Permitted uses in the commercial A zone are:

Banks, title companies and real estate offices.

Barbershops and beauty shops.

Bars, lounges, clubs and dance halls.

Indoor theaters.

Library.

Lodges and clubs.

Newspaper.

Professional offices, including legal, medical and dental.

Radio and television studios, but not including transmitter stations.

Retail stores and services, including:

Auto parts.

Bookstores.

Cameras.

Clothing.

Convenience markets.

Drugstores.

Electronic.

Fabric.

Florists.

Furniture.

Jewelry.

Liquor sales.

Medical and dental clinics.

Ready to wear specialty.

Restaurant and cafe, including food preparation to eat away from premises.

Sporting goods.

Supermarket.

Toys.

Upholstery shops.

Yard goods.

Single-family and multiple-family residential use. (Ord. 499, 4-16-2009)

Other uses within the commercial A zone may be permitted whenever such uses are specifically authorized by the planning and zoning commission and the city council. (Ord. 499, 4-16-2009)

Every building erected or structurally altered shall be on a lot having an area of not less than four thousand five hundred (4,500) square feet and a width at the established building line of not less than forty five feet (45'), and there shall be no more than one building for each such lot; provided, however, that a single lot having less area and width according to the official plats on file in the office of the Custer County, Idaho, recorder as of the effective date hereof, may be improved with a commercial building otherwise meeting all requirements of this title. (Ord. 499, 4-16-2009)

   A.   Front And Side Yards: There shall be no minimum required front or side yard in the commercial A zone.

   B.   Rear Yard: There shall be a rear yard having a minimum average depth of not less than five feet (5') if access to a building or structure is from an alley. (Ord. 499, 4-16-2009)

No building or structure shall be erected or structurally altered to exceed a height of three (3) stories, nor shall it exceed forty five feet (45') in height. (Ord. 499, 4-16-2009)

All exterior signs in the commercial A zone shall meet the following requirements:

   A.   Building Permit Required: No sign shall be constructed, erected or altered structurally unless a building permit therefor has been issued.

   B.   Freestanding Signs: Freestanding signs or signs erected perpendicular to a building shall not exceed thirty two (32) square feet in area; minimum distance from the ground level to the bottom of such sign shall be ten feet (10') and maximum height of such sign measured from the ground level to the top of the sign shall be twenty feet (20'); and minimum setback shall be eighteen inches (18") from the edge of a street curb to the outer edge of the sign.

   C.   Wall Signs:

      1.   Signs placed flush against the front or side walls of buildings shall be limited in width to three-fourths (3/4) of the width or length of the wall at the place where the sign is located, but there shall be no minimum distance from ground level or maximum height restrictions for such signs if they do not protrude from the wall.

      2.   For signs placed flush against walls which protrude or extend from the building wall due to the thickness of the sign, minimum distance from ground level to the bottom of the sign shall be ten feet (10') and maximum height measured from the ground to the top of the sign shall be twenty feet (20'). No sign placed flush against walls shall protrude more than twelve inches (12") in thickness from the wall of the building on which the sign is placed.

   D.   Rotating, Flashing Signs: Signs with strobe type rotating lights that would simulate an emergency vehicle or rotating flashing signs shall be prohibited.

   E.   Advertising Restrictions: Signs shall only advertise the business activity conducted on the premises on which the sign is located.

   F.   Exemptions: These requirements shall not apply to official traffic or highway markers or signs erected by any authorized governmental authority. (Ord. 499, 4-16-2009)

Permitted uses in the commercial B zone are:

Auto parts sales.

Automobile and truck service stations.

Automobile sales, rental and service.

Bowling alleys.

Building and lumber supplies.

Carpenter, electrical and plumbing establishments.

Commercial recreation facilities, including theaters.

Convenience markets.

Furniture store.

Greenhouses and nurseries.

Hotels, motels, lodging.

Laundry, dry cleaning.

Liquor stores.

Machine shops not equipped with machines or equipment which make the excessive vibrations or noise disturbing to adjacent property occupants.

Manufacturing done within the confines of a structure that can be conducted without creating objectionable noise, odor, dust, smoke, gas fumes or vapor and that has a use compatible with the use and occupancy of adjoining properties.

Medical and dental clinics.

Mini-storage units enclosed within a building or buildings.

Mobile home sales and services, including recreational vehicles.

Real estate offices.

Restaurants.

Supermarkets.

Truck, automobile or bus storage yards.

Upholstery shops. (Ord. 499, 4-16-2009)

Other uses within the commercial B zone may be permitted whenever such uses are specifically authorized by the planning and zoning commission and the city council. (Ord. 499, 4-16-2009)

Every building erected or structurally altered shall be on a lot having an area of not less than nine thousand (9,000) square feet and a width at the established building line of not less than ninety feet (90'); provided, however, that a single lot having less area and width, the title to which has been recorded before the enactment of this title, may be used for permitted uses provided all yards and open spaces are within seventy five percent (75%) of those required herein and, provided further, that the total lot area is not less than eight thousand (8,000) square feet. (Ord. 499, 4-16-2009)

   A.   Front And Side Yards: No front or side yards shall be required; except, when a building or group of buildings abuts upon a residential district, a yard shall be provided on the side of the lot abutting the residential district, such yard having a width of not less than ten feet (10').

   B.   Rear Yard: There shall be a rear yard of a depth of not less than five feet (5') when abutting upon a public street or alley, and not less than ten feet (10') when no dedicated alley or public way exists at the rear of the lot. The rear yard may be used for off street parking and loading. (Ord. 499, 4-16-2009)

No building or structure shall be erected or structurally altered to exceed a height of three (3) stories, nor shall it exceed forty five feet (45') in height. (Ord. 499, 4-16-2009)

All exterior signs in the commercial B zone shall meet the following requirements:

   A.   Building Permit Required: No sign shall be constructed, erected or altered structurally unless a building permit therefor has been issued.

   B.   Freestanding Signs: Freestanding signs or signs erected perpendicular to the building shall not exceed forty (40) square feet in area; minimum distance from the ground level to the bottom of such sign shall be ten feet (10') and maximum height of any such sign measured from the ground level to the top of the sign shall be twenty feet (20'); and minimum setback shall be twelve inches (12") from the edge of a street curb to the outer edge of the sign.

   C.   Wall Signs:

      1.   Signs placed flush against the front or side walls of buildings shall be limited in width to the width or length of the wall at the place where the sign is located, but there shall be no minimum distance from ground level or maximum height restrictions for such signs if they do not protrude from the wall.

      2.   For signs placed flush against walls which protrude or extend from the building wall due to the thickness of the sign, minimum distance from ground level to the bottom of the sign shall be ten feet (10') and maximum height measured from the ground to the top of the sign shall be twenty feet (20'). No such sign placed flush against walls shall protrude more than eighteen inches (18") in thickness from the wall of the building on which the sign is placed.

   D.   Signs Imitating Emergency Vehicles: Signs with strobe type rotating lights that would simulate an emergency vehicle shall be prohibited.

   E.   Advertising Restrictions: Signs shall only advertise the business activity conducted on the premises on which the sign is located.

   F.   Exemptions: These requirements shall not apply to official traffic or highway markers or signs erected by any authorized governmental authority. (Ord. 499, 4-16-2009)

Permitted uses in the commercial C zone are:

Administrative offices used directly in connection with, and upon the same premises as, any of the following uses.

Assembly.

Automobile painting, repairing, reconditioning and body and fender work when done within the confines of a structure.

Brick or pottery manufacturing, stone or monument works.

Heavy metal appliance and steel fabricating shops and machine shops.

Laboratories, research, experimental, film or testing.

Light or heavy manufacturing, fabrication, assembly or packaging of products from previously prepared material such as cloth, plastic, paper, leather, metal, stone, cement or concrete, but not including such operations involving primary production of wood, metal or chemical products from raw materials.

Manufacturing of electric and electronic instruments and devices such as television, radio and phonograph equipment.

Meatpacking and storage, but not stockyards or slaughterhouses.

Other manufacturing or industrial uses upon special use permit upon the finding by the planning and zoning commission and the city council that such use is of the same general character as those permitted in the commercial C zone and which will not be detrimental to the other uses within the district or to the adjoining land uses.

Packaging.

Processing.

Public and quasi-public corporation yards.

Public utility electric substations and distribution centers.

Railroad yards and repair shops and freight stations; and trucking and motor freight stations.

Research, wholesale or storage uses.

Wholesale business, storage or warehousing. (Ord. 499, 4-16-2009)

Every building erected or structurally altered shall be on a lot having an area of not less than ten thousand (10,000) square feet and a width at the established building line of not less than one hundred feet (100'). (Ord. 499, 4-16-2009)

Building height, area requirements and sign requirements and restrictions shall be similar to sections 10-5B-4, 10-5B-5 and 10-5B-6 of this chapter, which sections are incorporated herein as though set forth verbatim, with the exception of the following change: Maximum height from ground level to top of sign for freestanding signs set forth in subsection 10-5B-6B of this chapter shall be fifty feet (50') instead of twenty feet (20'). (Ord. 499, 4-16-2009)

The purpose of this article is to create a limited area in the city of Challis on which new wireless communications towers and facilities may be constructed, to control the size and configuration of such facilities, for the purpose of promoting the health, safety, moral and general welfare of the inhabitants, present and future, and of the taxpayers and visitors of the city by the orderly development of the city, beneficial uses of land and preservation of the environment of residential and commercial areas of the city. The zone is a one hundred fifty foot by one hundred fifty foot (150' x 150') area as shown on the survey attached to the ordinance codified herein, and is herein incorporated by reference to the city's existing zoning map and comprehensive plan. (Ord. 499, 4-16-2009)

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

FACADE MOUNTED: Directly attached or affixed to the elevation of any structure.

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

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

MASTER DEVELOPMENT PLAN: A plan showing a carrier's expected network of wireless communication facilities within the city and county. The master development plan shall be considered proprietary and trade secret material which is not a public record or otherwise available to the public through public records statutes or the freedom of information act.

UTILITY POLE: A telephone, power, light, cable television, or flag pole. Light poles shall include street, stadium and security light poles.

WIRELESS COMMUNICATION FACILITY: A facility that transmits and/or receives electromagnetic signals, including antennas, microwave dishes, parabolic antennas, directional antennas and other type of equipment for the transmission or reception of such signals, towers or similar structures supporting the equipment, equipment buildings, shelters, cabinets and other facilities. (Ord. 499, 4-16-2009)

In the communications tower zone area the only permitted use shall be wireless communications towers and facilities in accordance with this article. (Ord. 499, 4-16-2009)

No communication tower or wireless communication facility shall exceed one hundred fifty feet (150') in height as measured from the ground, nor the other height restrictions of this article, except as may be allowed by special use permit as provided in this article. (Ord. 499, 4-16-2009)

The placement, use or modification of any wireless communication facility or communications tower is subject to the provisions of this section.

   A.   Permit Required: New towers are allowed by permit when in compliance with this article, following public hearing. Wireless communication facilities attached to utility poles, existing towers or facades attached to buildings and structures are permitted subject to the provisions of this article.

   B.   Preferred Locations And Facility Types:

      1.   Site Selection Criteria: A master development plan is to be created, prior to any wireless communication facility permit request, based upon engineering constraints (including frequency clashes) and desired areas of service. Wireless communication facilities shall be located on a master development plan and are preferred in the following priority order:

         a.   Collocation on an existing tower, structure or building, in compliance with this article. The applicant shall have the burden of proving that there are no feasible existing structures upon which to locate, which comply with the conditions of this article.

         b.   On the property within the city's communication zone.

         c.   The applicant shall provide proof of legal year round access to the facility site from a public road, at the time of application for any request to erect a new tower.

      2.   Priority Order: Facility types are preferred in the following priority order:

         a.   Roof mounted.

         b.   Facade mounted.

         c.   Lattice tower.

         d.   Freestanding tower.

         e.   Utility pole mounted.

      3.   Collocation: Collocation is considered to be a visually unobtrusive installation method because the equipment is attached to an existing structure. Collocation of a wireless communication facility shall require notification to and administrative review by the city planning and zoning commission. A fee of two hundred dollars ($200.00) is required for the review. The city may change the fee to be charged by resolution of the city council.

      4.   New Towers: No new tower shall be permitted unless the applicant demonstrates that no existing tower or structure can accommodate the applicant's proposed wireless communication facility. Evidence submitted to demonstrate the unavailability of other towers or structures shall address all of the following:

         a.   Provide a statement on why collocation on an existing tower or structure will not be possible.

         b.   The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for collocation are unreasonable.

      5.   Modification To Existing Towers: Modification to an existing tower, other than an increase in height, shall require notification to the city and administrative review by the city planning and zoning commission. A fee of two hundred dollars ($200.00) is required for the review. The city may change the fee to be charged by resolution of the city council. Any requested change in height shall require a special use permit.

   C.   Application Procedure: The city council shall be the initial granting authority for wireless communication facility collocating on existing structures or utility poles in accordance with the standards set forth herein. All other wireless communication facilities shall require a permit from the city of Challis. An application for a wireless communication facility shall contain the information set forth below, in addition to the standard application information required for all permits:

      1.   A site plan including location, type and height of the proposed wireless communication facility with setbacks, property lines, adjacent land uses, structures and zoning.

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

      3.   The master development plan showing the location of all existing and proposed wireless communication facility sites of the applicant within the county and city, including the service area of each wireless communication facility. The master development plan shall be considered proprietary and trade secret material which is not a public record or otherwise available to the public through public records statutes or the freedom of information act.

      4.   Evidence demonstrating the unavailability of collocation, as set forth above.

      5.   Certification from the applicant's engineer that collocation of additional antennas for at least one additional provider is possible on the proposed structure and a signed and notarized statement by the applicant agreeing to accommodate collocation of additional antennas on the tower and that the applicant agrees to enter into leases with other providers allowing use of the tower at a monthly lease rate. If parties cannot agree to a collocation fee then the rate shall be set by the city council based on the average market rate in comparable areas.

      6.   A lease agreement with the landholder that allows for collocation on the tower.

   D.   Standards:

      1.   Roof Mounted:

         a.   Height: Roof mounted wireless communication facilities may extend above the highest portion of the roof, including parapet wall, by a distance equal to its distance to the nearest exterior wall.

         b.   Setback: Roof mounted wireless communication facilities shall be set back from the edge of the building at least the height of the antenna.

         c.   Lighting: Lighting of antennas or support structures shall be prohibited except as required by the FAA.

      2.   Facade Mounted:

         a.   Height: Facade mounted wireless communication facilities may not exceed fifteen feet (15') above the facade to which it is attached.

         b.   Setback: Facade mounted wireless communication facilities may project a maximum of eighteen inches (18") from the facade, but may not encroach into any public right of way.

         c.   Attachment: The antenna and supporting electrical and mechanical equipment must be the same color as the supporting structure so as to make the antenna and related equipment as unobtrusive as possible.

      3.   Towers:

         a.   Height: Towers shall not exceed one hundred fifty feet (150') in height as measured from the ground. If applicant believes that a greater height is necessary, applicant shall have the burden of proving same, including production of RF documentation to support the need for greater height. Any application for greater height shall be by request for a variance.

         b.   Setback: All new towers shall be in the city communication zone, therefore setbacks are not an issue. However, to the extent setback of the tower is an issue in the future, setbacks shall be measured from the base of the tower to the property line of the parcel on which located. Towers shall be set back from all residential and residentially zoned property at least one hundred twenty five percent (125%) of the tower height as measured from the ground.

         c.   Color: Freestanding towers shall be a neutral color, simulate a standard utility pole, or otherwise be camouflaged or disguised so as to make the tower as unobtrusive as possible. Lattice towers shall be a neutral color, camouflaged, or otherwise be designed and erected to make the tower as unobtrusive as possible.

         d.   Lighting: Lighting of antennas or support structures shall be prohibited, except as required by the FAA.

         e.   Maintenance: All facilities shall be properly maintained to avoid accumulations of materials and conditions which create unsightly appearances.

   E.   Abandonment/Bonding: Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless communication facility within ninety (90) days of the date of abandonment or discontinuation of use, and restore the site to its original condition. The carrier shall provide to the city, prior to issuance of a permit, a performance bond in the amount of twenty thousand dollars ($20,000.00) or a bond equal to a written estimate from a qualified tower removal contractor to guarantee that the facility will be removed when no longer in use. The city of Challis shall be named as an obligee in the bond and must approve the bonding company.

   F.   Construction Near Airports: Any erection or construction of wireless communications facilities within any airport clear zone, shall in addition to complying with the conditions of this article, follow all other local, state and federal regulations as to such erection or construction of such facilities. (Ord. 499, 4-16-2009)