Chapter 17.120
WIRELESS TELECOMMUNICATIONS FACILITIES
Sections:
17.120.040 General requirements.
17.120.050 Application requirements.
17.120.060 Procedures for approval.
17.120.070 Removal of abandoned antennas and towers.
17.120.010 Purpose.
The purpose of this chapter is to establish general guidelines for the siting of wireless telecommunications towers and antennas. [Ord. 1105 § 1, 2002; Ord. 950 Appx. I, 1991.]
17.120.020 Definitions.
As used in this chapter, the following terms shall have the meanings set forth below:
“Antenna” means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), including but not limited to wireless telecommunications signals or other communication signals.
“Backhaul network” means the lines that connect a provider’s towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
“FAA” means the Federal Aviation Administration.
“FCC” means the Federal Communications Commission.
“Height” means, when referring to a tower or other telecommunications structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
“Landowner” means the owner of the land upon which the tower is located.
“Preexisting towers” and “preexisting antennas” mean any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of the ordinance codified in this chapter, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
“Stealth facilities” means manmade trees, clock towers, bell steeples, light poles and similar camouflaging designs that camouflage or conceal the presence of antenna or towers.
“Tower” means any structure that is designed and constructed to support one or more antennas. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.
“Wireless telecommunications facilities” means 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. [Ord. 1105 § 1, 2002; Ord. 950 Appx. I, 1991.]
17.120.030 Applicability.
All new towers or antennas within the city of Junction City shall be subject to these regulations, except for the following uses, which shall only be required to comply with the applicable provisions of the underlying zoning district in which they are located and Federal Communications Commission policy:
A. Private Amateur Radio/Direct Home Satellite. Private amateur radio (HAM) antennas, their support structures, and direct-to-home satellite receiving antennas are exempt from this chapter.
B. Pre-existing towers or pre-existing antennas.
C. Towers and antennas operated by governmental entities. [Ord. 1105 § 1, 2002; Ord. 950 Appx. I, 1991.]
17.120.040 General requirements.
The following requirements apply to all wireless telecommunications facilities:
A. Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use or existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot, as long as the facility meets setbacks and other requirements.
B. Not Essential Services. Wireless telecommunications facilities shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities.
C. State and Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the landowner’s expense.
D. Building Codes – Safety Standards. To ensure the structural integrity of wireless telecommunications facilities the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes. A building permit may be required by the city of Junction City. If, upon inspection, the city of Junction City concludes that a tower fails to comply with such codes and standards, then upon notice being provided to the landowner, the landowner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for removal of the tower or antennas at the landowner’s expense. If a pre-existing tower suffers more than 60 percent damage of the assessed value of the tower, then these rules are in addition to the standards of the building code. Any applicable building and safety standards shall apply.
E. Allowed Tower Types. Except for towers approved under JCMC 17.120.060(C) or approved stealth facilities, all towers must be monopole type towers.
F. Height. Towers shall not exceed 150 feet. All antennas or other supporting equipment attached to towers are included in the calculation of height. Antennas that are attached to buildings may not exceed the height standards in the base zone in which they are located.
G. Setbacks. All equipment shelters shall be set back from property lines according to the required setbacks of the underlying zone. A tower shall be set back from the property line of any lot with an adjacent dwelling located on it or any residentially zoned lot a distance twice the height of the tower from finished grade, or according to the setbacks of the underlying zone, whichever is greater.
H. Separation Distances Between Towers. Separation distances between towers shall be applicable for and measured between the proposed tower and pre-existing towers within a one-mile radius of the proposed tower. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in the following table:
|
Proposed Tower Type |
Existing Tower Types |
|
|---|---|---|
|
|
Monopole 75 ft. in height or greater |
Monopole less than 75 ft. in height |
|
Monopole 75 ft. in height or greater |
1,500 ft. |
750 ft. |
|
Monopole less than 75 ft. in height |
750 ft. |
750 ft. |
I. Color. Towers and antennas shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted colors that reduce visual obtrusiveness. Supporting electrical and mechanical equipment must also be a color that is identical to, or closely compatible with, the color of the supporting structure.
J. Design and Building Materials. At a tower site, the design of the building and related structures shall use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.
K. Lighting. Towers shall not be artificially lighted, unless specifically required by the FAA. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding areas, must be shielded, and may not include intermittent or flashing lights (unless specifically required by the FAA).
L. Landscaping. Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four feet in width outside the perimeter of the compound. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.
M. Signs. No signs shall be allowed on an antenna or tower.
N. Security Fencing. Towers shall be enclosed by security fencing not less than six feet in height.
O. Collocation Requirements. Towers must be built in a manner that allows antennas for additional users. [Ord. 1105 § 1, 2002; Ord. 950 Appx. I, 1991.]
17.120.050 Application requirements.
In addition to any information required for applications for conditional use permits pursuant to JCMC 17.130.020, applicants for a permit for a wireless telecommunications facility governed by JCMC 17.120.060(B) or (C) shall submit the following information:
A. Signature(s) of the landowner(s) on the application form or a written statement from the landowner(s) granting authorization to proceed with land use and building permit application.
B. Documentation of lease agreements with a Federal Communications Commission (FCC) licensed provider.
C. A scaled site plan clearly indicating the location, type, and height of the proposed wireless telecommunications tower, on-site land uses and zoning, adjacent land uses and zoning, comprehensive plan designation of the site and surrounding properties, adjacent roadways, proposed means of access, setbacks from property lines, landscaping, elevation drawings of the proposed tower and antenna array, and any other structures, topography, parking, and any other information deemed necessary by the city administrator to be necessary to assess compliance with this chapter.
D. A description of the type of service offered and the consumer receiving equipment.
E. Identification of the provider and backhaul provider, if different.
F. Legal description of the parent tract and lease parcel (if applicable).
G. The setback distance between the proposed tower and the nearest residentially zoned property.
H. The separation distance from other towers described in JCMC 17.120.040(H) shall be shown on an updated site plan or map in relationship to the proposed tower. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if applicable.
I. Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the city of Junction City an inventory of the applicant’s existing towers, antennas, or sites approved for towers or antennas, that are within the jurisdiction of the city of Junction City and/or within one mile of the proposed tower site, including specific information about the location, height, and design of each tower. The city of Junction City may share such information with other applicants applying for administrative or conditional use approval under this chapter or other organizations seeking to locate antennas within the jurisdiction of Junction City; provided, however, that the city is not, by sharing this information, in any way representing or warranting that such sites are available or suitable for collocation of facilities.
J. Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.
K. A copy of the applicant’s Federal Communications Commission license, a copy of a letter of determination from the Federal Aviation Administration or the Oregon Department of Transportation – Aeronautics Division as to whether or not aviation lighting would be required for the proposed facility.
L. The application shall include a certification that the completed installation will comply with all federal, state and local standards. The applicant shall submit documentation demonstrating compliance with non-ionizing electromagnetic radiation (NIER) emission standards as set forth by the Federal Communications Commission (FCC).
M. A notarized affidavit by the applicant demonstrating that collocation is not possible because of either: (1) the applicant has made a good faith effort to collocate its facilities on all existing towers in the area to be served, but has been unable to obtain the consent of the owners of such other towers; or (2) collocation is not physically possible for reasons set forth in subsections (N)(1) through (4) of this section.
N. An engineer’s analysis/report of the recommended site location area for the proposed facility. If an existing structure within the area recommended by the engineer’s report provides an opportunity for collocating, reasons for not collocating shall be provided and must demonstrate at least one of the following deficiencies:
1. The structure is not of sufficient height to meet engineering requirements;
2. The structure is not of sufficient structural strength to accommodate the facility;
3. Electromagnetic interference for one or both facilities will result from collocation;
4. The radio frequency coverage objective cannot adequately be met.
O. A copy of that portion of the lease agreement with the land owner, or a statement from the land owner if the applicant owns the property, that includes collocation provisions (where applicable), facility removal within 90 days of abandonment and a bond to guarantee removal. [Ord. 1105 § 1, 2002; Ord. 950 Appx. I, 1991.]
17.120.060 Procedures for approval.
Wireless communication facilities are only permitted in the areas described in subsections (A)(1) through (3) of this section.
The following procedures apply to wireless telecommunications facilities:
A. Type I Review. Any antennas that are not attached to a tower and/or collocated on an approved tower under this chapter may be approved administratively as an accessory use, provided:
1. The antenna is located in the light industrial (M1) zoning district, heavy industrial (M2) zoning district, public lands (PL) zoning district, general commercial (GC) zoning district or central commercial (C2) zoning district.
2. The antenna does not exceed the height standards of the base zone, except as approved on an existing tower under this chapter.
3. The antenna complies with all general requirements of this chapter, all applicable FCC and FAA regulations and all applicable building codes.
B. Type II Review. Type II review includes planning commission review, but does not require a public hearing. All proposals must meet the general requirements in JCMC 17.120.040. The following towers must be reviewed through a Type II procedure:
Towers that are of a stealth design and are to be located in the light industrial (M1) zone, heavy industrial (M2) zone or public lands (PL) zone. Towers may not be located in the area bounded by E 12th Avenue and E 9th Avenue and Front Street and Elm Street.
C. Type III Review – Conditional Use Permit. All other towers will be processed through a Type III process, which requires a public hearing before the planning commission. All towers allowed under the Type III process must be located in either the light industrial (M1) or heavy industrial (M2) zoning districts. Towers may not be located in the area bounded by E 12th Avenue and E 9th Avenue and Front Street and Elm Street.
1. An applicant for a conditional use permit shall submit the information described in this chapter and in JCMC 17.130.020, and a nonrefundable fee.
2. Criteria in Granting Conditional Use Permits. In addition to any standards for consideration of conditional use permit applicants pursuant to JCMC 17.130.020 and the general requirements of this chapter, the planning commission shall consider the following factors in determining whether to issue a conditional use permit:
a. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
b. Location of the tower on the lot, with particular reference to reducing or eliminating visual obtrusiveness;
c. Proximity of the wireless telecommunications facility to residential district boundaries;
d. Proposed ingress and egress;
e. Reasons why the tower cannot be designed as a stealth facility.
3. In granting a conditional use permit, the planning commission may impose conditions to the extent the planning commission concludes such conditions are necessary to minimize any adverse effect of the proposed wireless telecommunications facility on adjoining properties, which includes, but is not limited to: requiring stealth facilities, additional landscaping and screening of equipment and additional setbacks from property lines, buildings or other uses.
4. Prior to issuance of building permits for the tower, the applicant shall submit to the building official documentation from the Federal Aviation Administration, the Oregon Department of Aviation and any other local or state agency with jurisdiction that the tower has been reviewed and is not determined to be a hazard if constructed as proposed.
5. Prior to issuance of a building permit, a memorandum of lease or other document acceptable to the city has been recorded in Lane County deeds and records reflecting the removal requirements in JCMC 17.120.070. [Ord. 1105 § 1, 2002; Ord. 950 Appx. I, 1991.]
17.120.070 Removal of abandoned antennas and towers.
Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the city of Junction City notifying the owner of such abandonment. Failure to remove the tower or antenna within said 90 days shall be grounds to remove the tower or antenna at the landowner’s expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. The city requires the posting of a bond before development permit issuance to ensure removal of a wireless telecommunications facility after the facility is no longer being used. [Ord. 1105 § 1, 2002; Ord. 950 Appx. I, 1991.]
17.120.080 Enforcement.
This chapter shall be enforced under Chapter 17.150 JCMC. In addition to fines for violation, the city shall also be entitled to recover costs of enforcement, such as attorney’s fees, staff time and removal of the structure. [Ord. 1105 § 1, 2002; Ord. 950 Appx. I, 1991.]