This chapter, including all subsequent amendments hereto and codifications hereof, may be referred to as the BELLEVUE WIRELESS COMMUNICATION FACILITIES ORDINANCE or as the BELLEVUE WCF ORDINANCE for purposes of reference in any ordinance, resolution or public notice of the City. (Ord. 2001-09, 6-14-2001)

   A.   The unique small town character, landscapes, scenic vistas, and aesthetic values of the City are among its most valuable assets. Preserving and promoting those assets is, in the long range, to protect and preserve the social and economic well-being of the City and its inhabitants and the community values as expressed in the Comprehensive Plan and land use ordinances of the City. Protecting these assets and values requires sensitive placement and design of wireless communication facilities ("WCFs"), including, but not limited to, personal wireless communication facilities so that such facilities remain in scale and harmony with and do not adversely impact the existing unique character of the City.

   B.   This chapter is intended to provide reasonable standards and procedures for the development, placement, construction and modification of WCFs that will serve the inhabitants, traveling public, service providers, and others within the City in order to:

      1.   Encourage location, construction, operation, maintenance and modification of appropriate WCFs within the City and the provisions of WCF service to the inhabitants of and traveling public in the City.

      2.   Preserve the small town character, viability and property values of areas which are in close proximity to WCFs by minimizing the adverse impacts thereof and by protecting the public safety with regard to such facilities through careful placement, design, construction, modification and screening thereof.

      3.   Provide the development, placement, construction and modification of WCFs compatible in appearance with the allowed uses of the underlying zoning district in which such facilities are placed.

      4.   Facilitate the City's permitting process to encourage fair and meaningful competition and extend to all people in all areas of the City wireless communication services at reasonable costs to promote the public welfare.

      5.   Encourage WCFs that have the least impact on and the greatest compatibility with the character of the City, surrounding land uses and the general public health, safety and welfare thereof.

      6.   Encourage joint use, clustering and concealment of antenna sites, when and where appropriate.

      7.   Preserve the aesthetic values and the small town character of the City, the quality of life enjoyed by inhabitants and visitors alike, and preserve and promote the local tourist industry which is dependent thereon.

      8.   Protect the health, safety and welfare of persons living or working in the area surrounding such WCFs from possible adverse impacts (within the confines of the Federal Telecommunications Act of 1996) relating to the placement, construction or modification of such facilities. (Ord. 2001-09, 6-14-2001)

The placement, use or modification of any WCF within the City is subject to the provisions of this chapter. (Ord. 2001-09, 6-14-2001)

For the purposes of this chapter, the following terms shall have the meanings ascribed to them in this section:

ABOVE GROUND LEVEL (AGL): The actual height of the WCF from the ground to highest part of the mount or antenna or support structure, whichever is higher.

ACOUSTICAL ENGINEER: A professional engineer with demonstrated education, accreditation and experience to perform and certify noise measurements.

ANTENNA: Any exterior apparatus designed for telephonic, radio or television communications through the sending and/or receiving of electromagnetic waves including equipment attached to a tower or building for the purpose of providing personal wireless services. Antennas include the following types:

   A.   Omni-Directional (Or Whip) Antenna: Receives and transmits signals in a three hundred sixty degree (360°) pattern, and is up to fifteen feet (15') in height and up to four inches (4") in diameter.

   B.   Directional (Or Panel) Antenna: Receives and transmits signals in a directional pattern typically encompassing an arc of one hundred twenty degrees (120°).

   C.   Parabolic (Or Dish) Antenna: A bowl shaped device that receives and transmits signals in a specific directional pattern.

   D.   Ancillary Antenna: An antenna that is less than twelve inches (12") in its largest dimension and that is not directly used to provide personal wireless communication services. An example would be a global positioning satellite antenna (GPS).

   E.   Other: All other similar transmitting or receiving equipment.

APPLICANT: The person or entity that submits an application under this chapter for a WCF permit and shall include both the owner of the real property upon which the WCF is proposed for location and the owner of the proposed WCF.

BELLEVUE: The City of Bellevue, Idaho.

BUILDING: Any permanent structure built for the shelter or enclosure of persons, animals, chattels or property of any kind, which:

   A.   Is permanently affixed to the land; and

   B.   Has one or more floors and a roof.

CAMOUFLAGE: A way of painting, texturing or mounting a WCF to reduce the visibility of the WCF by having it blend into and appear as part of a building or other surroundings or background.

CARRIER: A company that provides wireless services.

CITY: The City of Bellevue, Idaho.

CITY CLERK: The duly appointed City Clerk of the City of Bellevue, Idaho.

CITY STREET SYSTEM: The streets and alleys within the City highway system as defined in Idaho Code section 40-104(C)(1).

CO-LOCATION: The use of a single support system by more than one carrier (vertical co-location) and/or several support systems on an existing building or support structure by more than one carrier.

COMMON COUNCIL: The Common Council of the City of Bellevue, Idaho.

CONCEAL: To enclose a WCF within a building or part thereof resulting in the WCF being hidden from view from surrounding parcels of real property and public streets at ground level.

DISGUISE: To design a WCF to appear to be something other than a WCF.

EIA: The Electronic Industries Association.

EQUIPMENT ENCLOSURE: A small enclosed structure, shelter, cabinet, box or vault within which are housed batteries and electrical and other equipment for a WCF.

FAA: The Federal Aviation Administration.

FCC: The Federal Communications Commission.

FACADE ATTACHED ANTENNA: Any antenna directly attached or affixed to the elevation of a building.

FREESTANDING TOWER: A tower, except street poles and independent WCF alley poles, not physically attached to a building or structure. The tower is attached to the ground by a foundation.

FULLY AUTOMATED WCF: No on site personnel required for the daily operation of the WCF.

GOVERNMENTAL EMERGENCY SERVICES WCF: A WCF owned and operated by a governmental entity to provide noncommercial emergency services for police, fire, ambulance and/or other emergency governmental communications.

GUY WIRE: Diagonal cables utilized to tie towers to the ground or other surfaces.

HAZARDOUS SUBSTANCE: A substance (whether solid, liquid or gas) defined, listed or otherwise classified as a pollutant, hazardous waste, hazardous substance, hazardous material, or words of similar meaning or regulatory effect in any environmental law (which means any present or future Federal, State or local law, rule or regulation relating to the protection of human health and/or the environment or to any hazardous substance, including, but not limited to, the following Federal laws: the Comprehensive Environmental Response Compensation and Recovery Act, the Resource Conservation and Recovery Act, the Clean Water Act, the Toxic Substances Control Act, the Safe Drinking Water Act, the Water Pollution Control Act, and the National Environmental Policy Act).

HEIGHT: The height of a WCF from the ground (at the grade existing prior to any excavation or fill with regard to said facility) to the highest part of the facility or of any antenna, mount, support structure, equipment or appurtenance placed thereon or attached thereto.

INDEPENDENT WCF ALLEY POLE (IWCFAP): A pole of wood or steel located within the right-of-way of an alley running through Block 41, 36, 35, O, C, D, E, H, S, T, 2, 25 or 98, Bellevue Townsite, Bellevue, Idaho, and constructed in accordance with the requirements of this chapter. Such an IWCFAP is located within the City street system and is not within the definition of "street pole" in this section.

LATTICE TOWER: A support structure that consists of a network of crossed metal braces, forming a tower that is usually triangular or square in cross section.

LICENSED CARRIER: A company authorized by the FCC to construct and operate commercial mobile radio services systems.

MODIFICATION: Any change in or addition to a WCF or any component thereof. All modifications require a permit issued by the City pursuant to this chapter.

MONOPOLE: The shape of mount that is self-supporting with a single shaft of wood, steel, concrete or other material and antenna(s) thereon or therein.

NONAUTOMATED: A WCF with on site personnel.

NONRESIDENTIAL STRUCTURE: A building or structure not constructed or used for residential purposes.

PERSON: Any person, corporation, partnership, joint venture, trust or other entity.

PERSONAL WIRELESS COMMUNICATION FACILITY (PWCF): A facility for the provision of personal wireless services, as defined by section 704 of the Telecommunications Act of 1996, including, but not limited to, antenna, support structure, transmission cables, power cables, cable trays, equipment enclosure, equipment, and components thereof and improvements with regard thereto. Personal wireless services facilities are not public utility and public service facilities or utilities and are not included within such definitions thereof contained in City ordinances.

PERSONAL WIRELESS SERVICES: Any personal wireless service defined in the Federal Telecommunications Act which includes FCC licensed commercial wireless telecommunications services, including, without limitation, cellular, personal communications services, specialized mobile radio, enhanced specialized mobile radio, paging as well as unlicensed wire services and common carrier wireless exchange access services and functionally equivalent services. "Personal wireless services" are not public utility or public service facilities or utilities and are not included within the definitions thereof contained in City ordinances.

PHOTOSIMULATION: Computer generated photographs or renderings showing the existing condition of the subject property and improvements with the proposed WCF and related improvements superimposed thereon at scale.

RIGHT-OF-WAY: Means and includes all public streets, alleys and utility easements now and hereafter owned by Bellevue or other public entity.

ROOF MOUNTED WCF: A WCF antenna mounted on the top of the roof of a building.

SECURITY BARRIER: A wall, fence or other structure that completely seals an area from unauthorized entry or trespass.

SEPARATION: The distance between one carrier's antenna array and another carrier's antenna array.

SERVICE AREA: Area within which a wireless communication facility is able to transmit clear signals, generally circular in form.

SITE: The precise portion of the parcel of real property (subject property) upon which the WCF is located or proposed to be located.

STREET POLE: A streetlight, traffic control signal, telephone, electric or cable television pole located in a developed public street or alley right-of-way within the City street system or on other City owned property. A street pole is not included within the definition of independent WCF alley pole in this section.

STRUCTURE: Anything constructed which requires permanent or indefinite location or attachment on the ground, not including fences.

SUBJECT PROPERTY: The specific parcel of real property upon which a WCF is located or proposed to be located.

SUPPORT STRUCTURE: The structure to which an antenna and other necessary associated hardware is attached. Support structures include, but are not limited to, the following:

   A.   Independent WCF alley pole.

   B.   Building.

   C.   Street pole.

   D.   Tower.

TOWER: A mast, pole, monopole, or other structure, except independent WCF alley pole and street pole, designed and primarily used to support antennas and/or other WCF equipment.

UNLICENSED WIRELESS SERVICES: Commercial mobile services that can operate on public domain frequencies and therefore need no FCC license for their sites or facilities.

WHIP ANTENNA: See definition of antenna: omni-directional antenna.

WIRELESS COMMUNICATION FACILITY (WCF): A facility that transmits and/or receives electromagnetic signals, including antennas, microwave dishes, parabolic antennas, directional antennas and other types of equipment for the transmission or reception of such signals, towers or similar structures supporting the equipment, transmission cables, power cables, cable trays, equipment buildings, shelters, cabinets, parking area, and other accessory development. WCFs include, but are not limited to, personal wireless services and facilities as defined by section 704 of the Telecommunications Act of 1996, and broadcast service facilities. Wireless services facilities are not public utilities or utilities nor included within such definitions thereof contained in City ordinances. (Ord. 2001-09, 6-14-2001)

   A.   Intent And Purpose: This section is adopted to accompany this chapter and to further the intent, purpose and provisions of this chapter. This section is to be read and construed in conjunction with this chapter.

   B.   Definitions: For the purposes of this section, the following terms shall have the meanings ascribed to them in this subsection:

    CITY: The City of Bellevue, Idaho.

   CITY STREET SYSTEM: The streets and alleys within the City highway system as defined in Idaho Code section 40-104(C)(1).

   PERSON: Any person, corporation, partnership, joint venture, trust or other entity.

   WIRELESS COMMUNICATIONS FACILITY (WCF): A facility that transmits and/or receives electromagnetic signals, including antennas, microwave dishes, parabolic antennas, directional antennas and other types of equipment for the transmission or reception of such signals, towers or similar structures supporting the equipment, transmission cables, power cables, cable trays, equipment buildings, shelters, cabinets, parking area, and other accessory development. WCFs include, but are not limited to, personal wireless services and facilities as defined by section 704 of the Telecommunications Act of 1996, and broadcast service facilities.

   C.   Lease Required; Authority To Grant: No person may construct, place or maintain a wireless communication facility ("WCF") or any portion thereof on, upon, underneath or otherwise within any public street or alley right-of-way within City street system without first having obtained a right-of-way use lease from the City therefor. The granting of any such lease shall remain in the sole discretion of the Common Council of the City ("Common Council") upon such terms and conditions as it deems in the best interests of the City and the inhabitants thereof. The granting of a lease under this section shall not be deemed to set any precedent or establish any right for the granting of any other or subsequent lease by the City.

   D.   Required Findings; Term Of Lease: Any lease entered into for use of a portion of a public street or alley right-of-way (jointly referred to as "public right-of-way") for a wireless communication facility under this section shall require findings by the Common Council that: 1) the property subject to said lease is not presently needed for public transportation purposes; 2) the proposed use will not substantially impair passage through the public right-of-way in question; and 3) it is in the best interests of the City and its inhabitants to enter into said lease. Granting of any such lease shall not be deemed a finding or determination by the City that said public right-of-way or any portion thereof is abandoned for public transportation purposes or that said right-of-way or the portion subject to such lease will not be necessary for public transportation in the future. Said lease and the term thereof shall remain subordinate and subject to use for public transportation purposes, and any such lease shall be subject to termination by the Common Council upon a finding by the Council, in its sole discretion, that the property subject thereto needs to be put to use for public transportation purposes. (Ord. 2001-11, 6-14-2001)

   A.   Permit Required; Ineligibility:

      1.   No person shall commence construction of or operate a WCF within the Municipal boundaries of the City without having obtained a valid WCF permit under this section. It shall be unlawful for any person within the City without a valid WCF permit to: a) commence construction of a WCF; or b) operate a WCF; or c) modify, alter, add to or change a WCF.

      2.   No WCF permit shall be issued to any applicant when, in the application review process or otherwise, the City finds that the applicant has an existing WCF within the City that is in violation of this chapter.

      3.   No building permit shall be issued for a WCF or any component thereof unless and until a valid WCF permit has been duly issued therefor by the City.

   B.   Permit Granting Authority:

      1.   The Bellevue Planning and Zoning Administrator ("Administrator") shall review and be the permit granting authority for WCF permits for WCFs located on IWCFAPs and concealed roof mounted WCFs within the Business Zoning District and the Light Industrial Zoning District. The Administrator may attach reasonable conditions to the approval of such applications including, but not limited to, those which will minimize adverse impacts on adjacent properties or public ways and/or assure the WCF is constructed and maintained in accordance with this chapter. At the time of filing a WCF application, the applicant may request in writing review and approval of said application by the Bellevue Planning and Zoning Commission ("commission") rather than by administrative review. An applicant who does not so elect review by the commission is deemed to have waived any and all objections to administrative review and shall be limited to the appeal provisions set forth in this chapter.

      2.   Design review applications and/or conditional use permit applications for WCFs shall be processed at the same time as WCF permit applications in accordance with the procedures and provisions set forth in this chapter.

      3.   Prior to issuance of any WCF permit for a WCF on an IWCFAP or other structure within a public right-of-way within the City street system, the applicant shall obtain a right-of-way use lease or other agreement with the Common Council therefor.

   C.   Application Filing Requirements: An application for a WCF permit must be determined to be complete by the Administrator prior to processing. The City shall deem an application complete when the application contains the information described below. The following shall be included with an application for a WCF permit:

      1.   The application form shall include, at a minimum:

         a.   Name, address and telephone number of the applicant and any co-applicants as well as any agents for the applicant and co- applicants. The applicant or co-applicant shall be a licensed carrier, except for an application solely filed by and for a WCF by an unlicensed carrier.

         b.   Name, address and telephone number of the property owner(s).

         c.   Original signatures of the applicant and all co-applicants applying for a WCF permit. If the applicant or co-applicant will be represented by an agent, the original signature authorizing the agent to represent the applicant and/or co-applicant.

         d.   A complete legal description of the subject property. (Ord. 2001-09, 6-14-2001)

         e.   A basic WCF permit application fee is hereby established by resolution. Said fee shall be paid at the time of the filing of said application and shall be in addition to such other fees and charges as provided in this chapter and other applicable ordinances. The Common Council may hereafter amend said fee by resolution. (Ord. 2001-09, 6-14-2001; amd. 2018 Code)

         f.   Map showing the subject property and all properties, roads and alleys within one thousand feet (1,000').

         g.   List of property owners within three hundred feet (300') according to records maintained by the Office of the Blaine County Assessor, Hailey, Idaho.

      2.   A site plan drawn to scale of not less than one inch equals twenty feet (1" = 20'), specifying the following:

         a.   Location of the subject property, siting of the WCF on the building located thereon, together with the precise type, design, components and height of the proposed WCF, antennas, equipment enclosure, security barrier, transmission cable locations and other components of the WCF with setbacks and dimensions.

         b.   On site structures, land uses and zoning.

         c.   Circulation, including adjacent roadways, ingress and egress from such roadways, parking and pedestrian circulation and access.

         d.   Property lines of the subject property with dimensions, adjacent land uses, structures and zoning.

         e.   Information demonstrating compliance with the standards, criteria and requirements of this chapter.

         f.   North arrow, scale and legend.

      3.   Siting elevations or views at grade from north, south, east and west from adjacent properties at least fifty feet (50') from the proposed WCF and from all existing roadways, public and private, from which the proposed WCF would be visible. Elevations shall be at either one-fourth inch equals one foot (1/4" = 1') or one-eighth inch equals one foot (1/8" = 1') scale and showing antennas, mounts, security barrier, equipment enclosure and other improvements or appurtenances with dimensions and total height of the WCF. Also, photo simulations at scale showing the location, height and dimensions of the WCF, support structure, equipment enclosure and other components shall be submitted.

      4.   With regard to a WCF permit application for an IWCFAP or for co-location for a concealed roof mounted WCF within an existing concealed roof mounted WCF facility, the Administrator (upon a finding that such information is redundant with that provided in a prior application or not reasonably applicable to the WCF application) may waive any the requirements set forth in subsection C2 through C6, C9 through C12, C14, C15, or C17 through C21 of this section.

      5.   Elevations of proposed aboveground equipment enclosures showing all dimensions, materials, colors and proposed landscaping.

      6.   A map indicating the service area of the facility.

      7.   A map indicating locations and service areas of other WCF sites operated by the applicant and sites of other provider facilities within the City and within one mile of the City's corporate limits.

      8.   Four (4) copies of all plans and one (1) eleven inch by seventeen inch (11" x 17") paper reduction of each plan.

      9.   Equipment brochures for the proposed WCF such as manufacturer's specifications or trade journal reprints. These shall be provided for the antennas, mounts, equipment enclosures, cables, as well as cable runs, and security barrier, if any.

      10.   Written documentation demonstrating a good faith effort to locate the WCF in accordance with the priorities of section 10-23-8 of this chapter.

      11.   A statement of the technical reasons for the design and configuration of the WCF.

      12.   For concealed roof mounted WCFs, a signed and notarized statement by the applicant that:

         a.   The proposed concealed roof mounted site will accommodate co- location of additional antennas, and the property owner will enter into leases with other providers within such concealed site.

         b.   Certification that the antenna usage shall not interfere with other adjacent or neighboring transmission or reception functions.

         c.   The licensed carrier and property owner of the subject property each independently agrees to remove the WCF within ninety (90) days after use of the site is discontinued, abandoned or the permit terminated or revoked.

         d.   Compliance with all EIA standards and applicable Federal and State laws and regulations, including, but not limited to, FAA and FCC regulations.

      13.   For concealed roof mounted WCFs, a lease agreement with the landholder that:

         a.   Allows the landowner to enter into leases with other providers.

         b.   Specifies that if the provider fails to remove the WCF and equipment within ninety (90) days of its use being discontinued or abandoned or the permit terminated or revoked, the landowner shall remove same within thirty (30) days.

         c.   Provides the lease is binding on the heirs, successors and assigns of the parties.

         d.   Provides that the above lease terms cannot be amended, modified or otherwise canceled or terminated without the prior written consent of the City.

      14.   The applicant shall provide the following:

         a.   Copy of Form 600 Application filed with the FCC;

         b.   FCC license (Radio Authorization Form);

         c.   AGL to the radiation center and to the top of the highest projection on the WCF.

      15.   A completed right-of-way use lease agreement with the City if the WCF or any portion thereof is to be located within a public right-of-way.

      16.   A list of all hazardous substances, chemicals, petroleum products, batteries, and similar items or substances which will be used or stored on the WCF site.

      17.   A list of all types of materials used in the construction of and which will be visible on the exterior of the WCF facility, together with the finishes and colors thereof upon completion.

      18.   Certification that the proposed WCF complies with all applicable FCC guidelines, and an RFR report (radio frequency radiation) for the proposed WCF prepared by a qualified engineer.

      19.   For any site requiring an environmental assessment ("EA") under NEPA pursuant to FCC regulations, a copy of the EA.

      20.   A written statement from the FAA of any required lighting of the proposed WCF and all available lighting and/or painting alternatives which will also meet that requirement. The City shall have the ability to condition permit approval on the least intrusive lighting and/or painting alternative if there is no other alternative location, site or design which will not require such lighting. If lighting is required, no strobe or flashing lights or white lights shall be permitted (unless no other alternative can meet FAA requirements) and only solid red lights will be permitted.

      21.   Two (2) alternative proposals for the WCF facility in terms of location, siting, height, and/or design, each of which complies with the provisions of this chapter. Such alternatives shall be substantively different from the primary proposal. If the applicant does not provide the alternatives or the City finds other alternatives may exist that more fully comply with the provisions of this chapter, the City may retain a private expert under section 10-23-14 of this chapter to develop such alternative proposals. The City shall not further process the WCF permit application, and the time frame for processing the application shall toll until thirty (30) days after the expert's report is received by the City.

   D.   Issuance Of Permit: Upon approval, the City shall issue the applicant a WCF permit in written form stating the exact WCF approved and the conditions, if any, of said permit.

   E.   Term Of Permit: Each WCF permit shall be for a term of five (5) years. A WCF permit shall expire by its own terms on the fifth anniversary date of the date of issuance.

   F.   Annual Report A Condition Of Permit: As a condition of each WCF permit, the applicant shall file with the City on each anniversary date of the issuance of the permit an annual report containing the following information:

      1.   Name of permittee, landowner and each carrier located on the site including the FCC permit number, the Bellevue WCF permit number, and an emergency (24 hours/7 days a week) telephone number for each.

      2.   Any co-location added to the site or removed from the site within the preceding year.

      3.   Any modifications to the site or any component thereof in the preceding year.

      4.   Updated list of hazardous substances as set forth in subsection C16 of this section, together with a plan of the site showing the exact location of and access in case of emergency to each such substance.

      5.   Date of the last physical inspection of the site by the permittee and by each carrier on the site.

      6.   The name and telephone number of the contact person for required maintenance of the site.

      7.   Failure to timely file an annual report shall be grounds for revocation of the WCF permit.

   G.   Revocation Of Permit; Notice And Hearing:

      1.   Grounds For Revocation: A permit issued pursuant to this chapter may be revoked for any of the following reasons:

         a.   Construction, and/or maintenance, and/or operation of a WCF at an unauthorized location or of unauthorized equipment;

         b.   Construction, operation or modification of a WCF in violation of any of provision of this chapter, and/or any condition attached to the WCF permit or other permit regarding the WCF, or of any provision of the Building Code or any other applicable ordinance of the City or State or Federal law;

         c.   Misrepresentation by or on behalf of an applicant, permittee or carrier in any application or written or oral statement upon which the City substantially relies in making the decision to grant, review or amend any permit pursuant to this chapter;

         d.   Abandonment of the WCF as set forth in this chapter; or

         e.   Failure to promptly cure a violation of the terms or conditions of the permit.

      2.   Notice Of Violation Or Noncompliance: In the event the City believes that grounds exist for revocation of a permit, the permittee shall be given written notice, by certified mail, of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the permittee a reasonable period of time, not exceeding thirty (30) calendar days, to furnish evidence that corrective action has remedied the violation or noncompliance and/or that rebuts the alleged violation or noncompliance.

      3.   Hearing:

         a.   In the event that a permittee fails to provide evidence reasonably satisfactory to the City as provided in subsection G2 of this section, the City shall refer the apparent violation or noncompliance to the commission.

         b.   The commission shall provide the permittee notice and reasonable opportunity to be heard concerning the matter, and a public hearing shall be conducted.

         c.   Within thirty (30) calendar days of the completion of the hearing, the commission shall issue a written decision revoking the WCF permit or imposing such lesser sanctions as it may be deemed appropriate under the circumstances.

         d.   In making its decision, the commission shall apply the following factors:

            (1)   Whether the misconduct was egregious;

            (2)   Whether substantial harm resulted;

            (3)   Whether the violation was intentional;

            (4)   Whether there is a history of prior violations of the same or other requirements;

            (5)   Whether there is a history of overall compliance;

            (6)   Whether the violation was voluntarily disclosed, admitted or cured; and

            (7)   Other factors determined relevant by the City based upon the specific facts of the case. (Ord. 2001-09, 6-14-2001)

   A.   Business District:

      1.   A WCF attached to an independent WCF alley pole ("IWCFAP") within the alley right-of-way within Blocks 41, 36, 35, O, C, D, E, H, S, T, Z, 2, and 25, Bellevue Townsite, Bellevue, Idaho, is a permitted use in the Business Zoning District upon issuance of a WCF permit in accordance with this chapter.

      2.   A concealed roof mounted WCF is a permitted use in the Business Zoning District upon issuance of a WCF permit in accordance with this chapter and design review approval in accordance with this title.

      3.   A governmental emergency service WCF is a conditional use within the Business Zoning District.

      4.   All other WCFs are prohibited in the Business Zoning District.

   B.   Light Industrial District:

      1.   A WCF attached to an independent WCF alley pole ("IWCFAP") located in the alley right-of-way within Block 98, Bellevue Townsite, Bellevue, Idaho, is a permitted use in the Light Industrial Zoning District.

      2.   A concealed roof mounted WCF is a permitted use in the Light Industrial Zoning District upon issuance of a WCF permit in accordance with this chapter and design review approval in accordance with this title.

      3.   Governmental emergency service WCFs are a conditional use within the Light Industrial District.

      4.   All other WCFs are not a permitted use in the Light Industrial Zoning District.

   C.   General Residential District: WCFs are not permitted in the General Residential Zoning District, except a governmental emergency service WCF is a conditional use therein.

   D.   Transitional District: WCFs are not permitted in the Transitional Zoning District, except a governmental emergency service WCF is a conditional use therein.

   E.   Future Districts: In any zoning district hereafter duly created, WCFs shall not be a permitted or a conditional use unless the ordinance establishing such zoning district expressly provides for any such use. (Ord. 2001-09, 6-14-2001)

   A.   Location And Facility Type Selection Criteria: Subject to the provisions of section 10-23-7 of this chapter, WCF permit applications shall be reviewed and approved in the following priority order:

      1.   On an independent WCF alley pole ("IWCFAP").

      2.   If no location set forth above is possible, then a concealed roof mounted WCF on City owned building is permissible.

      3.   If no location set forth above is possible, then a concealed roof mounted WCF on another building is permissible.

      4.   If no location set forth above is possible, a freestanding facility incorporated into or designed to look like streetlights, traffic signals, street furniture or similar disguise with a street or alley right-of-way which is part of the City street system is permissible.

      5.   If no location set forth above is possible, location on independent poles in street rights-of-way within the City street system is permissible.

      6.   If no location set forth above is possible, location on street poles in street rights-of-way within the City street system is permissible.

   B.   Independent WCF Alley Poles: It is hereby found by the Common Council that location of WCFs on independent WCF alley poles is the preferred siting alternative in the City. This is because such location is the least visually intrusive installation alternative as the WCF is located off the Main Street visual corridor, and it provides the City with the greatest degree of control over the placement, construction and maintenance of WCFs. Consistent therewith, in the Business Zoning District and the Light Industrial Zoning District, applications for a WCF permit for an IWCFAP shall require only administrative review as set forth in this chapter.

   C.   Concealed Roof Mounted WCF: If, under the provisions of this chapter, a WCF cannot be located on an IWCFAP, then it is to be a concealed roof mounted WCF. Concealed roof mounted WCFs are found by the City to be the next least visually obtrusive type of facility because the equipment is substantially concealed from view at ground level. Such roof mounted WCFs may be concealed in newly constructed buildings or additions to existing buildings that are designed to be compatible and harmonious with the surrounding land uses, such as in steeples, clock towers, cupolas, and other architectural features or by shielding WCFs from view. Concealed roof mounted locations shall be designed and constructed to camouflage back haul dishes to look like an integral part of the structure. Furthermore, co-location of concealed roof mounted WCFs is encouraged because the construction of such sites will minimize the number of such WCF sites within the City and provide for more effective review and monitoring thereof.

   D.   Minimize Adverse Impacts: In order to minimize the adverse impacts of WCFs and to promote the purposes of this chapter, the provisions of this chapter may result in an applicant or licensed carrier having to install more, smaller WCFs rather than fewer, larger WCFs. (Ord. 2001-09, 6-14-2001)

The applicant has the burden of proving compliance with each of the following standards and criteria of evaluation. The Administrator or commission shall review the application and determine if there is adequate and substantial evidence in the record to make a positive finding on each standard and criteria.

   A.   General Regulations:

      1.   Height: No WCF shall exceed the maximum permissible height of a building in the zoning district in which said WCF is located.

      2.   Setbacks: All WCFs, except IWCFAPs and street poles, shall comply with the building setback provisions of the zoning district in which the WCF is located.

      3.   Lighting: Facility lighting shall be designed so as to meet, but not exceed, the minimum requirements for security, safety and FAA regulations. Lighting of WCFs shall be prohibited unless required by the FAA and no other alternative is available. In all instances, the lighting shall be designed so as to avoid glare and minimize illumination on and visibility from adjacent properties and rights-of-way. No strobe or flashing light or white light shall be permitted unless no other lighting can meet FAA regulations and the applicant provides written confirmation from the FAA that the specific WCF under review cannot meet FAA regulations by the use of any other alternative other than such lighting.

      4.   Signs: Signs shall be limited to those needed to identify the emergency telephone numbers, public safety warnings, and other required information. The sign shall, at a minimum, set forth the name of the permittee, landowner and all carriers located on the site including the FCC permit number, the City WCF permit number, and an emergency (24 hours/7 days a week) telephone number for each. Each sign shall comply with the requirements of the City's general sign regulations unless more stringent dimensions or design requirements are set by the Administrator or commission.

      5.   Access: In addition to ingress and egress requirements of the International Building Code and the International Fire Code, no WCF or equipment shall be located in a required parking space, traffic lane or vehicle/pedestrian circulation area. The WCF shall be secured from access by the general public, but access for emergency services shall be ensured.

      6.   Environmental Standards: No hazardous substance shall be discharged on the site of any WCF. If any hazardous substance is to be used or stored on site, there shall be provisions for full containment of such materials as provided by the Fire Code, Building Code and other applicable Federal, State and local laws, rules and regulations. An enclosed containment area shall be provided with a sealed floor, designed to contain at least one hundred ten percent (110%) of the volume of the hazardous substance stored or used on site. The use and storage of hazardous substances shall be in full compliance with all Federal, State and local laws, rules and regulations.

      7.   Noise: Aboveground equipment for WCFs shall not generate noise in excess of fifty (50) decibels (dB) at the property line of the subject property as measured by a qualified acoustical engineer.

      8.   Guy Wire Restrictions: No guy wire or other support wires shall be used in connection with any WCF antenna, antenna array or support structure except when used to anchor the antenna or antenna array to an existing building to which such antenna or antenna array is attached.

   B.   Independent WCF Alley Poles ("IWCFAPs"): In addition to all other requirements of this chapter, an IWCFAP shall comply with the following:

      1.   The WCF shall not extend above the top of the pole upon which it is located.

      2.   There shall be no more than two (2) IWCFAPs per block, unless the Common Council determines that it is appropriate to have more in any one block.

      3.   Only one WCF shall be permitted on any IWCFAP.

      4.   A WCF on an IWCFAP shall consist of a directional (panel) antenna flush mounted on the side of the pole and shall not extend more than eight inches (8") out from the side of the pole. The antenna shall be equal to or less than six feet (6') in height, including the support system, if any. Surface area of an antenna shall not exceed five hundred eighty (580) square inches. The antenna and any dish shall be either fully concealed within the pole or camouflaged to appear to be an integrated part of the pole.

      5.   The pole shall be not larger than twelve inches (12") in diameter at its base and eight inches (8") in diameter at its top.

      6.   The IWCFAP shall be painted a wood color brown to disguise same.

      7.   All electrical wires and transmission line cable to and from the pole shall be installed underground or within the pole or camouflaged.

      8.   Any back haul dish on the pole shall not be larger than two feet (2') in diameter and shall be removed upon fiber optic, T-1 telephone line or equivalent technology being provided to the site or within two (2) City blocks of the site.

      9.   For WCFs located within developed streets, there shall be a minimum horizontal separation of three hundred feet (300') between the WCFs of a single licensed carrier and a minimum horizontal separation of one hundred feet (100') between the WCFs of any other licensed carrier.

      10.   Equipment enclosures shall be underground or, unless otherwise approved by the Common Council, at an appropriate aboveground location, in which case, such enclosure shall be the minimum necessary to serve the IWCFAP in question.

      11.   A right-of-way use lease shall be applied for as part of the WCF application and shall be obtained by the applicant from the Common Council prior to issuance of the WCF permit.

   C.   Concealed Roof Mounted WCFs ("CRWCF"): In addition to all other requirements of this chapter, a concealed roof mounted WCF shall comply with the following:

      1.   No portion of the CRWCF shall extend above the highest portion of the building.

      2.   Aboveground structures shall comply with all setback and other requirements of the underlying zoning district in which the subject property is located.

      3.   All concealed roof mounted WCFs shall be concealed from view from surrounding properties and from roads (public and private), except for the back haul dish which shall be disguised in a manner not to appear to be such a dish to the greatest extent feasible. Such back haul dish shall be of the smallest size possible. All concealed roof mounted WCFs shall be compatible with existing architectural elements, building materials, colors and other site characteristics.

      4.   Equipment enclosures shall be designed be located, whenever possible, within an existing building. If an exterior equipment enclosure is necessary, it shall be designed consistent with the requirements of this chapter and obtain design review approval under this title. Exterior equipment enclosures shall be designed, installed and maintained to blend with the existing site. Landscaping and screening shall be installed to visually screen the aboveground equipment enclosure from adjacent properties and public rights-of-way. Upon completion, the permittee(s) of the facility shall be jointly and severally responsible for the continued maintenance and replacement of all required landscaping and screening materials.

   D.   Governmental Emergency Services WCFs ("GESWCF"): Governmental emergency services WCFs shall comply with the provisions of this chapter and the provisions of this title regarding conditional use permits and design review approval. A GESWCF may be granted a waiver from any requirement of this chapter (except, that no non- GESWCF may be co-located thereon) upon a finding by the Common Council that the proposed emergency service is necessary for the public health safety and welfare, and no reasonable alternative to that proposed WCF exists to provide such governmental emergency service.

   E.   Review Of Alternatives: In reviewing the alternatives submitted with regard to an application under subsection 10-23-6C21 of this chapter, the City shall compare the WCF as proposed in the application with the alternatives to determine which best meets: 1) the location and facility type standards in section 10-23-8 of this chapter; and 2) the standards and criteria set forth in this section; and 3) which is the least intrusive on the values set forth in the intent and purposes set forth in this chapter. (Ord. 2001-09, 6-14-2001)

All WCFs shall meet current standards and regulations of the FAA, the FCC, and any other governmental agency with the authority to regulate same. If such standards and regulations are changed, then the owner of a WCF governed by this chapter shall bring such WCF into compliance with the revised standards and regulations within three (3) months of the effective date of the revised standards and regulations, unless a more stringent compliance schedule is mandated by the controlling Federal law or agency. Failure to bring a WCF into compliance with such revised standards and regulations shall constitute grounds for revocation of the WCF permit. (Ord. 2001-09, 6-14-2001)

Each permittee shall maintain its WCF in a good and safe condition, preserving the original appearance and concealment, disguise or screening elements incorporated into the design at the time of approval and in a manner which complies with all applicable Federal, State and local requirements. Such maintenance shall include, but not be limited to, such items as painting, repair of equipment and maintenance of landscaping. If the permittee fails to maintain the facility, the City may undertake the maintenance at the expense of the permittee or terminate the permit, at its sole option. Failure to properly maintain a WCF shall be grounds for revocation of the WCF permit. (Ord. 2001-09, 6-14-2001)

   A.   New Permit: Any proposed modification, change or addition to any WCF shall require the issuance of a new WCF permit, pursuant to the requirements of this chapter. This subsection shall not apply to routine maintenance of a WCF or to the replacement of any portion of the WCF with identical equipment on a WCF in conformance with this chapter.

   B.   Facility Upgrade: At the time of modification or replacement of any existing WCF component, such component shall be replaced with equipment of equal or greater technical capacity and reduced in size so as to reduce visual impact.

   C.   Existing Uses: Any WCF lawfully existing on the effective date hereof shall be allowed to continue operation as it presently exists. Routine maintenance and repair shall be permitted. However, any exterior modification, change, addition to or replacement of the WCF or any component thereof shall comply with all the requirements of this chapter. (Ord. 2001-09, 6-14-2001)

   A.   Construction or activation of a WCF shall commence within ninety (90) days of issuance of the WCF permit or the permit shall be null and void ab initio. An additional ninety (90) day extension may be granted by the Administrator due to weather conditions or other extenuating circumstances beyond the control of the applicant. Requests and approvals of any such extension shall be made in writing prior to the expiration of the time period sought to be extended.

   B.   At such time that any carrier plans to abandon or discontinue operation of a WCF, such carrier shall notify the City by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than thirty (30) days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the WCF shall be considered abandoned upon such discontinuation of operations. In the event that more than one provider is using the WCF, the WCF shall not be considered abandoned until all such users cease using the structure as provided in this chapter.

   C.   Upon abandonment or discontinuation of use or termination or revocation of a WCF permit, the carrier shall physically remove the WCF within ninety (90) days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to, removal of antennas, support structures, equipment enclosures and security barriers from the subject property and proper disposal of the waste materials from the site in accordance with Federal, State and local laws, rules and regulations.

   D.   If a carrier fails to remove a WCF in accordance with this chapter, the City may cause the facility to be removed, and all expenses of removal shall be paid by the owner of the subject property where the facility is located. Said cost shall become a lien upon said real property and foreclosed by the City. (Ord. 2001-09, 6-14-2001)

The wireless communication providers use various methodologies and analysis tools, including geological based computer software, to determine the specific technical parameters of personal wireless services and low power mobile radio facilities, such as expected coverage area, antenna configuration, topographic constraints that affect signal paths, etc. In certain instances, there may be need for expert review by a third party of the technical data submitted by the applicant and/or to develop alternative proposals as required under this chapter. The Administrator or the commission shall require such technical review to be paid for by the applicant as a special review fee. The applicant shall pay the City the estimated cost of the expert review prior to further processing of the application by the City. If additional costs are incurred, the applicant shall pay those prior to issuance of the WCF permit, and if not all of the estimated fees are used by the City to pay the expert, the remainder of said funds shall be refunded to the applicant by the City at the time of issuance of the WCF permit. The selection of the third party expert shall be at the City's sole discretion. Based on the results of the third party review, the City may require changes to the application for the WCF that comply with the recommendations of the expert. The expert review of the technical submission may include, but not be limited to, any of the following: the accuracy and completeness of any of the information submitted; the applicability of analysis techniques and methodologies; review or development of alternative WCF proposals under this chapter; the validity of conclusions reached; and/or any specific technical issues designated by the City. (Ord. 2001-09, 6-14-2001)

   A.   The requirements imposed by this chapter shall not apply to antennas designed to receive video programming signals from direct broadcast satellite (DBS) services, multichannel multipoint distribution providers (MMDS), or television broadcast stations (TVBS); provided, that: 1) the antenna measures thirty nine inches (39") (1 m) or less in diameter; 2) the antenna is attached to a building; and 3) the antenna is not used to provide commercial service or service to any third party.

   B.   The requirements of this chapter shall not apply to the installation of a television satellite dish antenna for personal, noncommercial use when attached to a residential structure and the antenna measures thirty nine inches (39") (1 m) or less in diameter.

   C.   The requirements of this chapter shall not apply to amateur radio facilities owned and operated by a Federally licensed amateur radio operator or used exclusively as noncommercial, receive only antennas. However, such facilities shall not be co- located on a WCF unless and until a WCF permit is obtained under this chapter. (Ord. 2001-09, 6-14-2001)

   A.   Appeal From Decision Of Administrator:

      1.   Any person aggrieved by a decision of the Administrator made in interpreting or enforcing this chapter may appeal such a decision to the commission by filing a written notice of appeal with the City Clerk within twenty (20) days of such decision, stating the date and nature of the decision appealed from and the grounds for the appeal. If no notice of appeal is so filed, the decision of the Administrator shall be final and not subject to further appeal or review.

      2.   Within twenty (20) days of the filing of the notice of appeal, the Administrator shall provide the appellant and file with the commission copies of the record on appeal, including all applications and other documents and exhibits pertinent to the appeal, together with the Administrator's certificate stating that the documents listed comprise the complete record of the decision under appeal.

      3.   The commission shall hold a hearing at a regular meeting of the commission within thirty (30) days of the Administrator's certification of the record on appeal. The appeal shall be based and heard solely upon the record before the Administrator. The commission shall, within thirty (30) days after the hearing, enter a written order affirming, reversing or modifying the Administrator's decision. The order shall also contain the reasons for the commission's decision.

   B.   Appeal From Decision Of Commission:

      1.   Any person aggrieved by the decision of the commission may appeal the commission's decision to the Common Council by filing a written notice of appeal with the City Clerk within twenty (20) days of the commission's final decision. The notice of appeal shall state the date and the substance of the decision appealed from and state the grounds for the appeal. If no notice of appeal is so filed, the decision of the commission shall be final and not subject to further appeal or review.

      2.   Within twenty (20) days after the filing of the notice of appeal, the appellant may order a transcript of the proceedings to be prepared, and the estimated cost of the transcript shall be paid by the appellant prior to ordering the transcript. The actual cost of the transcript shall be paid for by the appellant in full before the transcript may be forwarded to the Common Council. Within twenty (20) days after receipt of the transcript, the Administrator shall serve to the appellant and the Common Council one copy of the transcript, and the record of the appeal including all applications, minutes and other documents and exhibits pertinent to the appeal, together with the Administrator's certificate stating that the documents listed comprise the complete record of the proceedings under appeal.

      3.   At a regular meeting, the Common Council shall hold a hearing on the appeal within thirty (30) days of the Administrator's certification of the transcript and record on appeal. The appeal shall be based and heard solely upon the record before the commission. Each party may not present more than fifteen (15) minutes of oral argument to the Common Council. The Common Council shall enter an order within thirty (30) days after the hearing affirming, reversing, or modifying the commission's decision. The order shall contain a statement of the reasons for the Common Council's decision. (Ord. 2001-09, 6-14-2001)

A person who violates any provision of this chapter shall be guilty of a misdemeanor, punishable as provided in section 1-4-1 of this Code. Each day that a violation of this chapter occurs shall be deemed a separate offense. In addition, the City may seek to enforce this chapter by appropriate civil remedies and/or revocation of a permit issued hereunder. (Ord. 2001-09, 6-14-2001; amd. 2018 Code)