The purpose of this chapter is to establish appropriate locations, site development standards, and permit requirements for wireless communication facilities and services within the City, in a manner which will facilitate location of various types of wireless communication facilities in permitted locations so they are consistent with the residential character of the City. The requirements of this chapter:

A.    Ensure compatibility of proposed WCF with surrounding areas by establishing standards for location, height, structural integrity, design review, landscaping, and visual screening;

B.    Reduce the apparent quantity of WCF by providing incentives and other inducements to utilize co-location and stealth technologies, thereby lessening adverse visual impacts of these facilities on the City’s developed residential areas and natural surroundings; and

C.    Allow WCF which are sufficient to allow adequate service to citizens, the traveling public, and others within the City; and to accommodate the need for connection of such services to wireless facilities in adjacent and surrounding communities. (Ord. 1408, 1998)

Repealed by Ord. 1604. (Ord. 1408, 1998)

These provisions shall apply to all applications for the installation or construction of wireless communication facilities (WCF) including support structures and attached and/or co-located WCFs and antennas and shall include stealth designs as defined in CDC 57.020. This chapter encourages co-location and the placement of antennas and WCF on existing structures and buildings by permitting those uses, either outright or by design review. The construction of new WCF structures is discouraged by requiring more extensive review including conditional use permits and design review. The following table explains what review process is required for each WCF type by zoning district. Non-commercial ham radio towers, citizen band transmitters, and antennas over 50 feet tall must be reviewed under this chapter like any other WCF using the appropriate category. (Ord. 1408, 1998)

1 Maximum five antenna arrays/users on same tower, or in case of building, there is a maximum of five antenna arrays/users. Additional antenna arrays/users on same building must be at least 50 feet from existing cluster or outside of line of sight of existing cluster as seen from adjacent right-of-way. Maximum height is to top of highest antenna. The reference in the third vertical column to “30' Max. Above Bldg. or Existing WCF” means that any WCF tower built under the provisions of this chapter can be increased in height by a maximum of 30 feet. For example, a 120-foot tower in the General Industrial zone could be increased to 150 feet to accommodate co-location. No additional height increases would be permitted unless by Class II variance. WCF providers cannot stack one 30-foot increase on top of another 30-foot increase.

2 Stealth designs represent the placement of antennas and all support equipment inside buildings or enclosures so they are not readily seen from adjacent rights-of-way or properties for the purpose of lessening or eliminating visual impacts. Additions to buildings such as cupolas, clock towers, and dormers are permitted to accommodate stealth WCF. No new freestanding buildings may be built exclusively or primarily for the purpose of concealing stealth WCF and support equipment.

3 Fencing, security, landscaping, screening, and noise standards of CDC 57.080(L) through (N) shall apply.

4 “No Extension” means that antennas or other WCF equipment may not extend above the top of the utility or light pole.

(Ord. 1408, 1998)

The following uses and activities shall be exempt from these regulations:

A.    Existing non-commercial or commercial towers and antennas and any repair, reconstruction, repainting, or maintenance of these facilities which does not create a significant change in visual impact.

B.    Non-commercial ham radio towers, citizen band transmitters, and antennas under 50 feet tall.

C.    Antennas and equipment and other apparatus completely located within an existing structure, the purpose of which is to enhance or facilitate communication function of other structures on the site. (Ord. 1408, 1998)

An application shall be pursuant to CDC 99.030. (Ord. 1408, 1998)

To be considered a complete application, the following information is required:

1.    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 landline system; and all landscape areas intended to screen the WCF.

2.    An engineer’s statement that the RF emissions at grade, or at nearest habitable space when attached to an existing structure, comply with FCC rules for such emissions; the cumulative RF emissions if co-located.

3.    A description of the type of service offered (voice, data, video, etc.) and the consumer receiving equipment.

4.    Provide facilities maintenance schedule.

5.    Provide zoning and Comprehensive Plan designation of proposed site.

6.    Photo or computer simulations of the proposed WCF from the four cardinal compass points and/or abutting right-of-way, whichever provides the most accurate representation of the proposed facility from a variety of vantage points.

7.    The distance from the nearest WCF and nearest co-location site.

8.    An engineer’s statement demonstrating:

a.    The reasons why the WCF must be located at the proposed site (service demands, topography, dropped coverage, etc.);

b.    The reason why the WCF must be constructed at the proposed height; and

c.    Verification of good faith efforts made to locate or design the proposed WCF to qualify for a less rigorous approval process (building permit or site plan approval).

9.    A copy of that portion of the lease agreement (or lease memo) with the property owner that includes co-location provisions (where applicable), facility removal within 90 days of abandonment, and a bond to guarantee removal shall be submitted to the City for review purposes only. The bond may be effective only in the event that the application is approved.

10.    A signed statement from the applicant agreeing to allow co-location on the applicant’s structure (where applicable).

11.    A map of the City showing the approximate geographic limits of the cell to be created by the facility. This map shall include the same information for all other facilities owned or operated by the applicant within the City, or extending within the City from a distant location, and any existing detached WCF of another provider within 1,000 feet of the proposed site.

12.    An engineer’s analysis/report of the recommended site location area for the proposed facility. If an existing structure approved for co-location is within the area recommended by the engineer’s report, reasons for not co-locating shall be provided and must demonstrate at least one of the following deficiencies:

a.    The structure is not of sufficient height to meet engineering requirements;

b.    The structure is not of sufficient structural strength to accommodate the WCF;

c.    Electromagnetic interference for one or both WCF will result from co-location; or

d.    The radio frequency coverage objective cannot be adequately met.

13.    Full response to CDC 57.080 approval criteria as applicable.

14.    Fulfillment of co-location protocol requirements of CDC 57.090. (Ord. 1408, 1998)

A.    For WCF allowed outright, a building permit is required. WCF, accessory buildings, and equipment shall satisfy subsections L through N of this section.

B.    For WCF allowed by Design Review Class I, the applicable approval criteria of Chapter 55 CDC and applicable criteria of subsections E through N of this section shall apply.

C.    For WCF allowed by Design Review Class II, the applicable approval criteria of Chapter 55 CDC and applicable criteria of subsections E through N of this section shall apply.

D.    For WCF allowed by conditional use permit, the approval criteria of CDC 60.070 and applicable criteria of Chapter 55 CDC, Design Review, and subsections E through N of this section shall apply.

E.    Aesthetics.

1.    New towers shall maintain a galvanized steely grey finish or other accepted contextual or compatible color or, if required by the FAA, be painted pursuant to the FAA’s requirements.

2.    If co-location on an existing tower is requested, the design of any antenna, accessory structure, or equipment shall, to the greatest extent possible, use materials, colors, and textures that will match the existing tower, building, or other existing structures.

3.    If co-location on an existing non-tower structure is requested, the antenna and supporting electrical and mechanical equipment shall be a neutral color that is the same as the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

F.    Setbacks.

1.    Towers designed to collapse within themselves shall be set back in accordance with the setbacks contained in the zone.

2.    Towers not designed to collapse within themselves shall be set back from the property line by a distance equal to one-half the height of the tower.

G.    Tower location. Co-location or placement on existing structures or buildings is the preferred siting choice. If co-location cannot be accommodated, new WCFs shall be placed as close as possible to existing WCFs so that the impacts are concentrated rather than spread out or dispersed.

H.    Height. New towers shall not exceed 120 feet in height in the GI zone, and 40 feet in height in the GC, OBC, CI, R-2.1, and R-3 zones except by Class II variance. Antennas, etc., may not extend above these heights.

I.    Lighting. None allowed except as required by the FAA.

J.    Points of visual interest shall be protected. Long-range views from the I-205 rest area towards Mt. Hood shall be protected pursuant to subsection K of this section. Views from residential structures located within 250 feet of the proposed wireless communication facility to the following points of visual interest shall be protected to the greatest practical extent:

1.    Mountains.

2.    Significant public open spaces.

3.    Historic structures.

K.    Methods for protecting points of visual interest. The following standards, and only the following standards, shall be used to protect the above-identified points of visual interest to the greatest practical extent if views from a residential structure located within 250 feet from a proposed wireless communication facility to a point of visual interest specifically identified above are significantly impacted. The standards shall also apply to preserving long-range views of Mt. Hood from the northbound I-205 rest area. The applicant shall:

1.    Investigate other locations within the same lot where such visual impacts can be minimized overall.

2.    Investigate alternative tower designs that can be used to minimize the interruption of views from the residents/public to the points of visual interest.

3.    Minimize visual impacts to the point of visual interest referred to above, by demonstrating that co-location or the use of other structures within the service area is not feasible at this time.

4.    Minimize visual impacts by varying the setbacks or landscape standards that would otherwise be applicable, so long as the overall impact of the proposed development is as good as or better than that which would otherwise be required without said variations.

L.    Fencing and security. For security, tower(s) and ancillary facilities shall be enclosed by a fence up to eight feet high. No fence height variances shall be required.

M.    Landscaping and screening. Landscaping shall be placed outside the fence and shall consist of a fast-growing vegetation with a minimum planted height of six feet placed densely so as to form a solid hedge. Landscaping shall be properly maintained.

N.    Noise. Noise-generating equipment shall be sound-buffered by means of baffling, barriers, or other suitable means to reduce sound levels consistent with West Linn Municipal Code Chapter 5. (Ord. 1408, 1998; Ord. 1604 § 58, 2011)

A.    The purpose of this requirement is to create a process that will allow providers to equitably share publicly available, nonproprietary information among themselves, with interested persons and agencies, and with the approval authority, at the time the provider schedules a pre-application conference with the approval authority. This co-location protocol is designed to increase the likelihood that all reasonable opportunities for co-location have been investigated and that the appropriate information has been shared among the providers.

The approval authority recognizes that co-location is preferable, where technologically feasible and visually desirable, as a matter of public policy, but that co-location of antennas by providers is not always feasible for technical or business reasons. However, if all licensed providers are made aware of any pending tower or antenna permit requests, such disclosure will allow providers to have the maximum amount of time to consider possible co-location opportunities, and will also assure the approval authority that all reasonable accommodations for co-location have been investigated. The code creates strong incentives for co-location because proposals for co-location qualify for a less rigorous approval process (building permit or design review approval rather than a discretionary land use permit).

B.    A pre-application conference is required for all proposed freestanding support structures.

C.    At the time a pre-application conference is scheduled, the applicant shall demonstrate that the following notice was mailed to all other wireless providers licensed to provide service within the City:

Pursuant to the requirements of Community Development Code Chapter 57, (name of wireless provider) is hereby providing you with notice of our intent to meet with the City of West Linn in a pre-application conference to discuss the location of a freestanding wireless communication facility that would be located at _____(location)______. In general, we plan to construct a support structure of ______ feet in height for the purpose of providing (cellular, PCS, etc.) service.

Please inform us whether you have any existing or pending wireless facilities locating within (distance) of the proposed facility, that may be available for possible co-location opportunities. Please provide us with this information within 10 business days after the date of this letter. Your cooperation is appreciated.

Sincerely, (pre-application applicant, wireless provider).

D.    If a response to a co-location request letter is received by an applicant indicating an opportunity for co-location, the applicant shall make a good faith effort to analyze the feasibility of co-location. This analysis shall be submitted with an application for any freestanding support structure.

A good faith effort to investigate the feasibility of co-location shall be deemed to have occurred if the applicant submits all of the following information:

1.    A statement from a qualified engineer indicating whether the necessary service can or cannot be provided by co-location at the possible co-location site.

2.    Evidence that the lessor of the possible co-location site either agrees or disagrees to co-location on their property.

3.    Evidence that adequate site area exists or does not exist at the possible co-location site to accommodate needed equipment and meet all of the site development standards.

4.    Evidence that adequate access does or does not exist at the possible co-location site.

E.    If the applicant has provided information addressing each of the criteria in subsection D of this section, the co-location protocol shall be deemed complete. (Ord. 1408, 1998)

A wireless communication facility which has been discontinued for a period of six consecutive months or longer is hereby declared abandoned. Abandoned facilities shall be removed by the property owner within 90 days from date of abandonment. Failure to remove an abandoned facility is declared a public nuisance and is subject to penalties and enforcement under Chapter 106 CDC.

Upon written application, prior to the expiration of the six-month period, the Planning Director shall, in writing, grant a six-month extension for reuse of the facility. Additional extensions beyond the first six-month extension may be granted by the Planning Director subject to any conditions required to bring the project or facility into compliance with current law(s) and make compatible with surrounding development. (Ord. 1408, 1998)