Chapter 3.7
WIRELESS AND BROADCAST COMMUNICATION FACILITIES Revised 4/19

– STANDARDS AND PROCESS

Sections:

3.7.100    Purpose and Applicability. Revised 4/19

3.7.200    Definitions. Revised 4/19

3.7.300    Application Requirements. Revised 4/19

3.7.400    General Regulations. Revised 4/19

3.7.500    Review Process and Approval Standards. Revised 4/19

3.7.550    Eligible Facilities Request for a Modification of an Existing Tower or Base Station. Revised 4/19

3.7.600    Exemptions. Revised 4/19

3.7.700    Maintenance. Revised 4/19

3.7.800    Inspections. Revised 4/19

3.7.900    Preexisting Towers. Revised 4/19

3.7.1000    Abandonment or Discontinuation of Use. Revised 4/19

3.7.100 Purpose and Applicability. Revised 4/19

A.    Purpose. This chapter is intended to accommodate the provision of wireless and broadcast communication services and provide a uniform and comprehensive set of standards for the development, siting, and installation of wireless and broadcast communication facilities. In accordance with the guidelines and intent of Federal law and the Telecommunications Act of 1996, these regulations are intended to: (1) protect and promote the public health, safety, and welfare of the residents of Bend; (2) preserve neighborhood character and protect aesthetic quality; (3) encourage siting in preferred locations; and (4) minimize adverse visual impacts through careful design, configuration, screening, and innovative camouflaging techniques.

B.    Applicability.

1.    This chapter applies to the development, siting, and installation of wireless and broadcast communication facilities, including but not limited to cellular telephone facilities, broadband internet facilities, and radio and TV broadcasting facilities. This chapter in no way prohibits, restricts, or impairs the installation, maintenance, or use of video antennas (including direct-to-home satellite dishes, TV antennas, and wireless cable antennas) used by viewers to receive video programming signals from direct broadcast facilities, broadband radio service providers, and TV broadcast stations.

2.    This chapter also applies to an eligible facilities request for a modification of an existing tower or base station that does not substantially change the physical dimension of such tower or base station. See BDC 3.7.550, Eligible Facilities Request for a Modification of an Existing Tower or Base Station. [Ord. NS-2328, 2019; Ord. NS-2158, 2011; Ord. NS-2016, 2006]

3.7.200 Definitions. Revised 4/19

The following words and phrases used in this chapter, which supplement the definitions found in BDC Chapter 1.2 and elsewhere in this code, shall have the following meanings:

Antenna means any system of wires, poles, rods, reflecting discs or similar devices designed for telephonic, radio, facsimile, data, or television communications through sending and/or receiving of electromagnetic waves when such system is either external to or attached to the exterior of a structure. Antennas shall include, but not be limited to, devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted up and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be part of the antenna.

Antenna height means the vertical distance measured from the ground surface at grade to the tip of the highest point of the antenna on the proposed structure.

Antenna support means any pole, telescoping mast, tower, tripod or any other structure that supports a device used in the transmitting and/or receiving of electromagnetic waves.

Appurtenances means attachments to the tower including, but not limited to, antennas, radios, mounts, rods, and other equipment related to the operation of the wireless communication facility.

Base station means a structure or equipment at a fixed location that enables Federal Communications Commission (FCC) licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this section or any equipment associated with a tower.

1.    The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

2.    The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).

3.    The term includes any structure other than a tower that, at the time the relevant application is filed with the State or local government under BDC 3.7.550, supports or houses equipment described in subsections (1) and (2) of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

4.    The term does not include any structure that, at the time the relevant application is filed with the State or local government under BDC 3.7.550, does not support or house equipment described in subsections (1) and (2) of this definition.

Broadcast communication facility means any facility that transmits radio or television signals including, but not limited to, antennas, dish antennas, microwave antennas, and other types of equipment for the transmission of such signals, including towers and similar supporting structures, equipment cabinets or buildings, parking areas, and other accessory development. This definition does not apply to amateur radio stations as defined by the Federal Communications Commission, Part 97 of the Commission’s Rules.

Camouflaged means any wireless or broadcast communication facility that is designed to blend into the surrounding environment. Examples of camouflaged facilities may include architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, antennas integrated into architectural elements, towers made to look like trees and antenna support structures designed to look like flag poles or light poles.

Co-location means locating wireless or broadcast communication equipment from more than one provider on a single support structure.

Equipment building, shelter or cabinet means a cabinet or building used to house equipment used by wireless or broadcast communication providers at a facility.

Facade-mounted antenna means an antenna architecturally integrated into the facade of a building or structure.

Facility means a wireless or broadcast communication facility.

Facility or personal wireless service facility for small wireless facilities means an antenna facility or a structure that is used for the provision of personal wireless service, whether such service is provided on a stand-alone basis or commingled with other wireless communications services.

Faux tree means a wireless or broadcast communication tower camouflaged to resemble a tree.

Guyed tower means a wireless or broadcast communication tower that is supported, in whole or in part, by guy wires and ground anchors.

High visibility means the following types of wireless or broadcast communication facilities:

1.    Monopoles, lattice towers and guyed towers.

2.    Any wireless or broadcast communication facilities that do not meet the definition of stealth, low visibility, or moderate visibility.

Lattice tower means a guyed or self-supporting three- or four-sided, open, steel frame support structure used to support wireless or broadcast communication equipment.

Low visibility means the following facilities if they do not exceed the height limit of the applicable zoning district, or if they do not increase the height of an existing facility:

1.    Whip antennas not exceeding six feet in length or height, including mounting, and measuring no more than three inches in diameter, located on existing structures including, but not limited to, water storage tanks, high-voltage transmission towers, utility towers and poles, sign standards, and roadway overpasses, with equipment cabinets that are screened from view.

2.    Facilities, including equipment cabinets, that are screened from view through the use of architectural treatments, such as cupolas, steeples, and parapets, and are consistent with existing development on adjacent properties.

3.    Additions to existing permitted low visibility facilities if the additions themselves meet the definition of low visibility and are designed to minimize visibility of both the facility and equipment cabinets.

4.    Changes to an existing building that are consistent with the building’s architectural style and the equipment cabinets are not visible.

Maintenance means emergency or routine repairs or replacement of transmitters, antennas, or other components of previously approved wireless telecommunication facilities which do not create a significant change in visual appearance or visual impact.

Microcells provide additional coverage and capacity where there are high numbers of users within urban and suburban macrocells. The antennas for microcells are mounted at street level, typically on the external walls of existing structures, lamp-posts, and other street furniture. Microcell antennas are usually smaller than macrocell antennas, and when mounted on existing structures, can often blend into building features. Microcells provide radio coverage over distances, typically between 100 meters and 1,000 meters, and operate at power levels substantially below those of macrocells.

Moderate visibility means the following facilities if they do not exceed the height limit of the applicable zoning district, or do not increase the height of an existing facility, unless approved through a Conditional Use Permit:

1.    Panel-shaped antennas not exceeding eight feet in length or height that are flush-mounted to an existing building facade or other existing structure on at least one edge, or extend a maximum of 24 inches from the building facade or other structure at any edge, do not exceed the height of the building or other structure, and are designed to blend with the color, texture, and design of the existing building or structure, with equipment cabinets that are screened from view.

2.    Wireless or broadcast communication facilities that are camouflaged, such as faux trees, flag poles, and light poles; provided, that the equipment building, shelter, or cabinet for the facility is screened or camouflaged.

Monopole means a wireless or broadcast communication facility consisting of a single pole constructed for purposes of supporting one or more antennas without guy wires or ground anchors.

Neighborhood character means those unique attributes including, but not limited to, architecture, historical and cultural features, historical development patterns, landscape, hardscape, and the size, scale and spacing of buildings and other structures that define a neighborhood’s identity.

Panel or directional antenna means an antenna or array of antennas designed to concentrate a radio signal in a particular area.

RF means radio frequency.

Roof-mounted antenna means any antenna with its support structure placed directly on the roof of any building or structure.

Screened means concealed from view with a sight-obscuring fence, wall or vegetation.

Service area means the area served by a single wireless or broadcast communication facility.

Side-mounted antennas means those antennas that are mounted on the side of a tower structure at any height, and includes both the antennas and equipment with protective radome coatings. This term also includes microwave dish antennas, solid or not, located at 150 feet or lower on a tower structure, regardless of the dish diameter. The term does not include solid microwave dish antennas exceeding six feet in diameter that are located above 150 feet on a tower structure.

Small top-mounted antennas means any antenna mounted on the top of a tower structure where the antenna is 20 feet or less in height and six inches or less in outside diameter.

Small wireless facility means a low-power wireless communication facility used to increase capacity to wireless communication demand areas or provide infill coverage in areas of weak reception, including a separate transmitting and receiving station serving the facility, or that is considered a small wireless facility under Federal law.

Speculation tower means an antenna support structure designed for the purpose of providing location mounts for wireless or broadcast communication facilities, without a binding written commitment or executed lease from a service provider to utilize or lease space on the tower at the time the application is submitted.

Stealth means facilities, including, but not limited to, microcells, antennas, equipment cabinets, and any other ancillary equipment that cannot be seen from any street or any adjacent property, improved or unimproved, and that do not result in any apparent architectural changes or additions to existing buildings. The addition of landscaping, walls, fences, or grading as screening techniques does not make an otherwise visible facility a stealth facility.

Structure means a pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or commingled with other types of services).

Telecommunications means the transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received.

Tower or telecommunications tower means any mast, pole, monopole, guyed tower, lattice tower, freestanding tower, or other structure designed and primarily used to support antennas.

Whip antenna means an antenna that transmits or receives signals in 360 degrees. Whip antennas are typically cylindrical in shape, less than three inches in diameter and no more than six feet long, including the mounting.

Wireless communication facility means any facility that transmits and/or receives electromagnetic waves, including, but not limited to, antennas, dish antennas, microwave antennas, and other types of equipment for the transmission or receipt of such signals, including telecommunications towers and similar supporting structures, equipment cabinets or buildings, parking areas, and other accessory development. This definition does not apply to amateur radio stations as defined by the Federal Communications Commission, Part 97 of the Commission’s Rules. [Ord. NS-2328, 2019; Ord. NS-2158, 2011; Ord. NS-2016, 2006]

3.7.300 Application Requirements. Revised 4/19

Applicants for small wireless facilities must submit an application demonstrating compliance with BDC 3.7.500(A)(2). Applicants for eligible facilities requests must submit an application in compliance with BDC 3.7.550. All other applications for a wireless or broadcast communication facility must provide the following reports, documents or documentation:

A.    Geographic Service Area. The applicant must submit a map showing all the applicant’s existing sites in the City. Prior to the issuance of any building permits, applicants for AM, FM, HDFM, TV, and DTV projects must provide a copy of the corresponding FCC construction permit or license for the facility being built or relocated.

B.    Visual Impact and Alternative Site Analysis. The applicant must provide a visual impact analysis showing the maximum silhouette, viewshed analysis, color and finish palette, and proposed screening for all components of the facility. The analysis must include photo simulations and other information as necessary to determine visual impact of the facility as seen from multiple directions. The applicant must include a map showing where the photos were taken. Except for Type I applications, the applicant must include an analysis of alternative sites for the facility within and outside of the City that are capable of meeting the same service objectives as the preferred site with an equivalent or lesser visual impact. If a new tower is proposed, the applicant must demonstrate the need for a new tower and why alternative locations cannot be used to meet the identified service objectives.

C.    Narrative. The application must include a written narrative that describes in detail all of the equipment and components to be included in the facility, e.g., antenna(s) and arrays, equipment cabinet(s), back-up generator(s), air-conditioning unit(s), lighting, fencing, etc. The following information must also be provided:

1.    Height. Provide an engineer’s diagram showing the height of the facility and all of its visible components. Carriers must provide evidence that establishes that the proposed facilities are designed to the minimum height required from a technological standpoint for the proposed site to meet the carrier’s coverage objectives. If the tower height will exceed the base height restrictions of the applicable zone, this narrative must include a discussion of the physical constraints (topographical features, etc.) making the additional height necessary. The narrative must include consideration of the possibility for design alternatives, including the use of multiple sites or microcell technology that would avoid the need for the new facility or the requested height.

2.    Construction. Describe the anticipated construction techniques and time frame for construction or installation of the facilities. This narrative must include all temporary staging and the type of vehicles and equipment to be used.

3.    Maintenance. Describe the anticipated maintenance and monitoring program for the antennas, back-up equipment, and landscaping.

4.    Noise/Acoustical Information. Provide manufacturer’s specifications for all noise-generating equipment such as air-conditioning units and back-up generators, and a depiction of the equipment location in relation to adjoining properties.

5.    Landscape Plan. Provide a plan showing all proposed landscaping, screening and proposed irrigation with a discussion of how the chosen materials at maturity will screen the site.

6.    Parking. Provide a site plan showing the designated parking area for maintenance vehicles and equipment.

7.    Co-location. In the case of new multi-user towers or similar support structures, the applicant must submit engineering feasibility data and a letter stating the applicant’s willingness to allow other carriers to co-locate on the proposed facilities wherever technically and economically feasible and aesthetically desirable.

8.    Lease. The site plan must show the lease area of the proposed facility.

9.    FCC License. Provide a copy of the applicant’s FCC license and/or construction permit, if an FCC license and/or construction permit is required for the proposed facility, including documentation showing that the applicant is in compliance with all FCC RF emissions safety standards.

10.    Lighting and Marking. Any proposed lighting and marking of the facility, including any required by the FAA. [Ord. NS-2328, 2019; Ord. NS-2158, 2011; Ord. NS-2016, 2006]

3.7.400 General Regulations. Revised 4/19

All applications for wireless and broadcast communication facilities are subject to the following requirements and regulations:

A.    Maximum Number of High Visibility Facilities per Lot or Parcel. No more than one high visibility facility is allowed on any one lot or parcel. The Planning Commission may approve exceeding the maximum number of high visibility facilities per lot or parcel if one of the following findings is made through a Type III review process: (1) co-location of additional high visibility facilities is consistent with neighborhood character, (2) the provider has shown that denial of an application for additional high visibility facilities would have the effect of prohibiting service because the facility would fill a significant gap in coverage and no alternative locations are available and technologically feasible, or (3) the provider has shown that denial of an application for additional high visibility facilities would unreasonably discriminate among providers of functionally equivalent services. In such cases, the Planning Commission is the review authority for all related applications (e.g., Wireless or Broadcast Communication Facility Site Plan, Conditional Use Permit).

B.    Towers Adjacent to Residentially Designated Property. In order to ensure public safety, all wireless and broadcast communication towers located adjacent to any property designated as Residential on the Bend Comprehensive Plan Map must be set back from all residential property lines by a distance at least equal to the height of the facility, including any antennas or other appurtenances. The setback is measured from that part of the tower that is closest to the neighboring residentially designated property.

C.    High visibility facilities require a Conditional Use Permit on any property designated as Residential on the Bend Comprehensive Plan Map, or designated Public Facilities (PF) on the Bend Comprehensive Plan Map but developed as a residential subdivision.

D.    Historical Buildings and Structures. No facility is allowed on any building or structure, or in any district, that is listed on any Federal, State or local historical register unless it is determined by the Review Authority that the facility will have no adverse effect on the appearance of the building, structure, or district. No change in architecture and no high visibility facilities are permitted on any such building, any such site, or in any such district.

E.    Equipment Location. No tower or equipment can be located in a front, rear, or side yard setback in any zone, and no portion of any antenna array can extend beyond the property lines. For guyed towers, all guy anchors must be located at least 50 feet from all abutting properties.

F.    Tower Heights. Towers may exceed the height limits otherwise provided for in the Development Code. However, all towers greater than the height limit of the underlying zone require a Conditional Use Permit application (Type II process).

1.    Exemption to Conditional Use Permit.

a.    Type I small wireless facilities in the public right-of-way or in a public utility easement on an existing or replacement utility or light pole.

G.    Accessory Building Size. All accessory buildings and structures built to contain equipment accessory to a wireless or broadcast communication facility may not exceed 12 feet in height unless a greater height is necessary and required by a condition of approval to maximize architectural integration. Each accessory building or structure located on any property designated as Public Facilities or Residential on the Bend Comprehensive Plan Map is limited to 200 square feet, unless approved through a Conditional Use Permit.

H.    Visual Impact. All facilities must be designed to minimize the visual impact to the greatest extent practicable by means of placement, screening, landscaping, and camouflage. All facilities must also be designed to be compatible with existing architectural elements, building materials, and other site characteristics. The applicant must use the least visible antennas reasonably available to accomplish the coverage objectives. All high visibility facilities must be sited in such a manner as to cause the least detriment to the viewshed of adjoining properties, neighboring properties, and distant properties.

1.    Exemption.

a.    Small wireless facilities on an existing or replacement utility pole, light pole or structure.

I.    Colors and materials for facilities must be nonreflective and chosen to minimize visibility. Facilities, including support equipment and buildings, must be painted, colored or textured using colors to match or blend with the primary background, unless required by any other applicable law.

J.    All camouflaged facilities must be designed to visually and operationally blend into the surrounding area in a manner consistent with existing development on adjacent properties. The facility must also be appropriate for the specific site. In other words, it should not “stand out” from its surrounding environment.

K.    Facade-mounted antennas must be architecturally integrated into the building design and otherwise made as unobtrusive as possible. If possible, antennas should be located entirely within an existing or newly created architectural feature so as to be completely screened from view. Facade-mounted antennas must not extend more than two feet out from the building face.

L.    Roof-mounted antennas must be constructed at the minimum height possible to serve the operator’s service area and be set back as far from the building edge as possible or otherwise screened to minimize visibility from the public right-of-way and adjacent properties.

M.    Compliance with Photo Simulations. As a condition of approval and prior to final inspection of the facility, the applicant must submit evidence, such as photos, to the satisfaction of the City sufficient to prove that the facility is in substantial conformance with photo simulations provided with the application. Nonconformance requires modification to compliance within 90 days or the structure must be removed.

N.    Noise from any equipment supporting the facility must meet the requirements of BC Chapter 5.50, Noise.

O.    No signs, striping, graphics, or other attention-getting devices are permitted on any wireless or broadcast communication facility except for warning and safety signage with a surface area of no more than three square feet. Signs must be affixed to a fence or ancillary facility and limited to no more than two signs unless more are required by law.

P.    Traffic Obstruction. Maintenance vehicles servicing facilities located in the public or private right-of-way cannot park on the traveled way or in a manner that obstructs traffic.

Q.    No net loss in required parking spaces can occur as a result of the installation of any wireless or broadcast communication facility.

R.    Sidewalks and Pathways. Cabinets and other equipment must not impair pedestrian use of sidewalks or other pedestrian paths or bikeways on public or private land and must be screened from view.

S.    Lighting. Wireless or broadcast communication facilities cannot include any beacon lights or strobe lights, unless required by the Federal Aviation Administration (FAA) or other applicable authority. If beacon lights or strobe lights are required, the Review Authority shall review the available alternatives and approve the design with the least visual impact. All other site lighting for security and maintenance purposes must be shielded and directed downward, and must comply with the outdoor lighting standards in BDC 3.5.200, unless otherwise required under Federal law.

T.    Speculation. No application can be accepted or approved for a speculation tower, i.e., from an applicant that simply constructs towers and leases tower space to service providers, but is not a service provider, unless the applicant submits a binding written commitment or executed lease from a service provider to utilize or lease space on the tower. [Ord. NS-2328, 2019; Ord. NS-2271, 2016; Ord. NS-2251, 2015; Ord. NS-2158, 2011; Ord. NS-2016, 2006]

3.7.500 Review Process and Approval Standards. Revised 4/19

A.    Type I Process. The following facilities are allowed with the approval of a Wireless or Broadcast Communication Facility Site Plan pursuant to a Type I process under BDC Chapter 4.1, Development Review and Procedures:

1.    Stealth and Low Visibility Facilities.

2.    Small Wireless Facilities.

a.    Small wireless facilities proposed in the public right-of-way or in a public utility easement on an existing or replacement utility or light pole, so long as they meet all of the following:

i.    The facilities:

(A)    Are mounted on existing or replacement structures 50 feet or less in height including their antennas; or

(B)    Are mounted on existing or replacement structures no more than 10 percent taller than other adjacent structures; or

(C)    Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater.

ii.    Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume.

iii.    All other wireless equipment associated with the facility, including the wireless equipment associated with the antenna and any preexisting associated equipment on the facility, is no more than 28 cubic feet in volume.

iv.    The facilities do not result in human exposure to radio frequency radiation in excess of the applicable FCC safety standards.

v.    Comply with Part II, Section 8 of the City of Bend Standards and Specifications when located in the public right-of-way or public utility easement.

b.    Small wireless facilities proposed on private property on an existing or replacement utility pole, light pole or structure, so long as they meet all of the following:

i.    The facilities do not exceed the height limits of the underlying zone or as otherwise authorized by Federal law.

ii.    Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume.

iii.    All other wireless equipment associated with the facility, including the wireless equipment associated with the antenna and any preexisting associated equipment on the facility, is no more than 28 cubic feet in volume.

iv.    The facilities do not result in human exposure to radio frequency radiation in excess of the applicable FCC safety standards.

v.    Comply with Part II, Section 8 of the City of Bend Standards and Specifications.

3.    Facade-mounted antennas or low-powered networked telecommunications facilities, such as those employing microcell antennas, integrated into the architecture of an existing building in such a manner that no change to the architecture is apparent and no part of the facility is visible to public view.

4.    Antennas or arrays that are hidden from public view through the use of architectural treatments, e.g., within a cupola, steeple, or parapet which is consistent with the applicable building height limitation.

5.    New antennas or arrays that are attached to an existing broadcast communication facility located in any zone; provided, that they do not exceed the following “safe harbor” parameters:

a.    Side-mounted antennas.

b.    Small top-mounted antennas. No more than three small top-mounted antennas can be placed on the top of any one broadcast communication facility without a Type II review.

6.    To minimize adverse visual impacts associated with the proliferation and clustering of towers, co-location of antennas or arrays on existing towers takes precedence over the construction of new towers, provided such co-location is accomplished in a manner consistent with the following:

a.    An existing tower may be modified or rebuilt to a taller height to accommodate the co-location of additional antennas or arrays, as long as the modified or rebuilt tower will not exceed the height limit of the applicable zoning district. The height change may only occur one time per tower.

b.    An existing tower that is modified or reconstructed to accommodate the co-location of additional antennas or arrays must be of the same tower type and reconstructed in the exact same location as the existing tower.

B.    Type II Process. The following facilities are allowed with the approval of a Wireless or Broadcast Communication Facility Site Plan pursuant to a Type II process under BDC Chapter 4.1, Development Review and Procedures:

1.    High visibility facilities located on any property designated as Commercial, Industrial, Public Facilities, or Mixed-Use on the Bend Comprehensive Plan Map and at least 500 feet from any property designated as Residential on the Bend Comprehensive Plan Map.

2.    Moderate visibility facilities that do not exceed the height limit of the applicable zone.

3.    New antennas or arrays that are attached to an existing broadcast communication facility located in any zone which exceed the “safe harbor” parameters of subsection (A)(5)(a) or (b) of this section.

4.    Small wireless facilities that exceed the thresholds in BDC 3.7.500(A)(2).

C.    Conditional Use Permit Requirements. Applications for wireless or broadcast communication facilities in all other locations and situations including moderate or high visibility facilities that exceed the height limit of the applicable zone also require a Conditional Use Permit (Type II process). In addition to the approval standards in BDC Chapter 4.4, Conditional Use Permits, the applicant must demonstrate that the Wireless or Broadcast Communication Facility Site Plan approval standards in subsections (D)(2) through (5) of this section are met.

D.    Approval Criteria. The City may approve the use and Wireless or Broadcast Communication Facility Site Plan for any of the facilities listed in subsections (B) and (C) of this section upon a determination that the following criteria are met:

1.    The height of the proposed tower or facility does not exceed the height limit of the underlying zoning district, or does not increase the height of an existing facility.

2.    The location is the least visible of other possible locations and technological design options that achieve approximately the same signal coverage objectives.

3.    The location, size, design, and operating characteristics of the proposed facility will be compatible with adjacent uses, residences, buildings, and structures, with consideration given to:

a.    Scale, bulk, coverage and density;

b.    The harmful effect, if any, upon neighboring properties;

c.    The suitability of the site for the type and intensity of the proposed facility; and

d.    Any other relevant impact of the proposed use in the setting where it is proposed.

4.    All required public facilities have adequate capacity, as determined by the City, to serve the proposed wireless or broadcast communication facility.

5.    The proposed wireless or broadcast communication facility complies with all of the general regulations contained in BDC 3.7.400.

6.    Small wireless facilities must comply with Part II, Section 8 of the City of Bend Standards and Specifications.

E.    Conditions of Approval. The City may impose any other reasonable condition(s) deemed necessary to achieve compliance with the approval standards, including designation of an alternate location, or if compliance with all of the applicable approval criteria cannot be achieved through the imposition of reasonable conditions, the application must be denied.

F.    Time Frame for Review. Within the time limits imposed by State or Federal law, less any time period that may be excluded by State or Federal law, the Review Authority must approve the application unless the Review Authority determines that the application is not covered by this chapter or does not comply with applicable standards. [Ord. NS-2328, 2019; Ord. NS-2271, 2016; Ord. NS-2251, 2015; Ord. NS-2158, 2011; Ord. NS-2016, 2006]

3.7.550 Eligible Facilities Request for a Modification of an Existing Tower or Base Station. Revised 4/19

A.    Applicability. An applicant may submit an eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimension of such tower or base station that involves:

1.    Collocation of new transmission equipment;

2.    Removal of transmission equipment; or

3.    Replacement of transmission equipment.

    For purposes of this subsection, “collocation” means (a) mounting or installing an antenna facility on a preexisting structure, and/or (b) modifying a structure for the purpose of mounting or installing an antenna facility on that structure; provided, that, for purposes of eligible facilities requests, “collocation” means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

B.    Type I Process. An eligible facilities request for a modification of an existing tower or base station that does not substantially change the physical dimension of such tower or base station is reviewed pursuant to a Type I process under BDC Chapter 4.1, Development Review and Procedures.

C.    The applicant must provide documentation or information to verify whether the request is not a substantial change. A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following:

1.    For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10 percent or by the height of one additional antenna array with separation from the nearest existing antenna, not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10 percent or more than 10 feet, whichever is greater;

a.    Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings’ rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act;

2.    For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;

3.    For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10 percent larger in height or overall volume than any other ground cabinets associated with the structure;

4.    It entails any excavation or deployment outside the current site;

5.    It would defeat the concealment elements of the eligible support structure; or

6.    It does not comply with the conditions of approval associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in subsections (C)(1) through (4) of this section.

D.    Approval Criteria. The City may approve an eligible facilities request for a modification of an existing wireless tower or base station upon a determination that the following criterion is met:

1.    The eligible facilities request for a modification of an existing tower or base station does not substantially change the physical dimension of such tower or base station.

E.    Conditions of Approval. The City may impose any other reasonable condition(s) deemed necessary to achieve compliance with the approval standards, or if compliance with the applicable approval criteria cannot be achieved through the imposition of reasonable conditions, the application must be denied.

F.    Time Frame for Review. Within the time limits imposed by State or Federal law, less any time period that may be excluded by State or Federal law, the Review Authority must approve the application unless the Review Authority determines that the application is not covered by this chapter or does not comply with applicable standards. [Ord. NS-2328, 2019]

3.7.600 Exemptions. Revised 4/19

The following are exempt structures or activities under this chapter:

A.    Whip or other similar antennas no taller than six feet with a maximum diameter of two inches.

B.    Antennas (including direct-to-home satellite dishes, TV antennas, and wireless cable antennas) used by viewers to receive video programming signals from direct broadcast facilities, broadband radio service providers, and TV broadcast stations regardless of zone category.

C.    Low-powered networked telecommunications facilities such as microcell radio transceivers located on existing utility poles and light standards within public right-of-way. Low-powered networked telecommunications facilities must comply with this chapter.

D.    All military, Federal, State, and local government communication facilities except for towers.

E.    Cells on Wheels (COW), which are permitted as temporary uses in nonresidential zones for a period not to exceed 180 days, in residential zones for a period not to exceed 14 days, or during a period of emergency as declared by the City, County, or State.

F.    Replacement antennas or equipment, provided the replacement antennas and/or equipment (1) have a function similar to the replaced antenna and/or equipment and do not exceed the overall size of the original antenna and/or equipment or (2) the replacement equipment will be located in an existing cabinet or base station. [Ord. NS-2328, 2019; Ord. NS-2158, 2011; Ord. NS-2016, 2006]

3.7.700 Maintenance. Revised 4/19

The following maintenance requirements apply to all facilities:

A.    All landscaping must be maintained at all times and be promptly replaced if not successful.

B.    If a flag pole is used for camouflaging a facility, flags must be flown and must be properly maintained at all times.

C.    All wireless and broadcast communication sites must be kept clean and free of litter.

D.    All wireless and broadcast communication sites must maintain compliance with current RF emission standards of the FCC, the National Electric Safety Code, and all State and local regulations.

E.    All equipment cabinets must display a legible operator’s contact number for reporting maintenance problems. [Ord. NS-2328, 2019; Ord. NS-2158, 2011; Ord. NS-2016, 2006]

3.7.800 Inspections. Revised 4/19

A.    The City or its agents have authority to enter onto the property upon which a wireless or broadcast communication facility is located to inspect the facility for the purpose of determining whether it complies with the Building Code and all other construction standards provided by the City and Federal and State law.

B.    The City reserves the right to conduct such inspections at any time, upon reasonable notice to the wireless or broadcast communication facility owner. In the event such inspection results in a determination that violation of applicable construction and maintenance standards set forth by the City has occurred, remedy of the violation may include cost recovery for all costs incurred in confirming and processing the violation. [Ord. NS-2328, 2019; Ord. NS-2158, 2011; Ord. NS-2016, 2006]

3.7.900 Preexisting Towers. Revised 4/19

Towers that lawfully existed prior to the adoption of this chapter are allowed to continue their use as they presently exist. This code does not make lawful any towers that are not lawfully approved on the date the ordinance codified in this code is adopted. Routine maintenance is permitted on such lawful preexisting towers.

Lawfully existing towers may be replaced as long as the replacement is located on the same property, no closer to the nearest property line than the existing tower, no taller than the existing tower, has a width no more than 10 percent larger than the existing tower and has identical lighting and painting. The tower being replaced must be removed within 30 days of completion of the replacement tower. Any other changes or modifications to a replacement tower must be treated as new construction, and must comply with the requirements of this chapter. [Ord. NS-2328, 2019; Ord. NS-2158, 2011; Ord. NS-2016, 2006]

3.7.1000 Abandonment or Discontinuation of Use. Revised 4/19

The following requirements apply to the abandonment and/or discontinuation of use for all facilities:

A.    All facilities located on a utility pole must be promptly removed at the operator’s expense at any time a utility is scheduled to be placed underground or otherwise moved.

B.    All operators who intend to abandon or discontinue the use of any wireless or broadcast communication facility must notify the City of such intentions no less than 60 days prior to the final day of use.

C.    Wireless or broadcast communication facilities are considered abandoned 90 days following the final day of use or operation.

D.    All abandoned facilities must be physically removed by the facility owner no more than 90 days following the final day of use or of determination that the facility has been abandoned, whichever occurs first.

E.    The City reserves the right to remove any facilities that are abandoned for more than 90 days at the expense of the facility owner.

F.    Any abandoned site must be restored to its natural or former condition. Grading and landscaping in good condition may remain. [Ord. NS-2328, 2019; Ord. NS-2158, 2011; Ord. NS-2016, 2006]