Heyburn City Zoning Code
CHAPTER 18
TELECOMMUNICATIONS TOWERS, ANTENNAS, AND RELATED FACILITIES
8-18-1: GENERAL, SCOPE, AND APPLICABILITY:
A. General: The purpose of this chapter is to provide a set of standards for the development and installation of telecommunication towers, antennas and related facilities. The regulations contained herein are designed to protect and promote public health, safety and the community welfare of the city of Heyburn, and to encourage managed development of telecommunications infrastructure, while not unduly restricting the development of needed telecommunications facilities.
B. Scope And Applicability: The city shall apply these regulations to accomplish the following:
1. Minimize adverse visual effects of telecommunication towers, antennas and related facilities through design and siting standards.
2. Maintain and ensure that a nondiscriminatory, competitive and broad range of telecommunications services and high quality telecommunications infrastructure consistent with the federal telecommunications act of 1996 are provided to serve the community.
3. Provide a process for obtaining necessary permits for telecommunications facilities while at the same time protecting the interests of the citizens of Heyburn.
4. Protect environmentally sensitive areas of the city by regulating the location, design, and operation of telecommunications facilities.
5. Encourage the use of alternative support structures, collocation of new antennas on existing telecommunications towers, camouflaged towers, and construction of towers with the ability to collocate more than one provider.
6. Protect the community’s visual quality and safety while facilitating the reasonable and balanced provision of telecommunications services. More specifically, it is the city’s goal to minimize the visual impact of towers on the community, particularly in and near residential zones and in and along highly visible corridors.
7. Establish clear guidelines and standards and an orderly process for review intended to facilitate the deployment of telecommunications equipment, to provide advanced communication services to the city, its residents, businesses, and community at large.
8. Avoid potential damage to property caused by towers, facilities, and antennas by ensuring such structures are soundly and carefully designed, constructed, modified, maint ained, repaired, and removed when no longer used; and
9. Provided regulations which are specifically not intended to, and shall not be interpreted or applied to, i) prohibit or effectively prohibit the provision of telecommunications services, ii) discriminate among functionally equivalent service providers, or iii) regulate facilities and transmission equipment on the basis of the environmental effects of radio frequency emissions to the extent that such emissions comply with the standards established by the Federal Communications Commission.
Furthermore, this chapter is not intended to regulate residential satellite dishes or residential television antennas that are used privately. Additionally it is not intended to regulate satellite dishes/antennas whose regulation is prohibited by Idaho statutes or as preempted by federal law. (Ord. 441, 7-24-2002; amd. Ord. 2024-685, 4-10-2024)
8-18-2: DEFINITIONS:
For the purpose of this chapter, certain terms, phrases, or words used herein shall be defined as follows:
ALTERNATIVE SUPPORT STRUCTURE: | Clock towers, steeples, silos, light poles, water towers, buildings or similar structures that may support telecommunication facilities. |
ANTENNA: | An exterior transmitting or receiving device mounted on a tower, pole, building or other structure and used in communications that sends or receives wireless signals, radio frequencies or other signals. |
ANTENNA, GROUND MOUNTED: | Any antenna with its base placed directly on the ground. |
ANTENNA, UTILITY POLE MOUNTED: | An antenna attached, without regard to mounting, to or upon an existing or replacement electric transmission or distribution pole, streetlight, traffic signal, athletic field light, utility support structure, or other similar structure approved by the city’s planning and zoning commission. |
APPLICANT: | Any person engaged in the business of providing telecommunications services or the infrastructure required for telecommunications services and who submits an application. |
APPLICATION: | A written request, on a form provided by the city, for a permit. |
BUILDING: | Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, or property of any kind. |
COLLOCATION: | The mounting or installation of equipment on a tower, pole, building or other structure for the purpose of transmitting or receiving radio frequency signals for communications purposes. |
EASEMENT: | As used in this chapter, shall mean an easement granted to or reserved by the City for municipal or public purposes, including, but not limited to: access to City property; use of land for access by the City to utilities, or use of land to place City utilities upon; or access to utilities or use of land by franchisees or use by other authorized third party utility providers, as provided in Idaho Code section 50-329A, or by other providers or persons, or otherwise provided by law. |
FAA: | The Federal Aviation Administration. |
FCC: | The Federal Communications Commission. |
HEIGHT, TELECOMMUNICATIONS TOWER: | The distance measured from the original grade at the base of the tower to the highest point of the tower. This measurement excludes any attached antennas, protection devices (e.g., lightning rods) and lighting. |
LAWS: | Collectively, any and all federal, state, or local law, statute, common law, code, rule, regulation, order, resolution or ordinance. |
MACRO CELL: | An antenna or antennas mounted on or in a tower, ground-based mast, rooftops or structures, at a height that provides coverage to a large surrounding area. |
MONOPOLE: | A telecommunications tower of a single pole design. |
OPERATION (TELE- COMMUNICATIONS): | Other than nominal use; when a facility is used regularly as an integral part of an active system of telecommunications it shall be deemed in operation. |
ORDINARY MAINTENANCE OR REPAIR: | Inspection, testing or repair that maintains functional capacity, aesthetic, and structural integrity of the associated structure, pole or tower, and that does not involve disturbing any portion of the easement. |
PERMIT: | A permit issued and described in accordance with laws, which is used to regulate, monitor and control improvements, construction or excavation activities, or other work or activity within or outside of the easement. |
PERSON: | An individual, corporation, limited liability company, partnership, association, trust, or any other entity or organization. |
PLATFORM (ANTENNAS): | A support system that may be used to connect antennas and antenna arrays to telecommunication towers or alternative support structures. |
PROVIDER: | A service provider or infrastructure provider and includes any person that owns or operates facilities within or outside of the easement. |
REPLACE OR REPLACEMENT: | In connection with facilities and a corresponding pole, structure or tower, to replace the same with something that is substantially similar in design, size, color and scale to the existing facilities or structure. |
SATELLITE DISH: | A device incorporating a reflective surface that is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite dishes. |
STATE: | The State of Idaho. |
STEALTH: | A design that minimizes the visual impact of towers, antennas, and facilities by camouflaging, disguising, screening, or blending them into the surrounding environment. Examples of stealth design include, but are not limited to, facilities disguised as trees (monopines), flagpoles, utility and light poles, bell towers, clock towers, ball field lights, and architecturally screened roof-mounted antennas or flush-mounted antennas that are either painted to match or enclosed in an architecturally-applicable box. |
TELE- COMMUNICATION FACILITY: | A facility, site, or location that contains one or more antennas, telecommunication towers, alternative support structures, other similar communication devices, and support equipment which is used for transmitting, receiving, or relaying telecommunications signals. |
TELE- COMMUNICATION SUPPORT FACILITY: | The telecommunication equipment buildings and equipment cabinets. |
TOWER: | Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless services including, but not limited to, private, broadcast and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. Towers include camouflaged or stealth towers, lattice towers, guyed towers, and monopole towers. |
TOWER, CAMOUFLAGED OR STEALTH: | Any telecommunications tower that due to design or appearance entirely or partially hides, obscures, or conceals the presence of the tower and antennas. |
TOWER FARM: | A parcel of ground on which multiple telecommunications towers or antennas are located and clustered together on a single parcel for economic, aesthetic, or other reasons. |
TOWER, GUYED: | A telecommunications tower that is supported in whole or in part by guywires and ground anchors or other means of support besides the superstructure of the tower itself. |
TOWER, LATTICE: | A telecommunication tower that consists of vertical and horizontal supports and crossed metal braces. |
TRANSMISSION EQUIPMENT: | Equipment that facilitates transmission for any FCC-licensed or authorized wireless service, including, but not limited to, radio transceivers, antennas, microwave dishes, coaxial or fiber-optic cable, and regular and backup power supplies. The term includes equipment associated with wireless services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. (Ord. 582, 4-27-2016; amd. Ord. 2024-685, 4-10-2024) |
8-18-3: EXEMPTIONS:
The following shall be permitted without city review and approvals:
A. Receive Only Antennas: The use of all television antennas, satellite dishes and receive only antennas for private television reception, provided the use is accessory to the primary use of the property.
B. Amateur Radio: This chapter shall not govern the installation of any antenna and their supporting towers, poles and masts that is owned and/or operated by a federally licensed amateur radio operator or is used exclusively for receive only antennas.
C. Utility Pole Mounted Antennas: Utility pole mounted antennas if the height of the antenna is ten feet (10') or less above the highest part of the utility pole.
D. A facility installed upon the declaration of a state of emergency by the federal, state or local government, or a written determination of public necessity by the city; except that such facility must comply with all federal and state requirements. The facility shall be exempt from the provisions of this section for up to one month after the duration of the state of emergency.
E. A temporary facility installed for providing coverage of a special event such as news coverage or a sporting event, subject to any required approvals by the city. The facility shall be exempt from the provisions of this section for up to two weeks before and one week after the duration of the special event.
F. Antennas attached to existing structures (such as office buildings, houses, or apartments) for Internet purposes and used solely for occupants of the building to which the antennas are attached as long as the height limitations of the zoning district are not exceeded and design standards are met.
G. City facilities, equipment and services, including, but not limited to, those involving police, fire, public health and safety. (Ord. 582, 4-27-2016; amd. Ord. 2024-685, 4-10-2024)
8-18-4: PERMITTED/PROHIBITED LOCATIONS:
A. Permitted Locations: Telecommunications facilities may be permitted in zoning districts as established by the official schedule of zoning regulations. (Ord. 453, 2-12-2003)
B. Prohibited Locations: No towers will be allowed in the following areas without a special use permit and variance from City Council:
1. Historic sites, as defined by local, state, or federal regulation.
2. Critical species habitats, as defined by local, state, or federal regulation.
3. Wetlands, as defined by local, state, or federal regulation.
4. Floodplains, as defined by local, state, or federal regulation. (Ord. 441, 7-24-2002; amd. Ord. 2024-685, 4-10-2024)
8-18-5: SPECIAL USE PERMIT:
An application will be submitted for approval pursuant to the procedure established in chapter 15 of this title for the location and construction of telecommunication towers or associated structures.
A. Submittal Information: Applications for telecommunication towers and associated structures will provide the following information:
1. Completed special use permit application.
2. Original signature of applicant and landowner (if the telecommunication facility is located in an easement or pursuant to a ground lease, the underlying property owner must authorize the application).
3. The name, address and telephone number of the prospective tower owner and, if applicable, the lessee of the tract of land upon which the tower is to be located.
4. The identity of applicant, landowner, and service provider and their legal status.
5. The name, address, and telephone number of the officer, agent, and/or employee responsible for the accuracy of the application.
6. A survey, showing the parcel boundaries, tower, facilities, location, access, landscaping, and fencing.
7. Color photo simulations showing the proposed location of the tower with a photo-realistic representation of the proposed tower as it would appear viewed from the nearest residential zoned property and nearest roadway, street or highway.
8. A scaled site plan clearly indicating the location, type, height, and width of the proposed tower, a depiction of all proposed transmission and reception equipment, setbacks from property lines, topography, fencing, finished color, method of camouflage, and other information deemed necessary to assess compliance with this chapter.
9. A clear and complete written statement of purpose which shall minimally include: i) a description of the objective to be achieved; ii) a to-scale map that identifies the proposed site location and the targeted service area to be benefited by the proposed project; and iii) full-color signal propagation maps with objective units of signal strength measurement that show the applicant’s current service coverage levels from all adjacent sites without the proposed site, predicted service coverage levels from all adjacent sites with the proposed site and predicted service coverage levels from the proposed site without all adjacent sites. These materials shall be reviewed and signed by a professional engineer.
10. Descriptions and diagrams of the proposed tower, facilities and antennas, manufacturer’s literature, buildings, a driveway, parking area, and fences or other security enclosures with sufficient detail to allow persons reviewing the application to understand the kind and nature of the proposed facility.
11. A written legal description of the site.
12. In the case of a leased site, a lease agreement or binding lease memorandum, which shows on its face that it does not preclude the tower owner from entering into leases on the tower with other provider(s).
13. A description of the telecommunications services that the applicant offers or provides, to persons, firms, businesses or institutions.
14. FCC license numbers and registration numbers, if applicable, and an Environmental impact study (EIS), if applicable.
15. An alternative sites analysis prepared by the applicant or on behalf of the applicant by its designated technical representative, subject to the review and approval of the planning and zoning commission, which identifies all reasonable, technically feasible, alternative locations or facilities which could provide the proposed telecommunications service. The intention of the alternative sites analysis is to present alternative strategies that could minimize the number, size, and adverse environmental impacts of towers necessary to provide the needed services to the city. The analysis shall address the potential for collocation and the potential to locate facilities as close as possible to the intended service area. It shall also explain the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives. Approval of the project is subject to the review and approval of the planning and zoning commission. The city may require independent verification of this analysis at the applicant’s expense; the consultant will be chosen by the planning and zoning commission from a list mutually agreed upon by the city and the telecommunications applicant.
16. Plans indicating security measures (e.g., access, fencing, lighting, etc.).
17. Tabular and map inventory of all of the applicant’s existing telecommunication towers that are located within the city of Heyburn and including all of the applicant’s existing towers within one thousand five hundred feet (1,500') of the city boundary. The inventory shall specify the location, height, type, and design of each of the applicant’s existing telecommunication towers, and the ability of the tower or antenna structure to accommodate additional collocation antennas.
18. A report prepared by an engineer licensed by the state of Idaho certifying the structural design of the tower and its ability to accommodate additional antennas.
19. Proof of liability insurance coverage.
20. Proof of notification to and request for approval from the FAA with respect to the tower location, height and lighting requirements.
21. Such other information as the planning and zoning commission may require.
B. Collocation: As a condition of approval of the special use permit and/or building permit all tower owners shall make available unused space for collocation of other telecommunication facilities, including space for those entities providing similar, competing services. Collocation is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service, or if the parties are unable to agree upon commercially reasonable terms and conditions.
All telecommunication support facilities shall be designed to facilitate site sharing. Special use permits or building permits for new telecommunication towers will not be issued until the applicant demonstrates that collocation on an existing facility is not feasible. Feasibility shall be determined through a review process by the planning and zoning commission.
C. Technical Review: The Community Development Department, upon direction of the city planning and zoning commission, shall hire on behalf of the city an independent technical expert to review materials submitted. The consultant will be chosen from a list mutually agreed upon by the city and the applicant. The applicant shall pay all the costs of said review. The payment to the Community Development Department shall be due upon receipt of the invoice. All fees and charges accumulated for the technical review must be paid in full prior to the issuance of the special use permit.
D. Required Submittals Following Permit Approval: For each telecommunications tower or associated structure’s special use permit approved by the city planning and zoning commission, the applicant shall submit the following before the special use permit will be issued:
1. Copies of the determination of no hazard from the FAA including any aeronautical study determination or other findings and other agencies, if applicable.
2. Copies of any environmental assessment (EA) reports, if applicable.
3. Copies of any filings submitted to the FCC shall be submitted within thirty (30) days of filing.
4. Proof of bond as security for removal. (Ord. 582, 4-27-2016; amd. Ord. 2024-685, 4-10-2024)
8-18-6: ANNUAL INFORMATION REPORT:
A. Purpose: The purpose of the annual review report is to provide the city with accurate and current information concerning the telecommunications tower owners and providers who offer or provide telecommunications services within the city, to assist the city in enforcement of this chapter, and to assist the city in monitoring compliance with the special use permit.
B. Required Submittals: All tower owners of any new or existing telecommunication tower shall submit annually on or before January 31st of each year, to the Community Development Department, an annual information report. The annual report shall include the following:
1. The tower owner name(s), address(es), phone number(s), and contact person(s).
2. Annual review fee.
3. Proof of bond as security for removal.
4. List of all collocating operators utilizing the tower.
C. Annual Report Fee: Following the special use permit approval, and every year thereafter the tower owner shall submit, on or before January 31 of each year, to the Community Development Department, an annual review fee of one hundred dollars ($100.00) for each tower site. The fee submittal is the responsibility of each tower owner. Failure to provide this information shall result in a civil forfeiture of three hundred dollars ($300.00) per day until the administrator receives the information. (Ord. 582, 4-27-2016; amd. Ord. 2024-685, 4-10-2024)
8-18-7: REMOVAL AND SECURITY FOR REMOVAL:
A. Removal: It is the express policy of the city that telecommunications facilities be removed once they are no longer in use and not a functional part of providing telecommunications service and that it is the tower owner’s responsibility to remove such facilities and restore the site to its original condition or a condition approved by the city planning and zoning commission. This restoration shall include removal of any subsurface structure or foundation, including concrete, used to support the telecommunications facility down to five feet (5') below the surface. After a telecommunications facility is no longer in operation, the tower owner shall have ninety (90) days to effect removal and restoration unless weather prohibits such efforts.
B. Security For Removal: The telecommunications tower owner shall provide to the city of Heyburn, prior to the issuance of the special use permit or the issuance of a building permit, a performance bond in the amount of twenty thousand dollars ($20,000) or a bond equal to a written estimate from a qualified tower removal contractor to guarantee that the telecommunications facility will be removed when it is no longer in operation. The City will be named as obligee in the bond and must approve the bonding company. (Ord. 441, 7-24-2002; amd. Ord. 2024-685, 4-10-2024)
8-18-8: PREEXISTING TELECOMMUNICATION TOWERS:
A. Nonconforming And Conforming: Telecommunication tower and facility owners or operators may add to, move or replace the tower and facilities upon approval of the administrator. An existing tower may be replaced by the same size of tower, increased in height a maximum of fifty feet (50'), and/or relocated or reconstructed within fifty feet (50') of its existing location to accommodate collocation subject to meeting all the applicable sections of this chapter. Routine maintenance and repair on telecommunications facilities is permitted.
B. Existing Use Review:
1. Towers Structurally Capable For Collocation: Beginning with the effective date hereof, all telecommunications tower owners, applicable to the requirements of this chapter operating in the city of Heyburn prior to the adoption of this chapter, shall provide the information required under section 8-18-5 of this chapter (except proof of bond and proof of insurance), and pay the annual fee for tower site on or before January 31 of each year. Failure to provide this information shall result in a civil forfeiture of three hundred dollars ($300.00) per day until the administrator receives the information and payment.
2. Towers Structurally Incapable For Collocation: Beginning the effective date hereof, all telecommunications tower owners, applicable to the requirements of this chapter operating in the city of Heyburn prior to the adoption of this chapter, shall provide the information required under section 8-18-5 of this chapter (except proof of bond and proof of insurance), and submit documents that the tower is structurally incapable of collocation, and pay a fee equivalent to the annual fee for each tower site on or before the following January 31. Failure to provide this information and payment shall result in a civil forfeiture of three hundred dollars ($300.00) per day until the administrator receives the information and payment. (Ord. 441, 7-24-2002; amd. Ord. 2024-685, 4-10-2024)
8-18-9: ENFORCEMENT:
A. Revocation: Grounds for revocation of the special use permit for telecommunications towers and associated structures, shall be subject to one or more of the following findings:
1. The owner of such site, service provider or tower owner fails to comply with any of the requirements of this chapter;
2. The permittee has failed to comply with the conditions of approval of the special use permit;
3. The facility has not been properly maintained; or
4. The tower has been abandoned.
B. Revocation Process: The following is the procedure for revocation of a special use permit for telecommunication towers and associated structures:
1. The owner of such site, service provider, or tower owner shall be notified by certified mail of noncompliance by the city’s Community Development Department.
2. The recipient shall comply with such notice within thirty (30) days to the satisfaction of the administrator.
3. If compliance is not obtained within thirty (30) days, the administrator shall notify the city attorney of the noncompliance and proceed with the revocation process. (Staff, to adjust for seasonal limitations, may extend this time period.)
C. Abandonment: Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned. Time may be extended upon review and approval of the administrator, if the tower owner demonstrates a good faith effort to secure new tenants. In such circumstances, the following shall apply:
1. The owner of such antenna or tower shall remove said antenna and/or tower including all supporting equipment and building(s) within ninety (90) days of receipt of notice from the Community Development Department notifying the owner of such abandonment. If removal to the satisfaction of the Community Development Department does not occur within said ninety (90) days, the city will order removal utilizing the established bond and salvage said antenna or tower and all supporting equipment and building(s). All costs of removal, including, but not limited to, damages, expenses, attorneys’ fees and restoration shall be the responsibility of the owner. If there are two (2) or more users of a single tower, then these provisions shall not become effective until all operations of the tower cease.
2. The recipient of a special use permit for a telecommunications tower under this chapter shall notify the Community Development Department when the facility is no longer in operation. (Ord. 441, 7-24-2002; amd. Ord. 2024-685, 4-10-2024)
8-18-10: STRUCTURAL DESIGN AND ENVIRONMENTAL STANDARDS:
A. Tower, Antenna And Facilities Requirements:
1. All telecommunication facilities shall be designed to blend into the surrounding environment to the greatest extent feasible.
2. All telecommunication facilities shall comply at all times with all FCC rules, regulations, and standards. To that end no telecommunication facility or combination of facilities shall produce at any time power densities in any area that exceed the FCC adopted standard for human exposure, as amended, or any more restrictive standard subsequently adopted or promulgated by the federal government. All telecommunication towers and antennas shall, at a minimum, meet the safety standards and regulations in place at the time of the issuance of the special use permit, of the FCC and FAA, Idaho Division of Aeronautics, and the Occupational Safety and Health Administration (OSHA).
3. Telecommunication towers shall be constructed out of steel, aluminum or other nonflammable material.
4. All ground mounted telecommunication towers shall be self-supporting monopoles or lattice towers except where satisfactory evidence is submitted to the planning and zoning commission that a guyed tower is required.
5. Satellite dishes shall be situated as close to the ground as possible to reduce visual impact without compromising their function.
6. Telecommunications support facilities (e.g., equipment rooms, utilities, and equipment enclosures) shall be constructed out of nonreflective materials (visible exterior surfaces only). Telecommunications support facilities shall be designed to blend in with existing architecture in the area or shall be screened from sight by mature landscaping, and shall be located or designed to minimize their visibility.
7. Telecommunications towers, facilities and antennas shall be designed and constructed in accordance with the uniform building code and other applicable state and federal requirements.
8. The maximum height of an antenna platform located on a rooftop shall be twenty feet (20') above the roof.
9. Telecommunication facilities shall not interfere with the signals of or physically obstruct existing or proposed public safety, fire protection or supervisory control and data acquisition (SCADA) operations. The facilities owner, at no cost to the city, shall correct any actual interference and obstruction.
B. Height: In the case of building mounted towers the height of the tower includes the height of the portion of the building on which it is mounted.
C. Security Lighting: Security lighting for the equipment shelters or cabinets and other on the ground ancillary equipment is permitted, as long as it complies with the city Code.
D. Current Standards: All towers, poles, antennas and related equipment must meet current standards and regulations of the FAA, the FCC and any other agency of the federal or state government with the authority to regulate towers, poles, antennas and related equipment.
E. Structural Integrity: To ensure the structural integrity of towers and poles, the towers and poles must be maintained in compliance with industry standards and applicable codes.
F. Signage: No facilities may bear any signage or advertisement(s) other than signage required by law or expressly permitted or required by the city.
G. Visual Impact: All towers, poles, facilities, and equipment in or near residential zones shall be sited and designed to minimize adverse visual impacts on surrounding properties and the traveling public to the greatest extent reasonably possible, consistent with the proper functioning of the towers, poles, facilities and equipment. Such towers, poles, facilities and equipment shall be integrated through location and design to blend in with the existing characteristics of the site. Such towers, poles, facilities, and equipment shall also be designed to either resemble the surrounding landscape and other natural features where located in proximity to natural surroundings, or be reasonably compatible with the built environment, through matching and complementary existing structures and specific design considerations such as architectural designs, height, scale, color, and texture or be reasonably consistent with other uses and improvements permitted in the relevant zone.
H. Antenna Arrays: Antenna arrays are permitted in any zone as long as they are located upon an existing structure (except on single family houses, apartments, or duplexes) that provides sufficient elevation for the array’s operation without the necessity of constructing a tower, pole, or other apparatus to extend the antenna array more than twenty feet (20') above the structure. If any tower, pole, or other apparatus exceeding the height extension of twenty feet (20') is needed to achieve the desired elevation, then a special use permit, and if applicable, height variance is required from the City Council.
I. Site Design Flexibility. Individual sites vary in the location of adjacent buildings, existing trees, topography, and other local variables. By mandating certain design standards, there may result a project that could have been less intrusive if the location of the various elements of the project could have been placed in more appropriate locations within a given site. Therefore, the tower, pole, equipment, and facilities may be installed so as to best camouflage, disguise, or conceal them to make them more closely compatible with and blend into the setting or host structure, upon approval by the city.
J. Lighting: Telecommunication towers shall not be artificially lighted unless required by the FAA or other applicable regulatory authority.
K. Site Development And Roads:
1. A leased parcel intended for the location of new telecommunication towers and associated structures shall maintain a minimum parcel size, of three thousand (3,000) square feet, subject to the approval of the City planning and zoning commission. The commission may modify the leased parcel size after public hearing and review.
2. A parcel owned by the telecommunication carrier or provider and intended for the location of a new telecommunication towers and equipment buildings shall meet the size requirements of the planning and zoning commission.
3. All sites must be served by an easement with a turnaround. The City planning and zoning commission may modify the easement and turnaround requirement after public hearing and review. All sites shall use existing access points and roads whenever possible. The applicable road jurisdiction shall approve the access point to the site.
L. Vegetation Protection And Facility Screening:
1. All telecommunications facilities shall be installed in such a manner so as to minimize disturbance to existing native vegetation and shall include suitable mature landscaping to screen the facility, where necessary to be compatible with adjoining and surrounding areas. For purposes of this section, “mature landscaping” shall mean trees, shrubs or other vegetation of a size that will provide the appropriate level of visual screening.
2. Upon project completion, the owner(s)/operator(s) of the facility shall be responsible for maintenance and replacement of all required vegetation and landscaping.
M. Fire Prevention: All telecommunication facilities shall be designed and operated in accordance with all applicable codes regarding fire prevention.
N. Noise And Traffic: All telecommunication facilities shall be constructed and operated in such a manner as to minimize the amount of disruption caused to nearby properties. To that end all the following measures shall be implemented for telecommunication facilities:
1. Noise producing construction activities shall only take place on weekdays (Monday through Friday, nonholidays) between the hours of seven o’clock (7:00) A.M. and five o’clock (5:00) P.M., except in times of emergency repair.
2. Backup generators shall only be operated during power outages and for testing and maintenance purposes. (Ord. 582, 4-27-2016; amd. Ord. 2024-685, 4-10-2024)
8-18-11: SEPARATION AND SETBACK REQUIREMENTS:
A. Separation Requirements: Minimum separation required between telecommunication towers (by tower type):
Tower type | Lattice | Guyed | Monopole |
Lattice | 2,500 feet | 3,500 feet | 1,000 feet |
Guyed | 3,500 feet | 3,500 feet | 1,000 feet |
Monopole feet | 1,000 feet | 1,000 feet | 1,000 feet |
1. Two (2) or more towers may be permitted to be located within one hundred feet (100') of each other subject to approval of special use permit or when located in a tower/antenna farm.
2. Camouflaged towers are exempt from the separation requirement between towers listed above.
3. Even when reduction in separations are allowed location or placement shall comply with separate setback requirements.
B. Setback Requirements: All setbacks shall be measured from the base of the tower or structure and are required as follows:
1. Setback requirements shall apply to new towers and antennas, existing towers or antennas are allowed to remain in their present location.
2. Setbacks from all habitable residential buildings, except buildings located on the subject parcel, shall be a distance equal to one hundred twenty five percent (125%) of the height of the tower.
3. Setbacks from all historic sites and districts shall be a distance equal to one hundred twenty five percent (125%) of the height of the tower from historic sites and districts.
4. Setbacks from property lines shall be setback a minimum of one hundred twenty five percent (125%) of the height of the tower from all property lines. This requirement does not apply to the boundary of the leased parcel unless the leased parcel boundary is also a property line. Under special circumstances the Heyburn planning and zoning commission may modify this setback requirement after public hearing and review.
5. Setback from the high-water mark of the Snake River shall be a minimum of one hundred twenty five percent (125%) of the tower height measured from the natural high-water mark.
6. All guywire anchors shall be at least one hundred feet (100') from all property lines. Under special circumstances the Heyburn planning and zoning commission may modify this setback requirement after public hearing and review. (Ord. 582, 4-27-2016; amd. Ord. 2024-685, 4-10-2024)
8-18-12: PERMITS:
A. Special Use Permit: A special use permit is required for all telecommunication towers and associated structures as established by the official schedule of zoning regulations. The administrator shall approve collocation on facilities previously approved by Heyburn planning and zoning commission administratively, provided that the applicant complies with the provisions of this chapter and provides a completed application, and application and permit fee.
B. For purposes of this section, any special use permit application shall require an applicant to notify surrounding property owners located within one (1) mile of the legal boundary of the real property where the tower is to be located. An applicant or its designee shall provide that list to the city.
C. Building Permit: A building permit will be required for all telecommunication towers and associated structures. No building permit will be required for the installation of additional equipment directly to the tower or antenna for the purpose of collocation.
D. Effect of Permit: A permit from the city authorizes an applicant to undertake only the activities specified in the application and permit, and in accordance with this chapter. A permit does not authorize attachment to or use of existing poles or other structures in the right-of-way. A permittee or provider must obtain all necessary written approval from the owner of any pole or other support structure prior to any attachment or use and such written approval shall be submitted with the permit request. A permit does not create a property right for the applicant. The applicant shall not interfere with other uses or users of the right-of-way.
E. Ordinary Maintenance or Repair: A permit shall not be required for ordinary maintenance or repair. The provider or other person performing the ordinary maintenance or repair shall obtain any other permit required by applicable laws. (Ord. 582, 4-27-2016; amd. Ord. 2024-685, 4-10-2024)
8-18-13: FEES AND BONDS:
All permits pursuant to this chapter shall be accompanied by the requisite fees required by the city. Unless otherwise agreed to in writing by the city, a performance or construction bond or other form of surety acceptable to the city equal to at least one hundred twenty five percent (125%) of the estimated cost of the work on public property or city easements shall be provided before the applicant commences work. The bond shall be released after city inspection and completion of construction to the city’s satisfaction. (Ord. 2024-685, 4-10-2024)
8-18-14: CONSTRUCTION PROVISIONS:
A. Construction: All structures shall be constructed and installed to manufacturer’s specifications and constructed to withstand wind speed as required by Industry standards.
B. As-Builts and Maps: The provider shall furnish to the City paper and electronic maps showing the location of its equipment in the easement or on other public property and as-builts after construction is completed.
C. Safety and Due Care: The provider shall employ due care during the installation, maintenance or any other work and shall comply with all safety and construction requirements of applicable laws, city guidelines, standards and practices and any additional commonly accepted safety standards.
D. Compliance with Permit: All construction practices and activities shall be in accordance with the permit and approved final plans and specifications. The city and its representatives shall be provided access to the work site and such further information as they may require to ensure compliance with such requirements. Any equipment that does not comply with the permit, the approved plans and specifications for the work, or the requirements of this chapter, shall be removed at the sole expense of the provider. The city may stop work in order to assure compliance with the provisions of this chapter.
E. Report: A written report will be prepared, signed and sealed by a professional engineer or qualified employee of the provider which assesses whether the proposed facilities demonstrate compliance with the Radio Frequency emissions limits established by the FCC.
F. Inspections:
1. The city reserves the right to conduct an inspection of new or existing towers, antenna support structures, equipment, and facilities upon reasonable notice to the owner or operator to determine compliance with this chapter and to prevent structural and equipment failures and accidents which may cause damage, injuries or nuisances to the public. Inspections may be made to determine compliance with any construction standards set forth in the city Code, federal and state laws and applicable Industry standards.
2. If, upon inspection, the city concludes that a tower, antenna support structure, equipment or facilities fail to comply with codes or standards and constitute a danger to persons or property, then upon written notice being provided to the owner or operator, the owner or operator shall have sixty (60) days to bring such into compliance with the codes and standards. Failure to bring such into compliance within said sixty (60) days shall constitute grounds for removal at the owner’s or operator’s expense.
G. Maintenance: The tower, antenna support structures, equipment and facilities shall at all times be kept and maintained in good condition, order and repair so that the same do not constitute a nuisance to or a danger to the life or property of any person or the public.
H. Commercial Purposes: Macro cell towers used for commercial purposes may be allowed on private property or public property with a special use permit and building permit in those zoning districts as authorized by the city.
I. Compliance: The submittal shall include an Idaho PE stamped foundation and structural drawings as well as a PE stamped structural analysis (the loaded tower drawing with all antennas and hardware in place and the wind loading calculations). Upon completion of construction, the macro cell tower will be inspected by a third-party professional at the expense of the tower owner. (Ord. 2024-685, 4-10-2024)
8-18-15: INDEMNIFICATION:
Each permit issued for a tower, antenna support structure, equipment or facilities located on city property shall be deemed to have as a condition of the permit a requirement that the applicant and provider defend, indemnify and hold harmless the city and its officers, agents, employees, volunteers and contractors from any and all liability, damages, or charges (including attorneys’ fees and expenses) arising out of claims, suits, demands, or causes of action as a result of the permit process, a granted permit, installation, construction, location, performance, operation, maintenance, repair, replacement, removal or restoration of the tower, antenna support structure, equipment or facilities, except to the extent such claims, suits, demands, or causes of action arise from the negligence or willful misconduct of the city. (Ord. 2024-685, 4-10-2024)
8-18-16: INSURANCE:
No person shall own or operate a tower, antenna support structure, equipment or facilities on city property without having secured and at all times maintain in place insurance coverage which conforms to the following:
A. Comprehensive general liability, automobile, workers compensation, employers’ liability and umbrella insurance in amounts satisfactory to the city;
B. The city and its officers, elected and appointed officials, employees, and agents shall be named as additional insureds;
C. All insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the State with a satisfactory Best’s rating of A-VII and shall contain an endorsement obligating the insurance company to furnish the city with at least thirty (30) days prior written notice in advance of the modification or cancellation of the insurance, and the insurance must be replaced up to its original amount(s); and
D. Certificates of insurance evidencing the required coverages must be furnished to the city prior to the issuance of the special use permit and building permit. (Ord. 2024-685, 4-10-2024)
8-18-17: ILLUMINATION AND SECURITY FENCES:
A. Illumination: In cases where there are residential zoned properties located within a distance of 300% of the height of the tower, any tower subject to this section shall be equipped with lighting that minimizes its effect on residential zoned properties.
B. Security Fences: All self-supporting lattice or guyed towers shall be enclosed within a security fence or other structure designed to preclude unauthorized access. Monopole towers shall be designed and constructed in a manner which will preclude, to the extent practical, unauthorized climbing of said structure. (Ord. 2024-685, 4-10-2024)
8-18-18: COMPLIANCE AND MAINTENANCE:
A. If it is found that the tower, antenna support structure, antennas, equipment or other facilities do not comply with the approved permits, plans and photo simulations, the provider shall make any and all such changes required to promptly bring them into compliance.
B. The tower, equipment, facilities and site, including all landscaping and fencing, must be maintained at all times in a neat and clean manner and in accordance with all approved plans. Graffiti shall be removed promptly by the owner or operator of the tower, equipment, facilities or site, as applicable. (Ord. 2024-685, 4-10-2024)
8-18-19: MISCELLANEOUS:
A. Independent Technical and Legal Review: The city may retain the services of an independent technical expert and attorney of its choice to provide technical and legal evaluations of permit applications. The third-party expert shall have recognized qualifications in the field of engineering or telecommunications regulations. The expert’s review may include, but is not limited to (i) the accuracy and completeness of the items submitted with the application; (ii) the applicability of analysis and techniques and methodologies proposed by the applicant; (iii) the validity of conclusions reached by the applicant; and (iv) whether the proposed tower, antenna support structure, antennas, equipment and facilities comply with the applicable approval criteria set forth in this chapter. The applicant shall pay the reasonable cost for any independent consultant fees through a deposit, estimated by the city, within ten (10) days of the city’s request. When the city requests such payment, the application shall be deemed incomplete for purposes of application processing timelines until the deposit is received.
B. Laws: If state or federal law conflicts with these regulations in any material respect, and if such law preempts a provision in these regulations, then the city shall amend these regulations to comply with such law.
C. Severability: If any clause, provision or any other part of this chapter shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this chapter shall not be affected thereby and shall remain in full force and effect.
D. Conflict. These regulations are in addition to other regulations in the city Code. In case of a conflict between regulations, the regulations in this chapter shall apply. (Ord. 2024-685, 4-10-2024)