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(1) Purpose and Intent. The purpose of this section is to establish standards regulating the placement, appearance, and impact of wireless communication facilities while allowing citizens to access and adequately utilize the services provided by such facilities. The standards are intended to preserve the character of the City’s zoning districts and Historic Overlay districts by protecting them from the visual and aesthetic impacts associated with wireless communication facilities.

(2) Exemptions. The following uses and activities shall be exempt from these standards except as otherwise provided herein:

(a) Any repair, reconstruction, or maintenance of an existing Wireless Communication Facility.

(b) Amateur radio station towers, citizen band transmitters and antennas.

(c) Microwave and satellite dishes accessory to a permitted use and/or unrelated to a wireless telecommunication service system.

(d) All military, Federal, State, and local government communication facilities, and public safety communication towers.

(e) Cells-on-Wheels (COW), which are permitted as a temporary use in non-residential zones for a period not to exceed 14 days. During a period of emergency as declared by the City, County, State, or Federal government, cells-on-wheels are permitted throughout the length of the declared emergency period.

(f) Modifications to existing wireless communication facilities that do not result in a substantial change to the dimensions of the facility. For purposes of this section a “substantial change” includes:

(i) Mounting of a proposed antenna on a Wireless Communication Support Structure which increases the existing height of the support structure by more than twenty feet.

(ii) Adding a fixture to a Wireless Communication Support Structure that would protrude from the edge of the structure more than twenty feet, or more than the width of the support structure at the level of the appurtenance, whichever is greater.

(iii) Installing more than four new equipment cabinets to the current site.

(iv) Any excavation or deployment outside the current site.

(v) Any modifications which would defeat the concealment elements of the support structure.

(3) Permitted Use. Wireless Communication Facilities that do not include a Wireless Communication Support Structure are permitted in the following locations subject to the design standards in Section 10.824(6) and approval of a building permit:

(a) Commercial and Industrial Zones;

(b) Parcels containing legally established non-residential uses within the SFR and MFR zones;

(c) Any property owned by the City of Medford.

(4) Conditional Use. Approval of a Conditional Use Permit is required for new Wireless Communication Support Structures (as defined in Section 10.012), subject to the Conditional Use Permit procedural requirements of Section 10.184.

(5) Application Requirements. All applications for new Wireless Communication Facilities shall demonstrate compliance with the applicable design standards contained in Section 10.824(6), and include the following documentation:

(a) A site plan indicating all structures, land uses, and zoning designations within 150 feet of the facility boundaries; or 300 feet if the height of the support structure is greater than 80 feet.

(b) Exterior elevations of the proposed wireless communication facility that include a set of manufacturer’s specifications for any support structure(s), Wireless Communication Systems Antennas, and accessory buildings or equipment, with a listing of all materials and colors being proposed.

(c) A landscape plan, when required per Section 10.824(6)(c).

(d) Photosimulations of the overall facility at its proposed location, and a photo of each of the major components from a similar installation.

(e) An explanation of the stealth capabilities being proposed for any Wireless Communication Facility Support Structure(s), and the methods of concealment from public view, if any, that are to be utilized for the remainder of the facility.

(f) Details and specifications for exterior lighting, when required or proposed.

(g) A map that includes the following information:

(i) the coverage area of the proposed wireless communication facility;

(ii) all other wireless communication facilities within 1,250 feet of the proposed site, and all residential development within 300 feet of the proposed site;

(iii) the existing and approved wireless communication system facilities operated by the applicant within a 5-mile radius of the proposed site;

(h) A written explanation of collocation issues per Section 10.824(6)(d).

(i) Written findings addressing each of the design standards in Section 10.824(6).

(j) A copy of the lease agreement for the proposed site demonstrating that the agreement does not preclude collocation.

(k) Documentation detailing the capacity of the Wireless Communication Facility Support Structures in terms of the number and type of Wireless Communication Systems Antennas it is designed to accommodate.

(6) Design Standards. All wireless communication facilities shall be located, designed, constructed, treated, and maintained in accordance with the following:

(a) Preferred Designs:

(i) The co-location of new equipment at existing wireless communication facility sites shall be the preferred option, wherever possible.

(ii) If (i) above is not feasible, an attempt shall be made to attach to existing structures.

(iii) If (i) or (ii) above are not feasible, alternative structures shall be used, and shall include design features that conceal, obscure, or mitigate the visual impacts created by the proposed facility. All new Wireless Communication Facility Support Structures shall include stealth capabilities. In most cases, monopole Wireless Communication Support Structures are not considered to incorporate stealth capabilities.

(iv) If (i), (ii), or (iii) listed above are not feasible, a monopole design shall be used with the attached Wireless Communication Systems Antennas positioned in a flush-mounted, vertical manner. Platform designs may be used, if approved by the Planning Commission upon a finding that the use of an alternate attached Wireless Communication Systems Antenna design is not feasible.

(v) Relief from co-location and attachment of Wireless Communication Systems Antennas to existing Wireless Communication Support Structures under this section may be granted, at the discretion of the approving authority, upon submittal of either a mutually agreeable third party professional verification of provider's data or mutually agreeable third party engineering evaluations that support one or more of the following:

(A) Existing Wireless Communications Facilities or existing structures do not fall within location tolerances based upon Radio Frequency mapping.

(B) Existing site(s) do not meet minimum height requirements based upon Radio Frequency engineering data.

(C) Existing Wireless Communications Facilities do not meet structural integrity requirements for the proposed Wireless Communication Systems Antenna array.

(D) Placement of the proposed Wireless Communications Facility and/or Wireless Communication Systems Antenna array would impair, or be impaired by, the emission of Radio Frequencies.

(E) The owners of existing Wireless Communication Support Structures or structures within 1,250 feet will not allow the applicant to place its telecommunications facility thereon, or such owners are requiring payment that substantially exceeds commercially reasonable rates.

(vi) Applicants are encouraged to place the facilities on City owned or other publicly owned property.

(vii) Should it be deemed necessary in their review of a Conditional Use Permit for a Wireless Communication Support Structure, the Planning Commission may require additional design measures to mitigate the visual impact of the facility. Such measures may include, but are not limited to: additional concealment materials and designs, specific colors and materials, and landscaping.

(viii) Wireless communication facilities within a Historic (H) Overlay District must be concealed and are subject to the Historic Review procedural requirements of Section 10.188.

(ix) Small wireless communication facilities within the public right-of-way must comply with Section 6.985.

(b) General Requirements:

(i) All facilities shall be installed and maintained in compliance with the requirements of the current Oregon Structural Specialty Code. Building Permit applications shall include written statements from the Federal Aviation Administration (FAA), Oregon Aeronautics Division, and the Federal Communication Commission (FCC) that the proposed wireless communication facility complies with regulations administered by that agency, or that the facility is exempt from regulation.

(ii) When facilities are located within a C-N, C-S/P, or any residential zone, all associated transmittal equipment shall be housed in an all-weather equipment cabinet, or in the alternative, an equipment building, above or below ground level, which must be designed to achieve minimal visual impact with the surrounding environment.

(iii) Any ground-mounted accessory equipment shall be enclosed by a security fence or wall subject to Sections 10.731 through 10.735. Such barriers shall be landscaped in accordance with Section 10.824(6)(c).

(iv) Wireless Communication Support Structures shall not exceed a height of 135 feet as measured from the finished grade at the base of the tower.

(v) New wireless communication support structures must be set back from any residentially zoned property a distance equal to the overall height of the Wireless Communication Support Structure. The setback requirement may be reduced if, as determined by the Planning Commission, it can be demonstrated through findings of fact that increased mitigation of visual impact can be achieved within the setback area. In no case shall a new Wireless Communication Support Structure be setback less than the minimum requirement of the underlying zone. Underground accessory equipment is not subject to the setback requirement.

(vi) For wireless communication facilities co-located on an existing support structure, the design of any accessory structures or equipment shall use materials, colors and textures that will match the existing support structure to which the equipment of the collocating provider is being attached, subject to the concealment standards of Section 10.782

(vii) When Wireless Communication Systems Antennas are attached to the exterior of an existing building, they shall be architecturally integrated into the existing building, and shall have a non-reflective finish and color that blends with the color and design of the structure to which it is attached. Roof-Mounted Wireless Communication Facilities shall be concealed, subject to the standards of Section 10.782.

(viii) Any proposal that has elements that deviate from the standards of (vi) and/or (vii) above may be approved by the Site Plan and Architectural Commission or Landmarks and Historic Preservation Commission through a Type III Land Use Review Action, based upon evidence showing that the standards cannot otherwise be met and that the degree of relief approved by said Commission is the minimum necessary to allow for facility operation.

(ix) Any modification of an existing Wireless Communication Support Structure that would result in a “substantial change” as outlined in Section 10.824(2)(f) must be approved by the Planning Commission as a new Conditional Use Permit in accordance with Section 10.184.

(x) Signage for wireless communication facilities shall consist of a maximum of two non-illuminated signs, not to exceed two square feet in area each, stating the name of the facility operator and a contact phone number, and any other applicable FCC and OSHA required information.

(xi) No lighting shall be permitted except as required by the Oregon Aeronautics Division, Federal Aviation Administration (FAA), or other state or federal agency.

(c) Landscaping: The following standards apply to all facilities with any primary or accessory equipment located on the ground and visible from any public right-of-way or from an abutting residential use.

(i) The perimeter security fence or wall shall have a minimum 5-foot wide landscaped area that will screen the facility from public view.

(ii) The selected vegetation shall be fast-growing and reasonably expected to form a continuous hedge with a minimum height of six feet within two years of planting.

(iii) The landscaped area shall be irrigated and maintained to provide for proper growth and health of the vegetation.

(d) Wireless Communication Facility Co-location:

(i) All new Wireless Communication Support Structures shall be constructed so as to allow a second user to collocate on the facility, unless limited by aesthetics as determined by the Planning Commission.

(ii) Relief from co-location under this section may be granted, at the discretion of the approving authority, upon submittal of either a mutually agreeable third party professional verification of provider's data or mutually agreeable third party engineering evaluations that support one or more of the following:

(A) Existing Wireless Communications Facilities do not fall within location tolerances based upon Radio Frequency mapping.

(B) Proposed site(s) does not meet minimum height requirements based upon Radio Frequency engineering data.

(C) Existing Wireless Communications Facilities do not meet structural integrity requirements for the proposed Wireless Communication Systems Antenna array.

(D) Placement of the proposed Wireless Communications Facility and/or Wireless Communication Systems Antenna array would impair, or be impaired by, the emission of Radio Frequencies.

(E) That the owners of existing Wireless Communication Support Structures or structures within 1,250 feet will not allow the applicant to place its telecommunications facility thereon, or such owners are requiring payment that substantially exceeds commercially reasonable rates.

(7) Prohibited. The following wireless communication facilities are prohibited:

(a) Wireless communication support structures that exceed 40 feet in height in the Airport-Radar (A-R) Overlay District.

(b) Wireless communication facilities in a riparian corridor as identified in Section 10.926.

(c) Placement on a wireless communication support structure of satellite and microwave dishes that are not part of the wireless communication system.

(8) Abandonment. All wireless telecommunications facilities, which are not in use for six consecutive months, shall be removed by the wireless telecommunications facility owner. This removal shall take place within three months of the end of such six-month period. Upon removal, the site shall be revegetated to blend with the existing surrounding vegetation. Landscaping that is established and viable may remain.

(a) Removal Extension. Upon written application, prior to the expiration of the six-month period, the Planning Director may, in writing, grant a six-month time 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 regulation(s) and make it compatible with surrounding development.

[Added Sec. 2, Ord. No. 8349, May 1, 1997; Amd. Sec. 3, Ord. No. 1998-146, Jun. 18, 1998; Replaced Sec. 5, Ord. No. 2008-04, Jan. 3, 2008; Amd. Sec. 4, Ord. No. 2013-30, Feb. 21, 2013; Amd. Sec. 24, Ord. No. 2013-131, Sep. 5, 2013 (effective Dec. 1, 2013); Amd. Sec. 20, Ord. No. 2018-52, Jun. 7, 2018 (effective Jul. 9, 2018); Amd. Sec. 165, Ord. No. 2018-64, Jun. 21, 2018 (effective Jul. 23, 2018); Amd. Sec. 5, Ord. No. 2018-106, Sep. 6, 2018; Amd. Sec. 21, Ord. No. 2018-133, Dec. 6, 2018; Amd. Sec. 26, Ord. No. 2019-91, Aug. 1, 2019; Amd. Sec. 6, Ord. No. 2023-86, Jul. 6, 2023.]