HomeMy WebLinkAboutOrdinance No. 20078ORDINANCE NO.20075
AN ORDINANCE CONCERNING TELECOMMUNICATION
FACILITIES; ADDING SECTION 9.900 TO THE EUGENE
CODE, 1971; AND DECLARING AN EMERGENCY.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOVI~S:
Section 1. The following caption and Section 9,900 are hereby added to the
Eugene Code,1971, to provide:
Telecommunications Facilities
9.900 Telecommunication Facilities - Sitin Re uirements and Procedures.
~1 } Pur ose. The provisions of this section are intended to ensure that
telecommunication facilities are located, installed, maintained and removed in a manner
that:
~a} Minimizes the number of transmission towers throughout the
community;
fib} Encourages the collocation of telecommunication facilities;
~c} Encourages the use of existing buildings, light or utility poles
or water towers as opposed to construction of new telecommunication
towers;
~d} Recognizes the need of telecommunication providers to build
out their systems over time; and
fie} Ensures that all telecommunication facilities, including towers,
antennas, and ancillary facilities are located and designed to minimize the
visual impact on the immediate surroundings and throughout the community,
and minimize public inconvenience and disruption. Nothing in this section
shall apply to amateur radio antennas, or facilities used exclusively for the
transmission of television and radio signals; however, these uses are not
exempted from applicable provisions in other sections of the code, including
the requirement to obtain a conditional use permit to construct transmission
facilities.
~2} Definitions. As used in this section 9.900, the following words and
phrases mean:
Ancilla facilities. The buildings, cabinets, vaults, closures and
equipment required for operation oftelecommunication systems including but
not limited to repeaters, equipment housing, and ventilation and other
mechanical equipment.
Ordinance - t
Antennas. An electrical conductor or group of electrical conductors
- that transmit or receive radio waves, excluding amateur radio antennas.
A#tachment. An antenna or other piece of related equipment affixed
to a transmission tower, building, light or utility pole, orwater tower.
Collocation. Placement of an antenna an an existing transmission
tower, building, light or utility pole orwatertowerwhere the antenna and all
supports are located on the existing structure.
Provider. A person in the business of designing and using
telecommunication facilities including cellular radiotelephones, personal
communications services, enhancedlspecialized mobile radios, and
commercial paging services.
Stealth desi n~ A telecommunication facility that is designed or
located in such a way that the facility is not readily recognizable as
telecommunications equipment.
Telecommunication facilit , A facility designed and used for the
purpose of transmitting, receiving, and relaying voice and data signals from
various wireless communication devices including transmission towers,
antennas and ancillary facilities. For purposes of this section, amateur radio
transmission facilities and facilities used exclusively for the transmission of
television and radio signals are not "telecommunication facilities."
. Transmission tower. The monopole or lattice framework designed to
support transmitting and receiving antennas. For purposes of this section,
amateur radio transmission facilities and facilities used exclusively for the
transmission of television and radio signals are not "transmission towers."
Transmission towers include:
Gu ed tower. A tower which is supporked by the use of cables
guy wires} which are permanently anchored.
Lattice tower. A tower characterized by an open framework of
lateral cross members which stabilize the tower.
Mona ole. A single upright pole, engineered to be self
supporting and does not require lateral cross supports or guys.
~3} Sitin Restricted. No telecommunication facility, as defined in
subsection ~2} of this section, may be constructed, modifed to increase its height, installed
or otherwise located within the city except as provided in this section. Depending on the
type and location of the telecommunication facility, the telecommunication facility shall be
either an outright permitted use, subject to site review procedures, or require a conditional
use permit.
~a} 4utriaht permitted,.uses. No land use permit is required for a
telecommunication facility which, pursuant to subsections ~4}through ~6} of
this section, is an outright permitted use, Such a telecommunication facility
shall require. only a building permit or permits.
fib} Site review. A telecommunication facility which, pursuant to
subsections ~4} through ~6} of this section, is subject to site review shall be
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processed in accordance with the site review procedures of sections 9.690
to 9.694 of this code. The criteria contained in this section, as well as the
criteria contained in section 9.6SS~b}, shall govern approval or denial of the
site review application. In the event of a conflict in criteria, the criteria
contained in this section shall govern. No building permit shall be issued
priarto completion of the site review process, including any local appeal.
~c} Conditional use ermit. A telecommunication facility which,
pursuant to subsections ~5} or ~6} of this section, requires a conditional use
permit shall be processed in accordance with the conditional use permit
procedures of sections 9.696 to 9.722 of this code, except that the variance
provisions of section 9.108 shall not apply. The criteria contained in section
9.742 of this code and subsections ~8} and ~9} of this section shall govern
approval or denial of the conditions! use permit application. In the event of
a conflict in criteria, the criteria contained in subsections ~S} and ~9} of this
section shall govern. No building permit shat! be issued prior to completion
of the conditional use permit process, including any local appeal.
~4} Collocation of Additional Antennas on Existin Transmission Tower
~a} Permitted use. Collocation of an additional antenna on an
existing transmission tower shall be considered an outright permitted use if
property is zoned GG, PL, MU, SD, C-2, C-3, C-4, I-1, I-2, or I-3 or if the
transmission tower is in any other zoning district and the City specifically
approved, as part of a prior land use process authorizing the transmission
tower, collocation of additional antennas.
fib} Site review. Collocation of an additional antenna on an existing
transmission tower shall be subject to site review approval if property is
zoned AG, RA, R-~, or C-~ and approval for collocation was not granted
through a prior land use process.
~5} Collocation of Antennas on Existin Buildin s Li ht or Utilit Poles
and ~Illater Towers. In addition to collocation on a transmission tower, an antenna may
be collocated on existing buildings, light or utility poles, and water towers.
~a} Permitted use. Such collocation on a building, light or utility
pale, or water tower, shall be considered an outright permitted use provided
thatthe antennas and ancillaryfacilities complywith the standards contained
in section 9.900, the color of the antennas blends in with the existing
structure and surroundings, and one of the following is met:
~ . The property is zoned PL, C-2, C-3, C-4, R-4, I-~ , !-2,
or I-3 and the antennas do not exceed the height limitation of the
zoning district; or
2. The property is zoned AG, RA, R-~ , R-2, R-3, C-1, GG,
MU, SD, or H, and the antennas extend no more than eighteen feet
above, and project no more than two feet horizontally away from the
existing structure.
fib} Site review. Such collocation on a building, light or utility pole,
Ordinance - 3
or water tower shall be subject to site review approval provided that the
antennas and ancillary facilities comply with the standards contained in
section 9.900, the color of the antennas blend in with the existing structure
and surroundings, and:
1. The property is zoned AG, RA, R-1, R-2, R-3, C-1, GG,
MU, SD, or H, and the antennas extend more than eighteen feet
above, or project more than two feet horizontally away from the
existing structure.
~c} Conditional use ermit. In ail cases other than those listed in
subparagraphs ~a} and ~b}, such collocation shall require a conditional use
permit. No exceptions to the standards contained in sectian 9.900 shall be
permitted except as authorized by subsection X10} of this section. In no
event shall a conditional use permit authorize a tower or antennas to exceed
the height limitation for a zoning district as established by Chapter 9 except
as provided for in this section.
~6} Construction of Transmission Tower. Construction of a transmission
tower, or a modification of an existing transmission tower fio increase its height, shall be
allowed as follows:
~a} Permitted use.
1. Such construction or modification shall be considered an
outright permitted use in the C-4, I-1, I-2 and I-3 zoning districts.
2. Modification to increase the height of an existing
transmission tower shall be considered an outright permitted use in
all other districts if the City approved an increase in tower height, as
part of a prior land use process authorizing the transmission tower.
The increase in height allowed under this paragraph ~a} shall be
limited to the specific height authorized in the prior land use process.
fib} Site review. Such construction shall require site review
approval in the PL, C-2, and C-3 zoning districts.
~c} Conditional use ermit. Such construction shall require a
conditional use permit in the RA, R-1, C-1, MU, SD and GG zoning districts
~d} Prohibited zonin districts and locations. No new transmission
towershall be permitted in any zoning district not included in subparagraphs
~a} to ~c} above, including the AG, R-2, R-3, R-4, H and NR zoning districts;
or in the Ullillamette Greenway, on Gillespie Butte above the elevation of 450
feet, on the ridgeline as def ned in the South Hills Study or on Judkins Point.
~7} A lication Re uirements.
~a} Collocation of antennas. In addition to standard required
application material, an applicant for collocation of antennas shall submitthe
following information; additional application material is required, as specified
in paragraph ~c }below, for applications requiring a site review or conditional
use process:
1. A description of the proposed antennas location, design and
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height.
2. Documentation demonstrating compliance with nonMionizing
electromagnetic radiation ~NIER} emissions standards as set forth by the
Federal Communications Commission FCC} particularly with respect to any
habitable areas within the structure on which the antennas are co-locating
on or in structures directly across from or adjacent to the antennas.
3. A statement documenting that placement of the antennas is
designed to allow future collocation of additional antennas if technologically
possible.
4. Documentation that the ancillary facilities will not produce
sound levels in excess of those standards specified in subsection ~S} of this
section, or designs showing how the sound is to be effectively muffled and
reduced pursuantto those standards.
5. Plans showing the connection to utilitieslright-of way cuts
required, ownership of utilities and easements required.
6. Documents demonstrating that necessary easements have
been obtained.
1. Plans showing how vehicle access will be provided;
8. Signature of the property owners} on the application form or
a statement from the property awner~s} granting authorization to proceed
with building permit and land use processes;
9. If ancillary facilities will be located on the ground, a landscape
plan drawn to scale showing proposed and existing landscaping, including
type, spacing, size and irrigation methods.
10. Documents demonstrating that the FAA has reviewed and
approved the proposal, and the aregon Aeronautics Division has reviewed
the proposal. Alternatively, when a site review or conditional use process is
required, submit a statement documenting that notice of the proposal has
been submitted to the FAA and Oregon Aeronautics Division. The site
review or conditional use process may proceed and approval may be granted
for the proposal as submitted, subject to FAA approval. If FAA ap raval
p
requires any changes to the proposal as initially approved, then that initial
approval shall be void. Anew application will need to be submitted,
reviewed and approved through an additional site review or conditional use
process. No building permit application shall be submitted without
documents demonstrating FAAreviewand approval and ~regonAeronautics
Division review.
fib} Construction of Transmission Tower, In addition to standard
required application material, an applicant for a transmission tower shall
submit the following information; additional application material is required,
as specifed in paragraph ~c }below, for applications requiring a site review
or conditional use process:
1. A description ofthe proposed tower location, design and
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height.
Z. The general capacity of the tower in terms of the number
and type of antennas it is designed to accommodate.
3. Documentation demonstrating compliance with non-
ionizing electromagnetic radiation ~NIER} emissions standards as set
forth by the Federal Communications Commission FCC}.
4. A signed agreement, as supplied by the city, stating that
the applicant will allow collocation with other users, provided all
safety, structural, and technological requirements are met. This
agreement shall also state that any future owners or operators will
allow collocation on the tower.
5. Documentation that the ancillary facilities will not
produce sound levels in excess of those standards specified in
subsection ~8} of this section, or designs showing how the sound is to
be effectively muffled and reduced pursuant to those standards.
6. A landscape plan drawn to scale showing proposed and
existing landscaping, including type, spacing, size and irrigation
methods.
7. Plans showing the connection to utilitieslright-~of-way
cuts required, ownership of utilities and easements required.
8. Documents demonstrating that necessary easements
have been obtained;
9. Plans showing how vehicle access will be provided;
10. Signature of the property owners} on the application
form or a statement from the property owners}granting authorization
to proceed with building permit and landuse processes;
11. Documents demonstrating that the FAA has reviewed
and approved the proposal, and oregon Aeronautics Division has
reviewed the proposal. Alternatively, when a site review ar
conditional use process is required, submit a statement documenting
that notice of the proposal has been submitted to the FAA and
oregon Aeronautics Division. The site review or conditional use
process may proceed and approval may be granted for the proposal
as submitted, subject to FAA approval. If FAA approval requires any
changes tothe proposal as initially approved, then that initial approval
shall be void. Anew application will need to be submitted, reviewed
and approved through an additional site review or conditional use
process. No building permit application shall be submitted without
documents demonstrating FAA review and approval and oregon
Aeronautics Division review.
~c} Site review and conditional use ermit a lications. In addition
to the application requirements specified in paragraph ~b}above, applications
for site review or conditional use permits also shall include the following
Ordinance - 6
information:
~ . A visual study containing, at a minimum, a graphic
simulation showing the appearance of the proposed tower, antennas,
and ancillary facilities from at least five points within a three mile
radius. Such points shall be chosen by the provider with review and
approval by the planning director to ensure that various potential
views are represented.
2. Documentation that alternative sites within a radius of
at least 2000 feet have been considered and have been determined
to be technologically unfeasible or unavailable. For site reviews,
alternative sites zoned C-4, I-~ , I-2, and I-3 must be considered. For
conditional use permits alternative sites zoned PL, C-2 and C-3, C-4,
I-~ , I-2, and I-3 must be considered.
3. Evidence demonstrating collocation is impractical on
existing tall buildings, light or utility poles, water towers, existing
transmission towers, and existing tower facility sites for reasons of
structural support capabilities, safety, available space, or failing to
meet service coverage area needs,
4. A current overall system plan for the City, showing
facilities presently constructed or approved and future expansion
plans.
5. A statement providing the reasons for the location,
design and height of the proposed tower or antennas.
~S} Standards for Transmission Towers and Antennas. Installation,
construction or modifcation of all transmission towers and antennas shall comply with the
following standards, unless a variance is obtained pursuantto the provisions of subsection
~~ 0~ of this section:
~a~ Se oration between transmission towers. No transmission
tower may be constructed within 2000 feet of any pre-existing transmission
tower. Tower separation shall be measured by following a straight line from
the portion of the base of the proposed tower which is closest to the base
of any pre-existing tower. For purposes of this paragraph, a tower shall
include any transmission tower for which the city has issued a building
permit, or for which an application has been filed and not denied.
Transmission towers constructed or approved prior to February 26, ~ 99l
may be modified to accommodate additional providers consistent with
provisions for collocation in this section.
~b~ Heiaht I~mta~ion:Transmission tower heightsshall begoverned
by this section 9.900 except as provided for below. No transmission tower
shall exceed the maximum heights provided below. In no case shall a
variance be granted from the limitations of subparagraphs 1. - 4. below.
1. In any zoning district, no transmission tower shall
exceed the height limitations established for buildings and structures
~~dinance - 7
in the specified areas surrounding Skinner's Butte and Judkins Point
contained in sections 9.536~c} and ~d} of this code to pratect views
to and from Skinner's Butte and Judkins Point.
2. In any zoning district within the area east of
VIlillagillespie Road, south of Cal Young Road, west of nakway Road,
and north of Southwood Lane and Country Club Road, no
transmission tower shall exceed 75 feet in height to protect views to
and from Gillespie Butte.
3. If located within a PL, G-2, G-3, C-4, R-4, I-1,1-2 or I-3
zoning district, the height limitation, for that zoning district shall apply.
4. If located within an G-1, MU, SD ar GO zoning district,
the maximum height of a transmission tower, including antennas, is
100 feet.
5. if located within an RA or R-1 zoning district, the
maximum height of a transmission tower, including antennas, is l5
feet, unless a variance is granted pursuant to the provisions of
subsection X10} of this section. In no event shall a variance be
granted to construct such a tower in excess of 100 feet.
~c} Collocation. New transmission towers shall be designed to
accommodate collocation of additianal providers:
1. New transmission towers of a height of So feet or mare
shall be designed to accommadate collocation of a minimum of two
additional providers either outright or through future modification to
th a Lowe r.
2. New transmission towers of a height of at least 64 feet
and no more than 80 feet shall be designed to accommodate
collocation of a minimum of one additional provider either outright or
through future modification to the tower.
~d} Setback. The following setbacks from adjacent property lines
and adjacent streets shall be required unless a variance is granted pursuant
to the provisions of subsection X10} of this section:
1. If located within a PL, SD, MU, C-2, G-3, C-4, I-1, I-2, or
I-3 zoning district,. no setback from adjacent property lines shall be
required beyond that required by section 9.542 of this code or the
provisions applicable to the SD or MU districts.
2. If located within an RA, R-1, G-1, or G0 zoning district,
the transmission tower shall be set back from adjacent property lines
a minimum number of feet that is equal to the height of the
transmission tower.
3. In the RA, R-1, PL, G-1 and GG zoning districts,
transmission towers shall be set back from adjacent public streets}
a minimum number of feet that is equal to the height of the tower. In
all other zaning districts, the setback from adjacent public streets shall
~rd~nance - S
be a minimum of 25 feet.
fie} Bufferin . In all zoning districts, existing vegetation shall be
preserved to the maximum extent possible. In the C-4, I-1, I-2 and I-3 zoning
districts, na buffering is required beyond that required by section 9.542 of this
code. In all other zoning districts, landscaping shall be placed completely
around the transmission tower and ancillary facilities located at ground level
except as required to access the facility. Such landscaping shall consist of
evergreen vegetation with a minimum planted height of six feet placed
densely so as to form a screen. Landscaping shall be compatible with other
nearby landscaping and shall be kept healthy and well maintained.
~f} Noise reduction. In RA, R-1, R-2, R-3, R-4, C-1, and G0 and
in all other zoning districts when the adjacent property is zoned for residential
use or occupied by a dwelling, hospital, school, library, or nursing home,
noise generating equipment shall be sound-bufifered by means of baffling,
barriers, or other suitable means to reduce sound level measured at the
property line to 45dBa when measured in a manner consistent with section
9.644. In all other locations, noise shall be regulated consistent with section
9.644.
fig} Status of location. No permit maybe issued for the location of
anew telecommunications facility within an RA, R-1 or G-1 zoning district
unless the lot on which it is to be placed is vacant or developed with anon-
residentialuse atthe time the permit application is submitted. This restriction
does not apply within other zoning districts.
~h} Li htin . No lighting shall be permitted on transmission towers
except that required by the Federal Aviation Administration. No high
intensity white lights may be located on transmission towers in an RA, R-1
or C-1 zoning district.
~I} Co1or. The transmission towerand attached antennas shall be
unpainted galvanized steel or painted neutral colors or such shades as are
appropriate and compatible with the surrounding environment, as approved
by the city.
~} Viewshed. The transmission tower shall be located down slope
from the top of a ridgeline so that when viewed from any point along the
northern right-of-way line of 1 Sth Avenue, the tower does not interrupt the
profile of the ridgeline or Spencer's Butte. In addition, a transmission tower
shall not interrupt the profile of Spencer's Butte when viewed from any
location in Amazon Park. Visual impacts to prominent views of ~ Skinner's
Butte, Judkins Point, and Gillespie Butte shall be minimized to the greatest
extent possible. Approval for location of a transmission tower in a prominent
view of these Buttes shall be given only if location of the transmission tower
on an alternative site is not possible as documented by application materials
submitted by the applicant, and the transmission tower is limited in height to
the minimum height necessary to provide the approximate coverage the
Qrd~nance - 9
tower is intended to provide.
~k} Dis la . No signs, striping, graphics or ather attention getting
devices are permitted on the transmission tower or ancillary facilities except
for warning and safety signage with a surface area of no more than three
square feet. Such signage shall be affixed to a fence or ancillary facility and
the number of signs is limited to no more than two.
9 Standards for A ,,, .,,
~ } _ ,,, ,ncillary Facilities. All ancillary facilities shall comply with the
standards of subsections ~8}fie} and ~8}~f} of this section. In addition, all ancillary facilities
within an RA, R-1, PL, C-1 and ~~ zoning district must be located underground tv the
maximum extent technology allows, unless a variance is obtained pursuant to the
provisions of subsection X10} of this section. This restriction does not apply within other
zoning districts.
X10} Variance.
~a} Any variance to the requirements of section 9.900 shall be
granted only pursuantto the following provisions. The criteria for granting a
variance shall be limited to section 9.900, and shall not include the criteria
in 9.740.
fib} The city maygrant a variancefrom the provisions ofsubsection
~8}~a} of this section providing the applicant demonstrates that:
1, It is technologically impossible to locate the proposed
tower on available sites more than 2,000 feet from apre-existing
transmission tower and still provide the approximate coverage the
tower is intended to provide;
2. The pre-existing transmission tower that is within 2,000
feet of the proposed tower cannot be modified to accommodate
another provider; and
3. There are no available buildings, light or utility poles, or
water towers on which antennas maybe located and still provide the
approximate coverage the tower is intended to provide.
~c} The city may grant a variance to the setback and
undergrounding requirements of subsections ~8}~d} or ~9} upon finding that
stealth design, proposed landscaping, configuration of the site, or the
presence of mature trees obviates the need for compliance.
~d} The city may grant a variance to the 75 foot height limitation in
the R-1 and RA zoning districts to a maximum of 100 feet providing the
applicant demonstrates that a transmission tower taller than 75 feet will
directly eliminate the need for one or more additional transmission towers in
an RA or R-1 zoning district.
fie} if the proposed transmission tower or ancillary facility requires
site review or a conditional use permit, the request for variance shall be
considered as part of the site review or conditional use permit process, lfthe
proposed transmission tower or ancillary facility is an outright permitted use,
the request far a variance shat! be processed pursuant to section 9.732 et.
Ordinance - IO
seq.. except that the building official's decision shall be based on the criteria
in this section 9.90010}.
X11 } Removal of facilities.
~a} All transmission towers and antennas shall be removed by the
person who constructed the facility, by the person who operates the facility,
or by the property owner, within six months of the time that the facilities have
ceased being used to transmit, receive or relay voice and data signals to or
from wireless communication devices. The city manager may grant asix-
month extension where a written request has been filed, within the initial six-
month period, to reuse the tower or antennas.
fib} If a transmission tower is located within an RA, R-1, PL, C-1
or GO zoning district, the provisions of subparagraph ~a} also shall apply to
the tower substructure and all above ground ancillary facilities.
~c} The city may require the posting of an open ended bond before
building permit issuance to insure removal of the transmission tower,
substructure or antennas after the facility no longer is being used.
X12} Fees. Notwithstanding any other provision of this code, the city
manager may require, as part of application fees for building or land use permits for
telecommunication facilities, an amount sufficient to recover all of the city's costs in
retaining consultants to verify statements made in conjunction with the permit application,
to the extent that verification requires telecommunications expertise.
Section 3. The City Recorder, at the request of, or with the concurrence of the City
Attorney, is authorized to administratively correct any reference errors contained herein or
in other provisions of the Eugene Code, 19?1, to the provisions added, amended or
repealed herein.
Section 4. The findings set forth in Exhibit A attached hereto and incorporated
herein by reference are hereby adopted in support of the foregoing amendments to the
Eugene Code, 1971.
Section 5. That the matters contained herein concern the public health, welfare and
safety and therefore, an emergency is hereby declared to exist, and this Ordinance shall
become effective immediately upon its passage by the City Council and approval by the
Ordinance -11
Mayor, retention by the Mayor for more than ten days, or readoptivn over a mayoral veto
bytwo-thirds of all members of the City Council.
Passed by the City Council this
26th day of February, X991
Approved by the Mayor this
26th day of February, ~ 99l
~. ~ - ~
~.
City Recor er Mayor
ordinance -12
Exhibit A
Findings in Support of the ordinance Amending the Eugene Code, Chapter 9 to
Address Telecommunication Facilities.
The City Council finds that the code amendment as described in the attached ordinance
is consistent with adopted plans and Oregon's Statewide Planning Goals and Guidelines
as follows.
Goal 1-Citizen Involvement
To develop a citizen involvement program that ensures the opportunity for citizens
to be involved in all phases of the planning process.
The public notification process for the amendments to Chapter 9 of the Eugene Code to
address telecommunication facilities exceeded the established requirements in the Eugene
Code for public notification. An interested parties list consisting of approximately 180
people was compiled. This list included interested parties from the moratorium on
telecommunication towers, the conditional use applications that were exempted from the
moratorium, and others who contacted staff or testified at the various public hearings
conducted on telecommunications related issues overthe pastsix months. The interested
parties list received numerous mailings including preliminary concepts for the code
amendments, the ordinance in draft form, a Planning Commission public hearing notice,
notice of Planning Commission decision and a copy of the draft ordinance as
recommended by the Commission, and notice of the City Council public hearing.
Goal 2 ~ Land Use Planning
To establish a land use planning process and policy framework as a basis of all
decisions and action related to use of land and to assure an adequate factual base
for such decisions and actions.
This code amendment was processed consistent with the adopted amendment procedures
in the Eugene Code Sections 9.1130 - 9.1136. Consistent with the amendment
procedures, this amendment was processed through the Eugene Planning Commission.
The Planning Commission conducted a study session on the proposed amendment and
a public hearing before forwarding a unanimous recommendation to the Eugene City
Council to approve the ordinance to amending the code to address telecommunication
facilities. The Eugene City Council conducted a study session and a public hearing on the
ordinance before taking action to approve the ordinance.
Exhibit A to Ordinance 20078 - t
Goal 3 - A ricultural Lands
To preserve and maintain agricultural lands.
To preserve and maintain agricultural landswithin the urban growth boundary until the are
y
needed for urban development, this amendment prohibits the location of
telecommunications facilities on agriculturally zoned land. All agriculturally zoned lands
within the urban growth boundary are designated for a future urban use. Prohibiting the
siting of telecommunication facilities will prevent the premature development of these lands
in a manner that is not consistent with the Metro Plan.
Goal 4 -Forest Lands
To conserve forest lands for forest uses.
There are no forest lands or areas designated or zoned for forest use that are affected by
this amendment.
Goal 5 - D en S aces Scenic and Historic Areas and Natural Resources
To conserve open space and protect natural and scenic resources.
The telecommunicationsordlnance prohibits newtelecommunicationstowers inthe historic
and natural resource zoning districts. In addition, towers on prominent natural features
including the ridgeline, Gillespie Butte, and Judkins Point are prohibited.
Goal 6 -Air. Water and Land Resource Qualitx
To maintain and improve the quality of the air, water, and land resources of the
state.
The telecommunications ordinance does not directly impact the quality ofthe air, water, or
land resources of the state. Telecommunication facilities do not require staff to be on-site,
therefore no wastewater discharge will be produced by these sites. The ordinance requires
that the telecommunications providers submit documentation to the City verifying that
emissions produced by the telecommunication facility do not exceed the limits established
by the Federal Communications Commission.
Goal 7 -Areas Sub'ect to Natural Disasters and Hazards
To protect life and property from natural disasters and hazards.
The telecommunications ordinance does not directly deal with the protection of life and
Exhibit A to Crdinance 20078 - 2
property from natural disasters and hazards. As part of the normal building permit review,
information on structural stability, the ability of a tower to withstand wind, and information
on soils will be required as necessary to ensure public safety.
Goal S -Recreational Needs
To satisfy the recreational needs of the citizens of the state and visitors and, where
appropriate to provide for the siting of necessary recreational facilities, including
destination resorts.
The telecommunications ordinance provides for a site review process before
telecommunication facilities can be located on land zoned Public Land. The proposed
location of a telecommunication facility on Public Land would require a finding that the
facility is compatible with surroundings which could include athletic f elds, playgrounds, or
passive recreation areas.
Goal 9 -Economic Develo ment
To diversify and improve the economy of the state.
The telecommunications ordinance recognizes the need for telecommunication systems,
operated by a variety of providers, to be constructed in Eugene. The ordinance
encourages the location of telecommunication facilities in preferred areas by creating a
streamlined process for siting transmission towers in industrial and commerciallindustrial
areas. In areas of the community where location of such facilities will have a greater
impact, such as low density residential areas, additional opportunities for city review and
public input are provided. The ordinance establishes reasonable restrictions on the siting
of telecommunicationlacilities and establishes standards forthe design of those facilities.
The ordinance ensures that all telecommunication providers are treated equally.
Goal ~ 0 -Housing
To provide for the housing needs of citizens of the state.
The telecommunications ordinance encourages the location of telecommunication facilities
in zoning districts other than residential districts through a tiered review process. In the
event that a telecommunications provider believes that location of a transmission tower in
a low density residential zoning district is necessary, the ordinance ensures opportunities
forpublic inputthrough the requirementforaconditional use process. The conditional use
process provides for public notice to surrounding property owners and affected
neighborhood groups and requires a public hearing.
The telecommunication ordinance establishes more restrictive standards for height,
Exhibit A to Grdinance 2oo7S - 3
setbacks, and noise for transmission towers located in low density residential districts than
for towers located in some other zoning districts. To prevent visual clutter throughout
residential neighborhoods, the ordinance requires ancillary facilities, associated with
transmission towers or located as a stand alone feature, to be placed underground to the
maximum extent that is technologically possible. The standards established by the
ordinance are intended to reduce the operational, visual, and potential nuisance impact of
telecommunication facilities on the surrounding residential neighborhood. The ordinance
provides an opportunity for a variance from some of the requirements noted above.
The telecommunications ordinance prohibits the construction of new transmission towers
in medium and high density residential districts. The supply of lands designated for
medium and high density residential use is limited. This ordinance preserves this land for
its designated use consistent with the Metro Plan, The ordinance permits collocation of
antennas on buildings, light or utility poles, or watertowers inthese districts under certain
conditions recognizing that medium and high density residential development utilizes taller
buildings providing collocation opportunities.
Goal ~ 1-Public Facilities and Services
To plan and developtimely, orderly, and efficient arrangement of publicfacilities and
service to serve as a framework for urban and rural development.
The telecommunications ordinance does not directly impact public facilities and services.
Telecommunications facilities do not require sanitary sewer or water service since no
employees are based at these facilities. These facilities are not significant traffic
generators again because no ane will be employed at the site. The telecommunications
facilities themselves are not public facilities. These facilities are privately owned and
operated by a variety of companies vying for a market share in the highly competitive
telecommunications business.
Goal 12 -Trans ortation
To provide and encourage a safe, convenient, and economic transportation system.
The telecommunications ordinance does not relate directly to transportation. The
telecommunications facilities do not require on-site staff to operate the facility.
Telecommunications staff anticipate visiting the site one to two times per month for
maintenance and security checks.
Goal ~ 3 - Eneray Conservation
To conserve energy,
Exhibit A to Ordinance 20075 - 4
The telecommunications ordinance provides opportunities for the location of
telecommunication facilities throughout the City of Eugene. By providing forthe buildout
of a telecommunications system throughout the community, this ordinance promotes
energy conservation through the potential for reduced automobile trips resulting from
increasing opportunities for "doing business,"whetherthatbusiness iswork-related, home-
related orschool-related, from the home.
Goal ~4 -Urbanization
To provide for an orderly and efficient transition from rural to urban land use.
The telecommunicationsordinance providesforan orderly and efficienttransition from rural
to urban land use by prohibiting telecommunication facilities on agriculturally zoned land.
This ensures that land is reserved for its designated use consistent with the Metro Plan and
any applicable refinement plan,
Goal ~5 - Willamette_River Greenway
To protect, conserve, enhance, and maintain the natural, scenic, historical,
agricultural, economic, and recreational qualities of land along the Uvillamette River
Greenway.
The telecommunications ordinance prohibits new telecommunications towers within the
vllillamette River Greenway to protect, conserve, enhance, and maintain the natural,
scenic, historical, agricultural, economic, and recreational qualities of this [and.
Goals 16 through ~ 9: These goals address coastal lands and features or ocean resources
and are not applicable to this code amendment.
Exhibit A ~o Urdinance 20078 - 5