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A. Purpose and Intent. The purpose of this section is to establish standards that regulate the placement, appearance and impact of wireless communication facilities, while providing residents with the ability to access and adequately utilize the services that these facilities support. Because of the physical characteristics of wireless communication facilities, the impact imposed by these facilities affects not only the neighboring residents, but the community as a whole. The standards are intended to ensure that the visual and aesthetic impacts of wireless communication facilities are mitigated to the greatest extent possible.

B. All wireless communication facilities, towers or antennas shall meet the following:

1. For existing facilities, a request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of the tower or base shall not be denied (47 USC § 1455, Wireless Facilities Deployment, 2012). These modifications are limited to the following:

a. Collocation of new transmission equipment;

b. Removal of transmission equipment; or

c. Replacement of equipment.

2. All facilities shall be installed and maintained in compliance with the requirements of the building code. At the time of building permit, the applicant shall provide written statements from the Federal Aviation Administration (FAA), the Aeronautics Section of the Oregon Department of Transportation, and the Federal Communication Commission that the proposed wireless communication facility complies with regulations administered by that agency, or that the facility is exempt from regulation.

3. Strobe lighting is prohibited. Therefore, any facility that requires such illumination is prohibited. If federal regulations require strobe lighting and an alternative is possible, the alternative shall be used.

4. All facility applications shall contain documentation showing that the emissions of the proposed facility, and the cumulative emissions of this facility and any collocated or nearby facilities, shall meet the occupational/controlled and general population/uncontrolled electromagnetic radiation emission standards established by the Federal Communications Commission (FCC), 47 CFR 1.1310.

5. Prior to construction of a wireless communication facility the owner/operator shall provide a deposit to the city of Talent for the estimated cost of removal and disposal of the facility and equipment as well as give consent to allow city to enter the property.

6. If a wireless communication facility ceases to be operational the owner/operator has six months to decommission the facility. The community development director may grant a six-month extension to this requirement. Requests for extensions must be in writing and must be received by the community development director within the initial six-month period. The property owner shall bear the ultimate responsibility for removal of decommissioned facilities. If the facility is not decommissioned within one year, the city of Talent shall decommission the facility and the owner/operator shall forfeit the deposit and shall be billed for any remaining balance.

7. Any application to locate an antenna on a building or structure located in the Old Town design review district shall be subject to review by the Talent architectural review committee.

C. Type II Review. Wireless communication antennas are permitted in all zones but limited to existing facilities within the public right-of-way in any zone designated residential under Type II site plan review application provided the following conditions are met:

1. The antenna must be mounted on another structure allowed in the zone, such as a rooftop, light pole, or utility pole, and blend in architecturally with the structure to which it is attached.

2. Any equipment associated with an antenna must be located within the exterior walls of the building to which the antenna is attached or it must be screened from view of the public right-of-way and any adjacent property by an opaque hedge or fence five to six feet high and of a design appropriate to the building or neighborhood. If the equipment is located on the roof it must be set back and screened so that it is not within public view or it must appear to be part of the building.

3. A photo of the antenna at a similar installation, including a photo montage that includes the antenna within the surrounding area.

D. Conditional Use Permits. Wireless communication towers are allowed subject to the provisions of Chapter 18.155 TMC. [Ord. 817 § 8-3J.910, 2006.]