
the responsibility for justifying that the amendments are consistent with Statewide Planning Goals
and its existing Comprehensive Plan.
IV. FINDINGS
CHAPTER 22.12, LEGISLATIVE PROCEDURES
Section 22.12.010.
Hearing Required
FINDING: This criterion will be met because a public hearing was held before the Deschutes
County Planning Commission on January 12, 2023 and Board of County Commissioners on
February 15, 2023.
Section 22.12.020, Notice
Notice
A. Published Notice
1. Notice of a legislative change shall be published in a newspaper of general
circulation in the county at least 10 days prior to each public hearing.
2. The notice shall state the time and place of the hearing and contain a statement
describing the general subject matter of the ordinance under consideration.
Page 2 of 6 — EXHIBIT B TO ORDINANCE NO. 2023-004
FINDING: This criterion will be met as notice was published in the Bend Bulletin newspaper for the
Planning Commission public hearing on December 27, 2022, and the Board of County
Commissioners' public hearing on February 15, 2023.
B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and
where necessary to comply with ORS 203.045.
FINDING: Posted notice was determined by the Planning Director not to be necessary.
C. Individual notice. Individual notice to property owners, as defined in DCC
22.0&010(A), shall be provided at the discretion of the Planning Director, except as
required by ORS 215.503.
FINDING: Given the proposed legislative amendments do not apply to any specific property, no
individual notices were sent.
D. Media notice. Copies of the notice of hearing shall be transmitted to other
newspapers published in Deschutes County.
FINDING: Notice was provided to the County public information official for wider media
distribution. This criterion is met.
Section 22.12.030 Initiation of Legislative Changes.
A legislative change may be initiated by application of individuals upon payment of
required fees as well as by the Board of County Commissioners.
FINDING: The application was initiated by the Deschutes County Planning Division at the direction
of the Board of County Commissioners, and has received a fee waiver. This criterion is met.
Section 22.12.040. Hearings Body
A. The following shall serve as hearings or review body for legislative changes in this
order.
1. The Planning Commission.
2. The Board of County Commissioners.
B. Any legislative change initiated by the Board of County Commissioners shall be
reviewed by the Planning Commission prior to action being taken by the Board of
Commissioners.
FINDING: The Deschutes County Planning Commission held the initial public hearing on January
12, 2023. The Board then held a public hearing on February 15, 2023. These criteria are met.
Section 22.12.050 Final Decision
Page 3 of 6 — EXHIBIT B TO ORDINANCE NO. 2023-004
All legislative changes shall be adopted by ordinance
FINDING: The proposed legislative changes will be implemented by Ordinance No. 2023-004 upon
approval and adoption by the Board of County Commissioners. This criterion will be met.
A. Statewide Planning Goals and Guidelines
Goal 1: Citizen Involvement: The amendments do not propose any changes to the County's citizen
involvement program. Notice of the proposed amendments were provided to the Bulletin for each
public hearing.
Goal 2: Land Use PlanniDZ: This goal is met because ORS 197.610 allows local governments to initiate
post acknowledgments plan amendments (PAPA). An Oregon Land Conservation and Development
Department 35-day notice was initiated on November 28, 2022 The Planning Commission held a
public hearing on January 12, 2023 and the Board of County Commissioners held a public hearing
on February 15, 2023. This Findings document provides the adequate factual basis for the
amendments.
Goal 3: Agricultural Lands: The proposed amendments are to clarify existing requirements for
amateur radio facilities. Staff is streamlining requirements for facilities under 70 feet while
maintaining the current requirements for facilities over 70 feet up to 200 feet. As noted above, ORS
�21.2JJ 11 IL a local government's iimcn s authority yr icy lCj regulate c wJVcrS vuLsi c vi concerns related w
health, safety, or aesthetics. Adverse impacts to farming practices are not anticipated under these
amendments and no such impacts have been identified in the record. Oregon Revised Statute and
Rule do not contain specific requirements for amateur/HAM radio facilities under 200 feet in
exclusive farm use zones. The amendments are consistent with Goal 3.
Goal 4: Forest Lands: The proposed amendments are to clarify existing requirements for amateur
radio facilities. Staff is streamlining requirements for facilities under 70 feet while maintaining the
current requirements for facilities over 70 feet up to 200 feet. As noted above, ORS 221.295 limits a
local government's authority to regulate towers outside of concerns related to health, safety, or
aesthetics. Adverse impacts to forestry practices are not anticipated under these amendments and
no such impacts have been identified in the record. Oregon Revised Statute and Rule do not contain
specific requirements for amateur/HAM radio facilities under 200 feet in forest zones. The
amendments are consistent with Goal 4.
Goal 5: Open Spaces, Scenic and Historic Areas, and Natural Resources: Goal 5 is to protect natural
resources and conserve scenic and historical areas and open spaces. OAR 660-023-0250(3) states
that local governments are not required to apply Goal 5 in consideration of a PAPA unless the PAPA
affects a Goal 5 resource. The proposed amendment is not seeking to change any requirements in
the Wildlife Area overlay zone which protects inventoried wildlife resources. The height exemption
currently in 18.120.040(A)(1) does not allow for a facility over 30 feet in the County's Landscape
Page 4 of 6 — EXHIBIT B TO ORDINANCE NO. 2023-004
Management Overlay Zone. This zone protects scenic resources through additional aesthetic
requirements. The code provision will remain unchanged. Staff finds that the amendments are
consistent with Goal 5.
Goal 6: Air, Water and Land Resources Quality: The proposed text amendments do not propose to
change the County's Plan policies or implementing regulations for compliance with Goal 6, they
comply.
Goal 7: Areas Sub*ect to Natural Disasters and Hazards: The proposed text amendments do not
propose to change the County's Plan or implementing regulations regarding natural disasters and
hazards; therefore, they comply. Additionally, amateur radio facilities and operators may be of use
during times of emergency response and loss of standard means of communication.
Goal 8: Recreational Needs: The text amendments do not propose to change the County's Plan or
implementing regulations regarding recreational needs; therefore, they are in compliance.
Goal 9: Economic Development: Goal 9 and its implementing regulations focus on economic analysis
and economic development planning required in urban Comprehensive Plans to ensure there is
adequate land available to realize economic growth and development opportunities. The proposed
amendments apply to rural lands and do not propose to amend the Comprehensive Plan.
Compliance is met.
Goal 10: Housing: This goal is not applicable because, unlike municipalities, unincorporated areas
are not obligated to fulfill certain housing requirements.
Goal 11: Public Facilities and Services: Complies because the text amendments do not propose to
change the County's Plan or implementing regulations regarding public facilities and services.
Goal 12: Transportation: Goal 12 is to provide and encourage a safe, convenient and economic
transportation system. The proposed text amendments will not change the functional classification
of any existing or planned transportation facility or standards implementing a functional
classification system. Compliance with Goal 14 is met.
Goal 13: Energy Conservation: The proposed text amendments do not propose to change the
County's Plan or implementing regulations regarding energy conservation. Therefore, compliance
with Goal 13 is established.
Goal 14: Urbanization: The proposed text amendments do not propose to change the County's Plan
or implementing regulations regarding urbanization. Therefore, compliance with Goal 14 is
established.
Goals 15 through 19 are not applicable to the proposed text amendments because the County does
not contain these types of lands.
D. Deschutes County Comprehensive Plan
Page 5 of 6 — EXHIBIT B TO ORDINANCE NO. 2023-004
Chapter 1, Comprehensive Planning: This chapter sets the Goals and Policies of how the County will
involve the community and conduct land use planning. As described above, the proposed
regulations will be discussed at work sessions with the Board of County Commissioners, as well as
to the Planning Commission, which is the County's official committee for public involvement. Both
will conduct separate public hearings.
These actions also satisfy the Goals and relevant Policies of Section 1.3, Land Use Planning Policies.
Goal 1 of this section is to "maintain an open and public land use process in which decisions are
based on the objective evaluation of facts." Staff, the Planning Commission, and the Board reviewed
the text amendments.
Page 6 of 6 — EXHIBIT B TO ORDINANCE NO. 2023-004
MEETING DATE: March 1, 2023
SUBJECT: Second reading of Ordinance No. 2023-004, Amateur (HAM) Radio Text
Amendments
MOTIONS:
1. Move approval of second reading of Ordinance No. 2023-004 by title only
2. Move adoption of Ordinance No. 2023-001
BACKGROUND AND POLICY IMPLICATIONS:
On March 1, 2023, staff will present Ordinance No. 2023-004 to the Board of County
Commissioners for consideration of second reading.
BUDGET IMPACTS:
None
ATTENDANCE:
Nicole Mardell, AICP, Senior Planner
MEMORANDUM
TO: Deschutes County Board of County Commissioners ("Board")
FROM: Nicole Mardell, AICP, Senior Planner
DATE: February 22, 2023
SUBJECT: Consideration of Second Reading - Amateur/HAM Radio Facility Amendments
On March 1, 2023, staff will present Ordinance No. 2023-004 to the Board of County
Commissioners (Board) for consideration of second reading. The Board held a public hearing
on February 15, 2023', at which time the Board closed the oral and written portions of the
record, deliberated to approve the amendments unanimously, and also conducted first
reading.
Staff submitted a 35-day Post Acknowledgement Plan Amendment (PAPA) notice to the
Department of Land Conservation and Development (DLCD) on November 28, 2022. Staff
presented the proposed amendments to the Planning Commission at a work session on
December 8, 20222. The initial public hearing was held on January 12, 20233, at which time
the Planning Commission closed the oral and written record. The Planning Commission then
deliberated on January 24, 2023, and recommended approval of the proposed amendments
as drafted by staff.
The record, which contains all memoranda, notices, and project materials is available for
inspection on the project website:
https://www.d esch utesor /g cd/page/247-22-000912-ta-amateur-ham-radio-text-
amendments
https •/Iwww.desch
utes.org/bcc/page/boa
rd-county-commissioners-meeting-80
z https://www.deschutes.org/bc-pc/page/planning-commission-23
3 https•//www.deschutes.org/bc-pc/page/planning-commission-31
NEXT STEPS
During the February 15 first reading, the Board chose to adopt the ordinance by standard
procedure rather than by emergency. The ordinance will be effective 90 days after the date
of adoption, on May 30, 2023.
Attachments:
Ordinance No. 2023-004 and Corresponding Exhibits
Exhibit A - 18.116.290 Amateur Radio Facilities
Exhibit B - Findings
Page 2 of 2