Ordinance No. 97-08 4 s
eta'
CITY OF TIGARD,OREGON
ORDINANCE NO.97- p$
AN ORDINANCE TO AMEND THE COMMUNITY DEVELOPMENT CODE (TITLE 18) BY
ESTABLISHING STANDARDS FOR WIRELESS COMMUNICATION FACILITIES (ZOA 97- :r
Cho F
0002)BY ADOPTING A NEW CHAPTER 152(18.152),AND DECLARING AN EMERGENCY. ' '
A S
WHEREAS,the City of Tigard finds it necessary to revise the Community Development Code periodically'
g to improve the operation and implementation of the Code; and 5
:z y54 s.
WHEREAS,concern has been expressed by citizens and Council persons regarding the need to regulate the -
proliferation of wireless communication facilities since the passage of the Federal Telecommunications Act
nr i ,
�r and
WHEREAS,the City of Tigard finds that the proposed standards regulate wireless communication facilities -f '
in a manner that minimizes visual impacts, promotes universal service to all customers, encourages
collocation of facilities to minimize the number of new facilities,ensures structural safety,and ensures all � �
h providers are treated fairly; and
i.' WHEREAS,the City of Tigard Planning Commission reviewed the proposed ordinance at a public hearing '
on June 16,1997 and July 21,1997; and
WHEREAS,the Planning Commission voted to recommend to the City Council to approve the proposed
draft of the new Chapter 18.152 as shown in Exhibit"A"; and
WHEREAS,the City Council held a public hearing on August 12,1997 to consider the ordinance; and
r
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: ksr `.Y'
r SECTION is The proposal is consistent with all relevant criteria as noted below:
t
The relevant criteria in this case are Statewide Planning Goals 1,2 and 11; City of Tigard
s Comprehensive Plan Policies LI.La,2.1.1,2.1.3 and 7.7.1; and Community Development v� �
Code Chapter 18.30. 1 � (
t The proposal is consistent with the applicable Statewide Planning Goals based on the
following findings: ax��
i 1. Goal I (Citizen Involvement), is met as the City has followed its adopted citizen r
IR
ON involvement program which involved the opportunity for review by its Citizen
h It } Involvement Team structure and public hearings as listed above. The City's Citizen
( Involvement Policies in the Comprehensive Plan have been acknowledged to be in g M
s' 3 compliance with Goal 1. Notice for all hearings was also provided in the Tigard
Times Newspaper(a paper of general circulation)that summarized and outlined the h ��
s ORDINANCE No.97- i:lcitywid6ordlzoa97-02.ord
Page I of 3
Will D. 29-Jul-97 4:38 PMWe
` t<
k » �
1 47
AN,A141`
s . ,t
j 27
Y � t
a `
� � [•
gv
" £ proposed amendments to the Community Development Code and was done so for
each public hearing. Copies of the ordinance drafts have been available at least seven
�# days prior to the public hearings, in compliance with the Tigard Community >, —�
4< Development Code Procedure; }p
S 'ON
_
tM-
2. Goal 2 (Land Use Planning), is met as the City applied all relevant Statewide ` '1
`. Planning Goals, City Comprehensive Plan Policies, and Community Development
Code requirements throughout the review of this proposal; and
1 3. Goal 11 (Public Facilities and Services), is met as the proposed measures assist in
implementing the provision of services in a more timely, orderly, and efficient
manner by promoting universal service to all customers,ensuring all providers are
treated fairly,and by providing a level or review and protection for the community
within the guidelines of the Federal Telecommunications Act.
r The proposal is consistent with the City's acknowledged Comprehensive Plan based on the
following findings: K
v 1. Policy 1.1.l.a.is satisfied as the proposed code changes are consistent with Statewide `
" Planning Goals as indicated above and the changes assist in keeping the development
code current with local needs and Federal law; fr��
2. Policies 2.1.1 and 2.1.3 are satisfied as the proposal has been reviewed at public
hearings and through the City's Public Involvement process;
3. The Council finds that the proposed changes are consistent with therovisions of
p
Comprehensive Plan Policy 7.7.1 (Public Facilities and Services),which states that g�
"community land use planning shall be coordinated with private utility agencies to
ensure the availability of services when needed." This proposed ordinance complies }
with this policy as the regulations promote universal service to all customers and `
ensures all providers are treated fairly; and
4. Community Development Code Section 18.30 which establishes procedures for uT
legislative code changes has been satisfied according to the findings above.
�-
SECTION 2: Community Development Code(Title 18)shall be amended as shown in Exhibit"A". '� '
s SECTION 3: An emergency is declared to exist by the Tigard Council because of concern that .,
applications may be submitted that would impact City of Tigard neighborhoods; g `
Fi- t
'
therefore,this ordinance is effective immediately.�' � t
� k
M bf i
PASSED: By vote of all ouncil members present after being read by number
h
and title only,this 1 day of
f #
r' Catherine Wheatley,City ecorder
1 �
ORDINANCE No.97- i:\citywide\ord\zoa97-02.ord ' "
Page 2 of 3 Will D. 29-Jul-97 4:38 PM '
rY�f ih 4 7
WOW-
1
s j
yyyy, C� f
f �
Mh?N }
# �t
$a y
.; APPROVED: By Tigard City Council this tj day of 1997.
i'
s Nicoli,Mayor
=�
ak Approved as to form:bas g ffw ded) `
, # City Attorney
a,a t
Date
r -M
g
T
2
Cs
-'2 nc
-
�„ a
s ORDINANCE No.97- is\citywide\ord\zoa97-02.ordq
Page 3 of 3 Will D. 29-Jul-97 4:38 PM T '
M-- �,c w ,d*
61 „ r r
cs
x 11"N11,11,�%IE-
Is 0
s�
.<r
„EXHIBIT A is
,' . .„....�..,..�,.,.,."ORDINANCE RECOMMENDED BY THE PLANNING COMMISSION"--- y
< s L
������� E Chapter 18.152. WIRELESS COMMUNICATION 5. "Provider" means a person or tympany in
FACILITIES. business of designing, installing, marketing and
servicing wireless communication services including `
18.152.010 Purpose. cellular telephone, personacommunications services u
l
x�
rk i 18.152.020 Definitions. (PCS), enhanced/specialized mobile telephones and " <
f f 18.152.030 Exclusions. commercial paging services.
18.152.040 Uses Permitted Outright. a "
18.152.050 Uses Subject to Director's Decision. 6. "Wireless communication facility" means anul
18.152.060 Uses Permitted Subject to unmanned facility for the transmission of radio
Conditional Use. frequency (RF) signals, usually consisting of an {
18.152.070 Submission Requirements, equipment shelter, cabinet or other enclosed structure ig /+
r 18.152.080 Collocation Protocol. containing electronic equipment, a support structure,
18.152.040 Abandoned Facilities. antennas or other transmission and reception devices.
unication facility,Purpose. 7. "Wireless commattached"
t� u
means a wireless communication facility that is affixed � z
at
A. The purpose of these regulations are to ensure that to an existing structure,e.g.,an existing building wall orw
wireless communication facilities are regulated in a roof,mechanical equipment,tower or pole,water tank, r r
manner which: utility or light pole,which does not include additional t
X
wireless communication support structure. �' 00
PP 2' 3F
1. Minimizes visual impacts;
8. "Wireless communication transmissions a z
2. Promotes universal service to all customers; towers" means a new structure, tower, pole or mast a� a � ,
erected to support wireless communication antennas and G� "
3. Encourages collocation of facilities to minimize connecting appurtenances. For the purposes of these x ,
r
the number of new facilities required; regulations,such a"tower"includes:
j 4. Ensures structural safety;and a. "Guyed tower" means a tower which is t�
supported by the use of cables(guy wires)which are y<
5. Ensures all providers are fairly treated. permanently anchored. kq ?
18.152.020 Definitions. b. "Lattice tower" means a tower h
characterized by an open framework of lateral cross � r
A. Definitions. The following definitions apply to members which stabilize the tower.
' facilities regulated by this chapter: x
c. "Monopole" means a single upright pole, u * '
1. "Antenna" means a device commonly in the engineered to be self-supporting and not requiring guy
form of a metal rod,wire panel or dish,for transmitting wires or lateral cross-supports. �w '
or receiving electro-magnetic radiation. An antenna isVVA
px '
' typically mounted on a supporting tower,pole,mast or 18.152.030 Exemptions. _+
€ building.
r + A. Exemptions. The following uses and activities shall
2. "Collocation" means the placement of two or be exempt from these regulations:
more antenna systems or platforms by separate FCC
license holders("providers")on a structure such as a 1. Existing towers and antennas and any repair, by
tower,building,water tank or utility pole. reconstruction or maintenance of these facilities which ' `
do not create a significant change in visual impact, tt )y?
sl
3. "FAA" means the Federal Aviation
` Administration. 2. Ham radio towers,citizen band transmitters and
41
p ' antennas. k
s 4. "FCC" means the Federal Communications
Commission. ^ TpS'1ai'"wxs x t
�k5)
sem�p' 13. Microwave dishes.
�pM
Wireless Comatunlcallon Facilities-City ofTigard (Draft: 7/30/97) Page/oJ6 x
yx.'ftg. fa r
tit t ^` RA
F vp� €yi 1 P Y €' 1 3
f .. v
"€ ,c
xf F,g4
S €rtrf s a 1Nul ^z�
Sft
t4* r
r
ti' 2X�,,"'yI
-tom 5 w
�3 Ni'' �
414
G
i
uykdlP
"ORDINANCE RECOMMENDED BY THE PLANNING COMMISSION".......r.............. ==
4. Antennas and equipment and other apparatus 2. The equipment shelter and related equipment 1�
completely located within an existing structure whose shall comply with the development standards,such as f 1
purpose is to enhance or facilitate communication setbacks,height limitations and lot coverage,of the base
t function of other structures on the site. zone. `)
18.152.040 Uses Permitted Outright. 3. No previously-approved landscaping shall be
/ removed to locate the accessory equipment building and 3_
A. Collocation of antenna(s) on existing towers in related equipment. If any such landscaping is removed, Edw
commercial and industrial zones. Installing an the applicant shall be required to replace it with the
antenna(s)on an existing communication tower of any equivalent quantity and type of landscaping on site,in a
height is permitted outright, so long as the additional manner to achieve the original intent, or to achieve
antenna(s) is no more than 20 feet higher than the sufficient screening of any proposed new shelter and/or
existing tower, no more than three providers are equipment if the original intent would no longer be ' <
x�
collocating on the towers, and the color of the applicable. If any removed landscaping cannot be
antenna(s) blends with the existing structure or replaced on the site, then the application shall be
` surroundings. reviewed per Section 18.152.050 below. T t
B. Collocation of antenna(s) on existing non-tower E. Towers in the I-L and I-H zones. Locating a tower ot
structures in commercial and industrial zones. Installing of any height, including antennas, other supporting
�a
an antennas on an existing structure other than a tower, equipment and accessory equipment shelters, is
() gry
such as a building, water tank, sign, light fixture or permitted by right in the 1-L and I-H zones, provided z
utility pole, is permitted outright so long as the that such a tower shall be set back from any existing off-
additional
ff additional antennas)is no more than 20 feet higher than site residence by a distance equal to the height of the � f
the existing structure,no more than three providers are tower. Any equipment shelter shall comply with the ,
collocating on the structure, and the color of the development standards of the base zone.
antenna(s) blends with the existing structure or
surroundings. 18.152.050 Uses Permitted Subject to
Director's Decision. Eu r
C. Collocation of antenna(s) on existing non-tower
structures in residential zones. Installing an antenna(s) A. Uses permitted. The Director shall review the uses t
on an existing structure other than a tower, such as a subject to the applicable Sections of 18.32 and Section
building,water tank,sign,light fixture or utility Pole,so 18.120, using approval criteria contained in Section
long as the additional antenna(s)is no more than 10 feet 18.152.0508 below. The following uses are subject to
higher than the existing structure, no more than three approval under this section: x r
providers are collocating on the structure,and the color t
of the antenna(s)blends in with the existing structure 1. Towers in commercial zones and the I-P zone. `
and surroundings. A tower, including antennas,other support equipment
£
and/or accessory equipment buildings, in any x3
D. Installation of accessory equipment shelters. Any commercial or I-P district,provided that such a tower
` provider who is authorized to collocate on an existing shall be set back from any existing off-site residence by
tower or non-tower structure as provided in Section a distance equal to the height of the tower.
18.152.040 A-C above,shall be allowed to install any
necessary accessory equipment shelters and related 2. Public open space. A tower, including
1, 4a equipment at or near the base of the tower or structure, antennas, other support equipment and/or accessory
or within the structure,so long as: equipment buildings,provided that such a tower shall be � x
wry set back from any existing off-site residence by a
1. The accessory equipment shelter and related distance equal to the height of the tower, t i
' equipment is either located completely within the '
existing structure,or is located within the fenced area
previously approved. '
Wireless Communication
F Facilities-Ci of Tigard (Draft: 7/dON7J nage 2 of Y '
s
'i. r'
g 1 'r,gyp
Y � �
4
j r t p�1
x h
A
.Y ry
. `
Y'
h ;
s
" w } v �
INK-
MINto K.4 ,a,�
, M�?''�
"ORDINANCE RECOMMENDED BY THE PLANNING COMMISSION.........................
< r -
3. Collocation in commercial and the t-P zone. 2. Setbacks: Towers shall be set back in
Collocation of an antenna(s)that extends more than 20 accordance with the setbacks contained in the base zone,
3r h 3
feet above an existing tower or non-tower structure,or except where adjacent to any existing off-site residence,
74 3 yr when collocating more than three providers in in which case the tower shall be set back by a distance t :; i
commercial and industrial zones. equal to the height of the tower. j
4. Collocation in residential zones. Collocation of 3. Tower spacing: No new tower shall be allowed
t` � a an antenna(s)that extends more than 10 feet above a within 500 feet of an existing tower. If, having
r` non-tower structure or an existing tower. completed the collocation protocol outlined in Section `
18.152.080 without success, the provider finds it -
5. Accessory equipment shelter. Installation of necessary to build a tower less than the distance r T e a
additional accessory equipment shelters or related specified above, the provider may make application for
equipmo
ent if required existing landscaping is removed a variance. The variance criteria shall be as regulated
and cannot be replaced on the site to achieve the original by Section 18.134. E
intent,or to sufficiently screen any proposed new shelter
k and/or equipment if the original intent is no longer 4. Tower height: No tower shall exceed 100 feet
applicable• for a single user or 125 for multiple users. a� -
' '.
6. Towers and antennas in public rights-of-way. 5. Lighting: No lighting shall be permitted on a l§ �
r Installation of any tower or antenna within any public tower except as required by the FAA. u rte'
right-of-way,provided that such tower or antenna shall
be set back from any offsite residence by a distance 6. Fencing and security: For security purposes, r F
equal to the height of the tower. towers and ancillary facilities shall be enclosed by a
minimum six-foot fencer tS�
>t t
B. Review criteria. Any use subject to a Director's Tse
Decision per Section 18.152.050A above, shall be 7. Landscaping and screening: Landscaping shall x
evaluated using the following standards: be placed outside the fence and shall consist of F ,wd
.J evergreen shrubs which reach six-feet in height and
1. Aesthetic: 95%opacity within three years of planting.
AM
a. New towers shall have a non-reflective 8. Noise: Noise-generating equipment shall be k y
surface and a neutral color or,if required by the FAA, sound-buffered by means of baffling,barriers or other
s be painted pursuant to the FAA's requirements. suitable means to reduce the sound level measured at the r
property line to 50 dBA (day)/40 dBA (night) when
b. If collocation on an existing tower is adjacent to a noise sensitive land use and 75 dBA ��
requested, the design of an antenna(s), accesso da )/60 dBA(night)when adjacent to other uses. is
y 9 g Yaccessory ( Y g ) 1 ; r �
i structures or equipment shall,to the extent possible,use t .
materials, colors and textures that will match the C. Other requirements. At the time a provider requests 4r
` 4 existing tower to which the equipment of the collocating a building permit,it must demonstrate compliance to all
3 provider is being attached. applicable state and federal regulations, including,but s`r3
! not limited to,the Oregon Uniform Structural,Building
c. If collocation on an existing non-tower Codes,and FAA. 1 s
a +'r structure is requested, the antenna(s) and supporting
�{✓ electrical and mechanical equipment shall be a neutral 18.152.060 Uses Permitted Subject to
color that is the same as the color as the supporting Conditional Use Review. i r
t structure so as to make the antenna(s) and relatedr ".
equipment as visually unobtrusive as possible. A. Uses permitted. The Hearings Officer shall review " gra
the uses subject to the applicable Sections of 18.32 andi r
r Section 18.130, using approval criteria contained in a `,y t"W"
Section 18.152.06013 below. The following uses are
subject to approval under this section: f }f
Wheless Communicadon Faeifilles-Clry of Tigard (Draft: 7130197) Page 3 of r �
fc r .✓.'t y7 k �"
Ulm-
WE
7,
E w
f5 `�".`oSH
"� f.t
g Opt
{ S
W M
ow
cr '2 fy ��
x
..................�......"ORDINANCE RECOMMENDED BY THE PLANNING COMMISSION"-_ € �
1. Towers in residential zones. A tower,including (4) Minimize visual impacts by varying the
antennas, other support equipment and/or accessory setbacks or landscaping standards that would otherwise
�'*� equipment buildings, in any residential zone, except be applicable, so long as the overall impact of the
ar `� towers located in public open space. proposed development is as good or better than that
which :would otherwise be required without said x'
2. Towers within areas with historic overlay variations. t♦
designation.A tower,including antennas,other support
equipment and/or accessory equipment buildings, in 2. -reflectiveColor: Towers shall have a non
1 areas with historic overlay designation. surface and a neutral color or,if required by the FAA,
J ,{ be painted pursuant to the FAA's requirements. t b
3. Towers in excess of 100 feet for a single user 7 ,
and 125 for multiple users except those located in the 3. Setbacks: Towers shall be set back from the -
I-L and I-H zones, which are allowed outright per property line by a distance equal to the height of the
Section 18.152.040E. tower.
•z*�4 gty '3 2.
B. Review criteria. Any use subject to Hearings 4. Tower spacing: No new tower in a residential
Officer review per Section 18.152.060A above,shall be zone shall be allowed within 2,000 feet of an existing;
evaluated using the following standards: tower, in a residential zone. No new tower in non-
residential zones shall be allowed within 500 feet of an
1. Protection ofpoints ofvisual interest: existing tower. If, having completed the collocation � �
protocol outlined in Section 18.(52.080 without success, a
a. Views from residential structures located the provider finds it necessary to build a tower less than ;
within 250 feet of the proposed wireless communication the distances specified above,the provider may make € �I a '
facility to the following points of visual interest shall be application for a variance. The variance criteria shall be
protected to the greatest practical extent: as regulated by Section 18.134. a
k (1) Mountains; 5. Lighting: No lighting shall be permitted on a x
tower except as required by the FAA.
(2) Significant public open spaces; `
6. Fencing and securitg: r security purposes, .,
(3) Historic structures. towers and ancillary facilities shall be enclosed by a '
minimum six-foot fence. '
s�
b. The following standards, and only the . #
following standards,shall be used to protect the above 7. Landscaping and screening: Landscaping shall
identified points of visual interest to the greatest be placed outside the fence and shall consist of '
practical extent if views from a residential structure evergreen shrubs which reach six-feet in height and _ K
located within 250 feet from a proposed wireless 95%opacity within three years of planting.
communication facility to a point of visual interest
specifically identified above is significantly affected: 8. Noise: Noise-generating equipment shall be
sound-buffered by means of baffling, barriers or other
(1) Investigate other locations within the suitable means to reduce the sound level measured at the
f same lot where such visual impacts can be minimized property line to 50 dBA (dayY40 dBA (night) when r
overall. adjacent to a noise sensitive land use and 75 dBA "
(day)/60 dBA(night)when adjacent to other uses. ¢ .
k (2) Investigate alternative tower designs
that can be used to minimize the interruption of views C. Other requirements. At the time a provider requests * '•,
from the residence to the point of visual interest. a building permit,it must demonstrate compliance to all ,
✓ applicable state and federal regulations, including,but
3 Minimize visual impacts to the int of not limited to, the Oregon Uniform Structural and
O P Po g .,
visual interest referred to above,by demonstrating that Building Codes and FAA.
14 collocation or the use of other structures within the
4 r# a applicant's service area is not feasible at this time.
"f"AN'
r fVireless Communication Facflilfes-City ojTigard (Draft. 7/30/Y7) Page 4 oj6z
FP a
,10
s
- ,Z
w s rn }
s s
ul
"N* '"w" s� spm zC
x is f
r
�� i
�
1� � ,: •-
3 . } .....w..............._.
"ORDINANCE RECOMMENDED BY THE PiANNING COMMISSION".........w..-
rr 18.152.070 Submission Requirements. This collocation protocol is designed to increase the yr'
s likelihood that all reasonable opportunities for ��
A. Submission requirements. When submitting an collocation have been investigated and the appropriate =
3s. application for a Director's Decision or Conditional Use information has been shared among providers.
pursuant to Sections 18.152.050 and 18.152.060 above,
the following information must be submitted: The City recognizes that collocation is preferable, _
where technologically feasible and visually desirable,as
1. To-scale site plan which includes: a matter of public policy, but that collocation of
antennas by providers is not always feasible for
jj a. The location of structures on the property technical or business reasons. However,if all licensed k
and the adjoining properties; providers are made aware of any pending tower or
antenna permit requests, such disclosure will allow
b. The location of the proposed facility providers to have the maximum amount of time to ? ;
including existing/new tower or non-tower structure consider possible collocation opportunities, and will '
upon which the antennas are to be attached,equipment also assure the City that all reasonable accommodations
shelter and associated equipment and fenced enclosure, for collocation have been investigated. The code creates
ifany. strong incentives for collocation because proposals for
collocation qualify for a less rigorous approval process.
c. The location and dimension of all r
landscaping, including the tyP= and size of plant B. Applicability. Requirements for the collocation I `
.naterial to be used, as well as any other landscape protocol apply only to new towers subjtvt to Director's
material incorporated into the overall site. Decision or Conditional Use review, q t
d. On-site circulation and access. C. Pre-application requirement. A pre-application [�
conference is required for all proposed free-standing
2. To-scale elevations of proposed facility and towers except those in the I-L and I-H zones,which are
ancillary equipment. permitted outright.
s` 3. A diagram or map showing the viewshed of the D. Collocation request letter requirement. At the time f �
proposed facility. a pre-application conference is scheduled,the applicant
shall demonstrate that the following notice was maileds+
4. Three to Five photo simulations of the proposed to all other wireless communication providers licensed
facility from affected residential properties and public to provide service within the City's boundaries:
rights-of-way at varying distances. F
"Pursuant to the requirements of 18.152.080,[name
5. If facility is to be located in an area of a point of of wireless provider] is hereby providing you with
= visual interest, per Section 18.152.060 B.l.a., written notice of our intent to meet with representatives of the
documentation of considerations taken to locate the City of Tigard in apre-application conference to discuss
facility in a manner which minimizes visual impacts. the location a new free-standing wireless '
s communication facility that would be located atUr �x
6. Written documentation fulfilling requirements [location]. In general,we plan to construct a[type of
of collocation protocol described in Section 18.152.080 tower] of[number] feet in height for the purpose of
a below. providing[cellular,PCS]service,
18.152.080 Collocation Protocol. Please inform us whether your company has any ur
existing or pending wireless facilities located within one r
mile of the proposed facility,that may be available for r ,r
A. Purpose. The purpose of this requirement is to s
+ create a process that will allow providers to equitably Possible collocation opportunities. Please provide us
with this information within 10 business days after the `a
share publicly-available, non-proprietary information y
date of this letter. Your cooperation is appreciated. a
among themselves, with interested persons and ,:
agencies, and with the City, at the time the provider
frfr schedules apre-application conference with the City. Sincerely[Name ofpre-application applicant]."
Wireless Convitunication Facifi les-City of Tigard (Draft. 7/30/97) Page S of 6
� E
amu# z 2ss_57
,hCG 4
x
y yy .
Y
r
,t� 4
A
x �r T
ORDINANCE RECOMMENDED BY THE PLANNING COMMISSION �...........- NNW
: E. Applicant's obligation to analyze feasibility of C. Extension. Upon written application, prior to the } `
"
collocation. If a response to a collocation request letter expiration of the six-month period,the Director snail,in s� r +
f is received by an applicant indicating an opportunity for writing, grant a six-month extension for reuse of the Irt
collocation on an existing tower of another provider,the facility. Additional extensions beyond the first six- `r G
applicant shall make a good faith effort to analyze the month extension may be granted by the Director subject e >
feasibility of collocation. This analysis shall be to any conditions required to bring the project or facility Ott;
submitted with an application for a freestanding tower. into compliance with current regulation(s)and make it e
+RN 7A good faith effort to investigate the feasibility of compatible with surrounding development. r��
collocation on an existing facility shall be deemed to
l have occurred if the applicant submits all of the
following information: " - e!
y jjm�
1. A statement from a qualified engineer
' r indicating whether the necessary service can or cannot
be provided by collocation at the potential collocation
2. Evidence that lessor of the potential collocation
wr� ! site either agrees or disagrees to collocation on his/her
1 tis property.
3. Evidence that adequate site area exists or does
not exist at the potential collocation site to
accommodate ancillary equipment for the second xx
provider and still meet all of the development standards
required in the base zone.
}
4. Evidence that adequate access does or does not -
,r exist at the possible collocation site. e
`c# a F. Result of collocation feasibility analysis. If the
fx applicant has provided information addressing each of
the criteria in 18.152.080D above, the collocation
protocol shall be deemed complete. The applicant's
p # a ,,,r tower shall then be permitted subject to the applicable
standards and restrictions contained in this chapter.
a xS
18.152.090 Abandoned Facilities.
}
A. Abandonment defined. A wireless communication
;s�t tri facility which has been discontinued for a period of six
consecutive months or longer is hereby declared €`
�f s
abandoned.
r
° * B. Removal of abandoned facilities. Abandoned # -
fi facilities as defined in Section 18.152.090A above shall rt 1
be removed by the property owner within 90 days from >
!P W
£
date of abandonment. Failure to remove an abandoned
facility is declared a public nuisance and is subject to '. s .
penalties per Chapter 7.40 of the Municipal Code. hApauylmastcnk13,152 }
30-rui-97 8:54 AM t ;
' Tr ,
r
Wireless Communication Facilities-City of Tigard (Draft. 7130197) Page 6 of 6
"m
fy
1.
$ -11011
w s�
`at e
r
m �
4
r ", zr9
h
wow
iveyierz..,>Ya��y� 4Fit
413
EXHIBIT $ r
1--;�
�s S �. .nw. ro
yP k f 40 �i r a
Agenda Item: �` 1 s _
fr a,+
z Heating Date: fume § 1997 713D-EM-
41
:30 PM ��
1 _
A
STAFF REPORT TO THEn# �
s PLANNING COtYfiRS'ON ' x �
,._�. .
E cm of no�ao
FOR THE CITY OF TIGANO,OREGON Community�DeveCopmtnt
t Shaping A�&tterCommunity
TION 1• APPLICATION SUMMARY F
L
E NAME. WIDCI CCC C'AMMI INICOTIC)N FACILITIES ' c��� �
CASES: FILA��..��� �•>.
Zone Ordinance Amendment 97-0002
APPLICANT: City of Tigard OWNER: Same
13125 SW Hall Boulevard
Tigard,OR 97223
LOCATION: Citywide `
3 E REQUEST: A proposal to amend the Community Development Code(Title 18)by
establishing standards for wireless communication facilities by creating x {
a new Chapter 152 18.152. The purpose of these regulations are to
p ( ) p rP eg
ensure that wireless communication facilities are regulated in a
t manner which minimizes visual impacts,promotes universal service to
all customers, encourages collocation of facilities to minimize the
number of new facnities, ensures structural safety, and ensures all °~
providers are fairly treated. L E
APPLICABLE
` REVIEW r i
s't k CRITERIA: Statewide Planning Goals 1, 2 and 11; Tigard Comprehensive Plan
Policies 1.1.1.a,2.1,1,2.1.3 and 7.7.1; and Community Development ,
Code Chapter 18.30. 4
hk �FcTlO�!II:
BACKGROUND INFORMATION
Viral Information_
�4 p The passage of the Federal Telecommunications Act and the selling of new wireless � n
a
*' licenses by the Federal Communications Commission(FCC)has significantly increased the
number of requests for cellular and personal communication services, communication
towers both locally and across the country. Concern has been expressed by citizens and d F
` a council persons regarding the need to regulate the prol'deration of facilities.
'N -IAN' a-
` PAGE t OF
STAFF REPORT THE P.C. WIRELESS COMMUNICATION FACILITIES-ZOA 91-0002
r
- s
4z r
Gk' s $ t
MO
h
kir sr
z�
' z fg 'k „
r ;y L
1
Federal Telecommunications-Acts t•
The Federal Telecommunications Act was passed in 1996. This Act deregulated the
E� ,rx: , nation's communication industry. This deregulation has created a marketplace filled with `'
new,more efficient technologies.
The Act places three important limitations on local governments as follows:
r
1. cities may not"unreasonably discriminate among providers of functionally equivalent � x I
rt M services",
M
2. cities may not"prohibit or have the effect of prohibiting the provision of personal
„ wireless services",and sit
3. cities may not regulate personal wireless services"on the basis of the environmental
effects of radio frequency emissions to the extent that such facilities comply with the
" � -
(FCC's)regulations concerning such emissions." -
Existing Reg dation k �
Cellular towers and wireless facilities are considered utilities under existing development IYY
code regulations. Utilities are a conditional use that can be approved after a public hearing
by the Hearing's Officer. While buffering, landscaping, and other regulations can be
"z applied to wireless facilities, the code has no specific language or standards directed
specifically at these facilities. -V R
Summary of Proposed Ordinance:
j Staff has attached a proposed ordinance that will address the requirements of the Federal a' ?
Communications Act and provide for reasonable regulation of wireless facilities. We are c
fortunate to have learned from the experience of other cities and have reviewed regulations �.
Y from throughout the country. The proposed ordinance is a close adaptation of a model :5
devY.
eloped from the experience of Oregon cities and with input from the wireless industry. _
r
The City's consultant team working on the community development code rewrite provided ;
us with the model and code language to incorporate into the rewrite. Staff has reformatted
the draft back to the existing code format so that the new wireless regulations could be
�
" considered without waiting until the code rewrite is complete. a
The new code section provides for an incentive based system for location. It recognizes w r �
r,y57
` that regulations must not have the effect of prohibiting service and provides for the ability of
t wireless companies to place facilities where their cellular needs occur.
qa -
THE PROPOSED"DRAFT"ORDINANCE INCLUDES:
h?.-3k to t,•
t > collocation is encouraged in that use of existing towers is permitted outright;
> new towers are also allowed outright in the I-L Light and Heavy Industrial zones;" Y
STAFF REPORT TO THE P.C. WIRELESS COMMUNICATION FACILITIES-ZOA 97-
0002 PAGE 2 OF 3 -
�,( - < � r.
2Nf
f4 t9 ..N 4 b T f
A'
s �cY�S
4
{ e P
Wl
x
MEW
t
} > new towers in Commercial and the Industrial Park zones require a Director's decision; 1
` : new towers in residential zones, historic overlay, and in excess of 100 feet for a single f
user and 125 feet for multiple users (except in the 1-H and I-L zones) require a
_ conditional use;
> a collocation protocol for all freestanding towers requires that wireless applicants must
prove a good faith effort to collocate on existing facilities at the time of pre-application }
conference;
> standards include tower spacing (500 feet), setbacks (must be designed to collapse
{ within themselves, in accordance with base zone setbacks or be setback from the xa
property line by a distance equal to the height of the tower),fencing and landscaping;
> review criteria for residentially located towers include protection of views and from
noise; v
> staff added requirements for a diagram showing the viewshed of a proposed facility and .
three to five photo simulations of the proposed facility in the submittal requirements to °-
help judge the impact of construction; and `
> staff has, but did not include in the draft, language that would require towers to be
camouflaged like native tree species. This has,apparently,been successful only in the
desert southwest. while design companies claim that they can make towers look like
palm,lodgepole pine and fir trees, it has been indicated that the costs of maintenance ,
and construction are higher. Other than pictures of the faux tree towers and building
adornments,staff has no examples of such camouflage techniques. -
S
SECTION 111: STAFF RECOMMENDATION
1 a
Staff recommends that the Planning Commission find that the proposed Ordinance will not
adversely affect the health, safety and welfare of the City. Therefore,staff recommends =
' THAT THE ATTACHED WIRELESS COMMUNICATION FACILITIES ORDINANCE
(18.152) BE RECOMMENDED TO THE CITY COUNCIL OR AS AMENDED BY THE
PLANNING COMMISSION. ;" 01
u k
r June 4. 1997 +
PREPARED BY: William D'Andrea DATE
.,> _ Associate Planner,AICP
t June 4. 1997 ^�
' APPROVED BY: Richard Bewersdorff DATE +
Planning Manages ,,
i:lcurp1n1z0a97.02.rpt r44
$. STAFF REPORT To THE P.C. WIRELESS COMMUNICATION FACILITIES-ZOA 97.0002 PAGE 3 OF 3
1-
0,�yYea �'�tzid
� F
I 1
.r
._CITY OF TI6ARD-"FINAL DRAFT"_
f\�
r 'r Chapter 18.152. WIRELESS COMMUNICATION S. "Provider" means a person or company in
FACILITIES. business of designing, installing, marketing and
servicing wireless communication services including
18.152.010 Purpose. cellular telephone, personal communications services
18.152.020 Definitions (PCS), enhanced/specialized mobile telephones and
` 18152.030 Exclusions commercial paging services. u"®
18.152.040 Uses Permitted Outright.
18.152.050 Uses Subject to Director's Decision. 6. "Wireless communication facility" means an
18.152.060 Uses Permitted Subject to unmanned facility for the transmission of radio
Conditional Use. frequency (RF) signals, usually consisting of an
18.152.070 Submission Requirements. equipment shelter, cabinet or other enclosed structure
18.152A80 Collocation Protocol. containing electronic equipment, a support structure, h [r
18.152.090 Abandoned Facilities. antennas or other transmission and reception devices. ` r
fff q
j 18.152.010 Purpose. 7. "Wireless communication facility, attached" -
means a wireless communication facility that is affixed
A. The purpose of these regulations are to ensure that to an existing structure,e.g.,an existing building wall or * �
w wireless communication facilities are regulated in a roof,mechanical equipment,tower or le,water tank, g €s's t
Pow 7,.
manner which: utility or light pole,which does not include additional
wireless communication support structure. '
1. Minimizes visual impacts;
8. "Wireless communication transmissions i` ° 8 � '
2. Promotes universal service to all customers; towers" means a new structure, tower, pole or mast tilr�" f
erected to support wireless communication antennas and r �
3. Encourages collocation of facilities to minimconnecting appurtenances. For the purposes of theset� ,
the number of new facilities required; regulations,such a"tower"includes:
4. Ensures structural safety;and a. "Guyed tower" means a tower which is
supported by the use of cables(guy wires)which are
5. Ensures all provides are fairly treated. permanently anchored. ' '
18.152.020 Definitions b. "Lattice tower" means a tower ' ag ��R
characterized by an open framework of lateral cross �s
A. Definitions. The following definitions apply to members which stabilize the tower. �� y
facilities regulated by this chapter: i
c. "Monopole" means a single uptight pole,
I. "Antenna" means a device common) in the engineered to be self-supporting and requiring u wires
y ' g PPo g 4 8 g Y
form of a metal rod,wire panel or dish,for transmitting or lateral cross-supports. �• r
or receiving electro-magnetic radiation. An antenna is
typically mounted on a supporting tower,pole,mast or 18.152.030 ExemptionsEi
r,
building. k tr�r
A. Exemptions. The following uses and activities shall �i' w•
2. "Collocation" means the placement of two or be exempt from these regulations. ,
r more antenna systems or platforms by separate FCC
license holders ("providers")on a structure such as a 1. Existing towers and antennas and any repair, w
f kf i 3i'p14``•f"�
tower,building,water tank or utility pole. reconstruction or maintenance of these facilities which ,,
do not create a significant change in visual impact.
NE
3. "FAA" means the Federal Aviation
k Administration. 2. Ham radio towers,citizen band transmitters and
antennas.
4. "FCC" means the Federal Communications
' Commission. 3. Microwaye dishes. r
a
r Wireless Communlcadon Faeilldes (Draft:S/29� Paga i of o �
' "i
F ' ry "�'•a
r VI
s y
r �
� t
_.CITY OF TIMHO-"FINAL ORAR'.
4. Antennas and equipment and other apparatus setbacks,height limitations and lot coverage,of the base
completely located within an existing structure whose zone; Elmo-
purpose
iltpurpose is to enhance or facilitate communication r
'function of other structures on the site. 3. No previously-approved landscaping shall be LID
removed to locate the accessory equipment building and
18.152.040Uses Permitted Outright related equipment. If any such landscaping is removed,
the applicant shall be required to replace it with the
A. Collocation of antenna(s) on existing towers in equivalent quantity and type of landscaping on site,in a C�
commercial and industrial zones. Installing an manner to achieve the original intent, or to achieve
antenna(s)on an existing communication tower of any sufficient screening of any proposed new shelter and/or `
height is permitted outright, so long as the additional equipment if the original intent would no longer be j
antenna(s) is no more than 20 feet higher than the applicable. If any removed landscaping cannot be f r r
existing tower, no more than three providers are replace on site,then the applicant shall be reviewed per !i
colocating on the towers,and the color of the antenna(s) Section 18.152.050 below.
blends with the existing structure or surroundings.
E. Towers in the I-L and 1-14 zones. Locating a tower !
B. Collocation of antenna(s) on existing non-tower of any height, including antennas, other supporting
structures in commercial and industrial zones. Installing equipment and accessory equipment shelters, is
an antenna(s)on an existing structure other than a tower, permitted by right in the I-L and I-H zones,providing
such as a building, water tank, sign, light fixture or that such a tower shall be set back from any existing off-
utility pole, is permitted outright so long as the site residence by a distance equal to the height of the
additional antenna(s)is no more than 20 feet higher than tower. Any equipment shelter shall comply with the
the existing structure,no more than three providers are development standards of the base zone.
colocating on the structure, and the color of the
antenna(s) blends with the existing structure or 18.152.050 Uses Permitted Subject to r'
_ surroundings. Dir ctor's Decision
j �)C. Collocation of antenna(s) on existing non-tower A. Uses permitted. The Director shall review the uses
structures in residential zones. Installing an antennas) subject to the applicable Sections of 18.32 and Section r
on an existing structure other than a tower, such as a 18.120, using approval criteria contained in Section ;
building,water tank,sign,light fixture or utility pole,so 18.152.050B below. The following uses are subject to
long as the additional antenna(s)is no more than 10 feet approval under this section:
higher than the existing structure,no more than three
providers are colocating on the structure,and the color 1. Towers in commercial zones and the I-P zone.
of the antenna(s)blends in with the existing structure A tower, including antennas, other support equipment r .
and surroundings. and/or accessory equipment buildings, in
any
commercial or I•P district,provided that such a tower
D. Installation of accessory equipment shelters. Any shall be set back from any existing off-site residence by f _
provider who is authorized to collocate on an existing a distance equal to the height of the tower. ,
�a�a
tower or non-tower structure as provided in Section
18.152.040 A-C above,shall be allowed to install any 2. Public open space. A tower, including ( >" '
z h
necessary accessory equipment shelters and related antennas, other support equipment and/or accessory „
equipment at or near the base of the tower or structure, equipment buildings,provided that such a tower shall be
or within the structure,so long as: set back from any existing off-site residence by a :
distance equal to the height of the tower.
I. The accessory equipment shelter and related
equipment is either located completely within the 3. Collocation in commercial and the I zone.
existing structure,or is located within the fenced area Collocation of an antenna(s)that extends more than 20
previously approved; feet above an existing tower or non-tower structure,or
when colocating more than three providers in t
2. The equipment shelter and related equipment commercial and industrial zones.
shall comply with the development standards, such as U
J.
r t,.
s Wirden Conrrnanleadon FacilkidC
(Draft:5/L➢7) Page 2 of 6
A yv
y _ j
4)
- r
4 4 . _CITY OF TIGARD-"FINAL DRAFT'_ r
4. Collocation in residential zones. Collocation of b. Towers not designed to collapse within I
„- an antenna(s)that extends more than 10 feet above a themselves shall be set back from the property line by a �-
�non-tower structure or an existing tower. distance equal to the height of the tower.
ri
5. Accessory equipment shelter. Installation of 3. Tower spacing: No new tower shall be allowed
additional accessory equipment shelters or related within 500 feet of an existing tower. If, having
equipment if required existing landscaping is removed completed the collocation protocol outlined in Section
riginal 18.152.080 without success, the provider will be
and cannot be replaced on the site to achieve the o
intent,or to sufficiently screen any proposed new shelter required to build a tower less than 500 feet from an Elm
and/or equipment if the original intent is no longer existing tower, it will be required to obtain a vaziance, :{
applicable. as regulated by Section 18.134. oft
J6. Towers and antennas in public rights-of-way. 4. Tower height: No tower shall exceed 100 feet
Installation of any tower or antenna within any public for a single user or 125 for multiple users. 4
right-of-way,provided that such tower or antenna shall
be set back from any off-site residence by a distance 5. Lighting: No lighting shall be permitted on a ,
equal to the height of the tower. tower except as required by the FAA.
B. Review criteria. Any use subject to a Director's C. Other requirements. At the time a provider requests rb ,
Decision per Section 18.152.050A above, shall be a building permit,it must demonstrate compliance to all
evaluated using the following standards: applicable state and federal regulations, including, but
not limited to,the Oregon Uniform Structural,Building '
T. I. Aesthetic: Codes,and FAA. qty t
a. New towers shall maintain a non-reflective 18.152.060 Uses Permitted Subject to
finish or, if required by the FAA, be painted Conditional Use Review
gray
P t _
pursuant to the FAA's requirements. ''a`
A. Uses permitted. The Hearings Officer shall review r s3
b. If collocation on an existing tower is the uses subject to the applicable Sections of 18.32 and r ;
requested, the design of any antenna(s), accessory Section 18.130, using approval criteria contained in � ��
structures or equipment shall,to the extent possible,use Section 18.152.060B below. The following uses are kr -+
materials, colors and textures that will match the subject to approval under this section:
Cf
A V7
existing tower to which the equipment of the colocating
provider is being attached. 1. Towers in residential zones. A tower,including
antennas, other support equipment and/or accessory y
c. If collocation on an existing non-tower equipment buildings, in any residential zone, except
structure is requested, the antenna(s) and supporting towers located in public open space.
electrical and mechanical equipment shall be a neutralr
color that is the same as the color as the supporting 2. Towers within areas with historic overlayr
structure so as to make the antenna(s) and related designation.A tower,including antennas,other support r, Y `
equipment as visually unobtrusive as possible. equipment and/or accessory equipment buildings, in = ; 1
areas with historic overlay designation.
z ;
2. Setbacks: `
3. Towers in excess of 100 feet for a single userh`
a. Towers designed to collapse within and 125 for multiple users except those located in the
themselves shall be set back in accordance with the I-L and I-H zones, which aallowed outright per a
re z;
setbacks contained in the base zone, except where Section 18.152.040E. s
{ ' adjacent to any existing off-site residence,in which case B. Review criteria. Any use subject to Hearings .
the tower shall be set back by a distance equal to the Officer review per Section 18.152.060A above,shall be # ".
�teight of the tower. evaluated using the following standards: a �
1. Protection of points of visual interest: k
xW WLdess Cannnrrnicalian Facilities (Draft: S/L97) Page 3 o76
� f
rr �
r
[ r�
.x ra
x
Px '
3t R
O
_CITY OF T16ARD-"FINAL ORAFP_
r a. Views from residential structures located required to build a tower less than the distances
a
within 250 feet of the proposed wireless communication specified above,it will be required to obtain a variance, I
r facility to the following points of visual interest shall be as regulated by Section 18.134.
rotected to the greatest practical extent:
5. Lighting: No lighting shall be permitted on a
(1) Mountains; tower except as required by the FAA.
(2) Significant public open spaces; 6. Fencing and security: For security purposes,
towers and ancillary facilities shall be enclosed by a
(3) Historic structures. six-foot fence.
b. The following standards, and only the 7. Landscaping and screening. Landscaping shall
following standards,shall be used to protect the above be placed outside the fence and shall consist of
identified points of visual interest to the greatest evergreen shrubs which reach six-feet in height and F
practical extent if views from a residential structure 95%opacity within three years of planting. s v,
located within 250 feet from a proposed wireless
communication facility to a point of visual interest 8. Noise: Noise-generating equipment shall be �' fkti
specifically identified above is significantly affected: sound-buffered by means of baffling,barriers or other # '
suitable means to reduce the sound level measured at the
(1) Investigate other locations within the property line to 45 dBA when adjacent to residentiala�+
same lot where such visual impacts can be minimized uses and 55 dBA when adjacent to other uses.
overall. . .
C. Other requirements. At the time a provider requests V
(2) Investigate alternative tower designs a building permit,it must demonstrate compliance to all
that can be used to minimize the interruption of views applicable state and�deraI regulations, including,but
_from the residence to the point of visual interest. not limited to, the Oregon Uniform Structural and
�✓1 Building Codes and FAA. N X.F411
(3) Minimize visual impacts to the point of b;P
":s #
visual interest referred to above,by demonstrating that 18.152.070 Submission Requirements7 ,
collocation or the use of other structures within the
Ila, '
applicant's service area is not feasible at this time. A. Submission requirements. When submitting an -
application for a Director's Decision or Conditional Use ¢
j (4) Minimize visual impacts by varying the pursuant to Sections 18.152.050 and 18.152.060 above,
setbacks or landscaping standards that would otherwise the following information must be submitted: "
be applicable, so long as the overall impact of the `
proposed development is as good or better than that 1. To-scale site plan which includes: t '
r which would otherwise be required without said _4
variations. a. The location of structures on the property
`w
and the adjoining properties; �x
2. Color. Towers shall have a non-reflective ;S
surface and a neutral color or,if required by the FAA, b. The location of the proposed facilityr
be painted pursuant to the FAA's requirements. including existing/new tower or non-tower structure " r
upon which the antennas are to be attached,equipment `:
3. Setbacks: Towers shall be set back from the shelter and associated equipment and fenced enclosure,
property line by a distance equal to the height of the if any.
tower. '
4. Tower spacing: No rew tower in a residential c. The location and dimension of all
zone shall be allowed within 2,000 feet of an existing landscaping, including the type and size of plant X
r
w tower.No new tower in non-residential zones shall be material to be uses, as well as any other landscape '<
(lowed within 500 feet of an existing tower.If,having material incorporated into the overall site.
completed the collocation protocol outlined in Section
' 18.152.080 without success, the provider will be d. On-site circulation and access. a"
f
Wlrekn Conananicadon Facdaler (Draft. 5/ZN 1
r { fr• Page 4 of 6 r
t�
r
e'
a
' �`
3 . Y
t
f Q S
�X 4
,
R t 3 1 ri
_ s
M
i�
_0::�DF'!I !!D."FINAL DRAFT"- [dD
?. To-scale elevations of proposed facility and C. Pre-application requirement. A pre-application
ancillary equipment. conference is required for all proposed free-standing
towers except those in the t-L and 4H pones,which are I-
3. A diagram or map showing the viewshed of the permitted outright.
proposedfacility.
D. Collocation request letter requirement. At the time
4. Three to Five photo simulations of the proposed a pre-application conference is scheduled,the applicant -
facility from affected residential properties and public shall demonstrate that the following notice was mailed
rights-of-way at varying distances. to all other wireless communication providers licensed
to provide service within the City's boundaries: ;
5. If facility is to be locatd in an area of a point of f
visual interest, per Section 18.152.060 B.l.a., written "Pursuant to the requirements of 18.152.080,(name
1 documentation of considerations taken to locate the of wireless provider] is hereby providing you with
facili in a manner which minimizes visual impacts. notice of our intent to meet with representatives of the
ty
City of Tigard in a pre-application conference to discuss
6. Written documentation fulfilling requirements the location a new free-standing wireless ; t s;
of collocation protocol described in Section 18.152.080 communication facility that would be located at
below. [location]. In general,we plan to construct a(type of
tower] of(number] feet in height for the purpose of
18.152.080 Collocation Protocol providing(cellular,PCS]service, x r
Please inform us whether your company has any
{ A. Purpose. The purpose of this requirement is to existing or pending wireless facilities located within onek
create a process that will allow providers to equitably mile of the proposed facility,that may be available for ..
share publicly-available, non-proprietary information possible collocation opportunities. Please provide us
among themselves, with interested persons and with this information within 10 business days after the .. 4 �<.
agencies, and with the City, at the time the provider date of this letter. Your cooperation is appreciated.
hdules a pre-application conference with the City.
x
This collocation protocol is designed to increase the Sincerely(Name of pre-application applicant]:' x
likelihood that all reasonable opportunities for
collocation have been investigated and the appropriate E Applicant's obligation to analyze feasibility of
information has been shard among providers. collocation.If a response to a collocation request letter `
is received by an applicant indicating an opportunity for "
The City
recognizes that collocation is referable,
gn p collocation on an existing tower of another provider,the
where technologically feasible and visually desirable,as
applicant shall make a god faith effort to analyze the
a matter of public policy, but that collocationof feasibility of collocation. This analysis shall be
i antennas by providers is not always feasible for submitted with an application for a freestanding tower.
technical or business reasons. However,if all licensed A good faith effort to investigate the feasibility of
providers are made aware of any pending tower or collocation on an existing facility shall be deemed to
antenna permit requests, such disclosure will allow have occurred if the applicant submits all of the
providers to have the maximum amount of time to following information: s
consider possible collocation opportunities, and will "
also assure the City that all reasonable accommodations 1• A statement from a qualified engineer f, '
for collocation have been investigated.The code creates gam.
indicating whether the necessary service can or cannot
strong incentives for collocation because proposals for be provided by collocation at the potential collocation
collocation qualify for a less rigorous approval process. site;
B. Applicability. Requirements for the collocation 2• Evidence that lessor of the potential collocation
} f protocol apply only to new towers subject to Directors site either agrees or disagrees to collocation on his/herq
Decision or Conditional Use review.
property; x
} y
� n
S
4 Wheless Convnunkarton Facilhler (Draft: 5297) Page S aj6
E
f
"
_ t
sk A k5:
r{
A.
e. �,.- .tsd..Jls L. r..53J'L>Q?...x a-..._.. .. .,...-. .arraou...�_-�_..._.-.....,✓ �5�:+�� 4p3 "r
raw
_CITY OF TIGARD- FINAL DRAFT"-
3.
RAFT _
3. Evidence that adequate site area exists or does `= t -'.
.Wrl not exist at the potential collocation site to
y accommodate ancillary equipment for the second i
u� rovider and still meet all of the development standards
x j required in the base zone; r �
> "
MR
4.
4. Evidence that adequate access does or does not [i
exist at the possible collocation site.
F. Result of collocation feasibility analysis. If the
applicant has provided information addressing each of
'`� the criteria in 18.152.0801) above, the collocation
x( r
protocol shall be deemed complete. The applicants '
tower shall then be permitted subject to the applicable
5 standards and restrictions contained in this chapter.
r 18.152.090 Abandoned Facilities
g"e
'� A. Abandonment defined. A wireless communication
URP� facility which has been discontinued for a period of six21,
g%�R6 consecutive months or longer is hereby declared
t W, r abandoned.
sy B. Removal of abandoned facilities. Abandoned ,
r��"i ( t facilities as defined in Section 18.152.090A above shall
6e removed by the property owner within 90 days from i,V
� ; rate of abandonment.Failure to remove an abandoned :
c� facility is declared a public nuisance and is subject to
penalties per Chapter 7.40 of the Municipal Code.
a =�
C. Extension. Upon written application, prior to the — --- '
expiration of the six-month period,the Director shall,in $
writing,grant a six-month extension for reuse of the
facility. Additional extensions beyond the first six- y.
j month extension may be granted by the Director subject
to any conditions required to bring the project or facility '
L into compliance with current regulation(s)and make it
compatible with surrounding development.
A $y�
�f{tiV���'{L_lij •
` l a h:lpanyksnasars%18.152 Y .n
21-May-97 11:44 AM
WYeless Commankatlon FacUlrks (Draft:Sl2l97) Page 6 of 677
.
AIR I
Al
r
? k �
z �
t
* #J rav
g
m