A. Siting Prioritization:
1. All wireless telecommunication facilities shall be sited in accordance with the following priorities, in order of preference:
a. Collocation by placement of antenna or other transmission and reception devices on an existing tower, building or other structure such as a utility pole or tower, water tank or similar facility.
b. Use of alternate technology whereby transmission and reception devices are placed on new or existing structures which are consistent in height with and sited similarly to types normally found in the surrounding area, such as telephone, electrical, or light poles.
c. Siting of a new tower in a visually subordinate manner. As used in this subsection "visually subordinate" means the relative visibility of a wireless telecommunication facility where that facility does not noticeably contrast with the surrounding landscape. Visually subordinate facilities may be partially visible, but not visually dominant in relation to their surroundings as viewed from residences, highways and other vantage points.
d. Siting of a new tower in a visually dominant location, but employing concealment technology. As used in this subsection a "concealment technology" means technology through which a wireless telecommunication facility is designed to resemble an object present in the natural environment or to resemble a building of a type typically and customarily found in the area.
e. Siting of a new tower in a visually dominant manner without employing concealment technology.
B. Height, Setback And Access Requirements:
1. Wireless telecommunication facilities shall be limited to the height necessary to provide the service.
2. Notwithstanding the setback requirements in the zone in which the facility is to be located, the following setbacks apply. Telecommunications towers shall be:
a. Set back from the property line at least the height of the tower plus ten percent (10%). A "tract" (contiguous property under the same ownership) shall be considered a single parcel for purposes of setbacks.
b. Except as provided in subsection B2b(1) of this section, the plot leased by the licensed carrier for the wireless telecommunication facility shall be at least six hundred feet (600') from residences and schools not on the applicant's tract, or as far away from nearby residences and schools as it is sited from the closest dwelling on the applicant's tract.
(1) A facility may be sited closer to a school when the school district makes a request and demonstrates the facility is necessary for educational purposes.
C. Construction Standards:
1. The following construction standards shall apply to all new or replacement telecommunication facilities:
a. No lighting of wireless telecommunication facilities is allowed, except as required by the federal aviation administration, Oregon department of aviation or as a condition of approval by the Malheur County planning commission.
b. Based on the existing conditions and vegetation at the proposed site, the wireless telecommunication facility shall be constructed or surfaced with materials to reduce visibility of the facility by the use of nonreflective materials that minimize glare and blend the structure into the surrounding environment.
c. Antenna(s) and associated equipment located on the same structure as the antenna shall be surfaced in a nonreflective material color to match the structure on which it is located.
d. Warning and safety signs, up to three (3) square feet in area, are allowed. All other signs are prohibited.
e. Equipment areas must be enclosed by a chainlink fence or equivalent with or without slats for screening.
f. Nothing in this subsection preempts the coloring requirements of the federal aviation administration or the Oregon department of aviation.
D. Application Requirements:
1. All new or replacement wireless telecommunication facilities proposed on lands, other than those under ORS 215.283(1)(d) or prohibited under this section, shall be reviewed as a conditional land use action and subject to the application requirements in section 6-6-5 of this chapter, this section and applicable provisions of ORS 215.296.
2. Conditional use applications for new or replacement wireless telecommunication facilities will be accepted only from carriers licensed by the federal communications commission or from authorized agents of licensed carrier.
3. All new or replacement wireless telecommunication facilities proposed on lands where they are a permitted use under ORS 215.283(1)(d) are subject to the application requirements in section 6-6-5 of this chapter and this section.
4. All new or replacement wireless telecommunication facilities proposed on lands where they are a permitted use under ORS 215.283(1)(d) must demonstrate the facility is necessary in accordance with ORS 215.275 and OAR 660-033-0130 16(a).
5. The collocation of a wireless telecommunication facility on an existing structure or building is not subject to the application process specified in this section or section 6-6-5 of this chapter. However, the applicant must submit to the planning director a letter of intent to collocate, pay applicable fees, and receive a letter of authorization from the director.
6. In addition to the application procedures specified in section 6-6-5 of this chapter, applications for wireless telecommunication facilities shall include:
a. A location map showing:
(1) The applicant's proposed facility site;
(2) Other sites in the vicinity evaluated for the proposed facility; and
(3) Other similar existing facilities in the area.
b. A photographic simulation showing how the facility will appear on the landscape.
c. A site specific study of the wireless telecommunication facility identifying the proposed color and surfacing of the facility and associated fixtures.
d. Technical information reasonably justifying the need to locate the proposed facility in the requested location.
e. Documentation from the federal aviation administration, the Oregon department of aviation, the federal communications commission and any other local or state agency with jurisdiction that the tower has been reviewed and is not determined to be a hazard to life, health or property if constructed as proposed.
7. At any time during the application process, the planning director may request any additional information relevant to the construction of the wireless telecommunication facility.
8. All applications for wireless telecommunication facilities shall be heard before the Malheur County planning commission.
E. Permit Renewal And Expiration Requirements:
1. Permit renewal is based on:
a. The applicant submitting documentation that the wireless telecommunication facility is in compliance with nonionizing electromagnetic radiation (NIER) emission standards as established by the federal communications commission (FCC);
b. Demonstration that the wireless telecommunication facility was constructed and placed into service within one year of issuance of the final approval by the county; and
c. Demonstration that the wireless telecommunication facility has been used as such for a period of one year.
2. If the wireless telecommunication facility is not in compliance with this section, all facilities shall be removed. The property owner shall bear the ultimate responsibility for removal of the facilities. After the county makes a determination of discontinued or nonuse, the property owner shall, within six (6) months, complete removal operations.
F. Performance: The county will require a performance bond not to exceed ten thousand dollars ($10,000.00) from the applicant to provide for removal of a wireless telecommunication facility should the facility be nonoperational for a period of one year.
G. Exclusions:
1. Wireless telecommunication facilities shall not be permitted in land use zones designated rural residential (R-1), rural service center (RSC), and airport approach overlay (AA).
2. This section does not apply to commercial and public radio and television transmission towers. (Ord. 146, 4-14-2004)