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Ord 2206 - Amend Ord 1807 Zoning COUNCIL BILL NO. 1839 ORDINANCE NO. 2206 AN ORDINANCE MAKING SPECIFIC AMENDMENTS TO ORDINANCE NO. 1807 (THE WOODBURN ZONING ORDINANCE); ADDING A NEW CHAPTER 41 TO ADDRESS TELECOMMUNICATIONS FACILITIES REGULATIONS; AND DECLARING AN EMERGENCY. WHEREAS, telecommunications technology has recently experienced rapid growth; and WHEREAS, the growth of this technology, together with federal legal deregulation, has resulted in an enormous increase in wireless communications; and WHEREAS, the Woodburn Zoning Ordinance was enacted prior to the advent of this telecommunications expansion, was intended to address only radio and television transmitter equipment, and is inadequate to address the contemporary technology of telecommunications facilities; and WHEREAS, in February, 1997 the City Council enacted interim regulations to fairly and uniformly address applications for telecommunications facilities, while preserving the public's interest in reasonable requirement for these facilities; and WHEREAS, the Woodburn Planning Commission and Woodburn City Council have conducted pubic hearings on telecommunications facilities regulation so that the Woodburn Zoning Ordinance can be amended to address this subject; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Ordinance No. 1807 is hereby amended to delete Section 1.461, "Privately Owned Utilities." Section 2. Ordinance No. 1807, Section 1.462 is hereby amended to read as follows: " Section 1.462. Publicly Owned Utilities. Utility facilities owned by a government unit or special district." Section 3. Ordinance No. 1807 is hereby amended to add a new Section 1.559, "Telecommunications Facilities," as follows: "Section 1.559 Telecommunications Facilities. Facilities designed and used for the purpose of transmitting, receiving and relaying voice and data signals from various wireless communication devices. Further definitions applicable to the regulation of telecommunications facilities are contained in Chapter 41 of this ordinance." PAGE 1 - COUNCIL BILL NO. 1839 ORDINANCE NO. 2206 ~. ~ "...'.'"_._.___........H._,._ Section 4. Ordinance No. 1807 is hereby amended to add a new Section 1.585, "Utilities," as follows: "Section 1.585. Utilities. For purposes of this ordinance, a utility is a person (as defined by Section 1.455) who is a local exchange carrier or an electric, gas, water or other public utility, and who owns or controls poles, ducts, conduits, or rights-of-way used, in whole or in part, for any wire or cable communication." Section 5. Ordinance No. 1807, Section 7.040 is hereby amended to read as follows: "Section 7.040. Decision without hearing. A) The Planning Director shall have the authority to approve, deny or approve with conditions the following development applications. 1) Lot line adjustment 2) Collocated Telecommunications Facilities B) The decision shall not become effective until the Planning Commission has reviewed the application at its regularly scheduled meeting." Section 6. Ordinance No. 1807 is hereby amended to delete Section 22.030(a)(3), "Radio and Television Transmitter and Antennas." Section 7. Ordinance No. 1807, Section 23.010(c) is hereby amended to read as follows: "Section 23.010(c). Public buildings, such as libraries and fire stations." Section 8. Ordinance No. 1807 is hereby amended to delete Section 28.020(b). "Radio and Television Transmitter Station, Towers and Pipe Television Pick-up Facilities (private)." Section 9. Ordinance No. 1807, Section 28.020(c) is hereby amended to read as follows," "Section 28.020(c) "Telephone Office Facilities." Section 10. Ordinance No. 1807, Section 28.020(i), is hereby amended to read as follows: "Section 28.020(i). Publicly Owned Utilities." Section 11. Ordinance No. 1807 is hereby amended to delete Section 29.01O(c)(2), "Radio and Television Transmitter Station, Towers and Pipe Television Pick-Up Facilities (private)." PAGE 2 - COUNCIL BILL NO. 1839 ORDINANCE NO. 2206 T"'" '-'---"~'-~--""---""-4" Section 12. Ordinance No. 1807 is hereby amended to delete Section 29.010(c)(3), "Telegraph and Telephone Communication Facilities." Section 13. Ordinance No. 1807, Section 29.020(d), is hereby amended to read as follows: "Section 29.020(d). Publicly Owned Utilities." Section 14. Ordinance No. 1807, Section 30.020(d), is hereby amended to read as follows: "Section 30.020(d). Publicly Owned Utilities." Section 15. Ordinance No. 1807 is hereby amended to add a new Section 31.020(g), "Utilities. " Section 16. Ordinance No. 1807, Section 31.025(a) is hereby amended to read as follows: "Section 31.025(a). Publicly Owned Utilities." Section 17. Ordinance No. 1807 is hereby amended to delete Section 33.040(g), "Privately Owned Utilities." Section 18. Ordinance No. 1807 is hereby amended to delete Section 34.010(b)(3) "Public Utilities." Section 19. Ordinance No. 1807, Section 34.030(e), is hereby amended to read as follows: "Section 34.030(e). Utilities." Section 20. Ordinance No. 1807 is hereby amended to add a new Section 34.030(g), "New Telecommunications Facilities." Section 21. Ordinance No. 1807 is hereby amended to delete Section 35.01O(g)(3) "Any Conditional Use pennitted in an IP District." Section 22. Ordinance No. 1807 is hereby amended to add a new Section 35.030(g), "New Telecommunications Facilities." Section 23. Ordinance No. 1807, Section 36.015 is hereby amended to read as follows: PAGE 3 - COUNCIL BILL NO. 1839 ORDINANCE NO. 2206 ~. .,. "...._~'"_.,+_._--,._._._'_.~_..__.~.-;'- WOODBURN ZONING ORDINANCE "Section 36.015. Conditional Uses. (A) Utilities (B) "New Telecommunication Facilities" Section 24. Ordinance No. 1807 is hereby amended to add a new Section 37.030(e), "Publicly Owned Utilities." Section 25. Ordinance No. 1807 is hereby amended to add a new Section 37.050(f), "Publicly Owned Utilities." Section 26. Ordinance No. 1807, Section 37.060(c), is hereby amended to read as follows: "Section 37.060(c). Publicly Owned Utilities." Section 27. Ordinance No. 1807 is hereby amended to add a new chapter, Chapter 41, addressing "Telecommunications Facilities Regulations," as follows: CHAPTER 41 TELECOMMUNICATIONS FACILITIES REGULATIONS Section 41.010 SCOPE. This chapter applies to the regulation of Telecommunications Facilities as provided herein. In the event of any perceived conflict between this Chapter and other portions of the Woodburn Zoning Ordinance, the portions of this Chapter shall control. Section 41.020 DEFINITIONS. As used in this Chapter: I. &rial means a privately owned and operated antenna for noncommercial uses subject to height limitations as specified in the Woodburn Zoning Ordinance. For purposes of this ordinance "aerial" includes ham radio antennae and is not a "telecommunications facility. " 2. Exchange Carrier means a provider of telecommunications services. 3. Telecommunication Facilities means facilities designed and used for the purpose of PAGE 4 - COUNCIL BILL NO. 1839 ORDINANCE NO. 2206 ~ , WOODBURN ZONING ORDINANCE transmitting, receiving, and voice and data signals from various wireless communication devices. The following definitions apply to the regulation of telecommunications facilities: a. Ancillary Facilities means the structures and equipment required for operation of the telecommunication equipment, including but not limited to antennae, repeaters, equipment housing structure, and ventilation and other mechanical equipment. b. Antenna(e) means an electrical conductor Of group of electrical conductors that transmit or receive radio waves. c. Attachment means an antenna or other piece of related equipment affixed to a transmission tower. d. Backhaul Network means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network. e. Collocated Telecommunications Facilities means new attachments, antennae, or towers placed on pre-existing or rebuilt transmission towers or the addition of ancillary facilities to an existing transmission tower facility site without increasing the tower facility site area. f New Telecommunications Facilities means the installation of new transmission towers. New attachments are not new facilities. g. Pre-existing Towers and Pre-existing Antennas means any tower or antenna for which a building permit has been properly issued prior to the effective date of this ordinance. h. Repeater means equipment containing both a receiver and a transmitter; used to relay radio signals over large distances or to provide signals in an area otherwise in shadow. I. Shadow means a geographic area that has less than adequate telecommunication service coverage. J. Tower Footprint means the area described at the base ofa transmission tower as the perimeter of the transmission towef including the transmission tower foundation and any attached or overhanging equipment, attachments, or structural members but excluding ancillary facilities and guy wires and anchors. PAGE 5 - COUNCIL BILL NO. 1839 ORDINANCE NO. 2206 ..... WOODBURN ZONING ORDINANCE k. Tower Pad means the area that encompasses the tower footprint, ancillary facilities, fencing and screening. I. Tower Height means the vertical distance measured from the highest point on the transmission tower or other structure, including any antennae, to the original grade of the ground directly below this point. m. Transmission Tower means the structure on which transmitting or receiving antennae are located. For purposes of this chapter, ham radio transmission facilities are considered "aerials" and not "transmission towers. " (i) Guyed Tower. A tower which is supported by the use of cables (guy wires) which are permanently anchored. (ii) Lattice Tower. A tower characterized by an open framework of lateral cross members which stabilize the tower. (iii) Monopole. A single upright pole, engineered to be self supporting and does not require lateral cross supports or guys. Section 41.030 USE DESIGNATION 1. New Telecommunications Facilities shall be a conditional use in the Industrial Park District (IP), Light Industrial District (IL), and Industrial High Technological District (IH). New Telecommunications Facilities shall not be permitted in all other zoning districts. 2. Collocated Telecommunications Facilities shall be a permitted use in all zoning districts and is not subject to Chapter 11 Site Plan Review but is subject to the requirements of this Chapter. Section 41.040 METHOD OF REVIEW. Applications for new telecommunications facilities shall be reviewed pursuant to Chapter 11 - Site Plan Review and Chapter 14 - Conditional Uses of the Woodburn Zoning Ordinance and this Interim Telecommunications Utilities Regulations Chapter. Section 41.050. APPLICATION REQUIREMENTS. .In addition to standard required application material, an applicant for a new or collocated telecommunication facility shall submit the following information: 1. A visual study containing, at a minimum, a vicinity map depicting where, within a PAGE 6 - COUNCIL BILL NO. 1839 ORDINANCE NO. 2206 ~ ,.. -----.--..---..--+.--------.,-" I WOODBURN ZONING ORDINANCE three mile radius, any portion of the proposed tower could be visible, and a graphic simulation showing the appearance of the proposed tower and accessory structures from five points within the impacted vicinity. Such points are to be mutually agreed upon by the Planning Director and applicant. This study shall not be required for collocation on existing transmission towers, but shall be required for collocation on other structures. 2. A demonstration that an alternative technology that does not require the use of towers or structures, such as a cable micro cell network using multiple low- powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable. 3. A landscape plan drawn to scale showing proposed landscaping, including type, spacing, size and irrigation methods. This plan shall not be required for collocation on existing buildings or where there is no opportunity to provide additional landscaping. 4. Evidence demonstrating collocation is impractical on existing tall structures, existing transmission towers, and existing tower facility sites for reasons of safety, available space, or failing to meet service coverage area needs. This evidence shall not be required for collocation proposals. 5. A report containing the following information: a. A description of the proposed tower and reasons for the tower design and height. b. Documentation to establish the proposed tower has sufficient structural integrity for the proposed uses at the proposed location in conformance with minimum safety requirements as required by the State Structural Specialty Code, latest adopted edition. c. A description of mitigation methods which will be employed to avoid ice hazards, including increased setbacks, and/or de-icing equipment. d. The general capacity of the tower in terms of the number and type of antennae it is designed to accommodate. e. Documentation demonstrating compliance with non-ionizing electromagnetic radiation (NIER) emissions standards as set forth by the Federal Communications Commission (FCC). PAGE 7 - COUNCIL BILL NO. 1839 ORDINANCE NO. 2206 ~ " WOODBURN ZONING ORDINANCE f A signed agreement stating that the applicant will allow collocation with other users, provided all safety and structural requirements are met. This agreement shall also state that any future owners or operators will allow collocation on the tower. This agreement is not necessary if the applicant is collocating and does not own the facility or structure; however, a consent to allow the owner to grant access to other users for the same structure or facility shall be required. g. A soils report if the property contains weak foundation soils or has landslide potential. h. Documentation that the ancillary facilities will not produce sound levels in excess of those standards specified in section 5(7) or designs showing how the sound is to be effectively muffled and reduced pursuant to those standards. I. Identification of the entities providing the backhaul network for the towers(s) described in the application and other cellular sites owned or operated by the applicant in the municipality. Section 41.060 STANDARDS OF APPROVAL - ALL TELECOMMUNICATIONS FACILITIES All new telecommunications facilities shall comply with the following standards: 1. Site Size: A new telecommunication facility shall be located on a property large enough to provide: a. A setback from any property line to the tower footprint which is at least two-thirds the tower height. This standard shall not apply to collocated telecommunications facilities. b. A tower "pad" large enough to allow for additional collocated and ancillary facilities. The tower or towers shall be located centrally on this pad. This standard shall not apply to antennae attached to existing structures or towers located on rooftops. c. Protection to adjoining property from the potential impact of tower failure and ice falling from the tower. A licensed structural engineer's analysis shall be submitted to demonstrate that such failure and ice fall will be accommodated on the site. d. Separation from pre-existing towers. Tower separation shall be measured by following a straight line from the base of the proposed tower to the base PAGE 8 - COUNCIL BILL NO. 1839 ORDINANCE NO. 2206 ~ ~ WOODBURN ZONING ORDINANCE of any pre-existing tower. Minimum separation distances (listed in linear feet) shall be as follows: Lattice Guyed Monopole Monopole > 80 ft. in height <80 ft in height Lattice 500 500 150 75 Guyed 500 500 150 75 Monopole >80 ft in height 150 150 150 75 Monopole <80 ft in height 75 75 75 75 2. Collation a. Before a proposal for a new transmission tower is considered, an applicant shall exhaust all collocation options including placement of antennae on existing tall structures and placing multiple antennae or attachments on a single tower. In cases where an existing tower is modified or rebuilt to a taller height to allow collocation, such change may only occur one time per communication tower site and may only occur when the modification or rebuild request has been initiated by a separate exchange carrier. b. New telecommunications facilities shall be constructed so as to accommodate future collocation, based upon expected demand for transmission towers in the service area. Towers shall be designed so as to accommodate a minimum expansion of three two-way antennae for every 40 vertical feet of tower. c. Replacement of existing pole type structures may be permitted for the purpose of collocation, provided that there is no change to the type of tower. Setback and other locational criteria of the underlying zone shall still apply. 3. Multiple Attachments on Utility Towers. In conformance with the Telecommunications Act of 1996, Section 703, a utility shall provide any telecommunications carrier with nondiscriminatory access to any pole, duct, conduit, or right of way owned or controlled by it, unless there is insufficient PAGE 9 - COUNCIL BILL NO. 1839 ORDINANCE NO. 2206 ~ ~ -.-_..+.- .._,.._.>.~---_.~--"-~t WOODBURN ZONING ORDINANCE capacity or access can not be granted for reasons of safety, reliability, and generally applicable engineering purposes. 4. Heiiht. New telecommunication facilities shall not exceed the height limits established by the underlying zone. Exceptions to height limitations in this subsection require a variance per Chapter 13 of the Woodburn Zoning Ordinance. 5. Visual Impact. The applicant shall demonstrate that the tower will have the smallest practicable visual impact on the environment, considering technical, engineering economic, and other pertinent factors. a. The height and mass of the transmission tower shall not exceed that which is essential for its intended use and public safety as demonstrated in a report prepared by a licensed structural engineer. b. Towers 100 feet or less in height shall be painted in order to best camouflage the tower with regard to compatibility with surrounding objects and colors. Unless towers are otherwise disguised or collocated, towers shall be camouflaged as trees whenever structurally possible. c. Towers more than 100 feet in height shall be painted in accordance with the Oregon State Aeronautics Division and Federal Aviation Administration. Applicants shall attempt to seek a waiver from OSAD and F A.A marking requirements. When a waiver has been granted, towers shall be painted and/or camouflaged in accordance with subsection 4(b), above. 6. Accessory Uses. Accessory uses shall include only building facilities that are necessary for transmission function and associated satellite ground stations, and shall not include broadcast studios (except for emergency broadcast), offices, vehicle storage areas or other similar uses not necessary for the transmission or relay function. No unenclosed storage of materials is allowed. 7. Lighting. No lighting shall be permitted on transmission towers except that required by the Oregon State Aeronautics Division or Federal Aviation Administration. This standard shall not prevent shared use or replacement of an existing light pole. For collocation on existing or replaced light poles the transmission tower shall have no net increase to the spread, intensity, or direction of the existing light source. 8. Hcisl:. Noise generating equipment shall be sound-buffered by means of baffling, barriers, or other suitable means to reduce sound level measured at the property line to 30dBA when adjacent to residential uses and 45dBA in other areas. PAGE 10 -COUNCILBILLNO. 1839 ORDINANCE NO. 2206 ~ ... ""-'~--"-I 9. Fences and Landscaping: a. The tower(s) and ancillary facilities shall be enclosed by a six foot fence meeting the requirements of the Woodburn Zoning Ordinance. Chain link fences, when allowed, shall be black vinyl coated. Where a six foot fence in sound condition already exists on a side or sides of the tower pad area, fencing requirements may be waived for that side. b. Landscaping shall be placed outside offences and shall consist offast growing vegetation with a minimum planted height of six feet placed densely so as to form a solid hedge. c. Landscaping fencing shall be compatible with other nearby landscaping and fencing. d. Where antennae or towers and ancillary facilities are to be located on existing buildings or structures and are secure from public access, landscaping and fencing requirements may be waived. 10. Siins: One non-illuminated sign, not to exceed 2 square feet, shall be provided at the main entrance to the facility stating contact name and phone number for emergency purposes. Signs shall not be placed on towers and antennae. Section 41.070 ABANDONED FACILITIES A transmission facility where use is discontinued for a period of six consecutive months or longer is hereby declared abandoned. Abandoned facilities shall be removed by the property owner no later than 90 days from date of abandonment. Failure to remove an abandoned facility is declared a public nuisance and is subject to abatement pursuant to the Woodburn Nuisance Ordinance and any other available legal remedies. Upon written application prior to the expiration of the six month period, the Planning Director shall grant a six month extension for reuse of the facility. Additional extensions beyond the first six month extension may be granted by the Planning Director subject to any conditions required to bring the project into compliance with current law(s) and make compatible with surrounding development. Section 28. That these amendments to Ordinance No. 1807 are based upon the Legislative Findings contained in Attachment ");' affixed hereto. Section 29. This act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this ordinance shall be in full force and effect from and after the date of its passage. PAGE 11 - COUNCIL BILL NO. 1839 ORDINANCE NO. 2206 ~ .. Approved as to form'Y7.~~ City Attorney //- / ~-c.;7- Date APPROVED: . Nancy A. Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: )1'\ ~ --r-~ Mary Tenn t, City Recorder City of Woodburn, Oregon November 24, 1997 December 1, 1997 Oecember 1, 1997 December 1, 1997 C:\k\attomey\zonord.tel PAGE 12 - COUNCIL BILL NO. 1839 ORDINANCE NO. 2206 ~ ,.. -'--r.----.,.-.--.--r--~' AlTACHMENT "A" LEGISLATIVE FINDINGS A. The City Council finds that these Telecommunications Facilities Regulations comply with federal law and, specifically, the Telecommunications Act of 1996 (p.L. 104-104). B. The City Council further finds that these Telecommunications Facilities Regulations do not unreasonably discriminate among providers of functionally equivalent services or have the effect of prohibiting the provision of personal wireless services. C. The City Council further finds that these Telecommunications Facilities Regulations provide, consistent with the Woodburn Zoning Ordinance and Oregon statutory requirements, that the city shall act on any request for authorization to place, construct, or modify personal wireless service facilities within a reasonable period of time after the request is duly filed with the city, taking into account the nature and scope of such request. D. The City Council further finds that these Telecommunications Facilities Regulations do not constitute regulations of the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions. E. The City Council further finds that these Telecommunications Facilities Regulations provide, consistent with the Woodburn Zoning Ordinance and Oregon statutory requirements, that the denial of a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record. ~. .,.