Chapter 19.245
TELECOMMUNICATIONS FACILITIES
Sections:
19.245.030 Administration and enforcement.
19.245.050 Application procedure.
19.245.010 Purpose.
It is the city’s policy to protect the public interest by promoting telecommunications facilities in a way which:
A. Protects public health and safety.
B. Minimizes disruption of residential, natural, historical and environmentally sensitive areas.
C. Aesthetically complements the surrounding environment whenever possible.
D. Limits regulation of telecommunications providers and services, consistent with federal and state law.
E. Assures that all telecommunication providers’ facilities or services within the city comply with the ordinances, rules and regulations of the city.
F. Assures that the city can continue to responsibly protect the public health, safety and welfare.
G. Enables the city to discharge its public trust consistent with rapidly evolving federal and state regulatory policies, industry competition and technological development. (Ord. 6-2001 § 1)
19.245.020 Definitions.
For the purpose of this chapter, the following terms and phrases shall have the following meaning.
A. “Amateur or ‘ham’ radio” means radio facilities operated for noncommercial purposes by individuals licensed by the Federal Communications Commission with an interest in construction and operation of radio equipment, usually as a hobby or vocation.
B. “Ancillary facilities” means structures and equipment required for the operation of telecommunications equipment, including, without limitation, antennas, repeaters, equipment housing structure, ventilation and other mechanical equipment.
C. “Antenna” means an electrical conductor or group of electrical conductors, commonly in the form of a metal rod, panel or dish, that transmit or receive radio waves, excluding amateur radio and television antennas, and is typically mounted on a tower, pole, mast or building.
D. “Applicant” means any person awaiting approval for a telecommunications facility and/or lease or other appropriate agreement.
E. “Building” means any structure capable of being used to support or shelter any use or occupancy.
F. “City” means the city of Fairview, Oregon.
G. “City property” means all real property owned or otherwise utilized by the city and all property held in a proprietary capacity by the city and shall include all public ways and public facilities as defined herein.
H. “Co-location” means the placement of two or more antennas and/or telecommunications systems, platforms or facilities owned by FCC license holders on structures such as a support structure, building, water tank or utility pole.
I. “Direct-to-home satellite service” means the distribution or broadcasting of programming or services by satellite directly to the subscriber’s premises without use of ground receiving or distribution equipment, except at the subscriber’s premises or in the uplink process to the satellite.
J. “Emergency” means a condition of imminent danger to the health, safety and welfare of property or persons located within the city including, without limitation, possible damage to persons or property from human or naturally caused consequences.
K. “Overhead facilities” means utility poles, utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities.
L. “Person” includes corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies and other entities or individuals authorized to do business in the state of Oregon.
M. “Planning commission” means the city of Fairview, Oregon, planning commission.
N. “Provider” shall have the same meaning as “telecommunications provider” as defined below.
O. “Public facilities” means all city owned properties including but not limited to buildings, water towers, poles, public streets, thoroughfares and utility easements and all other properties granted to the city, as those terms are defined herein, but only to the extent of the city’s right, title, interest or authority to grant a license or lease to occupy and use such streets and easements for telecommunications facilities.
P. “State” means the state of Oregon.
Q. “Telecommunications facilities” means commercial facilities designed and used for the purpose of transmitting, receiving, and relaying voice and data signals from various wireless communication devices. For the purpose of this chapter, amateur radio transmission facilities and facilities used exclusively for the transmission or reception of television and radio signals are not telecommunications facilities.
R. “Telecommunications provider” means any person, association or organization which directly or indirectly owns, controls, operates or manages equipment inside the city used or to be used for the purpose of offering telecommunications service.
S. “Telecommunications services” means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
T. “Telecommunications support structure” means a structure, tower, pole or mast erected to support wireless communication antennas and connecting appurtenances. Support structure types include, but are not limited to, monopoles, lattice towers, wood poles and guyed towers.
U. “Telecommunications system” shall have the same meaning as “telecommunications facilities” as defined above.
V. “Tower footprint” means the area described at the base of a transmission tower as the perimeter of the transmission tower including the transmission tower foundation and any attached or over-hanging equipment, attachments or structural members, excluding ancillary facilities, guy wires and anchors.
W. “Tower height” means the vertical distance measured from the highest point on the transmission tower or other structure, including any antenna, to the original grade of the ground directly below this point.
X. “Tower pad” means the area that encompasses the tower footprint, ancillary facilities, fencing and screening.
Y. “Transmission tower” means the monopole or lattice framework designed to support transmitting and receiving antennas. For the purpose of this chapter, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio signals are not transmission towers. Transmission towers include:
1. “Guyed tower” means a tower which is supported by the use of cables which are permanently anchored.
2. “Lattice tower” means a tower characterized by an open framework of lateral cross members which stabilize the tower.
3. “Monopole” means a tower characterized by an open framework of lateral cross members which stabilize the tower.
Z. “Underground facilities” means utility and telecommunications facilities located underground, excluding the underground foundations or supports for overhead facilities.
AA. “Usable space” means the total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified by applicable codes, rules, laws, policies, regulations and ordinances.
BB. “Utility easement” means any easement to the city or others, acquired, established, dedicated or devoted wholly or partially to public utility purposes. (Ord. 6-2001 § 1)
19.245.030 Administration and enforcement.
It shall be the responsibility of the city manager or designee to administer and enforce all provisions of this chapter. (Ord. 8-2021 § 1; Ord. 6-2001 § 1)
19.245.040 Applicability.
A. Pre-existing Towers and Antennas.
1. Any tower, antenna or telecommunications facility for which the required approval has been properly issued prior to the effective date of the ordinance codified in this chapter shall not be subject to the requirements of this chapter, other than those set forth by the federal government, state building codes, or other applicable laws. Any such towers antennas or facilities shall be referred to in this chapter as pre-existing towers or antennas.
2. Upon expiration of said pre-existing approval, any tower, antenna or telecommunications facility shall become subject to the provisions herein.
B. Exemptions. For the purpose of this chapter, the following are exempt:
1. Cable television service.
2. Open video system service.
3. Direct-to-home satellite service.
4. Over-the-air radio or television broadcasting to the public-at-large from facilities licensed by the Federal Communications Commission or any successor thereto.
5. Send and receive citizen band radio antennas or antennas operated by federally licensed amateur (“ham”) radio operators.
6. Industrial, scientific and medial equipment as regulated by the Federal Communications Commission in 47 DFR Part 18.
7. Military and government radar antennas and associated communications towers used for navigational purposes as regulated by the Federal Communications Commission in 47 DFR Parts 95 and 97.
8. Military and federal, state and local government communications facilities used for public safety and emergency preparedness purposes.
9. Normal, routine and emergency maintenance and repair of existing telecommunications facilities which do not increase the height, size, bulk or footprint of such facilities and which otherwise comply with city, state and federal law and regulations. (Ord. 6-2001 § 1)
19.245.050 Application procedure.
A. Telecommunications Facility Application. Any person wishing to obtain approval for a telecommunications facility shall complete an application form provided by the city which shall contain the following information:
1. The name, address and telephone number of the applicant.
2. The name, address and telephone number of the contractor.
3. The name, address and telephone number of the electrical contractor.
4. The type of facility, height and any other pertinent information.
5. The location of the proposed telecommunications facility by street address and legal description.
B. Telecommunications Facility Proposal. A telecommunications facility proposal is required to accompany the telecommunications facility application and shall include the following information:
1. A description of the proposed facility to include the type, proposed height, and square footage of ground facilities.
2. The location of all overhead and underground public utility, telecommunications, cable, water, sewer drainage and other facilities in the vicinity of the proposed facility.
3. The location(s), if any, for interconnection with other telecommunications facilities.
4. The specific trees, structures, improvements, facilities and obstructions, if any, that applicant requests to temporarily or permanently remove or relocate.
5. A preliminary construction schedule and completion date.
6. A preliminary traffic control plan, if applicable.
7. Information to establish that the applicant has obtained all other governmental approvals and licenses to construct and operate the facilities and to offer or provide the telecommunications services.
8. A certification from a registered professional engineer that the drawings, plans and specifications submitted with the application that comply with applicable technical codes, rules and regulations.
9. A report indicating the anticipated capacity of the telecommunications support structure, including the number and types of antennas which can be accommodated.
10. A visual study containing, at a minimum, a vicinity map depicting where, within the city of Fairview, any portion of the proposed tower which could be visible and a graphic simulation showing the appearance of the proposed tower and ancillary facilities from five points within the impacted vicinity. Such points are to be mutually agreed upon by the planning director and applicant.
This study shall be required for transmission towers only.
11. A landscape plan drawn to scale showing proposed landscaping, including type, spacing, size and irrigation methods. This plan shall not be required for co-location on existing buildings or where there is no opportunity to provide additional landscaping.
12. Evidence demonstrating co-location is impractical on existing structures, existing transmission towers and existing tower facility sites for reasons of safety, available space, or failing to meet service coverage area needs. This evidence shall not be required for co-location proposals.
13. Such other and further information as may be required by the city manager. (Ord. 8-2021 § 1; Ord. 6-2001 § 1)
19.245.060 Design criteria.
A. All telecommunications facilities shall meet the following design criteria:
1. Site Size. Property upon which a new or co-located telecommunications facility is to be located shall be of a size, shape and location sufficient to provide:
a. Setback from any property line to the tower footprint which is at least two-thirds the tower height. This standard shall not apply to co-located facilities.
b. Protection to adjoining property from the potential impact of tower failure and ice falling from the tower. A licensed structural engineer’s analysis shall be submitted to demonstrate that such failure and ice fall will be accommodated on the site.
c. Separation from Pre-Existing Towers. Tower separation shall be measured by following a straight line from the base of the proposed new tower to the base of any pre-existing tower. Minimum separation distances (listed in linear feet) shall be as follows:
|
|
Guyed |
Monopole >80′ |
Monopole <80′ |
|
Guyed |
5,000 |
1,500 |
750 |
|
Monopole >80′ |
1,500 |
1,500 |
750 |
|
Monopole <80′ |
750 |
750 |
750 |
d. Each telecommunications facility shall include one adjacent parking space.
2. Co-location.
a. Applicants shall exhaust all co-location options prior to being granted a license by the city by:
i. Identifying all existing towers and other structures of sufficient height within the city to support co-location.
ii. Provide evidence that property owners declined to offer their property for lease.
b. New towers shall be constructed to accommodate future co-location, based on expected demand for transmission towers in the service area. Towers shall be designed to accommodate a minimum expansion of three two-way antennas for every 40 vertical feet of tower.
c. Antennas or attachments may be placed on existing structures such as athletic field light poles, utility poles or towers and tall buildings; provided, that the addition of the antenna equipment will not cause undue interference with the normal operation of utilities or existing transmission facilities and the tower or attachment either complies with the height limit of the underlying zoning district or is no more than 10 feet taller than the existing structure in a residential neighborhood or is no more than 20 feet taller than the existing structure in an agricultural or commercial zoning district. The color and design of such antennas, attachments and any ancillary facilities shall be compatible with the existing structure.
d. Applicants shall provide a report indicating the anticipated capacity of the telecommunications support structure, including the number and types of antennas which can be accommodated.
3. Height.
a. The height of a telecommunication facility shall include the support structure and any attached antennas proposed at the time of application.
b. Maximum height for a telecommunication support structure and antennas shall not exceed the maximum height allowed by the city airport overlay zone per Chapter 19.95 FMC.
c. Antennas attached to any building or facility shall not exceed the maximum height limitation set forth in subsection (A)(2) of this section.
d. Maximum allowable heights are as follows:
i. Community service/parks: 45 linear feet.
ii. F-2 – Agricultural holding: 55 linear feet.
iii. NC – Neighborhood commercial: 45 linear feet.
iv. TCC – Town center commercial: 45 linear feet.
v. CC – Corridor commercial: 55 linear feet.
vi. GI – General manufacturing: 55 linear feet.
vii. LI – Light manufacturing: 55 linear feet.
viii. V-O – Village office: 45 linear feet.
ix. VC – Village commercial: 45 linear feet.
x. VMU – Village mixed use: 45 linear feet.
4. Visual Impact. An applicant shall demonstrate that the tower or other facility will have the least visual impact on the environment by addressing the following:
a. The height and mass of the transmission tower shall not exceed that which is essential for its intended use and public safety as demonstrated in a report prepared by a licensed structural engineer.
b. All towers shall be painted in order to best camouflage the tower with regard to compatibility with surrounding objects and colors and as approved by the city. Unless towers are otherwise disguised or co-located, towers shall be camouflaged as trees whenever structurally possible.
c. Equipment shelters, buildings and cabinets housing radio electronics equipment shall be concealed, camouflaged or placed underground.
d. Telecommunication facility antennas shall be made to blend with the predominant background or architectural features to the greatest extent possible as seen from abutting uses, roadways or other public ways or thoroughfares and shall match the color of the facility to which they are attached whenever possible.
e. Antennas shall be designed to minimize their appearance to surrounding development.
f. A visual study containing, at a minimum, a vicinity map depicting where, within the city of Fairview, any portion of the proposed tower could be visible, and a graphic simulation showing the appearance of the proposed tower and ancillary facilities from five points within the impacted vicinity. Such points are to be mutually agreed upon by the planning director and applicant. This study shall not be required for co-location on preexisting transmission towers, but shall be required for co-location on other structures.
5. Fencing and Landscaping.
a. Telecommunications facilities shall be enclosed by a six-foot tall wall or fence which is compatible with surrounding walls or fencing.
b. Landscaping shall be placed outside of fences and shall consist of fast growing vegetation with a minimum planted height of six feet placed densely to form a solid hedge and shall be compatible with surrounding landscaping.
c. When antennas, attachments or ancillary facilities are to be located on existing buildings or structures and are secure from public access, landscaping and fencing requirements may be waived.
d. A landscape plan drawn to scale showing proposed landscaping, including type, spacing, size and irrigation methods, shall be provided. This plan shall not be required for co-location on existing buildings or where there is no opportunity to provide additional landscaping.
6. Signage.
a. All telecommunications support structures shall be identified with a non-illuminated sign not to exceed two square feet. The sign shall list the telecommunication provider’s name and emergency telephone number(s) and shall be posted in a place visible to the general public. The sign shall be constructed of weather resistant material and lettering shall contrast with the sign’s background.
b. Lettering, symbols, images or trademarks large enough to be legible to occupants of vehicular traffic on any adjacent roadway shall not be placed on or affixed to any part of a telecommunications facility or portion thereof other than as required by federal, state or county regulation(s) and subsection (A)(6)(a) of this section.
7. Lighting. Telecommunications facilities shall not be illuminated except as required by the Federal Aviation Administration and/or the Oregon State Aeronautics Division. High intensity white lights shall not be located on transmission towers.
8. Noise Reduction. Noise generating equipment shall be sound-buffered by means of baffling, barriers or other suitable means to reduce the sound level measured at the property line to 30 dBA above the level of ambient background noise when adjacent to residential uses and 45 dBA above the level of ambient background noise in other areas.
9. Anti-Climbing Devices. All telecommunications transmission towers and required fencing shall be equipped with appropriate anti-climbing devices.
10. Attachment to Trees Prohibited. It is prohibited to attach any telecommunications facility or portion thereof to any tree.
B. Setbacks.
1. Ancillary facilities and telecommunications support structures which are attached to existing buildings or other permanent structures shall comply with the setback requirements for the underlying zoning district.
2. Telecommunications support structures and transmission towers shall be set back from any property line by a minimum distance equal to or greater than 1.5 times the height of the transmission tower.
3. Setbacks for telecommunications support structures and transmission towers shall be measured from the ground level base of the structure.
4. The setback in any zoning district may be reduced if the applicant can demonstrate that:
a. Reduction in the setback increases the screening opportunities between the facility and abutting uses.
b. The reduction in setback is the minimum required to achieve the increased screening of the facility for abutting uses.
c. The reduction in setback shall be wide enough to accommodate required landscaping and fencing.
d. The reduction in setback will not cause a greater visual, aesthetic or safety impact to abutting uses. (Ord. 6-2001 § 1)
19.245.070 Uses.
A. Community Service/Parks.
1. Maximum height for telecommunications transmission towers shall be 45 linear feet.
2. Minimum setback for telecommunications support structures and transmission towers shall be 1.5 times the height of the support structure or transmission tower.
3. Guyed towers are not permitted.
4. Monopoles are conditionally permitted.
5. Antennas are permitted.
B. F-2 – Agricultural.
1. Maximum height for telecommunications shall be subject to the limitations set forth by the airport overlay zone.
2. Minimum setback for telecommunications support structures and transmission towers shall be 1.5 times the height of the support structure or transmission tower.
3. Guyed towers are not permitted.
4. Monopoles are conditionally permitted.
5. Antennas are permitted.
6. Community service/parks are conditionally permitted.
C. NC – Neighborhood Commercial.
1. Maximum height for telecommunications transmission towers shall be 45 linear feet.
2. Minimum setback for telecommunications support structures and transmission towers shall be 1.5 times the height of the support structure or transmission tower.
3. Guyed towers are not permitted.
4. Monopoles are conditionally permitted.
5. Antennas are permitted.
6. Community service/parks are conditionally permitted.
D. TCC – Town Center Commercial.
1. Maximum height for telecommunications transmission towers shall be 45 linear feet.
2. Minimum setback for telecommunications support structures and transmission towers shall be 1.5 times the height of the support structure or transmission tower.
3. Guyed towers are not permitted.
4. Monopoles are conditionally permitted.
5. Antennas are permitted.
6. Community service/parks are conditionally permitted.
E. CC – Corridor Commercial.
1. Maximum height for telecommunications transmission towers shall be 55 linear feet.
2. Minimum setback for telecommunications support structures and transmission towers shall be 1.5 times the height of the support structure or transmission tower.
3. Guyed towers are not permitted.
4. Monopoles are conditionally permitted.
5. Antennas are permitted.
6. Community service/parks are conditionally permitted.
F. GI – General Manufacturing.
1. Maximum height for telecommunications transmission towers shall be subject to the limitations set forth by the airport overlay zones.
2. Minimum setback for telecommunications support structures and transmission towers shall be 1.5 times the height of the support structure or transmission tower.
3. Guyed towers are conditionally permitted.
4. Monopoles are permitted.
5. Antennas are permitted.
6. Community service/parks are conditionally permitted.
G. LI – Light Manufacturing.
1. Maximum height for telecommunications support structures and transmission towers shall be 1.5 times the height of the support structure or transmission tower.
2. Minimum setback for telecommunications support structures and transmission towers shall be 1.5 times the height of the support structure or transmission tower.
3. Guyed towers are not permitted.
4. Monopoles are conditionally permitted.
5. Antennas are permitted.
6. Community service/parks are conditionally permitted.
H. VO – Village Office.
1. Maximum height for telecommunications transmission towers shall be 45 linear feet.
2. Minimum setback for telecommunications support structures and transmission towers shall be 1.5 times the height of the support structure or transmission tower.
3. Guyed towers are not permitted.
4. Monopoles are conditionally permitted.
5. Antennas are permitted.
I. VC – Village Commercial.
1. Maximum height for telecommunications transmission towers shall be 45 linear feet.
2. Minimum setback for telecommunications support structures and transmission towers shall be 1.5 times the height of the support structure or transmission tower.
3. Guyed towers are not permitted.
4. Monopoles are conditionally permitted.
5. Antennas are permitted.
J. VMU – Village Mixed Use.
1. Maximum height for telecommunications transmission towers shall be 45 linear feet.
2. Minimum setback for telecommunications support structures and transmission towers shall be 1.5 times the height of the support structure or transmission tower.
3. Guyed towers are not permitted.
4. Monopoles are conditionally permitted.
5. Antennas are permitted.
K. Prohibited Use.
1. Telecommunications facilities including telecommunications support structures, transmission towers, ancillary facilities and antennas shall not be permitted in the following zoning districts:
a. R – Residential.
b. MF – Multifamily.
c. M-H – Manufactured housing park.
d. VSF – Village single-family.
e. VTH – Village townhouse residential.
f. VA – Village apartment.
2. Lattice towers are not permitted.
L. Use Summary. For the purpose of this sub-section:
1. “P” shall mean permitted use.
2. “C” shall mean conditional use.
3. “X” shall mean specifically prohibited. (Ord. 6-2001 § 1)