247-22-000912-TA - Amateur (HAM) Radio Text Amendments

Proposal Summary

The primary purpose of the amendments is to streamline the review process for Amateur (HAM) Radio Facilities under 70 feet, and clarify requirements for all Amateur Radio Facilities in the Deschutes County Code.

Deschutes County Code Section 18.116.290, the code section regulating Amateur Radio Facilities, currently contains ambiguous language regarding requirements for land use review. The current language is unclear regarding the type of land use review application needed and requires written statements of compliance from Oregon Department of Aviation (ODAV), Federal Communications Commission (FCC), and Federal Aviation Administration (FAA), which are often difficult to acquire for smaller facilities.

Staff is proposing the following revisions to clarify the land use process and requirements for these facilities:

• General cleanup of language and organization
• Cross-references requirement from 18.120.040(A)(1) that limits height to 30 feet in Airport Safety (AS), Airport Development (AD), and Landscape Management (LM) zones for clarity.
• Added two tiers of regulations based on height
  • For facilities under 70 feet
    • Streamline review process – allowed as outright permitted accessory use
    • No formal determination of written compliance from FAA, ODAV, FCC
    • Maintains aesthetic and setback requirements
  • For facilities between 70 and 200 feet
    • Explicitly requires land use review
    • Maintains requirement for coordination with FAA, ODAV, FCC
    • Maintains aesthetic and setback requirements
    • General aesthetic standards continue to apply

Proposal Status

The Planning Commission held a public hearing on January 12, 2023 and closed the oral and written records at that time. The Planning Commission deliberated and voted to recommend approval of the amendments to the Board of County Commissioners on January 24, 2023. The Board of County Commissioners will conducted the second hearing for the amendments, voted to approve the amendments, and conducted first reading on February 15, 2023. Second reading to finalize adoption was held on March 1, 2023, the amendments will go into effect on May 30, 2023.

Staff Contact

Nicole Mardell, AICP, Senior Planner
Nicole.Mardell@deschutes.org
(541) 317-3157