The following requirements shall apply in all districts:

   A.   Obstruction Of View: No fence may be located, constructed or maintained in such a way as to obstruct the view of intersections by motorists and pedestrians.

   B.   Barbed Wire, Electric Fences: No barbed wire or other sharp pointed metal fence and no electrically charged fence shall be permitted, unless after consideration, the commission makes a determination that such materials are necessary for security purposes.

   C.   Permit Required: A fence permit, issued by the community development department, shall be required for all fences in all districts.

   D.   Exceptions: Fence permits are not required for maintenance and repairs to existing fences that do not change the location, height, material or structure of the fence. (Ord. 1191, 2015)

The following provisions shall apply in addition to those specified in section 17.08A.010.01 of this article:

   A.   Height: Except as otherwise provided, fences in the LR, GR, LB and TN districts shall not exceed four feet (4') in height when located within the required front yard setback and six feet (6') when located within the required side and rear yard setbacks. Fences in the LI, TI, SCI-SO and B districts shall not exceed six feet (6') in height and fences in the SCI-I district or for public uses or public utility facilities in all zoning districts, shall not exceed eight feet (8') in height. Fences located within a vision triangle with two (2) sides each twenty feet (20') in length measured along a property line and an intersection shall not exceed three feet (3') in height. Refer to illustration below:

  

   B.   Yard, Landscape Features: Arbors, trellises, entry arches and similar yard or landscape features may be permitted within a required yard setback, provided they are not more than eight feet (8') high, five feet (5') wide and three feet (3') deep.

   C.   Multiple Features: Multiple features, excluding landscaping, shall not be placed in a linear fashion for the purpose of creating a fencelike barrier.

   D.   Chainlink: Chainlink material is prohibited except for public uses or public utility facilities with an approved conditional use permit.

   E.   Fence Height: For the purpose of applying the above height standards, the average height of the fence along any unbroken run may be used, provided the height at any point is not more than ten percent (10%) greater than the maximum height. (Ord. 1191, 2015)

The purpose of this section is to establish standards for the fabrication, erection and use of signs, symbols, markings, and advertising devices within the city. These standards are enacted to:

   A.   Protect the public health, safety and welfare of persons within the community.

   B.   Aid in the development and promotion of business and industry.

   C.   Encourage aesthetic creativity, effectiveness and flexibility in the design of such devices without creating detriment to the general public.

   D.   Reduce hazardous situations, confusion and visual clutter caused by proliferation, improper placement or illumination, and/or bulk of signs which compete for the attention of pedestrian and vehicular traffic.

 

  

(Ord. 1191, 2015)

Words and phrases used in this section 17.08A.020 shall have the meanings set forth in this section and in chapter 17.02 of this title. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise:

ALTER: The change or alteration of a sign structure or design, whether by extension, enlargement, or in moving from one location or position to another.

ANIMATED SIGN: Any sign or part of a sign that changes physical position in any way, or that uses movement or change of lighting to depict action or create a special effect or scene or the illusion of movement.

ART: All visual forms conceived of any medium, material, or combinations thereof, including, but not limited to, a drawing, painting, sculpture, mosaic or photograph, subject to individual aesthetic interpretation.

AWNING SIGN: Any sign attached to or made part of a rooflike structure constructed of canvas, vinyl or similar material placed over a frame and projecting outward from a building providing a protective or decorative covering for doors, windows and other openings.

BUILDING FRONTAGE: The width of a building facing the street to which the front door of the unit is oriented. In the case of units with multiple frontages, frontage shall be determined by taking an average of each frontage.

CHANGEABLE COPY SIGN: A sign or portion thereof with characters, letters or illustrations that can be changed or rearranged by manual means without altering the face of the sign.

COPY: Any graphic, letter, numeral, symbol, insignia, text, sample, model, device, or combination thereof, which is intended to advertise, identify or notify.

DIRECTORY SIGN: A sign that is attached flat against the facade and is oriented toward pedestrians and used for buildings with multiple units that do not each have a street level entrance and are accessed through a shared entrance or lobby.

ELECTRONIC MESSAGE DISPLAY (EMD) SIGN: A sign or portion thereof using backlighting or internal lighting capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means. An electronic message display sign may also be known as an electronic message center.

FLAG: Any fabric banner or bunting containing distinctive colors, patterns or symbols used as a symbol of a government or political subdivision.

FREESTANDING SIGN: Any sign erected on a freestanding frame, platform, base, mast or pole(s) and not structurally attached to any building.

MARQUEE SIGN: Any sign attached to or made part of any permanent rooflike structure projecting beyond a building, generally designed and constructed to provide protection from the weather.

MASTER SIGN PLAN: A plan which establishes the size, design, location and tenant designation for all exterior signs associated with a multi-unit or multi-building development.

NONCONFORMING SIGN: Any sign which was lawfully erected and maintained prior to the effective date of this section 17.08A.020, and which fails to comply to any applicable regulations and restrictions herein.

PENNANT: Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended and designed to move in the wind.

PORTABLE SIGN: Any sign not permanently attached to the ground or to a building, and designed to be easily relocated. Also referred to as a sandwich board sign.

PROJECTING SIGN: Any sign affixed to a building, wall, colonnade or awning in such a manner that it extends perpendicular beyond the surface of the same.

ROOF SIGN: A sign affixed on, above or over the roof of a building so that any portion of the sign projects above the roofline.

SIGN: Every advertising message, announcement, declaration, demonstration, display, illustration, insignia, surface or space erected or maintained in view of the observer thereof for identification, advertisement or promotion of the interest of any person, entity, product or service. The definition of sign shall also include the sign structure, supports, lighting system and any attachments, ornaments or other features used to draw the attention of others.

TEMPORARY SIGN: A sign not permanently embedded in the ground or a sign not permanently affixed to a building or sign structure and which cannot be relocated without removing poles from the ground or dismantling the sign from a building or sign structure. A temporary sign is intended to display either commercial or noncommercial messages of a transitory or temporary nature. A temporary sign is not considered a portable sign.

UNIT: A space that is owned, leased or rented within a building.

WALL SIGN: Any sign attached parallel to a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall.

WINDOW SIGN: A sign affixed or directly adjacent to the surface of a window with its message intended to be visible to the exterior environment.

(Ord. 1191, 2015)

No person shall erect, alter or relocate any sign within the city without first obtaining a sign permit from the city, unless the sign is exempt under section 17.08A.020.05 of this article. Any person who fails to obtain a permit before hanging, posting or installing a sign which requires a permit under section 17.08A.020.04 of this article shall be in violation of this section. (Ord. 1191, 2015)

   A.   Application: Applications for permits for signs shall include the following:

      1.   A site plan which specifies the linear footage of building frontage, if applicable, the location of the sign structure, and if the sign is to be mounted on the building, drawings which show the scale of the sign in context with the scale of the building.

      2.   A colored rendering and scaled drawing including:

         a.   Color samples;

         b.   Dimensions of all sign faces;

         c.   Descriptions of materials to be used;

         d.   Manner of construction;

         e.   Method of attachment; and

         f.   If a master sign plan is required, the unit designation of each sign or the maximum square footage available to each unit.

      3.   A copy of a state of Idaho electrical installation permit for any internally lighted or neon sign.

      4.   A sign permit application on the form provided by the city.

      5.   Appropriate fees as established by separate ordinance of the Hailey city council.

      6.   Multiple signs may be permitted on one sign permit application, subject to one sign permit fee, provided the application includes all information relevant to all signs being proposed at that time.

      7.   The tenant(s) or owner(s) of an individual unit within a multi-unit building with an approved master sign plan, prior to displaying any sign on the exterior of a building, shall submit a sign permit application, which conforms to the master sign plan. If no master sign plan exists, the owner of a multi-unit building shall submit a master sign plan which is subject to one sign permit fee.

      8.   Any sign permit application for a portable sign to be placed within the public right of way shall include an additional inspection fee as set forth by separate ordinance.

      9.   Sign permits for portable signs in the public right of way shall also be subject to an annual application renewal and inspection permit, for which a fee shall be charged as set forth by separate ordinance.

   B.   Master Sign Plan: A complete master sign plan must be submitted at the time of design review application for a multi-unit or mixed use building.

      1.   The master sign plan must conform to all applicable subsections of this section 17.08A.020 and is subject to the same application, permitting and fee requirements.

      2.   Approval of a master sign plan is required to be in the form of an agreement between the city and the owner of the building specifying that lease agreements will include compliance with the agreed upon sign size and location. In the case of condominium units, the condominium declaration shall include provisions to ensure compliance with the master plan.

   C.   Review; Decision; Appeal: Complete sign permit applications will be reviewed by the planning staff, subject to the approval of the administrator, and either approved, denied or returned with requested modifications. Any aggrieved applicant has the right to appeal a decision in accordance with section 17.03.050 of this title. (Ord. 1191, 2015)

The following signs shall not be subject to the permit process as defined by section 17.08A.020.04 of this article and are not included in the total aggregate sign area as defined in subsection 17.08A.020.07C of this article, provided the signs are not prohibited:

   A.   Flags, symbols or insignias either historic or official of any state or nation, providing the flag is no larger than sixty (60) square feet and is flown from a pole the top of which is no higher than forty feet (40') from natural grade.

   B.   Flags, symbols or insignias either historic or official of any state or nation located on property owned or leased by a local, state or federal governmental entity, providing:

      1.   The area of the flag is no larger than ninety six (96) square feet;

      2.   The top of the pole is no higher than forty five feet (45') from natural grade;

      3.   The pole is located within twenty feet (20') of a building that is at least thirty feet (30') in height;

      4.   The proponent/applicant must submit documentation that the pole, flag and any proposed lighting will not adversely impact Friedman Memorial Airport fly zones, which may include preparation of a federal aviation administration air or space study.

   C.   Signs posted by a government entity.

   D.   Two (2) temporary signs per building or if a multi-unit building one per unit.

   E.   Signs with areas of four (4) square feet or less.

   F.   Merchandise displayed in windows that does not involve copy.

   G.   Pennants and windsocks, which in no way identify or advertise a person, product, service or business.

   H.   Any sign inside a building not visible from the exterior of the building.

   I.   Art located on private property which in no way identify or advertise a person, product, service or business.

   J.   Historic signs designated by the Hailey city council as having historical significance to the city or replicas of historic signs as approved by the Hailey city council.

   K.   Building identification signs which identify the name of the building only. These signs are separate from signs which identify, advertise or promote any person, entity, product or service.

   L.   Signs on licensed and registered vehicles that are used for normal day to day operations of a business, regardless of whether the business is located within Hailey.

   M.   Window signs. (Ord. 1192, 1-11-2016)

No person shall erect, maintain, or relocate any of the following signs within the city:

   A.   Signs creating traffic hazards. A sign at or near any public streets, or at the intersection of any public streets, situated in such a manner as to create a traffic hazard by obstructing vision. Additionally, any sign at any location which would interfere with, obstruct the view of, or be confused with any authorized traffic sign.

   B.   Any sign which, due to structural weakness, design defect or other reason, constitutes a threat to the health, safety and welfare of any person or property.

   C.   Any sign which contains an intermittent light source, or which includes the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source.

   D.   Roof signs, except mansard roof signs; provided, that the highest portion of any sign attached to a mansard roof is no more than two-thirds (2/3) the height of the mansard roof to which it is attached.

   E.   Animated signs.

   F.   Any pennant, propeller or similar device which is designed to display movement under the influence of the wind and which contains a message, announcement, declaration, demonstration, display, illustration or insignia used for promotion or advertisement of a person, product, service or business.

   G.   Any sign attached to or displayed on outdoor furniture.

   H.   Any sign mounted on wheels.

   I.   Any inflatable object used for promotional or sign purposes, excluding standard size balloons.

   J.   Signs advertising a business that is located outside of the corporate limits of Hailey.

   K.   Signs using "day-glo", fluorescent or brilliant luminescent colored or neon lit backgrounds.

   L.   Reflective colored material that gives the appearance of changing color.

   M.   Any sign covering or obscuring windows, doors, storefronts, building entrances, eaves, cornices, columns, horizontal expression lines, or other architectural elements or details.

   N.   Electronic message display (EMD) signs. (Ord. 1191, 2015)

   A.   General Guidelines: The following are suggested ways to increase the effectiveness of signs placed within the city:

      1.   Projecting signs are preferred over portable or sandwich board signs. Projecting signs generally are more effective for increasing visibility to both pedestrians and motorists.

      2.   Sign materials and colors should complement the building facade. Basic and simple color applications are encouraged.

      3.   The color of letters and symbols should contrast with the base or background color of the sign to maximize readability.

      4.   In multi-unit buildings, a directory sign with the names and suite numbers of all units without individual street level entrances are encouraged to be provided at the shared entrance to those units.

   B.   Lighting Standards:

      1.   All internally and externally lighted signs shall comply with lighting standards as set forth in article C of this chapter.

      2.   A sign lit by an external light source shall specifically illuminate the sign.

      3.   Signs using backlighting or internal lighting shall only illuminate the copy portion of the signs. All other areas, including background, shall be constructed, treated and colored in a manner which makes those areas opaque.

      4.   A maximum of two (2) neon signs per unit or building shall be allowed, regardless of whether the sign requires a permit.

      5.   Lighting standards chart:

   EXTERNALLY ILLUMINATED SIGN (ALLOWED)

 

  

   INTERNALLY ILLUMINATED SIGN WHERE THE BACKGROUND

   IS ILLUMINATED (PROHIBITED)

 

   INTERNAL ILLUMINATION OF SYMBOLS AND LETTERS

   BUT NOT THE SIGN BACKGROUND (ALLOWED)

   BACKLIGHTING BEHIND INDIVIDUALLY MOUNTED LETTERS (ALLOWED)

 

   C.   Area Standards:

      1.   Except as otherwise provided herein, the total sign area permitted for any building shall not exceed a total of two (2) square feet of sign area per linear foot of building frontage.

         a.   A building with only one unit that meets or exceeds seventy five feet (75') of linear building frontage shall not exceed one hundred fifty (150) square feet of total sign area.

         b.   The total sign area permitted for a multi-unit building shall be determined by the master sign plan.

      2.   Signs on vacant properties are subject to subsection E3 of this section, and are allowed only one sign per lot.

      3.   The total aggregate area of all signs for any building shall not exceed the total sign area permitted. All sign faces displayed that are over four (4) square feet shall be included in determining the total aggregate sign area for a building.

      4.   The area of a sign shall be computed using all faces of a sign within a perimeter which forms the outside shape, excluding any necessary supports upon which the sign may be placed. Where a sign consists of more than one face, section or module, all areas shall be totaled.

   SIGN AREA COMPUTATIONAL METHODOLOGY EXAMPLES

      5.   Internally lighted signs shall not exceed a total of seventy five (75) square feet for any building.

      6.   The size standards in subsection E of this section shall apply and control the total sign area permitted for each type of sign.

   D.   Sign Standards For Multi-Unit Buildings:

      1.   All units with an individual street level entrance are allowed up to two (2) signs, with no more than one sign on any one building facade.

      2.   Each street level interior units without an individual street level entrance and each unit located above the ground floor shall be limited to one sign.

      3.   The location and placement of all exterior signs for all units within a multi-unit building shall be determined and shall be consistent with the design, scale and proportion of the building and shall be mounted accordingly.

      4.   The sign area available for any business within a multi- tenant or mixed use building shall be limited to the amount allocated to the unit the business occupies in the approved master sign plan.

      5.   The master sign plan shall consider the number of units, the building facade area and configuration, existing sign area if applicable and should reasonably provide signage for each unit.

      6.   The size standards in subsection E of this section shall apply and control the total sign area permitted for each type of sign.

   E.   Standards For Categories Of Signs:

      1.   Awning And Marquee Signs:

         a.   The copy area is limited to the valances of the awnings.

         b.   Shall not project more than six feet (6') from the building wall and shall provide at least eight feet (8') of vertical clearance when projecting over a pedestrian accessway, measured from the ground to the lowest part of the supports for the awning or marquee sign.

      2.   Freestanding Signs:

         a.   The height shall not be greater than twelve feet (12'), measured from natural grade to the top of the sign.

         b.   Shall provide eight feet (8') of ground clearance if projecting over the public right of way.

         c.   There shall be only one freestanding sign per building.

         d.   Freestanding signs aligned perpendicular to the adjacent public right of way are allowed a maximum sign area of forty eight (48) square feet, or twenty four (24) square feet per side. Those aligned parallel to the adjacent public right of way are allowed a maximum sign area of twenty four (24) square feet.

         e.   Shall not extend, at any point, more than four feet (4') into the public right of way.

 

      3.   Portable Signs:

         a.   Any portable sign is limited to two (2) sign faces or two (2) sides per portable sign.

         b.   Maximum area allowed is six (6) square feet per side, and limited to three feet (3') in height. If there are supporting legs on a portable sign frame, they may be up to six inches (6") in height.

         c.   One portable sign is permitted per unit.

         d.   Portable signs shall be weighted or anchored in some manner to prevent them from being moved or blown over by the wind.

         e.   Portable signs shall not be located so as to obstruct pedestrian or vehicular traffic, or obstruct sightlines at intersections.

         f.   No more than two (2) portable signs placed in the public right of way shall be permitted per corner.

         g.   Portable signs must be located in a manner that maintains thirty six inches (36") of clear width along all public rights of way.

         h.   All portable signs must only describe Hailey businesses or events.

      4.   Projecting Signs:

         a.   Projecting signs may be placed on a building or underneath an approved canopy, awning or colonnade, but may not extend, at any point, more than four feet (4') from the surface to which it is attached.

         b.   Signs must have at least eight feet (8') of vertical clearance when projecting over a pedestrian accessway, measured from natural grade to the bottom of the sign.

         c.   No part of the sign may extend higher than the lowest portion of a flat roof, the top of a parapet wall, the vertical portion of a mansard roof, the eave line or fascia of a gable, gambrel or hipped roof.

         d.   Any portion of a projecting sign shall be located below the bottom of any second floor window of a multi-unit building.

 

      5.   Wall Signs:

         a.   Wall signs may be placed on a structure, provided they do not exceed a total of ten percent (10%) of the facade to which they are attached.

         b.   No part of the sign may extend higher than the lowest portion of a flat roof, the top of a parapet wall, the vertical portion of a mansard roof, the eave line or fascia of a gable, gambrel or hipped roof.

      6.   Window Signs: Permanent window signs may be placed in or on any window; provided, that no more than fifty percent (50%) of the total transparent area of the window is obscured.

      7.   Changeable Copy Signs:

         a.   The copy on any changeable copy sign shall not be changed more than three (3) times per day. Changeable copy signs shall be maintained in a legible and serviceable manner.

         b.   The size of any changeable copy sign shall be determined by the applicable size standards specified for an awning and marquee, freestanding, portable, projecting, wall or window sign.

      8.   Temporary Signs:

         a.   A temporary sign shall be displayed for no more than ninety six (96) hours and for no more than four (4) times per year with a minimum of a five (5) day interval between displays of the temporary sign.

         b.   No more than two (2) temporary signs are allowed for any building or for any unit in a multi-unit building at any given time.

         c.   The total square footage of one or more temporary signs shall not exceed thirty six feet (36').

         d.   The square footage of temporary signs is exempted from the total allotted sign square footage allowed for any building or for any unit in a multi-unit building.

         e.   Temporary signs shall not exceed the height of the rooflines of adjacent buildings or structures.

         f.   Temporary signs shall not extend into a street or alley, unless specifically authorized in a sign permit. (Ord. 1191, 2015)

Signs are permitted or nonpermitted in the zoning districts as follows:

A "P" indicates that a sign is permitted in the respective zoning district, provided the sign conforms to the applicable requirements of this title. An "N" indicates that a sign is not allowed in the respective zoning district.

 

(Ord. 1191, 2015)

   A.   Any sign which has been determined to be unsafe by the building official, planning and zoning administrator, public works director, or other designated city employee, or which has been constructed, erected or maintained in violation of this section 17.08A.020 or any approved sign permit, must be repaired, made safe, or made in conformance with this section 17.08A.020, or any approved sign permit or the owner of any such sign will be considered in violation of this section 17.08A.020.

   B.   The city reserves the right to remove any sign placed in, projecting into, or otherwise impacting the public right of way, without notice and at any time, if the sign is not permitted or is determined to be violating this section 17.08A.020 or an approved sign permit in any way. (Ord. 1191, 2015)

   A.   Transfer Prohibited; Exception:

      1.   A nonconforming sign shall not be transferred to a new tenant or occupant of the premises on which the sign is erected and shall be removed at the termination of the tenancy to which it applies.

      2.   Signs existing prior to 1940 shall not be required to comply with subsection A1 of this section.

   B.   Increase In Nonconformity: Any nonconforming sign may not be enlarged, extended, reconstructed, moved or structurally altered so as to increase the degree of nonconformity.

   C.   Repairs: Minor repairs may be done to any portion of a nonconforming sign, provided the repair(s) does not increase the degree of nonconformity.

   D.   Damaged Signs: Any nonconforming sign which has been damaged or destroyed, either by calamity or natural causes, may be repaired, provided the repaired and replaced sign does not increase the degree of nonconformity.

   E.   Nonuse: Any nonconforming sign removed or not displayed for a period longer than six (6) months, shall thereafter not be replaced or redisplayed. (Ord. 1191, 2015)

   A.   Required: It is the affirmative obligation of the owner of every sign within the city to maintain the sign in a good state of repair at all times.

   B.   Nonconforming Signs: Nonconforming signs may be repaired and maintained, provided the repairs are for the purpose of maintaining the sign in its original condition, do not increase the degree of nonconformity in the sign, and are otherwise in accordance with this section 17.08A.020. (Ord. 1191, 2015)

   A.   The unique character, landscapes and scenic vistas of Hailey are among its most valuable assets. Preserving and promoting those assets are essential to the long range social and economic well being of the city and its inhabitants. Protecting these assets requires sensitive placement and design of wireless communication facilities so that these facilities remain in scale and harmony with the existing character of the community.

   B.   This article is intended to provide reasonable standards and procedures for the development of PWSFs and WCFs that will serve citizens, the traveling public, and others within the city in order to:

      1.   Preserve the character, viability and property values of areas which are in close proximity to PWSFs or WCFs by minimizing the adverse impacts of such facilities and protecting the public safety through careful location, siting, design and screening thereof;

      2.   Protect the health, safety and welfare of persons living or working in the area surrounding such PWSFs or WCFs from possible adverse impacts (within the confines of the federal telecommunications act of 1996) relating to the placement, construction or modification of such facilities;

      3.   Provide development that is compatible in appearance with allowed uses of the underlying zoning district in which such facilities are placed;

      4.   Promote the public welfare by facilitating the city's permitting process to encourage fair and meaningful competition among providers of wireless facilities and, to the greatest extent possible, extend to all Hailey citizens high quality wireless communication services at reasonable costs;

      5.   Encourage the use of existing structures for PWSFs or WCFs where appropriate;

      6.   Encourage PWSFs or WCFs that have the least impact on, and the greatest compatibility with, the character of the community, surrounding land uses and the general public health, safety and welfare;

      7.   Encourage the joint use and clustering of antenna sites and structures, when practical, to help reduce the number of such facilities which may be required in the future to service the needs of customers, thereby averting the unnecessary proliferation of facilities on private and public property;

      8.   Provide necessary public safety radio communication infrastructure to ensure the health, safety and general welfare of the public. (Ord. 1191, 2015)

For the purposes of this article, the following terms shall have the meaning ascribed to them below:

ABOVE GROUND LEVEL (AGL): The actual height of the PWSF or WCF from the ground to the highest point of the mount or the antenna, whichever is higher.

ACOUSTICAL ENGINEER: A professional engineer with demonstrated education, accreditation and experience to perform and certify noise measurements.

ANTENNA: Any exterior apparatus designed for telephonic, radio or television communications through the sending and/or receiving of electromagnetic waves, including equipment attached to a tower or building for the purpose of providing personal wireless services. Antennas include the following types:

   A.   Omnidirectional (Or Whip) Antenna: Receives and transmits signals in a three hundred sixty degree (360o) pattern, and which is up to fifteen feet (15') in height and up to four inches (4") in diameter.

   B.   Directional (Or Panel) Antenna: Receives and transmits signals in a directional pattern typically encompassing an arc of one hundred twenty degrees (120o).

   C.   Parabolic (Or Dish) Antenna: A bowl shaped device that receives and transmits signals in a specific directional pattern.

   D.   Ancillary Antenna: An antenna that is less than twelve inches (12") in its largest dimension and that is not directly used to provide personal wireless communication services. An example would be a global positioning satellite antenna (GPS).

   E.   Other: All other transmitting or receiving equipment not specifically described in this article, which most closely resembles such equipment.

ANTENNA ARRAY: One or more whips, panels, dishes or similar devices used for the transmission or reception of radio frequency signals, which may include omnidirectional antennas (whips), directional antennas (panels) and parabolic antennas (dishes). The antenna array does not include the "mount" as defined in this section.

APPLICANT: A person or entity who submits an application under this article for a PWSF or WCF master plan and/or a wireless permit and shall include both the owner of the real property upon which the PWSF or WCF is proposed for location and the owner of the proposed PWSF or WCF, which shall be a licensed carrier or entity operating a public safety communication center.

BUILDING: Any permanent structure built for the shelter or enclosure of persons, animals, chattels or property of any kind, which:

   A.   Is permanently affixed to the land; and

   B.   Has one or more floors and a roof.

CAMOUFLAGE: A way of painting and mounting a PWSF or WCF that requires minimal changes to the host structure in order to accommodate the facility.

CARRIER: A company licensed by the federal communications commission (FCC) that provides wireless services. A tower builder is not a carrier.

CELLULAR: A mobile telephone service operation in the eight hundred (800) MHz spectrum.

CITY: The city of Hailey, Idaho.

COAPPLICANT: Any person and/or entity joining with an applicant in an application for a permit for a PWSF or WCF, including the owner(s) of the PWSF or WSF, owner(s) of the subject property, and any proposed tenant(s) for the PWSF or WCF.

COLLOCATION: The use of a single support system on the ground by more than one carrier (vertical collocation) and/or several support systems on an existing building or structure by more than one carrier.

COMMERCIAL MOBILE RADIO SERVICES (CMRS): Per section 704 of the telecommunications act of 1996, any of several technologies using radio signals at various frequencies to send and receive voice, data and video.

COMMISSION: The Hailey planning and zoning commission.

CONCEAL: To enclose a PWSF or WCF within a natural or manmade feature, resulting in the facility being either invisible or made part of the feature enclosing it.

DESIGN: The appearance of PWSFs or WCFs, such as their materials' colors and shape.

DISGUISE: To design a PWSF or WCF to appear to be something other than a PWSF or WCF.

EIA: The Electronic Industries Association.

ELEVATION: The measurement of height above sea level. Also AMSL, or above mean sea level.

ENHANCED SPECIALIZED MOBILE RADIO (ESMR): Private land mobile radio with telephone services.

EQUIPMENT ENCLOSURE/EQUIPMENT SHELTER: An enclosed structure within which are housed the equipment for the PWSF or WCF, such as batteries and electrical equipment.

FAA: The federal aviation administration.

FCC: The federal communications commission.

FACADE ATTACHED ANTENNA: Any antenna directly attached or affixed to the elevation of a building, tank, tower or other structure.

FREESTANDING TOWER: A tower not physically attached to a building or structure. The tower is attached to the ground by a foundation.

FULLY AUTOMATED WCF: A site where no on site personnel are required for the daily operation of the PWSF or WCF.

GUYED TOWER: A monopole or lattice tower that is anchored to the ground or to another surface by diagonal cables.

HEIGHT: The distance measured from ground level to the highest point of a PWSF or WCF, including the antenna array. For purposes of measuring height, all antennas or other attachments mounted on a structure shall be included in the measurements to determine overall (i.e., combined) height.

LATTICE TOWER: A type of mount that is usually ground mounted and self-supporting with multiple legs and cross bracing of structural steel.

LICENSED CARRIER: A company authorized by the FCC to construct and operate a wireless service or entity operating a public safety communication center. In addition, any carrier operating under the federal communications commission regulations, part 15 (unlicensed carriers) is, for purposes of this article, a "licensed carrier". A licensed carrier must be either the applicant or the coapplicant for every PWSF or WCF application.

LOCATION: The area where a PWSF or WCF is located or proposed to be located.

MITIGATION: The reduction or elimination of visual impacts by the use of one or more methods:

   A.   Concealment;

   B.   Camouflage;

   C.   Disguise.

MODIFICATION: The changing of any portion of a PWSF or WCF from its description in a previously approved permit issued by the city. The FCC definitions for "modification" are different than local governmental rules.

MONOPOLE: The shape of mount that is self-supporting with a single shaft of wood, steel or concrete and antennas at the top and/or along the shaft.

MOUNT: The structure or surface upon which antennas are mounted:

   A.   Roof Mounted: Mounted on the roof of a building.

   B.   Side Mounted: Mounted on the side of a building.

   C.   Ground Mounted: Mounted on the ground.

   D.   Structure Mounted: Mounted on a structure other than a building.

NONAUTOMATED: A WCF with on site personnel.

NONRESIDENTIAL STRUCTURE: A building or structure not constructed for residential purposes or as an accessory structure for residential purposes, not including nonconforming uses.

PERMIT: Unless otherwise identified in this article, a permit shall refer to any city required permit for a PWSF or WCF.

PERSON: Any person, corporation, partnership, joint venture, trust or other entity.

PERSONAL WIRELESS SERVICE FACILITY (PWSF): Facility for the provision of personal wireless services, as defined by section 704 of the telecommunications act of 1996. A PWSF is any unstaffed facility for the transmission and/or reception of personal wireless services, usually consisting of an antenna array, transmission cables, equipment shelter and a mount.

PERSONAL WIRELESS SERVICES: Any personal wireless service defined in the federal communications act which includes FCC licensed commercial wireless telecommunications services, including without limitation, cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, as well as unlicensed wire services and common carrier wireless exchange access services. Personal wireless services are not public utilities as that definition is found in city ordinances or utilities not defined by city ordinances.

PHOTO SIMULATION: Computer generated photographs or renderings combining existing subject adjacent property conditions and improvements with proposed improvements.

PUBLIC SAFETY COMMUNICATION CENTER: A call taking and dispatch center whose primary function is to receive and transmit public safety emergency radio and telephone communications.

PUBLIC SAFETY COMMUNICATION EQUIPMENT: Radio transmitters, antennas, mount and ancillary equipment used to receive and transmit essential public safety radio communications using VHF, UHF, seven hundred (700) and eight hundred (800) MHz frequencies.

RADIO FREQUENCY (RF) ENGINEER: Someone with a background in electrical engineering or microwave engineering who specializes in the study of radio frequencies.

RADIO FREQUENCY RADIATION (RFR): The actual beam or radio waves sent and received by a PWSF or WCF. A signal contains RF emissions.

RESIDENTIAL DEVELOPMENT: A building utilized exclusively for short or long term residential purposes.

RIGHT OF WAY: All public streets, alleys, rights of way, property and utility easements, now and hereafter owned by the city of Hailey or other public entity.

RIPARIAN SETBACK: The setback required by city ordinances from the mean high water mark along the banks of the Big Wood River or other waterways within the city.

SECURITY BARRIER: A locked, impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespass.

SEPARATION: The distance between one carrier's antenna array and another carrier's antenna array.

SERVICE AREA: Contained areas within which a wireless communication facility is able to transmit clear signals, generally circular in form.

SITE: That portion of a subject property where a PWSF or WCF is to be placed. Any acceptable location may have several potential sites within it.

SITING: The method and form of placement of PWSFs or WCFs on a specific area of a subject property.

SPECIALIZED MOBILE RADIO (SMR): A form of dispatch or two-way communication used by companies that rent space or time from an SMR carrier. Used primarily for data, delivery vans, truckers or taxis within a small, definable geographic area.

STANDARDS: Rules or measures by which acceptability is determined. PWSFs and WCFs are measured by standards measuring visibility or safety. Wireless planning tends to regulate PWSFs and WCFs on three (3) levels: location (or where the PWSF or WCF site can go), siting (or how the PWSF or WCF is placed within its setting), and design (or what the PWSF or WCF looks like).

STREET POLE: A streetlight, traffic control signal, telephone, electric or cable television pole located in a developed public street or alley right of way or other city owned property.

STRUCTURE: A constructed element in the landscape, including buildings, but specifically used to include towers, poles and other nonhabitable structures.

SUPPORT STRUCTURE: The structure to which an antenna and other necessary associated hardware is attached. Support structures include, but are not limited to, the following:

   A.   Nonresidential structure;

   B.   Monopole: A single pole sunk into the ground and/or attached to a foundation;

   C.   Street pole: A telephone, electric or cable television pole located in a developed street right of way.

TOWER: A mast, pole, monopole or other structure designed and primarily used to support antennas and/or other WCF equipment.

WATERWAY: A channel, natural or manmade, which water runs through.

WHIP ANTENNA: See definition of Omnidirectional (Or Whip) Antenna.

WIRELESS COMMUNICATION FACILITY (WCF): Those facilities that are nonpersonal wireless service facilities (PWSFs), by definition of the telecommunications act of 1996, but that are also subject to this article due to their height above ground level. Any antenna, including mount and/or equipment support structure over thirty five feet (35') AGL that is not a PWSF shall be considered a WCF and regulated by this article.

WIRELESS PERMIT: A permit issued by the city of Hailey to allow the construction and operation of a PWSF or WCF within the Hailey city limits. (Ord. 1191, 2015)

It shall be unlawful to commence construction or placement of any PWSF or WCF without having first obtained a valid written wireless permit pursuant to this article, and as set forth in section 17.08B.040 of this article, a conditional use permit pursuant to chapter 17.11 of this title.

   A.   Building Permit: It shall be unlawful to commence construction on any new PWSF or WCF, or to modify, alter or add on to an existing PWSF or WCF, without having first obtained a valid written building permit as required under the international building code as adopted by Hailey ordinance.

   B.   Conditional Use Permit: Any conditional use permit issued for a PWSF or WCF shall subscribe to procedures set forth in this article and in chapter 17.11 of this title and:

      1.   Where nonconflicting differences between this article and chapter 17.11 of this title exist, this article shall be additive to and supportive of chapter 17.11 of this title.

      2.   Where this article and chapter 17.11 of this title contain conflicting provisions, the more restrictive requirements shall apply. (Ord. 1191, 2015)

   A.   Prior Issued Permits: A PWSF or WCF for which a permit has been issued prior to the effective date hereof shall be deemed a permitted use, subject to the conditions of that permit.

   B.   Compliance For Unpermitted: All unpermitted PWSFs or WCFs shall be brought into compliance with this article. Unpermitted PWSFs or WCFs will be subject to abatement.

   C.   Separate Permits: Where any unpermitted PWSF or WCF to be attached to a mount approved for another use or PWSF or WCF, the unpermitted PWSF or WCF must apply for a separate permit, even when: 1) sharing a legal mount; 2) already in operation; and/or 3) duly licensed by the federal communications commission. The issuance of permit renewals or other new permits for such facilities shall be in accordance with the provisions of this article.

   D.   Damaged, Destroyed Facilities: Damaged or destroyed facilities may be rebuilt and all such facilities may be replaced by facilities of the same height at the same location; provided, that lattice towers are encouraged to be changed to mounts of lower visual impact.

   E.   New Approvals With Preexisting: Any carrier with at least one preexisting PWSF or WCF in the city of Hailey that is out of compliance with the city of Hailey building and zoning requirements, prior to the adoption of this article, shall not be eligible for any new approvals of PWSFs or WCFs by the city until each preexisting PWSF or WCF owned by that carrier is brought into compliance with this article. (Ord. 1191, 2015)

   A.   No issuance of any permit under this article shall occur for a request to collocate, attach or share an existing PWSF or WCF site, mount or facility, when such existing site, mount or facility is found to have one or more PWSFs or WCFs without permits and/or any structure, mount or facility is found to lack one or more building or any other permits required by the city, or is otherwise in violation of city ordinance or state or federal law.

   B.   Any application by a wireless carrier or other entity shall not be accepted by the city of Hailey if that wireless carrier has a preexisting PWSF or WCF on, or the other entity owns or leases, a mount, rooftop or tower, on which there is any unpermitted PWSF or WCF until that PWSF or WCF is brought into compliance with this article. (Ord. 1191, 2015)

   A.   The requirements imposed by this article shall not apply to antennas designed to receive video programming signals from direct broadcast satellite (DBS) services, multichannel multipoint distribution providers (MMDS), or television broadcast stations (TVBS); provided, that all of the following conditions are met:

      1.   The antenna measures thirty nine inches (39") (1 m) or less in diameter;

      2.   A dish that measures greater than thirty nine inches (39") (1 m) in diameter that is completely enclosed;

      3.   The antenna is attached to a freestanding tower measuring less than twelve feet (12') in height.

   B.   The requirements of this article shall not apply to amateur radio facilities owned and operated by a federally licensed amateur radio operator or used exclusively as noncommercial, receive only antennas. However, such facilities may not collocate a PWSF or WCF unless a wireless permit is obtained under this article. (Ord. 1191, 2015)

This article shall supersede any conflicting requirements contained in this title regarding the siting and permitting of PWSFs or WCFs, except as otherwise specifically provided for in this article. (Ord. 1191, 2015)

This article shall apply only in the incorporated area of the city of Hailey and where adopted pursuant to the Hailey/Blaine County area of city impact ordinance. (Ord. 1191, 2015)

   A.   Applicability: The placement, use or modification of any wireless communication facility at any location within the city of Hailey is subject to the provisions of this article.

   B.   LB, B, LI, TI, SCI, A Districts: In the limited business district, business district, light industrial district, technological industry district, service commercial industrial district, and airport district:

      1.   PWSFs or WCFs attached to street poles shall be a permitted use in the aforementioned zoning districts upon issuance of a wireless permit in accordance with the provisions of this article.

      2.   All other PWSFs or WCFs, excluding freestanding towers, shall be permitted as an accessory use in the aforementioned zoning districts of Hailey upon issuance of a wireless permit in accordance with the provisions of this article.

      3.   Freestanding towers and monopoles, excluding lattice towers, shall be a conditional use within these zoning districts of Hailey upon issuance of a wireless permit and a conditional use permit in accordance with this article and chapter 17.11 of this title.

   C.   RGB, LR, GR, TN Districts: In the recreational green belt district, limited residential district, general residential district, and transitional district:

      1.   PWSFs or WCFs shall be permitted only as a conditional use in the aforementioned zoning districts of Hailey upon issuance of both a wireless permit in accordance with this article and conditional use permit in accordance with chapter 17.11 of this title.

      2.   Freestanding towers and monopoles shall be prohibited in these zoning districts of Hailey.

   D.   Prohibitions: The following are prohibited within the city:

      1.   Lattice towers larger than two feet by two feet (2' x 2');

      2.   WCFs and PWSFs that interfere with city and public safety communication systems and/or area television or radio broadcast.

   E.   Restrictions: In all zoning districts within Hailey, no guywire or other support wires shall be used in connection with antenna, antenna array or its support structure, except when used to anchor the antenna, antenna array or support structure to an existing building to which such antenna, antenna array or support structure is attached. (Ord. 1191, 2015)

   A.   Master Development Plan:   PWSFs or WCFs shall be located on a master development plan as set forth in section 17.08B.060.02 of this article;

   B.   Siting Criteria: Applications shall be considered based on preferred siting criteria as set forth below in order of priority:

      1.   City owned property due to the city's ability to control and monitor ordinance compliance;

      2.   Public safety communication center;

      3.   Collocation on existing buildings, structures and towers in the zoning districts set forth in subsection 17.08B.040B of this article. In presenting another site, the applicant shall have the burden of proving that there are no such feasible existing structures upon which to locate;

      4.   Street poles;

      5.   Existing buildings and structures, excluding freestanding towers and monopoles, located on residentially zoned land, as set forth in subsection 17.08B.040C of this article;

      6.   In areas where the existing topography, vegetation, buildings and other structures provide the greatest amount of screening;

      7.   Other locations consistent with the provisions of this title;

      8.   Location of PWSFs or WCFs within floodplain areas, wetlands, hillside areas above twenty five percent (25%) slope, avalanche prone areas, areas where the FAA requires lighting on the facility, and areas for which the FCC requires an environmental assessment under the national environmental policy act (NEPA) are to be avoided. (Ord. 1191, 2015)

Collocation is considered to be the least intrusive and visually unobtrusive installation method because the equipment is attached to an existing structure. No new tower shall be permitted unless the applicant demonstrates a good faith effort to collocate on an existing facility, including good faith efforts to negotiate lease rights, and there is no reasonable alternative location, site or design. The applicant shall submit clear and convincing evidence that:

   A.   No suitable existing towers or structures are located within the city or immediate geographic area;

   B.   Existing towers or structures are not sufficiently designed to meet the applicant's master development plan;

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

   D.   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;

   E.   The fees, costs or contractual provisions required by the owner of the proposed collocation site in order to share an existing tower or structure or to adapt an existing tower or structure for share are prohibitive;

   F.   Costs exceeding new tower development and construction are presumed (rebuttably) to be prohibitive;

   G.   No other reasonable alternative exists to the applicant's proposed PWSF or WCF;

   H.   In the case of public safety communication equipment, existing towers or structures do not satisfy requirements for public safety communication accreditation.

In addition, no new tower shall be permitted unless the applicant provides a written statement to the city that the applicant shall make a good faith effort to allow other wireless carriers to collocate antennas on the proposed tower where technically and economically feasible. This provision shall not apply to lattice towers. (Ord. 1191, 2015)

   A.   Wireless Permit: The Hailey planning administrator shall be the granting authority for wireless permits not requiring a conditional use permit, subject to final approval or denial by the planning and zoning commission on its consent agenda. Such approval or denial shall specify the ordinance and standards used in evaluating the application; the reasons for the approval or denial; and the actions, if any, that the applicant could take to obtain a permit. An applicant who is denied or aggrieved by a decision may appeal such decision as set forth in section 17.08B.150.01 of this article. The planning administrator may attach reasonable conditions to the approval of an application, including, but not limited to, those that will minimize adverse impact on adjacent properties or public ways, and/or assure the PWSF or WCF is constructed and/or maintained in accordance with this article and this title.

   B.   Master Development Plans: The planning administrator shall also have the authority to approve or deny all PWSF or WCF master development plans.

   C.   Conditional Use Permits: The commission shall have the authority to approve or deny all conditional use permit applications for PWSFs or WCFs, which shall be jointly processed with wireless permit applications in accordance with the procedures for conditional use permits set forth in chapter 17.11 of this title.

   D.   Encroachment Permit: Prior to issuance of any wireless permit for a facility to be located on a street pole, or otherwise within the public right of way, an encroachment permit or right of way use agreement must be obtained by the applicant for the PWSF or WCF from the city and/or, where applicable, the Idaho transportation department (ITD). Any PWSF or WCF to be otherwise located on city owned property shall also enter into a lease agreement with the city subject to authorization by the city council. (Ord. 1191, 2015)

   A.   Required: An applicant for a wireless permit must obtain approval of a master development plan by the Hailey planning administrator and pursuant to this article prior to or concurrently with the processing of any wireless permit application. A master development plan shall be submitted by each company seeking placement of a PWSF or WCF within the city.

   B.   Waiver: The planning administrator may waive the processing of a master development plan if the applicant demonstrates by clear and convincing evidence that a network of PWSFs or WCFs will not be required of the owner/operator of the proposed PWSF or WCF.

   C.   Expected Network Illustrated: The master development plan shall illustrate a carrier's expected network of PWSFs or WCFs within and adjacent to the city. It shall forecast five (5) years in advance the approximate locations of future facilities and the areas of service, but is not required to detail the specific siting or type of facility (e.g., pole, roof, building attached). Future amendments to each company's master development plan shall be submitted and reviewed by the planning administrator prior to approval of additional PWSF or WCF facility locations.

   D.   Placement Without Plan: If a PWSF or WCF is placed without a master development plan, the applicant shall file for and receive approval of a plan prior to the filing of an application for another PWSF or WCF. (Ord. 1191, 2015)

The planning administrator, prior to processing a master development plan application, must determine a plan application to be complete. The planning administrator shall determine an application complete when the application contains the information described below. The following shall be included with an application for master development plan approval:

   A.   Application: The application form shall include at a minimum:

      1.   Applicant: Name, address and telephone number of the applicant, any coapplicants, as well as any agents for the applicant and coapplicants. The applicant or coapplicant shall be a licensed carrier;

      2.   Carrier: Name, address and telephone number of the licensed carrier;

      3.   Signatures: Original signatures for the applicant and all coapplicants applying for master development plan approval. If the applicant or coapplicant will be represented by an agent, the original signature authorizing the agent to represent the applicant and/or coapplicant;

      4.   Fee: Master development plan application fee as set by city ordinance;

      5.   Map: A map encompassing the city and surrounding area within one mile drawn to scale of no less than one inch equals five hundred feet (1" = 500'), specifying the following:

         a.   Location of proposed PWSFs or WCFs;

         b.   Service area of each PWSF or WCF;

         c.   Street names of major streets and streets adjacent to identified WCF locations;

         d.   All existing PWSFs or WCFs, operated by the applicant;

         e.   Separation distance between proposed and existing PWSFs or WCFs measured in feet;

         f.   Existing watercourses and natural features that restrict the placement of PWSFs or WCFs or the associated service areas;

         g.   North arrow, scale and legend; and

         h.   Information demonstrating compliance with the standards of this article.

   B.   Preapplication:

      1.   Meeting: Prior to submission of a wireless permit application under this article, the applicant will meet with the planning administrator to discuss the proposed PWSF or WCF in general terms, its compliance with the carrier's master development plan and to clarify the filing requirements. The planning administrator shall meet with an applicant within twenty one (21) days following a written request submitted to the Hailey planning department.

      2.   Preapplication Filing Requirements: The applicant shall submit sufficient preliminary architectural and/or engineering drawings to inform the planning administrator of the location and siting of the proposed facility, as well as its scale and overall design. If unable to collocate, evidence thereof shall be submitted for review and approval by the planning administrator.

   C.   PWSF Or WCF Application Filing Requirements: A wireless permit is required prior to the installation or modification of any new or existing PWSF or WCF. An application for a wireless permit must be determined to be complete by the city prior to processing. The planning administrator shall determine an application complete when the application contains the information described below. The following shall be included with an application for a wireless permit:

      1.   Wireless Application Form: The application shall include at a minimum:

         a.   Name, address and telephone number of the applicant and any coapplicants, as well as any agents for the applicant and coapplicants. The applicant or coapplicant shall be a licensed carrier;

         b.   Name, address and telephone number of the property owner(s);

         c.   Original signatures for the applicant and all coapplicants applying for a wireless permit. If the applicant or coapplicant will be represented by an agent, the original signature authorizing the agent to represent the applicant and/or coapplicant;

         d.   A complete legal description of the subject property;

         e.   Wireless permit application fee as set by city ordinance.

      2.   Site Plan: A site plan drawn to scale of no less than one inch equals twenty feet (1" = 20'), specifying the following:

         a.   Location, type and height of the proposed PWSF or WCF, support structures, security barrier and other components with setbacks;

         b.   On site structures, land uses and zoning;

         c.   Circulation. Adjacent roadways, ingress and egress from such roadways, parking and pedestrian circulation and access;

         d.   Fences, signs, exterior lighting pursuant to article C of this chapter and storm drainage;

         e.   Property lines with dimensions, adjacent land uses, structures and zoning;

         f.   Existing watercourses, utility lines, easements, deed restrictions and other built or natural features restricting the use of the subject property;

         g.   A grading, fill and drainage plan for the site;

         h.   North arrow, scale and legend, and topographic map of property prior to any proposed improvements, grading or fill with contours at two foot (2') intervals;

         i.   Information demonstrating compliance with the standards of this article;

         j.   The city, at its discretion, may waive any of the above site plan requirements for PWSFs or WCFs attached to existing structures.

      3.   Landscape And/Or Screening Plan: A landscape plan drawn to scale of no less than one inch equals twenty feet (1" = 20'), specifying the following:

         a.   Existing and proposed landscaping, indicating size, location and species of vegetation;

         b.   Indication of existing vegetation to be removed or retained;

         c.   Information demonstrating compliance with the screening standards of this article; and

         d.   The landscape plan may be waived when the PWSF or WCF is to be attached to a building and the equipment is located within the building.

      4.   Drawings: Elevation drawings or "before and after" photographs/drawings simulating and specifying the location and height of the antennas, support structures, equipment enclosure(s) and other accessory uses, fences and signs;

      5.   Enclosure Elevations: Elevations of all sides of any proposed aboveground equipment enclosures;

      6.   Map Of Service Area: A map indicating the service area of the facility;

      7.   Other Service Areas: A map indicating locations and service areas of other PWSF or WCF sites operated by the applicant in the city and within one mile of the city's corporate limits;

      8.   Plans And Maps: Six (6) copies of all plans and maps that exceed eleven inches by seventeen inches (11" x 17") in size;

      9.   Photo Simulations: Six (6) copies of photo simulations of the proposed PWSF or WCF from adjacent residential properties and public rights of way at varying distances;

      10.   Structure Description: A description of the support structure or building upon which the PWSF or WCF is proposed to be located, and the technical reasons for the design and configuration of the PWSF or WCF;

      11.   Location Efforts: Written documentation demonstrating a good faith effort in locating facilities in accordance with the location selection criteria set forth in section 17.08B.050.01 of this article;

      12.   Collocation: Evidence as specified in the collocation requirements, section 17.08B.050.02 of this article;

      13.   Written Description: A written description of how the proposed PWSF or WCF fits within the master development plan;

      14.   Statements: Signed and notarized statement by the applicant indicating:

         a.   Certification by a qualified radio frequency engineer that the antenna usage shall not interfere with other adjacent or neighboring transmission or reception functions;

         b.   That the applicant, if proposing a new freestanding tower, shall make a good faith effort to allow other wireless carriers to collocate antennas on the proposed tower where technically and economically feasible;

         c.   That the applicant agrees to remove the PWSF or WCF and equipment within ninety (90) days after the site's use is discontinued;

         d.   That any lease agreement with a landholder specifies that if the provider fails to remove the PWSF or WCF and equipment within ninety (90) days of its discontinued use, the responsibility for removal belongs to the landholder;

         e.   That a memorandum of lease shall be recorded with the office of the Blaine County recorder, Hailey, Idaho.

      15.   Additional Information: The applicant shall provide the following additional information:

         a.   Names and addresses of all property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land being considered;

         b.   Copy of form 600 on file with the FCC, or FCC license (radio authorization form);

         c.   A complete right of way encroachment permit application if the PWSF or WCF is to be located within a public right of way;

         d.   A list of all hazardous substances (as defined by CERCLA), chemicals, petroleum products, batteries, and similar items or substances, which will be used or stored on the PWSF or WCF site;

         e.   A list of all types of materials, including the finishes and colors thereof, used in construction of, and which will be visible on, the exterior of the PWSF or WCF;

         f.   Certification that the proposed PWSF or WCF complies with all applicable FCC guidelines, and a RFR report (radio frequency radiation) for the proposed PWSF or WCF prepared by a qualified RF engineer;

         g.   FAA aeronautical survey indicating any required lighting of the proposed PWSF or WCF, and all available alternative lighting and/or painting which will also meet that requirement. The city shall have the ability to condition permit approval on an alternative location, site or design which will not require such painting or lighting, or shall require the least intrusive lighting and/or painting allowed by the FAA where there is no other alternative location, site or design available. If lighting is required, the city will authorize only solid red lights, and no strobe or flashing lights will be allowed, unless no other alternative is permitted by the FAA, and no other alternative location, site or design are available. Prior to the issuance of a building permit, any required FAA permit for the proposed facility, including exact geographic coordinates, shall be submitted;

         h.   FAA form 7460-1 "Notice Of Proposed Construction Or Alteration", where required;

         i.   A narrative statement describing two (2) alternative proposals examined by the applicant for the PWSF or WCF facility in terms of location, siting, height and/or design. Each alternative must comply with the provisions of this article and be equally or less intrusive than the proposal submitted for approval. If the statement does not describe appropriate alternatives, the city may retain a private expert, at the applicant's cost, under section 17.08B.120 of this article, to develop or review such alternative proposals. The city shall not further process the wireless permit application until such alternatives have been submitted, and the time frame for processing the application shall be tolled until thirty (30) days after such submittal. If no alternatives are provided, an application will be deemed incomplete;

         j.   Conditional use permit application, and wireless conditional use permit fee as set by city ordinance, when necessary;

         k.   Copy of lease agreement, when applicable. (Ord. 1191, 2015)

   A.   Review For Completeness: The planning administrator shall review each application for a wireless permit, and within thirty (30) days of the date of the submission, shall either certify that the application is complete or notify the applicant of the deficiencies in the application. An application is not complete unless and until all the required information and items set forth in this article have been submitted to the city by the applicant. The applicant shall have thirty (30) days from the date of notification of an incomplete application to file the completed application. If the applicant fails or refuses to file the completed application within this time, the application shall be deemed withdrawn and thereafter a new application shall be filed by the applicant, subject to new application fees.

   B.   Conditional Use Permit Determination: The planning administrator shall certify whether a wireless permit application shall require a conditional use permit based upon the location, siting and type of PWSF or WCF presented in the application and as set forth in this article.

   C.   Conditional Use Permit Not Required: In the event that the planning administrator certifies that a conditional use permit is not required:

      1.   The planning administrator shall mail notice of the application to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the proposed site and shall request written comment from such owners or purchasers of record.

      2.   The planning administrator shall consider such application for a wireless permit, and shall issue or deny, or issue with conditions, the application. All denials shall be supported by written findings, subject to final approval by the commission consent agenda.

      3.   The application shall then be approved or denied on the next available commission consent agenda.

      4.   The applicant shall have a right to appeal any decision of the commission to the Hailey city council.

   D.   Conditional Use Permit Required: In the event that the planning administrator certifies that a conditional use permit is required:

      1.   Public Hearing: The planning and zoning commission shall conduct at least one public hearing that addresses both the application for a wireless permit and the accompanying conditional use permit. The applicant and all interested persons shall have an opportunity to be heard. The public hearing shall be noticed in the following manner:

         a.   Publication: At least fifteen (15) days prior to the public hearing, notice of the time and place, and a summary of the proposal, shall be published in the official newspaper or paper of general circulation within the city. Notice may also be made available to other newspapers, radio and television stations serving the city for use as public service announcements.

         b.   Posting: Notice shall be posted on the premises where the PWSF or WCF is proposed not less than one week prior to the public hearing.

         c.   Mailing: Notice shall be mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land being considered at least fifteen (15) days prior to the public hearing.

      2.   Commission Action: The commission shall hear the application for a wireless permit as set forth in this section in conjunction with the required application for a conditional use permit. Following the public hearing, the commission shall approve, deny or approve with conditions the application for a wireless permit and corresponding conditional use permit. All decisions of the commission shall be in writing and accompanied by a reasoned statement that explains the criteria and standards considered relevant, states the relevant contested facts relied upon, explains the rationale for the decision and is based upon substantial evidence in the written record as required by state and federal law. (Ord. 1191, 2015)

   A.   Issuance Of Permit: Upon approval, the city shall issue the applicant a wireless permit in written form stating the exact PWSF or WCF approved and the conditions, if any, of said permit.

   B.   Annual Report: As a condition of each wireless permit, the applicant shall file with the city on each anniversary date of the issuance of the permit an annual report containing the following information:

      1.   Name of permittee, landowner;

      2.   Any collocation added to the site or removed from the site within the preceding year;

      3.   Any modifications to the site in the preceding year, including change of ownership;

      4.   Updated list of hazardous substances as set forth in subsection 17.08B.060.03C15d of this article, together with a plan of the site showing the exact location of each such substance and means of access in case of an emergency;

      5.   Date of the last physical inspection of the site by the permittee and any carrier on the site;

      6.   The name and telephone number of contact person in case of emergency at the site and for any required maintenance of the site.

      7.   Annual renewal fee as set by city ordinance.

   C.   Renewal; Failure To File: The permit shall be automatically renewed annually upon the filing of an annual report and renewal fee as set by city ordinance. Failure to file an annual report shall result in the expiration of the wireless permit. Expiration occurs one year after the due date of the annual report. A new application, together with all applicable fees, shall be required to reinstate the permit.

   D.   Conditional Use Permit: Where an application is also required as set forth in this article, the city shall issue the applicant a conditional use permit in written form stating the exact PWSF or WCF and the conditions of said permit. Such permit shall be subject to the terms and conditions set forth in chapter 17.11 of this title, as well as any supplementary conditions set forth in this article. (Ord. 1191, 2015)

The standards identified in the sections below shall apply to all wireless permits and all PWSFs or WCFs constructed or located in the city, unless otherwise herein specified. Such standards shall also be considered in the issuance of a conditional use permit pursuant to this article and chapter 17.11 of this title. The applicant for a wireless permit has the burden of demonstrating compliance with these standards. (Ord. 1191, 2015)

PWSFs or WCFs shall not exceed forty feet (40') AGL or the maximum permissible height of the zoning district where it is sited, whichever is lower, with the exception of facade and roof attached PWSFs or WCFs or public safety communication equipment as described below:

   A.   Roof attached PWSFs or WCFs shall not exceed five feet (5') above the highest portion of the roof membrane, or continuous parapet wall. The antenna and support system for whip antennas shall not exceed ten feet (10') above the highest portion of that roof, including parapet walls.

   B.   Facade attached PWSFs or WCFs shall not exceed five feet (5') above the facade to which it is attached.

   C.   If the height of the building is in excess of the maximum height allowed within the zone and was legally established, then the combined height of the building and antenna shall not exceed the maximum height allowed by such approval, unless determined to be suitably camouflaged.

   D.   Street pole attached PWSFs or WCFs may only extend six feet (6') above the existing street pole. A maximum extension of ten feet (10') from the top of the street pole, may be permitted pursuant to standards provided in section 17.08B.070.09 of this article, if a utility disturbance can be clearly demonstrated.

   E.   Public safety communication equipment located on the same property as a public safety communication center, the height of the support structure may be allowed a maximum of seventy five feet (75') AGL. (Ord. 1191, 2015)

All PWSFs or WCFs, except those mounted on street poles, shall comply with the building setback provisions of the zoning district in which the PWSF or WCF is located or the requirements of this section, whichever is greater. At a minimum, the following setbacks shall be observed:

   A.   Street Pole Attached: No setback when constructed within the public right of way and under the provisions of section 17.08B.070.09 of this article;

   B.   Facade Attached: The maximum projection shall be eighteen inches (18"). The location of a PWSF or WCF on the wall of a legal nonconforming structure is permitted. However, the PWSF or WCF shall not be located on an exterior wall in a manner that will increase the degree of nonconformity. Additional standards for antennas attached to the facade of structures are listed in section 17.08B.070.09 of this article;

   C.   Roof Attached:   PWSFs or WCFs shall be set back from the edge of the building a distance equal to the height of the antenna and support system as measured from the roof membrane;

   D.   Freestanding Tower: Setbacks shall be measured from the base of the tower to the property line of the parcel on which it is located. Towers shall be set back from all property lines one hundred percent (100%) of the height of the tower as measured from the base of the tower to the highest point of the tower, including antennas;

   E.   Underground Vaults Or Aboveground Structures: Underground vaults or aboveground structures shall comply with all setback and other requirements of the underlying zoning district in which the real property is located;

   F.   Equipment Enclosures: No freestanding PWSFs or WCFs or equipment enclosures shall be located between the face of a structure and a public street, bikeway, park or residential development, except for approved facade attached PWSFs or WCFs located on existing or new permitted structures in accordance with this article. (Ord. 1191, 2015)

The following design criteria shall be met by each application for wireless permit approval:

   A.   Architectural Compatibility:

      1.   All facilities shall be designed to minimize the visual impact to the greatest extent feasible, considering technological requirements, by means of placement, screening and camouflage to be compatible with existing architectural elements and building materials and other site characteristics. The applicant shall use the smallest and least visible antennas possible, as well as the smallest possible equipment enclosure.

      2.   Equipment enclosures of PWSFs or WCFs shall be placed in underground vaults or within buildings where possible. All other equipment enclosures shall be designed consistent with the requirements of this article. The equipment enclosure shall be constructed so as to minimize its visual impact. Landscape planting shall be installed and maintained to completely obscure the visibility of the equipment enclosure from the developed street and adjacent properties. Sight distance clearance shall be maintained for the equipment enclosure and associated landscape pursuant to the requirements of this article and other applicable ordinances and standards of the city. Any aboveground equipment enclosure greater than ninety (90) cubic feet in size shall be subject to design review pursuant to chapter 17.06 of this title.

   B.   Landscaping Or Screening Standards:

      1.   Support structures and equipment enclosures shall be installed so as to maintain and blend with existing landscaping on site, including trees, foliage and shrubs, whether or not utilized for screening;

      2.   Additional landscaping and screening shall be installed to visually screen the aboveground equipment enclosures. Landscaping and screening shall consist of a combination of trees, foliage and shrubs of dense spacing in one of the following designs:

         a.   A screening wall or fence and a five foot (5') wide landscape planter located in front of the wall or fence;

         b.   A ten foot (10') wide landscape planter; or

         c.   Any combination of existing vegetation, topography, decorative walls/fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping described above.

      3.   No PWSF or WCF shall be at a height greater than ten feet (10') above the average height of the existing, mature trees located on site.

      4.   Where mature trees or landscaping does not exist, the appropriateness of siting support structures and equipment enclosures shall be determined by considering the context of the surrounding topography, buildings or other vertical structures.

      5.   Upon completion, the permittee(s) of the facility shall be jointly and severally responsible for the continued maintenance and replacement of all required landscaping and screening materials.

   C.   Color And Materials Standards:

      1.   PWSFs or WCFs located on buildings, walls or roofs, or structures, shall be painted or constructed of materials to match the color of the structure directly behind them to reduce the visibility of the PWSF or WCF.

      2.   To the extent any PWSFs or WCFs extend above the height of the vegetation immediately surrounding it, they shall be painted in a nonreflective light gray, light blue or other hue, which blends with the skyline and horizon.

   D.   Facility Lighting And Signage Standards:

      1.   Facility lighting shall be designed so as to meet but not exceed minimum requirements for security, safety and/or FAA regulations. Lighting of antennas or support structures shall be prohibited unless required by the FAA and no other alternatives are available. In all instances, the lighting shall be designed so as to avoid glare and minimize illumination on adjacent properties. No strobe or flashing lights shall be permitted unless no other lighting can meet FAA regulations and the applicant provides written confirmation from the FAA that the specific WCF under review cannot meet its regulations by the use of any other alternative other than such lighting. Lighting shall also comply with any applicable city lighting standards.

      2.   Signs shall be limited to those needed to identify the telephone number(s) to contact in an emergency, public safety warnings, certifications or other required seals. These signs shall also comply with the requirements of the city's sign regulations.

      3.   All facility lighting shall comply with the standards as set forth in article C of this chapter. (Ord. 1191, 2015)

   A.   Automated: If the freestanding PWSF or WCF is fully automated, one off street parking space shall be provided for maintenance workers.

   B.   Nonautomated: Nonautomated PWSFs or WCFs shall provide documentation regarding the provision of adequate off street parking. Parking will be sufficient to accommodate the maximum number of employees at any one time. (Ord. 1191, 2015)

In addition to ingress and egress requirements of the international building code and the international fire code, access to and from PWSFs or WCFs, and equipment shall be regulated as follows:

   A.   Interference: No PWSF or WCF or equipment shall be located in a required parking, maneuvering or vehicle/pedestrian circulation area such that it interferes with, or in any way impairs, the intent or functionality of the original design.

   B.   Public, Emergency Access: The PWSF or WCF shall be secured from access by the general public, but access for emergency services must be ensured. Access roads shall comply with fire department and other city standards for emergency vehicular access. (Ord. 1191, 2015)

   A.   Open Areas: Freestanding PWSFs or WCFs shall not be located within open areas that are visible from public roads, recreational areas or residential development. As specified in subsection 17.08B.070.04A1 of this article, PWSFs or WCFs shall be installed to blend with existing landscaping and structures.

   B.   Scenic Areas: Any PWSF or WCF that is located within three hundred feet (300') of a scenic vista, scenic landscape or scenic road as designated by the city, in addition to height regulations specified in section 17.08B.070.02 of this article, shall not exceed the height of vegetation at the proposed location. If the facility is located further than three hundred feet (300') from the scenic vista, scenic landscape or scenic road, section 17.08B.070.02 of this article shall apply exclusively. (Ord. 1191, 2015)

   A.   Floodways, Wetlands:   PWSFs or WCFs shall not be located in floodways and wetlands. PWSFs or WCFs shall also be avoided whenever possible in floodplains and disturbance to floodplain areas shall be minimized.

   B.   Riparian Areas:   PWSFs or WCFs shall not be located in riparian setbacks along watercourses.

   C.   Avalanche Areas:   PWSFs or WCFs shall avoid locating in avalanche prone areas, as determined by site specific studies on a case by case basis as part of the PWSF or WCF approval process. Evidence shall be submitted to demonstrate that no location outside an avalanche prone area can accommodate the applicant's proposed antenna as specified in the collocation requirement of section 17.08B.050.02 of this article. PWSFs or WCFs located within avalanche prone areas shall provide proof of FCC acceptance of the proposed location.

   D.   Hazardous Waste: No hazardous waste shall be discharged on the site of any PWSF or WCF. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain at least one hundred ten percent (110%) of the volume of the hazardous materials stored or used on site.

   E.   Stormwater Runoff: Stormwater runoff shall be contained on site.

   F.   Placement In Floodplain:   PWSFs or WCFs locating within the floodplain shall comply with the additional placement standards set forth in the Hailey floodplain ordinance and provide written proof of FCC acceptance of the proposed location.

   G.   Aboveground Noise: Aboveground equipment for PWSFs or WCFs, exclusive of roof and facade attached PWSFs or WCFs, shall not generate noise in excess of fifty (50) decibels at the property line.

   H.   Noise From Attached Equipment: Roof or facade attached equipment for PWSFs or WCFs shall not generate noise in excess of fifty (50) decibels at ground level at the base of the structure closest to the antenna.

   I.   Measurement Of Noise: The noise standards of this article require measurements by a qualified acoustical engineer. (Ord. 1191, 2015)

Street pole and facade attached PWSFs or WCFs shall meet the following conditions and criteria, in addition to the other standards identified in this section:

   A.   Facade Attached PWSFs Or WCFs: Equipment enclosures shall be located within the structure in which the WCF is placed or located underground if site conditions permit. Otherwise, equipment enclosures shall comply with the design standards listed in section 17.08B.070.04 of this article.

   B.   Street Pole Attached PWSFs Or WCFs: Only one PWSF or WCF shall be permitted on any one street pole. Surface area of an antenna shall not exceed four (4) square feet. The antenna shall be either fully concealed within the street pole or camouflaged to appear to be an integrated part of the street pole. An antenna not flush mounted on the side of the street pole shall be centered on the top of the street pole to which it is attached; horizontal projection shall not exceed twelve inches (12") beyond the outer diameter of the pole, and camouflaged or disguised.

   C.   Utility Separation: In the event that a utility located upon the street pole requires vertical separation between its utility facilities and the antenna so attached, the antenna may be raised by a support system to accommodate the separation requirement to an elevation not exceeding an additional ten feet (10') or the required separation, whichever is less. Any such support shall not be greater in diameter than the existing street pole and shall be designed to blend into the colors and textures of the existing street pole.

   D.   Pole Replacement: Existing street poles may be replaced with a new street pole of the same height, dimensions and appearance as the existing street pole. An antenna located upon the new street pole shall meet the standards for attaching an antenna to an existing street pole, as set forth above.

   E.   Horizontal Separation: For PWSFs or WCFs located within developed streets, there shall be a minimum horizontal separation of three hundred feet (300') between the PWSFs or WCFs of a single licensed carrier and a minimum horizontal separation of one hundred feet (100') between the PWSFs or WCFs of any other licensed carrier.

   F.   Permits: An encroachment permit or right of way permit shall be obtained from the city, or where applicable, ITD, by the applicant, after staff review of the wireless permit application and prior to its issuance.

   G.   Relocation Of Utilities: In the event the utilities located on a street pole are relocated underground, the PWSF or WCF shall be relocated to another location pursuant to the requirements of this article. (Ord. 1191, 2015)

In reviewing the alternatives submitted with regard to an application under subsection 17.08B.060.03C of this article, the city shall compare the PWSF or WCF proposed in the application with the alternatives submitted. Comparisons shall be made between: a) the location selection criteria set forth in section 17.08B.050.01 of this article; b) the collocation requirement set forth in section 17.08B.050.02 of this article; and c) the standards and criteria set forth in section 17.08B.070 of this article, in order to determine which best meets those standards, criteria and priorities and which is the least intrusive on the values set forth in the intent and purpose set forth in this article. (Ord. 1191, 2015)

   A.   Federal Requirements: All PWSFs or WCFs shall meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, the owners of the PWSFs or WCFs governed by this article shall bring such PWSFs or WCFs into compliance with the revised standards and regulations. Failure to bring PWSFs or WCFs into compliance with such revised standards and regulations shall constitute grounds for revocation of the wireless permit and removal of the PWSF or WCF at the owner's expense.

   B.   Antenna Support Structure Safety: The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas shall not be negatively affected by support structure failure, falling ice or other debris or interference. All support structures shall be fitted with anticlimbing devices, as approved by the manufacturers. (Ord. 1191, 2015)

   A.   Each permittee shall maintain its PWSF or WCF in a good and safe condition, preserving the original appearance and concealment, disguise or screening elements incorporated into the design at the time of approval and in a manner which complies with all applicable federal, state and local requirements. Such maintenance shall include, but not be limited to, such items as painting, repair of equipment and maintenance of landscaping. If the permittee fails to maintain the facility, the city may undertake the maintenance at the expense of the permittee or terminate the permit, at its sole option.

   B.   To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable city building codes and the applicable standards for towers that are published by the EIA, as amended from time to time. If, upon inspection, the city concludes that the tower fails to comply with such codes or standards and constitutes a danger to person or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty (30) days constitutes grounds for revocation of the wireless permit and removal of the PWSF or WCF at the owner's expense. (Ord. 1191, 2015)

   A.   New Permit: Any proposed change or addition to any PWSF or WCF shall require the issuance of a new wireless permit, pursuant to the requirements of this article. This provision shall not apply to routine maintenance of a PWSF or WCF, to the replacement of any portion of the PWSF or WCF with identical equipment, or to a change in ownership.

   B.   Facility Upgrade: At the time of modification or upgrade of facilities, existing equipment shall be replaced with equipment of equal or greater technical capacity and reduced in size so as to reduce visual impact.

   C.   Existing Uses: Any PWSF or WCF lawfully existing on the effective date hereof shall be allowed to continue operation as it presently exists, subject to section 17.08B.030.02 of this article. Routine maintenance and repair shall be permitted. However, any construction involving the replacement of support structure apparatus, antennas or any exterior alteration of the PWSF or WCF, or any component thereof, shall comply with all the requirements of this article. Emergency service PWSFs or WCFs may obtain a waiver from the commission in order to preserve the public health and safety. In order to receive a waiver, the commission must determine that the modifications cannot comply with this article without an extreme burden to the citizens of Hailey. The waiver shall be noticed by the commission under the public hearing notice requirements identified in subsection 17.08B.060.04D of this article. (Ord. 1191, 2015)

   A.   Commencement Time Limit; Extensions: Construction or activation of a PWSF or WCF shall commence within ninety (90) days of approval of the wireless permit or the permit shall be null and void ab initio. Due to weather conditions or other extenuating circumstances beyond the control of the applicant, an additional ninety (90) day extension may be granted by the approving body as accepted by said approval body. Requests and approvals of extensions shall be made in writing and prior to the expiration of the time period sought to be extended.

   B.   Notification: At such time that a licensed carrier plans to abandon or discontinue operation of a PWSF or WCF, such carrier shall notify the city by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than thirty (30) days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the PWSF or WCF shall be considered abandoned upon such discontinuation of operations.

   C.   Physical Removal: Upon abandonment or discontinuation of use, the carrier shall physically remove the PWSF or WCF within ninety (90) days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to:

      1.   Removal of antennas, support structures, equipment enclosures and security barriers from the subject property;

      2.   Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations;

      3.   Restoring the location of the PWSF or WCF to its natural condition, except that any landscaping and grading shall remain in the after condition. Minor modification for integration with other landscaping or site design will be permitted and approved by staff.

   D.   Failure To Remove: If a carrier fails to remove a PWSF or WCF in accordance with this section, the city may cause the facility to be removed and the owner of the land where the facility is located shall pay all expenses of removal.

   E.   Multiple Providers: In the event that more than one provider is using the PWSF or WCF, the PWSF or WCF shall not be considered abandoned until all such users cease using the structure as provided in this article. (Ord. 1191, 2015)

The wireless communication providers use various methodologies and analysis tools, including geological based computer software, to determine the specific technical parameters of personal wireless services and low power mobile radio facilities, such as expected coverage area, antenna configuration, topographic constraints that affect signal paths, etc. In certain instances, there may be need for expert review by a third party of the technical data submitted by the applicant. Such technical review shall be paid for by the applicant as a special review fee. The applicant shall pay the city the estimated cost of the expert review prior to further processing of the application by the city. If additional costs are incurred, the applicant shall pay those prior to issuance of the wireless permit. If all of the estimated fees are not used by the city to pay the expert, the remainder of said fees shall be refunded to the applicant by the city at the time of issuance of the wireless permit. The selection of the third party expert shall be at the city's sole discretion. Based on the results of the third party review, the city may require changes to the application for the PWSF or WCF that comply with the recommendations of the expert and this article. The expert review of the technical submission shall address the following:

   A.   The accuracy and completeness of any of the information submitted;

   B.   The applicability of analysis techniques and methodologies;

   C.   Review or development of alternative PWSF or WCF proposals under section 17.08B.070.10 of this article;

   D.   The validity of conclusions reached; and

   E.   Any specific technical issues designated by the city. (Ord. 1191, 2015)

A permit issued pursuant to this article may be revoked for the following reasons:

   A.   Construction, operation or modification of a PWSF or WCF at an unauthorized location;

   B.   Construction, operation or modification of a PWSF or WCF in violation of any of the terms and conditions of this article or the conditions attached to the wireless permit or, where applicable, conditional use permit;

   C.   Construction, operation or modification of a PWSF or WCF in violation of any of the terms and conditions of the international building code or any other applicable ordinance of the city or of any applicable state or federal law;

   D.   Misrepresentation or lack of candor by or on behalf of an applicant, permittee or wireless communication provider in any application, including a written or oral statement upon which the city relies in making the decision to grant, review or amend any permit pursuant to this article;

   E.   Abandonment of the WCF or PWSF as set forth in this article;

   F.   Failure to promptly cure a violation of the terms or conditions of the wireless permit or, where applicable, conditional use permit;

   G.   Failure to file an annual report within thirty (30) days of anniversary date;

   H.   Failure to maintain as set forth in section 17.08B.090 of this article. (Ord. 1191, 2015)

   A.   Notice: In the event the city believes that grounds exist for revocation of a permit, the permittee shall be given written notice, by certified mail, personal service or substituted service, of the apparent violation or noncompliance. Such notice shall provide a short and concise statement of the nature and general facts of the violation or noncompliance, and shall provide the permittee a reasonable period of time, not exceeding thirty (30) calendar days, to furnish evidence:

      1.   That corrective action has remedied the violation or noncompliance;

      2.   That rebuts the alleged violation or noncompliance; and/or

      3.   That it would be in the public interest to impose some penalty or sanction less than revocation.

   B.   Hearing: In the event that a permittee fails to provide evidence reasonably satisfactory to the city as provided in subsection A of this section, the city shall refer the apparent violation or noncompliance for a hearing before the Hailey city council.

   C.   Notice Of Hearing: The city shall provide the permittee at least ten (10) days' notice of the scheduled hearing date in writing. The notice should provide explicit grounds of the alleged noncompliance or violation and any documents used to support the allegations. The notice should also include a statement that informs the permittee of his right to a hearing before the city council.

   D.   Adequate Notice: Notifying the permittee by certified mail, personal service or substituted service of the grounds for said hearing at the permittee's last known address of record shall be deemed adequate notice. Failure of a permittee to actually receive a notice sent or served shall not invalidate the proceeding.

   E.   Conduct Of Hearing: Following notice to the permittee, a public hearing concerning the matter shall be conducted at which time the permittee shall be given a reasonable opportunity to be heard concerning the matter. At the hearing, the planning administrator shall present evidence regarding the alleged violation or noncompliance, and the permittee shall be given the opportunity to rebut such allegations. Both the city and the permittee may present evidence and witnesses and are entitled to cross examine witnesses.

   F.   Written Decision: Within ten (10) calendar days of the completion of the hearing, the council shall issue a written decision revoking the wireless permit or imposing such lesser sanctions as may be deemed appropriate under the circumstances.

   G.   Factors For Decision: In making its decision, the council shall apply the following factors:

      1.   Whether the permittee has violated the requirements of this article and any other applicable city, state or local standards;

      2.   Whether the violation or noncompliance presents a threat to the public health, safety or welfare;

      3.   Whether the misconduct was egregious;

      4.   Whether substantial harm resulted;

      5.   Whether the violation was intentional;

      6.   Whether there is a history of prior violations of the same or other requirements;

      7.   Whether there is a history of overall compliance;

      8.   Whether the violation was voluntarily disclosed, admitted or cured;

      9.   Denial or revocation of a conditional use permit as required pursuant to this article and in accordance with chapter 17.11 of this title;

      10.   Denial or violation of a building permit pursuant to Hailey ordinance, or any other violation of city, state or federal law; and

      11.   Other factors determined relevant by the city based upon the specific facts of the case. (Ord. 1191, 2015)

In addition to the remedies set forth above, the city shall have the authority, upon written recommendation of the planning administrator, to temporarily and immediately suspend any wireless permit issued pursuant to this article where violation poses an imminent threat to the public health, safety and welfare by:

   A.   Notifying the applicant by certified mail, personal service or substituted service of the grounds for said suspension and of the permittee's opportunity to appeal said denial to the city council. The notification shall be sent to the permittee's last known address of record;

   B.   The suspension notice should include explicit grounds for the suspension and any documents used to support and justify the suspension. The notice should also include a statement that informs the permittee of his right to a hearing before the city council to appeal the suspension;

   C.   The permittee, upon receiving notice of the suspension, may appeal said suspension by making application to the city for a hearing before the city council within ten (10) days of receipt of the above notice;

   D.   Failure of a person to actually receive notice sent or served shall not invalidate the suspension;

   E.   The hearing, if requested shall follow the procedures set forth in subsection 17.08B.140E of this article. If the city council determines that suspension is proper, the effective date of the suspension shall be the date that notice was sent to or served upon the permittee by the city;

   F.   Following a temporary suspension as set forth herein, the city council may also revoke or suspend a permit as outlined in section 17.08B.140 of this article. (Ord. 1191, 2015)

   A.   Filing: Any person aggrieved by the decision of the commission may appeal the commission's decision to the Hailey city council ("council") by filing a written notice of appeal with the city clerk within twenty (20) days of the commission's final decision. The notice of appeal shall state the date and the substance of the decision appealed from and state the grounds for the appeal. If no notice of appeal is so filed, the decision of the commission shall be final and not subject to further appeal or review.

   B.   Transcript: Within ten (10) days after the filing of the notice of appeal, the appellant may order a transcript of the proceedings to be prepared and the estimated cost of the transcript shall be paid by the appellant prior to ordering the transcript. The actual cost of the transcript shall be paid for by the appellant in full before the transcript may be forwarded to the council. Within twenty (20) days after receipt of the transcript, the administrator shall serve to the appellant and the council copy of the transcript and the record of the appeal, including all applications, minutes and other documents and exhibits pertinent to the appeal, together with the administrator's certificate stating that the documents listed comprise the complete record of the proceedings under appeal.

   C.   Hearing; Decision: At a regular council meeting, the council shall hold a hearing on the appeal within thirty (30) days of the administrator's certification of the transcript and record on appeal. The appeal shall be based and heard solely upon the record before the commission. Each party may not present more than fifteen (15) minutes of oral argument to the council. The council shall enter an order within thirty (30) days after the hearing affirming, reversing or modifying the commission's decision. The order shall contain a statement of the reasons for the council's decision. (Ord. 1191, 2015)

Any denial or revocation of a conditional use permit required pursuant to this article, and all appeals related thereto, shall follow the procedures set forth in chapter 17.11 of this title. (Ord. 1191, 2015)

A person who violates any provision of this article shall be guilty of a misdemeanor, punishable by a fine not to exceed three hundred dollars ($300.00), or imprisonment for not more than thirty (30) days, or both such fine and imprisonment. Each day that a violation of this article occurs shall be deemed a separate offense. In addition, the city may seek to enforce this article by appropriate civil remedies and/or revocation of a permit issued hereunder. Any violation of chapter 17.11 of this title regarding conditional use permits shall be considered a separate and concurrent violation and penalties shall be assessed as set forth in chapter 17.15 of this title. (Ord. 1191, 2015)

   A.   Title: This article, together with the amendments thereto, shall be known and may be cited as the HAILEY OUTDOOR LIGHTING ORDINANCE.

   B.   Purposes: The general purpose of this article is to protect and promote the public health, safety and welfare, the quality of life, and the ability to view the night sky, by establishing regulations and a process for review of exterior lighting. This article establishes standards for exterior lighting in order to accomplish the following:

      1.   To provide safe roadways for motorists, cyclists and pedestrians;

      2.   To protect against direct glare and excessive lighting;

      3.   To ensure that sufficient lighting can be provided where needed to promote safety and security;

      4.   To prevent light trespass in all areas of the city;

      5.   To protect and reclaim the ability to view the night sky;

      6.   To allow for flexibility in the style of lighting fixtures;

      7.   To provide lighting guidelines;

      8.   To provide assistance to property owners and occupants in bringing nonconforming lighting into conformance with this article; and

      9.   To work with other jurisdictions within Blaine County to meet the purposes of this article. (Ord. 1191, 2015)

All exterior lighting installed after the effective date hereof shall conform to the standards established by this article. (Ord. 1191, 2015)

All existing exterior lighting installed before the effective date hereof shall be brought into conformance with this article, except section 17.08C.040.03 of this article, within the following time periods:

   A.   All existing exterior lighting located on a subject property that is part of an application for design review approval, a conditional use permit, subdivision approval or a building permit is required to be brought into conformance with this article before issuance of a certificate of occupancy, final inspection or final plat recordation, when applicable. For other permits, the applicant shall have a maximum of thirty (30) days from date of permit issuance to bring the lighting into conformance.

   B.   All other existing exterior lighting on property used for commercial purposes that is not in conformance with this article shall be brought into conformance with this article.

   C.   All existing exterior lighting on property used for residential, institutional, public and semipublic uses, not affected by subsection A of this section, that does not comply with this article is required to be brought into conformance with this article.

   D.   All existing exterior lighting subject to the street lighting master plan, referenced by Hailey ordinance 1057 and adopted by resolution 2010-11, shall be brought into conformance with this article as specified by the street lighting master plan. (Ord. 1191, 2015)

Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application:

AREA LIGHT: A luminaire equipped with a lamp that produces over one thousand eight hundred (1,800) lumens. Area lights include, but are not limited to, streetlights, parking lot lights and yard lights. (See section 17.08C.040.05, table 1 of this article for light output of various lamps.)

AVERAGE HORIZONTAL FOOT-CANDLE: The average level of illuminance for a given situation (with snow cover if that is to be expected in the given situation) measured at ground level with the light meter placed parallel to the ground.

BUILDING OFFICIAL: The city of Hailey building official.

EIGHTY FIVE DEGREE CUTOFF TYPE OF LUMINAIRES: Luminaires that do not allow light to escape above an eighty five degree (85o) angle measured from a vertical line from the center of the lamp extended to the ground (see section 17.08C.040.05, figure 2 of this article).

EXTERIOR LIGHTING: Temporary or permanent lighting that is installed, located or used in such a manner to cause light rays to shine outdoors. Luminaires that are indoors that are intended to light something outside are considered exterior lighting for the purpose of this article.

FLOODLIGHT: A lamp that produces up to one thousand eight hundred (1,800) lumens and is designed to flood a well defined area with light. (See section 17.08C.040.05, table 1 of this article for light output of various lamps.)

FOOT-CANDLE (FC): The American unit used to measure the total amount of light cast on a surface (illuminance). One foot- candle is equivalent to the illuminance produced by a source of one candle at a distance of one foot (1'). For example, the full moon produces .01 s; s are measured with a light meter. One foot-candle is approximately equal to ten (10) lux, the British unit used to measure illuminance.

FULL CUTOFF LUMINAIRES: A luminaire designed and installed where no light is emitted at or above a horizontal plane running through the lowest point on the luminaire (see section 17.08C.040.05, figure 1 of this article).

FULLY SHIELDED: The luminaire incorporates a solid barrier (the shield), which permits no light to escape through the barrier (see section 17.08C.040.05, figure 4 of this article).

GLARE: Stray, unshielded light striking the eye that may result in: a) nuisance or annoyance glare, such as light shining into a window; b) discomfort glare, such as bright light causing squinting of the eyes; c) disabling glare, such as bright light reducing the ability of the eyes to see into shadows; or d) reduction of visual performance.

HOLIDAY LIGHTING: Strings of individual lamps, where the lamps are at least three inches (3") apart and the output per lamp is not greater than fifteen (15) lumens.

IESNA: Illuminating Engineering Society Of North America (IES or IESNA). The professional society of lighting engineers.

IESNA RECOMMENDED PRACTICES: The current publications of the IESNA setting forth illuminance levels.

ILLUMINANCE: The amount of light falling on any point of a surface measured in foot-candles or lux.

INDUCTION LIGHTING: A light source that transmits energy via an electromagnetic field, without the metal electrical contacts used to conduct electricity from the fixture to the light emitting gas inside the lamp, which increases the energy efficiency and life span compared to traditional lamp types.

LED (LIGHT EMITTING DIODE) LIGHTING: A semiconductor light source available across the visible, ultraviolet and infrared wavelengths, capable of producing a greater number of lumens per watt and having a longer life span compared to traditional lamp types.

LAMP: The generic term for an artificial light source, to be distinguished from the whole assembly (see definition of Luminaire). Commonly referred to as "bulb".

LIGHT: The form of radiant energy acting on the retina of the eye to make sight possible.

LIGHT POLLUTION: Any adverse effect of manmade light, including, but not limited to, discomfort to the eye or diminished vision due to glare, light trespass, uplighting, the uncomfortable distraction to the eye, or any manmade light that diminishes the ability to view the night sky.

LIGHT TRESPASS: Light falling on the property of another or the public right of way when it is not required to do so.

LIGHTING: Any or all parts of a luminaire that function to produce light.

LIGHTING ADMINISTRATOR: A city official designated by the planning and zoning administrator to administer, interpret and enforce the Hailey outdoor lighting ordinance, and make recommendations thereunder.

LUMEN: The unit used to quantify the amount of light energy produced by a lamp at the lamp. Lumen output of most lamps is listed on the packaging. For example, a sixty (60) watt incandescent lamp produces nine hundred fifty (950) lumens, while a fifty five (55) watt low pressure sodium lamp produces eight thousand (8,000) lumens.

LUMINAIRE: A complete lighting unit, consisting of a lamp or lamps, together with the parts designed to distribute the light, to position and protect the lamps and to connect the lamps to the power. When used, includes ballasts and photocells. Commonly referred to as "fixture".

MAINTAINED ILLUMINANCE: The condition that occurs after two hundred (200) hours of lamp use prior to a point where luminaire cleaning is necessary. Measurements are taken at ground level with sensor parallel to the ground for horizontal illuminance and measured at five feet (5') aboveground with sensor perpendicular to the ground for vertical illuminance.

NONESSENTIAL LIGHTING: Lighting that is not necessary for an intended purpose after the purpose has been served. Does not include any lighting used for safety and/or public circulation purposes.

PARTIALLY SHIELDED: The luminaire incorporates a translucent barrier, the "partial shield" around the lamp that allows some light to pass through the barrier while concealing the lamp from the viewer (See section 17.08C.040.05, figure 3 of this article).

PLANNING AND ZONING ADMINISTRATOR: The city of Hailey planning and zoning administrator.

SKYGLOW: The overhead glow from light emitted sideways and upwards. Skyglow is caused by the reflection and scattering of light by dust, water vapor and other particles suspended in the atmosphere. Skyglow reduces one's ability to view the night sky.

STREET LIGHTING MASTER LIGHTING PLAN: An exterior luminaire plan, established by Hailey zoning ordinance 1057, for existing luminaires owned and maintained by Idaho Power.

TEMPORARY LIGHTING: Lighting that is intended to be used for a special event for seven (7) days or less.

UPLIGHTING: Fully shielded lighting that is directed in such a manner as to shine light rays above the horizontal plane. (Ord. 1191, 2015) !DEFEND!

   A.   Design, Location: All exterior lighting shall be designed, located and lamped in order to prevent:

      1.   Overlighting;

      2.   Energy waste;

      3.   Glare;

      4.   Light trespass;

      5.   Skyglow.

   B.   Nonessential Exterior: All nonessential exterior commercial and residential lighting should be turned off after business hours and/or when not in use. Lights should be on a timer. Security lighting should be sensor activated.

   C.   Installation Of Luminaires: Idaho Power shall not install any luminaires after the effective date hereof that lights the public right of way without first receiving approval for any such application by the lighting administrator.

   D.   Full Cutoff Luminaires: All exterior lighting shall be full cutoff luminaires with the light source downcast and fully shielded, unless exceptions are specified in section 17.08C.040.02, "Type Of Luminaires", of this article. (Ord. 1191, 2015)

All exterior lighting shall use full cutoff luminaires with the light source downcast and fully shielded, with the following exceptions:

   A.   Luminaires Unshielded: All luminaires, excluding LED or induction lighting, that have a maximum output of four hundred (400) lumens per fixture, regardless of number of lamps (equal to one 40-watt incandescent light), may be left unshielded, provided the luminaire has an opaque top or is under an opaque structure (see section 17.08C.040.05, figure 5 of this article).

   B.   Luminaires Partially Shielded: All luminaires, excluding LED or induction lighting, that have a maximum output of one thousand (1,000) lumens per fixture, regardless of number of lamps (equal to one 60-watt incandescent light) may be partially shielded, provided the lamp is not visible, and the luminaire has an opaque top or is under an opaque structure (see section 17.08C.040.05, figure 3 of this article).

   C.   Floodlights With External Shielding: Floodlights with external shielding shall be angled; provided, that no light is directed above a twenty five degree (25o) angle measured from the vertical line from the center of the light extended to the ground, and only if the luminaire does not cause glare or light to shine on adjacent property or public rights of way (see section 17.08C.040.05, figure 6 of this article). Floodlights should use photocells with timers and should go on at dusk and off by eleven o'clock (11:00) P.M.

   D.   Residential Holiday Lighting: Residential holiday lighting from November 1 to February 1. Flashing holiday lights on residential properties are discouraged. Holiday lights should be turned off by eleven o'clock (11:00) P.M.

   E.   Commercial Holiday Lighting: Commercial holiday lighting from November 1 to March 15. Flashing holiday lights are prohibited. Holiday lights should be turned off after the close of business.

   F.   Sensor Activated Luminaires: Sensor activated luminaires, provided:

      1.   It is located in such a manner as to prevent glare and lighting onto properties of others or into a public right of way;

      2.   The luminaire is set to only go on when activated and to go off within five (5) minutes after activation has ceased;

      3.   The luminaire shall not be triggered by activity off the property.

   G.   Vehicular And Emergency Lights: Vehicular lights and all temporary emergency lighting needed by the fire and police departments, or other emergency services.

   H.   Flags: Uplighting for flags, provided the flag is of a government and the maximum lumen output is one thousand three hundred (1,300) lumens. Flags should be taken down at sunset to void the need for lighting.

   I.   Radio, Communication And Navigation Towers: Lighting of radio, communication and navigation towers, provided the owner or occupant demonstrates that the federal aviation administration (FAA) regulations can only be met through the use of lighting that does not comply with this article, and that the provisions of subsection 17.08B.070.04D of this chapter are otherwise met.

   J.   Airport Lighting: Lighting at Friedman Memorial Airport, provided the owner or occupant demonstrates that the federal aviation administration (FAA) regulations can only be met through the use of lighting that does not comply with this article.

   K.   Neon Lights: Neon lights permitted pursuant to the sign ordinance, section 17.08A.020 of this chapter.

   L.   Playing Fields: Luminaires used for playing fields, provided the light is used only while the field is in use and illuminance levels listed in the most current IESNA recommended practices are not exceeded. The city of Hailey recognizes that not every playing field will require lighting to the extent listed in the most current IESNA recommended practices. (Ord. 1191, 2015)

   A.   Parking Area: Parking area luminaires shall be no taller than seventeen feet (17') from the ground to their tallest point. Parking area lights should be greater in number, lower in height and lower in light level, as opposed to fewer in number, higher in height and higher in light level.

   B.   Freestanding On Private Property: Freestanding luminaires on private property in residential zones shall be mounted at a height equal to or less than the sum of H=(D/3)+3, where D is the distance in feet to the nearest property boundary, but shall not be higher than fifteen feet (15') from ground level to the top of the luminaire, whichever is less. Example:

 

 

   C.   Streetlights: Streetlights used on arterial roads may exceed twenty five feet (25') in height, with the recommendation by the city engineer, and only with a finding that exceeding twenty five feet (25') is necessary to protect the safety of the residents of Hailey.

   D.   Playing Fields: Luminaires used for playing fields, shall be exempt from the height restriction if the light is used only while the field is in use. Illuminance levels listed in the most current IESNA recommended practices shall not be exceeded. The city of Hailey recognizes that not every playing field will require lighting to the extent listed by the most current IESNA recommended practices. (Ord. 1191, 2015)

   A.   Energy Efficiency:   LED, induction or some other form of energy efficient lighting should be used whenever possible.

   B.   Walkways: Illuminance levels for parking lots, sidewalks and other walkways affected by side mounted building lights, and freestanding sidewalk lights (not streetlights) shall not exceed illuminance levels listed in the most current IESNA recommended practices. The city of Hailey recognizes that not every such area will require lighting or lighting to the extent recommended by the most current IESNA recommended practices.

   C.   Parking Lots: Parking lot lighting shall not exceed an overall average illumination of one and five-tenths (1.5) foot-candles.

   D.   Streetlights: Streetlights shall be high pressure sodium, low pressure sodium or metal halide, or a more energy efficient type. All streetlights within all zoning districts shall be a maximum of one hundred (100) watts hps, or have a maximum lumen output of nine thousand five hundred (9,500), except lights at traffic signal controlled intersections on state highways shall be a maximum of two hundred fifty (250) watts hps, or a maximum lumen output of twenty seven thousand five hundred (27,500). If a light type other than high pressure sodium is used, then the equivalent output shall be the maximum for the other light type (see section 17.08C.040.05, table 1 of this article). LED and induction lights do not have an equivalent lumens output compared to traditional light types found in section 17.08C.040.05, table 1 of this article; therefore, the number of foot-candles shall not exceed those compared to the initial lumens of existing compliant streetlights with the same placement height.

   E.   Light Trespass: All existing and/or new exterior lighting shall not cause light trespass and shall protect adjacent properties from glare and excessive lighting. (Ord. 1191, 2015)

The figures and information sheets shall be incorporated into this article as guidelines for the public and the city. The city does not endorse or discriminate against any manufacturer or company that may be shown, portrayed or mentioned by the examples.

   FIGURE 1

 

   TABLE 1

 

Table 2 of this section lists the maximum lumen levels guidelines at various heights above ground level. The maximum lumens levels should only be exceeded if there are design constraints or other site specific factors that would jeopardize safety. A detailed explanation for lumen amounts in excess of the guidelines shall be provided by the owner/occupant or developer.

   TABLE 2

   MOUNTING HEIGHT/LAMP OUTPUT RECOMMENDATIONS

 

   (Ord. 1191, 2015)

   A.   Lighting Plan Required: All applications for design review, conditional use permits, planned unit developments, subdivision approvals, applicable sign permits or building permits shall include lighting plans showing location, type, height, lumen output and illuminance levels in order to verify that lighting conforms to the provisions of this article.

   B.   Review For Compliance: The lighting administrator shall review any new exterior lighting or any existing exterior lighting on subject property that is part of an application for design review, conditional use permit, planned unit development, subdivision approval, applicable sign permits or building permits, to determine whether the exterior lighting complies with the standards of this article.

   C.   Recommendation: The lighting administrator shall convey in writing a recommendation whether the exterior lighting complies with the standards of this article to the building official, the Hailey hearing examiner, the Hailey planning and zoning commission, or the Hailey mayor and city council, as the case may be, concurrently with the review or hearing on a building permit, design review, conditional use permit, planned unit development, subdivision application or applicable sign permit.

   D.   Decision Of Lighting Administrator; Appeal: For all other exterior lighting which must conform to the requirements of this article, the lighting administrator shall issue a decision whether the exterior lighting complies with the standards of this article. All such decisions may be appealed to the Hailey planning and zoning commission within thirty (30) days of the decision. (Ord. 1191, 2015)

If the lighting administrator finds that any provision of this article is being violated, the lighting administrator shall give notice by hand delivery or by certified mail, return receipt requested, of such violation to the owner and/or to the occupant of such premises, demanding that the violation be abated within thirty (30) days of the date of hand delivery or of the date of mailing of the notice. The planning department staff shall be available to assist in working with the violator to correct said violation. If the violation is not abated within the thirty (30) day period, the lighting administrator may institute actions and proceedings, either legal or equitable, to enjoin, restrain or abate any violations of this article. (Ord. 1191, 2015)

   A.   Purpose: The City of Hailey recognizes that land use, population growth, and community character are interrelated, and that social well-being and diversity are tied to the availability of an array of housing types and sizes available for sale and for rent at various price points. Accessory dwelling units and tiny homes on wheels, when thoughtfully designed, can simultaneously complement the fabric of existing neighborhoods, increase the supply of available housing, and sustainably accommodate population growth.

The purpose of this section is to address supplemental design and quality of life for accessory dwelling units and tiny homes on wheels with the intent of reinforcing the preceding and following statements, which are reflective of statements and goals expressed in the comprehensive plan:

      1.   Hailey is a community that believes livability and quality of life can be maintained and enhanced only with strong, diverse residential neighborhoods. Further, the community recognizes its identity to include being a place primarily comprised of full-time residents and being a community where the workforce can reside.

      2.   The City of Hailey seeks to accommodate population growth in a balanced manner, with "infill" development and redevelopment of existing lands in City limits being two strategies. Accessory dwelling units and tiny homes on wheels provide opportunities for infill development and redevelopment.

      3.   Many social benefits are realized when workers live in their own community. Quality of life and safety improve when critical care employees live within close responding distance. Children do better in school when parents are at home in the mornings and evenings. Homeowners are more active in their communities, creating a greater vibrancy and sense of unity.

      4.   Accessory dwelling units and tiny homes on wheels add to the diversity of housing unit types, additionally supporting the flexibility and convenience for residents seeking housing within the City. (Ord. 1320, 2023; Ord. 1275, 2021)

The standards of this section apply to all accessory dwelling units created after February 10, 2021, whether created by new construction, addition, or conversion of an existing building or area within an existing building; and to all tiny homes on wheels established after March 13, 2023. (Ord. 1320, 2023; Ord. 1275, 2021)

   A.   Accessory dwelling units may be located within, or attached to, a principal building or may be located within a detached accessory building. Detached accessory dwelling units may comprise the entirety of the accessory building or may comprise part of the floor area of an accessory building with another permitted accessory use or uses comprising the remaining floor area.

   B.   Only one (1) accessory dwelling unit or one tiny home on wheels is permitted on a lot, as an accessory to a single-family dwelling unit.

   C.   Accessory dwelling units and tiny homes on wheels are only permitted in conjunction with single-family residences in residential zones. In the Townsite Overlay, Transitional and SCI zones accessory dwelling units are permitted in conjunction with commercial buildings. In Business, Limited Business and Neighborhood Business one (1) or more residential unit(s) are considered mixed-use.

   D.   Accessory dwelling units and tiny homes on wheels in the Special Flood Hazard Area (SFHA) shall have the top of the lowest floor elevated no lower than the flood protection elevation as defined in section 17.04J.020, "Definitions", of the Hailey Municipal Code. For new construction or substantial improvements in the SFHA, all applicable requirements of Article 17.04J. Flood Hazard Overlay District (FH) shall apply.

   E.   Tiny homes on wheels are subject to the same standards as accessory dwelling units, including design review standards, except where specifically noted herein.

   F.   If tiny homes on wheels (THOW) are removed from Hailey's Municipal Code as an allowable use, no THOW structure shall be considered legally non-conforming. (Ord. 1320, 2023; Ord. 1275, 2021)

   A.   All accessory dwelling units created after February 10, 2021 and all tiny homes on wheels established after March 13, 2023 shall be issued a compliance certificate as a prerequisite for a certificate of occupancy.

   B.   Tiny homes on wheels shall be registered or permitted annually with the Idaho Transportation Department Division of Motor Vehicles. (Ord. 1320, 2023; Ord. 1275, 2021)

   A.   Accessory Dwelling Units:

      1.   Where a lot contains both a primary dwelling unit and an accessory dwelling unit (ADU), only one dwelling unit shall be utilized for short-term occupancy; and

      2.   When one dwelling unit is utilized for short-term occupancy, the other dwelling unit shall be owner-occupied or utilized as a long-term rental, with long-term occupancy being a period of thirty-one (31) days or more.

   B.   Tiny Homes On Wheels (THOW):

      1.   THOWs are restricted for long-term use (thirty one (31) days or longer) only. (Ord. 1320, 2023; Ord. 1275, 2021)

   A.   Accessory Dwelling Units:

      1.   Scale: The floor area of an accessory dwelling unit (ADU) is limited to no more than sixty-six percent (66%) of the gross square footage of the principal building, or the maximum floor area permitted for an ADU based on the lot size or zone, whichever is less.

      2.   Maximum floor area:

 

 

      3.   Number of bedrooms: Accessory dwelling units may have a maximum of two (2) bedrooms.

   B.   Tiny Homes On Wheels (THOWs):

      1.   The footprint of tiny homes on wheels shall be limited between one hundred (100) to four hundred (400) square feet in size. (Ord. 1320, 2023; Ord. 1275, 2021)

   A.   Outdoor Access: All accessory dwelling units and tiny homes on wheels, shall have a designated area to access the outdoors. Examples include a balcony, porch, deck, paver patio, or yard area delineated by fencing, landscaping, or similar treatment so as to provide for private enjoyment of the outdoors. This area shall be no less than fifty (50) square feet in size. The outdoor access area shall be approved through the administrative design review process. (Ord. 1320, 2023; Ord. 1275, 2021)

   A.   Building Standards:

      1.   All tiny homes on wheels shall meet the NOAH+ Standards, in addition to and except where they are superseded by the requirements for Hailey's climatic conditions, listed herein.

      2.   Additional Requirements For Hailey's Climatic Conditions:

         a.   Insulation:

            (1)   Minimum Insulation R-Values:

               (A)   Walls: R-19;

               (B)   Floors: R-20;

               (C)   Roof/ceiling: R28.

         b.   Vapor retarders shall be in accordance with the International Residential Code (IRC).

         c.   Windows and doors shall have a maximum 0.30 U-factor.

         d.   Roof snow loads shall meet the site-specific requirements set forth in Chapter 15.08: Building Code, Section 15.08.020: Amendment of Codes.

   B.   Inspections:

      2.   A certificate of approval from the inspector shall be submitted to the Community Development Department for further review, approval, and issuance of the Compliance Certificate.

   C.   Establishing The THOW:

      1.   Location/Placement:

         a.   The THOW shall meet the setbacks for the Zoning Districts in which it is located.

      2.   Blocking And Anchoring:

         a.   The tiny homes on wheels chassis shall be maintained level, supported by blocks at a minimum of eight (8) points, one (1) per corner and two (2) per wheel well, and anchored to the ground.

         b.   Only a tongue jack shall be used on a full-time basis. No other jacks shall be used on a long-term (thirty one (31) days or more) basis.

      3.   Exterior Attachments:

         a.   Exterior attachments such as porches, decks, lean-tos, or sheds are permitted; however, they must be affixed in a manner that is freestanding or removable and allows for towing where appropriate.

         b.   Porches and decks shall be lower than eighteen inches (18") unless located in any flood hazard plain.

         c.   Detached or attached accessory structures (e.g., sheds) shall comply with the regulations outlined in Chapter 17.07 of Hailey's Municipal Code.

      4.   Skirting:

         a.   Skirting is required and shall be installed to enclose all open space between the THOW and the ground.

         b.   The skirting shall screen the wheels and aesthetically compliment, or continue the THOW siding, as approved through Administrative Design Review.

      5.   Municipal Service And Utility Connections:

         a.   All municipal and utility connections are subject to City standards, inspections, and policies.

         b.   Water And Wastewater:

            (1)   Tiny homes on wheels shall connect to municipal water and wastewater systems through the connection serving the primary residence, or via an additional, separate connection to the water or wastewater main lines.

            (2)   Water connections serving THOW shall remain separate from all secondary connections (e.g., irrigation lines).

            (3)   Insulating THOW water and wastewater connections, to prevent freezing, is the sole responsibility of the THOW owner. (Ord. 1320, 2023)

The general purpose of this article is to encourage the expansion of solar energy development for heating air and water, and producing electricity in homes and businesses, as long as disruption to the site-specific natural topography, riparian areas, wetlands, and hazard areas or impacts to the Friedman Memorial Airport are mitigated and/or avoided. (Ord. 1318, 2023)

The placement, use, or modification of a solar energy system shall be an allowed use in all zoning districts, except the Recreational Green Belt (RGB), provided the system meets zoning standards outlined in subsections A through I of this section, and section 17.08E.020 of this chapter. To lawfully install a solar energy system, an Alternative Energy Review Form shall be required.

The following shall be found to be true prior to issuance of a building permit:

   A.   Photovoltaic solar (collector) panels are certified by the Solar Collector and Certification Corporation (SRCC);

   B.   Solar energy system panels and mounts are installed per manufacturer's specifications;

   C.   Solar panels mount systems located on roofs are installed to meet the International Building Code standards for wind and snow loads. If panels do not contain wind and snow load specification or circumstances require a modification to installation per the manufacturer's specifications, an engineer shall review and certify that the modifications meet wind and snow load standards as outlined in the International Building Code and as amended by the City of Hailey;

   D.   The building official has reviewed mounting plans to ensure the roof structural integrity is maintained;

   E.   BIPV and roof-mounted panels do not exceed five feet (5') from the top of the structure;

   F.   Ground and pole mounted solar collectors are firmly anchored, and:

      1.   Do not exceed ten feet (10') from natural grade; or

      2.   Panels located on isolated slopes do not exceed ten feet (10') above record grade;

      3.   Are exempt from lot coverage calculations;

      4.   Are located on private property only, and not within the public right-of-way;

   G.   Solar energy system is located in a building envelope or is located outside the building envelope and is not located within an overlay district, or has been found to comply with the standards set out in section 17.08E.030 of this chapter;

   H.   Solar energy system setbacks are subject to supplementary location and bulk requirements for detached accessory structures, as outlined in 17.07.010;

   I.   No solar development shall be permitted in the Recreational Green Belt (RGB);

   J.   All solar development is subject to the standards and purview of the local utility provider;

   K.   All residential solar development must comply with Section 324: Solar Energy Systems of the International Residential Code;

   L.   All commercial solar development must comply with Section 1204: Solar Photovoltaic Power Systems of the International Fire Code;

   M.   All solar installations must comply with the applicable provisions of the National Electrical Code. (Ord. 1318, 2023)

Solar or alternative energy permit applications located in an overlay district have the burden of demonstrating compliance with each of the standards of evaluation as set forth in this section.

   A.   Townsite Overlay District:

      1.   Roof-mounted solar systems may extend an additional five feet (5') beyond the maximum building height allowance of the zoning district in which it is located and must be equal to or less than the roof area.

      2.   Ground-mounted solar systems must be equal to or less than half of the yard area and no higher than ten feet (10') from record grade and is exempt from lot coverage calculations so long as the surface underneath is pervious.

   B.   Hillside Overlay:

      1.   Solar development is encouraged to occur on areas of lowest elevation on hillside properties where such areas are a part of the parcel or lot under consideration.

      2.   A reflection analysis from a qualified professional shall demonstrate the angle of the collector panels do not create a line-of-sight reflection as viewed from the air traffic control tower.

   C.   Special Flood Hazard Overlay District:

      1.   All solar development in the Special Flood Hazard Overlay is subject to standards A1-A7, A9-A18, and B7 as outlined in section 17.04J.060 of this title. (Ord. 1318, 2023)

Solar or Alternative Energy Permit Applications located in the proposed North Critical Zone and Lateral Safety Zone of the Friedman Memorial Airport shall demonstrate compliance with each of the standards of evaluation set forth in this section.

   A.   Solar development located in the proposed North Critical Zone and Lateral Safety Zone are subject to review and/or consultation with the Airport Director.

   B.   Based on the Airport Director's review, the applicant may need to submit Form 7460-1 to the Federal Aviation Administration for further review and approval.

   C.   A reflection analysis from a qualified professional shall demonstrate the angle of the collector panels do not create a line-of-sight reflection as viewed from the air traffic control tower. (Ord. 1318, 2023)