3.7.500 Review Process and Approval Standards

3.7.500 Review Process and Approval Standards.

A. Type I Process. The following facilities are allowed with the approval of a Wireless or Broadcast Communication Facility Site Plan pursuant to a Type I process under BDC Chapter 4.1, Development Review and Procedures:

1. Stealth and Low Visibility Facilities.

a. Small wireless facilities proposed in the public right-of-way or in a public utility easement on an existing or replacement utility or light pole, so long as they meet all of the following:

i. The facilities:

(A) Are mounted on existing or replacement structures 50 feet or less in height including their antennas; or

(B) Are mounted on existing or replacement structures no more than 10 percent taller than other adjacent structures; or

(C) Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater.

ii. Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume.

iii. All other wireless equipment associated with the facility, including the wireless equipment associated with the antenna and any preexisting associated equipment on the facility, is no more than 28 cubic feet in volume.

iv. The facilities do not result in human exposure to radio frequency radiation in excess of the applicable FCC safety standards.

v. Comply with Part II, Section 8 of the City of Bend Standards and Specifications when located in the public right-of-way or public utility easement.

b. Small wireless facilities proposed on private property on an existing or replacement utility pole, light pole or structure, so long as they meet all of the following:

i. The facilities do not exceed the height limits of the underlying zone or as otherwise authorized by Federal law.

ii. Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume.

iv. The facilities do not result in human exposure to radio frequency radiation in excess of the applicable FCC safety standards.

v. Comply with Part II, Section 8 of the City of Bend Standards and Specifications.

3. Facade-mounted antennas or low-powered networked telecommunications facilities, such as those employing microcell antennas, integrated into the architecture of an existing building in such a manner that no change to the architecture is apparent and no part of the facility is visible to public view.

4. Antennas or arrays that are hidden from public view through the use of architectural treatments, e.g., within a cupola, steeple, or parapet which is consistent with the applicable building height limitation.

5. New antennas or arrays that are attached to an existing broadcast communication facility located in any zone; provided, that they do not exceed the following “safe harbor” parameters:

a. Side-mounted antennas.

b. Small top-mounted antennas. No more than three small top-mounted antennas can be placed on the top of any one broadcast communication facility without a Type II review.

6. To minimize adverse visual impacts associated with the proliferation and clustering of towers, co-location of antennas or arrays on existing towers takes precedence over the construction of new towers, provided such co-location is accomplished in a manner consistent with the following:

a. An existing tower may be modified or rebuilt to a taller height to accommodate the co-location of additional antennas or arrays, as long as the modified or rebuilt tower will not exceed the height limit of the applicable zoning district. The height change may only occur one time per tower.

b. An existing tower that is modified or reconstructed to accommodate the co-location of additional antennas or arrays must be of the same tower type and reconstructed in the exact same location as the existing tower.

B. Type II Process. The following facilities are allowed with the approval of a Wireless or Broadcast Communication Facility Site Plan pursuant to a Type II process under BDC Chapter 4.1, Development Review and Procedures:

1. High visibility facilities located on any property designated as Commercial, Industrial, Public Facilities, or Mixed-Use on the Bend Comprehensive Plan Map and at least 500 feet from any property designated as Residential on the Bend Comprehensive Plan Map.

2. Moderate visibility facilities that do not exceed the height limit of the applicable zone.

3. New antennas or arrays that are attached to an existing broadcast communication facility located in any zone which exceed the “safe harbor” parameters of subsection (A)(5)(a) or (b) of this section.

4. Small wireless facilities that exceed the thresholds in BDC 3.7.500(A)(2).

C. Conditional Use Permit Requirements. Applications for wireless or broadcast communication facilities in all other locations and situations including moderate or high visibility facilities that exceed the height limit of the applicable zone also require a Conditional Use Permit (Type II process). In addition to the approval standards in BDC Chapter 4.4, Conditional Use Permits, the applicant must demonstrate that the Wireless or Broadcast Communication Facility Site Plan approval standards in subsections (D)(2) through (5) of this section are met.

D. Approval Criteria. The City may approve the use and Wireless or Broadcast Communication Facility Site Plan for any of the facilities listed in subsections (B) and (C) of this section upon a determination that the following criteria are met:

1. The height of the proposed tower or facility does not exceed the height limit of the underlying zoning district, or does not increase the height of an existing facility.

2. The location is the least visible of other possible locations and technological design options that achieve approximately the same signal coverage objectives.

3. The location, size, design, and operating characteristics of the proposed facility will be compatible with adjacent uses, residences, buildings, and structures, with consideration given to:

a. Scale, bulk, coverage and density;

b. The harmful effect, if any, upon neighboring properties;

c. The suitability of the site for the type and intensity of the proposed facility; and

d. Any other relevant impact of the proposed use in the setting where it is proposed.

4. All required public facilities have adequate capacity, as determined by the City, to serve the proposed wireless or broadcast communication facility.

5. The proposed wireless or broadcast communication facility complies with all of the general regulations contained in BDC 3.7.400.

6. Small wireless facilities must comply with Part II, Section 8 of the City of Bend Standards and Specifications.

E. Conditions of Approval. The City may impose any other reasonable condition(s) deemed necessary to achieve compliance with the approval standards, including designation of an alternate location, or if compliance with all of the applicable approval criteria cannot be achieved through the imposition of reasonable conditions, the application must be denied.

F. Time Frame for Review. Within the time limits imposed by State or Federal law, less any time period that may be excluded by State or Federal law, the Review Authority must approve the application unless the Review Authority determines that the application is not covered by this chapter or does not comply with applicable standards. [Ord. NS-2328, 2019; Ord. NS-2271, 2016; Ord. NS-2251, 2015; Ord. NS-2158, 2011; Ord. NS-2016, 2006]