The provisions of this chapter are designed to protect the visual, aesthetic, and historical features of Oregon City, ensure that wireless communications services are located, designed, installed, maintained, and removed in an appropriate manner for the safety, health, and welfare of the citizens of Oregon City, and to provide for development consistent with the Oregon City Comprehensive Plan by:

A.

Promoting maximum utilization and encourage collocation of new and existing wireless communication antennas to minimize the total number of support structures and towers throughout the city;

B.

Encouraging careful consideration of topography, greenways, and historical significance of potential telecommunication sites and the use of camouflaging and screening to ensure development has minimal impacts on the community, views, and historical areas;

C.

Encouraging the use of existing buildings, light or utility poles, or water towers as opposed to construction of new telecommunication towers; and

D.

Encourage the location of monopole telecommunication towers and antenna arrays in nonresidential areas.

(Ord. No. 08-1014, §§ 1—3(Exhs. 1—3), 7-1-2009; Ord. No. 10-1003, § 1(Exh. 1), 7-7-2010; Ord. No. 21-1003, § 1(Exh. A), 2-3-2021)

A.

Applicability. All wireless communication facilities that are not exempt pursuant to this section shall conform to the standards specified in this chapter.

B.

Exemptions. The following are exempt from the provisions of this chapter and shall be allowed:

1.

Wireless communication facilities that were legally established prior to the effective date of this chapter;

2.

Temporary facilities used on the same property for sixty days or less;

3.

Temporary wireless communications facilities of all types that are used by a public agency solely for emergency communications in the event of a disaster, emergency preparedness, or public health or safety purposes;

4.

Any maintenance or repair of previously approved wireless communications facilities provided that such activity does not increase the height, width, or mass of the facility;

5.

Dish antennas used for residential purposes;

6.

VHF and UHF receive-only television antennas and radio transmitter antennas on public facilities used for public safety, provided they are fifteen feet or less above the existing or proposed roof;

7.

Amateur stations on properties zoned residential are exempt from the standards of this chapter. Amateur stations on properties zoned nonresidential are exempt from the standards of this chapter, provided the antenna is fifteen feet or less above the existing or proposed roof. Amateur stations located on: (1) public facilities/property; or (2) properties zoned nonresidential with an antenna in excess of fifteen feet above the existing or proposed roof, shall be reviewed under the compatibility review process set forth in this chapter and shall be subject to the design standards of Section 17.80.110;

8.

Wireless communication facilities for public safety are exempt from the following sections: Section 17.80.090.C.17, Section 17.80.090.D.2, Section 17.80.090.D.5, and Section 17.80.100; and

9.

Small wireless facility within the right-of-way.

(Ord. No. 08-1014, §§ 1—3(Exhs. 1—3), 7-1-2009; Ord. No. 10-1003, § 1(Exh. 1), 7-7-2010; Ord. No. 21-1003, § 1(Exh. A), 2-3-2021)

All modifications and expansions to existing wireless communication facilities are permitted in every zone, subject to the requirements of this section. Certain modifications are deemed minor in nature and are deemed "eligible modifications." These modifications include the addition, removal, and/or replacement of transmission equipment that do not make a substantial change to the physical dimensions (height, mass, width) of the existing tower, support structure, or base station. Replacement of an existing tower may also be considered an eligible modification if such replacement meets the standards in paragraph D below.

A.

For the purpose of this section, "substantial change" means the following:

1.

The mounting of the proposed antenna on the tower would increase the existing height of the tower by more than ten percent, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this subsection by up to an additional five percent if necessary to avoid interference with existing antennas;

2.

The mounting of the proposed antenna would involve the installation of more than the standard number of new equipment cabinets for the technology involved (not to exceed four) or more than one new equipment shelter;

3.

The mounting of the proposed antenna would involve adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this subsection to the extent necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable; or

4.

The mounting of the proposed antenna would involve excavation outside the current tower site, defined as the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site.

B.

Increases to height allowed by this subsection above the existing tower shall be based on the existing height of the tower, excluding any tower lighting required in the original land use approval or in the proposed modification request.

C.

To the extent feasible, additional equipment shall maintain the appearance intended by the original facility, including, but not limited to, color, screening, landscaping, mounting configuration, or architectural treatment.

D.

To be considered an eligible modification, a replacement tower shall not exceed the height of the original tower by more than ten percent, or the diameter of the original tower by more than twenty-five percent at any given point.

(Ord. 18-1005, § 1(Exh. A), 5-2-2018; Ord. No. 21-1003, § 1(Exh. A), 2-3-2021)

Except for "eligible modifications" authorized in Section 17.80.035, the following standards shall apply for the placement of antenna(s) and auxiliary support equipment on an existing wireless communication facility support tower.

A.

Compatibility Review. Required for property zoned GI, CI, I, C, HC, MUC-1, MUC-2, MUE, MUD or NC.

B.

Site Plan and Design Review. Required for all cases other than those identified in Section 17.80.040.A.

(Ord. No. 08-1014, §§ 1—3(Exhs. 1—3), 7-1-2009; Ord. No. 10-1003, § 1(Exh. 1), 7-7-2010; Ord. No. 18-1005, § 1(Exh. A), 5-2-2018; Ord. No. 21-1003, § 1(Exh. A), 2-3-2021)

Except for "eligible modifications" authorized in Section 17.80.035, the following standards shall apply for the placement of antenna(s) and auxiliary support equipment on a support structure.

A.

Compatibility Review. Required if the following exist:

1.

Property is zoned GI, CI, I, C, HC, MUC-1, MUC-2, MUE, MUD or NC; and

2.

Property is not located in the McLoughlin or Canemah Historical Conservation Districts; and

3.

Antenna(s) and auxiliary support equipment are setback a minimum of ten feet from each edge of the support structure and do not exceed a total height of twelve feet or a total width of eight feet, unless the antenna(s) is less than four inches in diameter and does not exceed a total height of twenty feet.

B.

Site Plan and Design Review. Required if the property is zoned GI, CI, I, C, MUC-1, MUC-2, MUE, MUD or NC and does not meet all the criteria of Section 17.80.050.A.

C.

Conditional Use Review. Required for all cases other than those identified in Sections 17.08.050.A and 17.08.050.B.

(Ord. No. 08-1014, §§ 1—3(Exhs. 1—3), 7-1-2009; Ord. No. 10-1003, § 1(Exh. 1), 7-7-2010; Ord. No. 18-1005, § 1(Exh. A), 5-2-2018; Ord. No. 21-1003, § 1(Exh. A), 2-3-2021)

The following standards shall apply for the collocation of additional antenna(s) on existing utility poles, light standards, and light poles that meet the following requirements:

A.

Site Plan and Design Review. Required for property zoned GI, CI, I, C, HC, MUC-1, MUC-2, MUE, MUD or NC.

B.

Conditional Use Review. Required for all cases other than those identified in Section 17.80.060.A.

C.

Permits. The applicant shall apply for and obtain all permits necessary for the construction, installation, and operation of its facilities in the streets. The applicant shall pay all applicable fees due for city permits. All construction and maintenance of any and all of the applicant's facilities within the streets incident to the applicant's provision of telecommunications services shall, regardless of who performs installation and/or construction, be and remain the responsibility of the applicant.

D.

Installation of Equipment. The applicant's facilities shall be installed and maintained in accordance with the laws of the State of Oregon and the ordinances and standards of the city regulating such construction.

E.

Common Users. The applicant's facilities shall be attached to utility poles, light standards, and light poles located within the streets. The applicant shall also allow and encourage other wireless carriers to collocate facilities on the utility poles, light standards, and light poles with the applicant's facilities, provided such collocation does not interfere with the applicant's facilities or jeopardize the physical integrity of the structure and provided the owner of the structure consents to such collocation.

F.

Scale of Facilities. This section establishes standards for attaching facilities to utility poles, light standards, and light poles in the streets in a manner that minimizes the facilities' potential incompatibility with adjacent uses.

1.

Facilities may be collocated on existing utility poles, light standards, and light poles, provided:

a.

Facilities do not jeopardize the physical integrity of the utility pole, light standard, or light pole;

b.

Triangular "top hat" style antenna mounts are prohibited;

c.

The device used to mount the facilities does not project more than ten feet above the utility pole, light standard, or light pole;

d.

Antennas will be mounted flush with the devised referenced in Section 17.80.060.F.1.c. or the existing utility pole, light standard, or light pole, within a unicell-style top cylinder, or on davit arms that are no greater than five feet in length as measured from the center of the utility pole, light standard, or light pole;

e.

The visual impact of any facilities located in the streets must be minimized by utilizing the smallest antennas, equipment, and equipment cabinets available that will satisfy engineering requirements and the service objectives of the site. Whenever possible, facilities shall be painted or otherwise treated architecturally so as to minimize visual impacts;

f.

All antennas, cabling, mounting hardware, and associated microcell/equipment cabinets mounted on an existing utility pole, light standard, or light pole must be painted to match the color of the utility pole, light standard, or light pole. If cabinets require a special heat-reducing paint finish, they must be a neutral color such as beige, off-white, or light gray; and

g.

The existing utility pole, light standard, or light pole is not replaced with a taller utility pole, light standard, or light pole, except as authorized in Section 17.80.060.F.2.

2.

Replacement Utility Poles, Light Standards, and Light Poles. For purposes of this section, "replacement utility poles, light standards, and light poles" shall mean a utility pole, light standards, or light pole that a) replaces an existing or original utility pole, light standard, or light pole to accommodate facilities; and b) does not result in an increase in the total number of utility, guy, or support poles in the streets. Facilities may be attached to replacement utility poles, light standards, and light poles in the streets, provided:

a.

The replacement utility poles, light standards, and light poles are of sufficient integrity to support the facilities;

b.

The replacement utility poles, light standards, and light poles, and any subsequent replacements, are no more the twenty feet taller than the original utility pole, light standard, or light pole; and

c.

The utility pole, light standard, or light pole the replacement utility pole, light standard, or light pole replaces is promptly removed.

3.

The applicant shall not locate any facilities, such as cabinets, at grade within the streets, but may connect its facilities in the streets to facilities located on property adjacent to the streets in accordance with applicable city codes and with the permission of the adjacent property owner.

(Ord. No. 08-1014, §§ 1—3(Exhs. 1—3), 7-1-2009; Ord. No. 10-1003, § 1(Exh. 1), 7-7-2010; Ord. No. 21-1003, § 1(Exh. A), 2-3-2021)

Except for "eligible modifications" authorized in OCMC 17.80.035:

A.

Site Plan and Design Review. Required if the following exists:

1.

Property is zoned GI, CI, I, C, MUC-2 or MUE; and

2.

No adjacent parcel is zoned for residential use.

B.

Conditional Use Review. Required for all cases other than those identified in Section 17.80.070.A.

C.

Prohibited Zoning Districts and Locations. No new support towers shall be permitted within the Canemah Historic Neighborhood, McLoughlin Conservation District, The Oregon Trail-Barlow Road Historic Corridor, five hundred feet of the Willamette Greenway Corridor, or any new Historic Districts unless the applicant can demonstrate that failure to allow the support tower would effectively prevent the provision of communication services in that area. If the applicant makes such a demonstration, the minimum height required to allow that service shall be the maximum height allowed for the tower.

(Ord. No. 08-1014, §§ 1—3(Exhs. 1—3), 7-1-2009; Ord. No. 10-1003, § 1(Exh. 1), 7-7-2010; Ord. No. 18-1005, § 1(Exh. A), 5-2-2018; Ord. No. 21-1003, § 1(Exh. A), 2-3-2021)

No wireless communications facilities, as defined in Section 17.80.020, may be constructed, collocated, modified to increase height, installed, or otherwise located within the city except as provided in this section or unless otherwise authorized by Section 17.80.035. Depending on the type and location of the wireless communication facility, the facility shall be subject to the following review unless collocation or an increase in height was granted through a prior land use process. A conditional use review shall require site plan and design review to occur concurrently with the conditional use review process.

A.

Compatibility Review. A wireless communication facility that, pursuant to Sections 17.80.030—17.80.050, is subject to a compatibility review shall be processed in accordance with standards of Section 17.80.110. The criteria contained in Section 17.80.110 shall govern approval or denial of the compatibility review application. No building permit shall be issued prior to completion of the compatibility review process.

B.

Site Plan and Design Review. A wireless communication facility that, pursuant to Sections 17.80.040—17.80.070, is subject to site plan and design review shall be processed in accordance with the standards of Section 17.80.110 and Chapter 17.62, as applicable. The criteria contained in Section 17.80.110 and Chapter 17.62 shall govern approval or denial of the site plan and design review application. In the event of a conflict in criteria, the criteria contained in this chapter shall govern. No building permit shall be issued prior to completion of the site plan and design review process, including any local appeal.

C.

Conditional Use Review. A wireless communication facility that, pursuant to Sections 17.80.050—17.80.070, is subject to conditional use review, shall be processed in accordance with the standards of Section 17.80.110 and Chapter 17.56, as applicable. The criteria contained in Section 17.80.110 and Chapter 17.56 shall govern approval or denial of the conditional use review application. In the event of a conflict in criteria, the criteria contained in this chapter shall govern. No building permit shall be issued prior to completion of the conditional use review process, including any local appeal.

(Ord. No. 08-1014, §§ 1—3(Exhs. 1—3), 7-1-2009; Ord. No. 10-1003, § 1(Exh. 1), 7-7-2010; Ord. No. 18-1005, § 1(Exh. A), 5-2-2018; Ord. No. 21-1003, § 1(Exh. A), 2-3-2021)

A.

Eligible Modification Requirements. For an application under Section 17.80.035, the following information is required:

1.

Application fee;

2.

Planning division land use application form;

3.

Description of the project design and dimensions;

4.

A written response demonstrating compliance with each criterion listed in OCMC Section 17.80.035;

5.

Signature of the property owner(s) on the application form or a statement from the property owner(s) granting authorization to proceed with building permit and land use process; and

6.

Elevations showing all improvements and connections to utilities.

B.

Compatibility Review Requirements. For an application under Sections 17.80.030.B.7, 17.80.040.A or 17.80.050.A, the following information is required:

1.

Application fee(s);

2.

Planning division land use application form;

3.

A narrative of the proposed project that includes a description of the following:

i.

Need for the project;

ii.

Rationale and supporting evidence for the location;

iii.

Description of the project design and dimensions; and

iv.

A written response demonstrating compliance with each criterion listed in OCMC Section 17.80.110.

4.

Documentation demonstrating compliance with non-ionizing electromagnetic radiation (NIER) emissions standards as set forth by the Federal Communications Commission (FCC) particularly with respect to any habitable areas within the structure on which the antenna(s) are collocated on or in structures directly across from or adjacent to the antenna(s);

5.

Documentation that the auxiliary support equipment shall not produce sound levels in excess of standards contained in Section 17.80.110.G, or designs showing how the sound is to be effectively muffled to meet those standards;

6.

Signature of the property owner(s) on the application form or a statement from the property owner(s) granting authorization to proceed with building permit and land use process;

7.

Documentation of the integrity of the support tower, support structure, utility pole, light standard, or light pole to safely handle the load created by the collocation;

8.

Elevations showing all improvements and connections to utilities; and

9.

Color simulations of the site after construction demonstrating compatibility.

C.

Site Plan and Design Review. For an application under Sections 17.80.040.B, 17.80.050.B, 17.80.060.A, or 17.80.070.A the following information is required:

1.

The information required in OCMC Section 17.80.90.A;

2.

Pre-application notes;

3.

A written response demonstrating compliance with each criterion listed in the site plan and design review standards of Chapter 17.62.050 and all other applicable criterion as defined by the community development director; and

4.

Supplemental requirements listed in OCMC Section 17.80.90.D as needed.

D.

Conditional Use Review. For an application under Sections 17.80.050.C, 17.80.060.B, or 17.80.070.B the following information is required:

The

information required in OCMC Section 17.80.90.A;

1.

Pre-application notes;

2.

A written response demonstrating compliance with each criterion listed in the site plan and design review standards of Section 17.62.050, [Chapter] 17.56, and all other applicable criterion as defined by the community development director as applicable.

3.

For an application under Section 17.80.070, Construction of modification of a support tower, the requirements listed under Section 17.80.090.D, Supplemental information are required;

4.

Responses to conditional use review criteria under Section 17.56.010;

5.

For an application under Section 17.80.050.C, Collocation of additional antenna(s) on support structures, rationale for being unable to collocate in areas identified in Sections 17.80.050.A and 17.80.050.B shall be provided;

6.

For an application under Section 17.80.060.B, Collocation of additional antenna(s) on utility poles, light standards, and light poles, rationale for being unable to collocate in areas identified in Section 17.80.060.A shall be provided; and

7.

For an application under Section 17.80.070.B, Construction or modification of a support tower, rationale for being unable to collocate in areas identified in Section 17.80.070.A shall be provided.

8.

Supplemental information listed in OCMC Section 17.80.090.D.

E.

Supplemental Information. The applicant shall submit the following information for all applications subject to conditional use and site plan and design review:

1.

The capacity of the support tower in terms of the number and type of antennas it is designed to accommodate;

2.

A signed agreement, as supplied by the city, stating that the applicant shall allow collocation with other users, provided all safety, structural, technological, and monetary requirements are met. This agreement shall also state that any future owners or operators will allow collocation on the tower.

3.

Documentation demonstrating that the Federal Aviation Administration has reviewed and approved the proposal, and Oregon Aeronautics Division has reviewed the proposal. Alternatively, a statement documenting that notice of the proposal has been submitted to the Federal Aviation Administration and Oregon Aeronautics Division may be submitted. The review process may proceed and approval may be granted for the proposal as submitted, subject to Federal Aviation Administration approval. If Federal Aviation Administration approval requires any changes to the proposal as initially approved, then that initial approval shall be void. A new application will need to be submitted, reviewed, and approved through an additional site plan and design review or conditional use review process. No building permit application shall be submitted without documentation demonstrating Federal Aviation Administration review and approval and Oregon Aeronautics Division review.

4.

A visual study containing, at a minimum, a graphic simulation showing the appearance of the proposed tower, antennas, and auxiliary support equipment from at least five points within a one-mile radius. Such points shall be chosen by the provider with a review and approval by the community development director to ensure that various potential views are represented.

5.

Documentation that one or more wireless communications service providers will be using the support tower within sixty days of construction completion.

6.

A site plan, drawn to scale, that includes:

a.

Existing and proposed improvements;

b.

Adjacent roads;

c.

Parking, circulation, and access;

d.

Connections to utilities, right-of-way cuts required, and easements required;

e.

A landscape plan describing the maintenance plan and showing areas of existing and proposed vegetation to be added, retained, replaced, or removed; and

f.

Setbacks from property lines or support structure edges of all existing and proposed structures. Plans that have been reduced, but have not had their scale adjusted, will not be accepted as satisfying this requirement.

7.

An alternatives analysis for new support towers demonstrating compliance with the support tower location requirements of Section 17.80.100.

(Ord. No. 08-1014, §§ 1—3(Exhs. 1—3), 7-1-2009; Ord. No. 10-1003, § 1(Exh. 1), 7-7-2010; Ord. No. 18-1005, § 1(Exh. A), 5-2-2018; Ord. No. 21-1003, § 1(Exh. A), 2-3-2021)

No new support tower shall be permitted under the provisions of Section 17.80.070 unless the applicant demonstrates to the satisfaction of the community development director, and the results are verified by a State of Oregon certified professional engineer, that no existing collocation or modification possibility can accommodate the service needs of the applicant's proposed support tower. All proposals for new support towers must be accompanied by a statement and documentation from a qualified engineer, as determined by the community development director, that the necessary service cannot be provided by collocation on, or modification to, an existing support tower or structure for one or more of the following reasons:

A.

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

B.

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

C.

Existing support towers or support structures do not have sufficient structural strength to support the applicant's proposed antenna(s) and related equipment;

D.

The applicant's proposed antenna would cause electromagnetic interference with the antenna(s) on the existing support tower or support structure, or the existing antenna would cause interference with the applicant's proposed antenna(s);

E.

The applicant demonstrates that there are other limiting factors that render existing support towers and support structures unsuitable; or

F.

That fees, costs, or contractual provisions required by the owner in order to share or adapt to an existing support tower or support structure for collocation are unreasonable.

(Ord. No. 08-1014, §§ 1—3(Exhs. 1—3), 7-1-2009; Ord. No. 10-1003, § 1(Exh. 1), 7-7-2010; Ord. No. 21-1003, § 1(Exh. A), 2-3-2021)

Installation, collocation, construction, or modification of all support towers, structures, and antennas shall comply with the following standards, unless it qualifies as an "eligible modification" under Section 17.80.035 or an adjustment is obtained pursuant to the provisions of Section 17.80.120:

A.

Support Tower. The support tower shall be self-supporting.

B.

Height Limitation. Support tower and antenna heights shall not exceed the maximum heights provided below.

1.

If the property is zoned GI, CI or I; and no adjacent parcel is zoned residential the maximum height of a support tower, including antennas, is one hundred twenty feet.

2.

If the property is zoned: a. GI, CI or I, and an adjacent parcel is zoned residential; or b. C, MUC-2 or MUE; the maximum height of a support tower, including antennas, is one hundred feet.

3.

If the property is zoned MUC-1, MUD or NC; the maximum height of a support tower, including antennas, is seventy-five feet.

4.

For all cases other than those identified in Section 17.80.110.B.1—3 above, the maximum height of a support tower, including antennas, is seventy-five feet.

C.

Collocation. New support towers shall be designed to accommodate collocation of additional providers.

1.

New support towers of a height greater than seventy-five feet shall be designed to accommodate collocation of a minimum of two additional providers either outright or through future modification of the tower.

2.

New support towers of a height between sixty feet and seventy-five feet shall be designed to accommodate collocation of a minimum of one additional provider either outright or through future modification of the tower.

D.

Setbacks. The following setbacks shall be required from property lines, not the lease area, for support towers, auxiliary support equipment, and perimeter fencing.

1.

Support towers not designed to collapse within themselves shall be setback from all property lines a distance equal to the proposed height of the support tower.

2.

Support towers designed to collapse within themselves shall be setback from the property line a distance equal to the following:

a.

If the property is zoned GI, CI, I, C, MUC-2 or MUE; and no adjacent parcel is zoned for a residential use the underlying zone setback shall apply;

b.

If the property is zoned:

i.

GI, CI, I, C, MUC-2 or MUE and an adjacent parcel is zoned residential; or

ii.

MUC-1, MUD or NC; the setback shall be a minimum of twenty-five feet from all adjacent residentially zoned property lines and the underlying zoning setback for all other adjacent property lines; or

c.

For all cases other than those identified in Section 17.80.110.D.2.a. and b. above, the setback shall be a minimum of twenty-five feet from all adjacent property lines.

E.

Auxiliary Support Equipment. The following standards shall be required.

1.

If the property is zoned:

a.

For GI, CI, I, MUC-1, MUC-2, C, MUD, MUE or NC, the auxiliary support equipment footprint shall not exceed an area of three hundred forty square feet and fifteen feet in height at the peak;

b.

For all cases other than those identified in Section 17.80.110.E.1.a. above, the auxiliary support equipment shall be:

i.

Located underground or completely screened by landscaping or an architecturally significant masonry wall. The wall shall be finished with brick, stone, or stucco. The community development director may approve an alternate screening material if it is compatible with adjacent development and is architecturally significant. No exposed CMU is allowed on the exterior of the wall.

2.

Only one auxiliary accessory cabinet shall be allowed per service provider located on a support structure.

F.

Landscaping. In all zoning districts, existing vegetation shall be preserved to the maximum extent practicable. Screening of a site is mandatory.

1.

If the property is zoned:

a.

GI or CI, and no adjacent parcel is zoned residential, landscaping may not be required if water quality issues are addressed and appropriate screening around the facility is proposed.

b.

For all cases other than those identified in Section 17.80.110.F.1.a. above, landscaping shall be placed completely around the perimeter of the wireless communication facility, except as required to gain access. The minimum planting height shall be a minimum of six feet at the time of planting, densely placed so as to screen the facility. The landscaping shall be compatible with vegetation in the surrounding area, and shall be kept healthy and well maintained as long as the facility is in operation. Failure to maintain the site will be grounds to revoke the ability to operate the facility.

c.

The community development director may approve an alternative landscaping plan that visually screens the facility and is consistent with the intent of this standard.

G.

Noise Reduction. Noise generating equipment shall be baffled to reduce sound level measured at the property line to the following levels except during short durations for testing and operation of generators in emergency situations:

1.

For any property where no adjacent parcel is zoned residential, the sound level at the property line shall not be greater than fifty dB;

2.

For all other cases, the sound level shall not be greater than forty dB when measured at the nearest residential parcel's property line.

H.

Lighting.

1.

Unless required by the Federal Aviation Administration or the Oregon Aeronautics Division, artificial lighting of wireless communication towers and antennas shall be prohibited.

2.

Strobe lighting is prohibited unless required by the Federal Aviation Administration.

3.

Security lighting for equipment shelters or cabinets and other on-the-ground auxiliary equipment shall be initiated by motion detecting lighting. The lighting shall be the minimal necessary to secure the site, shall not cause illumination on adjacent properties in excess of a measurement of 0.5 footcandles at the property line, and shall be shielded to keep direct light within the site boundaries.

I.

Color.

Unless otherwise required by the Federal Aviation Administration, all support towers and antennas shall have a non-glare finish and blend with the natural background.

J.

Signage.

Support towers and antenna(s) shall not be used for signage, symbols, flags, banners, or other devices or objects attached to or painted on any portion of a wireless communication facility.

K.

Access Drives.

1.

On a site with an existing use, access shall be achieved through use of the existing drives to the greatest extent practicable. If adequate intersection sight distance is unavailable at the existing access intersection with a city street, an analysis of alternate access sites shall be required.

2.

Site shall be serviced by an access adequate to ensure fire protection of the site.

3.

New access drives shall be paved a minimum of twenty feet deep from the edge of the right-of-way (though the use of pervious paving materials such as F-mix asphalt, pavers, or geotech webbing is encouraged) and designed with material to be as pervious as practicable to minimize stormwater runoff.

4.

New access drives shall be reviewed for adequate intersection sight distances.

L.

Informing the City. All service providers with facilities within the city of Oregon City shall be required to report in writing to the community development director any changes in the status of their operation.

1.

An annual written statement shall be filed with the planning manager verifying continued use of each of their facilities in the city's jurisdiction as well as continued compliance with all state and federal agency regulations.

2.

The report shall include any of the following changes:

a.

Changes in or loss of Federal Communication Commission license from the Federal Communication Commission to operate;

b.

Receipt of notice of failure to comply with the regulations of any other authority over the business or facility;

c.

Change in ownership of the company that owns wireless communication facility or provides telecommunications services; or

d.

Loss or termination of lease with the telecommunications facility for a period of six months or longer.

(Ord. No. 08-1014, §§ 1—3(Exhs. 1—3), 7-1-2009; Ord. No. 10-1003, § 1(Exh. 1), 7-7-2010; Ord. No. 18-1005, § 1(Exh. A), 5-2-2018; Ord. No. 21-1003, § 1(Exh. A), 2-3-2021)

Adjustments to the standards of this chapter may be approved by the planning commission at a duly noticed public hearing. The planning commission may grant an adjustment under either of the following circumstances:

1.

The planning commission may grant an adjustment when a gap in the applicant's service exists and the gap can only be alleviated through the adjustment of one of more of the standards in this section. If an adjustment is to be approved, the applicant must demonstrate each of the following:

a.

A gap in coverage or capacity exists in the wireless communication provider's service network that results in network users being regularly unable to connect with the provider's network, or maintain connection;

b.

The proposed facility will fill the existing service gap. The gap would be filled if the proposed facility would substantially reduce the frequency with which users of the network are unable to connect, or maintain connection, with the provider's network; and

c.

The gap cannot be filled through collocation on existing facilities, or establishment of facilities that are consistent with the standards of this section on properties other than the proposed site or on the proposed site in a manner which does not require an adjustment under this subsection.

2.

The planning commission may grant an adjustment to a standard when the proposed adjustment would utilize existing site characteristics to minimize demonstrated or potential impacts on the use of surrounding properties. For the purposes of this subsection, site characteristics shall include, but need not be limited to, the suitability of the proposed use considering size, shape, location, topography, existence of improvements, and natural features. Applicants for an adjustment under this provision must demonstrate that the adjustment will result in a lower level of impact on surrounding properties than would be generated if the standard were not adjusted. In considering the requested adjustment, the planning commission may consider the following:

a.

Visual impacts;

b.

Impacts on views;

c.

Impacts on property values; and

d.

Other impacts that the planning commission finds can be mitigated by an adjustment so that the proposed use will have greater compliance in not altering the character of the surrounding area in a manner which substantially limits, impairs, or precludes the use of surrounding properties for the primary use listed in the underlying district.

3.

Requests for adjustments under this subsection shall only be considered concurrently with the applicable site review process as required by Section 17.80.080. If the site review process required by Section 17.80.080 is a compatibility review or a site plan and design review, the inclusion of an adjustment will require that the application be subject to a conditional use review under Section 17.80.090.C.

(Ord. No. 08-1014, §§ 1—3(Exhs. 1—3), 7-1-2009; Ord. No. 10-1003, § 1(Exh. 1), 7-7-2010; Ord. No. 21-1003, § 1(Exh. A), 2-3-2021)

In order to facilitate continuity of services during maintenance or repair of existing installations, or prior to completion of construction of a new wireless communication facility, temporary wireless communication facilities shall be allowed subject to a Type I administrative review. Temporary wireless communication facilities shall not be in use in excess of six-month period. Temporary wireless communication facilities shall not have a permanent foundation, and shall be removed within thirty days of suspension of service they provide.

(Ord. No. 08-1014, §§ 1—3(Exhs. 1—3), 7-1-2009; Ord. No. 10-1003, § 1(Exh. 1), 7-7-2010; Ord. No. 21-1003, § 1(Exh. A), 2-3-2021)

Any wireless communication facility that has not provided service for six months shall be deemed a nuisance and subject to removal as provided in Oregon City Municipal Code Chapter 8.08. The planning manager may grant a six-month extension where a written request has been filed, within the initial six months period, to reuse the support tower or antenna(s).

(Ord. No. 08-1014, §§ 1—3(Exhs. 1—3), 7-1-2009; Ord. No. 10-1003, § 1(Exh. 1), 7-7-2010; Ord. No. 21-1003, § 1(Exh. A), 2-3-2021)

Notwithstanding any other provisions of this code, the community development director may require, as part of the application fees for land use permits, an amount sufficient to recover all of the city's costs in retaining consultants to verify statements made in conjunction with the permit application, to the extent that verification requires telecommunication experts.

(Ord. No. 08-1014, §§ 1—3(Exhs. 1—3), 7-1-2009; Ord. No. 10-1003, § 1(Exh. 1), 7-7-2010; Ord. No. 21-1003, § 1(Exh. A), 2-3-2021)