Skip to main content
Loading…
This section is included in your selections.

All applications for wireless and broadcast communication facilities are subject to the following requirements and regulations:

A. Maximum Number of High Visibility Facilities per Lot or Parcel. No more than one high visibility facility is allowed on any one lot or parcel. The Planning Commission may approve exceeding the maximum number of high visibility facilities per lot or parcel if one of the following findings is made through a Type III review process: (1) co-location of additional high visibility facilities is consistent with neighborhood character, (2) the provider has shown that denial of an application for additional high visibility facilities would have the effect of prohibiting service because the facility would fill a significant gap in coverage and no alternative locations are available and technologically feasible, or (3) the provider has shown that denial of an application for additional high visibility facilities would unreasonably discriminate among providers of functionally equivalent services. In such cases, the Planning Commission is the review authority for all related applications (e.g., Wireless or Broadcast Communication Facility Site Plan, Conditional Use Permit).

B. Towers Adjacent to Residentially Designated Property. In order to ensure public safety, all wireless and broadcast communication towers located adjacent to any property designated as Residential on the Bend Comprehensive Plan Map must be set back from all residential property lines by a distance at least equal to the height of the facility, including any antennas or other appurtenances. The setback is measured from that part of the tower that is closest to the neighboring residentially designated property.

C. High visibility facilities require a Conditional Use Permit on any property designated as Residential on the Bend Comprehensive Plan Map, or designated Public Facilities (PF) on the Bend Comprehensive Plan Map but developed as a residential subdivision.

D. Historical Buildings and Structures. No facility is allowed on any building or structure, or in any district, that is listed on any Federal, State or local historical register unless it is determined by the Review Authority that the facility will have no adverse effect on the appearance of the building, structure, or district. No change in architecture and no high visibility facilities are permitted on any such building, any such site, or in any such district.

E. Equipment Location. No tower or equipment can be located in a front, rear, or side yard setback in any zone, and no portion of any antenna array can extend beyond the property lines. For guyed towers, all guy anchors must be located at least 50 feet from all abutting properties.

F. Tower Heights. Towers may exceed the height limits otherwise provided for in the Development Code. However, all towers greater than the height limit of the underlying zone require a Conditional Use Permit application (Type II process).

1. Exemption to Conditional Use Permit.

a. Type I small wireless facilities in the public right-of-way or in a public utility easement on an existing or replacement utility or light pole.

G. Accessory Building Size. All accessory buildings and structures built to contain equipment accessory to a wireless or broadcast communication facility may not exceed 12 feet in height unless a greater height is necessary and required by a condition of approval to maximize architectural integration. Each accessory building or structure located on any property designated as Public Facilities or Residential on the Bend Comprehensive Plan Map is limited to 200 square feet, unless approved through a Conditional Use Permit.

H. Visual Impact. All facilities must be designed to minimize the visual impact to the greatest extent practicable by means of placement, screening, landscaping, and camouflage. All facilities must also be designed to be compatible with existing architectural elements, building materials, and other site characteristics. The applicant must use the least visible antennas reasonably available to accomplish the coverage objectives. All high visibility facilities must be sited in such a manner as to cause the least detriment to the viewshed of adjoining properties, neighboring properties, and distant properties.

1. Exemption.

a. Small wireless facilities on an existing or replacement utility pole, light pole or structure.

I. Colors and materials for facilities must be nonreflective and chosen to minimize visibility. Facilities, including support equipment and buildings, must be painted, colored or textured using colors to match or blend with the primary background, unless required by any other applicable law.

J. All camouflaged facilities must be designed to visually and operationally blend into the surrounding area in a manner consistent with existing development on adjacent properties. The facility must also be appropriate for the specific site. In other words, it should not “stand out” from its surrounding environment.

K. Facade-mounted antennas must be architecturally integrated into the building design and otherwise made as unobtrusive as possible. If possible, antennas should be located entirely within an existing or newly created architectural feature so as to be completely screened from view. Facade-mounted antennas must not extend more than two feet out from the building face.

L. Roof-mounted antennas must be constructed at the minimum height possible to serve the operator’s service area and be set back as far from the building edge as possible or otherwise screened to minimize visibility from the public right-of-way and adjacent properties.

M. Compliance with Photo Simulations. As a condition of approval and prior to final inspection of the facility, the applicant must submit evidence, such as photos, to the satisfaction of the City sufficient to prove that the facility is in substantial conformance with photo simulations provided with the application. Nonconformance requires modification to compliance within 90 days or the structure must be removed.

N. Noise from any equipment supporting the facility must meet the requirements of BC Chapter 5.50, Noise.

O. No signs, striping, graphics, or other attention-getting devices are permitted on any wireless or broadcast communication facility except for warning and safety signage with a surface area of no more than three square feet. Signs must be affixed to a fence or ancillary facility and limited to no more than two signs unless more are required by law.

P. Traffic Obstruction. Maintenance vehicles servicing facilities located in the public or private right-of-way cannot park on the traveled way or in a manner that obstructs traffic.

Q. No net loss in required parking spaces can occur as a result of the installation of any wireless or broadcast communication facility.

R. Sidewalks and Pathways. Cabinets and other equipment must not impair pedestrian use of sidewalks or other pedestrian paths or bikeways on public or private land and must be screened from view.

S. Lighting. Wireless or broadcast communication facilities cannot include any beacon lights or strobe lights, unless required by the Federal Aviation Administration (FAA) or other applicable authority. If beacon lights or strobe lights are required, the Review Authority shall review the available alternatives and approve the design with the least visual impact. All other site lighting for security and maintenance purposes must be shielded and directed downward, and must comply with the outdoor lighting standards in BDC 3.5.200, unless otherwise required under Federal law.

T. Speculation. No application can be accepted or approved for a speculation tower, i.e., from an applicant that simply constructs towers and leases tower space to service providers, but is not a service provider, unless the applicant submits a binding written commitment or executed lease from a service provider to utilize or lease space on the tower. [Ord. NS-2328, 2019; Ord. NS-2271, 2016; Ord. NS-2251, 2015; Ord. NS-2158, 2011; Ord. NS-2016, 2006]