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HomeMy WebLinkAbout2802 Wireless CommunicationORDINANCE NO. 2802 AN ORDINANCE AMENDING SECTIONS 18.72.020, 18.72.040, 18.72.180 AND 18.68.120 OF THE ASHLAND MUNICIPAL CODE RELATING TO WIRELESS COMMUNICATION FAClUTIES. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 18.72.020 of the Ashland Municipal Code, Land Use Ordinance is amended as follows: "18.72.020 Definitions. The following terms are hereby defined as they apply to this chapter: Accessory Equipment - All appurtenances defined in wireless communication facilities, with the exception of the support structure and antennas. Antenna - The device used to capture an incoming or to transmit an outgoing radio-frequency signal from wireless communication systems. Antennas include the following types: Omni-direction (whip) antenna - receives and transmits signals in a 360 degree pattern Directional or Parabolic (.panel or disk) Antenna - receives and transmits signals in a directional pattern. They are typically rectangular in shape. Microwave antennas - receives and transmits to link two telecommunication facilities together by line of sight. They are typically circular or parabolic in shape and can be a grid or solid material. Collocation - The use of a single wireless communication facility by more than one wireless communications provider. D. Floor-Area Ratio (FAR) - The gross floor area of all buildings on a lot divided by the lot area. Infill - The development of more intensive land uses upon vacant or under-utilized sites. Pre-existing structures - Structures in existence prior to an application for a wireless communication facility installation. Primary Orientation - Direction of the front of the building with the main entrance to the public. Wireless Communication Facilities - The site, structures, equipment and appurtenances used to transmit, receive, distribute, provide or offer wireless telecommunications services. This includes, but is not limited to antennas, poles, towers, cables, wires, conduits, ducts, pedestals, vaults, buildings, electronics and switching equipment. Wireless Communications Systems - The sending and receiving of radio frequency transmissions and the connection or relaying of these signals to land lines and other sending and receiving stations, and including, but not limited to cellular radiotelephone, personal communications services (PCS), enhanced/specialized mobile radio, and commercial paging services, and any other technology which provides similar services. Wire~ess Communications Support Structure - A structure used to support wireless communications antennas and connecting appurtenances. The purpose of such structures is to elevate an antenna above the surrounding terrain or structures and may be attached to an existing building or other permanent structures or as a free-standing structure which may include, but are not limited to monopole support structures and lattice support structures, and may have supporting guyed wires and ground anchors. Mono.Dole - A support structure which consists of a single pole sunk into the ground or attached to a foundation. Lattice Tower - A support structure which consists of a network of cross braces that forms a tower. These types of structures are primarily used for taller towers and require a larger base than that of a monopole. 3. Alternative Structure - Man-made structures that, by design, 2 camouflage or conceal the presence of wireless communication facilities, such as clock towers, bell towers, church steeples, water towers, light poles and similar alternative-design mounting structures." SECTION 2. Section 18.72.040.A of the Ashland Municipal Code, Land Use Ordinance is amended as follows: "18.72.040 Approval Process Staff Permit. The following types of developments shall be subject to approval under the Staff Permit Procedure. Any Staff Permit may be processed as a Type I permit at the discretion of the Staff Advisor. Any change of occupancy from a less intensive to a more intensive occupancy, as defined in the City building code, or any change in use which requires a greater number of parking spaces. Any addition less than 2,500 square feet or ten percent of the building's square footage, whichever is less, to a building. Any use which results in three or less dwelling units per lot, other than single-family homes on individual lots. All installations of mechanical equipment in any zone. Installation of disc antennas shall be subject to the requirements of Section 18.72.160. Any disc antenna for commercial use in a residential zone shall also be subject to a Conditional Use Permit (18.104). (Ord. 2289 S5, 1984; Ord. 2457 S4, 1988). All installation of wireless communication systems shall be subject to the requirements of Section 18.72.180, in addition to all applicable Site Design and Use Standards and are subject to the following approval process: 3 Zoning Designations Attached to Alternative Freestanding Existing Structures Support Structures Structures Residential Zonesm CUP Prohibited Prohibited C- 1 CUP CUP Prohibited C-1-D (Downtown)~=~ CUP Prohibited Prohibited C-1 - Freeway overlay Site Review Site Review CUP E-1 Site Review Site Review CUP M-1 Site Review Site Review CUP SO Site Review CUP CUP NM (North Mountain) Prohibited Prohibited Prohibited Historic District~21 CUP Prohibited Prohibited A-1 (Airport Overlay) CUP CUP CUP HC (Health Care) CUP Prohibited Prohibited m Only allowed on existing structures greater than 4§ feet in height. For the purposes of this section in residential zoning districts, existing structures shall include the replacement of existing pole, mast, or tower structures (such as stadium light towers) for the combined purposes of their previous use and wireless communication facilities. ~=~ Permitted on pre-existing structures with a height greater than 50 feet in the Downtown Commercial district. Prohibited in all other districts within the Historic District, as defined in the Comprehensive Plan. Any exterior change to any structure listed on the National Register of Historic Places." SECTION 3. A new section, 18.72.180, is added to Chapter 18.72 of the Ashland Municipal Code, land use ordinance: "18.72.180 Development Standards for Wireless Communication Facilities Purpose and Intent - The purpose of this section is to establish standards that regulate the placement, appearance and impact of wireless communication facilities, while providing residents with the ability to access and adequately utilize the services that these facilities support. Because of the physical characteristics of wireless communication 4 facilities, the impact imposed by these facilities affect not only the neighboring residents, but the community as a whole. The standards are intended to ensure that the visual and aesthetic impacts of wireless communication facilities are mitigated to the greatest extent possible, especially in or near residential areas. Submittals - In addition to the submittals required in section 18.72.060, the following items shall be provided as part of the application for a wireless communication facility. A photo of each of the major components of a similar installation, including a photo montage of the overall facility as proposed. Exterior elevations of the proposed wireless communication facility (min 1"=10'). A set of manufacturers specifications of the support structure, antennas, and accessory buildings with a listing of materials being proposed including colors of the exterior materials. A site plan indicating all structures, land uses and zoning designation within 150 feet of the site boundaries, or 300 feet if the height of the structure is greater than 80 feet. A map showing existing wireless communication facility sites operated by the applicant within a 5 mile radius of the proposed site. A collocation feasibility study that adequately indicates collocation efforts were made and states the reasons collocation can. (;r cannot occur. A copy of the lease agreement for the proposed site showing that the agreement does not preclude collocation. o Documentation detailing the general capacity of the tower in terms of the number and type of antennas it is designed to accommodate. Any other documentation the applicant feels is relevant to comply with the applicable design standards. 5 10. Documentation that the applicant has held a local community meeting to inform members of the surrounding area of the proposed wireless communication facility. Documentation to include: a copy of the mailing list to properties within 300' of the proposed facility. a copy of the notice of community meeting, mailed one week prior to the meeting. a copy of the newspaper ad placed in a local paper one week prior to the meeting. d. a summary of issues raised during the meeting. Design Standards - All wireless communication facilities shall be located, designed, constructed, treated and maintained in accordance with the following standards: 1. General Provisions All facilities shall be installed and maintained in compliance with the requirements of the Building Code. At the time of building permit application, written statements from the Federal Aviation Administration (FAA), the Aeronautics Section of the Oregon Department of Transportation, and the Federal Communication Commission that the proposed wireless communication facility complies with regulations administered by that agency, or that the facility is exempt from regulation. All as,~ocicted transmittal equipment must be housed in a building, above or below ground level, which must be designed and landscaped to achieve minimal visual impact with the surrounding environment. Wireless communication facilities shall be exempted from height limitations imposed in each zoning district. d. WCF shall be installed at the minimum height 6 fo Preferred a. and mass necessary for its intended use. A submittal verifying the proposed height and mass shall be prepared by a licensed engineer. Signage for wireless communication facilities shall consist of a maximum of two non-illuminated signs, with a maximum of two square feet each stating the name of the facility operator and a contact phone number. Applicant is required to remove all equipment and structures from the site and return the site to its original condition, or condition as approved by the Staff Advisor, if the facility is abandoned for a period greater than six months. Removal and restoration must occur within 90 days of the end of the six month period. Designs Where possible, the use of existing WCF sites for new installations shall be encouraged. Collocation of new facilities on existing facilities shall be the preferred option. If (a) above is not feasible, WCF shall be attached to pre-existing structures, when feasible. If (a) or (b) above are not feasible, alternative structures shall be used with design features that conceal, camouflage or mitigate the visual impacts created by the proposed WCF. If (a), (b), or (c) listed above are not feasible, a monopole design shall be used with the attached antennas positioned in a vertical manner to lessens the visual impact compared to the antennas in a platform design. Platform designs shall be used only if it is shown that the use of an alternate attached antenna design is not feasible. Lattice towers are prohibited as freestanding wireless 7 communication support structures. 3. Landscaping The following standards apply to all WCF with any primary or accessory equipment located on the ground and visible from a residential use or the public right-of-way Vegetation and materials shall be selected and sited to produce a drought resistant landscaped area. The perimeter of the WCF shall be enclosed with a security fence or wall. Such barriers shall be landscaped in a manner that provides a natural sight obscuring screen around the barrier to a minimum height of six feet. The outer perimeter of the WCF shall have a 10 foot landscaped buffer zone. The landscaped area shall be irrigated and maintained to provide for proper growth and health of the vegetation. One tree shall be required per 20 feet of the landscape buffer zone to provide a continuous canopy around the perimeter of the WCF. Each tree shall have a caliper of 2 inches, measured at breast height, at the time of planting. 4. Visual Impacts ao Antennas, if attached to a pre-existing or alternative structure shall be integrated into the existing building architecturally and, to the greatest extent possible, shall not exceed the height of the pre-existing or alternative structure. bo Wireless communication facilities shall be located in the area of minimal visual impact within the site which will allow the facility to function consistent with its purpose. c. Antennas, if attached to a pre-existing or alternative 8 structure shall have a non-reflective finish and color that blends with the color and design of the structure to which it is attached. WCF, in any zone, must be set back from any residential zone a distance equal to twice its overall height. The setback requirement may be reduced if, as determined by the Hearing Authority, it can be demonstrated through findings of fact that increased mitigation of visual impact can be achieved within of the setback area. Underground accessory equipment is not subject to the setback requirement. Exterior lighting for a WCF is permitted only when required by a federal or state authority. All wireless communication support structures must have a non-reflective finish and color that will mitigate visual impact, unless otherwise required by other government agencies. go Should it be deemed necessary by the Hearing Authority for the mitigation of visual impact of the WCF, additional design measures may be required. These may include, but are not limited to: additional camouflage materials and designs, facades, specific colors and materials, masking, shielding techniques. 5. Collocation standards Each addition of an antenna to an existing WCF requires a building permit, unless the additional antenna increases the height of the facility more than ten feet. Addition of antennas to an existing WCF that increases the overall height of the facility more than ten feet is subject to a site review." SECTION 3. Section 18.68.120 of the Ashland Municipal Code, Land Use Ordinance is amended as follows: 9 "18.68.120 Utilities. Except as provided in Chapter 18.72 for wireless communication systems, the erection, construction, alteration, or maintenance by public utility or municipal or other government agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, towers, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police equipment and accessories in connection therewith, but not including buildings or satellite disc antennas, shall be permitted in any district, subject to the normal permit process. Utility transmission and distribution lines, poles and towers may exceed the height limits otherwise provided for in this Title, except in the Airport Overlay District." The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the ~' . day of and duly PASSED and ADOPTED this ,,~day of B~bara Chnstensen, C~ty Recorder SIGNED and APPROVED this ~/ day of ///-,'~'~ ,1997. · Catherine M. Golden, Mayor Paul Nolte, City Attorney 10