The purpose of this section is to provide siting standards and review processes for wireless telecommunications systems (WTS) facilities locating within Keizer. These regulations are designed to do the following: (3/10)

A.

Regulate the placement, appearance and number of WTS facilities. (3/10)

B.

Ensure that the citizens of Keizer will have access to a variety of WTS facilities and providers. (3/10)

C.

Reduce the visual impact of certain WTS facilities by requiring collocation if feasible. (3/10)

D.

Implement the applicable provisions of the Telecommunications Act of 1996. (3/10)

A.

Acceptable site. For proposed of siting WTS facilities, any land zoned commercial general (CG), commercial mixed use (CM), commercial office (CO), public (P), general industrial (IG), or industrial agricultural (IA), industrial business park (IBP), employment general (EG), exclusive farm use (EFU) is defined as an acceptable site. (3/10)

B.

Antenna. The specific device used to capture an incoming and/or transmit an outgoing radio-frequency signal. This definition shall include omni-directional (whip) antennas; directional (panel) antennas; parabolic (microwave dish) antennas; and ancillary antennas (i.e., GPS). All other transmitting or receiving equipment not specifically described herein shall be regulated in conformity with the type of antenna described herein which most closely resembles such equipment. (3/10)

C.

Cell. A geographic area where a single radio transmission sending/receiving station (per provider) and the equipment necessary to connect these radio calls to land lines or other cells are located. (3/10)

D.

Collocation. Two or more WTS providers utilizing a structure, including equipment shelters. (3/10)

E.

Conditionally suitable site. For purposes of siting WTS facilities, any land zoned residential limited density (RL), residential medium density (RM), residential high density (RH), mixed use (MU), urban transition (UT). (3/10)

F.

Equipment shelters. For purposes of siting WTS facilities, the buildings, structures, cabinets or vaults used to house and protect the equipment necessary to connect/relay radio signals. (3/10)

G.

FCC. The Federal Communications Commission; the federal agency that regulates interstate and international communications by radio, television, wire, satellite and cable. (3/10)

H.

Lattice tower. A WTS structure which consists of metal crossed strips or bars which supports antennas and related equipment. (3/10)

I.

Monopole. For purposes of siting WTS facilities, a WTS support structure which consists of a single tapered steel pole which supports antennas and related equipment. (3/10)

J.

Wireless telecommunications systems (WTS). The sending and receiving of radio frequency transmissions and the connection and/or relaying of these signals to land lines and other sending and receiving stations (cell sites) and including cellular radiotelephone, personal communications services, enhanced/specialized mobile radio, and commercial paging services. This includes, but is not limited to, antennas, poles, towers, cables, wires, conduits, ducts, pedestals, vaults, buildings, electronics and switching equipment. (3/10)

The siting and review process for WTS facilities is based on the type of facility and its proposed location in an acceptable site or conditionally suitable site. The development review process shall be as specified in section 2.427.04 or section 2.427.05. (3/10)

Acceptable sites are industrial general (IG), agricultural industrial (AI), commercial general (CG), industrial business park (IBP), commercial mixed use (CM), commercial office (CO), exclusive farm use (EFU), general employment (EG) and public (P) zoning districts. Collocation proposals on WTS structures existing as of February 1, 2010, regardless of the underlying zone is considered to be an acceptable site. The applicant shall be responsible for obtaining all necessary building and electrical permits. (3/10)

Conditionally suitable sites are RH, RL, RM, MU, or UT zone districts and will require that a conditional use permit is obtained. Location in RS zone districts will only be considered if required under federal or state law. The zoning administrator shall review for compliance with the requirements in sections 2.427.07 and 2.427.08.

The applicant shall be responsible for obtaining all necessary building and electrical permits. In addition to the listed sites above, the following also shall require conditional use approval regardless of zone district: (3/10)

A.

All proposed WTS facilities in the Willamette River Greenway Overlay District. (3/10)

B.

All proposed WTS facilities located within 1,000 feet of an existing WTS facility that was designed to accommodate multiple users and that has capacity available. (3/10)

C.

All proposed WTS facilities located within a public right-of-way. (3/10)

D.

Existing water towers. (3/10)

The following WTS facilities are not permitted:

A.

Any WTS facility in the public right-of-way that restricts access to adjoining property, or use of the sidewalk, or that constitutes a vision clearance violation. (3/10)

B.

Any WTS facility taller than 150 feet above finished grade at the base of the tower. (3/10)

C.

Lattice towers in any zoning district. (3/10)

A.

All WTS facilities shall observe minimum lot size, lot coverage, building height and building setback requirements of the underlying zoning district unless specifically exempted or otherwise regulated by this section. Underground facilities may encroach upon required yards or may be placed in appropriate easements. (3/10)

B.

All WTS facilities including electronic equipment shall be screened by a six-foot-high sight-obscuring fence, wall, or hedge. If a fence or wall is provided, it shall be landscaped around the perimeter of the fencing. All lighting shall be deflected away from adjoining properties, with the exception of lighting which is required by the FAA. (3/10)

C.

Any WTS facility shall receive FCC approval. (3/10)

D.

All equipment cabinets, boxes, etc., shall be painted consistent with the color requirements in section 2.315. (3/10)

E.

All WTS facilities located within a public right-of-way shall adhere to the following: (3/10)

1.

Use an existing utility or light pole. If it is not possible to use an existing utility or light pole, a new pole may be provided so long as it is connected to the existing utility pole system so that it appears to be an integral part of that utility system and does not jeopardize the integrity of the pole. In no case may either a new pole or an extension to an existing utility pole be 25 feet higher than the existing utility poles or ten feet higher than a light pole. (3/10)

2.

A franchise agreement and/or other regulation with the city shall be required prior to the operation of any WTS within the city's right-of-way. (3/10)

3.

Where a WTS is proposed in the city's right-of-way where utilities are located underground, no new utility poles are permitted. (3/10)

4.

Equipment cabinets associated with the operation of a WTS facility may not be placed within the right-of-way. They shall be placed on private property, subject to private property owner's permission, and shall comply with the fencing requirements in section 2.309 and accessory structure requirements in section 2.313 for determining setback requirements. (3/10)

F.

For a WTS facility abutting residential zoning districts, the setback from the property line shall be determined by calculating the difference between the height of the tower and the underlying height allowed within the zone district (for example, if the height of tower is 75 feet and underlying zone allows a maximum height of 50 feet then the setback is 25 feet). In no case shall the setback be less than 25 feet. (3/10)

G.

For a WTS facility abutting nonresidential property lines, the setback shall be determined by calculating one-half the difference between the height of the tower and the underlying height allowed within the zone district (for example, if the height of tower is 75 feet and underlying zone allows a maximum height of 50 feet, then the setback is 12.5 feet). (3/10)

H.

A WTS facility that is abandoned shall be removed within 90 days of abandonment. Failure to remove an abandoned WTS within this timeframe is hereby declared a nuisance and shall be subject to abatement under the provisions of local and state law. (3/10)

I.

Proposed WTS on existing water towers shall be designed so as to be unobtrusive and to minimally extend above the height of the tower. (3/10)

J.

Collocation is required where feasible pursuant to generally accepted engineering practices. Collocation shall not be considered infeasible due solely to cost. (3/10)

K.

WTS shall not create or emanate noise which can be heard on any abutting or adjacent property. (3/10)

(Ord. No. 2025-895, § 1(exh. A), 7-7-2025)

A.

WTS facilities on acceptable sites as outlined in section 2.427.04 shall submit the following information with the application for building and electrical permits; the zoning administrator shall review for compliance with the requirements in sections 2.427.07 and section 2.427.08: (3/10)

1.

A copy of that portion of the lease agreement with the property owner, including collocation provisions (where applicable). (3/10)

2.

A signed statement from the applicant agreeing to allow collocation on the applicant's structure (where applicable). (3/10)

3.

A map of the city showing the approximate geographic limits of the cell to be created by the facility. This map shall include all other facilities owned or operated by the applicant within the city and any existing detached WTS facilities of another provider within 1,000 feet of the proposed site. (3/10)

4.

A technical analysis/report of the recommended site location area for the proposed facility indicating that the RF emissions at grade, or at nearest habitable space when attached to an existing structure, comply with FCC rules for such emission; the cumulative RF emissions if collated. Provide the RF range in Megahertz and the wattage output of the equipment. (3/10)

5.

A plot plan showing the lease area; antenna structure; height above grade and setback from property lines; equipment shelters and setback from property lines; access; connection point with land line system; and all landscape areas intended to screen the WTS facility. (3/10)

6.

Photosimulation of the proposed WTS facility from a variety of vantage points. (3/10)

B.

WTS providers on a conditional suitable site, or those listed in section 2.427.05, in addition to the items required in subsection 2.427.07 and .08, shall submit a conditional use permit application pursuant to the requirements in section 3.103; however, in place of the review criteria in section 3.103.03, the following criteria shall be used: (3/10)

1.

Proposed use is listed as either a conditional use or a special use in the underlying zone. (3/10)

2.

A technical statement demonstrating the reasons why the WTS facility must be located at the proposed site (service demands, topography dropped coverage, etc.) and why it must be constructed at the proposed height. Locations adjacent to arterials are preferred. (3/10)

3.

The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and location of improvements and natural features. (3/10)

4.

The proposed use will not alter the character or aesthetics of the surrounding area. (3/10)

5.

The proposed use will not limit, impair, or preclude the use of surrounding properties. (3/10)

The zoning administrator, or appellant body, shall use the preceding criteria to evaluate the proposal. The zoning administrator, or appellant body, shall not grant approval of the request unless each of the criteria has been met. Conditions may be placed pursuant to section 3.103. (3/10)

Failure to comply with the standards, provisions and conditions of this section, and any other applicable section of this code, may be enforced through the civil infractions ordinance. (3/10)

Private amateur radio (HAM) antennas, their support structures, and direct to home satellite receiving antennas are exempt from the WTS facilities siting and review provisions of the code but shall otherwise comply with the applicable provisions of the underlying zoning district in which they are located. (3/10)