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HomeMy WebLinkAbout3068 Wireless Facilities Development Standards ORDINANCE NO. 30(o . AN ORDINANCE AMENDING THE DEVELOPMENT STANDARDS FOR WIRELESS COMMUNICATION FACILITIES IN 18.72.180 OF THE ASHLAND MUNICIPAL CODE AND LAND USE ORDINANCE Annotated to show deletions and additions to the code sections being modified. Deletions are and additions are in bold underline. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass'n of Firefiehters, Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, the City of Ashland City Council found AMC 18.72.180.C.2 to be ambiguous on its face, and interpreted this standard in the final decision on November 2, 2010 for the appeal of a Planning Action 2009-01244, a request to install rooftop wireless communications facilities on the existing building located at 1644 Ashland Street; and WHEREAS, the City of Ashland Planning Commission considered the above-referenced recommended amendments to the Ashland Municipal Code and Land Use Ordinances based on the final decision of the City Council on Planning Action 2009-01244 at a duly advertised public hearing on October 11, 2011, following deliberations, recommended approval of the amendments unanimously; and WHEREAS, the City Council of the City of Ashland, following the close of the public hearings and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Municipal Code and Land Use Ordinance in manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. Page 1 of 8 THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above recitations are true and correct and are incorporated herein by this reference. SECTION 2. AMC Chapter 18.72.180 [Development Standards for Wireless Communication Facilities] is hereby amended to read as follows: SECTION 18.72.180 Development Standards for Wireless Communication Facilities. A. 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 facilities, the impact imposed by these facilities affect not only the neighboring residents, but also 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. B. Applicability. 1. All installation of wireless communication systems shall be subject to the requirements of this section in addition to all applicable Site Design and Use Standards and are subject to the following approval process: Zoning Designations Attached to Alternative Freestanding Existing Structures Support Structures Structures Residential Zones 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 SOU Site Review CUP CUP NM (North Mountain) Prohibited Prohibited Prohibited Historic District CUP Prohibited Prohibited A-1 (Airport Overlay) CUP CUP CUP Page 2 of 8 HC (Health Care) CUP Prohibited Prohibited CM-NC CUP CUP CUP CM-OE Site Review Site Review CUP CM-CI Site Review Site Review CUP CM-MU CUP CUP CUP CM-OS Prohibited Prohibited .Prohibited 2. Additional Provisions. a. In residential zoning districts,wireless communication facilities are permitted on existing structures greater than 45 feet in height. For the purposes of this section, 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. b. In the Downtown Commercial zoning district (C-1-1)), wireless communication facilities are permitted on existing structures with a height greater than 50 feet. c. With the exception of the C-1-1) zoning district as described above, wireless communication facilities are prohibited in the Historic Districts, as defined in the Comprehensive Plan. 3. Exemptions. Replacement of previously approved antennas and accessory equipment are permitted outright with an approved building permit, and are allowed without a Site Review or Conditional Use Permit as specified in the preceding subsection, provided that these actions: a. Do not create an increase in the height of the facility; and b. Conforms with the conditions of the previously approved planning action; and c. Do not cause the facility to go out of conformance with the standards of Section 18.72.180.D. 13 C. Submittals - In addition to the submittals required in sSection 18.72.060, the following items shall be provided as part of the application for a wireless communication facility. 1. A photo of each of the major components of a similar installation, including a photo montage of the overall facility as proposed. 2. Exterior elevations of the proposed wireless communication facility (min 1"=10'). 3. 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. 4. 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. 5. A map that includes the followine information: a. the coverage area of the proposed wireless communication facility; and b_A map showing the existing and approved wireless communication facility sites operated by the applicant, and all other wireless communication facilities within a 5 mile radius of the proposed site. 6. Details and specifications for exterior lighting. Page 3 of 8 6 7.A collocation feasibility study and states the reasons °°"°°°Lion eon or ennnot oeeu-addressing the Collocation Standards in Section 18.72.180.D.3. 8. For applications requesting approval of installation of new wireless communication facilities that are not collocated on a structure used by one or more wireless communications providers, an applicant shall submit, along with the standard application fee, an additional fee to reimburse the City for the cost of having the application materials reviewed by an independent contractor. The contractor must provide obiective advice based on professional qualifications and experience in telecommunication/radio frequency engineering, structural engineering, assessment of electromagnetic fields, telecommunications law, and other related fields of expertise. The fee for this independent analysis of application materials shall be in an amount established by resolution of the City Council. 7 9.A copy of the lease agreement for the proposed site showing that the agreement does not preclude collocation. 8 10.Documentation detailing the general capacity of the tower in terms of the number and type of antennas it is designed to accommodate. 9 11.Any other documentation the applicant feels is relevant to comply with the applicable design standards. 4-0 12.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. a copy of the mailing list to properties within 300' of the proposed facility. b. a copy of the notice of community meeting, mailed one week prior to the meeting. c. 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. E D. Design Standards - All wireless communication facilities shall be located, designed, constructed, treated and maintained in accordance with the following standards: 1. General Provisions a. 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. b. All associated 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. c. Wireless communication facilities shall be exempted from height limitations imposed in each zoning district. d. MIC-F Wireless communication facilities shall be installed at the minimum height and mass necessary for its intended use. A submittal verifying the proposed height . and mass shall be prepared by a licensed engineer. e. Lattice towers are prohibited as freestanding wireless communication support structures. Page 4 of 8 e f. 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. €g.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. h. All new wireless communication support structures shall be constructed so as to allow other users to collocate on the facility. 2. Preferred Designs. The following preferred designs are a stepped hierarchy, and the standards shall be applied in succession from subsection a to e, with the previous standard exhausted before moving to the following design alterative. For the purpose of Section 18.72.180, feasible is defined as capable of being done, executed or effected; possible of realization. A demonstration of feasibility requires a substantial showing that a preferred design can or cannot be accomplished. a. Collocation. Where possible, the use of existing WGF sites for nem, installation-s shall be ,...eouraged Collocation of new facilities on existing facilities shall be the preferred option. Where technically feasible, collocate new facilities on pre- existing structures with wireless communication facilities in place, or on pre- existing towers. b. Attached to Existing Structure. If (a) above is not feasible, MICF wireless communication facilities shall be attached to pre-existing structures, when feasible. c. Alternative Structure. 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 WICF wireless communication facilities. d. .Freestanding Support Structure. 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. e. Lattiee sowers are-prohibited as freestanding wireless r2vnxmviricrtsimriiippvrs nt......4........ IL�II�T. 3. Collocation Standards. a. The collocation feasibility study shall: 1) document that alternative sites have been considered and are technologically unfeasible or unavailable; 2) demonstrate that a reasonable effort was made to locate collocation sites that meet the applicant's service coverage area needs; and 3) document the reasons collocation can or cannot occur. b. Relief from collocation under this section may be granted at the discretion of the approving authority, if the application and independent third party analysis demonstrate collocation is not feasible because one or more of the following conditions exist at prospective collocation sites: i. a significant service gap in coverage area. Page 5 of 8 ii. sufficient height cannot be achieved by modifying existing structure or towers. iii. structural support requirements cannot be met. iv. collocation would result in electronic, electromagnetic, obstruction or other radio frequency interference. 3 4.Landscaping. The following standards apply to all M wireless communication facilities with any primary or accessory equipment located on the ground and visible from a residential use or the public right-of-way. a. Vegetation and materials shall be selected and sited to produce a drought resistant landscaped area. b. The perimeter of the MICF wireless communication facilities 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. c. The outer perimeter of the WC–T wireless communication facilities shall have a 10 foot landscaped buffer zone. d. The landscaped area shall be irrigated and maintained to provide for proper growth and health of the vegetation. e. One tree shall be required per 20 feet of the landscape buffer zone to provide a continuous canopy around the perimeter of the MYC–T—wireless communication facilities. Each tree shall have a caliper of 2 inches, measured at breast height, at the time of planting. 4 S.Visual Impacts a. 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. b. 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 structure shall have a non- reflective finish and color that blends with the color and design of the structure to which it is attached. d. M Wireless communication facilities, 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. e. Exterior lighting for a 3AICF wireless communication facility is permitted only when required by a federal or state authority. f. 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. g. Should it be deemed necessary by the Hearing Authority for the mitigation of visual impact of the axe wireless communication facility, additional design measures may be required. These may include, but are not limited to: additional camouflage Page 6 of 8 materials and designs, facades, specific colors and materials, masking, shielding techniques. a Fneh addition of an antenno to an existing MICF requires a building permit, feet-. ' b. Addition of antennas to an e*' W-F Fier-enses the Fiver-all height of the f fle ffit more than ten feet is ..1. eet 4o a site r-eview Af thk qpptiAn On addition to all appheable Site Design and Use Standards and are Zoning Designations Attaehed to A clternativa Freestandin Existin g StFuetures °upp°r StrUetUres StrUetHreB C-4 CUP CUP Prohibited Prohibited GY CUP CUP- Prohibited C 1�—�WMOWOM CUP Prohibited Prohibited d S4 Site Review Site Review A44 Site Review Site Review CUP Sou Site Review CUP Prohibited Prohibited Pr-ehibited m C44F Prohibited Prohiiblilted A 1 (Airport ort !Over-lay) CUP CUP CUP- HC- nth Com) CUP Prohibited Prohibited GM-NG CU-P- CUP CUP GM OE Site Review Site .r CUP CM CI Site Review Site Review C-I�P GA4 MU CUF CUP CAP GM AS Prohibited Prohibited Prohibited SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. Page 7 of 8 SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions, and text descriptions of amendments (i.e. Sections 1, 22-23) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the s�day of 2012, and ly PASSED and ADOPTED this da f 12012. Barbara M. Christensen, City Recorder SIGNED and APPROVED this I/day of ZI! 2012. ohn Stromberg, Mayor Reviewed as to form: avid Lohman, City Attorney Page 8 of 8