Blaine County Unincorporated
City Zoning Code
City Zoning Code
CHAPTER 3
GENERAL PROVISIONS
9-3-1: HOME OCCUPATIONS:
A. Tier 1 home occupations, allowed as accessory uses in all zoning districts except Resource Conservation District (RC-160) and Heavy Industrial District (HI), shall meet all the following criteria:
1. Shall be conducted by the inhabitant(s) of the dwelling only, with no non-resident employees.
2. Shall use less than one-fourth (1/4) the gross floor area of the dwelling unit.
3. Shall have no outdoor display or storage associated with the home occupation.
4. Shall not emit noise, vibration, smoke, dust, odors, heat or glare which is noticeable at or beyond its own property lines.
5. Shall not generate traffic exceeding that of regular traffic patterns for local streets (as identified in the current ITE Trip Generation Manual).
B. Tier 2 home occupations are those that do not meet all of the criteria of subsections A1 through A5 of this section. Tier 2 home occupations requiring a conditional use permit are subject to the specific conditions set forth in subsection 9-25-5E of this title. (Ord. 2019-03, 1-8-2019)
9-3-2: OBJECTIONABLE USES PROHIBITED:
Any use which constitutes a public nuisance, as defined in Idaho Code sections 52-101 and 52-102, is prohibited. (Ord. 77-5, 3-28-1977, eff. 4-7-1977)
9-3-3: SLOPE CLAUSE:
No site alteration or structural use may occur on any hillside land whose slope exceeds twenty five percent (25%), or fifteen percent (15%) in the scenic corridor 1, except as authorized in chapter 21 of this title. (Ord. 98-1, 1-7-1998; Ord. 91-15, 11-25-1991; Ord. 77-5, 3-28-1977, eff. 4-7-1977)
9-3-4: CONVERSION OF ACCESSORY BUILDING PROHIBITED:
No accessory building on the same lot as an existing principal residential dwelling unit shall be converted to residential use except in conformance with section 9-3-11 of this chapter. (Ord. 95-5, 4-3-1995; Ord. 77-5, 3-28-1977, eff. 4-7-1977)
9-3-5: LOT OF RECORD AND PERMIT REQUIREMENTS:
A. Lot Of Record: A single lot of record is entitled to one permitted single-family dwelling subject to titles 7, "Building Regulations", 9, "Zoning Regulations", and 10, "Subdivision Regulations", of this Code.
B. Permit Required: It shall be unlawful to commence construction on any building without having first obtained a valid written building or setback permit. All habitable buildings shall be required to obtain a building permit. Agricultural buildings as defined in § 7-1-3 (I) are required to obtain an agricultural building setback permit.
C. Building Envelopes (Platted) (Refer To Title 10, Chapter 2, "Definitions"): Proposed construction shall comply with platted building envelopes. In subdivisions where historically development has occurred with a portion of buildings or structures outside the platted building envelope, the Administrator may determine exceptions.
D. Application Review; Notice; Appeal: The Administrator, in consultation with the County Engineer or his/her designated representative, shall review all applications for building or other permits and all applications for development proposals filed with the County, including those filed pursuant to this title and title 10 of this Code, and determine whether: 1) the application is complete, and 2) the use or activity contemplated by the application is subject to provisions of this Code relating to a special use overlay district or requires an additional special use, conditional use or other permit. If the Administrator determines that a permit or application is incomplete or requires application for an additional permit, the Administrator shall so notify the applicant in writing. Any person aggrieved by such written notice from the Administrator may appeal the Administrator's decision to the Board according to the procedures and time requirements of section 9-32-3 of this title. If no appeal is taken, the applicant shall have sixty (60) days from the date of the Administrator's written notice to submit the requested additional information or file the requested application for additional permit. For good cause shown, one extension of sixty (60) days may be granted by the Administrator upon written request. If the applicant does not timely submit the requested additional information or file the requested application for additional permit, the application for permit or development proposal shall be deemed withdrawn by the Administrator.
E. Permitted And Accessory Uses Located Within A Wellhead Protection Area: The Administrator or building official may require that the applicant solicit and document the request for written agency comment from Idaho Department of Environmental Quality, or other appropriate agency, including, but not limited to, the owner of public water systems for projects located in the General Commercial Zoning District, Light Industrial Zoning District, and Heavy Industrial Zoning District that may involve potential contaminant sources or potential contaminants as set forth in appendix A on file in the County, prior to administrative review of building and other permits for zoning compliance and prior to issuance of a building permit. The Administrator or building official may consult with the County Engineer or his/her designated representative or Idaho Department of Environmental Quality (IDEQ) or both at the expense, if any, of the applicant. Construction and operation of uses within a wellhead protection area shall conform to Best Management Practices for those potential contaminant source activities. (Ord. 2023-01, 1-3-2023; Ord. 2018-03, 2-13-2018; Ord. 2008-05, 3-11-2008; Ord. 2006-13, 10-26-2006; Ord. 2006-08, 6-29-2006; Ord. 98-1, 1-7-1998; Ord. 95-1, 1-9-1995; Ord. 77-5, 3-28-1977, eff. 4-7-1977)
9-3-6: CERTIFICATE OF OCCUPANCY REQUIRED:
No building or structure for which valid permits have been issued shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until applicable conditions of the permits have been met and the building official has issued a certificate of occupancy. (Ord. 2018-03, 2-13-2018)
9-3-7: SEWAGE TREATMENT APPROVAL:
Sewage disposal facilities for all residential dwelling units must be approved either by the South Central Idaho Health District or by the Idaho Department of Health and Welfare, Division of Environment. (Ord. 77-5, 3-28-1977, eff. 4-7-1977)
9-3-8: DENSITY TRANSFER:
Developable density transfers shall occur only through the planned unit development process, cluster developments, or the Voluntary Transfer of Development Rights Program, in accordance with title 10 of this Code. (Ord. 2018-03, 2-13-2018)
9-3-9: SCHEDULE OF FEES:
A. Filing Fees: Those applications referred to in this title may have a fee established for the processing of the application. The fees shall be paid to the County and deposited with the Administrator. No action shall be taken on an application until all applicable fees have been paid in full.
B. Adoption Of Schedule: Fees shall be established by resolution passed and adopted by the board of commissioners and shall take effect on the date of adoption. (Ord. 77-5, 3-28-1977, eff. 4-7-1977)
9-3-10: STRUCTURE SETBACKS:
A. Setbacks are described in each corresponding zoning district; additionally,
B. All structures along Highway 75 shall be set back a minimum of one hundred feet (100') from the edge of the right of way. Utilities and driveways are exempt. Signs within this setback are regulated in chapter 29 of this title. Fences, walls, earthen structures and landscape are regulated in chapter 21A of this title. Address markers are regulated in section 7-7-5
of this code.
C. All structures adjacent to public land shall be subject to a thirty foot (30') setback from the lot line bordering federally managed and Idaho Department of Lands public land, to ensure thirty feet (30') of defensible space as required by section 7-7-5(H). (Ord. 2025-08, 8-26-2025; Ord. 2009-09, 12-22-2009)
9-3-11: ACCESSORY DWELLING UNIT(S) AND TINY HOME ON WHEELS:
The purpose of the accessory dwelling unit and Tiny Home on Wheels regulations is to define an accessory dwelling unit and Tiny Home on Wheels; address under what circumstances it is appropriate to allow increased density on a lot; and address the impacts an accessory dwelling unit or Tiny Home on Wheels may have on the surrounding area such as sanitation, increased traffic and compatibility with the neighborhood.
A conditional use permit obtained from the commission or hearing examiner may be required for an accessory dwelling unit or Tiny Home on Wheels as required below in sections 9-3-11A1, A2 and A4. Notice and hearing procedures contained in chapter 25 of this title shall be followed. The application shall be subject to the provisions contained herein and the standards of evaluation contained in subsections 9-25-3A3 and A4 of this title.
Tiny Home on Wheels shall be regulated in the same way as Accessory Dwelling Units and are subject to the standards herein except where specifically noted.
A. Standards: The following standards shall be met prior to issuance of a building permit for an accessory dwelling unit or a zoning review for a Tiny Home on Wheels:
1. On lots of less than one acre in size and on an Idaho Department of Environmental Quality regulated community water system or municipal water system, where allowed by South Central Public Health District (a variance from South Central Public Health District may be required) and with a will-serve letter from the Certified Water Operator for the system, one accessory dwelling unit or one Tiny Home on Wheels may be allowed under a conditional use permit.
2. On lots of one acre to less than two (2) acres in size, where allowed by South Central Public Health District (a variance from South Central Public Health District may be required), one accessory dwelling unit or one Tiny Home on Wheels may be allowed under a conditional use permit.
3. On lots of two (2) acres to less than five (5) acres in size, one accessory dwelling unit or one Tiny Home on Wheels shall be a permitted use.
4. On lots of five (5) acres or greater in size:
a. One accessory dwelling unit or one Tiny Home on Wheels shall be a permitted use.
b. A second accessory dwelling unit or second Tiny Home on Wheels may be allowed under a conditional use permit.
B. Restrictions: All accessory dwelling unit(s):
1. Shall be limited to a maximum one thousand two hundred (1,200) square foot floor area. Said floor area shall be the total of all floor areas as measured from the exterior face of the exterior walls. ADU garage space up to an additional one thousand two hundred (1,200) square feet is allowed. ADU’s that have floor area of four hundred (400) square feet or less shall use requirements in International Residential Code, Appendix Q - Tiny Houses.
a. The area encompassing the mechanical system shall be included in the square footage calculation. If the mechanical equipment is located in the crawl space or the attached ADU garage, it shall be exempt from the square footage calculation.
b. Stairs shall be excluded from the square footage calculation.
c. When an attic roof truss system creates an unusable and inaccessible attic space between the interior and exterior wall, the floor area measurement shall be taken from the outside of the interior wall;
2. Shall be allowed in the A-20, A-40, R-10, RR-40, R-5, R-21/2, R-2, R-1, R-.4, R-1/4, and RD zoning districts and shall not be allowed in any designated overlay district; except where an accessory dwelling unit is proposed in the floodplain overlay district (see subsection B3 of this section) or on property located within the CH overlay district that is not part of a CH-PUD; or within the MOD and within a platted building envelope or categorically excluded pursuant to section 9-21-4 of this title;
3. May be allowed in the floodplain overlay district as a residential use only upon approval by the commission or the hearing examiner of a conditional use permit pursuant to chapter 17 of this title and these provisions;
4. Shall meet setbacks for the zoning district in which it is located;
5. Shall require a building permit;
6. Shall be located on the same lot as the principal residential dwelling unit;
7. Shall provide for one parking space in addition to the minimum required for the principal residential dwelling unit;
8. All parking for an ADU must be contained on-site. No parking is allowed on the street.
9. Shall be prohibited on any lot less than one acre in size, regardless of the applicable zoning district, unless on an Idaho Department of Environmental Quality regulated community water system or municipal water system, has approval from South Central Public Health District and obtains a conditional use permit;
10. May be part of an accessory building containing other accessory uses, as allowed in the zoning district provided that: a) the gross floor area of the non-ADU portion of the accessory building does not exceed seventy five percent (75%) of the gross floor area of the primary residence; b) the accessory dwelling unit portion of the building satisfies all applicable regulations; c) the floor area of the accessory dwelling unit and garage associated therewith is separate and distinct from other accessory uses contained within the same building.
C. Restrictions: All Tiny Homes on Wheels:
1. The proposed moveable Tiny Home on Wheels is licensed and registered with the Idaho Transportation Department Division of Motor Vehicles.
3. The Tiny Home on Wheels shall be connected to the water and wastewater system serving the primary residence, as inspected by the South Central Public Health District (wastewater) and the State of Idaho Plumbing Program (potable water connection).
4. Wheels may not be removed from the Tiny Home. Applicant/owner of the Tiny Home on Wheels shall be responsible for placement of the Tiny Home on Wheels per manufacturers specifications.
5. No exterior additions such as porches, lean-tos or sheds are permitted, with the exception of factory-fabricated porches and decks lower than eighteen inches (18") in height.
6. Tiny Homes on Wheels shall comply with 9-3-11.B.2, 3, 4, 6, 7, 8 and 9, and 9-3-11C.1-6 to ensure standards are met. Zoning approval shall terminate in five (5) years and may be renewed if the zoning standards at that time are met. If Tiny Homes on Wheels are removed from Blaine County Code as an allowable use, no structure shall be considered legally non-conforming.
7. Tiny Home on Wheels Permit Required.
1. Inspection Stages 1-5 of the most recent NOAH ANSI+ Standard Inspection Guides 5 shall be certified complete and approved by NOAH and submitted to the Blaine County Zoning Department.
2. Additional requirements based on Blaine County's climatic conditions:
a. Minimum insulation R-values: Walls R-19, floors R-20 and roof /ceiling R-28. Vapor retarders shall be in accordance with the International Residential Code.
b. Windows and doors: Shall have a maximum .30 U-factor.
c. Roof Snow Load: Shall meet the site specific requirements set forth in 7-1-3,(01), (M).
d. Skirting - Insulated skirting is required.
E. Sunset Provision: All references to Tiny Home on Wheels within 9-3-11 and 9-2-1 including all of Sections 9-3-11.C and 9-3-11.D. shall be effective from 5/17/2022 until 5/17/2027. It shall be null and void as of that date unless re-adopted by ordinance. (Ord. 2025-08, 8-26-2025; Ord. 2023-01, 1-3-2023; Ord. 2022-03, 6-15-2022; Ord. 2021-09, 6-15-2021; Ord. 2011-01, 1-18-2011; Ord. 2007-02, 3-20-2007; Ord. 2006-11, 8-22-2006; Ord. 2006-08, 6-29-2006; Ord. 2004-04, 6-7-2004; Ord. 2001-08, 9-10-2001; Ord. 95-5, 4-3-1995)
9-3-12: SETBACK FOR NEW COMMERCIAL AND LIGHT INDUSTRIAL STRUCTURES:
New commercial and light industrial structures or uses along Highway 75 shall be set back a minimum of one hundred feet (100') from the property line. (Ord. 77-5, 3-28-1977, eff. 4-7-1977)
9-3-13: PLANNED UNIT DEVELOPMENTS (PUDs):
Planned unit developments may be allowed only in the following districts: R-10, R-5, R-21/2, R-2, R-1, R-.4, R-1/4, RD, commercial, light industrial and heavy industrial. Planned unit developments may be allowed in the A-20 district, but only under the following circumstances:
B. When land zoned A-20 is contiguous to land in the same ownership that is zoned R-5 or R-10, the base density of the A-20 parcel may be transferred to the contiguous R-5 or R-10 land if development restrictions are placed on the A-20 parcel to restrict all future residential and nonresidential development, except that associated with agricultural purposes. (Ord. 2006-07, 6-29-2006; Ord. 95-1, 1-9-1995)
9-3-14: DAYCARE FACILITIES:
A. Intent: Blaine County recognizes that the need to establish reasonably priced and closely located childcare facilities is a nationwide concern and is being addressed throughout the country. In order for working parents to continue working or because only a two (2) income family can maintain a reasonable standard of living, parent(s) must be able to find affordable local care for their children. This is not always available in the commercial area of the cities where higher costs and less attractive physical facilities are centered. In an effort to achieve an equitable balance between the private property rights of neighbors and the community needs for childcare facilities, this title is amended to provide a separate section to establish the county's desire to accommodate such facilities. Blaine County recognizes that the impact of initial and subsequent daycare facilities in a neighborhood may differ and that subsequent daycare facilities in a neighborhood may create excessive noise and traffic in residential areas requiring the denial of an application of a conditional use permit for a daycare facility. By approving the concept of childcare facilities in residential areas with appropriate limits, the county is adding its recognition of the importance of childcare to the concerns being expressed throughout the United States and sending a message of support for this service within Blaine County.
B. Definitions: As used in this section, the following words and terms shall have the meanings ascribed to them in this subsection:
DAYCARE CENTER: A home providing daycare for thirteen (13) or more children under twelve (12) years of age.
DAYCARE FACILITY: Means and includes a group daycare facility and a daycare center.
GROUP DAY CARE FACILITY: A home providing day care for five (5) to twelve (12) children under twelve (12) years of age.
The number of children allowed in a group day care facility does not include the care givers' own children and refers to the number of children during any given time.
C. Conditional Use:
1. Prohibited In Light Or Heavy Industrial Districts: Any group day care facility or day care center shall obtain a conditional use permit pursuant to Chapter 25 of this Title. No day care facility may be established in either a Light Industrial or Heavy Industrial District. Day care centers will be allowed in only a General Commercial District.
2. Standards Of Evaluation: The standards of evaluation set forth in subsection 9-25-3A of this Title shall be evaluated before the issuance of any conditional use permit for a day care facility except evidence of traffic generated by vehicles dropping off and picking up children staying at a day care facility will not be the controlling factor in the approval or denial of a conditional use permit for a day care facility located in a residential or agricultural district. Evidence of sounds made by children at a day care facility will not be deemed "excessive noise" unless the noise on an effected landowner's property is greater than sixty (60) dba. The point on a complaining neighbor's property for measurement of noise will be the nearest side of the complaining neighbor's house to the child care facility. Furthermore, the provisions set forth in Section 9-3-1 of this Chapter shall not be considered in an application for a conditional use permit for a day care facility. The occasional care of a neighbor's, relative's or friend's child or children by a person not ordinarily in the business of child care shall not be considered a conditional use and will not require a conditional use permit.
4. Requirements And Standards To Be Continued: Any approved day care facility shall continue to meet the requirements and standards of a conditional use permit for a day care facility and failure to continue to meet the requirements and standards shall result in the revocation of a conditional use permit for a day care facility. Existing day care facilities which are sold or otherwise transferred to another individual or entity shall obtain a new conditional use permit and licenses.
5. Expiration: Each conditional use permit for a day care facility shall expire after two (2) years unless the Commission has previously granted a lesser expiration period. Thirty (30) days before any expiration period, the applicant shall notify the Administrator who will review the conditional use permit for compliance with this Title and with any previously imposed conditions. If deemed necessary by the Administrator, the Commission shall hear public comment and review the conditional use permit pursuant to the standards of this Title. No fee is required for renewal of a conditional use permit.
D. Mandatory Requirements:
1. State Basic Day Care License: Any approved day care facility shall comply with the provisions of Idaho Code, chapter 11, title 39, and any approved day care facility shall obtain and maintain a current basic day care license from the Idaho Department of Health and Welfare pursuant to Idaho Code, chapter 11, title 39. A basic day care license shall be renewed every two (2) years and proof of renewal shall be furnished to the Blaine County Planning and Zoning Office.
2. Radon Test: Any approved day care facility shall submit to a radon test and show proof indicating radon levels for the facility below four (4) pico curies per liter. A radon test will be conducted at the lowest level of the facility at which the children will normally be in attendance. A new radon test showing compliance with the standards stated herein will be required before renewal of a conditional use permit.
3. Hours Of Operation In Residential And Agricultural Zones: Any approved group day care facility in residential and agricultural zones shall operate only on Monday through Friday between the hours of six thirty o'clock (6:30) A.M. and six thirty o'clock (6:30) P.M. The maximum number of children in any group day care facility on weekdays shall not exceed twelve (12) children at any one time nor more than eighteen (18) children between six thirty o'clock (6:30) A.M. and six thirty o'clock (6:30) P.M. Group day care facilities in residential and agricultural zones may provide day care for no more than four (4) children during any one day on weekends or on Federal and state holidays and for no more than four (4) children on weekdays between six thirty o'clock (6:30) P.M. and six thirty o'clock (6:30) A.M. All children in group daycare facilities on weekends or federal and state holidays shall remain indoors until ten o'clock (10:00) A.M.
4. Weekends And Holidays: Except as provided herein, any approved daycare facility shall not operate on a Saturday, Sunday and federal or state holidays.
5. Exterior Play Areas: Any approved daycare facility with exterior play areas for children shall be fenced if the facility is near major roads or water hazards, or if deemed necessary for the safety of the children.
6. Parking Facilities: Any approved daycare facility shall provide adequate and safe parking facilities for pick up and drop off of children and shall not create any traffic hazards. If deemed necessary, the conditions for parking and prevention of traffic hazards may include, but are not limited to, paving, lighting, snow removal and installing reflectors and safety signs.
7. Signs: Any approved daycare facility shall not post any sign for advertisement purposes.
8. Inspections: Any approved daycare facility must consent to unannounced inspections by the staff of the Blaine County planning and zoning department to determine whether the facility is complying with the conditions of any conditional use permit for a daycare facility.
9. Health District Approval: Any approved daycare facility must obtain a letter of approval from the South Central health district.
10. Actions By Commission: The conditions set forth in section 9-25-5 of this title may be attached to any conditional use permit for a daycare facility.
11. CPR On Premises: Any approved daycare facility shall ensure that there is at least one person on the premises who has attended and completed a basic cardiopulmonary resuscitation (CPR) course and has received a current certificate of completion for the CPR course.
12. Smoking: Any approved daycare facility shall not allow smoking on the premises when children are in attendance.
13. List Of Children And Pertinent Information: Any approved daycare facility shall post in a conspicuous place a current list with the child's name, age, home address and parent's or custodian's home and work phone numbers.
Failure to maintain any of the conditions set forth in this subsection may be reviewed by the commission and may result in the revocation of a conditional use permit for a daycare facility.
E. Enforcement: Operation of a daycare facility without a conditional use permit or in violation of an issued conditional use permit is a misdemeanor and subject to penalty as provided in section 1-4-1 of this code. Each day that such a violation continues shall constitute a separate criminal offense. Any landowner, tenant, subdivider, builder, public official or other person who commits, participates in, assists in or maintains such violation may be found guilty of a misdemeanor.
F. Disclaimer: The issuance of a conditional use permit for any daycare facility shall not constitute a representation or affirmance to any person that the facility is free from risk with regard to the standards under state law, county ordinance or as a condition of a conditional use permit. The county, its political subdivisions and its employees or agents shall not be liable for nor shall a cause of action exist for any loss or damage based upon the failure of any person or daycare facility to meet the standards under state law, county ordinance or as a condition of a conditional use permit. (Ord. 88-5, 1-12-1989; Ord. 77-5, 3-28-1977, eff. 4-7-1977)
9-3-15: ROAD AND DRIVEWAY ACCESS STANDARDS FOR EMERGENCY VEHICLES:
A. All new driveways or roads, public or private, which are located on the applicant's property, shall be provided and maintained in accordance with the provisions of the international fire code fire apparatus access road standards, as may be amended and adopted by the state of Idaho or the county of Blaine. Aggrieved parties may appeal the decision of the applicable fire chief, fire code official or building official to the appointed board of appeals as set forth in the applicable Blaine County fire protection ordinance.
B. All new driveways or roads, public or private, across hillside slopes that exceed twenty five percent (25%) shall be constructed in accordance with the standards set forth in chapter 21, "Mountain Overlay District (M)", of this title.
C. Fire apparatus access roads standards in the fire code is amended to provide the exception as follows: When fire apparatus access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, one single-family structure under one thousand two hundred (1,200) square feet may be allowed, provided spark arresters, clearance from surrounding vegetation, noncombustible roof materials and required fire control equipment are used, and further provided, that all other requirements contained in this title and title 10 of this code have been met. (Ord. 2006-15, 10-26-2006; Ord. 91-15, 11-25-1991)
9-3-16-1: PURPOSE AND INTENT:
The purpose and intent of this section 9-3-16 is to provide for an appropriate method of review, evaluation and decision upon conditional use permit applications for wireless communication facilities, provide for the timely processing of applications, and preserve community values expressed in the comprehensive plan. These regulations seek to preserve the natural beauty as exhibited by the mountainous terrain that is the cornerstone of Blaine County's recreation industry, and ensures a quality of life that is important to the county's residents. Blaine County derives many of its community values and environmental quality from the way it appears to residents, visitors and those passing through. These regulations recognize that the location, siting and design of wireless communication facilities is first and foremost a land use issue, which considers the impact of wireless communication facilities on the surrounding natural and manmade environments.
The goals of this section 9-3-16 are to: a) allow for various types of wireless communications facilities subject to location, siting and design standards; b) require wireless communication facilities to be sited in a manner that eliminates to the greatest extent possible, the visual impact of wireless communication facilities; c) promote wireless communications facilities that are compatible with surrounding land uses; d) protect the beauty of the natural environment by eliminating the potential visual blight of wireless communication facilities to the greatest extent possible; and e) safeguard the health, safety, general welfare, and property values of the community.
These wireless communication facility regulations are consistent with the limitations of section 704 of the telecommunications act, as adopted by the U.S. congress, that defines personal wireless services and personal wireless service facilities and preserves local zoning authority over decisions regarding the placement, construction, and modification of personal wireless service facilities except for five (5) limitations. The first limitation is that a local government shall not unreasonably discriminate among providers of functionally equivalent services. The second limitation is that a local government shall not prohibit or have the effect of prohibiting the provision of personal wireless services. The third limitation is that a local government shall act on any request for authorization to place, construct, or modify personal wireless service facilities within a reasonable period of time after the request is filed. The fourth limitation is that a local government shall put any decision to deny a personal wireless service facility into writing and support such decision by substantial evidence contained in a written record. The fifth limitation is that a local government shall not regulate personal wireless service facilities on the basis of the environmental effects of radio frequency emission to the extent that such facilities comply with the federal communication guidelines. Section 704 of the telecommunications act does not pertain to radio and broadcast facilities, which are subject to local zoning regulations. It is the intent of Blaine County that these regulations apply uniformly to wireless communication facilities and broadcast service facilities as they have similar visual impacts on the surrounding area. (Ord. 2001-09, 10-1-2001)
9-3-16-2: DEFINITIONS:
ANTENNA: A whip (omnidirectional antenna), panel (directional antenna), disc (parabolic antenna) or similar device used for transmission and/or reception of radio frequency signals.
ANTENNA ARRAY: One or more whips, panels, discs, or similar devices used for the transmission or reception of radio frequency signals, which may include omnidirectional antennas (whips), directional antennas (panels), and parabolic antennas (discs). The antenna array does not include the "mount" as defined herein.
APPLICANT: The applicant for a WCF shall include the property owner, all personal wireless or broadcast service providers that will locate on the WCF, and the owner of the mount if different than the service providers or property owner.
BROADCAST SERVICE FACILITIES: A facility that transmits and/or receives broadcast signals for television and/or radio. Broadcast service facilities include antennas, microwave dishes, parabolic antennas, directional antennas and other types of equipment for the transmission or receipt of broadcast signals; towers or other structures supporting the equipment; equipment buildings, shelters, cabinets; parking area, and other accessory development.
CAMOUFLAGE: To disguise, mask or alter the appearance of a WCF so as to obscure the identity or true nature of the facility.
CARRIER: A company licensed by the federal communications commission (FCC) that provides wireless services. A tower builder is not a carrier.
CELLULAR: A form of personal wireless services operating in the 800 MHz spectrum, or its successor technology.
COLLOCATION: The use of a common mount or common site by two (2) or more wireless license holders or by one wireless license holder for more than one type of communications technology as well as placement of two (2) or more WCFs on adjacent properties.
COMMERCIAL MOBILE RADIO SERVICES (CMRS): Pursuant to section 704 of the telecommunications act of 1996, any of several technologies using radio signals at various frequencies to send and receive voice, data and video; a form of personal wireless services. According to the FCC, these services are "functionally equivalent services". Section 704 of the telecommunications act prohibits unreasonable discrimination among functionally equivalent services.
CONCEAL: To enclose a WCF within a natural or manmade feature resulting in the facility being either invisible or made part of the feature enclosing it.
DISGUISE: See definition of Camouflage.
ELEVATION: The measurement of height above mean sea level.
ENHANCED SPECIALIZED MOBILE RADIO (ESMR): Private land mobile radio with telephone services.
EQUIPMENT CABINET/EQUIPMENT SHELTER: An enclosed structure at the base of the mount within which are housed the equipment for the WCF such as batteries and electrical equipment.
FALL ZONE: The area within a prescribed radius from the base of a WCF. The fall zone is the area within which there might be a potential hazard from falling debris or a collapsing mount.
FEDERAL COMMUNICATIONS COMMISSION (FCC): An independent federal agency charged with licensing and regulating wireless communications at the national level.
FUNCTIONALLY EQUIVALENT SERVICES: Forms of personal wireless services including cellular, PCS, enhanced specialized mobile radio, specialized mobile radio and paging. Section 704 of the telecommunications act prohibits unreasonable discrimination among functionally equivalent services.
HEIGHT: The distance measured from above ground level to the highest point of a WCF, including the antenna array. For purposes of measuring height, all antennas or other attachments mounted on a structure shall be included in the measurements to determine overall combined height.
LICENSED CARRIER: Any party authorized by the FCC to operate in an assigned frequency.
MONOPOLE: The shape of mount that is self supporting with a single shaft of wood, steel or concrete.
MOUNT: The structure or surface upon which antennas are mounted, e.g.:
A.Roof Mounted: Mounted on the roof of a building;
B.Side Mounted: Mounted on the side of a building;
C.Ground Mounted: Mounted on a monopole, mast, pole or tower;
D.Structure Mounted: Mounted on a structure other than a building.
PERSONAL WIRELESS SERVICE FACILITY: Facility for the provision of personal wireless services, as defined by section 704 of the telecommunications act of 1996. A personal wireless service facility is any unstaffed facility for the transmission and/or reception of personal wireless services, usually consisting of an antenna array, transmission cables, equipment shelter and a mount.
PERSONAL WIRELESS SERVICES: Any personal wireless service defined in the federal telecommunications act which includes federal communications commission (FCC) licensed commercial wireless telecommunications services including, but not limited to, cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging as well as unlicensed wireless services, and common carrier wireless exchange access services.
PUBLIC EMERGENCY SERVICE AGENCY: Any public agency directly responsible for providing police, fire, safety, ambulance, or emergency medical care services to the public.
RADIO FREQUENCY (RF) ENGINEER: A professionally trained, licensed electrical or microwave engineer who specializes in the study of radio frequencies.
RADIO FREQUENCY (RF) SIGNAL: The actual beam or radio waves sent and received by a WCF. A signal contains RF emissions.
RADIO FREQUENCY RADIATION (RFR): The emissions from a WCF that can, in excessive amounts, be harmful to humans. RF emissions are part of the RF signal.
REFERENCE ROAD: Any federal public road, state highway or road, or county road designated as graded and drained, or higher improvement designation, on the official county highway map, located within Blaine County.
SECURITY BARRIER: A locked, impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespass.
SPECIALIZED MOBILE RADIO (SMR): A form of dispatch or two-way communication used by companies that rent space or time from an SMR carrier, a form of personal wireless service. Used primarily for data, delivery vans, truckers or taxis within a small, definable geographic area.
TOWER: A generic term used to describe a mount used for the attachment of antenna, microwave communication equipment, parabolic antennas, directional antennas and other types of equipment for the transmission or receipt of RF signals.
UNLICENSED WIRELESS SERVICES: Commercial mobile services, a form of personal wireless services, that can operate on public domain frequencies and therefore need no FCC license for their sites.
UTILITY POLE: A telephone pole, utility distribution pole, streetlight or traffic signal stanchion, that is commonly used in Blaine County to provide telephone service, cable television, electricity or light. A monopole is not a utility pole.
WIRELESS COMMUNICATIONS FACILITY (WCF): A facility that transmits and/or receives electromagnetic signals for voice, data, image, graphic and other information, including antennas, microwave dishes, parabolic antennas, directional antennas and other types of equipment for the transmission or receipt of such signals; towers or other structures supporting the equipment; 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. (Ord. 2001-09, 10-1-2001)
9-3-16-3: ZONING DISTRICT REGULATIONS:
The placement, use or modification of a WCF as allowed by law within unincorporated Blaine County, is subject to the provisions of this title. A WCF shall be a conditional use in each residential, agricultural, recreational, commercial and industrial zone in the county, unless a written categorical exclusion from the conditional use permit process has been granted by the administrator as provided in section 9-3-16-7 of this chapter. A WCF located within a designated overlay district is also subject to the requirements of said overlay district as set forth in this title. (Ord. 2023-01, 1-3-2023; Ord. 2001-09, 10-1-2001)
9-3-16-4: REQUIREMENTS FOR EXISTING WCFs:
A. An existing WCF that is constructed and is being operated in compliance with a conditional use permit issued by the county on or before October 10, 2001, the effective date of Blaine County ordinance 2001-09, shall constitute a lawful nonconforming structure and use to the extent said WCF does not conform to the requirements of this section 9-3-16. Said WCF shall be governed by the terms of said permit and chapter 27, "Nonconforming Uses And Buildings", of this title.
B. Any expansion, addition, alteration, modification and/or change to a county approved WCF, including collocation by another carrier, requires a conditional use permit unless categorically excluded and is subject to the requirements of this section 9-3-16.
C. Any existing WCF improvements that are not in compliance with a valid conditional use permit or categorical exclusion, or WCFs that have been constructed without a valid conditional use permit or categorical exclusion, are subject to the enforcement measures as set forth in section 9-32-5 of this title, and may be removed by the county at the expense of the owner of the mount, service provider, and/or property owner.
D. A WCF that has been damaged or destroyed by natural causes may be restored as set forth in chapter 27 of this title, except when the surrounding screening vegetation or other aspects of the site that were the basis of the approval of the conditional use permit or categorical exclusion are so damaged that the site cannot be reasonably restored to its previous condition. In which case, no grandfathered rights run with the WCF, and any new WCF shall comply with this section 9-3-16.
E. Any personal wireless or broadcast service provider with an existing WCF(s) in Blaine County, including within the incorporated cities, or on state or federally administered lands, may be required to demonstrate that they have obtained necessary permits from the governing jurisdiction, by providing an accounting of said facilities and permits issued, before any conditional use permit application or categorical exclusion request for an additional WCF for that carrier is certified as complete by Blaine County. As part of the application process, agency comment from the governing jurisdiction in which the existing WCF is located may be sought. If the jurisdiction does not respond within thirty (30) days of said request, the application for the new WCF may be certified as complete, provided all other submittal requirements have been satisfied. (Ord. 2014-05, 10-27-2014)
9-3-16-5: WCFs LOCATED WITHIN THE MOUNTAIN OVERLAY DISTRICT ("MOD"):
In addition to satisfying the requirements set forth in chapter 21 of this title, WCFs located within the mountain overlay district ("MOD") shall also be subject to the following requirements:
A. New WCF sites in the MOD shall be served by existing roads to the greatest extent possible.
B. When it is not possible to access a new WCF site in the MOD from an existing road, the applicant may be required to construct and maintain the site without the benefit of a new road when the site can safely be reached by either all wheel drive vehicles that do not produce visual scarring, or by helicopter, and approval from the applicable fire authority is obtained. (Ord. 2001-09, 10-1-2001)
9-3-16-6: PERMITS REQUIRED:
A. Conditional Use Permit: It shall be unlawful to construct, install, site or operate a new WCF, or modify, add onto, or alter an existing WCF, or collocate a new antenna, support structure(s) or WCF at an existing site, unless the applicants have either obtained a conditional use permit in accordance with this section, or the Administrator has determined in writing pursuant to section 9-3-16-7 of this chapter that the proposed construction, installation, placement, addition and/or modification of the WCF falls within a categorical exclusion as provided herein. A conditional use permit or a written categorical exclusion is required prior to issuance of a building permit. If a licensed carrier or service provider is seeking to locate WCFs on more than one site, a conditional use permit application or categorical exclusion request for each site is required. The Administrator may, at his/her discretion, require applications by the same carrier for multiple sites, or application(s) for multiple carriers at the same site, to be heard simultaneously by the commission or hearing examiner. The standards of evaluation contained in section 9-25-3 of this title shall not apply to WCFs.
B. Building Permit: It shall be unlawful to commence construction on any new WCF, or modify, alter or add an antenna to an existing WCF, without having first obtained a valid written building permit as may be required under the Building Code as adopted by Blaine County.
C. Exclusion From Permit Requirements: This section 9-3-16 shall not govern:
1. The installation of television satellite dish antennas for personal use when attached to a residential or commercial structure.
2. The installation of amateur radio facilities that are owned and operated by a Federally licensed amateur radio station operator, or are used exclusively for noncommercial, receive only antennas. Any WCF which is attached to an amateur radio facility antenna apparatus is subject to the requirements of this section 9-3-16.
3. Routine maintenance of a WCF, but not the replacement of any support structure apparatus, antennas or any exterior alteration of the WCF or any component thereof. (Ord. 2014-05, 10-27-2014; Ord. 2001-09, 10-1-2001)
9-3-16-7: CATEGORICAL EXCLUSIONS:
A. Exclusions: The conditional use permit application requirements of this section 9-3-16 shall not apply to the following, provided the applicant and coapplicant(s), prior to construction, placement or modification of a WCF, first obtain a written decision from the Administrator, in consultation with the County Engineer, or other qualified person designated by the County, that the proposed action falls within and meets one of the following categorical exclusions. The processing fee established by resolution of the Board shall accompany each written request for a categorical exclusion. Fees resulting from the technical review by the County Engineer, or other qualified person designated by the County, are the responsibility of the applicant, and shall be paid prior to the Administrator rendering a decision as provided herein. Proposals that qualify for a categorical exclusion shall demonstrate compliance to the mandatory siting and design standards as set forth in this section 9-3-16.
1. Replacement or upgrade of equipment by a valid conditional use permit holder at an existing WCF, provided the existing equipment is replaced with equipment of equal or greater technical capacity and is equal to or reduced in size so as to minimize the visual impact.
2. Addition of antenna(s) and support structure(s) onto an existing County approved mount that is fully concealed within a structure or building, provided that the additional equipment will not result in any visible change to the exterior of the structure or building, and the structure or building is engineered to accommodate the additional antennas.
3. The temporary testing and placement of a WCF for the purpose of determining the feasibility of a site, provided the testing and placement of the WCF does not exceed thirty (30) days from the date testing commences, and the site is restored to its previous conditions.
4. The Administrator may, after consultation with the Governing Board, waive all or parts of the requirements of this section 9-3-16 for an application for a WCF made by a public emergency service agency for temporary structures needed on an emergency basis, upon a demonstration by the Public Service Agency that communications needed to ensure the prompt and efficient response to public health, safety and welfare cannot be accomplished without such a waiver.
5. For a WCF located in the Mountain Overlay District:
a. Addition or replacement of antenna(s) and fixtures accessory thereto, such as cables, ice shields and similar fixtures, onto an existing mount if the antenna and accessory fixtures do not exceed the mount height and do not extend more than ten feet (10') beyond the footprint of the mount. (Additional mounts or extensions of mounts shall not be categorically excluded.)
b. One equipment shelter serving each tower which does not exceed six hundred twenty five (625) square feet in floor area, and a maximum height of fifteen feet (15').
B. Administrator's Review Of Categorical Exclusions: The Administrator, in consultation with the County Engineer, or other qualified person as designated by the County, shall review all written requests for determinations of categorical exclusions under this section, and promulgate appropriate forms to be used for such requests. The applicant shall have the burden of demonstrating that the proposed development proposal falls within and meets the requirements of a categorical exclusion. The Administrator, prior to issuance of his/her decision, may request additional information from the applicant, including, without limitation, technical review from the County Engineer or other qualified person designated by the County. Said technical review shall be at the applicant's expense. Any person aggrieved by the written decision of the Administrator as to a categorical exclusion may appeal the Administrator's decision to the Board, according to the procedures and time requirements of section 9-32-3
of this title (Ord. 2025-08, 8-26-2025; Ord. 2018-03, 2-13-2018; Ord. 2014-05, 10-27-2014; Ord. 2001-09, 10-1-2001)
9-3-16-8: CONDITIONAL USE PERMIT PROCEDURE:
Application for a conditional use permit shall be made on a form furnished by the Administrator and shall be filed by the applicant and coapplicant(s), consisting of the property owner, all personal wireless or broadcast service provider(s) that will locate on the WCF, and the owner of the mount if different than the service providers or property owner. The application fee established by resolution of the Board shall accompany each application. Fees resulting from the technical review by the County Engineer or other qualified person as designated by the County are the responsibility of the applicant, and shall be paid prior to public hearing. No application shall be certified as complete unless it includes the following minimum information in sufficient detail for the commission or hearing examiner to determine compliance with the standards of evaluation as set forth in section 9-3-16-12 of this chapter. Based upon site specific circumstances, and upon appropriate findings, the commission or hearing examiner may require additional information in order to render a decision on an application. Further, the Administrator may waive certain submittal requirements based upon site specific conditions and appropriate findings.
A. Application: The application shall include at a minimum:
1. Name, address and telephone number of applicant and all coapplicants as well as any agents for the applicant or coapplicants. When the application involves the placement of a WCF on a utility pole or mount, and the utility pole or mount is situated on privately owned property, the property owner shall be a coapplicant. If the utility pole or mount is situated within an easement, written approval of the easement holder is required.
2. Signatures for the applicant and all coapplicants applying for the conditional use permit to verify the application is true and correct. If the applicant and/or coapplicant is represented by an agent, signature authorizing the agent to represent the applicant and/or coapplicant is required.
3. A complete legal description of the land on which the WCF will be sited, by lot, block, tract or metes and bounds description, and street address, or similar description that will readily identify and definitively locate the proposed site. A vicinity map shall be included.
4. Zoning designation of subject property including any overlay districts.
5. Reserved.
6. Written input from the applicable Rural Fire District, or the County Fire Marshal if the parcel is located outside an established fire district, addressing compliance with fire protection requirements.
7. A parcel map drawn to scale showing the subject property, and all properties within one thousand feet (1,000') of the project location, and the approximate location and approximate height of all buildings, including accessory structures, within one thousand feet (1,000') of the project location. Map shall include owners' names.
8. A list of the names and addresses of all property owners and residents within three hundred feet (300') of the external boundaries of the land being considered. Names and addresses shall also be provided on mailing labels.
9. Map showing access to the proposed site from a public road, including the names and addresses of intervening private and public landowners.
10. Map indicating existing locations and service areas of other WCF sites operated by the applicant and area to be served by the proposed WCF both within and outside of Blaine County.
11. Sufficient information to accurately identify and locate the proposed site, provided in digital format compatible with the county geographic information system.
12. Applications for a collocation mount shall provide at least two (2) letters of intent from carriers to collocate on the mount, and said carriers shall be coapplicants.
13. A copy of the FCC construction permit;
B. Site Plan: Site plan drawn to scale of no less than one inch equals twenty feet (1"=20'), specifying the following:
1. Dimensions: Property lines with dimensions, existing structures, land uses and zoning on the subject property;
2. Adjacent Land: Land uses, structures and zoning on all land adjacent to the subject property;
3. Representations: Representations, dimensioned and to scale, of the proposed mount, antenna and support structure(s), equipment shelters, cable runs, utilities, parking areas and any other construction or development pertinent to the WCF;
4. Circulation: Adjacent roadways, ingress and egress from said roadways and parking including temporary or permanent roads and driveways;
5. Fences, Signs, Lighting And Drainage: Fences, signs, exterior lighting and storm drainage;
6. Security Barrier: Proposed security barrier, indicating type and extent, as well as point of controlled entry;
7. Use Restrictions: Existing watercourses, utility lines, easements, deed restrictions and other built or natural features restricting the use of the subject property;
8. Distances: Distances, at grade, from the proposed WCF to each building on the site plan;
9. Topographic Study: A topographic study by a licensed surveyor may be required based upon site specific conditions;
10. Scale And Legend: North arrow, scale and legend;
C. Landscape Plan: Landscape plan drawn to scale of no less than one inch equals twenty feet (1"=20'), specifying the following: (Note: The landscape plan may be waived when the WCF is to be attached to a building or utility pole and the equipment is located either within the building or underground.):
1. Existing and proposed landscaping, indicating size, location, quantity and species of vegetation;
2. Indication of existing vegetation to be removed, retained or disturbed;
3. Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two foot (2') contours;
4. Photographs of the proposed site taken from various vantage points such as neighboring properties, nearest reference roads, Wood River trail system and State Highway 75, sufficient to demonstrate compliance with subsection 9-3-16-12B1 of this chapter;
D. Design Information:
1. Equipment brochures for the proposed WCF such as manufacturer's specifications or trade journal reprints. Information shall be provided for the antenna and support structure(s), mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.
2. Materials for the proposed WCF specified by generic type and specific treatment (e.g., anodized aluminum, stained wood, galvanized steel, painted fiberglass, etc.). Information shall be provided for the antenna and support structure(s), mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.
3. Colors of the proposed WCF represented by a color board showing actual colors proposed. Colors shall be provided for the antenna and support structure(s), mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.
4. Dimensions of the WCF specified for all three (3) directions: height, width and breadth. These shall be provided for the antenna and support structure(s), mounts, equipment shelters and security barrier, if any.
5. Appearance shown by at least two (2) photo simulations and elevation drawings of the WCF within the subject property. The photo simulations shall include the antenna and support structure(s), mounts, equipment shelters, cables as well as cable runs, and security barrier, if any, for the total height, width and breadth of the site.
6. Photo simulations of the proposed WCF from reference roads, Wood River trail system, and State Highway 75 as it passes through the municipalities.
7. When locating a new antenna array on an existing mount, sufficient information depicting the total visual impact of the entire mount shall be provided.
E. Additional Information Required:
1. Other Existing Facilities: If the proposed facility involves an applicant who has other existing facilities within Blaine County, an accounting of said facilities, and copies of permits issued by governing jurisdictions, may be required, as determined appropriate by the administrator.
2. Provide Master Plan If Part Of Networked System: When the proposed WCF is part of a networked system, the applicants shall provide a master plan that describes all major components of the network (location and general description of antennas and support structures, and switching hub) that are located either in Blaine County, or within one mile of the exterior county boundary, and indicate:
a. What components are existing;
b. Whether the components are owned by the applicant or are used by agreement with other service providers;
c. How the proposed WCF fits within the carrier's network design;
d. When proposed components will be completed and/or operational;
e. The potential expansion of their system within Blaine County over the next five (5) years including the general location of future facilities, and a description of the type of facilities contemplated.
3. Alternative Analysis Required: A narrative and graphic representation of two (2) less visually obtrusive alternative proposals for the WCF facility in terms of location, siting, height, and/or design each of which complies with the provisions of this section 9-3-16 is required. Such alternatives shall be substantially different from the primary proposal. The application shall not be certified as complete unless the alternative analysis comparison has been provided to the county. WCFs that are determined by the administrator to qualify as categorical exclusions under section 9-3-16-7 of this chapter are exempt from the analysis and comparison requirement.
4. Narrative: If the application involves the development of a single user mount and/or site, the applicant shall provide a narrative explaining why the proposed WCF cannot be located on an existing mount for which a conditional use permit has been issued by the county.
5. Written Agency Comment: Written agency comment from appropriate agencies as determined necessary by the administrator including, but not limited to, the federal aviation administration, Idaho transportation department aeronautical division, Blaine County recreation district and Idaho transportation department. (Ord. 2014-05, 10-27-2014; Ord. 2001-09, 10-1-2001)
9-3-16-9: ADMINISTRATIVE REVIEW OF APPLICATION:
Upon receipt of the application, the administrator shall review the application submittal for compliance to the submittal requirements set forth herein. Once it has been determined by the administrator that the submittal requirements have been satisfied, the administrator shall certify the application as complete and place the application on the agenda of the next available regular meeting of the commission or hearing examiner wherein legal notice requirements can be satisfied. No application shall be certified as complete unless it includes information in sufficient detail for the commission or hearing examiner to determine compliance with the standards of evaluation as set forth in section 9-3-16-12 of this chapter. In the event the application is not complete, the administrator shall advise the applicant of the corrective action needed. In the event the data required for the administrator to certify the application as complete is not filed within one hundred eighty (180) days from the date the application was filed with Blaine County planning office, the application shall be null and void. One time only, the administrator, at his/her discretion, may approve one extension of time within which materials may be submitted upon receipt of a written request by the applicant giving in detail the reason additional time is required to file said data. When the administrator approves an extension to submit materials under this section, said approval shall be in writing and for a specific period of time not to exceed forty five (45) days. (Ord. 2001-09, 10-1-2001)
9-3-16-10: PUBLIC HEARING AND NOTICE REQUIREMENTS:
Notice requirements for a conditional use permit application for a WCF shall be satisfied as set forth in section 9-25-4 of this title. (Ord. 2001-09, 10-1-2001)
9-3-16-11: COMMISSION OR HEARING EXAMINER REVIEW AND ACTION:
Decisions shall be based on the standards of evaluation as set forth in section 9-3-16-12 of this chapter. The standards of evaluation contained in section 9-25-3 of this title are not applicable to WCFs. Review of the application and receipt of public input shall be conducted at a duly noticed public hearing as set forth in section 9-25-4 of this title. The commission or hearing examiner may order the hearing to be continued up to thirty one (31) days at the same place, in which case no further published notice shall be required, other than that requested by the commission or hearing examiner. Continuation beyond thirty one (31) days shall require further published notice, according to section 9-25-4 of this title. The commission or hearing examiner shall approve, approve with conditions, or deny said application, making appropriate findings to support the decision. The commission or hearing examiner shall enter an order or adopt its written findings of fact and decision within thirty one (31) days after the action is taken by the commission or hearing examiner. The granting of the conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits. A conditional use permit is not transferable from one parcel of land to another. (Ord. 2001-09, 10-1-2001)
9-3-16-12: STANDARDS OF EVALUATION:
The applicant has the burden of demonstrating compliance with each of the following standards of evaluation as set forth in this section. The commission or hearing examiner shall review the application and determine if there is substantial evidence in the record to make a finding that either the proposal complies with each of the following standards of evaluation, or the specific standard is not applicable to the application:
A. Threshold Standards:
1. Applicant Review: The commission or hearing examiner may consider whether existing WCFs operated by the applicant in Blaine County, including within the incorporated cities, or on state or federally administered lands by a permittee, have obtained necessary permits from the governing jurisdiction, before any new permit for the applicant is granted. If the applicant has not obtained the required permits from the appropriate jurisdiction, the commission or hearing examiner may require the applicant to obtain other required permits as a condition of approval for any new permit issued by the county.
2. Alternative Sites: Alternative site and/or design studies provided by the applicant shall demonstrate that reasonable consideration has been given to such alternative sites and/or designs, and the proposal is the preferred alternative when considered in light of the purposes and intent of this chapter.
3. Conditional Use Permit: If the applicant or landowner with respect to an application for a conditional use permit under this section is the state of Idaho, or any agency, board, department, institution, or district thereof, the commission or the board, in addition to all other applicable standards and criteria hereunder, shall take into account the plans and needs of the state, or any agency, board, department, institution or district thereof, as required by Idaho Code 67-6528.
4. Height Limitations:
a. In the R-1/4 (high density residential district), R-.4 (medium density residential district), R-1 (low density residential district), R-2 (planned residential development district), R-21/2 (rural residential district), R-5 (residential/agricultural district), RD (recreation development district), FP (floodplain overlay district), C (general commercial district), and LI (light industrial district) zoning districts, the WCF, including all attachments thereto, shall not exceed thirty five feet (35') as measured from ground level to the highest point of the structure, including all attachments thereto, except:
(1) When roof mounted on a nonresidential building, the WCF may exceed the thirty five foot (35') height limitation by a maximum of ten feet (10');
(2) When attached to a utility pole the WCF may exceed the height of the utility pole by no more than ten feet (10'); (see also subsection C of this section);
(3) In the LI, C and RD zoning districts, the WCF may exceed the thirty five foot (35') height limitation when it is located within a dense growth of trees of similar height;
b. In the HI (heavy industrial district), the WCF shall not exceed forty five feet (45') as measured from ground level to the highest point of the structure including all attachments thereto, except:
(1) When roof mounted on a nonresidential building, the WCF may exceed the forty five foot (45') height limitation by a maximum of ten feet (10');
(2) When attached to a utility pole the WCF may exceed the height of the utility pole by no more than ten feet (10'); (see also subsection C of this section);
(3) When it is located within a dense growth of trees of similar height;
c. In the A-20 and A-40 (productive agricultural zoning districts) and R-10 (rural residential district) and RR-40 (rural remote district), WCFs shall not exceed forty feet (40') in height as measured from ground level to the highest point of the structure, including all attachments thereto, except:
(1) When roof mounted on a nonresidential building, the WCF may exceed the forty foot (40') height limitation by a maximum of ten feet (10');
(2) When attached to a utility pole the WCF may exceed the height of the utility pole by no more than ten feet (10'); (see also subsection C of this section);
(3) When attached to an existing agriculturally related building which exceeds forty feet (40'), provided the WCF does not exceed the height of the structure;
(4) When it is located within a dense growth of trees of similar height;
d. WCFs located in the mountain overlay district shall not exceed the height of any existing WCF at the site, as measured from ground level to the highest point of the WCF, including all attachments thereto.
5. Setback Requirements:
a. Freestanding WCFs, including mounts and equipment shelters, shall be set back a minimum of fifty feet (50') from:
(1) The nearest residence on the same property as the WCF;
(2) The residential building envelope on adjacent undeveloped lots; or
(3) Property lines if adjacent lots are either undeveloped or do not contain a platted residential building envelope.
b. More restrictive setbacks may be established through the conditional use permit process as deemed necessary to protect the public health, safety and welfare.
c. On parcels with a principal building housing a permitted use, all components of the WCF may be required to be located behind the main building line nearest the street or public pathway.
d. WCFs shall satisfy the fall zone requirements set forth in subsection A7 of this section.
6. Facade Mounted Antennas: Facade mounted antenna arrays associated with a WCF shall:
a. Meet or exceed the building setback requirements established for the zoning district in which the WCF is located;
b. Extend no more than twenty inches (20") horizontally from the attachment structure at the point of attachment;
c. Not exceed the maximum allowed building height for the zoning district in which the WCF is located;
d. Be located no closer than thirty feet (30') to an opening of a habitable structure.
7. Fall Zone Requirements:
a. Freestanding WCFs, excluding those that are concealed in a building or structure, shall contain a fall zone of at least two (2) times the height of the WCF, as measured from the WCF to any habitable structure or outdoor area where people congregate (such as schools, churches, parks, recreational areas, public buildings, etc.). This requirement does not apply to utility pole mounted WCFs.
b. Freestanding WCFs, excluding those that are concealed in a building or structure, shall contain at a minimum a fall zone of a radius equal to the height of the WCF, as measured from the WCF to an adjacent property line. This requirement does not apply to utility pole mounted WCFs.
8. Parking Requirements: Adequate off street parking to accommodate maintenance and construction workers may be required.
9. Access Requirements:
a. The applicant shall demonstrate in writing that they have authority to access the WCF site for construction and maintenance purposes from a public right of way, across privately and publicly owned lands. Said written authority shall include the right of county officials to cross said lands for legitimate public purposes.
b. The applicant shall demonstrate that the site can be safely accessed by county officials and fire protection personnel.
10. Facility Upgrade: At the time of modification or upgrade of facilities, existing equipment shall be replaced with equipment that does not increase the facility's overall visual impact.
B. Design And Siting Standards:
1. Visibility: The WCF shall be designed to eliminate, to the greatest extent possible, the visibility of the proposed facility as viewed from a reference road, Wood River trail system, or State Highway 75 as it passes through a municipality by means of concealment, camouflage, disguise and placement. While complete elimination of any visual impact cannot be accomplished in every case, the applicants shall make every available effort to ensure that the visibility of the proposed WCF is slight. Techniques that can be used to potentially eliminate the visual impact include, but are not limited to, the following:
a. Selection And Use: Selection and use of antennas, support structures and configurations which result in the least bulk, profile and height possible;
b. Concealment: Concealment of the WCF within or on a structure, building, or edifice when said structure, building or edifice is compatible and in scale with the surrounding land uses and structures. Examples are:
(1) Church steeples, flagpoles, weather vanes and cupolas, etc.;
(2) Buildings and structures designed to look like typical agricultural buildings or structures such as windmills, silos, or barns, provided the building or structure housing the WCF is accessory to a permitted use on the same parcel;
(3) Buildings and structures designed to look like typical residential accessory structures such as garages and storage buildings, provided the building or structure housing the WCF is accessory to a permitted use on the same parcel; or
(4) Artificial features (such as synthetic rock) which is made to appear as a naturally occurring form in the environment;
c. Camouflage Or Disguise:
(1) Colors and materials for the WCF chosen to minimize visibility of the WCF;
(2) A WCF located on a building, wall or roof, designed to blend with the existing building's architecture by painting or shielding with material which is consistent with the design features and materials of the building;
d. Placement:
(1) Locating the WCF, where it is backdropped by existing structure(s) or geographical feature(s) such as a hillside or building, sufficient that the profile of the WCF as viewed from a reference road, Wood River trail system or State Highway 75 as it passes through a municipality is eliminated to the greatest extent possible;
(2) Locating the WCF within an dense growth of trees of similar height;
(3) Roof mounted on a nonresidential building;
(4) Attached to the facade of a nonresidential building or structure;
(5) Attached to a utility pole (see subsection 9-3-16-13E of this chapter).
2. Scale: The WCF shall be designed and constructed to be in scale with the surrounding land uses and structures as exhibited by relative height, mass and proportion.
3. Lighting:
a. A WCF shall not be artificially lighted, except as needed for routine maintenance of the facility. Exterior lighting shall utilize:
(1) Minimum wattage necessary for the proposed use,
(2) Full cut off lighting fixture whereby light is downcast, and does not extend horizontally beyond the base of the fixture, and
(3) Timing device.
b. WCFs which are required to be illuminated by a local, state or federal agency shall be reduced in height and/or otherwise modified or located so as to not require lighting. No lighting other than for routine maintenance of the facility is permitted.
4. Security Barriers: A security barrier may be required by the building official, commission or hearing examiner to be erected no closer than twenty five feet (25') around the perimeter of ground mounted WCFs. In the case of a roof mounted WCF, a security barrier may be required around the antenna and support structure(s) or antenna array. Security barriers shall be maintained by the operator of the WCF or mount for the life of the installation. Security barriers shall be constructed of nonreflective material.
5. Equipment Vaults, Sheds And Structures: Equipment vaults, sheds and structures shall satisfy at least one of the following requirements:
a. Placed underground; or
b. Disguised, camouflaged, painted, fenced or screened with vegetation so that visibility of the equipment vault, shed or structure as viewed from a reference road, Wood River trail system or State Highway 75 as it passes through a municipality is mitigated as required under subsection B1 of this section.
6. Noise Emissions:
a. Aboveground equipment for WCFs exclusive of roof and facade attached WCFs shall not generate noise in excess of 50 decibels (db) at the property line.
b. Roof or facade attached equipment for WCFs shall not generate noise in excess of 50 db at ground level at the base of the structure closest to the antenna and support structure(s).
C. Design Standards For Utility Pole Mounted WCFs: In addition to complying with the standards of evaluation as set forth in this section, utility pole mounted WCFs shall satisfy the following design standards:
1. One Permitted: Only one WCF shall be permitted on any one utility pole.
2. Concealed Or Camouflaged: The antenna and mounting bracket shall be either fully concealed within the street pole or camouflaged to appear to be an integrated part of the utility pole.
3. Mounting Brackets: The antenna and mounting bracket shall:
a. Utilize the thinnest silhouette that technology allows;
b. Be constructed of nonreflective material.
4. Height: A WCF may exceed the height of the utility pole by no more than ten feet (10').
5. Pole Replacement: Existing utility poles may only be replaced with a new pole of the same height, dimension and appearance as the existing pole. (Ord. 2011-01, 1-18-2011; Ord. 2006-08, 6-29-2006; Ord. 2001-09, 10-1-2001; Ord. 2023-01, 1-3-2023)
9-3-16-13: CONDITIONS:
Conditional uses are subject to the conditions specified prior to issuance of their permits. Pursuant to Idaho Code 67-6512, conditions which may be attached include, but are not limited to, those which will:
A. Minimize adverse impact on other development:
1. The licensed carrier or service provider shall provide the administrator a certification by a licensed radio frequency engineer that the as built WCF complies with the FCC guidelines for radio frequency radiation, prior to issuance of the certificate of occupancy.
2. The applicant shall provide the administrator written evidence that the WCF has been registered as a hazardous facility, as may be required by the Idaho department of environmental quality, if petroleum products are used to fuel power supplies, or any toxins are contained in equipment cabinets or shelters or alternative power sources.
3. Prior to issuance of the certificate of occupancy, the applicant(s) shall provide the administrator an as built certification by a licensed acoustical engineer that the noise generated by the WCF does not exceed fifty (50) dB as required in subsection 9-3-16-12B6 of this chapter.
4. No equipment shall be operated at a WCF so as to produce noise in excess of fifty (50) dB, except for emergency situations requiring the use of a backup generator, where the noise standards may be exceeded up to a maximum of thirty six (36) hours or until such emergency has passed.
5. 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 as required by the uniform building code and/or uniform fire code.
6. When a WCF is mounted on a utility pole located in a publicly owned right of way, the applicant shall obtain necessary permits from the applicable entity such as the Blaine County board of commissioners, Idaho transportation department or local governing jurisdiction.
B. Control the sequence and timing of development:
1. Construction or activation of a WCF shall commence within one year of approval of the permit or the permit shall be null and void. An additional ninety (90) day extension may be granted by the administrator in writing due to weather conditions or other extenuating circumstances beyond the control of the applicant. Requests for an extension shall be made in writing by the permit holder(s) and be filed prior to expiration of the permit.
C. Control the duration of development:
1. The applicant(s) shall demonstrate compliance to the conditional use permit, and obtain a certificate of occupancy from the building official as may be required under the uniform building code as adopted by the county, prior to activation of the site.
2. Conditional use permits issued for WCFs are subject to administrative review to determine ongoing compliance to the terms of the permit. Such permits may be subject to suspension or revocation by the board if it is determined that the WCF does not comply with the terms and/or conditions of the permit. If the permittee fails to take necessary corrective action to bring the permit into compliance, the board shall hold a public hearing, and public notice shall be provided as set forth in section 9-25-4 of this title. The board may modify, revoke or suspend the permit, based upon the evidence in the record, and negative findings on one or more of the standards of evaluation as set forth in section 9-3-16-12 of this chapter.
D. Assure that development is maintained properly:
1. Weatherproofed identification plaque at the site which is readily visible to persons approaching the WCF shall include:
a. The name and telephone number of a representative of the carrier and mount owner to be contacted in the event of any emergency WCF site. The contact representative is to be available on a twenty four (24) hour a day, seven (7) day a week basis. The information shall be kept current at all times.
b. A list of toxic/hazardous materials at WCF site, including in the equipment shelter.
c. Instructions for emergency personnel on the approach action to be taken in case of an emergency involving any toxic/hazardous substances.
d. The identification plaque shall be kept current at all times.
2. 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.
3. At such time that a licensed carrier or service provider plans to abandon or discontinue operation of a WCF, such carrier shall notify the county 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 or service provider fails to give such notice, the WCF shall be considered abandoned upon such discontinuation of operations.
4. Upon abandonment or discontinuation of use, the carrier, property owner or owner of the mount shall physically remove the WCF, or the abandoned portion thereof, within a specified period of time, not to exceed one year from the date of abandonment or discontinuation of use. If good cause for delay in removing the abandoned equipment is shown, the administrator may once only extend the period for removal for a period not exceeding six (6) months, provided application is made for an extension before the end of the one year period. "Physically remove" shall include, but not be limited to:
a. Removal of antennas, support structures, equipment enclosures and security barriers from the subject property;
b. Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations;
c. Restoring the location of the WCF to its natural condition, except that any landscaping and grading shall remain in the after conditions. Minor modification for integration with other landscaping or site design will be permitted and approved by staff.
5. If a carrier, property owner or owner of the mount fails to remove the abandoned portion of the WCF in accordance with this section, the county may cause the abandoned portion of the facility to be removed, and all expenses of removal shall be paid by the owner of land where the facility is located. In the event of nonpayment, the county may place a lien on the property in the amount of one hundred twenty percent (120%) of all costs associated with removal and disposal of the WCF, or portion thereof.
6. In the event more than one provider is using the mount, the mount shall not be considered abandoned until all such users cease using the mount as provided in this section 9-3-16.
7. Provide financial guarantee for removal of unused or abandoned equipment and/or mount, and reclamation of the site to its previous condition prior to the installation of the WCF.
8. The access road and site shall be available for inspection by county officials and fire protection personnel.
E. Designating the exact location and nature of development:
1. Existing natural vegetation shall be undisturbed to the greatest extent possible.
2. Applicants may be required by the county to allow collocation of additional antennas by other carriers on the mount as a condition of obtaining a conditional use permit.
3. Applicants may be required by the county to provide space at no cost for the placement of emergency service equipment on the mount, and within the building or structure housing the equipment, as a condition of obtaining a conditional use permit.
4. Prior to obtaining a building permit for a collocated WCF, the applicants shall provide signed lease agreements between the property owner, owner of the mount and at least two (2) service providers. The lease agreements shall contain the following provisions:
a. Facility owner can, with county and landowner's approval, enter into leases with other carriers for collocation.
b. Landowner is responsible for the removal of the WCF in the event the tenant fails to remove it upon abandonment.
F. Require specific on site or off site public facilities or services.
G. Require more restrictive standards than those generally required in this title:
1. Prior to the issuance of a building permit, and once a year every year thereafter, the applicant(s) shall provide a registry of the WCF that includes at least the following information:
a. Name, mailing address and phone numbers of the property owner, owner of the mount, licensed and unlicensed service provider(s), and agents.
b. Location by latitude and longitude, addresses and parcel numbers.
c. Collocation status and capability (including if a former collocation has been removed).
d. Last date at which site was modified and the nature of the modification.
e. A list of toxic/hazardous materials at the WCF (including in the equipment shelter).
f. Instructions for emergency personnel on the approach action to be taken in case of an emergency involving any toxic/hazardous substances.
g. The name and telephone number of a representative of the carrier to be contacted in the event of any emergency at the WCF site. The contact representative is to be available on a twenty four (24) hour a day, seven (7) day a week basis.
h. A site monitoring schedule indicating how often the site is inspected and monitored by the carrier.
i. A ground maintenance schedule indicating how often the grounds are maintained and the name and telephone number of a representative of the carrier to be contacted in the event the grounds require service before the next scheduled maintenance.
2. The permit holder(s) shall promptly notify the administrator of any change in ownership of the subject property, the mount or the licensed carrier or service provider.
3. WCFs shall meet all applicable regulations including, but not limited to, compliance to the uniform building and fire codes as adopted by the county.
4. The owner or operator of the WCF shall provide for and conduct an inspection of mounts by a licensed structural engineer at least once every five (5) years. The written results of said inspection shall be provided to the administrator verifying structural integrity, equipment and tenants on the mounts.
5. The applicant(s) shall provide the administrator a copy of form 600 on file with the FCC or the FCC license (radio authorization form).
H. Require mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. (Ord. 2001-09, 10-1-2001)