members requested information on radio frequency emissions. The City may not regulate the placement, construction, modification of wireless communication facilities on the basis
the environmental effects
radio frequency emissions to the extent that such facilities comply with the Federal Communications Commission's (FCC's) regulations concerning such emissions. The FCC's document,
A Local Government Official s Guide
Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance,
included as Exhibit F and answers to frequently asked questions from the FCC website are included as Exhibit
Staff Recommendations for Revisions Prior to Adoption
Subsequent to the Planning Commission recommendation, staff received additional information regarding several provisions
the proposed ordinance, which includes public testimony and advice from the City's consultant. As a result
this information, staff has made several modifications to the proposed amendments as shown
the engrossed ordinance (Exhibit H). The following are the most notable.
1 Third party review
The proposed Ordinance would allow the City to charge the applicant a fee to cover costs for the City to retain a consultant to review technical evidence submitted for an adjustment or for a new support tower
a residential, public, mixed-use, or overlay zone.
order to respond to concerns raised subsequent to the Planning Commission recommendation regarding the technical justification to locate wireless facilities nearer to residential areas, staff recommends expanding the possible third party review provision to new support towers within 300 feet of residential zones.
Auxiliary support equipment development standards
Staff recommends requiring auxiliary support equipment to be placed underground where all other utilities are required to be placed underground.
3 Provisions referring to capacity
Staff recommends removing terms referring to capacity or capacity objectives because the terms are not defined and use
the terms would make administration difficult. Those terms had been added at the request
representatives ofT-Mobile, the Northwest Wireless Association, AT T, and Verizon.
Consistency with the Salem Area Comprehensive Plan
The Salem Area Comprehensive Plan (SACP)
the long-range plan for guiding development
the Salem urban area. The SACP requires that all zoning ordinances be consistent with and support the Comprehensive Plan. Because the proposed amendments make changes to the City's regulations for wireless communications facilities, the proposed amendments must therefore conform to and comply with the applicable goals and policies
the Comprehensive Plan. The proposed code amendment is consistent with and supportive
the goals and polices
the SACP as described below.
Ordinance 24-13 (Wireless Code Amendment) Page 3 January 13, 2014