The purpose of this chapter is to establish regulations for the siting of wireless communications towers and antennas within the incorporated boundaries of the City of Emmett. Wireless facilities are either permitted or special uses in a variety of zoning districts contingent upon the requirements and standards herein.

The goals of this section are to:

A.

Protect residential areas and land uses from potential adverse impacts of towers and antennas;

B.

Encourage the location of towers in nonresidential areas;

C.

Minimize the total number of towers throughout the community;

D.

Provide incentives for the joint use of new and existing tower sites as a primary option rather than construction of additional single use towers;

E.

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

F.

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;

G.

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;

H.

Consider the public health and safety of communication towers; and

I.

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

(Ord. No. O2012-8, 9-11-2012)

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

Antenna means any exterior transmitting or receiving apparatus mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

Antenna height means when referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

Camouflaged means a telecommunication facility that is disguised, hidden, or integrated with the existing environment and trees so as to be significantly screened from view.

Cell site or site means a tract or parcel of land that contains telecommunications facilities, including any antenna, support structure, accessory buildings, and parking, and may include other uses associated with and ancillary to wireless telecommunications service.

Collocation means the use of a telecommunication facility or cell site by more than one wireless telecommunications provider.

Design means the appearance of telecommunications facilities, including such features as their materials, colors, and shape.

Equipment enclosure means a structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communication signals. Associated equipment may include air conditioning, backup power supplies and emergency generators.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Monopole means a support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.

Personal wireless service, personal wireless service facilities and facilities as used in this chapter, shall be defined in the same manner as in title 47, United States Code, section 332(c)(7)(C), as they may be amended now or in the future, and includes facilities for the transmission and reception of radio or microwave signals used for communication, cellular phone, personal communications services, enhanced specialized mobile radio, and other wireless services licensed by the FCC and unlicensed wireless services.

Preexisting towers and preexisting antennas means any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date hereof, including permitted towers or antennas that have not yet been constructed, so long as such approval is current and not expired.

Provider means a corporation, company, association, joint stock company, firm, partnership, sole proprietorship, limited liability company, other entity or individual which provides telecommunications facilities.

SUP means special use permit application, as regulated by chapter 8 of this title.

Security barrier means a wall, fence, or berm that has the purpose of securing a telecommunication facility from unauthorized entry or trespass.

Stealth tower means manmade trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.

Telecommunication facility means a facility, site, or location that contains one or more antennas, telecommunication towers, stealth towers, satellite dish antennas, other similar communication devices, and support equipment which is used for transmitting, receiving, or relaying telecommunications signals.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term encompasses telecommunications facilities including radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers or personal communications services towers, stealth towers, and the like.

(Ord. No. O2012-8, 9-11-2012)

A.

The following regulations shall apply to all cell sites and associated equipment for the purpose of commercial radio, television, telephone, paging, or satellite reception and/or transmission. Standards for private communication towers and antennas are listed in section 9-21-8 of this chapter.

B.

A new commercial telecommunication facility that meets one of the following two standards shall be reviewed as an accessory use and not require a public hearing:

1.

A new accessory antenna located on a preexisting tower or on the ground and does not exceed 12 feet in height.

2.

The tower or antenna structure does not exceed ten feet in height, is accessory to a permitted or existing use, and the proposed facility meets all conditions of the previously approved use.

C.

A new commercial telecommunication facility that is camouflaged or constructed as a stealth tower shall be reviewed as an administrative permit (certificate of zoning compliance) and not require a public hearing. To qualify for administrative review, all standards listed herein applicable to said facility shall be met.

D.

A new commercial telecommunication facility that is not classified under subsection B or C of this section shall be defined as a special use and require a special use permit (SUP) application.

(Ord. No. O2012-8, 9-11-2012)

A.

An SUP must be approved by the Emmett Zoning Commission (or city council on appeal) with a subsequent building permit issued by the building official for construction of all new towers. Notice of the public hearing for SUP applications for new towers shall be sent via first class mail to all property owners within 1,000 feet of the proposed site. Collocation of antennas on a single tower, antennas attached to preexisting structures, routine maintenance or replacement towers that do not exceed the height of an existing tower are permitted uses and not subject to the SUP process.

B.

The facility shall comply with FCC standards regarding radio frequency (RF) emissions.

C.

Where applicable, the facility shall have obtained approval from the FAA and the Idaho Division of Aeronautics prior to operation to determine impacts on aircraft navigation.

D.

The applicant or owner shall be required to obtain all necessary permits, as may be required under federal, state or local statutes, regulations or ordinances including, but not limited to, building permits.

E.

The cell site shall be maintained in compliance with all federal, state and local regulations and the construction standards set forth in this chapter.

F.

All providers shall present a report to the Emmett Zoning Administrator or building official notifying them of any telecommunication facility whose use will be discontinued and the date the use will cease. If at any time the use of the facility is discontinued for 180 days, it may be declared abandoned. (This excludes any dormancy period between construction and the initial use of the facility.) The owner and provider will receive written notice from the administrator or building official and instructed to either reactivate the facility's use within 180 days or dismantle and remove the facility. If reactivation or dismantling does not occur, the city will remove or contract to remove the facility and assess the costs to the owner.

G.

A minimum six-foot tall security barrier shall be provided around the cell site. Any fencing over six feet in height shall require special approval from the Emmett City Council but cannot exceed eight feet in height except through a separate variance application.

H.

The cell site shall be screened on all sides with a minimum five-foot wide landscape buffer that contains at least 80 percent conifer plantings. Trees and shrubs shall be of such a size at the time of planting that within two years at least 60 percent of the vertical surface is closed and prevents the passage of vision through it. Screening is not required for any portion of the cell site that is visible only from an industrial use property. All landscaping shall be maintained in accordance with section 9-17-14 of this title.

I.

Any application for a new private or commercial tower or antenna within 300 feet of the Emmett Historic Central Business District boundary (as defined in the Gem Community Comprehensive Plan) shall be subject to review by the design review board prior to application for an SUP.

J.

No advertising is permitted on the cell site other than equipment identification or other signage mandated by a federal, state or local governing authority.

K.

Evidence of legal access to a landlocked cell site from a public right-of-way shall be provided at the time of application.

L.

Tower construction, setback, and fall zone standards:

1.

Within the Emmett airport influence areas overlay zone (or as otherwise determined by the Idaho Division of Aeronautics), the height limit on the tower or antenna structure shall be as required by the Code of Federal Regulations 14 CFR 77 (safe and efficient use and preservation of the navigable air space).

2.

Towers over 50 feet in height must be designed to allow for future placement of additional antennas upon the tower. Such towers must also be designed to accept antennas mounted at varying heights.

3.

If the tower does not exceed the height limitations of the applicable zone, the tower and any accessory structures shall meet the setback requirements of the zone. If the tower does exceed the height limitation of the applicable zone, the tower setbacks shall be determined by the commission during the course of the SUP public hearing. Equipment enclosures shall be set back at least 15 feet from a front property line and five feet from side and rear property lines.

4.

In addition to the setback requirement noted in subsection L.3 of this section, a fall zone for each tower shall be delineated and permanently restricted from future development, as follows:

a.

The fall zone shall consist of the land area centered beneath the tower and circumscribed by a circle with a radius equal to a length of one foot for every ten feet of tower height. In addition, when a tower is adjacent to any R-1, R-2, R-3, R-4 or mixed urban residential (MUR) zone, the minimum fall zone shall be no less than the tower height plus ten feet to the shared property line.

5.

All new towers shall be monopole construction unless an exception is granted by the city council after a public hearing. Towers shall be architecturally and visually compatible with the existing structures, vegetation, and/or uses in the neighborhood or that is planned to exist in the area under the standards of the applicable zone and/or comprehensive plan designation. Stealth towers may be required to achieve the intent of this section. The zoning commission shall consider, but shall not be limited to, the following factors: similar height, color, bulk, and/or shape, or camouflage techniques to disguise the facility. This shall not preclude towers requiring FAA painting and marking from meeting those standards.

(Ord. No. O2012-8, 9-11-2012)

Application materials shall include:

A.

An application form and checklist as required by the Emmett Planning and Zoning Department with a fee as adopted by resolution of the Emmett City Council.

B.

Suitability analysis of the proposed site. The analysis shall include, but is not limited to, the following:

1.

Description of the surrounding area within one-half-mile of the subject site including topography;

2.

Propagation charts showing existing and proposed transmission coverage at the subject site and within an area large enough to provide an understanding of why the facility needs to be placed at the chosen location.

C.

If applicable, relevant portions of a signed lease agreement that requires the applicant to remove the tower and/or associated facilities upon cessation of use.

D.

A landscaping plan for all screening required under section 9-21-4.H of this chapter that is drawn in compliance with section 9-17-3.B of this title.

E.

A letter of intent committing the facility owner and successors to allow for collocations, as required by this chapter, if additional users agree in writing to meet reasonable terms and conditions for shared use.

F.

A written analysis from the provider demonstrating that the proposed facility cannot be accommodated on a preexisting tower within:

1.

A two-mile radius for towers with a height over 100 feet;

2.

A one mile radius for towers with a height over 80 feet, but not more than 100 feet;

3.

A one-half mile radius for towers with a height over 50 feet, but not more than 80 feet; or

4.

A one-fourth mile radius for towers with a height of 50 feet or less.

G.

It shall be the responsibility of the applicant to demonstrate that the proposed facility cannot be accommodated on an approved tower or structure within the required search radius due to one or more of the following reasons:

1.

Unwillingness of a property owner, or tower or facility owner to allow collocation.

2.

The planned equipment would exceed the structural capacity of the existing tower or structure, as documented by a qualified and licensed professional engineer, and the existing tower or facility structure cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.

3.

The planned equipment would cause radio interference with material impacting the usability of other existing or planned equipment at the tower or structure, and the interference cannot be prevented at a reasonable cost as documented by a qualified and licensed professional engineer or other professional qualified to provide necessary documentation.

4.

Existing or approved towers or other structures within the search radius cannot accommodate the planned equipment at a height necessary to be commercially functional as documented by a qualified and licensed professional engineer or other professional qualified to provide necessary documentation.

5.

The proposed collocation with an existing tower or structure would be in violation of local, state or federal law.

6.

Any other unforeseen reasons that make it unfeasible to collocate upon an existing or approved tower or structure as documented by a qualified and licensed professional engineer.

(Ord. No. O2012-8, 9-11-2012)

Wireless telecommunication facilities proposed within the commercial (C), industrial (I), or public (P) zoning districts are subject to the following standards:

A.

Minimum lot size. The minimum lot size shall be the minimum area needed to accommodate the telecommunication facility use plus the area needed to comply with all screening and landscape requirements of this chapter.

B.

Maximum height. The maximum tower height shall be 100 feet unless an exception is granted by the city council after a public hearing. The maximum equipment enclosure height shall be 15 feet.

C.

Permitted on property with existing use. A wireless telecommunication facility is permitted on a property with an existing use. The existing use on the property may be any permitted use in the district or any legal nonconforming use and need not be affiliated with the provider.

(Ord. No. O2012-8, 9-11-2012)

Wireless telecommunication towers are not permitted in the R-1, R-2, R-3, R-4 or mixed urban residential zoning district with the exception of a property with an institutional or public use (e.g., church, school, utility, government building). However, antennas attached to existing buildings or structures are permitted with an SUP. In applying for a permit in any of these zones for an antenna, the applicant must present substantial evidence as to why it is not technically feasible to locate in a nonresidential zone. The evidence used shall be provided in accordance with section 9-21-5.G of this chapter. Once those efforts have been exhausted, a telecommunication antenna may be located in a residential zone subject to the following standards:

A.

The antenna shall be fully automated and attended only for necessary maintenance.

B.

When attached to a building that is a permitted use in the zoning district, the following conditions shall be met:

1.

The maximum height of the antenna above the existing building shall be 25 feet.

2.

Any equipment enclosure shall comply with the minimum building setbacks of the underlying zone.

3.

The maximum size of the equipment enclosure shall be 350 square feet.

4.

Vehicular access to the antenna and/or enclosure shall not cause any interference with the parking or vehicular circulation for the principal use.

5.

If applicable, evidence that the antenna is in compliance with any applicable covenants, conditions and restrictions must be submitted with the application.

(Ord. No. O2012-8, 9-11-2012)

A.

The following regulations shall apply to towers and/or antennas for the purpose of private radio, television, or satellite reception and antennas for amateur radio. Said private facilities shall only require an administrative accessory use permit issued by the zoning administrator or building official.

1.

Amateur radio station operators/receive only antennas. This chapter shall not govern any tower, or the installation of any antenna, that is 35 feet or less in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas.

2.

The telecommunication facility shall not be located in any required yard or on any publicly dedicated easement.

3.

Accessory structures in a residential base zone shall be architecturally compatible (as defined in section 9-21-4.L.5 of this chapter) with the principal permitted dwelling.

4.

The telecommunication facility is only for private, not commercial, use.

5.

The telecommunication facility is accessory to a permitted principal use on the same property.

(Ord. No. O2012-8, 9-11-2012)