A.   These standards were developed to protect the public health, safety, and welfare, to protect property values and minimize visual impact while furthering the development of enhanced wireless communication and telecommunication services in the city. These standards were designed to comply with the telecommunications act of 1996 and subsequent congressional actions and rulemaking by the Federal Communications Commission (FCC). The provisions of this chapter are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting wireless services. This chapter shall not be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent wireless services.

   B.   To the extent that any provision of this chapter is inconsistent or conflicts with any other city ordinance, this chapter shall control. Otherwise, this chapter shall be construed consistently with the other provisions and regulations of the city.

   C.   In reviewing any application to provide wireless service or to install WCFs, the city shall act within a reasonable period of time, taking into account the nature and scope of the application. The city shall approve, approve with condition, or deny the application in accordance with the time frames set forth in this title and in accordance with other applicable ordinances and regulations of the city. (Ord. 836, 9-1-2021)

The purpose of this chapter is to establish general guidelines for the siting of towers and antennas. The goals of this chapter are to: a) enhance the ability of carriers to provide such services throughout the city quickly, effectively, and efficiently; b) encourage carriers to locate towers and antennas in nonresidential areas; c) encourage carriers to collocate on new and existing tower sites in order to minimize the number of towers within the city; d) encourage carriers to locate towers and antennas, to the extent possible, in areas where the adverse impact on city residents is minimal; and e] encourage carriers to configure towers and antennas in a way that minimizes any significant adverse visual impact. Accordingly, the city council finds that the promulgation of this chapter is warranted and necessary:

   A.   To manage the location of towers and antennas in the city;

   B.   To protect neighborhoods from potential adverse impacts of towers;

   C.   To minimize adverse visual impacts of towers through careful design, siting, landscape screening, and innovative camouflaging and screening techniques;

   D.   To accommodate an increased need for towers to serve the wireless communications needs of city residents;

   E.   To promote and encourage collocation on existing and new towers as an option rather than construction of additional single use towers, and to reduce the number of such structures needed in the future;

   F.   To promote and encourage utilization of technology and designs to either eliminate or reduce the need for new tower structures to support antenna and other communication facilities.

   G.   To consider the public health and safety of towers to the extent permitted by federal law and other regulations set forth by the FCC; and

   H.   To avoid potential damage or adverse impacts to adjacent properties through sound engineering practices, construction, modification, maintenance, and the proper siting of antenna and support structures, and removal when no longer used or are determined structurally unsound.

   I.   To ensure that wireless communications facilities are compatible with surrounding land uses to the greatest extent reasonably possible. (Ord. 836, 9-1-2021)

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

   A.   To cease operation for a period of sixty (60) or more consecutive days;

   B.   To reduce the effective radiated power of an antenna by seventy five percent (75%) for sixty (600 or more consecutive days;

   C.   To relocate an antenna at a point less than eighty percent (80%) of the height of an antenna support structure; or

   D.   To reduce the number of transmissions from an antenna by seventy five percent (75%) for sixty (60) or more consecutive days; provided that nonoperation or reduced operation for a period of sixty (60) or more consecutive days to facilitate maintenance, redesign or other changes about which the city was notified in advance shall not constitute abandonment.

18.13.030.03: ANTENNA EQUIPMENT: Any equipment that facilitates transmission for any FCC licensed or authorized wireless communication service, located at the same fixed location as the antenna and when collocated on a structure, is mounted or installed at the same time. Antenna equipment includes, but is not limited to, radio transceivers, switches, regular and backup power supply, shelters or cabinets, wiring, and coaxial, fiber optic and other cables.

   A.   Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

   B.   Radio receivers, antennas, coaxial or fiber optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (“including distributed antenna systems (DAS) and small cell networks).

   C.   Any structure other than a tower that, at the time the relevant application is filed with the City under this chapter, supports or houses equipment described under subsections A and B of this definition that has been reviewed and approved by the City.

   A.   Collocation includes modifying an existing structure for the purpose of mounting or installing an antenna facility thereon.

   B.   Collocation does not include the installation of a new pole, tower, or support structure.

   A.   Collocation of new transmission equipment,

   B.   The removal of transmission equipment, or

   C.   The replacement of transmission equipment.

If a subsequent application is filed to modify an existing tower or base station, the original dimensions of the support structure shall be used to determine if the proposal would constitute a substantial change and whether the application was eligible for consideration per 47 CFR 1.61000.

18.13.030.16: EQUIPMENT ENCLOSURE: A structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communication signals. Associated equipment may include air conditioning, backup power supplies and emergency generators.

   A.   Building mounted: A WCF mount fixed to the roof or side of a building.

   B.   Ground mounted: A WCF mount fixed to the ground, such as a tower.

   C.   Structure mounted: A WCF fixed to a structure other than a building, such as light standards, utility poles, and bridges.

18.13.030.26: RIGHT-OF-WAY: Any land dedicated and open to the public and under the jurisdiction of the City (or State of Idaho or other jurisdiction) for use as a road, street, or other thoroughfare. For the purposes of this Chapter, right-of-way includes public easements for streets and other thoroughfares, and for existing streets and other thoroughfares maintained by the City where no public ownership or easement has been established.

   A.   Facilities:

      1.   Mounted on structures fifty feet f50') or less in height, including their antennas;

      2.   Mounted on structures no more than ten percent (10%) taller than adjacent structures; or

      3.   Do not extend existing structures on which they are located to a height of more than fifty feet (50') or by more than ten percent (10%), whichever is greater;

   B.   Each antenna associated with the request, excluding associated equipment, is no more than three (3) cubic feet in volume;

   C.   All other wireless equipment associated with the structure, including equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than twenty eight (28") cubic feet in volume; and

   D.   The facilities meet all other requirements of the FCC for small cell wireless facilities.

18.13.030.31: STEALTH DESIGN: Technology that minimizes the visual impact of wireless communications facilities by camouflaging, disguising, screening, and/or blending into the surrounding environment. Examples of stealth design include, but are not limited to, towers disguised as trees, flagpoles, or bell towers, and architecturally screened wall or roof mounted antennas.

   A.   Type 1: For any existing support structure as defined herein:

      1.   It involves the installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; or

      2.   It entails any excavation or deployment outside of the current site of the tower or base station; or

      3.   The proposed modification would cause the concealment/camouflage elements of the tower or base station to be defeated; or

      4.   The proposed modification would not comply with the conditions associated with the prior siting approval of construction or modification of the tower or base station, unless the noncompliance is due to an increase in height, increase in width, addition of cabinets, or new exaction that does not exceed the corresponding thresholds in this section.

      5.   Small cells mounted on structures fifty feet (50') or less in height or on structures no more than ten percent (10%) taller than adjacent structures with an antenna no more than three (3) cubic feet and a total wireless equipment no more than twenty eight (28) cubic feet.

   B.   Type 2: For all base stations and for an existing tower located in the public right-of-way:

      1.   The height of the tower or base station is increased by more than ten percent (10%) or ten feet (10'), whichever is greater;

      2.   There is added an appurtenance to the body of that structure that would protrude from the edge of that structure by more than six feet (6'); or

      3.   It involves the installation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any other ground cabinets associated with the structure; or

      4.   It involves the installation of any new equipment cabinets on the ground if there is no preexisting ground cabinet associated with that structure.

   C.   Type 3: For any tower (not in the public right-of-way):

      1.   The height of the tower is increased by: a) more than ten percent (10%), or b) by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet (20'), whichever is greater; or

      2.   There is added an appurtenance to the body of the tower that would protrude from the edge of the tower by: a) more than twenty feet (20'), or b) more than the width of the tower at the level of the appurtenance, whichever is greater; or

      3.   Towers cannot be located in public rights- of-way.

18.13.030.37: WIRELESS COMMUNICATIONS FACILITY (WCF): Any facility that transmits and/or receives electromagnetic signals, including small cells, antennas, microwave dishes, parabolic antennas, directional antennas and other types of equipment for the transmission or reception of such signals, and including, towers or similar structures supporting the equipment, equipment buildings, shelters, cabinets, parking area, and other accessory development. However, communications facilities shall not include any satellite earth station antenna six and one half feet (6 1/2') in diameter or less which is located in an area zoned Industrial, C-2 or C-1; or any satellite earth station antenna three and one half feet (3 1/2') or less in diameter, regardless of zoning category. (Ord. 836, 9-1-2021)

   A.   New Uses: All new antennas and antenna support structures shall comply with the requirements of this chapter after the effective date hereof by which this chapter was adopted.

   B.   Existing Uses: Towers and antennas existing before the effective date hereof by which this chapter was adopted which do not meet the requirements of this chapter shall be allowed to continue as they presently exist, but will be considered nonconforming uses.

Routine maintenance shall be permitted on existing towers and antennas. However, new construction other than routine maintenance on existing towers, antennas, buildings or other facilities shall comply with the requirements of this chapter. (Ord. 535 § 2, 2000)

The following are exempt from the provisions of this chapter and shall be permitted in all zones, unless otherwise specifically provided:

   A.   Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC.

   B.   Antennas and related equipment no more than three feet (3') in height that are being stored, shipped, or displayed for sale.

   C.   Radar systems for military and civilian communication and navigation.

   D.   Wireless radio utilized for temporary emergency communications in the event of a disaster.

   E.   Licensed amateur (ham) radio stations.

   F.   Satellite earth stations, dishes and/or antennas used for private television reception not exceeding three and one half feet (3 1/2') in diameter, including direct to home satellite services, when used as a secondary use of the property.

   G.   Routine maintenance or repair of a WCF and related equipment (excluding structural work or changes in height or dimensions of antennas, towers, or buildings), provided that compliance with the standards of this chapter are maintained.

   H.   A government owned WCF installed upon the declaration of a state of emergency by federal, state or local government, or by resolution of public necessity by the city council. Such facility shall comply with all federal and state requirements. The WCF shall be exempt from the provisions of this chapter for up to one week after the duration of the state of emergency

   I.   A temporary, commercial WCF installed for providing coverage of a special event such as news coverage of a sporting event. The WCF shall be exempt from the provisions of this chapter for up to one week before and after the duration of the special event.

   J.   Subject to compliance with all other applicable standards of this chapter, a building permit application need not be filed in advance of emergency repairs or maintenance of a WCF, provided that the permit application is on file within thirty (30) days of completion of the emergency activity.

   K.   Small cell, DAS, and publicly available Wi-Fi antennas located in public parks or spaces when deemed desirable by the City Council to primarily serve the public and to attract the public and an increasingly mobile workforce to these spaces and to Chubbuck, generally, Such facilities, particularly in public parks, are not exempt if they are capable of or designed to transmit or receive signals beyond park boundaries. Antennas under this exemption do not require conditional use permits irrespective of zoning district and shall be approved by the Design Review Committee prior to installation and the committee shall ensure that the facilities are as minimal and unobtrusive as possible to meet the purpose. Installations may be publicly owned or privately owned and under a private-public partnership agreement. (Ord. 836, 9-1-2021)

In establishing a new site, the industry requires a location that is technically compatible with the established network. A general area is to be identified based upon engineering constraints and the desired area of service. Specific locations within that general area will be evaluated using the following criteria which are not listed in order of priority:

   A.   Topography as it relates to line of sight transmissions for optimum efficiency in telephone service.

   B.   Availability of road access.

   C.   Availability of electric power.

   D.   Availability of land based telephone lines or microwave link capability.

   E.   Leasable lands, and landlords who want facilities to be located on their properties consistent with zoning regulations.

   F.   Screening potential of existing vegetation, structures and topographic features.

   G.   Zoning that will allow low power mobile radio service facilities.

   H.   Compatibility with adjacent land uses.

   I.   The least number of sites to cover the desired area.

   J.   The greatest amount of coverage, consistent with physical requirements.

   K.   Opportunities to mitigate possible visual impact.

   L.   Availability of suitable existing structures for antenna mounting. (Ord. 535 § 2, 2000)

   A.   Any applicant proposing to construct an antenna support structure, or mount an antenna on an existing structure, shall demonstrate by engineering evidence satisfactory to the city that the antenna location will satisfy its function in the applicant’s local network system. Further, the applicant must demonstrate by satisfactory engineering evidence that the height requested is the minimum height necessary to fulfill the site’s function within the local network system. Notwithstanding this provision, applicant may also propose a height greater than the minimum necessary in order to plan for and accommodate collocation of other facilities on the same structure.

   B.   Applications for necessary permits will only be processed when the applicant demonstrates either that it is an FCC licensed telecommunications provider or that it has agreements with an FCC licensed telecommunications provider for use or lease of the support structure.

   C.   Low power mobile radio service facilities shall be located and designed to minimize any significant adverse impact on residential property values. Facilities shall be placed in locations where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening.

   D.   In all zones, location and design of facilities shall consider the impact (including visual) of the facility on the surrounding neighborhood. In all zones, towers shall be significantly screened to the extent that it does not result in significant signal degradation. If there are no trees to provide screening, the site shall utilize significant and satisfactory camouflage or other design/construction methods so as to provide compatible aesthetics of and around the site, to the fullest extent reasonably possible, as determined through the design review or conditional use permit process. (Ord. 535 § 2, 2000)

   A.   Order Of Priorities: The order of priorities for locating new WCFs shall be as follows:

      1.   Place antennas on existing towers and structures on public property where other antennas are already located, if practical.

      2.   Place antennas and towers on public property if practical.

      3.   Place antennas on appropriate rights-of-way and existing structures, such as buildings, towers, water towers and smokestacks; provided that this shall not include nonconforming structures or uses.

      4.   Place antennas and towers on industrial property in districts zoned for industrial uses.

      5.   Place antennas and towers on commercial property in districts zoned for commercial uses.

      6.   Place antennas and towers on property in districts zoned for mixed commercial and residential use which does not adjoin or adversely impact residential neighborhoods.

      7.   Place antennas and towers on commercial property in districts zoned for mixed commercial and residential uses.

      8.   Place antennas and towers on other nonresidential property.

      9.   Place antennas on multi-family residential structures exceeding thirty feet (30') in height.

      10.   Place antennas and towers on property in residential zones only if: a) locations are not available on existing structures or in nonresidential districts; and b) locations are on or in existing churches, parks, schools, utility facilities, or other appropriate public facilities.

   B.   Location In Residential Zones:

      1.   An applicant that wishes to locate a new antenna support structure in a residential zone shall demonstrate that a diligent effort has been made to locate the proposed communications facilities on a government facility, a private institutional structure, or other appropriate existing structures within a nonresidential zone, and that due to valid considerations including physical constraints, and economic or technological feasibility, no appropriate location is available.

      2.   The information submitted by the applicant shall include: a) a map of the area to be served by the tower or antenna, b) its relationship to other cell sites in the applicant’s network and a network master plan, and c) an evaluation of existing buildings taller than thirty feet (30'), within one-fourth (1/4) mile of the proposed tower or antenna which from a location standpoint could provide part of a network to provide transmission of signals. (Ord. 836, 9-1-2021)

   A.   Use Priority: Where public property is sought to be utilized by an applicant, priority for the use of city owned land for wireless antennas and towers will be given to the following entities in descending order:

      1.   City of Chubbuck;

      2.   Public safety agencies, including law enforcement, fire and ambulance services, which are not part of the city of Chubbuck and private entities with a public safety agreement with the city of Chubbuck;

      3.   Other governmental agencies, for uses which are not related to public safety; and

      4.   Entities providing licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), data, internet, paging, and similar services that are marketed to the general public.

   B.   Minimum Requirements: The placement of WCFs on city owned property must comply with the following requirements:

      1.   The facilities will not interfere with the purpose for which the city owned property is intended;

      2.   The facilities will have no significant adverse impact on surrounding properties;

      3.   The applicant will obtain adequate liability insurance and commit to a lease agreement which includes equitable compensation for the use of public land and other necessary provisions and safeguards including cost for removal of facilities at end of lease agreement. The city shall establish fees after considering comparable rates in other cities, potential expenses, risks to the city, and other appropriate factors;

      4.   The antennas or tower will not interfere with other users which have a higher priority as discussed in subsection A of this section;

      5.   The lease shall provide that, in the case of a declared emergency or documented threat to public health, safety or welfare and following reasonable notice, the city may require the applicant to remove the facilities at the applicant’s expense;

      6.   The applicant must reimburse the city for any related costs which the city incurs because of the presence of the applicant’s facilities;

      7.   The applicant must obtain all necessary land use approvals;

      8.   The applicant must cooperate with the city’s objective to encourage collocations and thus limit the number of cell sites requested, and camouflage the site; and

      9.   The applicant must comply with requirements for maintenance of the facility site, including, but not limited to, keeping lawns mowed, providing litter control and maintaining trees and other vegetation in a healthy state, or such stricter requirements as may be set forth in any design review meeting minutes or conditional use permit, or decision of a reviewing body.

   C.   Special Requirements For Parks: The use of city owned parks for WCFs brings with it special concerns due to the unique nature of these sites. The placement of WCFs in a park will be allowed only when the following additional requirements are met:

      1.   The land use and development commission has granted a conditional use permit for the proposed WCFs to be located in the park;

      2.   Before WCFs may be located in public parks, the applicant shall demonstrate to the satisfaction of the city of Chubbuck that visual impacts have been mitigated to the fullest extent reasonably possible and that accommodations have been included in the design and placement so that there would be no disruption of normal public use of the park;

      3.   The applicant shall clearly demonstrate that the placement of the WCFs in a public park is absolutely necessary for the effective operation of the applicant’s wireless service, and that alternate placement would not be reasonably possible.

   D.   Required Submittals: Design review, application for conditional use permit, building permit, and other related requests may include any combination of site plans, surveys, maps, technical reports, or written narratives necessary to convey the following information in addition to the requirements of applicable codes and regulations of the city of Chubbuck:

      1.   Photo simulations of the proposed facility from affected residential properties and public rights-of-way at varying distances;

      2.   A site elevation and landscaping plan indicating the specific placement of the facility on the site, the location of existing structures, trees, and other significant site features, the type and location of plant materials used to screen the facility, and the proposed color(s) of the facility;

      3.   A signed statement indicating that: a) the applicant and landowner agree they will diligently negotiate in good faith to facilitate collocation of additional WCFs by other providers on the applicant’s structure or within the same site location and b) the applicant and/or landlord agree to remove the facility within sixty (60) days after abandonment;

      4.   Copies of any environmental documents required by any federal agency, These shall include the environmental assessment required by FCC para. 1.1307, or, in the event that an FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment;

      5.   A site plan clearly indicating the location, type and height of the proposed tower and antenna, on site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower, and any other proposed structures;

      6.   A current map and aerial showing the location of the proposed tower, a map showing the locations and service areas of other WCFs operated by the applicant and those proposed by the applicant that are close enough to impact service within the city;

      7.   Legal description of the parcel, if applicable;

      8.   A current map showing all existing towers and antennas of the applicant located within the city;

      9.   The approximate distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties;

      10.   A landscape plan showing specific landscape materials;

      11.   Method of fencing, and finished color and, if applicable, the method of camouflage and illumination;

      12.   A letter signed by the applicant stating the tower will comply with all FAA regulations and ECIA standards and all other applicable federal, state and local laws and regulations;

      13.   A statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users; and, if not, the reasons it will not accommodate collocation;

      14.   Certification acceptable to the city that the equipment, facilities or their use will not interfere with other adjacent or neighboring transmission or reception functions or other neighborhood uses;

      15.   The telecommunications company must demonstrate that it is licensed by the FCC if required to be licensed under FCC regulations;

      16.   If the applicant is not the telecommunications service provider, the applicant shall submit proof of lease agreements with an FCC licensed telecommunications provider if such telecommunications provider is required to be licensed by the FCC;

      17.   A full site plan shall be required for all sites, showing the tower, antenna, antenna support structure, building, fencing, buffering, access, and all other items required in this chapter; and

      18.   At the time of site selection, the applicant should demonstrate how the proposed site fits into its overall network within the city. (Ord. 836, 9-1-2021)

   A.   To the extent possible not otherwise covered by subsection 18.13.030.15 of this chapter, “eligible facilities requests”, collocation, new WCF antenna arrays, DAS and small cells are permitted in all zoning districts via administrative approval provided that the antenna array or roof mounted antenna does not constitute a “substantial change” to an existing tower or base station.

   B.   A type 1 application with applicable fees shall be submitted.

   C.   If any support structure must be constructed to achieve the needed elevation or if the attachment adds more than ten feet (10') above the existing structure or roofline, the proposal is subject to a type 2 review and application, The limitation to constitute a “substantial change” to an existing tower or base station applies to cumulative increases and any previously approved additions to height made under this section must be included in said measurement.

   D.   Any equipment shelter, cabinet or ancillary equipment are subject to building setbacks as required in the underlying zoning district.

   E.   Applicable building, mechanical, and electrical permits are required as determined by the building official.

   F.   Distributed antenna systems and small cells:

      1.   Permitted: Distributed antenna systems (DAS) and small cells are permitted in all zoning districts.

      2.   Review: DAS and small cells are subject to approval via administrative review only, unless installation requires the construction of a new utility support structure or building. Type 2 review is required when the applicant proposes new utility support structure or building,

      3.   Multiple Site DAS And Small Cells:

         a.   A single application may be submitted and permit may be used for multiple distributed antennas that are part of a larger overall DAS network.

         b.   A single application may be submitted and permit may be used for multiple small cells spaced to provide wireless coverage in a contiguous area. (Ord. 836, 9-1-2021)

   A.   Tower Sharing And Collocation: New WCF facilities shall, to the maximum extent feasible, collocate on existing towers or other structures of a similar height to avoid construction of new towers, unless precluded by zoning constraints such as height, structural limitations, inability to obtain authorization by the owner of an alternate location, or where an alternate location will not meet the service coverage objectives of the applicant.

   B.   New Towers: Applications for a new tower must address all existing towers or structures of a similar height within one-half (½) mile of the proposed site as follows:

      1.   By providing evidence that a request was made to collocate on the existing tower or other structure, with no success; or

      2.   By showing that locating on the existing tower or other structure is infeasible with a detailed written explanation detailing why a new tower is required.

   C.   Tower Setback, Base Station And/Or Accessory Facilities: Setbacks are required based on the zoning district as measured from property lines to the base of the tower. Setback requirements may be modified so that a tower can be placed so as to reduce its visual impact, e.g., adjacent to trees which may partially hide the tower.

   D.   Separation: Towers shall be separated from all residentially zoned lands by a minimum of one hundred fifty feet (150') unless located on City owned property.

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

   F.   Easements And Lease Agreements: The boundaries of easements and lease areas for cell towers need to be monumented and a record of survey filed with the County.

   G.   Substantial Change: A modification substantially changes the physical dimensions of a tower or base station if it meets any of the following:

      1.   For towers outside of public rights-of-way (“ROW”), it increases the height of the tower by more than ten percent (10%) or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet (20'), whichever is greater;

      2.   For existing towers in the ROW and all base stations, it increases the height of the tower or base station by more than ten percent (10%) or ten feet (10'), whichever is greater;

      3.   For towers outside the ROW, it protrudes from the edge of the tower more than twenty feet (20'), or more than the width of the tower structure at the level of the appurtenance, whichever is greater;

      4.   For existing towers in the ROW and all base stations, it protrudes from the edge of the structure more than six feet (6');

      5.   It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets;

      6.   It entails any excavation or deployment outside of the current site of the tower or base station;

      7.   It would defeat the existing concealment/camouflage elements of the tower or base station; or

      8.   It does not comply with conditions associated with the locality’s prior zoning approval of construction or modification of the tower or base station, unless the noncompliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that does not exceed the corresponding “substantial change” thresholds.

   H.   Signs Prohibited: Except as set forth herein, no signs, banners or similar devices or materials may be attached to the tower, antenna support structures or antennas.

   I.   While collocation and the requirements herein are encouraged, collocation shall not take precedence over the construction of shorter towers with appropriate screening. (Ord. 836, 9-1-2021)

   A.   As provided above, new facilities shall be designed to accommodate collocation, unless the applicant demonstrates why such design is not feasible for economic, technical, or physical reasons.

   B.   Facilities shall be architecturally compatible with the surrounding buildings and land uses in the zoning district and screened or otherwise integrated, through location and design, to blend in with the existing characteristics of the site.

      1.   Setback: A tower’s setback shall be measured from the base of the tower to the property line of the parcel on which it is located. In residential districts and residential land use areas, where permitted, towers shall be set back from all property lines a distance equal to one hundred percent (100%) of tower height as measured from ground level, unless applicant demonstrates that because of design, landscaping or screening, unusual geographic limitations or other public policy considerations such a setback is unnecessary and the city, in its sole discretion, determines such a setback is not necessary. All other towers shall comply with the minimum setback requirements of the area in which they are located in all other zoning districts, unless there are unusual geographical limitations or other public policy considerations as determined in the sole and absolute discretion of the city.

Such considerations shall include by way of illustration and not limitation, but are not limited to:

         a.   impact on adjacent properties;

         b.   Alternative sites for WCFs; and

         c.   The extent to which screening and camouflaging will mitigate the effects of the WCFs.

      2.   Right-of-way Setback Exception: The setback requirement may be waived if the antenna and antenna support structure is located in the city right-of-way.

      3.   View Corridors: Due consideration shall be given so that placement of towers, antennas, and WCFs do not obstruct or significantly diminish views.

      4.   Color: Towers shall have a color generally matching the surroundings or background that minimizes their visibility, unless a different color is required by the FCC or FAA. Security fencing should be colored or should be of a design which blends into the character of the existing neighborhood.

      5.   Lights, Signals And Signs: No signals, lights, or signs shall be permitted on towers unless required by the FCC or the FAA. Should lighting be required, in cases where there are residences located within a distance which is three hundred percent (300%) of the height of the tower, then dual mode lighting shall be requested from the FAA.

      6.   Equipment Structures: Ground level equipment, buildings, and the tower base shall be screened from public view. All such structures shall be considered primary structures, not accessory structures. The standards for the equipment buildings are as follows:

         a.   The maximum floor area is three hundred (300) square feet and the maximum height is twelve feet (12'). Except in unusual circumstances or for other public policy considerations the equipment building may be located no more than two hundred fifty feet (250') from the tower or antenna. Depending upon the aesthetics and other issues, the city, in its sole discretion, may approve multiple equipment structures or one or more larger structures.

         b.   Ground level buildings shall be screened from view by landscape plantings, fencing, or other appropriate means, as specified herein or in other city ordinances, code sections or regulations.

         c.   Equipment buildings mounted on a roof shall have a finish similar to the exterior building walls. Equipment for roof mounted antennas may also be located within the building on which the antenna is mounted.

         d.   In instances where equipment buildings are located in residential zones, equipment buildings shall comply with setback requirements and shall be designed so as to conform in appearance with nearby residential structures.

         e.   Equipment buildings, antenna, and related equipment shall occupy no more than twenty five percent (25%) of the total roof area of the building the facility is mounted on, which may vary in the city’s sole discretion if collocation and an adequate screening structure is used.

         f.   The use must be approved on a site plan or final development plan, as applicable.

      7.   Federal Requirements: All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If those standards and regulations are changed, then carriers governed by this chapter shall bring their towers and antennas into compliance with the revised standards and regulations within three (3) months of their effective date or the time lines provided by the revised standards and regulations, whichever time period is longer. The revised standards and regulations are not retroactively applicable to existing providers, unless otherwise provided or permitted by federal law. Failure to bring towers and antennas into compliance with the revised standards and regulations shall constitute grounds for the city to remove a provider’s facilities at the provider’s expense.

      8.   Building Codes; Safety Standards: To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable city building codes, FCC standards for towers, and other standards that are published by the ECIA, as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring the tower into compliance with such standards. If the owner fails to bring its tower into compliance within thirty (30) days, the city may remove the tower at the owner’s expense. If the structure is determined by the city to pose an imminent danger to the public, the city shall be entitled to abate the danger through the processes and according to the timetables of the international building code and the 1997 uniform code for the abatement of dangerous buildings.

      9.   Structural Design: Towers shall be constructed to ECIA standards, which may be amended from time to time, and to all applicable construction/building codes. Further, any improvements or additions to existing towers shall require submission of site plans stamped by a professional engineer which demonstrate compliance with the ECIA standards and all other good industry practices. The plans shall be submitted and reviewed at the time building permits are requested. The antenna and its support structure shall be designed to withstand a wind force of one hundred (100) miles per hour without the use of supporting guywires.

      10.   Antenna Support Structure Safety: The applicant shall demonstrate that the proposed antenna and support structure is safe and the surrounding areas will not be negatively affected by support structure failure, falling ice, or other debris or interference. All support structures shall be fitted with anticlimbing devices, as approved by the manufacturers.

      11.   Tower And Antenna Height: The applicant shall demonstrate that the tower and antenna is the minimum height required to function satisfactorily; provided additional height beyond the minimum may be allowed if necessary to accommodate collocation. No tower or antenna that is taller than this minimum height shall be approved unless necessary to accommodate collocation. No tower or mount shall exceed one hundred feet (100') in any park, industrial zone or commercial zone. Towers in residential areas are not allowed unless integrated with another structure.

A variance from the height limit may be granted if the applicant can show by clear and convincing evidence that the additional height is necessary to provide adequate service to the residents of the city and no other alternative is available.

      12.   Required Parking: If the cell site is fully automated, adequate paved parking shall be required for maintenance workers. If the site is not automated, arrangements for adequate off street parking shall be made and documentation thereof provided to the city.

      13.   Tower Separation: In no case shall towers be located closer than five hundred feet (500') from another tower whether it is owned or utilized by applicant or another provider, unless the city designates areas where multiple towers can be located in closer proximity.

      14.   Antenna Criteria: Antennas on or above a structure shall be subject to the following:

         a.   The antenna shall be as architecturally compatible as reasonably possible, with the building and wall on which it is mounted, and shall be designed and located so as to minimize any adverse aesthetic impact.

         b.   The antenna shall be mounted on a wall of an existing building in a configuration as flush to the wall as technically possible and shall not project above the wall on which it is mounted unless it must be for technical reasons. In no event shall an antenna project more than sixteen feet (16') above the roofline including parapets.

         c.   The antenna shall be constructed, painted, or fully screened to match as closely as possible the color and texture of the building and wall on which it is mounted.

         d.   The antenna may be attached to an existing conforming mechanical equipment enclosure which projects above the roof of the building, but may not project any higher than the enclosure.

         e.   If an accessory equipment shelter is present, it must blend with the surrounding buildings in architectural character and color.

         f.   The structure must be architecturally and visually (color, size, bulk) compatible with surrounding existing buildings, structures, vegetation, and uses. Such facilities will be considered architecturally and visually compatible if they are camouflaged to disguise the facility,

         g.   Site location and development shall preserve the preexisting character of the site as much as possible. Existing vegetation should be preserved or improved, and disturbance of the existing topography of the site should be minimized, unless such disturbance would result in less visual impact of the site on the surrounding area, The effectiveness of visual mitigation techniques shall be evaluated by the city, in the city’s sole discretion.

         h.   In addition to the other requirements of this chapter, on buildings thirty feet (30') or less in height, the antenna may be mounted on the roof if the following additional criteria are satisfied:

            (1)   The city finds that it is not technically possible or aesthetically desirable to mount the antenna on a wall.

            (2)   No portion of the antenna or base station causes the height of the building to exceed the limitations set forth herein.

            (3)   The antenna or antennas and related base stations cover no more than an aggregate total of twenty five percent (25%) of the roof area of a building, which may vary in the city’s sole discretion, if collocating and an adequate screening structure is used.

            (4)   Roof mounted antenna and related base stations are completely screened from view by materials that are consistent and compatible with the design, color, and materials of the building.

            (5)   No portion of the antenna may exceed sixteen feet (16') above the height of the existing building.

         i.   If a proposed antenna is located on a building or a lot subject to a site review, approval is required prior to the issuance of a building permit.

         j.   No antenna shall be permitted on property designated as an individual landmark or as a part of a historic district, unless such antenna has been approved in accordance with city ordinances and regulations.

         k.   No carrier or lessee or agent thereof shall fail to cooperate in good faith to accommodate collocation with competitors. If a dispute arises about the feasibility of collocating, the city may require a third party technical study, at the expense of either or both parties, to resolve the dispute.

         l.   No carrier or lessee shall fail to assure that its antenna complies at all times with the current applicable FCC standards. After installation, but prior to putting the antenna service, each provider shall submit a certification by an independent professional engineer to that effect. In the event that an antenna is collocated with another antenna, the certification must provide assurances that FCC approved levels of electromagnetic radiation will not be exceeded by the collocation.

         m.   Antennas shall comply with FCC regulations to minimize interference with the reception of any other communications signals including public safety, television, and radio broadcast signals.

         n.   No person shall locate an antenna or tower for wireless communications services upon any lot or parcel except as provided in this chapter. (Ord. 836, 9-1-2021)

A WCF permit shall be required for all new installations and modifications of WCFs, antenna, and various equipment unless exempted in this Chapter.

   A.   A WCF permit shall be required for an “eligible facilities request” that does not “substantially change the physical dimensions of the existing wireless tower or base station” as defined in the Spectrum Act and CFR 1.61000. They are considered Type 1 requests, which must be acted upon by the city within 60 days after a complete application is submitted, or are deemed granted per Federal Law. The 60 day time limit for action may be extended if agreed upon by both parties. Type 1 requests include the following.

      1.   Collocation of new transmission equipment;

      2.   The removal of transmission equipment;

      3.   The replacement or modification of transmission equipment;

      4.   Distributed antenna system (DAS) and small cell facilities.

   B.   A WCF permit shall be required for requests that “substantially change the physical dimensions” of an eligible support structure as defined in the Spectrum Act and CFR 1.61000. They are considered Type 2 requests, which must be acted upon within 90 days after a complete application is submitted. Unlike Type 1 requests, they are not deemed approved after 90 days. Type 2 requests include the following:

      1.   Any modification of an eligible support structure, including the collocation of new equipment, that substantially changes the physical dimensions of the eligible support structure on which it is mounted; or

      2.   Any collocation not eligible for a type 1 permit; or

      3.   Any roof mounted antenna and support system for an antenna not exceeding ten feet (10') above the highest portion of the roof; or

      4.   A new tower located in the public right-of-way.

   C.   A new WCF tower that is not a collocation considered a type 1 or 2 WCF permit as outlined in this Title shall be considered a Type 3 request. Type 3 requests include roof mounted antenna exceeding 10 feet above the highest portion of a roof. Type 3 requests must be acted upon within 150 days after a complete application is submitted. Unlike Type 1 requests, they are not deemed approved after 150 days.

   D.   Where a tower or antenna support structure will be sixty feet (60') or less in height, in addition to the other provisions of this chapter, an applicant will be required to submit the plan to the design review committee for review. In the event that a proposed tower or antenna support structure will be located in a residential zone, park, or mixed residential and commercial zone, or will be more than sixty feet (60') in height, in addition to the other provisions of this chapter, an applicant will be required to obtain a conditional use permit, unless located in an industrial zone, in which case the structure is a permitted use. With respect to the placement of antenna on a tower or antenna support structure, the requirements for a conditional use permit will be applicable based on the height of the tower and antenna or mount and antenna unless this chapter provides other requirements to the contrary.

      1.   Project permit review procedures shall be as specified in the ordinances, codes, resolutions and regulations of the city of Chubbuck.

      2.   The table in subsection 18.13.140 specifies the permits required for the various types of WCFs that meet the standards of this chapter. (Ord. 836, 9-1-2021)

 

 

 

To meet the standards of this chapter, a WCF must also comply with the other requirements under this chapter and with the following: For antennas attached to the roof or sides of a building at least thirty feet (30') in height, an existing tower, a water tank, or a similar structure:

   A.   Type: The antenna must be either:

      1.   An omnidirectional or whip antenna no more than seven inches (7") in diameter and extending no more than sixteen feet (16') above the structure to which it is attached; or

      2.   A panel antenna no more than two feet (2') wide and six feet (6') long, extending above the structure to which it is attached by no more than ten feet (10').

   B.   Other Height Restrictions: Antenna, antenna arrays, and support structures not on publicly owned property shall not extend more than sixteen feet (16') above the highest point of the structure on which they are mounted.

   C.   Setback From Street: Unless there are unusual geographic limitations or other public policy considerations, as determined in the city’s sole discretion, no such antenna, antenna array, or its support structure shall be erected or maintained closer to any street than the minimum setback for the zone in which it is located unless otherwise waived or exempt.

   D.   Guywires Restricted: No guy or other support wires shall be used in connection with such antenna, antenna array, or its support structure except when used to anchor the antenna, antenna array, or support structure to an existing building to which such antenna, antenna array, or support structure is attached.

   E.   Exemption: To the extent that antennas are attached to electric, phone or light poles and such antennas are no more than two feet (2') in height, design review and building permit review will be required, but such antennas shall not be subject to setbacks and screening requirements. (Ord. 836, 9-1-2021)

   A.   City Review Of Application Materials: The time frame for review of an application shall begin to run when the application is submitted, but shall be tolled if the City finds the application incomplete and requests, in writing, that the applicant submit additional information to complete the application. Such requests shall be made within thirty (30) days of submission of the application. After submission of additional information, the City will notify the applicant within ten (10) days of this submission if the additional information failed to complete the application, If the City deems an application or supplemental submission incomplete, it shall identify in its written notice to the applicant the information and/or materials it considers missing from the application.

   B.   Type 1 Processing Time: For type 1 modifications or collocations, the City will act on the WCF application together with any other City permits required for a proposed WCF modification within sixty (60) days, adjusted for any tolling due to requests for additional information or mutually agreed upon written extensions of time.

      1.   If the City determines that the application does not qualify as a type 1 eligible facilities request, the City will notify the applicant of such determination in writing and will process the application as a type 2 WCF application.

      2.   To the extent Federal law provides a “deemed granted” remedy for type 1 WCF application(s) not timely acted upon by the City, no such application shall be deemed granted until the applicant provides notice to the City, in writing, that the application has been deemed granted after the time period in this subsection B has expired.

      3.   Any deemed type 1 WCF application shall be subject to following conditions:

         a.   The approval of a type 1 WCF permit shall be subject to the conditions of approval of the underlying permit, except as may be preempted by the Spectrum Act.

         b.   The proposed project shall be built in compliance with the approved plans on file with the City of Chubbuck.

   C.   Type 2 Processing Time: For type 2 WCF permits, the City will act on the application within ninety (90) days, adjusted for any tolling due to requests for additional information or mutually agreed upon written extensions of time.

   D.   Type 3 Processing Time: For type 3 WCF permits, the City will act on the application within one hundred fifty (150) days, adjusted for any tolling due to requests for additional information or mutually agreed upon written extensions of time.

   E.   Denial Of Application: In the event that the City denies a WCF application, the City will notify the applicant of the denial in writing outlining the reasons for the denial in a Findings of Fact and Conclusions of Law. (Ord. 836, 9-1-2021)

   A.   Each permittee shall maintain its WCF in a good and safe condition, preserving the original appearance and concealment, disguise or screening elements incorporated into the design at the time of approval and in a manner which complies with all applicable federal, state, and local requirements. Such maintenance shall include, but not be limited to, such items as painting, repair of equipment, and maintenance of landscaping. If the permittee fails to maintain the facility, the city may undertake the maintenance at the expense of the permittee or terminate the permit, and remove the WCF at owner’s expense, at its sole option upon fifteen (15) days’ written notice via normal first class mail.

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

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

      2.   In the event that the use of a tower is discontinued by the tower owner, the tower owner shall provide written notice to the city of its intent to discontinue use and the date when the use shall be discontinued and the tower removed from the premises.

   C.   After a facility becomes operational, the facility operator shall conduct safety and maintenance inspections in accordance with ECIA and FCC standards and regulations. At the request of the City, the facility operator shall, within sixty (60) days of the request, provide copies of the duly filed safety inspection report, or the facility operator’s maintenance reports, for the prior twelve (12) months. (Ord. 836, 9-1-2021)

   A.   Landscaping; Landscaping, as described herein, shall be required to screen WCFs as much as possible, to soften the appearance of the cell site. The city may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping. If the antenna is mounted flush on an existing building, and other equipment is housed inside an existing structure, landscaping shall not be required.

   B.   Screening: The visual impacts of a WCF shall be mitigated through landscaping or other screening materials at the base of the tower and ancillary structures. The following landscaping and buffering shall be required around the perimeter of the tower and accessory structures, except that the city may waive the standards for those sides of the facility that are not in public view. Landscaping shall be installed on the outside of fences. Further, existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or as a supplement to landscaping requirements.

      1.   A row of evergreen trees a minimum of six feet (6') tall at planting a maximum of six feet (6') apart shall be planted around the perimeter of the fence; and

      2.   A continuous hedge at least thirty six inches (36") high at planting capable of growing to at least forty eight inches (48") in height within eighteen (18) months shall be planted in front of the tree line referenced above.

      3.   In the event that landscaping is not maintained at the level required herein or as required in any design review or conditional use permit, or decision of a reviewing body, the city after giving thirty (30) days’ advance written notice may maintain or establish the landscaping and bill both the owner and lessee for such costs until such costs are paid in full. (Ord. 836, 9-1-2021)

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

   B.   At such time that a licensed carrier plans to abandon or discontinue operation of a WCF, the carrier shall notify the city by first class U.S. mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than thirty (30) days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the WCF shall be considered abandoned, effective the day of discontinuance. Upon such abandonment, the provider shall have sixty (60) days or additional period of time determined in the reasonable discretion of the city within which to:

      1.   Reactivation: Reactivate the use of the facility or transfer the facility to another provider who makes actual use of the facility; or

      2.   Collocation: In the event that “abandonment” as defined in this chapter occurs due to relocation of an antenna at a lower point on the antenna support structure, reduction in the effective radiated power of the antenna or reduction in the number of transmissions from the antennas, the operator of the tower shall have six (6) months from the date of effective abandonment to collocate another service on the tower. If another service provider is not added to the tower, then the operator shall promptly dismantle and remove that portion of the tower which exceeds the minimum height required to function satisfactorily. Notwithstanding the foregoing, changes which are made to WCFs which do not diminish their essential role in providing a total system shall not constitute abandonment. However, in the event that there is a physical reduction in height of substantially all of the providers’ towers in the city or surrounding area then all of the towers within the city shall similarly be reduced in height.

   E.   If a carrier fails to remove a WCF in accordance with this section, the city may cause the facility to be removed and all expenses of removal, disposal, and restoration shall be paid by the owner of the land where the facility is located.

   F.   At the earlier of sixty (60) days from the date of abandonment without reactivating or upon completion of dismantling and removal, city approval for the facility shall automatically expire. (Ord. 836, 9-1-2021)

Carriers use various methodologies and analyses, including geographically based computer software, to determine the specific technical parameters of their services and low power mobile radio service facilities, such as expected coverage area, antenna configuration, topographic constraints that affect signal paths, etc. In certain instances, a third party expert may need to review the technical data submitted by a provider. The city may require a technical review as part of a permitting process. The costs of the technical review shall be borne by the provider.

The selection of the third party expert may be by mutual agreement between the provider and the city, or at the discretion of the city, with a provision for the provider and interested parties to comment on the proposed expert and review its qualifications. The expert review is intended to address interference and public safety issues and be a site specific review of technical aspects of the facilities or a review of the provider’s methodology and equipment used and not a subjective review of the site which was selected by a provider. Based on the results of the expert review, the city may require changes to the provider’s application. The expert review shall address the following:

   A.   The accuracy and completeness of submissions;

   B.   The applicability of analysis techniques and methodologies;

   C.   The validity of conclusions reached; and

   D.   Any specific technical issues designated by the city. (Ord. 836, 9-1-2021)

   A.   Any person violating any of the provisions of this chapter upon conviction shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment for a period of up to ninety (90) days, or by both such fine and imprisonment, for each day during which an offense occurs.

   B.   In addition to receiving any monetary remuneration, the city shall have the right to seek injunctive relief for any and all violations of this chapter, and for other relief and/or remedies provided at law or in equity. (Ord. 836, 9-1-2021)