To accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the council finds that regulations regarding personal wireless facilities, spires, poles, antennas, steeples, towers, and other such structures are necessary in order to:

   A.   Facilitate the provision of telecommunication services, broadcast services and such other modes of electronic communication to the residents and businesses of the city;

   B.   Minimize adverse visual effects of spires, poles, antennas, steeples, towers, and other such structures through careful design and siting standards;

   C.   Avoid potential damage to adjacent properties from spire, pole, antenna, steeple, tower, and other such structures' failure, through structural standards and setback requirements; and

   D.   Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community. (Ord. 468, 9-13-2000)

   A.   Amateur Radio Antennas: On residentially zoned parcels, towers supporting amateur radio antennas shall not be permitted in the front, side or corner side yard.

   B.   Personal Wireless Facilities: Personal wireless facilities shall be prohibited in all residential (R) zones. (Ord. 468, 9-13-2000)

   A.   Towers In Excess Of Thirty Five Feet: A proposal for a new commercial wireless telecommunication service tower in excess of thirty five feet (35') in height shall not be approved unless the city council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within the following radii of the proposed tower:

      1.   A two (2) mile radius for towers with a height over one hundred ten feet (110').

      2.   A one mile radius for towers with a height over eighty feet (80') but not more than one hundred ten feet (110').

      3.   A one-half (1/2) mile radius for towers with a height over fifty feet (50') but not more than eighty feet (80').

      4.   A one-quarter (1/4) mile radius for towers with a height over thirty five feet (35') but not more than fifty feet (50').

   B.   Burden Of Applicant To Demonstrate: It shall be the burden of the applicant to demonstrate that the proposed tower or antenna cannot be accommodated on an approved tower or building within the required search radius due to one or more of the following reasons:

      1.   Unwillingness of another tower or facility owner to entertain shared use.

      2.   The proposed colocation of an existing tower or facility would be in violation of any local, state or federal law.

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

      4.   The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost.

      5.   Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably, as documented by a qualified and licensed professional engineer.

      6.   Other unforeseen reasons that make it unfeasible to locate the planned telecommunications equipment upon an existing or approved tower or building, as documented by a qualified and licensed professional engineer or other professional qualified to provide necessary documentation.

   C.   Design: Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two (2) additional users if the tower is over one hundred ten feet (110') in height, for at least one additional user if the tower is over fifty feet (50') in height.

   D.   Future Rearrangement: Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.

   E.   No Additional Permit Required: Personal wireless facilities proposed at a location which has an approved conditional use permit (approved after the effective date hereof) for an existing facility which was required to allow colocation, shall not be required to obtain a separate conditional use permit as long as all the requirements of the previously approved conditional use permit will be complied with. Design review, and subsequent building permit, will be required for any such proposal. (Ord. 468, 9-13-2000)

   A.   Design Approval Required: All personal wireless facilities shall be required to obtain design approval by the city council prior to construction.

   B.   Surrounding Environment: Towers and antennas shall be required to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the federal aviation administration.

   C.   Monopole Design: Personal wireless facility towers shall be of a monopole design unless the city council determines that an alternative design would better blend into the surrounding environment.

   D.   Crossing Over Public Street, Highway, Sidewalk Or Property Line: With the exception of necessary electric and telephone service and connection lines approved by the issuing authority, no part of any antenna or tower nor any lines, cable, equipment or wires or braces in connection with either shall at any time extend across or over any part of the right of way, public street, highway, sidewalk, or property line.

   E.   Discourage Climbing Of Tower: Every tower affixed to the ground shall be protected to discourage climbing of the tower by unauthorized persons. Such protection shall include six foot (6') high chainlink fencing with barbed wire affixed to the top. The climbing pegs within the bottom twenty feet (20') of the tower shall be removed and shall only be used when the tower is being serviced.

   F.   Metal Towers: Metal towers shall be constructed of, or treated with, corrosive resistant material.

   G.   Wood Poles: Wood poles shall be impregnated with rot resistant substances. (Ord. 468, 9-13-2000)

   A.   Exception To District Regulations: Towers shall meet the setbacks of the underlying zoning district, with the exception of industrial zoning districts, where towers may encroach into the rear setback area; provided, that the rear property line abuts another industrially zoned property, and the tower does not encroach upon any easements.

   B.   Height Limitations: If the tower does not exceed the height limitations of the zone in which it is located, the tower shall meet the setback requirement of the zone except as allowed in subsection A of this section. If the tower exceeds the height limit of the zone in which it is located, the tower shall be set back one foot (1') for every ten feet (10') in total tower height. In either case, the tower shall be constructed to the Telecommunications Industry Association/Electronic Industries Association (TIA/EIA) 222 Revision F Standard entitled "Structural Standards for Steel Antenna Supporting Structures" or as hereinafter may be amended. Otherwise, the tower shall be located a minimum of one foot (1') for each foot of height from all property lines (the fall zone). No storage or structures other than the accessory utility buildings, are permitted in the fall zone, except as may be specifically permitted by the city council through a conditional use process.

   C.   Setback From Public Rights Of Way: Towers shall be set back from all existing public right of way lines (or planned right of way lines if additional is to be acquired in the future) by a minimum distance equal to twice the height of the tower including all antennas and attachments. If this requirement conflicts with other setback requirements of this code, the setback with the greater distance shall prevail, except as may be allowed in subsection E of this section.

   D.   Prohibited Location: Towers shall not be located between a principal structure and a public street.

   E.   Reduction In Setback: A tower's setback may be reduced or its location in relation to a public street varied, at the sole discretion of the city council, to allow the integration of a tower into an existing or proposed structure such as a church steeple, light standard, power line support device, or similar structure. (Ord. 468, 9-13-2000)

   A.   Stationary Lights, Strobe Lights, Reflectors, Or Other Illuminating Devices: No antenna or tower shall have affixed or attached to it in any way, except during time of repair or installation, any stationary lights, strobe lights, reflectors, flashers, or other illuminating device, except as specifically required by the federal aviation administration, federal communications commission, or other federal or state authority.

   B.   Approved Light Fixtures: When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower if approved by the city.

   C.   Signs: The use of any portion of a tower for signs, other than warning or equipment information signs, is prohibited.

   D.   Platform, Catwalk, Crow's Nest Or Like Structure: No tower shall have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow's nest, or like structure, except during periods of construction or repair. (Ord. 468, 9-13-2000)

In accordance with the federal communications commission's preemptive ruling PRB 1, towers erected for the primary purpose of supporting amateur radio antennas may exceed thirty feet (30') in height; provided, that a determination is made by the city that the proposed tower height is technically necessary to successfully engage in amateur radio communications. A conditional use permit is required for any amateur radio antenna in excess of thirty five feet (35'). (Ord. 468, 9-13-2000)

All utility buildings and structures accessory to a tower are required to have design approved by the city prior to construction. (Ord. 468, 9-13-2000)

As a condition of approval of any required conditional use permit for personal wireless facilities, all abandoned or unused towers and associated facilities shall be required to be removed within sixty (60) days of cessation of use as a personal wireless facility unless a time extension is granted by the city. A copy of the relevant portions of a signed lease, which requires the applicant to remove the tower and associated facilities upon cessation of the use as a personal wireless facility, shall be submitted at the time of application. In the event that the tower and associated facilities are not removed within the sixty (60) days, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property. (Ord. 468, 9-13-2000)

In addition to the information required elsewhere in this code, development applications for personal wireless facilities, shall include the following supplemental information:

   A.   Documentation Of Compliance: Documentation from a qualified and licensed professional engineer showing that the proposed facility will be in compliance with the FCC standards regarding radio frequency (RF) emissions.

   B.   Engineering Documentation Describing Height And Design: A report from a qualified and licensed professional engineer which describes the tower height and design (including a cross section and elevation); documents the height above grade for all potential mounting positions for collocated antennas and the minimum separation distances between antennas; describes the tower's capacity, including the number and type of antennas that it can accommodate; documents what steps the applicant will take to avoid interference with established public safety telecommunications; includes an engineer's stamp and registration number; and includes other information necessary to evaluate the request.

   C.   Letter Of Intent: For all personal wireless facilities, a letter of intent committing the tower owner and their successors to allow the shared use of the tower, as required by this code, if an additional user agrees, in writing, to meet reasonable terms and conditions for shared use.

   D.   Documentation Showing Compliance With FAA: Documentation showing that the proposed tower complies with regulations administered by federal aviation administration.

   E.   Written Approval: Written approval of the site location with specific reference to the height of the antenna structure and any lighting issues, from the federal aviation administration, the chief of the Idaho bureau of aeronautics, and the Glenns Ferry airport.

   F.   Propagation Charts: 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 in the chosen location.

   G.   Written Analysis: A written analysis demonstrating that the proposed site is the most appropriate site within the immediate area. For the purposes of this subsection, the analysis shall include all properties within the search radii stated above. The analysis shall include, but is not limited to, the following:

      1.   Description of the surrounding area, including topography;

      2.   Natural and manmade impediments that would obstruct adequate cellular telephone transmissions;

      3.   Physical site constraints that would preclude construction of a cellular telephone facility on any other site;

      4.   Technical limitations of the system that limit siting options. (Ord. 468, 9-13-2000)

   A.   Permits Required: It shall be unlawful for any person to erect, construct, reerect, or replace, any tower in excess of thirty five feet (35') without first making application to the city and securing a building permit, a conditional use permit and any other necessary zoning permit.

   B.   Temporary Antennas: A building/zoning permit shall not be required for antennas and/or towers erected temporarily for test purposes, for emergency communication, or for broadcast remote pick up operations. Temporary antennas shall be permitted for a maximum of seventy two (72) hours, unless specifically approved by the city council.

   C.   Additional Findings Imposed: In addition to the findings required and conditions permitted for conditional use permits, as stated within this title, the city council shall make an additional finding concerning the duration of the conditional use permit. Upon finding that the conditional use permit is to be limited in duration, a condition limiting the duration and the basis for such a condition shall be included within the findings of fact and conclusions of law for the conditional use permit. (Ord. 468, 9-13-2000)

All personal wireless facilities requiring a conditional use permit shall comply with the conditional use notice requirements within this code with the following additional requirements:

   A.   Notice To Adjoining Property Owners: All property owners within one thousand feet (1,000') of all property lines of the site (or lease boundary lines, if applicable) shall be notified of the public hearing by the city, by mail, a minimum of fifteen (15) days before the scheduled public hearing. The applicant will be required to provide the names of the property owners to the city.

   B.   Public Notice Signs: Any required public notice signs, to be located on a proposed site, shall be a minimum size of sign face of four feet wide by four feet high (4' x 4'). (Ord. 468, 9-13-2000)

   A.   Towers In Excess Of Thirty Five Feet: Restricted areas for telecommunications towers in excess of thirty five feet (35') in height shall be determined on a case by case basis by the planning and zoning commission and the city council through the conditional use permit process.

   B.   Encouraged To Locate Near City Limit Boundaries: Telecommunications towers shall be encouraged to be located near the boundary of the Glenns Ferry city limits on properties zoned industrial and commercial that do not abut against agricultural, recreational, or residential zones. The zones are shown on the official zoning map in effect at the time of application. (Ord. 468, 9-13-2000)