The purposes of this chapter are to:

A.

Register telecommunication providers within the city in order to ensure compliance with this chapter;

B.

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;

C.

Ameliorate any impacts upon residents of the city and the municipality of expanding needs for telecommunications facilities;

D.

Assure the highest degree of coordination between residents of the city and the telecommunications industry in achieving the desirable objective of both the industry and the public;

E.

Minimize any adverse impacts of towers and antennas on residential areas and land uses;

F.

Minimize the total number of towers throughout the community;

G.

Ensure that the height of towers in the Aurora area are not higher than reasonably necessary and that they are to the maximum extent possible integrated into the terrain and architecture of Aurora;

H.

Encourage users of towers and antennas to configure them in a way that minimizes any adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques, consistent with state and federal requirements, including FAA requirements;

I.

Encourage the joint use of tower sites as a primary option rather than construction of additional single-use towers;

J.

Avoid potential damage to adjacent properties from tower;

K.

Comply with all other regulatory requirements imposed by the federal and state government; and

L.

Minimize fiscal impacts upon taxpayers due to increased use of public rights-of-way by deregulated commercial enterprises such as telecommunications owners.

(Ord. 415 § 7.108.010, 2002)

As used in this chapter the following terms shall have the meanings set forth below:

Antenna means any exterior transmitting or receiving device which may be mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

Back-haul network means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

Cable Act means the Cable Communications Policy Act of 1984, 47 U.S.C Section 532, et seq., as now and hereafter amended.

Cable operator means a telecommunications owner providing or offering to provide cable service within the city as that term is defined in the Cable Act.

Cable service for the purpose of this section shall have the same meaning provided by the Cable Act.

City means the city of Aurora.

Equipment cabinet means a storage cabinet used exclusively for the protection of telecommunications equipment.

Excess capacity means the surplus volume or surplus space in any existing or future duct, conduit, manhole, hand-hole, pole, tower, structure or other utility facility that is or will be available for use for additional telecommunications facilities.

Face-mount antenna means a camouflaged antenna attached to and covering a small portion of the surface of a building, architecturally integrated into the supporting structure.

FAA means the Federal Aviation Administration.

FCC or Federal Communications Commission means the federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications owners, services and providers on a national level.

Height means, when referring to a tower antenna or other telecommunications structure, the distance measured from the finished grade to the highest point on the tower, antenna or other structure, including the base pad and any antenna.

Linear facilities means lines, cables, fibers, or any other such facility, whether or not a telecommunications facility which is linear in nature and which is used for the transmission of water, gas, electricity, data, video images, voice images or other such services.

Person means and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals and includes their Lessor, trustees and receivers.

Preexisting towers and preexisting antennas means any tower or antenna for which a building permit has been issued prior to the effective date of this chapter, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired and including towers and antennas given interim approvals during the pendency of this chapter and not found by the governing body to be contrary to the purposes of this chapter.

PUC or Public Utilities Commission means the state administrative agency, or lawful successor, authorized to regulate and oversee telecommunications owners, services and providers in the state of Oregon.

Residentially zoned property means those zones within the city which primarily permit accommodation of residential housing including: R-1, R-2, R-3, and any properties located in the historic residential overlay.

Roof-mounted antennas means and includes a telecommunications facility placed on a rooftop through gravity mounts or other surface attachments and integrated into the natural rooftop profile of the building so as to resemble a permissible rooftop structure, such as a ventilator, cooling equipment, solar equipment, water tank, chimney, or parapet and to be no higher than twelve (12) feet above the roof.

State means the state of Oregon.

Telecommunication services means the providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points excluding only cable services.

Telecommunications facilities means the plant, equipment and property, including but not limited to, fiber optic lines, cables, wires, conduits, ducts, pedestals, towers, antennas, electronics and other appurtenances used or to be used to transmit, receive, distribute, provide or offer telecommunications services.

Telecommunications owner means and includes every person that directly or indirectly owns, controls, operates or manages plant, equipment or property within the city, used or to be used for the purpose of offering telecommunications service.

Telecommunications provider means and includes every person who provides telecommunications service over telecommunications facilities without any ownership or management control of the facilities.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas telecommunications services, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, tower alternative structures, and the like. The term includes the structure and any support thereto.

Tower alternative means manmade trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

Usable space means the total existing capacity of a tower, conduit, pole, building or other structure physically available for siting telecommunications facilities.

Utility easement means any easement owned by the city and acquired, established, dedicated or devoted for public utility purposes.

Utility facilities means the plant, equipment and property, including but not limited to the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within the city properties of the city, but excluding telecommunications facilities.

(Ord. 415 § 7.108.020, 2002)

All towers or antennas located within the city limits whether upon private or public lands shall be subject to this chapter. This chapter shall apply to towers and antennas upon state and federal lands to the extent of the city's jurisdiction by way of law, pursuant to any memoranda of understanding or otherwise. Only the following facilities shall be excepted from the application of this chapter:

A.

Amateur Radio Station Operators/Receive Only Antennas. This section shall not govern any tower, or the installation of any antenna, that is under seventy (70) feet in height; and, approved by the FAA if over thirty-five (35) feet in height; and, owned and operated by a federally licensed amateur radio station operator;

B.

Emergency Services. Towers and antennas used exclusively for emergency services including police, fire, and operation of the city water utility.

(Ord. 415 § 7.108.030, 2002)

A.

All towers are regarded as major impact utilities for the purpose of determining zoning districts where towers may be permitted. Tower alternatives may be regarded as minor impact utilities for the purpose of determining zoning districts. All towers and antennas shall comply with the existing city codes including the requirements for obtaining a building permit.

B.

Antennas and towers/tower alternatives may be considered either a principal or an accessory use depending upon whether they are used principally for the benefit of others not located upon the land or as an accessory in aid of other activities occurring upon the land. A different existing use on the same lot shall not preclude the installation of an antenna or tower on such lot.

C.

For purposes of determining whether the installation of a tower/tower alternative or antenna complies with these regulations, the dimensions of the entire lot shall control, even though the antennas or tower/tower alternatives may be located on leased parcels within such lot.

D.

Each applicant for an antenna and/or tower/tower alternative shall provide to the planning and land use department an inventory of its existing towers/tower alternatives, antennas, or sites approved for tower/tower alternatives or antennas, that are both within the jurisdiction of the city and within three miles of the border thereof, including specific information about the location, height, and design of each tower/tower alternative. The planning and land use department may share such information with all members of the public provided, however, that the planning and land use department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

E.

Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen shall cause the least disturbance to the surrounding properties. Tower alternatives shall not be artificially lighted.

F.

To ensure the structural integrity of tower/tower alternatives, the owner of a tower/tower alternative shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for tower/tower alternatives that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the city concludes that a tower/tower alternative fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower/tower alternative, the owner shall have thirty (30) days to bring such tower/tower alternative into compliance with such standards. Failure to bring such tower/tower alternative into compliance within the thirty (30) days shall constitute grounds for the removal of the tower/tower alternative or antenna at the owner's expense and shall also constitute an abandonment of the tower/tower alternative.

G.

Owners and/or operators of tower/tower alternatives or antennas shall certify in writing that all franchises, leases and other contracts, if any, for use of real property required by the PUC, SCC, FCC, FAA or any other regulatory body for the construction and/or operation of a telecommunication system in the city have been obtained.

H.

Approvals issued under this chapter shall be processed in accordance with Chapter 16.60.

I.

No signs shall be allowed on an antenna or tower/tower alternative unless the signs are necessary for safety reasons or for compliance with the law. If a sign is required it shall comply with all local ordinances regarding signage unless a federal or state law requires otherwise.

J.

Telecommunications owners shall submit an annual application for approval of multiple tower/tower alternatives and/or antenna sites to be constructed within the city within a year.

K.

All property used for siting of tower/tower alternatives or antennas shall be maintained, without expense to the city, so as to be safe, orderly, attractive, and in conformity with all city codes including those regarding removal of weeds and trash.

L.

If the construction requires the location of underground facilities, such facilities shall be surveyed by depth, line, grade, proximity to other facilities or other standard, the permittee shall cause the location of such facilities to be verified by a registered Oregon land surveyor. The permittee shall relocate its own facilities which are not located in compliance with permit requirements. If conduit is to be constructed and placed within or upon city property the conduit shall be dedicated to the city.

M.

Upon order of the Planning Director all work outside of city rights-of-way which does not comply with the application plans and specifications for the work, or the requirements of this section or approval authority, shall be removed or made to comply within sixty (60) days. Upon order of the public works director all work within city rights-of-way which does not comply with the application plans and specifications for the work, or the requirements of this section, shall be removed or made to comply within sixty (60) days. Permittee is only responsible for its own facilities.

N.

The applicant shall promptly complete all construction activities affecting city-owned property so as to minimize disruption of the leasable city property.

O.

The permittee, within sixty (60) days after completion of construction of all approved tower/tower alternatives and antennas, shall furnish the city with two complete sets of plans, drawn to scale and certified to the city as accurately depicting the location of all telecommunications facilities constructed pursuant to the permit.

P.

Upon completion of any tower/tower alternative or antenna construction work, the permittee shall promptly repair any and all public and private property improvements, fixtures, structures and facilities in city property damaged during the course of construction, restoring the same as nearly as practicable to its condition before the start of construction.

Q.

All vegetation, landscaping and grounds removed, damaged or disturbed as a result of the construction, installation maintenance, repair or replacement of tower/tower alternatives or antennas, shall be replaced or restored, by the permittee, as nearly as practicable to the condition existing prior to performance of work. All restoration work within city property shall be done in accordance with applicable city code.

R.

The city will require a signed affidavit from applicant acknowledging that, regardless of any agreements between the applicant and property owner, the property owner has been advised that he or she may be responsible for the removal of all tower/tower alternatives and antennas upon abandonment.

S.

All applications which involve work on, in, under, across or along any public rights-of-way shall be accompanied by a traffic control plan demonstrating the protective measures and devices that will be employed, if any, consistent with Uniform Manual of Traffic Control Devices, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic.

T.

No towers or antennas shall be permitted upon lands or structures which are designated as cultural resources in the Aurora comprehensive plan.

U.

All tower/tower alternatives and antennas and affiliated facilities including but not limited to telecommunications facilities shall be designed and constructed in such a manner as to minimize noise to the maximum extent technically feasible by way of insulation and sound-proofing. Additionally, no tower/tower alternatives or antennas shall be permitted if they violate the city's noise ordinance.

V.

Heights shall be generally limited to the overlying or underlying zoning height limits, whichever are more restrictive. Any tower/tower alternative or antenna exceeding the height limit imposed by this general requirement shall require a variance pursuant to chapter and a demonstration before the appropriate reviewing body that compliance with this general requirement cannot be achieved by use of alternative locations and without loss of telecommunications service coverage.

W.

Any tower/tower alternative or antenna to be built within the airport overlay shall be built in conformity with all FAA and FCC regulations and shall not cause a risk to aviation traffic by way of physical obstruction or signal interference.

X.

A condition of all permits for new tower construction shall be that the permittee shall allow co-location, to the extent feasible, of telecommunications facilities at commercially reasonable rates upon or within the site that is the subject of such permit.

Y.

Separation distances shall be measured by drawing or following a straight line between the base of any existing tower/tower alternative and the proposed base of a new tower/tower alternative. The minimum separation distances shall be one thousand (1,000) feet.

Z.

All tower/tower alternatives shall be set back a distance equal to at least one hundred (100) percent of the height of the tower/tower alternative from any adjoining lot line. The setback distances shall be measured by drawing a straight line between the base of the tower/tower alternative or antenna and the nearest adjacent property line.

(Ord. 415 § 7.108.040, 2002)

A permit or approval, excepting only a building or electrical permit if otherwise required, is not required for the construction or use of the following antennas and tower/tower alternatives so long as they comply with the following requirements. Nothing herein shall constitute a waiver of the city's enforcement authority in the event that a particular tower/tower alternative or antenna is either non-complying with the following criteria or is deemed to constitute a safety hazard, a risk to public safety or otherwise in violation of law:

A.

Antennas and other over-the-air receiving devices, for the reception of video images as defined and regulated by FCC Report and Order #96-328, which devices do not exceed one meter in diagonal length or diameter or are designed to receive television broadcast signals only. The antenna, located in historical districts and residential zones, to the maximum extent possible, without interfering with signal reception, and without performing new or additional construction, is screened from view of adjacent properties and adjacent public rights-of-way. Antennas may not be required to be screened if the screening device would create a greater visual impact than the unscreened antennas. The screening may include existing parapets, walls, or similar architectural elements provided that it is painted and texturized to integrate with the architecture of the building. As an alternative screening method, landscaping positioned on the premises to screen antennas from adjacent properties may be proposed in lieu of architectural screening;

B.

The site is located outside the historic commercial and historic residential overlays.

(Ord. 415 § 7.108.050, 2002)

The following uses may be approved by the Planning Director for sites outside the historic commercial and historic residential overlays after an administrative review pursuant to Chapter 16.78:

A.

New Antennas on Existing Towers or Structures. An antenna which is attached to an existing tower or structure may be administratively approved. Co-location of antennas by more than one carrier on existing towers or structures shall take precedence over the construction of new towers. Co-location of antennas on existing towers or structures shall comply with all the following:

1.

No antenna shall extend more than thirty (30) feet above the highest point of the structure;

2.

The antenna shall comply with all applicable FCC and FAA regulations;

3.

The antenna shall comply with all applicable building codes; and

4.

The antenna shall not exceed the height limitation for the underlying or overlay zoning unless the antenna is placed on a preexisting tower or structure and does not exceed the height of the tower or structure.

B.

Relocated Tower/Tower Alternatives. Onsite relocation of tower/tower alternatives may be approved administratively if:

1.

A tower/tower alternative which is being rebuilt to accommodate the co-location of one or more additional antennas may be moved onsite within fifty (50) feet of its existing location;

2.

Such relocation shall not increase the number of tower/tower alternatives remaining on the site;

3.

A relocated onsite tower/tower alternative shall continue to be measured from the original tower/tower alternative location for purposes of calculating separation distances between tower/tower alternatives;

4.

The height of a relocated tower/tower alternative shall be in compliance with the underlying and overlay zoning.

C.

A cable microcell network may be approved administratively if it constitutes the use of multiple low-powered transmitters/receivers attached to existing wire line systems, such as conventional cable or telephone wires, or similar technology that does not require the use of tower/tower alternatives.

(Ord. 415 § 7.108.060, 2002)

A.

Any tower/tower alternative or antenna which is not otherwise permitted or administratively approved or which permit or administrative approval is appealed shall be brought for consideration to the Planning Commission. Planning Commission approval shall be required for the construction and placement of all tower/tower alternatives and antenna in all zoning districts unless the construction or placement is otherwise permitted or administratively approved pursuant to this section.

B.

Applications for tower/tower alternatives and antennas under this section shall be subject to the procedures and requirements of Chapter 16.60, except as modified in this section.

C.

Unless a variance is granted pursuant to Chapter 16.64, height shall be limited to the overlying or underlying district, whichever is more restrictive.

D.

No new tower shall be allowed unless the applicant makes an adequate showing that tower alternatives are not viable.

E.

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Commission that no existing tower or structure can be used in lieu of new construction to accommodate the applicant's proposed telecommunications facility. An applicant shall submit information to the Planning Commission related to the availability of suitable existing towers and other structures. Evidence submitted to demonstrate that no existing tower or structure can reasonably accommodate the applicant's proposed telecommunications facilities may consist of any of the following:

1.

No existing towers or structures are located within the geographic area which meet applicant's engineering requirements;

2.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements;

3.

Existing towers or structures do not have sufficient structural strength or space available to support applicant's proposed telecommunications facilities and related equipment;

4.

The applicant's proposed telecommunications facilities would cause unavoidable electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed telecommunications facilities;

5.

There are other limiting factors that render existing towers and structures unsuitable;

6.

The site is located outside the historic commercial and historic residential overlays.

F.

The Planning Commission shall require that towers or antennas be enclosed by fencing or walls not less than six feet nor more than eight feet in height and designed to have the least negative impact upon the streetscape and may also require that any tower be equipped with an appropriate anti-climbing device.

G.

The Planning Commission may require landscaping surrounding towers and antennas. Existing vegetation and natural land forms on the site shall be preserved to the maximum extent possible.

(Ord. 415 § 7.108.070, 2002)

A.

Applications shall be made on forms provided by the city.

B.

Applications shall include a narrative discusses how the proposal conforms to the standards in Section 16.60.040 and the standards of this chapter.

C.

Applications shall include a scaled site plan clearly indicating the location, type and height of the proposed tower/tower alternative, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other jurisdictions), general plan classification of the site, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower/tower alternative and any other structures, topography, parking, and other information deemed by the Planning Director to be necessary to assess compliance with this section.

D.

Applications shall include a legal description of the parent tract and leased parcel including a copy of the plat of survey for the planning and land use department's verification that all facilities are placed upon a legal lot of record.

E.

Applications shall include the setback distance between the proposed tower/tower alternative and residentially zoned property.

F.

Applications shall include the separation distance from other tower/tower alternatives shall be shown on an updated site plan or map. The applicant shall also identify all existing tower/tower alternative(s) within one thousand (1,000) feet and the owner/operator of the nearest existing tower/tower alternative.

G.

Applications shall include a landscape plan showing specific landscape materials.

H.

Applications shall include method of fencing, and finished color and, if applicable, the method of camouflage.

I.

Applications shall include a notarized statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users.

J.

Applications shall include identification of the entities providing the back-haul network for the tower/tower alternative(s) described in the application and other wireless sites owned or operated by the applicant in the municipality.

K.

Applications shall include description detailing the scientific, technical or engineering concerns which use of tower alternatives not viable under Section 16.50.070(D) and stating precisely why the use of existing towers and other structures is not viable.

L.

Applications shall include a description of any locations for additional tower/tower alternatives or antennas to be constructed within a year of the requested special exception.

M.

Any other information reasonably required by the Planning Director in order to determine if applicant has substantially complied with this chapter.

N.

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.

(Ord. 415 § 7.108.080, 2002)

The equipment used in association with an antenna or tower/tower alternative shall be safely stored in a building or equipment cabinet.

A.

If the equipment is stored in a building, the building shall meet all applicable code requirements for buildings excepting only that there shall be no parking requirement for the tower/tower alternative or antenna use. Any other uses of the building shall meet applicable parking requirements.

B.

If the equipment is stored in an equipment cabinet, the equipment cabinet shall be no more than ten (10) feet in length and width and no more than five feet in height. The equipment cabinet shall be placed in the least visible section of the parcel, land or facility and shall be constructed and painted in a manner so as to minimize the visibility of the equipment cabinet, unless part of a city approved or sponsored art program.

C.

All equipment storage facilities shall comply with all applicable electrical, building, plumbing, and any other safety codes.

(Ord. 415 § 7.108.090, 2002)

Any antenna or tower that is not utilized for provision of telecommunications services for a continuous period of six months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety (90) days of receipt of notice from the city notifying both parties of such abandonment. Failure to remove an abandoned antenna or tower within the ninety (90) days shall be grounds to remove the tower or antenna at both parties' expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(Ord. 415 § 7.108.110, 2002)

Preexisting towers and antennas for which a building permit has been issued prior to the effective date of this chapter shall be allowed to continue operation as they presently exist. All other antennas and towers, except relocated towers under Section 16.50.060(B), shall be treated as new towers or antennas and shall be required to comply with this section. Routine maintenance, reconstruction, replacement and placement of additional antennas on such preexisting towers shall be permitted. Other new construction of towers and antennas shall comply with the requirements of this section.

(Ord. 415 § 7.108.120, 2002)