The communications act of 1934, as amended by the telecommunications act of 1996 ("the act"), grants the federal communications commission (FCC) exclusive jurisdiction over the regulation of the environmental effects of radio frequency (RF) emissions from telecommunications facilities and the regulation of radio signal interference among users of the RF spectrum. The regulation of towers and telecommunications facilities will not have the effect of prohibiting any person from providing wireless telecommunications services in violation of the act. (2003 Code § 11-07-01)

   A.   The general purpose of this chapter is to regulate the placement, construction and modification of wireless telecommunications facilities in order to protect the health, safety and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the city.

   B.   Specifically, the purposes of this chapter are:

      1.   To regulate the location of wireless telecommunications facilities in the city;

      2.   To protect residential areas and land uses from potential adverse impact of towers and other telecommunications facilities;

      3.   To minimize adverse visual impact of wireless telecommunications facilities through careful design, siting, landscaping and innovative camouflaging techniques;

      4.   To promote and encourage shared use/collocation of towers and antenna support structures as a primary option rather than construction of additional single use wireless telecommunications facilities;

      5.   To promote and encourage utilization of technological designs that will either eliminate or reduce the need for erection of tower structures to support antenna and telecommunications facilities;

      6.   To avoid potential damage to property caused by wireless telecommunications facilities by ensuring such structures are soundly and carefully designed, constructed, modified, maintained and removed when no longer used or are determined to be structurally unsound; and

      7.   To ensure that wireless telecommunications facilities are compatible with surrounding land uses to the greatest extent reasonably possible. (2003 Code § 11-07-02)

The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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:

   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, e.g., a global positioning satellite antenna (GPS).

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

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

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

ANTENNA SUPPORT STRUCTURE: Any building or structure, other than a tower that can be used for location of telecommunications facilities.

APPLICANT: Any person who applies for a tower development permit.

APPLICATION: The process by which the owner of a parcel of land within the city submits a request to develop, construct, build, modify or erect a tower upon such parcel of land. Application includes all written documentation, verbal statements and representations, in whatever form or forum, made by an applicant to the city concerning such a request.

BUILDING: Any permanent structure built for the shelter or enclosure of person, animals, chattels or property of any kind that is permanently affixed to the land and that has one or more floors and a roof.

CARRIER: A company that provides wireless services.

COLLOCATION: The use of a single support system on the ground by more than one carrier (vertical collocation) and/or several support systems on an existing building or structure by more than one carrier.

EIA: The Electronic Industries Association.

EQUIPMENT ENCLOSURE: A small enclosed structure, shelter, cabinet, box or vault at the base of the support system within which are housed batteries and electrical equipment.

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, tank, tower, or other structure.

FREESTANDING TOWER: A tower not physically attached to a building or structure. The tower is attached to the ground by a foundation.

FULLY AUTOMATED WCF: A WCF with no on site personnel required for its daily operation.

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

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

LICENSED CARRIER: A company authorized by the FCC.

NONAUTOMATED WCF: A WCF with on site personnel.

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

OWNER: Any person with fee title or a long term (exceeding 10 years) leasehold to any parcel of land within the city who desires to develop, or construct, build, modify, or erect a tower upon such parcel of land.

PERSON: Any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit.

PHOTOSIMULATION: Computer generated photographs, renderings combining existing subject adjacent property conditions and improvements with proposed improvements.

PLANNING COVERAGE MAP: A map, maps, or plan on which are marked the service areas of other WCF sites operated by the applicant. The planning coverage map shall be considered exempt from disclosure pursuant to Idaho Code section 9-340, or as subsequently amended.

PUBLIC RIGHT OF WAY: Includes all public streets and utility easements owned by or dedicated to the city of Blackfoot, or other public entity.

RESIDENTIAL STRUCTURE: A building utilized exclusively for short or long term residential purposes.

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

STEALTH DESIGN: Any wireless telecommunications facility that is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof mounted antennas, antennas integrated into architectural elements, and towers designed to look other than like a tower, such as light poles, power poles and trees. The term stealth does not necessarily exclude the use of uncamouflaged lattice, guyed, or monopole tower designs.

UTILITY POLE: A telephone, electric, or cable television pole located in a street right of way.

TOWER: A self-supporting lattice, guyed, or monopole structure constructed from grade supports telecommunications facilities. The term tower shall not include amateur radio operators' equipment, as licensed by the FCC.

WATERWAY: A channel, natural or manmade, through which water runs.

WHIP ANTENNA: See definition of Antenna.

WIRELESS TELECOMMUNICATIONS FACILITY: Any 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, equipment buildings, shelters, cabinets, parking area, and other accessory development. However, telecommunications facilities shall not include any satellite earth station antenna two meters (2 m) in diameter or less that is located in an area zoned industrial or commercial; or any satellite earth station antenna one meter (1 m) or less in diameter, regardless of zoning category. (2003 Code § 11-07-03)

   A.   Application Required: No person shall build, erect, use or modify a wireless telecommunications facility (hereinafter WCF) upon any parcel of land within any zoning district unless: 1) a complete application to do so has been filed with the building inspection department; and 2) approval in the form of a WCF permit has been received from the appropriate body, subject to the provisions set out in this chapter. All WCFs are prohibited from interference with city and public safety communication systems and/or area television or radio broadcasts. Applications must be accompanied by the appropriate fee as set by resolution of the city council.

   B.   Anchor Restrictions: Guywires may only be used to anchor an antenna, antenna array, or support structure to an existing building to which the antenna, antenna array, or support structure is attached.

   C.   Residential Zones: In residential zoning districts, freestanding WCFs, including towers, are prohibited except on public school property used for school purposes. Freestanding WCFs also are prohibited within two hundred feet (200') of any residentially zoned parcel, regardless of the underlying zoning district on which the WCF might be located. WCFs attached to utility poles or facade attached to nonresidential buildings are allowed by administrative staff permit, subject to application procedures set out in this chapter and a twenty one (21) day notice and comment period requirement, and subject to the standards set out in this chapter, including those set out in section 11-7-18 of this chapter. Notwithstanding the foregoing regarding WCFs placed on public school property, the tower height in any event may not exceed the distance from the center of the tower at ground level to the edge of the school property.

   D.   Nonresidential Zones: In nonresidential zones, tower WCFs are permitted by means of an approved special WCF permit. Other WCFs are permitted subject to the provisions of this chapter.

   E.   Special Use Districts: Applications submitted for a WCF permit within a special use district, such as a nationally recognized historic district or site, must be accompanied by a certificate of appropriateness from the appropriate review board or commission of the city.

   F.   Exceptions:

      1.   The city council may approve a lease agreement or right of way use permit that allows a tower to be placed on city owned property in any zoning district within the city limits, without special WCF permit procedures being required, after a public hearing on the matter, if the city council deems it to be in the best interests of the city.

      2.   The planning and zoning commission may approve an application for a tower in a residential zone with a special WCF permit upon a satisfactory showing that applicant's coverage requirements necessitate location within that zone, and that the WCF can meet or exceed standards set out in this chapter. "Satisfactory showing" shall include certification from a qualified engineer as to the coverage requirements and insufficiency of other zoning districts to provide the same, and that a tower facility, rather than another WCF support system, is necessary. The applicant shall be responsible for all costs for professional services to provide information deemed necessary by the planning and zoning commission in order to reach its decision. Appeal from the decision may be made to the city council, provided the request is submitted, in writing, to the city clerk within ten (10) days following the issuance of the decision. (2003 Code § 11-07-04)

Based on potential aesthetic impact and subject to other restrictions set out in this chapter, the order of preference for approval of facility type is as follows: roof attached, facade attached, utility pole attached and freestanding tower. WCFs shall be located in the following priority order:

   A.   Collocation on an existing tower, structure or building. The applicant shall have the burden of proving that there are no feasible existing structures upon which to collocate as described below.

   B.   On city owned property.

   C.   In areas where the existing topography, vegetation, buildings and other structures provide the greatest amount of screening.

   D.   On other nonresidential buildings or vacant nonresidentially zoned land.

   E.   In residential districts (nontower facilities only) subject to restrictions in this chapter. (2003 Code § 11-07-05)

   A.   No new tower shall be permitted unless the tower is designed and built to be able to support another carrier's WCF comparable in weight, size, and surface area to the telecommunications facilities installed on said tower by the applicant. No new tower shall be permitted unless the applicant provides evidence of the failure of applicant's good faith effort to install or collocate the applicant's telecommunications facilities on city owned towers or usable antenna support structures or on towers located on property leased from the city located within a one-half (1/2) mile radius of the proposed tower site, including good faith efforts to negotiate lease rights, to no avail and evidence of the following:

      1.   Lack of existing towers or structures located within the geographic area required to meet the applicant's engineering requirements;

      2.   Insufficiency of design of existing tower or structures to meet applicant's engineering requirements as shown in the master development plan;

      3.   Insufficiency of existing towers or structures to support the proposed antenna and related equipment;

      4.   That the applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna; and/or

      5.   The fees, costs of contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for share are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

   B.   Collocation requests shall require only an administrative review and staff approval under the terms of the application procedures set out below. (2003 Code § 11-07-06)

   A.   Submittal: Applications shall be submitted to the building inspector department for review.

      1.   Nonresidential Districts: For permits requested in nonresidential districts for WCFs collocating on an existing structure, for WCFs attached to utility poles, or for WCFs whose installation on utility poles requires replacement of existing poles with poles no taller than seventy five feet (75'), the department is hereby authorized to issue an administrative permit upon its review and approval of an application submitted as set forth herein.

      2.   Residential Districts: For permits requested in residential districts for facade attached WCFs or other permitted WCFs, in addition to the application and supporting documentation required herein, the applicant shall provide the department with mailing labels for owners of real property within a three hundred foot (300') radius of the proposed WCF location. The department shall mail notices to said property owners informing them of the application, the proposed permit issuance date, and their right to submit written comments or protests regarding the application; provided, that said comments are submitted within twenty one (21) days of the date of said notice. For protests to be considered, there must be an allegation of facts, which, if accurate, show that the WCF will not or cannot substantially comply with the standards set out in this chapter, including the special WCF permit standards.

         a.   If no written protests are received before the proposed issuance date, the department may issue the permit, subject to the provisions of this chapter.

         b.   In the event the department approves a permit, if timely written protests have been received, the owners who submitted written protests shall be given written notice of the approval and their opportunity to appeal in writing to the department, within ten (10) days of the date of the notice. If an appeal is filed, the department shall notify the applicant of the appeal, set a date before the planning and zoning commission for its consideration and notify the applicant, any party having submitted comments, and the property owners described above, of the date, time and place of the hearing. The department shall prepare a staff report and forward the written comments and protests and all information it gathers to the planning and zoning commission, along with the original application for consideration of the commission. The planning and zoning commission shall conduct the hearing, analyze information, and issue written findings and a decision regarding issuance of the permit. The planning and zoning commission may apply conditions that it deems necessary to protect the health, safety and welfare of the citizens of the city in the event it decides to issue or uphold the issuance of the permit. Any aggrieved party who appeared in person or in writing before the department or the planning and zoning commission may file a written appeal with the city clerk within ten (10) days of the decision for hearing before the city council at the next available regular city council meeting. The city council shall review the record of the hearing below and the written appeal and may accept, reject or modify the decision. The city council may apply conditions that it deems necessary to protect the health, safety and welfare of the citizens of the city in the event it decides to issue or uphold the issuance of the permit.

   B.   Information Required: Applications must contain the following information:

      1.   Name, address and telephone number of the applicant, any coapplicants, and any authorized agents for the applicant and/or coapplicants. Written authorization bearing original signatures of the applicant and/or coapplicants shall be provided for any agent representing the applicant/coapplicants in this process. The applicant or coapplicant must be a licensed carrier and provide proof thereof with the application. The application must contain original signatures of the applicant and all coapplicants.

      2.   A complete legal description of the subject property.

      3.   A site plan drawn to a scale of no less than one inch equals twenty feet (1" = 20') specifying the following; provided, that the city may waive any or all of the following for WCFs attached to existing structures:

         a.   Location, type, and height of the proposed WCF, including setback measurements.

         b.   On site structures, land uses and zoning.

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

         d.   Fences, signs, exterior lighting and storm drainage.

         e.   Property lines with dimensions, adjacent land uses, structures and zoning.

         f.   Information demonstrating compliance with the standards of this chapter.

         g.   Existing watercourses, utility lines, easements, deed restrictions, and any built or natural features restricting the use of the subject property.

         h.   North arrow, scale and legend.

      4.   A landscaping plan (unless the WCF is to be attached to an existing building and all equipment is located within or on the building) drawn to the same scale as the site plan, clearly depicting all existing landscaping/vegetation and whether it will be removed or retained; all proposed landscaping complete with size, location and species of vegetation; specific depiction and notation of any features necessary to comply with the screening standards of this chapter.

      5.   Elevation drawing or before and after photographs/drawings simulating and specifying the location and height of the antennas, support structures, equipment enclosures and other accessory uses, fences and signs.

      6.   Elevations of proposed aboveground equipment enclosures.

      7.   A planning coverage map and/or maps on which are marked the service area of the facility for which application is being made and all applicant's WCF sites operating within the city limits and in the area of city impact as defined in Idaho Code. The map shall be drawn to a scale of no less than one inch equals five hundred feet (1" = 500').

      8.   Photosimulations of the proposed WCF from affected residential properties and public rights of way.

      9.   All information set out in the collocation requirement section of this chapter related to efforts at collocating facilities and all documentation necessary to show good faith efforts to comply with the siting and facility priority section of this chapter.

      10.   A description of the support structure or building upon which the WCF is proposed to be located, and the technical reasons for the design and configuration of the WCF.

      11.   A signed statement by the applicant certifying that any proposed tower can accommodate collocation of additional antennas and that the applicant shall enter into agreements for collocation with other providers.

      12.   A signed statement that the applicant agrees to remove the WCF and equipment within ninety (90) days after the site's use is discontinued; and that the WCF shall be designed and erected so as to comply with all EIA standards and applicable federal, state and city laws and regulations, including FAA regulations.

      13.   Certification that usage of the WCF will not interfere with other adjacent or neighboring transmission or reception functions.

      14.   Proof that the applicant is licensed with the FCC.

      15.   A completed right of way use permit application if the WCF is to be located within a public right of way if not on an existing utility pole.

      16.   The applicant must attach a copy of correspondence from the owner of the land and/or building on which the WCF is to be located, acknowledging the owner's approval of the use of the property for a WCF, the applicant's ability to enter into leases with other providers for collocation, and specifying the party responsible for removal of the WCF and attendant equipment within ninety (90) days of discontinuance of its use. (2003 Code § 11-07-07)

   A.   A roof attached WCF shall not exceed ten feet (10') above the highest portion of the roof membrane. The antenna and support system for whip antennas shall not exceed ten feet (10') above the highest portion of that roof, including parapet walls.

   B.   A facade attached WCF shall not extend higher than ten feet (10') above the facade to which it is attached.

   C.   A utility pole attached WCF may extend fifteen feet (15') above the height of the existing utility pole; provided, however, that the maximum height from grade to top of the entire structure may not exceed seventy five feet (75').

   D.   Towers are exempt from the maximum height restrictions of the districts where located. Tower height shall be measured from grade and shall include the tower structure itself, the base pad, and any other telecommunications facilities attached thereto that extend more than twenty feet (20') over the top of the tower structure itself.

   E.   Tower height shall be set as a condition of the special WCF permit. (2003 Code § 11-07-08)

No freestanding WCFs or equipment enclosures shall be located between the face of a structure and a public street, bikeway, park or residential development, except for approved facade attached WCFs. In addition to the foregoing prohibition and the setback standards established for individual zoning districts, the following regulations shall apply:

   A.   Utility Pole Attached WCF: None.

   B.   Facade Attached WCF: Maximum projection shall be eighteen inches (18").

   C.   Roof Attached WCF: The setback from the edge of the building shall be equal to the height of the antenna and support system as measured from the roof membrane.

   D.   Tower:

      1.   All towers up to one hundred feet (100') in height shall be set back on all sides a distance equal to the underlying setback requirement in the applicable zoning district.

      2.   Towers in excess of one hundred feet (100') in height shall be set back one additional foot per each foot of tower height in excess of one hundred feet (100'). Setback requirements may be modified, as provided in "Criteria For Site Plan Development Modifications", so that a tower can be placed so as to reduce its visual impact, e.g., adjacent to trees that may partially hide the tower.

      3.   Towers shall be separated from all residentially zoned lands by a minimum of two hundred feet (200') or one hundred ninety five percent (195%) of the height of the proposed tower, whichever is greater.

   E.   Equipment Enclosures: In accordance with the underlying zoning district. (2003 Code § 11-07-09)

   A.   WCFs shall be prohibited in wetlands, and may be prohibited in wetland buffer areas to minimize disturbance to the buffer areas.

   B.   No hazardous waste shall be discharged on the site of any WCF. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials. 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 materials stored or used on site.

   C.   Stormwater runoff shall be contained on site. Drainage plans and calculations must be submitted and approved.

   D.   Applicants locating WCFs within any floodplain shall comply with any additional placement standards required by the regulations for that area. (2003 Code § 11-07-10)

   A.   Facility lighting shall be designed so as to meet but not exceed minimum requirements for security, safety or FAA regulations. Lighting of antennas or support structures shall be prohibited unless required by the FAA. All lighting shall be designed so as to avoid glare and minimize illumination on adjacent properties and shall comply with all city regulations.

   B.   Signs shall be limited to those needed to identify the telephone numbers to contact in an emergency, public safety warnings, certifications or other required seals. These signs shall also comply with the requirements of the city sign code regulations. (2003 Code § 11-07-11)

If the WCF is nonautomated, sufficient off street parking must be provided to accommodate the maximum number of employees on site at any one time. (2003 Code § 11-07-12)

In addition to ingress and egress requirements of the adopted building code, ANSI, and such others as may be adopted by the city, access to and from WCFs and equipment shall be regulated as follows: (2003 Code § 11-07-13; amd. 2012 Code)

   A.   No WCF or equipment shall be located in any required parking, maneuvering or vehicle/pedestrian circulation area such that it interferes with, or in any way impairs, the intent or functionality of the original design.

   B.   The WCF shall be secured from access by the general public but access for emergency services must be ensured. (2003 Code § 11-07-13)

   A.   Facade Attached WCFs: Equipment enclosures shall be attached to the facade or roof of the support structure or placed or located underground if site conditions permit. Otherwise, equipment enclosures shall comply with applicable design standards set out below.

   B.   Utility Pole Attached WCF:

      1.   Attachment: Only one WCF shall be permitted on any one utility 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 shall be either fully concealed within the utility pole or camouflaged to appear to be an integral part of the utility pole. An antenna not flush mounted on the side of the utility pole shall be centered on the top of the utility pole to which it is attached and utilize stealth design.

      2.   Utility Separation: In the event that a utility located upon the utility pole requires vertical separation between its utility facilities and the antenna so attached, the antenna may be raised by a support system or pole change out to accommodate the separation requirement to an elevation not exceeding an additional fifteen feet (15') or the required separation, whichever is less. Any such support shall not be greater in diameter than the existing utility pole and shall be designed to blend into the colors and textures of the existing utility pole.

      3.   Equipment Enclosures: No equipment enclosure may exceed six (6) cubic feet in volume. An underground equipment enclosure may be connected to an aboveground enclosure for a combined total volume of no greater than twelve (12) cubic feet. No single dimension of any aboveground equipment enclosure shall exceed three feet (3') and the structure shall be situated so as to minimize its visual impact, including screening with evergreen landscaping.

      4.   Utility Relocation: In the event utilities located on a utility pole are relocated underground, the WCF shall be relocated underground or to another location pursuant to the requirements of this chapter. (2003 Code § 11-07-14)

The planning and zoning commission may approve a special use WCF permit, after public hearing, upon a satisfactory showing that the proposal has met the standards and conditions set out in this chapter. The planning and zoning commission may establish conditions as it deems necessary to preserve the health, safety, and welfare of the public. Any substantial or significant change or addition to a special permit shall require a new permit application. (2003 Code § 11-07-15)

Applications for special use WCF permits shall be filed with the building inspection department that shall be responsible for scheduling the hearing before the planning and zoning commission. Applications shall be accompanied by fees as set by resolution of the city council. The applicant must provide mailing labels for all owners of property within three hundred feet (300') of the proposed site. The department shall mail notices to said property owners and publish a public hearing notice in the local newspaper at least fifteen (15) days prior to the hearing. The department shall prepare a staff report and forward all information it gathers to the planning and zoning commission along with the application for consideration at the hearing. The planning and zoning commission shall conduct the hearing, analyze information, and issue written findings and a decision. Any aggrieved party may file a written appeal with the city clerk, within ten (10) days of the decision, for hearing before the city council at the next available regular city council meeting. The city council shall review the record of the hearing below and the written appeal and may accept, reject or modify the decision. The city council may impose any additional conditions that it deems necessary in order to protect the health, safety and welfare of the citizens in the event it decides to issue, or uphold the issuance of, the permit. (2003 Code § 11-07-16)

An applicant must demonstrate that all reasonable steps have been taken to comply with the strict terms of this chapter and that a special use permit is the sole solution. The following standards are to be utilized in reviewing any application for a special use WCF permit:

   A.   The WCF should not create an unreasonable hardship upon surrounding property owners.

   B.   The WCF should not unduly disrupt pedestrian, vehicular or air travel.

   C.   The WCF should not adversely affect public utilities, public parks or the natural environment to a greater degree than uses permitted outright in the zoning district.

   D.   The placement of the WCF should be consistent with the purposes set forth in this chapter.

   E.   The WCF should be designed to be compatible in appearance and layout with adjacent uses.

   F.   The WCF should be designed so as to minimize any adverse effects on adjoining land. (2003 Code § 11-07-17)

   A.   Hazard Assessment: Applicant must supply written, technical evidence from a qualified engineer acceptable to the fire department and the building official that the proposed site of the tower or telecommunications facilities does not pose a risk of explosion, fire or other danger to life or property due to its proximity to volatile, flammable, explosive, or hazardous materials such as LP gas, propane, gasoline, natural gas, or corrosive or other dangerous chemicals.

   B.   Setbacks: Setback requirements for a tower shall be measured from the base of the tower to the property line of the parcel of land on which it is located. Setback requirements may be modified so that a tower can be placed so as to reduce its visual impact, e.g., adjacent to trees that may partially hide the tower. (2003 Code § 11-07-18)

   C.   Structural Requirements: All towers must be designed and certified by an engineer to be structurally sound and, at minimum, be in conformance with the adopted building code and any other standards outlined in this chapter. All towers in operation shall be affixed to land. (2003 Code § 11-07-18; amd. 2012 Code)

   D.   Separation Or Buffer Requirements: For the purpose of this section, the separation distances between towers shall be measured by drawing or following a straight line between the base of the existing or approved structure and the proposed base, pursuant to a site plan of the proposed tower, drawn to scale. Tower separation distances from residentially zoned lands shall be measured from the base of a tower to the closest point of residentially zoned property. The minimum tower separation distances from residentially zoned land and from other towers shall be calculated and applied irrespective of city jurisdictional boundaries.

      1.   Towers shall be separated from all residentially zoned lands by a minimum of two hundred feet (200') or a distance equal to one hundred ninety five percent (195%) of the height of the proposed tower, whichever is greater.

      2.   Proposed towers must meet the following minimum separation requirements from existing towers or towers that have a development permit but are not yet constructed at the time a development permit is granted pursuant to this chapter:

         a.   Monopole tower structures shall be separated from all other towers, whether monopole, self-supporting lattice, or guyed, by a minimum of three hundred feet (300').

         b.   Self-supporting lattice or guyed tower structures shall be separated from all other self-supporting or guyed towers by a minimum of nine hundred feet (900').

         c.   Self-supporting lattice or guyed tower structures shall be separated from all monopole towers by a minimum of three hundred feet (300').

   E.   Illumination: Towers shall not be artificially lighted except as required by the federal aviation administration (FAA).

   F.   Exterior Finish: Towers not requiring FAA painting or marking shall have an exterior finish that enhances compatibility with adjacent land uses, as approved by the planning and zoning commission.

   G.   Landscaping: All landscaping on a parcel of land containing towers, antenna support structures or telecommunications facilities shall be in accordance with the applicable landscaping requirements in the zoning district where the tower, antenna support structure or telecommunications facilities are located. The city may require landscaping in excess of the requirements in this code in order to enhance compatibility with adjacent land uses. (2003 Code § 11-07-18)

   H.   Access: All fire department and adopted fire code standards regarding emergency vehicle access must be complied with, unless waived by the city. (2003 Code § 11-07-18; amd. 2012 Code)

   I.   Stealth Design: All towers not located in an industrial zoning district shall be of stealth design, unless an exception is granted by the city council. (2003 Code § 11-07-18)

All WCFs shall meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the WCFs governed by this chapter shall bring said WCFs into compliance with the revised standards and regulations within six (6) months of the effective date of the revised standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring WCFs into compliance with such revised standards and regulations shall constitute grounds for the removal of the WCF at the owners' expense upon fifteen (15) days' written notice via normal first class mail. (2003 Code § 11-07-19)

The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas shall not be negatively affected by support structure failure, falling ice or other debris or interference. All support structures shall be fitted with anticlimbing devices, as approved by the manufacturer. (2003 Code § 11-07-20)

   A.   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 that 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, and remove the WCF at owner's expense, at its sole option upon fifteen (15) days' written notice via normal first class mail.

   B.   Tower owners shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injuries or nuisances to the public. Tower owners shall install and maintain towers, telecommunications facilities, wires, cables, fixtures, and other equipment in substantial compliance with the requirements of the national electrical safety code and all FCC, state and local regulations, and in such manner that will not interfere with the use of other property. All towers, telecommunications facilities and antenna support structures shall at all times be kept and maintained in good condition, order and repair so that the same shall not menace or endanger the life or property of any person. All maintenance or construction of towers, telecommunications facilities or antenna support structures shall be performed by city and state licensed maintenance and construction personnel. All tower owners shall maintain the towers in compliance with current RF emission standards of the FCC.

   C.   If, upon inspection, the city concludes that the tower fails to comply with such codes or standards and constitutes a danger to person or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring the tower into compliance with such standards. Failure to bring such tower into compliance within said thirty (30) days constitutes grounds for the removal of the tower at the owner's expense upon fifteen (15) days' written notice via normal first class mail.

   D.   In the event that the use of a tower is discontinued by the tower owner, the tower owner shall provide written notice to the city of its intent to discontinue use and the date when the use shall be discontinued and the tower removed from the premises. (2003 Code § 11-07-21)

   A.   New Permit Obtained: A new permit must be obtained prior to any proposed change or addition to any WCF; provided, that routine maintenance or replacement of any portion of the WCF with identical equipment in conformance with this chapter shall not require application for a new permit.

   B.   Existing Uses: All WCFs existing on the effective date hereof shall be allowed to continue their operation as they presently exist, subject to the terms of this chapter relating to abandonment or discontinuance of use. Routine maintenance shall be permitted, but construction involving the replacement of support structure apparatus, antennas, or any exterior alteration must be done in compliance with the terms of this chapter.

   C.   Exception: Emergency service WCFs may obtain a waiver from the city council if required for preserving the public health and safety. Issuance of the waiver shall require a public hearing and a finding on the part of the city council that the modifications cannot comply without undue burden on the citizens of the city. (2003 Code § 11-07-22)

   A.   Construction or activation of a WCF shall commence within ninety (90) days of approval of the WCF permit or the permit shall be null and void. A ninety (90) day written extension approval may be granted by the building inspection department due to weather conditions or other extenuating circumstances beyond the control of the applicant as determined by the building inspection department, after written request by the permittee.

   B.   At such time that a licensed carrier plans to abandon or discontinue operation of a WCF, the carrier shall notify the city by first class 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, effective the day of discontinuance.

   C.   The carrier shall remove the WCF no later than ninety (90) days after the date of abandonment or discontinuation, properly dispose of all waste materials from the site in accordance with local and state solid waste disposal regulations, and restore the location to its before use state, landscaping and grading excepted. Removal shall include, but not be limited to, removal of antennas, support structures, equipment enclosures and security barriers from the subject property.

   D.   If a carrier fails to remove a WCF in accordance with this section, the city may cause the facility to be removed and all expenses of removal, disposal and restoration shall be paid by the owner of the land where the facility is located. (2003 Code § 11-07-23)

All resolutions, ordinances or parts of ordinances in conflict herewith are hereby repealed. (2003 Code § 11-07-25)