The provisions of this chapter shall be known as the SPECIAL/HAZARD AREA REGULATIONS. It is the purpose of these provisions to delineate additional controls to be exercised over designated hazard areas. (Ord. 1691 §1(part), 1982)

The special/hazard area regulations are in addition to other regulations in the zoning ordinance. In case of a conflict between regulations, the most restrictive shall apply except as otherwise indicated. (Ord. 1691 §1(part), 1982)

When the special/hazard area regulations or other provisions of the zoning ordinance require the issuance of a special use permit, such permits shall only be issued when the proposed activity satisfies all conditions and requirements, and is consistent with the intent and purpose of the special/hazard area regulations. (Ord. 1691 §1(part), 1982)

(Rep. by Ord. 3380 §1, 2010)

(Rep. by Ord. 3380 §1, 2010)

(Rep. by Ord. 3380 §1, 2010)

(Rep. by Ord. 3380 §1, 2010)

(Rep. by Ord. 3380 §1, 2010)

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(Rep. by Ord. 3380 §1, 2010)

   A.   The provisions of this article shall be known as SHORELINE REGULATIONS.

   B.   It is the purpose of these provisions to protect, preserve and enhance visual resources and public access of the Coeur d'Alene shoreline, as defined herein, by establishing certain limitations and restrictions on specifically defined shoreline property located within the city limits.

   C.   The provisions of this article do not apply to:

      1.   The Coeur d'Alene municipal wastewater treatment plant; and

      2.   Other facilities or structures on city owned property intended to provide or secure physical or visual access to the shoreline. (Ord. 3452, 2012)

   A.   These shoreline regulations shall apply to all property located within one hundred fifty feet (150') of the shoreline of Lake Coeur d'Alene and the Spokane River.

   B.   In the case of properties crossed by the shoreline district boundary, only those portions which are within the district itself shall be subject to the shoreline regulations.

   C.   For the purposes of the shoreline regulations, the shoreline is determined by the average summer storage level of Lake Coeur d'Alene at elevation two thousand one hundred twenty eight (2,128) WWP datum (2,125 USGS datum). (Ord. 1722 §2(part), 1982)

The shoreline district shall overlay the underlying zoning district. The shoreline regulations shall apply in addition to the underlying zoning district regulations. In case of conflict between regulations, the more restrictive shall apply. (Ord. 1722 §2(part), 1982)

   A.   Building height shall be determined in accordance with the provisions of subsection 17.02.065C of this title except that in cases where site work, such as a retaining wall or an earth berm is utilized to create finished grades higher in elevation than preexisting grade, then preexisting grade shall be used in the determination of building or structure height.

   B.   For the purposes of the shoreline regulations, "preexisting grade" is defined as the ground level elevation which existed prior to any site preparation related to, or to be incorporated into, the proposed new development or alteration. (Ord. 1722 §2(part), 1982)

A yard measured into a lot perpendicularly from one or more of its side lot lines is known as a "side yard". For the purpose of the shoreline regulations, a required side yard shall extend between the front property line and the rear property and shall remain open, unobstructed and devoid of structures. (Ord. 1722 §2(part), 1982)

   A.   For shoreline properties located east of Seventh Street and more than one hundred fifty feet (150') west of First Street and then northeasterly to River Avenue, the following shall apply:

      1.   New structures may be erected provided that the height is not greater than twenty feet (20').

      2.   Minimum yards shall be provided as prescribed in the applicable zoning district.

      3.   Notwithstanding the foregoing for shoreline properties located north of West Lakeshore Drive between Park Drive and Hubbard Avenue, new structures may be erected provided the height is not greater than that provided in the underlying zoning district.

   B.   For shoreline properties located between one hundred fifty feet (150') west of First Street easterly to Seventh Street and shoreline properties located northerly from River Avenue, the following shall apply:

      1.   New structures may be erected provided that the height is not greater than thirty feet (30').

      2.   There shall be a minimum side yard equal to twenty percent (20%) of the average width of the lot. (Ord. 3452, 2012)

Limitations on projections above maximum height are as follows:

   A.   Projections above maximum height shall not be allowed, except that solar collector panels and dish antennas are allowed.

   B.   Signs within the Shoreline District shall not be allowed to extend beyond the height of any building that is located on the same property as the sign. In no case shall signs exceed the height maximum as prescribed by the shoreline regulations. This provision shall apply to any sign, whether freestanding or attached to a building. (Ord. 3600, 2018: Ord. 1722 §2(part), 1982)

Structures, which are in existence on the effective date of the shoreline regulations and are not in conformance with said regulations, shall be subject to the provisions of chapter 17.06, article X, "Nonconforming Use Regulations", of this title. (Ord. 1722 §2(part), 1982)

Construction within forty feet (40') of the shoreline shall be prohibited except as provided for in section 17.08.250 of this chapter. (Ord. 1722 §2(part), 1982)

The provision of section 17.08.245 of this chapter shall not apply as follows:

   A.   In the underlying DC Zoning District.

   B.   For construction which is necessary to replace or maintain existing essential public services such as streets, sidewalks, parking lots, streetlights, fire hydrants and underground utilities.

   C.   For other public or private construction which is necessary to replace or maintain existing shoreline protective structures, fences, hedges and walls in their present location without extension toward the shoreline.

   D.   Fences may be erected on Sanders Beach (south of East Lakeshore Drive between a line 117.5 feet east of the east line of Eleventh Street extended and the east line of Fifteenth Street extended) perpendicular and extending to the shoreline (2,128 WWP datum) wherever public and private property abut provided that the fences are no more than fifty percent (50%) sight obscuring and are otherwise in conformity with City Code requirements. Chainlink, cyclone or other similar industrial fencing is prohibited.

   E.   Existing foundations built prior to 1982 may be enclosed and occupied in conformity with City Code requirements provided that the size of the foundation is not enlarged and the completed structure, at its highest point, is no more than four feet (4') above the preexisting grade measured at the wall closest to the public right-of-way. (Ord. 3402, 2011)

A variance may be granted from any provision of the shoreline regulations, pursuant to chapter 17.09, article VII of this title, and provided that the variance conforms to the stated purpose of the shoreline regulations, except for projections above maximum height. (Ord. 3600, 2018)

(Rep. by Ord. 2504 §7, 1993)

(Rep. by Ord. 2049 §48, 1987)

(Rep. by Ord. 2049 §48, 1987)

(Rep. by Ord. 2049 §48, 1987: Ord. 1691 §1(part), 1982)

(Rep. by Ord. 2049 §48, 1987: Ord. 1691 §1(part), 1982)

(Rep. by Ord. 2049 §48, 1987: Ord. 1691 §1(part), 1982)

(Rep. by Ord. 2049 §48, 1987: Ord. 1691 §1(part), 1982)

(Rep. by Ord. 3335 §7, 2008: Ord. 3098 §4, 2003)

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(Rep. by Ord. 3335 §15, 2008: Ord. 3268 §26, 2006: Ord. 3098 §4, 2003)

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   A.   The city of Coeur d'Alene acknowledges that the bed and breakfast industry affords paying guests the opportunity to visit in a home like environment. It is the intention of the city to allow the type of accommodations offered by the bed and breakfast industry while at the same time encouraging the use of single-family dwellings for residential purposes in order to maintain the integrity of residential neighborhoods.

   B.   The provisions of this article shall be known as the BED AND BREAKFAST REGULATIONS. The purpose of these regulations is to supplement the zoning district standards by providing for bed and breakfast facilities. Bed and breakfast facilities established after the effective date hereof shall be subject to the standards and procedures of the zoning district in which they are located and to other applicable regulations contained in the zoning ordinance. (Ord. 2689 §2, 1995)

   A.   The regulations set forth in this chapter shall apply to all bed and breakfast facilities established after the effective date hereof and which are located in any residential zoning district.

   B.   A nonconforming homestay or bed and breakfast, which is lawfully in existence on the effective date hereof, may be continued and maintained as specified in the nonconforming use regulations (sections 17.06.905 through 17.06.985 of this title). (Ord. 2689 §3, 1995)

All "bed and breakfast facilities" as defined herein, and which are established after the effective date hereof, shall be allowed pursuant to the special use permit procedures as contained in the zoning ordinance. (Ord. 2689 §4, 1995: Ord. 2296 §3, 1990)

"Bed and breakfast facilities" as defined herein shall be subject to the following conditions:

   A.   A special use permit pursuant to applicable municipal code sections shall be required for all bed and breakfast facilities established after the effective date hereof.

   B.   Off street parking shall be required for all bed and breakfast facilities at the rate of one space per guest bedroom in addition to the basic residential requirement.

   C.   Off street parking areas required herein shall not consume more than forty percent (40%) of the front yard area of a bed and breakfast facility.

   D.   Maximum of seven (7) sleeping rooms for the lodging of paying guests but in no case shall more than forty percent (40%) of the gross floor area of the residence be used for guestrooms. (Ord. 2689 §5, 1995: Ord. 2296 §2, 1990)

A bed and breakfast may be approved only if the proposal conforms to the following criteria to the satisfaction of the planning commission:

   A.   The spacing of this facility with regard to other such facilities in the neighborhood would not be detrimental to the overall character and livability of the neighborhood.

   B.   The location and design of the required off street parking is compatible with and does not adversely affect the surrounding properties and is integrated into the property in such a way so as to minimize exposure and visual impact.

   C.   The location, size, design and operational characteristics of the facility are compatible with and do not adversely affect the livability and character of the surrounding neighborhood.

   D.   The traffic generated by the facility can be accommodated safely on adjacent streets and will not adversely affect the livability and character of the surrounding neighborhood.

   E.   Modifications to the exterior of the structure will be kept to a minimum in order to ensure compatibility with the surrounding neighborhood. (Ord. 2689 §6, 1995)

The provisions of this Article shall be known as the INTERIM FILM PRODUCTION REGULATIONS. It is the purpose of these provisions to provide on a temporary basis the uses of land and structures for film production that would not otherwise be allowed because the use itself is not permitted (i.e., a commercial use on residential property) or because the facility is nonconforming. It is further the purpose of these provisions to delineate restrictions, time limits, and specific controls to be exercised during film production in order to protect and preserve the City, community, and neighborhoods and to minimize the potential for private and public losses. It is further the intent of these provisions to authorize said film production based upon the cultural, public, social and economic benefits gained from such production. (Ord. 2646 §1, 1994)

The Interim Film Production Regulations shall overlay the underlying zoning district and shall apply in addition to the underlying zoning district regulations. In case of a conflict between regulations, the most restrictive shall apply except as otherwise indicated. (Ord. 2646 §1, 1994)

These Interim Film Production Regulations shall apply to the use of all property located within the City limits of the City of Coeur d'Alene. (Ord. 2646 §1, 1994)

A film production permit shall be required for any film production upon public property or upon private property which otherwise does not have a proper zoning designation for such use. Film production permit applications shall be made on a form prescribed by the City Clerk and shall be notarized. (Ord. 2646 §1, 1994)

The City Council may grant a temporary film production permit only if at least the following criteria are met:

   A.   The event will not be materially detrimental to the public welfare;

   B.   The event will not be materially detrimental to the surrounding neighborhood;

   C.   The event includes measures to minimize injury to real and personal property and, in case of damage, the applicant agrees to make affected owners whole;

   D.   The event would not materially affect the surrounding area in regard to anticipated traffic generation;

   E.   Adequate provisions for parking are made;

   F.   Appropriate permit fees are paid;

   G.   Applicant agrees to execute a permit agreement acceptable to the City Council containing but not necessarily limited to controls for the provision of parking, liability insurance based upon intended activities and use, street closures, security, repair and maintenance of location sites and property, minimum noise level requirements, minimum notice requirements, and other applicable site performance requirements.

   H.   Applicant agrees to comply with all relevant Federal, State, County, and local laws, ordinances, rules, regulations, and policies, and to obtain all required permits, licenses, and other forms of authorization from other individuals or governmental entities having jurisdiction over the activity or the location of the activity. (Ord. 2646 §1, 1994)

The City shall establish reasonable site performance standards based upon the proposed event and proposed locations as part of the permit approval process, and applicant shall execute a permit agreement with the City incorporating said standards which may include but not be limited to height and bulk requirements, setback requirements, and parking requirements. (Ord. 2646 §1, 1994)

Any use of public premises, or property proposed to be used for film production under these provisions including but not limited to streets, sidewalks, parking lots, parks, beaches, and Tubbs Hill, shall have the prior written consent of the City.

Upon approval, applicant shall at all times during the duration of the permit keep the premises and property at applicant's sole expense in as good order and repair as it is on the date of commencement of the permit unless there is a specific written agreement to the contrary with the City. Any alterations or improvements to public property shall require prior written approval of the City. Applicant shall at all times during the term of the permit at applicant's sole expense maintain the premises and property in a safe, clean, and litter-free condition. (Ord. 2646 §1, 1994)

A film production permit shall not be issued more than once in one three hundred sixty five (365) day period to the same applicant or person or company affiliated or associated with applicant. The duration of the temporary film production permit shall not exceed one hundred and eighty (180) days which period shall include the removal of the use, and all physical evidence of the use, except that said period may be extended for one additional thirty (30) day period upon the same terms originally imposed by the City Council upon a showing of undue financial hardship as determined by the City and upon a showing that all terms and conditions of the permit including liability insurance remain in effect. (Ord. 2646 §1, 1994)

Should the use or physical evidence of said use not be removed or cease within the one hundred and eighty (180) day period or authorized extension thereof, or if at any time during the duration of the permit, the applicant fails to perform under the terms of the permit, permit agreement, or these regulations, the City may in addition to any other right or remedy allowed by law, terminate the permit, retake possession of any City-owned property and remove all persons and property therefrom after giving applicant eight (8) days written notice to vacate. Said notice shall be placed in the United States mail, postage prepaid, return receipt requested, addressed to applicant at the address listed on the permit application and deemed received on the date of acknowledgment of the return receipt by the applicant or its agent or employee. Any costs associated therewith shall be borne by applicant. (Ord. 2646 §1, 1994)

Applicant shall deposit a security with the City in an amount established by City Council and in the form acceptable to the City Attorney guaranteeing applicant's performance according to the terms of the permit, permit agreement, and any applicable Federal, State, County, or City law, ordinance, regulation or rule. (Ord. 2646 §1, 1994)

The film production permit shall be nonassignable. (Ord. 2646 §1, 1994)

The City shall impose reasonable fees for any of its costs associated with the event, i.e., for street closures as well as other fees established pursuant to resolution for the use of City property. (Ord. 2646 §1, 1994)

The provisions of this Article shall be known as the COMMERCIAL FILM PRODUCTION REGULATIONS. It is the purpose of these regulations to supplement the Zoning Ordinance by accommodating the filming of motion pictures and videotape productions at public and private locations throughout the City. (Ord. 2653 §14, 1994)

A film production permit, pursuant to Chapter 17.08 Article VI "Interim Film Production Regulations", shall be required for any commercial film production activity conducted on public or private property, whether authorized as a principal or specially permitted use. (Ord. 2653 §15, 1994)

When a special use permit is required for commercial film production activities, the permit may be approved if and only if, in addition to conforming to the criteria set forth in Section 17.09.220, the proposal also conforms to the following criteria to the satisfaction of the Planning Commission:

   A.   The activity will not be materially detrimental to the surrounding neighborhood with regard to traffic, character and existing land uses.

   B.   That appropriate provisions for off- and on-street parking have been made.

   C.   That appropriate provisions for adequate traffic circulation reducing to a minimum any interruptions in the ordinary traffic flow of the neighborhood have been made.

   D.   That the public interest will be served.

   E.   That a film production permit has been conditionally approved. (Ord. 2653 §16, 1994)

In considering the special use permit for a commercial film production activity, the Planning Commission may impose such reasonable conditions of approval as are in its judgment necessary to ensure conformity to the criteria. (Ord. 2653 §17, 1994)

The provisions of this article shall be known as the WIRELESS COMMUNICATION FACILITIES REGULATIONS. It is the purpose of these provisions to delineate restrictions, development standards and siting criteria, and establish removal procedures in order to protect the City from the uncontrolled siting of wireless communication facilities in locations that have significant adverse effects and cause irreparable harm. It is further the purpose of these provisions:

   A.   To protect the community's visual quality and safety while facilitating the reasonable and balanced provision of wireless communication services. More specifically, it is the City's goal to minimize the visual impact of wireless communication facilities on the community, particularly in and near residential zones;

   B.   To promote and protect the public health, safety and welfare, preserve the aesthetic character of the Coeur d'Alene community, and to reasonably regulate the development and operation of wireless communication facilities within the City to the extent permitted under State and Federal law;

   C.   To minimize the impact of wireless communication facilities by establishing standards for siting design and screening;

   D.   To preserve the opportunity for continued and growing service from the wireless industry;

   E.   To accommodate the growing need and demand for wireless communication services;

   F.   To establish clear guidelines and standards and an orderly process for review intended to facilitate the deployment of wireless transmission equipment, to provide advanced communication services to the City, its residents, businesses and community at large;

   G.   To ensure City zoning regulations are applied consistently with Federal and State telecommunications laws, rules, regulations and controlling court decisions; and

   H.   To provide regulations which are specifically not intended to, and shall not be interpreted or applied to: 1) prohibit or effectively prohibit the provision of wireless services, 2) unreasonably discriminate among functionally equivalent service providers, or 3) regulate wireless communication facilities and wireless transmission equipment on the basis of the environmental effects of radio frequency emissions to the extent that such emissions comply with the standards established by the Federal Communications Commission. (Ord. 3590, 2017)

As used in this article, the following terms shall have the meanings set forth below:

ANTENNA: Means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that sends or receives digital signals, analog signals, radio frequencies or wireless communication signals.

ANTENNA ARRAY: Means a single or group of antenna elements, not including small cell antennas, and associated mounting hardware, transmission lines, or other appurtenances which share a common attachment device such as a mounting frame or mounting support structure for the sole purpose of transmitting or receiving wireless communication signals.

APPLICANT: Means any person engaged in the business of providing wireless communication services or the wireless communications infrastructure required for wireless communications services and who submits an application.

BACKHAUL NETWORK: Means the lines that connect a provider's towers or cell sites to one or more cellular telephone switching offices or long distance providers, or the public switched telephone network.

BASE STATION: Means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this article or any equipment associated with a tower.

   A.   The term includes, but is not limited to, 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.   The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber- optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small cell networks).

   C.   The term includes any structure other than a tower that, at the time the relevant application is filed with the City under this article, supports or houses equipment described in this section that has been reviewed and approved under the applicable zoning or siting process, or under State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

   D.   The term does not include any structure that, at the time the relevant application is filed with the State or the City under this article, does not support or house equipment described in this section.

COLLOCATION: Means the mounting or installation of an antenna on an existing tower, building or structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

DISTRIBUTED ANTENNA SYSTEM OR DAS: Means a network consisting of transceiver equipment at a central hub site to support multiple antenna locations throughout the desired coverage area.

ELIGIBLE FACILITIES REQUEST: Means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:

   A.   Collocation of new transmission equipment;

   B.   Removal of transmission equipment; or

   C.   Replacement of transmission equipment.

ELIGIBLE SUPPORT STRUCTURE: Means any tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the City under this article.

EXISTING: Means a tower or base station that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.

FAA: Means the Federal Aviation Administration.

FCC: Means the Federal Communications Commission.

MACROCELL: Means an antenna or antennas mounted on a tower, ground-based mast, rooftops and other towers or structures, at a height that provides a clear view over the surrounding buildings and terrain.

SITE: Means, in relation to a tower that is not in the public right-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site. In relation to support structures other than towers, site means an area in proximity to the structure and to other transmission equipment already deployed on the ground.

SMALL CELLS: Mean compact wireless equipment that contain their own transceiver equipment and function like cells in a wireless network but provide a smaller coverage area than traditional macrocells.

STEALTH DESIGN: Means technology that minimizes the visual impact of wireless communication facilities by camouflaging, disguising, screening or blending into the surrounding environment. Examples of stealth design include but are not limited to facilities disguised as trees (monopines), flagpoles, utility and light poles, bell towers, clock towers, ball field lights and architecturally screened roof-mounted antennas.

SUBSTANTIAL CHANGE: Means a modification that substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

   A.   For towers other than towers in the public rights-of-way, 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; for other eligible support structures, it increases the height of the structure by more than ten percent (10%) or more than ten feet (10'), whichever is greater. Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act (47 USC section 1455 (a));

   B.   For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude 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; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet (6');

   C.   For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves 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;

   D.   It entails any excavation or deployment outside the current site;

   E.   It would defeat the concealment elements of the eligible support structure; or

   F.   It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in subsections A through D of this definition.

TOWER: Means any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.

TOWER HEIGHT: Means the vertical distance measured from the base of the tower structure at grade to the highest point of the structure including the antenna. A lightning rod, not to exceed ten feet (10') in height, shall not be included within tower height.

TRANSMISSION EQUIPMENT: Means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

UTILITY SUPPORT STRUCTURE: Means utility poles or utility towers supporting electrical, telephone, cable or other similar facilities; street light standards; or pedestrian light standards.

WIRELESS COMMUNICATION FACILITIES OR WCF: Means a staffed or unstaffed facility or location or equipment for the transmission or reception of radio frequency (RF) signals or other wireless communications or other signals for commercial communications purposes, typically consisting of one or more antennas or group of antennas, a tower or attachment support structure, transmission cables and other transmission equipment, and an equipment enclosure or cabinets, and including small cell technologies. (Ord. 3590, 2017)

   A.   New Towers, Antennas, DAS And Small Cells: All new towers, antennas, DAS and small cells in the City shall be subject to these regulations, except as otherwise provided herein.

      1.   New towers and buildings in zones other than Manufacturing and Light Manufacturing require a special use permit.

      2.   New antenna arrays meeting the requirements of subsection 17.08.820L of this article are permitted with a building permit.

      3.   DAS and small cells are permitted pursuant to section 17.08.815 of this article.

   B.   Preexisting Towers Or Antennas: Preexisting towers and preexisting antennas shall not be required to meet the requirements of this article, except as otherwise provided herein.

   C.   Exempt Facilities: The following are exempt from this article:

      1.   FCC licensed amateur (ham) radio facilities;

      2.   Satellite earth stations, dishes and/or antennas used for private television reception not exceeding one meter (1 m) in diameter;

      3.   A government-owned WCF installed upon the declaration of a state of emergency by the Federal, State or local government, or a written determination of public necessity by the City; except that such facility must comply with all Federal and State requirements. The WCF shall be exempt from the provisions of this article for up to one month after the duration of the state of emergency;

      4.   A temporary, commercial WCF installed for providing coverage of a special event such as news coverage or sporting event, subject to administrative approval by the City. The WCF shall be exempt from the provisions of this article for up to one week before and after the duration of the special event; and

      5.   Other temporary, commercial WCFs installed for a period of up to ninety (90) days, subject to the City's discretion; provided that such temporary WCF will comply with applicable setbacks and height requirements. (Ord. 3590, 2017)

   A.   Distributed antenna systems and small cells are allowed in all zones, regardless of the siting preferences listed in section 17.08.835 of this article, provided the applicant complies with all Federal laws (such as the Americans With Disabilities Act) and State laws and requirements.

   B.   Distributed antenna systems and small cells in all zones are subject to approval via right-of-way encroachment permits and/or building permits and administrative review unless their installation requires the construction of a new tower or building. A special use permit shall not be required for replacement utility support structures, so long as the height of a replacement structure, including antennas, is no more than the greater of:

      1.   Fifteen feet (15') taller than the existing utility support structure; or

      2.   The minimum height necessary to provide the required safety clearances from transmission or distribution lines.

   C.   A single permit application may be used for multiple distributed antennas that are part of a larger overall DAS network. A single permit application may also be used for multiple small cells. A single license agreement may be used for multiple node locations in DAS and/or small cell networks. (Ord. 3590, 2017)

   A.   Inventory Of Existing Sites: Each applicant for a tower shall provide to the Community Planning Director an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the City or within three-quarters (3/4) of a mile of the border thereof, including specific information about the location, height, and design of each tower or antenna. The Community Planning Director may share such information with other applicants applying for administrative approvals or special use permits under this article or other organizations seeking to locate antennas within the jurisdiction of the City, provided, however that the Community Planning Director is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

   B.   Color: The antenna array shall be placed and colored to blend into the architectural detail and coloring of the host structure. Support towers shall be painted a color that best allows it to blend into the surroundings. The use of grays, blues, greens, dark bronze, browns or other site specific colors may be appropriate; however, each case should be evaluated individually.

   C.   Lighting: For support towers, only such lighting as is necessary to satisfy FAA requirements is permitted. White strobe lighting will not be allowed, unless specifically required by the FAA. Security lighting for the equipment shelters or cabinets and other on the ground ancillary equipment is also permitted, as long as it is appropriately down shielded to keep light within the boundaries of the site.

   D.   State Or Federal Requirements: All towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the State or Federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, and if WCF equipment is added either through collocation or replacement, then the owners of the towers and antennas governed by this article shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

   E.   Site Development Permit: All wireless communication facilities shall be required to obtain a site development permit or building permit and shall be subject to the site development standards prescribed herein. A site development permit shall contain the following information:

      1.   Construction drawings showing the proposed method of installation;

      2.   The manufacturer's recommended installations, if any; and

      3.   A diagram to scale showing the location of the wireless communication facility, property and setback lines, easements, power lines, all structures, and the required landscaping.

   F.   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 State or local building codes and the applicable industry standards for towers, as amended from time to time. Compliance with this article is subject to the City's Code enforcement procedures pursuant to chapter 17.09, article IX of this title, and other applicable provisions of this Code. 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 such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower at the owner's expense.

   G.   Notice: For purposes of this article, any special use permit or appeal of a special use shall require notice as required by section 17.09.215 of this title and other applicable provisions of this Code to all abutting property owners, in addition to any other notice otherwise required by this Code.

   H.   Signs: No facilities may bear any signage or advertisement(s) other than signage required by law or expressly permitted/required by the City.

   I.   Visual Impact: All WCFs in residential uses and zones and within two hundred feet (200') of residential zones shall be sited and designed to minimize adverse visual impacts on surrounding properties and the traveling public to the greatest extent reasonably possible, consistent with the proper functioning of the WCF. Such WCFs and equipment enclosures shall be integrated through location and design to blend in with the existing characteristics of the site. Such WCFs shall also be designed to either resemble the surrounding landscape and other natural features where located in proximity to natural surroundings, or be compatible with the built environment, through matching and complimentary existing structures and specific design considerations such as architectural designs, height, scale, color and texture or be consistent with other uses and improvements permitted in the relevant zone.

   J.   Use Of Stealth Design/Technology: The applicant shall provide justification why it is not employing stealth technology. Stealth design is required for macrocell facilities in residential zones, and to the extent shown in subsection 17.08.825D, table 1 of this article and elsewhere as provided in this article. Stealth and concealment techniques must be appropriate given the proposed location, design, visual environment, and nearby uses, structures, and natural features. Stealth design shall be designed and constructed to substantially conform to surrounding building designs or natural settings, so as to be visually unobtrusive. Stealth design that relies on screening wireless communication facilities in order to reduce visual impact must screen all substantial portions of the facility from view. Stealth and concealment techniques do not include incorporating faux-tree designs of a kind that are not native to the State.

   K.   Building-Mounted WCFs:

      1.   All transmission equipment shall be concealed within existing architectural features to the maximum extent feasible. Any new architectural features proposed to conceal the transmission equipment shall be designed to mimic the existing underlying structure, shall be proportional to the existing underlying structure or conform to the underlying use and shall use materials in similar quality, finish, color and texture as the existing underlying structure.

      2.   All roof-mounted transmission equipment shall be set back from all roof edges to the maximum extent feasible consistent with the need for "line-of-sight" transmission and reception of signals.

      3.   Antenna arrays and supporting transmission equipment shall be installed so as to camouflage, disguise or conceal them to make them closely compatible with and blend into the setting or host structure.

   L.   Antenna Arrays: Wireless communication antenna arrays are permitted in any zone as long as they are located upon an existing structure (except on single family houses, duplexes, signage or a building less than 60 feet in height), that provides sufficient elevation for the array's operation without the necessity of constructing a tower or other apparatus to extend the antenna array more than fifteen feet (15') above the structure. Installation on City property requires the execution of necessary agreements. However, if any support tower is needed to achieve the needed elevation, then a special use permit is required. If a new equipment cabinet is to be installed, it must be screened if it is higher than the existing screened facility.

   M.   WCFs In The Public Rights-Of-Way:

      1.   Utility Support Structure - Mounted Equipment: All pole- mounted transmission equipment shall be mounted as close as possible to the pole so as to reduce the overall visual profile to the maximum extent feasible.

      2.   License Or Agreement: For all WCFs to be located within the right-of-way, prior to submitting for a permit, the applicant must have a valid Municipal agreement, license, franchise agreement, right-of-way agreement, encroachment permit or exemption otherwise granted by applicable law. If the applicant is willing to install its ancillary facilities underground, that determination by the City shall be subject to administrative review.

   N.   Accessory Uses:

      1.   Accessory uses shall be limited to such structures and equipment that are necessary for transmission or reception functions, and shall not include broadcast studios, offices, vehicles or equipment storage, or other uses not essential to the transmission or reception functions.

      2.   All accessory buildings shall be constructed of building materials equal to or better than those of the primary building on the site and shall be subject to applicable permits.

      3.   No equipment shall be stored or parked on the site of the tower, unless used in direct support of the antennas or the tower or antennas that are being repaired.

   O.   Accessory Equipment: In residential zones, all accessory equipment located at the base of a WCF shall be located or placed (at the applicant's choice) in an existing building, underground, or in an equipment shelter or cabinet that is: 1) designed to blend in with existing surroundings, using architecturally compatible construction and colors; and 2) be located so as to be unobtrusive as possible consistent with the proper functioning of the WCF.

   P.   Site Design Flexibility: Individual WCF sites vary in the location of adjacent buildings, existing trees, topography and other local variables. By mandating certain design standards, there may result a project that could have been less intrusive if the location of the various elements of the project could have been placed in more appropriate locations within a given site. Therefore, the WCF and supporting equipment may be installed so as to best camouflage, disguise them, or conceal them, to make the WCF more closely compatible with and blend into the setting or host structure, upon approval by the City.

   Q.   General Standards And Construction Provisions:

      1.   Construction: All structures shall be constructed and installed to manufacturer's specifications, and constructed to withstand the minimum wind speed as required by the City's currently adopted International Building Code, as amended.

      2.   Building Code Compliance: Structures shall be permitted and constructed to meet current, adopted City Building Code requirements.

      3.   FCC And FAA Regulations: All structures shall conform to FCC and FAA regulations, if applicable.

      4.   Setback Or Bufferyard: If any setback or bufferyard as prescribed within this Code requires a greater distance than required of this article, the greater distance shall apply.

      5.   Landscaping, Screening And Fencing: In all zoning districts, the following additional landscaping shall be required beyond that which is required for the zone in which it is located:

         a.   Equipment shelters and cabinets and other on the ground ancillary equipment shall be screened with buffer yard and street tree landscaping as required for the zone in which located or with another design acceptable to the Planning Director. Artwork may also be used to screen ground equipment. At the City's discretion, as an alternative to general landscaping and screening requirements, the applicant, at its expense, shall do an artistic wrap designed by a local artist around the equipment cabinets. Alternatively, where technically feasible, the applicant shall incorporate the cabinet and other equipment into the base of a new pole (for example, for a small cell) provided there is adequate space in the right-of-way and that ADA sidewalk accessibility requirements can be met. All provisions of the ADA (including, but not limited to, clear space requirements) shall be met by the applicant.

         b.   In particular, the ground level view of towers shall be mitigated by additional landscaping provisions as established through the special use permit process. The use of large trees from the approved urban forestry list of recommended species or native conifers is required at the spacing specified for the specific trees chosen. Alternatively, a landscaping plan may be submitted with the special use permit and, if approved, shall take precedence over the foregoing requirement.

         c.   Except for locations in the right-of-way, a site-obscuring fence (for example, wrought iron as opposed to barbed wire) no less than six feet (6') in height from the finished grade shall be constructed around each tower and around related support or guy anchors. Access shall only be through a locked gate. Any fence shall comply with the other design guidelines of this Code.

      6.   New Poles: To the extent technically feasible, new poles must be designed to match the existing street furniture, light fixtures and other poles, and they shall serve a dual purpose (for example, a new light fixture, flag pole or banner clips).

      7.   Other Published Materials: All other information or materials that the City may reasonably require, from time to time, make publicly available and designate as part of the application requirements. (Ord. 3590, 2017)

   A.   Policy: It is the policy of the City to minimize the number of wireless communication support towers and to encourage the collocation of antenna arrays of more than one wireless communication service provider on a single support tower.

   B.   Provisions: No new tower may be constructed within three- quarters (3/4) of a mile of an existing tower, unless it can be demonstrated that an existing tower is not available or feasible for collocation of an additional wireless communication facility, or that its specific location does not satisfy the operational requirements of the applicant or that another departure from this standard is needed and the applicant can demonstrate that a significant gap in coverage or capacity exists and the applicant's submittal is the least intrusive means to fill the gap in coverage or capacity. Factors to be considered in determining whether applicant has made this demonstration include those listed in subsection C of this section.

   C.   Factors Considered In Granting Special Use Permits For Towers: In addition to any standards for consideration of special use permit applications pursuant to this Code, the Planning Commission shall consider the following factors in determining whether to issue a special use permit, although the commission may waive or reduce the burden on the applicant of one or more of these criteria if the commission concludes that the goals of this article are better served thereby.

      1.   Height of the proposed tower. Towers exceeding a height of seventy five feet (75') shall be able to accommodate collocation of one additional provider. Additional height to accommodate additional collocation may be approved if the applicant submits information certifying the tower has capacity for at least two (2) additional providers. The applicant shall provide a letter indicating their good faith intent to encourage collocation on the tower.

      2.   Proximity of the tower to residential structures and residential district boundaries.

      3.   Nature of uses on adjacent and nearby properties.

      4.   Surrounding topography.

      5.   Surrounding tree coverage and foliage.

      6.   Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

      7.   Proposed ingress and egress.

      8.   No existing structures are located within the geographic area which meet applicant's engineering requirements.

      9.   Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

      10.   The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

      11.   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 sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

      12.   The applicant demonstrates that there are other limiting factors not enumerated herein that render existing towers and structures unsuitable.

   D.   Placement Provisions - Towers: Towers shall be located only in those areas described in table 1 of this subsection, provided that towers that are proposed to be located in a residential zone or within two hundred feet (200') of a residential zone shall be subject to the siting priorities set forth for preferred tower locations in section 17.08.835 of this article.

   TABLE 1

   NEW TOWER CRITERIA

 

 

Notes:

   1.    If an applicant wants to construct a tower in a residential zone or within 200 feet of a residential zone, then stealth design is required.

   2.    An additional 20 feet in height is allowed if applicant uses stealth design.

   3.    DC Zone requires stealth design. Preferred location on top of existing structure.

   4.    An additional 30 feet in height is allowed if applicant uses stealth design.

Towers in industrial zones (M and LM) are subject to administrative review as long as the other requirements of this article are met. (Ord. 3590, 2017)

   A.   Notwithstanding the setbacks provided for in subsection 17.08.825D, table 1, of this article when a residence is located on an adjacent property, the support tower structures shall be set back from property lines as required by that zone or a minimum of one foot (1') for every foot of tower height, whichever produces the greater setback, unless:

      1.   The setback is waived by the owner of the residence; or

      2.   The tower is constructed with breakpoint design technology. If the tower has been constructed using breakpoint design technology, the minimum setback distance shall be equal to one hundred ten percent (110%) of the distance from the top of the structure to the breakpoint level of the structure, or the applicable zone's minimum side setback requirements, whichever is greater. For example, on a one hundred foot (100') tall monopole with a breakpoint at eighty feet (80'), the minimum setback distance would be twenty two feet (22') (110 percent of 20 feet, the distance from the top of the monopole to the breakpoint) or the minimum side yard setback requirements for that zone, whichever is greater. Provided, that if an applicant proposes to use breakpoint design technology to reduce the required setback from a residence, the issuance of building permits for the tower shall be conditioned upon approval of the tower design by a structural engineer.

   B.   All equipment shelters, cabinets, or other on the ground ancillary equipment shall meet the setback requirement of the zone in which it is located. (Ord. 3590, 2017)

   A.   All new towers proposed to be located in a residential zone or within two hundred feet (200') of a residential zone, or in the Downtown Core or Infill Zoning Districts, are permitted only after application of the following siting priorities, ordered from most-preferred (1) to least- preferred (7):

      1.   City-owned or operated property and facilities not in the Downtown, Infill or Residential Zones and not including right-of-way;

      2.   Industrial Zones (M and LM);

      3.   Commercial Zones (C-17 and C-17L);

      4.   Other non-residential zones (NC and CC);

      5.   City rights-of-way in residential zones;

      6.   Parcels of land in residential zones;

      7.   Designated historic structures, Downtown Core (DC) Zoning District and overlay zoning districts, including neighborhoods with additional protections.

The applicant for a tower located in a residential zone or within two hundred feet (200') of a residential zone, or in the Downtown Core or Infill Zoning Districts, shall address these preferences in an alternative sites analysis prepared pursuant to section 17.08.840 of this article. (Ord. 3590, 2017)

   A.   Alternative Sites Analysis:

      1.   For towers in a residential zone or within two hundred feet (200') of a residential zone, or in the Downtown Core or Infill Zoning Districts, the applicant must address the City's preferred tower locations with a detailed explanation justifying why a site of higher priority was not selected. The City's tower location preferences must be addressed in a clear and complete written alternative sites analysis that shows at least three (3) higher ranked, alternative sites considered that are in the geographic range of the service coverage objectives of the applicant, together with a factually detailed and meaningful comparative analysis between each alternative candidate and the proposed site that explains the substantive reasons why the applicant rejected the alternative candidate.

      2.   A complete alternative sites analysis provided under this subsection may include less than three (3) alternative sites so long as the applicant provides a factually detailed written rationale for why it could not identify at least three (3) potentially available, higher ranked, alternative sites.

      3.   For purposes of disqualifying potential collocations or alternative sites for the failure to meet the applicant's service coverage or capacity objectives the applicant will provide: a) a description of its objective, whether it be to close a gap or address a deficiency in coverage, capacity, frequency or technology; b) detailed technical maps or other exhibits with clear and concise RF data to illustrate that the objective is not met using the alternative (whether it be collocation or a more preferred location); and c) a description of why the alternative (collocation or a more preferred location) does not meet the objective.

   B.   Collocation Consent: A written statement will be signed by a person with the legal authority to bind the applicant and the project owner, which indicates whether the applicant is willing to allow other transmission equipment owned by others to collocate with the proposed wireless communication facility whenever technically and economically feasible and aesthetically desirable.

   C.   Documentation: Applications submitted under this section for towers shall include the following materials:

      1.   Requirement For FCC Documentation: The applicant shall provide a copy of the applicant's FCC license or registration.

      2.   Visual Analysis: A color visual analysis that includes to- scale visual simulations that show unobstructed before-and- after construction daytime and clear-weather views from at least four (4) angles, together with a map that shows the location of each view, including all equipment and ground wires.

      3.   Design Justification: A clear and complete written analysis that explains how the proposed design complies with the applicable design standards under this article to the maximum extent feasible. A complete design justification must identify all applicable design standards under this article and provide a factually detailed reason why the proposed design either complies or cannot feasibly comply.

      4.   Noise Study: A noise study, if requested by the City and the proposal is in or within two hundred feet (200') of residentially zoned property, in the Downtown Core or in Infill Zoning Districts, for the proposed WCF and all associated equipment.

      5.   Additional Information Required: Applicants for a special use permit for a tower shall also submit the following information:

         a.   A scaled site plan clearly indicating the location, type, height and width of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities or the County), separation distances, adjacent roadways, photo simulations, a depiction of all proposed transmission equipment, proposed means of access, setbacks from property lines, elevation drawings or renderings of the proposed tower and any other structures, topography, parking, utility runs and other information deemed by the Community Planning Director to be necessary to assess compliance with this article.

         b.   Legal description of the parent tract and leased parcel (if applicable).

         c.   The setback distance between the proposed tower and the nearest residential unit and the nearest residentially zoned property.

         d.   The separation distance from other towers described in the inventory of existing sites submitted pursuant to this article shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.

         e.   A landscape plan showing specific landscape materials.

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

         g.   A description of compliance with all applicable Federal, State and local laws.

         h.   Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the Municipality.

         i.   A description of the suitability of the use of existing towers or other structures to provide the services to be provided through the use of the proposed new tower.

         j.   A clear and complete written statement of purpose which shall minimally include: 1) a description of the technical objective to be achieved; 2) a to-scale map that identifies the proposed site location and the targeted service area to be benefited by the proposed project; and 3) full-color signal propagation maps with objective units of signal strength measurement that show the applicant's current service coverage levels from all adjacent sites without the proposed site, predicted service coverage levels from all adjacent sites with the proposed site, and predicted service coverage levels from the proposed site without all adjacent sites. These materials shall be reviewed and signed by an Idaho-licensed professional engineer or a qualified employee of the applicant. The qualified employee of the applicant shall submit his or her qualifications with the application.

   D.   Radio Frequency (RF) Emissions Compliance Report: A written report will be prepared, signed and sealed by an Idaho-licensed professional engineer or a competent employee of the applicant, which assesses whether the proposed WCF demonstrates compliance with the RF emissions limits established by the FCC. The qualified employee of the applicant shall submit his or her qualifications with the application. (Ord. 3590, 2017)

   A.   Applicability: Except as otherwise provided in this article (under subsection 17.08.820P, "Site Design Flexibility", of this article), no WCF shall be used or developed contrary to any applicable development standard unless an exception has been granted pursuant to this section. These provisions apply exclusively to WCFs and are in lieu of the generally applicable variance and design departure provisions in this Code; provided this section does not provide an exception from this article's visual impact and stealth design.

   B.   Procedure Type: A WCF's exception is subject to approval by the Planning Commission.

   C.   Submittal Requirements: An application for a wireless communication facility exception shall include:

      1.   A written statement demonstrating how the exception would meet the criteria.

      2.   A site plan that includes:

         a.   Description of the proposed facility's design and dimensions, as it would appear with and without the exception.

         b.   Elevations showing all components of the wireless communication facility, as it would appear with and without the exception.

         c.   Color simulations of the wireless communication facility after construction demonstrating compatibility with the vicinity, as it would appear with and without the exception.

   D.   Criteria: An application for a wireless communication facility exception shall be granted if the following criteria are met:

      1.   The exception is consistent with the purpose of the development standard for which the exception is sought.

      2.   Based on a visual analysis, the design minimizes the visual impacts to residential zones through mitigating measures, including, but not limited to, building heights, bulk, color, and landscaping.

      3.   The applicant demonstrates the following:

         a.   A significant gap in the coverage, capacity, or technologies of the service network exists such that users are regularly unable to connect to the service network, or are regularly unable to maintain a connection, or are unable to achieve reliable wireless coverage within a building;

         b.   The gap can only be filled through an exception to one or more of the standards in this article; and

         c.   The exception is narrowly tailored to fill the service gap such that the wireless communication facility conforms to this article's standards to the greatest extent possible.

   E.   Exceptions In Residential Zones: For a new tower proposed to be located in a residential zone or within two hundred feet (200') of a residential zone, or in the Downtown Core or Infill Zoning Districts, unless the proposal qualifies as a preferred location on City-owned or operated property or facilities, the applicant must also demonstrate that the manner in which it proposes to fill the significant gap in coverage, capacity, or technologies of the service network is the least intrusive on the values that this article seeks to protect. (Ord. 3590, 2017)

Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall so notify the City in writing and remove the same within ninety (90) days of giving notice to the City of such abandonment. Failure to remove an abandoned antenna or tower within said ninety (90) days shall be grounds to remove the tower or antenna at the owner's expense, including all costs and attorneys' fees. Irrespective of any agreement between them to the contrary, the owner of such unused facility and the owner of a building or land upon which the WCF is located, shall be jointly and severally responsible for the removal of abandoned WCFs and the WCFs' foundation, if any. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower. (Ord. 3590, 2017)

Although the City intends for City staff to review applications to the extent feasible, the City may retain the services of an independent RF expert of its choice to provide technical evaluation of permit applications for WCFs, when they are subject to special use permits, conditional use or administrative review. The third party expert shall have recognized training and qualifications in the field of radio frequency engineering. The RF expert's review may include, but is not limited to: a) the accuracy and completeness of the items submitted with the application; b) the applicability of analysis and techniques and methodologies proposed by the applicant; c) the validity of conclusions reached by the applicant; and d) whether the proposed WCF complies with the applicable approval criteria set forth in this article. The applicant shall pay the cost for any independent consultant fees through a deposit, estimated by the City, paid within ten (10) days of the City's request. When the City requests such payment, the application shall be deemed incomplete for purposes of application processing timelines until the deposit is received. In the event that such costs and fees do not exceed the deposit amount, the City shall refund any unused portion within thirty (30) days after the final permit is released or, if no final permit is released, within thirty (30) days after the City receives a written request from the applicant. If the costs and fees exceed the deposit amount, then the applicant shall pay the difference to the City before the permit is issued. (Ord. 3590, 2017)

   A.   A certificate of completion will only be granted upon satisfactory evidence that the WCF was installed in substantial compliance with the approved plans and photo simulations.

   B.   If it is found that the WCF installation does not substantially comply with the approved plans and photo simulations, the applicant shall make any and all such changes required to bring the WCF installation into compliance promptly and in any event prior to putting the WCF in operation. (Ord. 3590, 2017)

   A.   All wireless communication facilities must comply with all standards and regulations of the FCC and any State or other Federal government agency with the authority to regulate wireless communication facilities.

   B.   The site and wireless communication facilities, including all landscaping, fencing and related transmission equipment must be maintained at all times in a neat and clean manner and in accordance with all approved plans.

   C.   All graffiti on wireless communication facilities must be removed at the sole expense of the permittee after notification by the City to the owner/operator of the WCF.

   D.   If any FCC, State or other governmental license or any other governmental approval to provide communication services is ever revoked as to any site permitted or authorized by the City, the permittee must inform the City of the revocation within thirty (30) days of receiving notice of such revocation. (Ord. 3590, 2017)

Each permit issued for a WCF located on City property shall be deemed to have as a condition of the permit a requirement that the applicant defend, indemnify and hold harmless the City and its officers, agents, employees, volunteers, and contractors from any and all liability, damages, or charges (including attorneys' fees and expenses) arising out of claims, suits, demands, or causes of action as a result of the permit process, a granted permit, construction, erection, location, performance, operation, maintenance, repair, installation, replacement, removal, or restoration of the WCF. (Ord. 3590, 2017)

   A.   Purpose: This section implements section 6409(a) of the Spectrum Act (47 USC section 1455(a)), as interpreted by the FCC in its Report and Order no. 14-153 and regulated by 47 CFR section 1.40001, which requires a State or local government to approve any eligible facilities request for a modification of an existing tower or base station that does not result in a substantial change to the physical dimensions of such tower or base station. Eligible facilities requests shall be governed solely by the provisions in this section and Federal law.

   B.   Application Review:

      1.   Application: The City shall prepare and make publicly available an application form, the requirements for which shall be limited to the information necessary for the City to consider whether an application is an eligible facilities request. The City may not require an applicant to submit any other documentation intended to illustrate the need for any such wireless facilities or to justify the business decision to modify such wireless facilities.

      2.   Review: Upon receipt of an application for an eligible facilities request pursuant to this section, the City shall review such application, make its final decision to approve or disapprove the application, and advise the applicant in writing of its final decision.

      3.   Timeframe For Review: Within sixty (60) days of the date on which an applicant submits an application seeking approval of an eligible facilities request under this section, the City shall review and act upon the application, subject to the tolling provisions below.

      4.   Tolling Of The Timeframe For Review: The 60-day review period begins to run when the application is filed, and may be tolled only by mutual agreement between the City and the applicant, or in cases where the City determines that the application is incomplete. The timeframe for review is not tolled by a moratorium on the review of applications.

         a.   To toll the timeframe for incompleteness, the City must provide written notice to the applicant within thirty (30) days of receipt of the application, specifically delineating all missing documents or information required in the application.

         b.   The timeframe for review begins running again when the applicant makes a supplemental submission in response to the City's notice of incompleteness.

         c.   Following a supplemental submission, the City will have ten (10) days to notify the applicant that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in this section. Second or subsequent notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.

      5.   Failure To Act: In the event the City fails to approve or deny a complete application under this section within the timeframe for review (accounting for any tolling), the request shall be deemed granted provided the applicant notifies the City in writing after the review period has expired. (Ord. 3590, 2017)

   A.   Purpose: This section implements, in part, 47 USC section 332(c)(7) of the Federal Communications Act of 1934, as amended, as interpreted by the FCC in its Report and Order no. 14-153. Except when a shorter timeframe is otherwise required under this article, the following timeframes apply to collocation.

   B.   Application Review:

      1.   Application: The City shall prepare and make publicly available an application form, the requirements of which shall be limited to the information necessary for the City to consider whether an application is a collocation request.

      2.   Review: Upon receipt of an application for a collocation request pursuant to this section, the City shall review such application, make its final decision to approve or disapprove the application, and advise the applicant in writing of its final decision.

      3.   Timeframe For Review: Within ninety (90) days of the date on which an applicant submits an application seeking approval of a collocation request under this section, the City shall review and act upon the application, subject to the tolling provisions below.

      4.   Tolling Of The Timeframe For Review: The 90-day review period begins to run when the application is filed, and may be tolled only by mutual agreement between the City and the applicant, or in cases where the City determines that the application is incomplete.

         a.   To toll the timeframe for incompleteness, the City must provide written notice to the applicant within thirty (30) days of receipt of the application, specifically delineating all missing documents or information required in the application.

         b.   The timeframe for review begins running again when the applicant makes a supplemental submission in response to the City's notice of incompleteness.

         c.   Following a supplemental submission, the City will notify the applicant within ten (10) days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in this section. Second or subsequent notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.

      5.   Failure To Act: In the event the City fails to approve or deny a complete application under this section within the timeframe for review (accounting for any tolling), the applicant shall be entitled to pursue all remedies under applicable law. (Ord. 3590, 2017)

   A.   Purpose: This section also implements, in part, 47 USC section 332(c)(7) of the Federal Communications Act of 1934, as amended, as interpreted by the FCC in its Report and Order no. 14-153.

   B.   Application Review:

      1.   Application: The City shall prepare and make publicly available an application form, the requirements of which shall be limited to the information necessary for the City to consider whether an application is a request for a new site or tower.

      2.   Review: Upon receipt of an application for a request for a new site or tower pursuant to this section, the City shall review such application, make its final decision to approve or disapprove the application, and advise the applicant in writing of its final decision.

      3.   Timeframe For Review: Within one hundred fifty (150) days of the date on which an applicant submits an application seeking approval of a request for a new site or tower under this section, the City shall review and act upon the application, subject to the tolling provisions below.

      4.   Tolling Of The Timeframe For Review: The 150-day review period begins to run when the application is filed, and may be tolled only by mutual agreement between the City and the applicant, or in cases where the City determines that the application is incomplete.

         a.   To toll the timeframe for incompleteness, the City must provide written notice to the applicant within thirty (30) days of receipt of the application, specifically delineating all missing documents or information required in the application.

         b.   The timeframe for review begins running again when the applicant makes a supplemental submission in response to the City's notice of incompleteness.

         c.   Following a supplemental submission, the City will notify the applicant within ten (10) days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in this section. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.

      5.   Failure To Act: In the event the City fails to approve or deny a complete application under this section within the timeframe for review (accounting for any tolling), the applicant shall be entitled to pursue all remedies under applicable law. (Ord. 3590, 2017)

In connection with the filing of an application, the applicant shall pay all applicable application fees, according to the currently adopted fee schedule. (Ord. 3590, 2017)

This article shall be subject to all applicable laws, rules and regulations. (Ord. 3590, 2017)

These wireless communication facilities regulations are in addition to other regulations in the Zoning Code. In case of a conflict between regulations, the most restrictive shall apply except as otherwise indicated. (Ord. 3590, 2017)

The various parts, sentences, paragraphs, sections and clauses of this article are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the article shall not be affected thereby. (Ord. 3590, 2017)

The title of this article shall be the HILLSIDE OVERLAY ORDINANCE. The purpose of these regulations is to establish a Hillside Overlay Zone and to prescribe procedures whereby the development of lands within the Hillside Overlay Zone occurs in such a manner as to protect the natural and topographic development character and identity of these areas, environmental resources, the aesthetic qualities and restorative value of lands, and the public health, safety, and general welfare by ensuring that development does not create soil erosion, sedimentation of lower slopes, slide damage, flooding problems, that it prevents surface water degradation, severe cutting or scarring, and to reduce the risk of catastrophic wildfire in the wildland-urban interface. It is the intent of these development standards to encourage a sensitive form of development and to allow for a reasonable use that complements the visual character and the nature of the City. (Ord. 3091 §2, 2003)

The provisions of this article shall apply to all land within the Hillside Overlay Zone as shown in exhibit A of this section and to all lands annexed into the City limits after May 1, 2005. Lands with an average slope of less than fifteen percent (15%), within the Hillside Overlay Zone, are exempt from these regulations.

Exhibit A

(Ord. 3207 §1, 2005: Ord. 3091 §3, 2003)

ACTUAL SLOPE: The actual slope of the parcel, in the area to be developed, prior to development. This definition shall apply only to section 17.08.943 of this chapter.

AVERAGE SLOPE: The slope of a parcel computed from the vertical and horizontal distances at the highest and lowest points of the parcel.

BUILDING ENVELOPE: The area within the perimeter of the structure, including the primary structure and any attached portions or projections.

CLUSTER LOTS: The same number of homes is clustered on a smaller portion of the total available land. The remaining land, which would have been allocated to individual home sites, is converted into protected open space and shared by the residents of the development or of the entire community if required as a part of an approval process.

dbh: The diameter of a tree at 4.5 feet above ground level.

DEVELOPER: One who undertakes "development" as defined herein.

DEVELOPMENT: All land disturbing activity, except as exempted herein, including tree removal and any activity that results in a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing topography. Land disturbing activities include, but are not limited to, demolition, construction, clearing, grading, filling, and excavation.

GEOTECHNICAL ENGINEER: A professional engineer licensed in the state of Idaho, qualified by education or experience in geotechnical engineering.

HYDROLOGIST: A professional who possesses, at a minimum, a bachelor's degree in one of the physical sciences or civil engineering and four (4) years of professional experience in hydrologic or hydro-geologic work or any professional who possesses any combination of training, education and experience that would provide the required knowledge and abilities to utilize advanced principles and practices employed in hydrology, water supply, drainage, flood control, surface water, ground water and other related aspects of hydrology.

LANDSCAPE PROFESSIONAL: A person who has training, skill, and expertise in tree identification, tree biology, and ecology, including, but not limited to, a certified arborist, professional forester, or landscape architect.

MAXIMUM DRIVEWAY LENGTH: Driveway length measured from the public right of way to the structure.

NATURAL STATE: Land set aside to be retained in a state that existed immediately prior to the "development" as defined herein.

SENSITIVE SURFACE WATER BODIES: Fernan Lake, Coeur d'Alene Lake and the Spokane River.

WILDFIRE MITIGATION: Reducing the risk of catastrophic wildfire in the wildland-urban interface as addressed in the national fire plan, through the use of fire resistive construction, fuel modification, creation of survivable/defensible space, firebreaks, improved fire department access and water supplies, etc.

WILDLAND-URBAN INTERFACE: Those areas where structures or other development meets or intermingles with wildland or vegetative fuels. (Ord. 3160 §1, 2003: Ord. 3091 §4, 2003)

   A.   Geotechnical Studies: Prior to development a geotechnical study indicating that the site is suitable for the proposed use and development shall be prepared by a geotechnical engineer and shall be submitted and approved by the city. The study shall include the following information:

      1.   Project description to include location, topography, drainage, vegetation, discussion of previous work and discussion of field exploration methods, if any.

      2.   Site geology, to include site geologic maps, description of bedrock and surface materials, including artificial fill, locations of any faults, folds, etc., and geologic structural data including bedding, jointing and shear zones, soil depth and soil structure. The analysis shall indicate the degree of risk for landslides and/or slumping.

      3.   Discussion of any off site geologic conditions that may pose a potential hazard to the site, or that may be affected by on site development.

      4.   Suitability of site for proposed development from a geotechnical standpoint.

      5.   Specific recommendations for site preparation, foundation design and construction, slope stability, potential for slope sloughing and raveling, ground water, surface and subsurface drainage control, fill placement and compaction, retaining walls, and other design criteria necessary to mitigate geologic hazards.

      6.   Additional studies and supportive data shall include cross sections showing subsurface structure, graphic logs with subsurface exploration, results of laboratory tests and references, if deemed necessary by the engineer or geologist to establish whether an area to be affected by the proposed development is stable.

      7.   Signature and registration number of the engineer.

      8.   Additional information or analyses as necessary to evaluate the site.

      9.   Recommendations for inspections during construction by the geotechnical engineer.

   B.   Wildland-Urban Interface: Wildfire mitigation goals for each development shall be determined by the city prior to development, and shall be achieved using the applicable sections of the Kootenai County wildland-urban interface fire mitigation plan, 2000 urban-wildland interface code and National Fire Protection Association (NFPA) standards as guidelines. (Ord. 3160 §2, 2003: Ord. 3091 §5, 2003)

Prior to development, grading and erosion control plans conforming to the following requirements shall be submitted and approved by the city. Erosion control measures conforming to best management practices (BMPs) approved by the city, or identified in the DEQ manual entitled "Catalog Of Storm-Water Best Management Practices For Idaho Cities And Counties", shall be required.

   A.   Plans: All grading and erosion control plans shall include the following:

      1.   Property boundaries.

      2.   All existing natural and manmade features and facilities within twenty feet (20') of the area to be disturbed, including, but not limited to, streets, utilities, easements, topography, structures, and drainage channels.

      3.   Existing and proposed finish contours of the areas to be disturbed, at two foot (2') vertical intervals. However, this requirement can be waived when the finished ground surface elevation does not vary by more than two feet (2') from the ground surface elevation prior to the proposed development.

      4.   Location of all proposed improvements, including paving, structures, utilities, landscaped areas, flatwork, and storm water control facilities.

      5.   Existing and proposed drainage patterns, including ridgelines and tributary drainage areas.

      6.   Storm water control facilities, including invert elevations, slopes, length, cross sections, and sizes. Construction details shall be shown for grassed infiltration areas, and/or detention/retention facilities.

      7.   Existing and proposed drainage easements.

      8.   Details for temporary and permanent erosion control measures.

      9.   Revegetation measures.

10. Plans shall be stamped and signed by a professional engineer or landscape architect, licensed in the state of Idaho. However, plans for public improvements shall be stamped and signed by a professional engineer licensed in the state of Idaho.

   B.   Review By Geotechnical Engineer: The project geotechnical engineer shall provide written proof of review and compliance to all grading plans. All grading shall conform to the most current adopted building code and the recommendations of the geotechnical engineer.

   C.   Installation Of Temporary Erosion Control: Temporary erosion control measures shall be installed and functional prior to start of any grading and/or land disturbing activity. They shall be maintained in a functional condition until the permanent measures are installed.

   D.   Retention In Natural State: All development shall retain an area or areas equal to twenty five percent (25%) of the total parcel plus the percentage figure of the average slope of the total parcel, in its natural state. Lands to be retained in a natural state shall be protected from damage through the use of temporary construction fencing or the functional equivalent.

For example, on a twenty five thousand (25,000) square foot lot with an average slope of twenty nine percent (29%), 25% + 29% = 54% of the total lot area shall be retained in a natural state. In this example a maximum of eleven thousand five hundred (11,500) square feet could be disturbed. Also, see exhibit 17.08.940A of this chapter.

Lots less than twenty five thousand (25,000) square feet, legally created prior to adoption of this article, shall be required to retain an area equal to fifty percent (50%) of the area calculated by the above formula. In the above example, on a lot created prior to this article, a twenty four thousand nine hundred ninety nine (24,999) square foot lot would need to leave twenty seven percent (27%) retained in the natural state. The area that could be disturbed would be a maximum of eighteen thousand two hundred forty nine (18,249) square feet.

   E.   Grading: All cut slopes shall be constructed in such a manner so that sloughing or raveling is minimized. The maximum allowable vertical height of any cut or fill slope shall be thirty feet (30'). The maximum inclination of fill slopes shall be two to one (2:1) (horizontal to vertical). For public roadways, the maximum allowable vertical height for cut and fill slopes in combination shall be sixty feet (60').

   F.   Temporary Erosion Control For Slopes With Erodable Surface Materials: All slopes with erodable surface material shall be protected with erosion control netting, blankets, or functional equivalent. Netting or blankets shall only be used in conjunction with organic mulch such as straw or wood fiber. The blanket must be applied so that it is in complete contact with the soil so that erosion does not occur beneath it. Erosion netting or blankets shall be securely anchored to the slope in accordance with manufacturer's recommendations. Temporary slope erosion control measures shall be installed upon completion of slope grading if permanent erosion control measures are not completed at the same time.

   G.   Revegetation Requirements: All areas with erodable surface materials that are graded and not paved shall be revegetated. The vegetation used for these areas shall be native or similar species that will reduce the visual impact of the slope and provide long term slope stabilization. All revegetation measures shall be installed, inspected by the city, and approved prior to the issuance of a certificate of occupancy, or other time as determined by the city. Vegetation shall be installed in such a manner as to be substantially established within one year of installation.

   H.   Maintenance Of Erosion Control Measures: All measures installed for the purposes of long term erosion control, including, but not limited to, vegetative cover, rock walls, and landscaping, shall be maintained in perpetuity on all areas which have been disturbed, including public rights of way. The applicant shall indicate the mechanisms in place to ensure maintenance of these measures.

   I.   Security: After an erosion control plan for a building site is approved by the city and prior to issuance of a building permit, the applicant shall provide a performance bond or other security in the amount of one hundred fifty percent (150%) of the value of the erosion control measures shown on the approved plan. The city attorney shall approve all security. The financial guarantee instrument shall be in effect for a period of at least one year from the project completion date. All or a portion of the security retained by the city may be withheld for a period up to three (3) years beyond the one year maintenance period if it has been determined by the city that the site has not been sufficiently stabilized against erosion.

   J.   Inspections And Final Report: Prior to the acceptance of a subdivision by the city or issuance of a certificate of occupancy for individual structures, the project geotechnical engineer shall provide a final report indicating that the project was constructed in accordance with their recommendations, and that all recommended inspections were conducted by the project geotechnical engineer.

   K.   Protecting Bare Soil During Development: All surfaces where bare soil is exposed during clearing and grading operations, including spoil piles, shall be covered or otherwise protected from erosion.

   L.   Construction Ways And Vehicles: Stabilized construction entrances and driveways shall be required for all construction sites to minimize sediment tracking onto roadways. Parking of vehicles shall be restricted to paved or stabilized areas. (Ord. 3160 §3, 2003: Ord. 3091 §6, 2003)

The requirements for storm water management plans as set forth in this code shall apply to all development within the hillside overlay zone including single-family residences. In addition, the following requirements shall apply:

   A.   Storm water facilities shall include storm drain systems associated with street construction, facilities for infiltration, treatment, and/or conveyance of drainage from driveways, parking areas and other impervious surfaces, and roof drainage systems.

   B.   Storm water facilities, when part of the overall site improvements, shall be, to the greatest extent feasible, the first improvements constructed on the development site.

   C.   Storm water facilities shall be designed to divert surface water away from cut faces or sloping surfaces of a fill.

   D.   Existing natural drainage systems shall be utilized in their natural state to the greatest extent feasible.

   E.   Storm water facilities shall be designed, constructed and maintained in a manner that will avoid erosion on site and to adjacent and downstream properties. (Ord. 3091 §7, 2003)

The preservation, protection, and removal of trees shall meet the following requirements:

   A.   Tree Removal: Prior to the development, a tree removal plan must be submitted to and approved by the city. Removal of trees less than six inches (6") dbh are not regulated as long as the method of cut and removal does not create soil disturbance. (The acts of walking and falling trees are not to be construed to create soil disturbance.) Trees can be removed if they meet one or more of the following conditions:

      1.   Trees within a construction zone:

         a.   The tree is located within the building envelope.

         b.   The tree is located within a proposed street right of way, driveway, or parking area.

         c.   The tree is located within water, sewer, or other public utility easement.

         d.   The tree is located within or adjacent to areas of cuts or fills that are deemed threatening to the life of the tree, as determined by a landscape professional.

Trees removed for any of the above conditions are not required to be replaced.

Exhibit 17.08.930A

      2.   Trees located within other areas to be disturbed: Trees can be removed within other areas except areas to remain in a natural state. Trees removed within these areas must be replaced on a one for one basis with trees that will have approximately the same size and crown at maturity. The replacement trees must meet the requirements of this article and be located on the same property.

      3.   Trees located within areas to remain in a natural state: Trees may be removed from these areas with the approval of the city if they meet any of the following conditions:

         a.   Removal is required in order to achieve the wildfire mitigation goals established by the city. Trees removed for this reason need not be replaced.

         b.   The tree is dead or dying. Trees removed meeting this criteria must be replaced on a one for one basis with trees that will have approximately the same size and crown at maturity. The replacement trees must meet the requirements of this article and be located on the same property.

   B.   Inventory Of Existing Trees: Prior to any soil disturbing activities on the building lot, including tree removal, an inventory shall be completed locating all trees greater than six inches (6") dbh within the area(s) to be developed. A plan shall be prepared at the same scale as the site plan. Trees shall be identified by dbh, species, and approximate extent of tree canopy. All tree locations shall have an accuracy of plus or minus two feet (±2'). The name, signature, and address of the person responsible for the survey shall be provided on the plan.

   C.   Protection Of Natural Areas And Trees: The developer shall adhere to the following protection standards for all trees not to be removed and for all areas to remain in a natural state:

      1.   All areas to remain in a natural state and all trees designated for preservation shall be clearly marked on the project site plan. Prior to the start of any clearing, stripping, stockpiling, trenching, grading, compaction, paving, or change in ground elevation, the applicant shall install temporary delineation to clearly identify areas to be retained in a natural state. Trees to be preserved that are located adjacent to or in the area to be disturbed shall be clearly identified and protected by placing temporary fencing or similar approved method outside the drip line of each tree. The fences may be inspected and their location approved by the city.

      2.   Construction site activities, including, but not limited to, parking, material storage, soil compaction and concrete washout, shall be arranged so as to prevent disturbances within tree protection areas.

      3.   No grading, stripping, compaction, or significant change in ground elevation shall be permitted within the drip line of trees designated for preservation unless indicated on the approved grading plans. If grading or construction is approved within the drip line, a landscape professional may be required to be present during grading operations, and shall have authority to require protective measures to protect the roots.

      4.   Changes in soil hydrology and site drainage within tree protection areas shall be minimized. Runoff should be directed away from trees designated for preservation.

   D.   Tree Replacement: Trees designated or approved for removal in accordance with subsections A2 and A3b of this section shall be replaced in accordance with the following standard:

      1.   Replacement trees shall be indicated on a tree replanting plan. The replanting plan shall include all locations for replacement trees, and shall also indicate tree planting details, including species.

      2.   Replacement tree locations shall adhere to the wildfire mitigation goals for the project. The city's urban forester shall have the discretion to adjust the proposed replacement tree species or location based upon site specific conditions.

      3.   Replacement trees shall be a minimum of one inch (1") caliper for deciduous trees and a minimum height of four feet (4') for evergreen trees.

      4.   Maintenance of replacement trees shall be the responsibility of the property owner. Required replacement trees shall be continuously maintained in a healthy manner. Trees that die within the first five (5) years after initial planting must be replaced in kind, after which a new five (5) year replacement period shall begin. Replanting must occur within thirty (30) days of notification unless otherwise noted.

   E.   Enforcement:

      1.   All tree removal shall be done in accordance with the provisions of this article. No trees designated for preservation shall be removed without prior approval of the city.

      2.   Should the developer or developer's agent remove, destroy, or damage any tree that has been designated for preservation, the city shall require the developer to replace the tree in accordance with this article and may fine the developer an amount established by the city. For trees that are removed or destroyed, the minimum amount of the fine shall be equal to the appraised value of the tree. The appraised value of a tree will be determined by a qualified appraiser using the standards specified by the International Society of Arboriculture as set forth in the most recent edition of their official publication "Guide For Plant Appraisal", developed by the Council of Tree and Landscape Appraisers. (Ord. 3091 §8, 2003)

All buildings shall be designed and constructed in compliance with the following standards. To reduce hillside disturbance, buildings shall incorporate the following design requirements:

   A.   Building Design Requirements:

      1.   Roof Material: Only class A roof coverings listed and identified by an approved testing agency or approved noncombustible roof covering shall be used for new roofs or replacement of existing roofs.

      2.   Foundations: All structures shall have foundations that have been designed by a professional engineer licensed in the state of Idaho. The foundation design shall be based on a geotechnical engineer's recommendations.

      3.   Architectural Features: Architectural features such as bay windows, decks, building step back, etc., shall be required on all exterior walls greater than twenty feet (20') in height, as measured from lowest adjoining finish grade, not including gables. All architectural features shall have a minimum depth of one foot (1').

      4.   Color: A palette of colors approved by the council shall be used for exterior walls, facades, and roofs. They shall have a light reflective value (LRV) of forty (40) or less, per the manufacturers' specifications. When such data is unavailable, compliance will be determined by a comparison of samples where data is available. This light reflective value standard shall not apply within established residential areas. Window and door glazing shall be nonmirrored. (Ord. 3091 §9, 2003)

For development within five hundred feet (500') of a sensitive surface water body, the following additional standards shall apply:

   A.   Storm Water Management Plan: A storm water management plan shall be prepared by an Idaho licensed professional engineer or registered landscape architect with water quality training and experience. The plan shall include an evaluation of the impacts of the development as it relates to surface water quality of the adjacent water body, and provide recommendations for mitigation.

The development of the property shall not create any impacts that cannot be mitigated. The quality of surface water runoff shall be protected by utilization of best management practices (BMPs) identified in the DEQ manual entitled "Catalog Of Storm-Water Best Management Practices For Idaho Cities And Counties". Development shall comply with Idaho water quality standards.

   B.   Density: The following densities shall apply to divisions of land, unless a deviation is granted pursuant to the planned unit development process, up to but not to exceed the density allowed in the underlying zone. The density ratio standard shall not apply to individual building permit applications on existing parcels recorded prior to the adoption of this article nor portions of a lot beyond the five hundred foot (500') boundary. See example below:

 

 

Example of a parcel split by the five hundred foot (500') overlay boundary:

Fifteen (15) acre lot zoned R-1;

Five (5) acres are within five hundred feet (500') of the water and that has a greater than thirty five percent (>35%) slope;

Exhibit 17.08.940A

Example: Fifteen Acre Lot With Portion

Within Five Hundred Feet Of Water

The zoning density (theoretical lot density) for the area within 500 foot boundary = 5 (area within boundary) divided by 2.5 (density factor for over 35% slope) = 2.0 units;

Development within this area must be clustered and a part of a planned unit development. Exhibit 17.08.940A of this section.

The density for the area outside of the 500 foot boundary = lot area divided by 34,500 (standard minimum lot size for the R-1 district) = 37. Note that the actual lot density would be affected by street design and other design factors.

   C.   Interagency Coordination: The city may request comments on the project from affected agencies, where appropriate. Where coordinated permits are necessary, approvals from permitting agencies may be required.

   D.   Waterfront Lots: For lots with frontage on sensitive water body, an undisturbed natural vegetation buffer shall be retained at the waterfront. A stairway, walkway, stairway landing, or a tram shall be allowed to encroach within the buffer. The buffer shall be a minimum of twenty five feet (25') from the high water mark of the water body. For purposes of this article, high water marks shall be considered to be the following elevations:

Coeur d'Alene Lake 2,125.0 (NGVD 1929 datum), (2128 WWP datum)

Fernan Lake 2,131.37 (Kootenai County site disturbance ordinance)

The high water marks for the Spokane River shall be determined by on site inspection of evidence of historical water levels. (Ord. 3160 §4, 2003: Ord. 3091 §10, 2003)

   A.   Applicability:

      1.   All land within five hundred feet (500') of the high water mark of Fernan Lake, as defined in section 17.08.940 of this chapter, shall be subject to the following additional requirements.

      2.   The Fernan watershed management plan, plan goals and action plan shall be used as a guide for decision making in the implementation of the increased standards delineated in this section.

   B.   Hydrology Report:

      1.   In addition to the geotechnical study required under section 17.08.915 of this chapter, a hydrology inventory and report from a professional hydrologist shall be required. The report shall be submitted to city in conjunction with the application. This report must include location of surface and underground springs, both intermittent and permanent, surface water disposal and placement of storm water management areas. The report must also provide recommendations for mitigating any adverse impacts of the development on surface and ground water. The recommendations of the professional hydrologist shall be provided to the geotechnical engineer preparing the report required under section 17.08.915 of this chapter for incorporation into the site design of the project.

   C.   Development Standards:

      1.   No public or private roads, driveways or rights of way shall be constructed or dedicated within seventy five feet (75') of the high water mark of Fernan Lake as defined in section 17.08.940 of this chapter. Provided however that the requirements of this subsection shall not apply to construction that is necessary to replace or maintain existing public streets.

      2.   Construction within seventy five feet (75') of the high water mark shall be prohibited except for walkways, stairs, stairway landings and trams. No heavy construction equipment, such as backhoes, graders and dump trucks shall be used within the seventy five foot (75') buffer area. Nature trails, walkways and stairs shall not exceed six feet (6') in width. Thinning of vegetation to allow for nature trails, walkways and stairs are limited to a total width of ten feet (10'). Provided however that the requirements of this subsection shall not apply to construction that is necessary to replace or maintain existing public services such as streets, sidewalks, parking lots, streetlights, fire hydrants and underground utilities.

      3.   There shall be no manmade development including structures, utility lines, roads or driveways on actual slopes of thirty five percent (35%) or greater. Provided however that properties that are directly accessed from a public right of way, constructed and existing on or before the effective date of this section, that is more than two hundred feet (200') from the high water mark of Fernan Lake, shall be exempt from the provisions of this subsection if:

         a.   All structures on the subject property are built within seventy five feet (75') from the property line adjacent to the public right of way. (Ord. 3207 §2, 2005: Ord. 3160 §5, 2003)

The developer, or the property owner, may request deviations from any of the development standards of the hillside overlay ordinance to the planning director. Deviations may be granted only as listed herein:

   A.   Minor Deviations: The planning director shall notify the public of the request for minor deviation in accordance with subsection A6 of this section. After public notice and comment on the deviation request, the city planning director will review and decide on the proposed deviations. This decision may be appealed to the planning commission for approval or denial. Minor deviations may only be granted if all of the following circumstances are found to exist:

      1.   The deviation will result in equal or greater protection of the resources protected under this chapter;

      2.   The deviation is the minimum necessary to alleviate the difficulty;

      3.   The deviation does not conflict with Idaho Code, the city of Coeur d'Alene comprehensive plan and zoning ordinance and, in the case of the Fernan Lake planning area, the Fernan watershed management plan.

      4.   The requested modification was not specifically appealed during the public hearing process; and

      5.   The requested modification will not cause adverse physical impacts on adjacent properties.

Deviations typical of this category include:

         a.   Reduction of portion or all of the requirements for geotechnical study, grading plan, tree survey, etc., if the work is minor in nature or if adequate information already exists to determine the impact of the development.

         b.   Modification of dimensional requirements for driveway lengths, curb and sidewalk requirements, architectural features.

         c.   The use of seedlings (rather than 4 foot – 8 foot tall B&B trees) for tree replacements on steep slopes where there are shallow soils.

         d.   Deviation from the maximum cut and fill slopes and fill slope inclination all as defined in subsection 17.08.920E of this chapter.

      6.   Prior to granting or denying a minor deviation request, notice and opportunity to be heard shall be provided to property owners adjoining the parcel under consideration. The city shall cause notice to be mailed to adjoining property owners no less than seven (7) calendar days before application review. The applicant shall provide an accurate mailing list and shall be responsible for all costs of public notice.

   B.   Substantial Deviations: Substantial deviations may be granted by the Planning Commission to the conditions and limitations of the hillside development regulations, after public notice and hearing. This decision may be appealed to the City Council as provided by subsection 17.09.125B of this title. Substantial deviations may only be granted if all of the following circumstances are found to exist:

      1.   The deviation is the minimum necessary to alleviate the difficulty;

      2.   The deviation will result in equal or greater protection of the resources protected under this article;

      3.   The requested modification was not specifically appealed during the public hearing process;

      4.   The requested modification will not cause adverse physical impacts on adjacent properties; and

      5.   The deviation does not conflict with Idaho Code, the city of Coeur d'Alene comprehensive plan and zoning ordinance and, in the case of the Fernan Lake planning area, the Fernan watershed management plan.

   C.   Planned Unit Developments: Modifications to the development standards of this article approved through the planned unit development process (section 17.07.205 et seq., of this title) shall not be subject to the foregoing review and hearing process for deviations.

Public notice for substantial deviations shall be pursuant to section 67-6509 Idaho Code, and shall include mailed notice to abutting property owners not less than fifteen (15) days before the public hearing. The applicant shall provide an accurate mailing list and shall be responsible for all costs of public notice. (Ord. 3674 §12, 2021: Ord. 3207 §3, 2005: Ord. 3127, 2003: Ord. 3091 §11, 2003)

Maintenance requirements and responsibility shall be clearly identified for all projects where best management practices are employed, including those for erosion and sedimentation control, storm water management, and fuel modification for wildfire mitigation. When a storm water system is designed to service more than one lot, a maintenance agreement between all parties that benefit from the system must be established, including assurance of adequate funding. Easements across private property for maintenance access to community stormwater systems shall also be required where necessary. All private maintenance agreements and required easements must be executed prior to issuance of certificate of occupancy, recordation of final plat, or similar approvals of the City.

In the event that appropriate maintenance of any stormwater system is not conducted, the City shall have the option of requiring the property owner or association to provide for maintenance, or take other enforcement measures as outlined in section 17.08.955 of this chapter. (Ord. 3091 §12, 2003)

If any violation of this article occurs, the Planning Director, or designee, may revoke the permit or order the work stopped by notice, in writing, served on any persons engaged in doing or causing such work to be done. Such person shall stop all site work until authorized by the Planning Director or designee to proceed. The Planning Director, or designee, may also withhold further issuance of permits. Stop work orders may be appealed in the same manner as other appeals.

Violations of this article may be considered a criminal misdemeanor and shall be punishable as provided in section 1.28.010 of this Code. Each day of violation shall constitute a separate offense. The City may also take civil action to compel performance and completion of, or maintenance of, improvements installed pursuant to this article. (Ord. 3674 §13, 2021: Ord. 3257 §2.26, 2006: Ord. 3127, 2003: Ord. 3091 §13, 2003)

   A.   The purpose of this article is to establish regulations for the use of residential dwellings as short-term rentals to safeguard the public health, safety and general welfare, to protect the integrity of the City's neighborhoods, to establish a system to track the short-term rental inventory in the City, to ensure compliance with local performance standards, to provide a means of contact for the responsible party of a short-term rental, to establish a Good Neighbor Policy for occupants of short-term rentals and their guests, and to allow private property owners the right to fully and efficiently utilize their property without undue regulation or interference.

   B.   Nothing in this article shall be construed so as to nullify or override any lease agreements, or covenants, conditions, and restrictions applicable to the property that may prohibit or restrict its use for short-term rental purposes. (Ord. 3594, 2017)

GOOD NEIGHBOR POLICY: Shall mean the list of general rules of conduct, best practices, and standards of respect prepared by the Planning Department and required to be provided to occupants and their guests utilizing short-term rentals within the City.

OCCUPANT: Shall mean the person or persons who contract with the responsible party for use of the short-term rental.

RESIDENTIAL DWELLING: Shall mean a single unit providing complete and independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. Tents, recreational vehicles, campers, and similar units not designed for permanent residential use are excluded from this definition.

RESPONSIBLE PARTY: Shall mean the owner of a residential dwelling being used as a short-term rental, as well as any person designated by the owner who is responsible for compliance with this article by an occupant and any guests utilizing the short-term rental. The responsible party shall provide for the maintenance of the property and ensure compliance by the occupant and any guests with the provisions of this article, or any other applicable law, rule, or regulation pertaining to the use and occupancy of a short- term rental. The owner of the property shall not be relieved of responsibility or liability for noncompliance with the provisions of this article, or any other applicable law, rule, or regulation pertaining to the use and occupancy of a short-term rental because of the designation of another responsible party. All responsible parties shall be at least twenty one (21) years old.

SELF-INSPECTION CHECKLIST: Shall mean the current form approved by the City for use with a short-term rental application.

SHORT-TERM RENTAL: Shall mean a residential dwelling which is rented for thirty (30) days or fewer, and which is sometimes referred to as a "vacation rental". This term does not include a bed-and-breakfast facility, an RV park or campground, or a hotel or motel. (Ord. 3594, 2017)

   A.   An applicant for a short-term rental permit must be the owner of the residential dwelling to be offered for rent. No person with less than a fee ownership interest may apply for a short-term rental permit.

      1.   A short-term rental permit is valid only for the residential dwelling identified in the application. An applicant shall file a separate application and obtain a separate permit for each residential dwelling to be used as a short-term rental.

      2.   A short-term rental permit is non-transferable.

   B.   Prior to offering a short-term rental to the public, the owner of the residential dwelling shall complete an application on a form provided by the City and file it with the City Clerk or his/her designee. The application shall include:

      1.   The owner's legal name, date of birth, contact number, both physical and mailing addresses, and email address;

      2.   If the short-term rental is to be operated or managed by someone other than the owner, the name, date of birth, contact number, both physical and mailing addresses, and email address for a responsible party with day-to-day authority and/or control over the short-term rental;

      3.   The address of the short-term rental;

      4.   The signatures of the owner and other responsible party, if any, agreeing and acknowledging that they are jointly responsible for the compliance by the occupant and any guests with all applicable laws, rules, and regulations pertaining to the use and occupancy of the short-term rental, and for any unreasonable noise, disturbances or disorderly conduct by the occupant and/or guests while utilizing or while on the property of the short-term rental; and

      5.   The fee established by resolution of the City Council.

   C.   If any information required by subsections B1 through B4 of this section changes, a responsible party shall promptly advise the City.

   D.   At the time an application is filed with the City, a responsible party shall complete and file with the City the self-inspection checklist. A new self-inspection checklist shall be completed and filed with the City each year thereafter during which the short-term rental will be offered to the public.

   E.   Short-term rentals are not a grandfathered use. All short- term rentals in the City must have a permit to operate.

   F.   A short-term rental permit expires on March 31 of each year; provided, if the residential dwelling identified in the application is sold or title is otherwise transferred, the permit shall automatically expire upon the transfer of title.

      1.   To renew a short-term rental permit, the holder shall submit an application for renewal on a form provided by the City to the City Clerk or his/her designee, together with the renewal fee.

      2.   The renewal application must be submitted by March 1 of each year. A permit for which a renewal application is not submitted by March 1 shall expire on March 31.

      3.   If a permit has expired, a new application shall be required.

   G.   Subject to subsection 17.08.1010B of this article, any residential dwelling in the City may be rented without a permit for no more than fourteen (14) days per calendar year, where those fourteen (14) days are divided into no more than two (2) stays. (Ord. 3594, 2017)

   A.   Accessory Dwelling Units And Properties With Multiple Dwelling Units:

      1.   An accessory dwelling unit (ADU), as defined by subsection 17.02.030E of this title, which existed on the effective date of this article may be rented as a short-term rental, provided that either the principal dwelling or ADU on the property must be occupied by a majority owner of the property or an immediate family member of the property owner more than six (6) months out of any given year.

      2.   After the effective date of this article, an ADU may only be used as a short-term rental if the required impact fee is paid for the ADU. Once the impact fee is paid, either the principal dwelling or ADU on the property must be occupied by a majority owner of the property or an immediate family member of the property owner more than six (6) months out of any given year.

      3.   A principal dwelling and its associated ADU may not both be rented out concurrently as short-term rentals.

      4.   For properties with more than one dwelling unit, including multiple lots developed as a single parcel, only one dwelling unit per property may be used as a short-term rental at any one time.

   B.   Duplex And Multiple-Family Housing:

      1.   If multiple units in a duplex or multiple-family housing (including condominiums and apartments) are owned by the same person or persons, only one unit may be used as a short-term rental.

      2.   The owner(s) of multiple units in a duplex or multiple- family housing must designate which dwelling unit will be rented as a short-term rental and advise the City of said designation in the application for a permit.

   C.   Duties Of Responsible Party:

      1.   A responsible party must be available twenty four (24) hours per day, seven (7) days per week, for the purpose of responding within sixty (60) minutes to complaints regarding the condition of the short-term rental or the conduct of the occupant of the short-term rental and/or their guests.

      2.   A responsible party shall obtain the name, address, and contact number of each occupant of a short-term rental.

      3.   A responsible party shall provide the information required in subsection B2 of this section to the City at the City's request, if available.

      4.   A responsible party, upon notification that any occupant or guest has created any unreasonable noise or disturbance, engaged in disorderly conduct, or committed a violation of any applicable law, rule or regulation pertaining to the use and occupancy of a short-term rental, shall promptly respond in an appropriate manner within sixty (60) minutes and require an immediate halt to the conduct, and take such steps as may be necessary to prevent a recurrence of such conduct. Failure of the responsible party to respond to calls or complaints regarding the condition, operation, or conduct of an occupant or guest in a short-term rental in an appropriate manner within sixty (60) minutes shall constitute a violation of this article.

      5.   A responsible party shall prepare a written notice, and shall mail or deliver the notice to all residents and owners of property abutting or across the street from the short-term rental, which notice shall state the intent to operate a short-term rental and the number of bedrooms that will be rented to overnight guests, and include information on how to contact the responsible party by phone.

      6.   A responsible party shall post on or near the front door of the short-term rental a notice which includes the address of the rental, emergency contact numbers, and a diagram showing emergency exit route(s) approved by the Fire Department.

   D.   Information Provided To Occupants:

      1.   At the time of each occupancy of the unit, the responsible party shall provide to the occupant of a short-term rental the following:

         a.   A current copy of the short-term rental permit;

         b.   The name and contact number of all responsible parties;

         c.   A copy of the Good Neighbor Policy as approved by the City Planning Department;

         d.   A notice of the trash pick-up day, and applicable rules and regulations pertaining to leaving or storing trash on the exterior of the dwelling; and

         e.   Parking locations and requirements.

   E.   Occupancy:

      1.   The maximum number of overnight guests occupying a short- term rental shall not exceed the definition of "family" as provided in subsection 17.02.055B of this title.

      2.   Guests of an occupant may use a short term rental only when an occupant is present and may not stay overnight.

      3.   A responsible party may rent either the entire residential dwelling or one room of the residential dwelling to an occupant. Under no circumstances shall a responsible party rent individual rooms in a short-term rental to different occupants for the same night or nights.

      4.   No recreational vehicle, travel trailer, tent, or other temporary shelter shall be used as a short-term rental or in conjunction therewith to provide additional sleeping areas or otherwise.

   F.   Outdoor Storage:

      1.   Storage of equipment, inventory, or work-related items other than vehicles, shall be within the residence or a permitted accessory building. Outdoor storage and storage containers are prohibited. For purposes of this article, the term "storage container" refers to industrial and commercial shipping containers and buildings, including PODS and like containers, which are designed to be portable and/or temporary and which do not meet the design criteria for accessory buildings. The term does not include sheds or small storage buildings intended for incidental residential use and which are compatible with residential use.

   G.   Parking:

      1.   All occupants and guests shall, to the greatest extent possible, utilize any off-street parking of the residential dwelling which constitutes the short-term rental. On-street parking by occupants and guests shall be governed by the applicable provisions of chapters 10.20, 10.22, 10.24, and 10.27 of this Code.

      2.   An ADU, built after the effective date of this article and used as a short-term rental, requires one off-street parking space in addition to parking spaces required for the principal dwelling.

   H.   Signs And Advertising:

      1.   No sign indicating that the residence is a short-term rental or that it is for rent or lease shall be displayed such that it is visible from any other public or private property.

      2.   The street number of a short-term rental shall be posted in accordance with Fire Department IFC requirements.

      3.   All advertising for the short-term rental shall include the City permit number and the maximum number of vehicles accommodated by off-street parking spaces.

   I.   Trash:

      1.   Trash and refuse shall not be left stored within public view except in proper containers for the purpose of collection by the authorized waste hauler on scheduled trash collection days.

      2.   The short-term rental property shall, at all times, be kept in a neat and sanitary condition, in compliance with the requirements of title 8 of this Code.

   J.   Zoning:

      1.   Subject to the standards and restrictions applicable in each zone, the standards and restrictions contained in this article, and any permit requirements, the use of a residential dwelling as a short-term rental is permitted as a right in all residential and commercial zones, MH-8 provided that the residential dwelling is installed as required by State law, and DC. (Ord. 3594, 2017)

   A.   Violations:

      1.   It is unlawful for any responsible party to offer for rent a short-term rental or to operate a short-term rental without a City permit.

      2.   It is a violation of this article if a responsible party, or an occupant or guest knowingly and willfully violates any provision of this article.

   B.   Penalty:

      1.   For a first offense, the violator shall be subject to a civil penalty in an amount established by resolution of the City Council.

      2.   For any subsequent offense, the violator shall be subject to a misdemeanor, pursuant to section 1.28.010 of this Code.

      3.   In addition to any other remedy or procedure authorized by law, for three (3) or more violations of or failure to comply with any of the standards of this article in a calendar year, the City Clerk or his/her designee may revoke any or all of the owner's permits and, in addition, may order that no new permit shall be issued for up to three (3) years pursuant to the following procedures.

         a.   Prior to the revocation of any permit or the denial of a permit for repeated violation of the provisions of this article, written notice of the reasons for such action shall be served on the owner and/or responsible party in person or by certified mail at the address on the permit application. Revocation shall become final within ten (10) days of service unless the owner and/or responsible party appeals the action. The owner and/or responsible party shall provide the appeal in writing to the City Clerk or his/her designee within ten (10) days of receipt of the notice. The written notice of appeal must state the reasons for the appeal and the relief requested.

         b.   Should the owner and/or responsible party request an appeal within the ten (10) day period, the City Clerk or his/her designee shall notify the owner and/or responsible party in writing of the time and place of the hearing.

         c.   Appeals shall be heard by a neutral Hearing Officer designated by the City.

         d.   For good cause shown, the Hearing Officer may affirm or reverse the decision to revoke a permit. The Hearing Officer may affirm, reverse, or modify a decision to deny a new permit upon a showing of good cause. (Ord. 3594, 2017)