The purpose of this chapter is to establish basic development standards consistent with the goals and policies of the Comprehensive Plan and to set specific conditions for various uses or areas where problems are frequently encountered within the City. The regulations set forth are adopted to serve, protect and promote the public health, safety and welfare, and to preserve and enhance the aesthetic qualities of the City, while allowing for the orderly and efficient development of property in accordance with all State and Federal regulations. (Ord. 146, 9-22-2016)

The purpose of the home occupation standards is to define, design and set minimum requirements for home occupations in the Residential Districts in order to protect and maintain the character of the residential neighborhoods in the City.

   A.   Standards For All Home Occupations:

      1.   Maximum Floor Area: A home occupation may be located within a dwelling or any accessory building, but no home occupation shall occupy a floor area larger than that of the dwelling to which it is accessory to.

      2.   Business Registration: All home occupations shall be registered as a business or as otherwise required by other titles of this Code.

      3.   Signage: All signage proposed shall be wholly contained within the boundaries of the property and shall not extend or project into any public rights-of-way or public easements.

      4.   Illumination Of Signs Prohibited: All signage shall not be illuminated or internally lit.

      5.   Off Street Parking: Home occupations shall provide off street parking for all employees and any vehicles associated with the home occupation in compliance with the requirements of section 12-13-1, appendix A of this title.

   B.   Prohibited Activities: The following activities and/or similar activities are prohibited home occupations:

      1.   Repair Shops: Mechanic or automobile repair shop;

      2.   Manufacturing: Industrial manufacturing of goods or products; (Ord. 146, 9-22-2016)

      3.   Other Activities:

         a.   Any activity that is specifically prohibited within the zoning district;

         b.   Any activity that specifically requires a special use permit. (Ord. 146, 9-22-2016; amd. 2017 Code)

   C.   Tier 1 Home Occupations: All Tier 1 home occupations shall be processed consistent with the administrative review processes as established at section 12-3-8 of this title. All Tier 1 requests shall be in compliance with the requirements of this section and the following:

      1.   Employees: No person other than those residing on the premises shall be engaged in such occupation;

      2.   Use Incidental: Use is clearly incidental and secondary to the use of the property for dwelling purposes;

      3.   Outside Alterations: There shall be no alteration, structural or otherwise, in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, other than one (1) sign affixed to the structure, not exceeding twelve (12) square feet in area. No freestanding signs are allowed;

      4.   Commercial On Premises Sales: There shall be no commercial on premises sales in connection with such home occupation, nor shall there be any commercial or manufacturing uses specifically provided for in other parts of this title;

      5.   Traffic: Vehicular traffic generated by such home occupation shall not significantly exceed the traffic attributable to a normal dwelling unit (generally no more than 10 vehicle trips per day on average);

      6.   Manufacturing: Manufacturing shall be limited to the small scale assembly of already manufactured parts, but does not preclude production of small, individually handcrafted items, furniture or other wood items as long as the activity meets the other standards of this section;

      7.   Storage: Storage of items in relation to the home occupation shall not occur in a manner that would cause it to be seen from any public right of way, including public bodies of water. All storage related to the home occupation shall be stored completely indoors.

   D.   Tier 2 Home Occupations:

      1.   Special Use Permit: Tier 2 home occupations shall be allowed only by special use permit. Reasonable conditions limiting hours of operations, traffic generated and activities associated with the proposed home occupation may be considered by the city;

      2.   Employees: Tier 2 home occupations shall be carried out by those residing in the dwelling and up to two (2) additional employees;

      3.   Activities, Storage: Limited activities and outside storage of materials and/or equipment are permitted, provided the site is sufficiently screened from the street and surrounding properties as determined by the city, or all items are stored entirely within a building;

      4.   Traffic: Vehicular traffic generated by such home occupation may exceed ten (10) vehicle trips per day on average as established by condition of the special use permit, provided the applicant can demonstrate that the traffic will not constitute a nuisance with the surrounding residential neighborhoods;

      5.   Signage: Signage shall be limited to one freestanding sign and one affixed sign not exceeding a total combined square footage of twenty four (24) square feet. Freestanding signs shall not exceed eight feet (8') in height, measured from existing grade;

      6.   Statement Of Compatibility: An application for a tier 2 home occupation shall include a statement indicating how the proposed activity is compatible with and will not change the character of the neighborhood and how the activity will address such elements as noise, light/glare, traffic, dust, storage and any other activity the city deems necessary to properly assess the impacts on neighboring property owners.

   E.   Procedures For Processing Home Occupation Requests:

      1.   Tier 1 Procedures: Any applicant seeking approval of a tier 1 home occupation shall make application for such request on a form provided by the city. The administrator shall review the application for consistency with the standards of this section and shall follow those administrative procedures as established at section 12-3-8, "Procedures For Administrative Reviews", of this title.

      2.   Tier 2 Procedures: Any applicant seeking approval of a tier 2 home occupation shall submit, where applicable, an application for a special use permit on a form provided by the city. Staff shall evaluate the proposal consistent with the procedures of section 12-3-12 of this title and those requirements as set forth in chapter 10 of this title. (Ord. 146, 9-22-2016)

   A.   Purpose: The allowance for accessory dwelling units is to promote infill housing in close proximity to existing infrastructure and services, including public transportation, parks, employment centers, and other public areas, and to conserve land, house more people within the city limits, and prevent sprawl.

   B.   Standards For All Accessory Dwelling Units (ADUs): Where allowed in the city, any request for an accessory dwelling unit shall comply with the following standards:

      1.   Permanent Provisions: An ADU has provided for permanent provisions for living, sleeping, eating, cooking and sanitation;

      2.   Location: An ADU may either be attached, having any portion of one or more walls in common with the principal dwelling, or be interior, located entirely within the walls of the principal dwelling, or be located on the same lot or parcel of the main dwelling unit;

      3.   Size: Accessory dwelling units shall be no larger than forty percent (40%) of the habitable living space of the primary residence or no more than one thousand (1,000) square feet, whichever is less;

      4.   Number Of Bedrooms: Bedrooms for ADUs shall be limited to no more than two (2); (Ord. 146, 9-22-2016)

      5.   Renting: An ADU rented for a period of fewer than thirty (30) days shall meet the standards of section 12-7-4 of this chapter; (Ord. 151, 8-17-2017)

      6.   Zoning Standards: All ADUs shall be subject to the zoning standards as provided within this title;

      7.   Density: No more than one (1) ADU shall be located on an individual lot or parcel. For ownerships that span several lots, the combined ownership shall be considered when calculating density;

      8.   Owner Occupancy: Either the principal residence or the ADU shall be occupied by the owner of the property on which they are located;

      9.   Design: The ADU shall be consistent in design with the principal residence, including roof pitch, siding, color, materials, and windows;

      10.   Entrance: The ADU may have a separate exterior entrance or an entrance to an internal common area accessible to the outside, which shall be located to the side or rear of the principal residence;

      11.   Parking: One (1) additional off street parking space, in addition to a minimum of two (2) spaces for an existing residence, shall be provided.

   C.   Procedures For Processing Accessory Dwelling Unit Requests: Building and zoning permits shall be required for all accessory dwelling units and shall be processed in accordance with section 12-3-8, "Procedures For Administrative Reviews", of this title. Once approved by the City, it is the landowner's responsibility to ensure that the ADU remains compliant with the standards of the City and that the ADU is operated in a manner in accordance with all other provisions of this chapter. At a minimum, a permit application shall include:

      1.   Name, Location: The name of landowner and property location;

      2.   Contact Information: Address and phone number for contact person;

      3.   Design Drawings: Design drawings showing how the ADU will meet the provisions of subsection B of this section, which shall include the location on the lot or parcel, setbacks from property lines, proposed landscaped areas, and lot coverage;

      4.   Utilities: Written notification from the respective agency or department that the existing utilities are adequate to accommodate the future ADU, or utility plans indicating how the site will handle the future use;

      5.   Owner Agreement: An agreement signed by the landowners that they shall adhere to the City codes regulating the use of ADUs as an owner occupied property;

      6.   Fee: Any applicable fee as established by the City.

   D.   Standards For ADU Approval: Permit application shall be approved by the City if all of the following standards have been met:

      1.   ADU Requirements: The ADU, as proposed, meets all applicable requirements of this section;

      2.   Code Requirements: The ADU, as proposed, meets all applicable requirements of the City's adopted Building and applicable Electrical Codes;

      3.   Other Standards: The ADU, as proposed, does not violate any other applicable chapters or standards of the City, State and Federal government. (Ord. 146, 9-22-2016)

   A.   Purpose: The purpose of this section is to provide standards and a process for permitting the use of dwellings for vacation rentals or short-term occupancy so that:

      1.   Property rights of landowners and integrity of residential neighborhoods are protected;

      2.   Safety of short-term rental occupants and the general public is ensured;

      3.   Adequate services, health standards, and parking are addressed;

      4.   The general welfare of the City as it relates to impacts to the City's amenities and resources are taken into consideration;

      5.   Overcrowding is avoided so that life/safety, service availability, and general welfare concerns are met.

   B.   Findings: The City of Dover finds the following with respect to short-term rentals:

      1.   There are economic benefits to the community to allow short-term rental/vacation homes because they expand lodging opportunities;

      2.   The permit process allows the City to address impacts of these uses on neighborhoods and City resources;

      3.   The establishment of standards and procedures provides an opportunity to ensure health and life/safety issues are addressed;

      4.   Permit procedures create a process to ensure the health, safety, and welfare concerns are adequately addressed by the landowner and guests.

   C.   Applicability: The standards of this section shall apply to all short-term rentals, as defined. All requirements, standards, and permits imposed by this section are in addition to any other applicable regulations of this Code.

   D.   Permit Required: Prior to the operation of a short-term rental, as defined by this title, the owner of the dwelling unit shall obtain a "short-term rental permit", pursuant to the administrative procedures of section 12-3-8 of this title. A short-term rental permit is not required for RV parks or campgrounds, hotels, or motels. In addition, short-term rental permits are not required for any existing bed and breakfasts authorized through the special use permit process or short- term rental units within the existing Dover Bay planned unit development. All other short-term rentals shall obtain permits.

      1.   A separate permit shall be required for each dwelling unit to be used for short-term rental.

      2.   The permit shall be issued only to the owner of the dwelling unit, who bears the responsibility for compliance with the standards and regulations of this section, whether an agent, co-host, manager, or other person or entity operates the short-term rental.

      3.   Short-term rental permits are not transferrable.

      4.   Prior to issuance of the short-term rental permit, the City shall provide notification of permit application by regular mail to landowners within three hundred feet (300') of the property. Any public comment on the proposed short-term rental application shall be based on whether it meets the standards of this section. The deadline to submit written public comment to the city clerk shall be fourteen (14) days from the date the public notice is mailed.

      5.   Conditions may be set to ensure the purposes of subsection A of this section are met.

      6.   The City has the authority to revoke the short-term rental permit if the terms of the permit relating to health, safety, or general welfare are violated more than three (3) times during any three hundred sixty five (365)-day cycle. Prior to such revocation, the City shall provide written notice to the landowner by certified mail at the address shown on the current County Assessor records. The notice shall identify the violations, the actions required to eliminate the violations, and a request for the landowner to respond within ten (10) days of the issuance of the notice, identifying how the violations are to be remedied. If the landowner fails to respond or fails to remedy the violations, the permit may be administratively revoked by providing the landowner written notification, sent by certified mail. The administrative decision is subject to the rights of appeal of section 12-3-5 of this title. The enforcement process is subject to the provisions of sections 12-2-2 through 12-2-5 of this title.

   E.   Standards: Short-term rentals shall conform to the following standards:

      1.   Occupancy of the rental shall be based upon the number of bedrooms within the dwelling unit. A bedroom is a room designed for sleeping. A den, library, office, game room, alcove, or other rooms or open space shall not be used to calculate occupancy. The number of short-term rental occupants, as defined, shall not exceed two (2) persons per bedroom. The number of guests of the short-term rental occupants shall not exceed double the occupancy rate. Guests of rental occupants are not permitted to stay overnight. The maximum number of bedrooms available for short-term rental within any dwelling unit shall not exceed five (5).

      2.   Short-term rentals shall be limited to residential dwelling units only.

      3.   The owner shall post the following information in a conspicuous place within the dwelling unit:

         a.   Occupancy maximum as authorized by zoning permit;

         b.   Parking requirements and parking locations;

         c.   Name and 24-hour contact information for owner and at least one (1) other contact person;

         d.   Trash disposal requirements;

         e.   Good Neighbor Policy;

         f.   Consequences of violations;

      4.   The rental unit shall conform to the Life/Safety Codes of current, applicable International Residential and Fire Codes, as adopted by the City. Prior to the issuance of the short- term rental permit, the owner shall obtain an inspection report from the local fire district or building official, confirming the home is equipped with smoke detectors, fire extinguishers, carbon monoxide detectors, where applicable, egress windows, exit plans, exit equipment for upper-level escape, emergency action plans, and other such life/safety measures identified by the inspector as necessary to meet life/safety standards. The applicant or owner is responsible for any applicable inspection fees. After the initial inspection, the owner shall provide to the city clerk by January 1st of each year an annual report confirming the safety measures that were identified as required in the initial report are maintained. Should fire district or building official inspection services be unavailable, as determined by the City, the owner shall submit to the city clerk a completed self-inspection life/safety checklist, on a form provided by the City, confirming the home is equipped with the required life/safety measures.

      5.   All trash shall be retained within an approved solid waste container. No trash shall be placed outside the approved container.

      6.   Parking is subject to the standards of titles 6 and 12 of this Code.

   F.   Permit Issuance: Prior to issuance of the short-term rental permit, the owner shall provide the following to the City:

      1.   Contact information of the owner and at least two (2) additional individuals who have the authority to respond to emergencies or rental violations.

      2.   A statement that will be provided to all guests regarding City nuisance and disturbing the peace laws.

      3.   A written agreement with the City, outlining at a minimum the occupancy load, emergency response, parking standards, and any conditions identified during the permit review related to health, safety or general welfare of the occupants or the public.

   G.   On-Going Operations:

      1.   The owner of the property is responsible for compliance with the provisions of this Code. Any failure to comply by an agent, representative, guest, or local contact person is deemed to be non-compliance by the owner. The owner shall be liable for ensuring occupants and guests do not create unreasonable noise or disturbance, engage in disorderly conduct, or violate provisions of this Code, other local, State, or Federal Codes pertaining to noise, disorderly conduct, or nuisance behavior.

      2.   No commercial activities or uses that would otherwise be prohibited in the applicable zoning district or that would require approval of a special use permit shall be permitted with the operation of the short-term rental, including the use of the dwelling for residential lodging, as defined.

   H.   Violations: It shall be unlawful for any person, agent, or entity to offer for rent or rent a short-term rental without first obtaining a zoning permit from the City. Any violation of this section is subject to the penalties of section 12-2-4 of this title. (Ord. 151, 8-17-2017; amd. Ord. 177, 4-14-2022)

   A.   Purpose: The purpose of this section is to provide standards and a process for permitting the use of land for private and public parks and recreational facilities to:

      1.   Protect property rights of landowners and the integrity of residential neighborhoods;

      2.   Ensure public health, safety and welfare;

      3.   Address impacts associated with parks and recreation uses and establish mitigation measures where warranted.

   B.   Applicability And General Requirements: The standards of this section shall apply to all public and private parks and recreational facilities, except as otherwise provided by this title.

   C.   The standards of this section do not apply to swimming pools, tennis or sports courts, or similar facilities developed as accessory uses to an individual residence or multi-unit residential development and are not open to the public.

   D.   Low-Intensity Park And Recreation Facilities: Low-intensity parks and recreational facilities, as defined, are subject to the following standards:

      1.   The use is included in the low-intensity parks and recreation facilities definition or is similarly classified.

      2.   The use is subject to the site plan administrative review procedures of section 12-3-19.

      3.   Use of the facility is limited to daylight hours only.

      4.   The parking lot serving the use shall not exceed twenty (20) spaces, based upon the parking standards of Appendix A of this title.

      5.   Overnight parking is prohibited.

      6.   Use of motorized vehicles is prohibited, except for access to the site's parking area, facility maintenance vehicles, or motorized wheelchairs or similar power-driven vehicles for use by individuals with mobility disabilities.

      7.   Development or minor modifications to the land may include shaping and grading of areas for pathways, placement of small accessory structures, or construction of berms and buffer areas. Minor modifications to the land shall generally mean land-disturbing activities not exceeding five thousand (5,000) square feet of area, new impervious surface not exceeding one thousand (1,000) square feet and fill or excavation not exceeding fifty (50) cubic yards.

      8.   Development is subject to the stormwater provisions of Title 9, Chapter 4 of city code.

      9.   Uses exceeding the low-intensity standards shall be considered high-intensity and are subject to the standards of subsection E of this section.

      10.   Lighting of the site shall be limited to necessary illumination for emergency access, street intersections, or similar lighting required by the city.

      11.   Noise produced by the activities or participants shall not be loud, excessive, or disruptive sounds produced by voices, instruments, electronic devices, machinery, animals, or other means that disturb the peace and quiet of any reasonable person of normal sensitivities. To be considered loud, the sound must be plainly audible one hundred fifty feet (150') from the source.

      12.   No retail sales are permitted on site except when allowed with a special event permit.

      13.   The zoning administrator has the authority to classify the uses as low- or high-intensity based upon similar uses contained in the definitions of this title and the procedures for determination of new and unlisted uses at section 12-6-2 of this title.

   E.   High-Intensity Parks And Recreation Facilities: High-intensity parks and recreational facilities, as defined, are subject to the following standards:

      1.   The use is included in the high-intensity parks and recreation facilities definition or is similarly classified.

      2.   The use is subject to the special use permit application and procedures of Chapter 12-10 of this title.

      3.   The use is subject to the conditions of approval to mitigate potential effects on adjoining properties.

   F.   Prohibited Parks And Recreational Facilities: Mud bogs, moto-cross, motorized racetracks and courses, or other similarly classified uses.

(Ord. 180, 11-15-2022)

   A.   Purpose: The purpose of this section is to provide standards and a process for the consideration of applications for wireless telecommunication facilities to:

      1.   Protect property rights and property values;

      2.   Protect public health, safety, and welfare by regulating the siting of wireless telecommunication facilities;

      3.   Establish adequate safety standards for the placement and use of telecommunication facilities.

      4.   Address visual impacts upon the City, located along the designated Panhandle Historic Rivers Passage Scenic Byway and within a unique natural setting;

      5.   Minimize impacts of wireless telecommunication facilities of surrounding properties by setting standards for placement, structure safety, and compatibility with nearby lands;

      6.   Encourage location of facilities on existing structures to reduce visual impact, public safety, and the environment.

   B.   Applicability: The standards of this section shall apply to the development, installation, construction, or modification of Wireless Communication, Telecommunication Facilities (WCF) and including new, replacement, or modified facilities; amateur radio towers; co-location of existing towers or new support cabinets or equipment shelters.

   C.   Exemptions: The following are exempt from this section, unless otherwise specifically addressed:

      1.   Non-commercial amateur radio towers or antennas that are less than fifty feet (50') tall.

      2.   A government-owned tower or emergency beacon placed or required by local, state, or federal agencies.

      3.   Regular maintenance of existing WCF that does not include any additional antenna, equipment or shelter expansion, or other additional equipment.

      4.   A residential or commercial wireless internet or television antenna or dish for sending and receiving signals that is located at its point of use.

   D.   Permitted: Wireless telecommunication towers shall be permitted in all zoning districts, subject to the standards and procedures of this title.

   E.   Permits Required: The following permits shall be required for the development, installation, construction, or modification of WCF, including new, replacement, modifications, or co-location of facilities and new or expanded support cabinets or equipment shelters:

      1.   Where permitted by the zoning district, special use permits are required for all new, expanded, or modified facilities, except as provided in subsection 12-7-6 E.2. Any proposed co-location facility that does not meet the criteria for an administrative permit shall require a special use permit.

      2.   Administrative zoning permits are required for all proposed co-location facilities. To be eligible for the administrative permit, the proposed co-location facility shall:

         a.   Be proposed for an existing, lawfully permitted structure or a legal, non-conforming facility;

         b.   Not extend beyond the height of the existing support structure;

         c.   Not expand the existing lease or property boundaries for the facility;

         d.   Not expand the equipment shelter or equipment cabinets.

      3.   Administrative encroachment permits shall be required for all facilities, where permitted, that are proposed within the public right-of-way.

   F.   Applications: An application for a facility governed by this section shall be completed on a form provided by the City for the type of application listed in Section 12-7-6 E. The application and fee established by the official fee schedule shall be submitted to the city clerk. The application shall contain the minimum requirements for the applicable special use permit or administrative applications, in addition to the following:

      1.   Detailed construction drawings showing the proposed facility and support structures, including structure footprint and height, antenna and antenna array placement, and dimensions.

      2.   A structural report performed by an Idaho-licensed engineer certifying the pole, tower, or other structure can support the proposed facility in accord with applicable codes and standard engineering practices.

      3.   Visual depictions, photographs, or representations of the proposed facility from multiple vantage points showing pre- and post-construction views, detailing any buffering, camouflage, paint colors, vegetation, or other measures to screen the facility. Include proof that the facility will be configured and located in a manner that shall minimize adverse effects including visual impacts on adjacent properties.

      4.   Evidence, prepared by a radio frequency engineer and reviewed by an independent radio frequency engineer at the applicant’s expense, demonstrating the need for the proposed facility and proof that no other existing WCF can meet the need. The applicant shall demonstrate through a narrative and graphic depiction that a significant service gap in service exists and that alternative locations, configurations, and facility types have been examined and the results of those findings. The application shall include a map of wireless service coverage or lack thereof for the vicinity and the effect of the proposed facility on that coverage.

      5.   A report prepared by an Idaho-licensed engineer confirming compliance with FCC standards for emissions as set forth in the current Code of Federal Regulations. The report shall demonstrate the proposed facility will not exceed the maximum permissible exposure level to the general public and will remain in compliance with FCC standards.

      6.   Any additional information deemed necessary by the zoning administrator for a thorough review of the proposed development.

      7.   A report confirming compliance with the National Environmental Policy Act for the proposed facility.

   G.   Design Standards: Wireless Communication, Telecommunication Facilities are subject to the following minimum standards:

      1.   Security fencing: An opaque fence or masonry wall no taller than seven feet (7') tall from finished grade shall be provided around the perimeter of all development areas for ground-mounted wireless communication facilities and support facilities. If a fence will enclose the site, the fence shall be constructed of wire mesh, metal picket, or an alternative material approved by the zoning administrator. Access to the development area shall be through a locked gate.

      2.   Tower height: Towers shall be designed and constructed to a Minimum Functional Height. Applicants shall submit documentation justifying the total height. The applicant shall demonstrate that the facility is the minimum height necessary in order for the facility to meet its intended function in the applicant’s system and to provide reliable service. This shall be done through the testimony of a radio frequency design engineer, provided at the expense of the applicant.

      3.   Setbacks: The base of a tower shall not be any closer to any property line than the distance equal to the tower height but not less than one hundred feet (100'), as measured from the base to the topmost component of the tower.

      4.   Landscaping/buffering: Landscaping and buffering shall be required around the perimeter of development areas, unless waived by the City as part of the permitting process due to existing buffering features, such as berms, walls, or other buffers. Existing vegetation may be used to meet landscaping requirements, subject to approval by the decision makers for the respective permit. Landscaping shall be designed in accord with the buffering and landscaping requirements of this title and placed in a manner so as to minimize the views of the WCF from residential areas.

      5.   Visibility: Antennas and related service equipment mounted on a service tower shall be mounted as close to the tower as possible. All antennas, antenna arrays, transmission lines, equipment enclosures or other ancillary equipment for WCF that are located on existing structures in order to conceal them, such as flagpoles, light standards, church steeples, bell towers, clock towers, or similar facilities, shall not be positioned in such a way that they are readily identifiable from the public domain as wireless communication, telecommunication equipment. Design for the proposed concealment shall be included in the permit application.

      6.   Camouflage: In order to protect the scenic qualities of the community, the provider is required to provide a design and install features to conceal the facility that are compatible with the existing structure or surrounding natural terrain. To meet this design standard, there shall be as little contrast as possible between the communications equipment and the structure or natural terrain. A determination of appropriate concealment design shall be based on the proposed location and environment, as determined by the governing body or zoning administrator who is charged with permit approval. If the provider proposes the use of artificial trees or vegetation, they shall approximate the features of trees native to Bonner County. The artificial vegetation shall provide sufficient branching, foliage and height to conceal antenna, panels, and any other tower equipment and shall be colored to simulate the native vegetation. Artificial branches shall be applied to the tower in a multi-dimensional pyramid shape pattern to the top of the tower, with branches and foliage material in variable length, width and depth sufficient to obscure physical view of the tower, antenna elements and brackets. As an alternative to the constructed camouflage features, the provider may propose to use existing tree cover to conceal the tower, and shall demonstrate to the satisfaction of the decision makers that the vegetative coverage is sufficient to conceal the tower. Provisions to retain the vegetation or replace it in the event of loss shall be included in the design plans.

      7.   Lighting: Towers shall be illuminated only when required and in accordance with Federal Aviation Administration requirements to provide aircraft obstruction lighting. All other on-site lighting required for security or emergency purposes shall be in accordance with local fire district and City standards.

      8.   Rights-of-way: Towers, ground-mounted equipment and equipment shelters shall not be located within the public right-of-way unless granted by the City through an approved encroachment permit.

   H.   Procedures: The process for consideration of the WCF permit, as provided in this subsection, shall be in accord with the following:

      1.   Special Use Permits. Those facilities requiring special use permits are subject to the procedures of Chapter 10 of this title. In addition to the conditions and standards of Chapter 10, the governing body shall also determine whether the proposal is in compliance with standards of this subsection.

      2.   Administrative Zoning Permits. Those facilities requiring an administrative zoning permit are subject to the procedures of section 12-3-19 of city code. The noticing requirements of section 12-3-19 D. shall not apply.

      3.   Encroachment permits. Those facilities proposed for location within the public rights-of-way are subject to the procedures of title 7, chapter 1 of city code.

   I.   Conditions of Approval: In addition to the conditions that may be imposed by the respective type of permit, the governing body may impose conditions, including, but not limited to the following:

      1.   Proof of the FAA compliance form, where applicable.

      2.   Modifications to size or setbacks to fit particular sites or situations.

      3.   Secure access to the site.

      4.   Adjustments to limit obstructions of view or compatibility to surroundings.

   J.   Abandonment: Any WCF that has been damaged, destroyed, or ceases to be used for communication purposes for a period exceeding one year shall be considered abandoned and deemed a nuisance. Upon abandonment of a WCF, the landowner shall remove the facility with all supporting equipment, apparatus, and foundation. If the landowner fails to remove the abandoned structure, the City is authorized to seek civil or criminal remedies as provided by this code to obtain abatement.

   K.   Prohibited Uses: WCF shall not be used for signage, symbols, flags, banners or other devices or objects attached to or painted or inscribed upon any communication facility for the purposes of displaying a message of any kind, except as required by a governmental agency.

(Ord. 184, 7-10-2023)