The provisions of this chapter are known as the "Wireless Communication Facilities Regulations." It is the purpose of these provisions to delineate restrictions, development standards and siting criteria, and establish removal procedures in order to protect the city from the uncontrolled siting of Wireless Communication Facilities in locations that have significant adverse effects and cause irreparable harm. It is further the purpose of these provisions:

A.

To protect the community's visual quality and safety while facilitating the reasonable and balanced provision of wireless communication services. More specifically, it is the city's goal to minimize the visual impact of Wireless Communication Facilities on the community, particularly in and near residential zones;

B.

To promote and protect the public health, safety and welfare, preserve the aesthetic character of the Post Falls community, and to reasonably regulate the development and operation of Wireless Communication Facilities within the city to the extent permitted under state and federal law;

C.

To minimize the impact of Wireless Communication Facilities by establishing standards for siting design and screening;

D.

To preserve the opportunity for continued and growing service from the wireless industry;

E.

To accommodate the growing need and demand for wireless communication services;

F.

To establish clear guidelines and standards and an orderly process for review intended to facilitate the deployment of wireless Transmission Equipment, to provide advanced communication services to the city, its residents, businesses and community at large;

G.

To ensure city zoning regulations are applied consistently with federal and state telecommunications laws, rules, regulations and controlling court decisions; and

H.

To provide regulations which are specifically not intended to, and shall not be interpreted or applied to:

(1)

Prohibit or effectively prohibit the provision of wireless services,

(2)

Unreasonably discriminate among functionally equivalent service providers, or

(3)

Regulate Wireless Communication Facilities and wireless 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.

(Ord. 1342, 2018)

As used in this chapter, the following terms have the meanings set forth below:

Antenna means any exterior transmitting or receiving device mounted on a Tower, building or Structure and used in communications that sends or receives digital signals, analog signals, radio frequencies or wireless communication signals.

Antenna Array means a single or group of Antenna elements, not including Small Cell Antennas, and associated mounting hardware, transmission lines, or other appurtenances which share a common attachment device such as a mounting frame or mounting support Structure for the sole purpose of transmitting or receiving wireless communication signals.

Applicant means any person engaged in the business of providing wireless communication services or the wireless communications infrastructure required for wireless communications services and who submits an application.

Backhaul Network means the lines that connect a provider's Towers or cell Sites to one or more cellular telephone switching offices or long distance providers, or the public switched telephone network.

Base Station means a Structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a Tower as defined in this chapter or any equipment associated with a Tower.

A.

The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

B.

The term includes, but is not limited to, radio transceivers, Antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems and Small Cell networks).

C.

The term includes any Structure other than a Tower that, at the time the relevant application is filed with the city under this chapter, supports or houses equipment described in this chapter that has been reviewed and approved under the applicable zoning or siting process, or under state or local regulatory review process, even if the Structure was not built for the sole or primary purpose of providing such support.

D.

The term does not include any Structure that, at the time the relevant application is filed with the state or the city under this chapter, does not support or house equipment described in this chapter.

Collocation means the mounting or installation of an Antenna on an Existing Tower, building or Structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

Distributed Antenna System or DAS means a network consisting of transceiver equipment at a central hub Site to support multiple Antenna locations throughout the desired coverage area.

Downtown for the purpose of this chapter means that area bounded by Mullan Avenue on the north, Idaho Street on the east, the Spokane River on the south and Chase Road extended on the west.

Eligible Facilities Request means any request for modification of an Existing Tower or Base Station that does not substantially change the physical dimensions of such Tower or Base Station, involving:

A.

Collocation of new Transmission Equipment;

B.

Removal of Transmission Equipment; or

C.

Replacement of Transmission Equipment.

Eligible Support Structure means any Tower or Base Station as defined in this chapter, provided that it is Existing at the time the relevant application is filed with the city under this chapter.

Existing means a Tower or Base Station that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a Tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is Existing for purposes of this definition.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Macrocell means an Antenna or Antennas mounted on a Tower, ground-based mast, rooftops and other Towers or Structures, at a height that provides a clear view over the surrounding buildings and terrain.

Site means, in relation to a Tower that is not in the public Right-of-Way, the current boundaries of the leased or owned property surrounding the Tower and any access or utility easements currently related to the Site. In relation to support Structures other than Towers, Site means an area in proximity to the Structure and to other Transmission Equipment already deployed on the ground.

Small Cells means compact wireless equipment that contain their own transceiver equipment and function like cells in a wireless network but provide a smaller coverage area than traditional Macrocells.

Stealth Design means technology that minimizes the visual impact of Wireless Communication Facilities by camouflaging, disguising, screening or blending 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.

Substantial Change means a modification that substantially changes the physical dimensions of an Eligible Support Structure if it meets any of the following criteria:

A.

For Towers other than Towers in the public Rights-of-Way, it increases the height of the Tower by more than ten (10) percent or by the height of one additional Antenna Arrays with separation from the nearest existing Antenna not to exceed twenty (20) feet, whichever is greater; for other Eligible Support Structures, it increases the height of the Structure by more than ten (10) percent or more than ten (10) feet, whichever is greater. Changes in height should be measured from the original support Structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the Tower or Base Station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act (47 USC 1455(a));

B.

For Towers other than Towers in the public Rights-of-Way, it involves adding an appurtenance to the body of the Tower that would protrude from the edge of the Tower more than twenty (20) feet, or more than the width of the Tower Structure at the level of the appurtenance, whichever is greater; for other Eligible Support Structures, it involves adding an appurtenance to the body of the Structure that would protrude from the edge of the Structure by more than six (6) feet;

C.

For any Eligible Support Structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; or, for Towers in the public Rights-of-Way and Base Stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the Structure, or else involves installation of ground cabinets that are more than ten (10) percent larger in height or overall volume than any other ground cabinets associated with the Structure;

D.

It entails any excavation or deployment outside the current Site;

E.

It would defeat the concealment elements of the Eligible Support Structure; or

F.

It does not comply with conditions associated with the siting approval of the construction or modification of the Eligible Support Structure or Base Station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in subsections A through D of this definition.

Tower means 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 communications 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.

Tower Height means the vertical distance measured from the base of the Tower Structure at Grade to the highest point of the Structure including the Antenna. A lightning rod, not to exceed ten (10) feet in height, shall not be included within Tower Height.

Transmission Equipment means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, Antennas, coaxial or fiber-optic cable, and regular and backup power supplies. The term includes equipment associated with wireless communications 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.

Utility Support Structure means utility poles or utility Towers supporting electrical, telephone, cable or other similar facilities; street light standards; or pedestrian light standards.

Wireless Communication Facilities or WCF means a staffed or unstaffed facility or location or equipment for the transmission or reception of radio frequency (RF) signals or other wireless communications or other signals for commercial communications purposes, typically consisting of one or more Antennas or group of Antennas, a Tower or attachment support Structure, transmission cables and other Transmission Equipment, and an equipment enclosure or cabinets, and including Small Cell technologies.

(Ord. 1342, 2018)

A.

New Towers, Antennas, DAS and Small Cells. All new Towers, Antennas, DAS and Small Cells in the city are subject to these regulations, except as otherwise provided herein.

1.

New Towers and buildings in all zones require a Special Use Permit.

2.

New Antenna Arrays meeting the requirements of subsection 18.26.050.K of this chapter are permitted with a building Permit.

3.

DAS and Small Cells are permitted pursuant to section 18.26.040 of this chapter.

B.

Preexisting Towers or Antennas. Preexisting Towers and preexisting Antennas shall not be required to meet the requirements of this chapter.

C.

Exempt Facilities. The following are exempt from this chapter:

1.

FCC licensed amateur (ham) radio facilities;

2.

Satellite earth stations, dishes and/or Antennas used for private television reception not exceeding one meter in diameter;

3.

A WCF 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 WCF shall be exempt from the provisions of this chapter for up to one month after the duration of the state of emergency; and

4.

A temporary, commercial WCF installed for providing coverage of a special event such as news coverage or sporting event, subject to administrative approval by the city. The WCF shall be exempt from the provisions of this chapter for up to one week before and after the duration of the special event.

5.

Other temporary, commercial WCFs installed for a period of up to ninety (90) days, subject to renewals at the city's discretion; provided that such temporary WCF will comply with applicable setbacks and height requirements.

6.

Ordinary maintenance and repair of the WCF.

7.

City facilities and equipment and emergency services including, but not limited to, the city's police department and Kootenai County Fire and Rescue.

D.

Conflicts with Other Zoning Regulations. These Wireless Communication Facilities regulations are in addition to other regulations in this title. In case of a conflict between regulations, the most restrictive will apply.

(Ord. 1342, 2018)

A.

Distributed Antenna Systems and Small Cells are allowed in all zones, regardless of the siting preferences listed in section 18.26.080 of this chapter, provided the Applicant complies with all federal laws (such as the Americans With Disabilities Act) and state laws and requirements.

B.

Distributed Antenna Systems and Small Cells in all zones are subject to approval via Right-of-Way encroachment Permits and/or building Permits and administrative review unless their installation requires the construction of a new Tower or building. A Special Use Permit shall not be required for replacement Utility Support Structures, so long as the height of a replacement Structure, including Antennas, is no more than the greater of:

1.

Fifteen (15) feet taller than the existing Utility Support Structure; or

2.

The minimum height necessary to provide the required safety clearances from transmission or distribution lines.

C.

A single Permit application may be used for multiple distributed Antennas that are part of a larger overall DAS network. A single Permit application may also be used for multiple Small Cells. A single license agreement may be used for multiple node locations in DAS and/or Small Cell networks.

(Ord. 1342, 2018)

A.

Inventory of Existing Sites. Each Applicant for a Tower shall provide to the Zoning Administrator an inventory of its Existing Towers, Antennas, or Sites approved for Towers or Antennas, that are either within the jurisdiction of the city or within one-half (½) mile of the border thereof, including specific information about the location, height, and design of each Tower or Antenna. The Zoning Administrator may share such information with other Applicants applying for administrative approvals or Special Use Permits under this section or other organizations seeking to locate Antennas within the jurisdiction of the city, provided, however that the Zoning Administrator is not, by sharing such information, in any way representing or warranting that such Sites are available or suitable.

B.

Color. The Antenna Array shall be placed and colored to blend into the architectural detail and coloring of the host Structure. Support Towers shall be painted a color that best allows it to blend into the surroundings. The use of grays, blues, greens, dark bronze, browns or other Site specific colors may be appropriate; however, each case should be evaluated individually.

C.

Lighting. For support Towers, only such lighting as is necessary to satisfy FAA requirements is permitted. White strobe lighting will not be allowed, unless specifically required by the FAA. Security lighting for the equipment shelters or cabinets and other on the ground ancillary equipment is also permitted, as long as it is appropriately down shielded to keep light within the boundaries of the Site.

D.

State or Federal Requirements. All Towers and Antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate Towers and Antennas. If such standards and regulations are changed, and if WCF equipment is added either through Collocation or replacement, then the owners of the Towers and Antennas governed by this chapter shall bring such Towers and Antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring Towers and Antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the Tower or Antenna at the owner's expense.

E.

Site Development. All Wireless Communication Facilities shall be required to obtain a Permit and shall be subject to the Site development standards prescribed herein. Site development shall include the following information:

1.

Construction drawings showing the proposed method of installation;

2.

The manufacturer's recommended installations, if any; and

3.

A diagram to scale showing the location of the wireless communication facility, property and Setback Lines, easements, power lines, all Structures, and the required Landscaping.

F.

Building Codes; Safety Standards. 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 state or local building codes and the applicable industry standards for Towers, as amended from time to time. If, upon inspection, the city concludes that a Tower fails to comply with such codes and standards and constitutes a danger to persons 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 shall constitute grounds for the removal of the Tower at the owner's expense. Compliance with this subsection is also subject to the city's Code enforcement pursuant to chapter 18.32 of this title and related provisions.

G.

Signs. No facilities may bear any signage or advertisement(s) other than signage required by law or expressly permitted or required by the city.

H.

Visual Impact. All WCFs in residential zones and within two hundred (200) feet of 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 WCF. Such WCFs and equipment enclosures shall be integrated through location and design to blend in with the existing characteristics of the Site. Such WCFs shall also be designed to either resemble the surrounding landscape and other natural features where located in proximity to natural surroundings, or be 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 consistent with other Uses and improvements permitted in the relevant zone.

I.

Use of Stealth Design/Technology. The Applicant shall provide justification why it is not employing stealth technology. Stealth Design is required for Macrocell facilities in residential zones, and to the extent shown in section 18.26.060, table 1 of this chapter and elsewhere as provided in this chapter, concealment techniques must be appropriate given the proposed location, design, visual environment, and nearby Uses, Structures, and natural features. Stealth Design shall be designed and constructed to substantially conform to surrounding building designs or natural settings, so as to be visually unobtrusive. Stealth Design that relies on screening Wireless Communication Facilities in order to reduce visual impact must Screen all substantial portions of the facility from view. Stealth and concealment techniques do not include incorporating faux-Tree designs of a kind that are not native to the North Idaho region.

J.

Building-Mounted WCFs.

1.

All Transmission Equipment shall be concealed within existing architectural features to the maximum extent feasible. Any new architectural features proposed to conceal the Transmission Equipment shall be designed to mimic the existing underlying Structure, shall be proportional to the existing underlying Structure or conform to the underlying Use and shall use materials in similar quality, finish, color and texture as the existing underlying Structure.

2.

All roof-mounted Transmission Equipment shall be set back from all roof edges to the maximum extent feasible consistent with the need for "line-of-sight" transmission and reception of signals.

3.

Antenna Arrays and supporting Transmission Equipment shall be installed so as to camouflage, disguise or conceal them to make them closely compatible with and blend into the setting or host Structure.

K.

Antenna Arrays. Wireless communication Antenna Arrays are permitted in any zone as long as they are located upon an existing Structure (except on single-family houses, duplexes, or signage or a building less than thirty (30) feet in height), that provides sufficient elevation for the array's operation without the necessity of constructing a Tower or other apparatus to extend the Antenna Array more than fifteen (15) feet above the Structure. Installation on city property requires the execution of necessary agreements. However, if any support Tower is needed to achieve the needed elevation, then a Special Use Permit is required. If a new equipment cabinet is to be installed, it must be screened if it is higher than the existing screened facility.

L.

WCFs in the public Rights-of-Way.

1.

Utility Support Structure-Mounted Equipment. All pole-mounted Transmission Equipment shall be mounted as close as possible to the pole so as to reduce the overall visual profile to the maximum extent feasible.

2.

License or Agreement. For all WCFs to be located within the Right-of-Way, prior to submitting for a Permit, the Applicant must have a valid municipal agreement, license, franchise agreement, Right-of-Way agreement, encroachment Permit or exemption otherwise granted by applicable law. If the Applicant is willing to install its ancillary facilities underground, that determination by the city shall be subject to administrative review.

M.

Accessory Uses.

1.

Accessory Uses shall be limited to such Structures and equipment that are necessary for transmission or reception functions, and shall not include broadcast studios, offices, vehicles or equipment storage, or other Uses not essential to the transmission or reception functions.

2.

All accessory buildings shall be constructed of building materials equal to or better than those of the primary building on the Site and shall be subject to applicable Permits.

3.

No equipment shall be stored or parked on the Site of the Tower, unless used in direct support of the Antennas or the Tower that is being repaired.

N.

Accessory Equipment. In residential zones, all accessory equipment located at the base of a WCF shall be located or placed (at the Applicant's choice) in an existing building, underground, or in an equipment shelter or cabinet that is: 1) designed to blend in with existing surroundings, using architecturally compatible construction and colors; and 2) located so as to be unobtrusive as possible consistent with the proper functioning of the WCF.

O.

Site Design Flexibility. Individual WCF 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 WCF and supporting equipment may be installed so as to best camouflage, disguise them, or conceal them, to make the WCF more closely compatible with and blend into the setting or host Structure, upon approval by the city.

P.

General Standards and Construction Provisions.

1.

Construction and Wind Speed Requirements. All Structures shall be constructed and installed to manufacturer's specifications, and constructed to withstand the minimum wind speed as required by the city's currently adopted International Building Code, as amended.

2.

Meeting Current Adopted Building Code. Structures shall be permitted and constructed to meet current, adopted building code requirements.

3.

FCC and FAA Requirements. All Structures shall conform to FCC and FAA regulations, if applicable.

4.

Setbacks or Buffer Yards. If any setback or Buffer Yard as prescribed within this Code requires a greater distance than required of this chapter, the greater distance shall apply.

5.

Landscaping, Screening and Fencing. In all zoning districts, the following additional Landscaping shall be required beyond that which is required for the zone in which it is located:

a.

Equipment shelters and cabinets and other on the ground ancillary equipment shall be screened with Buffer Yard and street Tree Landscaping as required for the zone in which located or with another design acceptable to the Zoning Administrator. Artwork may also be used to Screen ground equipment. At the city's discretion, as an alternative to general Landscaping and screening requirements, the Applicant, at its expense, may do an artistic wrap designed by a local artist around the equipment cabinets. Alternatively, where technically feasible, the Applicant shall incorporate the cabinet and other equipment into the base of a new pole (for example, for a Small Cell) provided there is adequate space in the Right-of-Way and that ADA sidewalk accessibility requirements can be met. All provisions of the ADA (including, but not limited to, clear space requirements) shall be met by the Applicant.

b.

In particular, the ground level view of Towers shall be mitigated by additional Landscaping provisions as established through the Special Use Permit process. The use of large Trees from the approved urban forestry list of recommended species or native conifers is required at the spacing specified for the specific Trees chosen. Alternatively, a Landscaping plan may be submitted with the Special Use Permit and, if approved, shall take precedence over the foregoing requirement.

c.

Except for locations in the Right-of-Way, a Site-obscuring fence (for example, wrought iron as opposed to barbed wire) no less than six (6) feet in height from the finished Grade shall be constructed around each Tower and around related support or guy anchors. Access shall only be through a locked gate. The fence must include neutral colored slats. Any fence shall comply with the other design guidelines of this Code.

6.

New Poles. To the extent technically feasible, new poles must be designed to match the existing street furniture, light fixtures and other poles, and they shall serve a dual purpose (for example, a new light fixture, flagpole or Banner clips).

7.

Other Published Materials. All other information or materials that the city may reasonably require, from time to time, make publicly available and designate as part of the application requirements.

(Ord. 1342, 2018)

A.

Minimizing the Number of Wireless Communication Support Towers. It is the policy of the city to minimize the number of wireless communication support Towers and to encourage the Collocation of Antenna Arrays of more than one wireless communication service provider on a single support Tower.

B.

New Tower Placement Exceptions. No new Tower may be constructed within one-half (½) mile of an Existing Tower, unless it can be demonstrated that the Existing Tower is not available or feasible for Collocation of an additional wireless communication facility, or that its specific location does not satisfy the operational requirements of the Applicant. Factors to be considered in determining whether an Applicant has made this demonstration include those listed in subsection C of this section.

C.

Factors Considered in Granting Special Use Permits for Towers. In addition to any standards for consideration of Special Use Permit applications pursuant to this Code, the planning and zoning Commission will also consider the following criteria in determining whether to issue a Special Use Permit:

1.

Height of the Proposed Tower. Towers exceeding a height of seventy-five (75) feet shall be able to accommodate Collocation of one additional provider. Additional height to accommodate additional Collocation may be approved if the Applicant submits information certifying the Tower has capacity for at least two (2) additional providers. The Applicant shall provide a letter indicating their good faith intent to encourage Collocation on the Tower.

2.

Existing Structures in the Area. No existing Structures are located within the geographic area which meet Applicant's engineering requirements.

3.

Existing Towers or Structures Lacking Strength. Existing Towers or Structures do not have sufficient structural strength to support Applicant's proposed Antenna and related equipment.

4.

Electromagnetic Interference. 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.

5.

Unreasonable Fees, Costs, or Contract Provisions. The fees, costs, or contractual provisions required by the owner in order to share an Existing Tower or Structure or to adapt an Existing Tower or Structure for sharing are unreasonable. Costs exceeding new Tower development are presumed to be unreasonable.

6.

Other Limiting Factors. The Applicant demonstrates that there are other limiting factors not enumerated herein that render Existing Towers and Structures unsuitable.

D.

Placement Provisions - Towers. Towers shall be located only in those areas described in table 1 of this section, provided that Towers that are proposed to be located in a residential zone or within two hundred (200) feet of a residential zone shall be subject to the siting priorities set forth for preferred Tower locations in section 18.26.080 of this chapter.

Notes:

¹  If an Applicant wants to construct a Tower in a residential zone or within two hundred (200) feet of a residential zone, then Stealth Design is required.

²  An additional twenty (20) feet in height is allowed if Applicant uses Stealth Design.

³  An additional thirty (30) feet in height is allowed if Applicant uses Stealth Design.

(Ord. 1342, 2018)

A.

Notwithstanding the setbacks provided for in section 18.26.060, table 1 of this chapter, when a residence is located on an adjacent property, the support Tower Structures shall be set back from property lines as required by that zone or a minimum of one foot for every foot of Tower Height, whichever produces the greater setback, unless:

1.

The setback is waived by the owner of the residence; or

2.

The Tower is constructed with breakpoint design technology. If the Tower has been constructed using breakpoint design technology, the minimum setback distance shall be equal to one hundred ten (110) percent of the distance from the top of the Structure to the breakpoint level of the Structure, or the applicable zone's minimum side setback requirements, whichever is greater. For example, on a one hundred-foot tall monopole with a breakpoint at eighty (80) feet, the minimum setback distance would be twenty-two (22) feet (one hundred ten (110) percent of twenty (20) feet, the distance from the top of the monopole to the breakpoint) or the minimum Side Yard setback requirements for that zone, whichever is greater. Provided, that if an Applicant proposes to use breakpoint design technology to reduce the required setback from a residence, the issuance of building Permits for the Tower shall be conditioned upon approval of the Tower design by a structural engineer.

B.

Except when located in the Right-of-Way, all equipment shelters, cabinets, or other on the ground ancillary equipment shall meet the setback requirement of the zone in which it is located.

(Ord. 1342, 2018)

A.

All new Towers proposed to be located in a residential zone or within two hundred (200) feet of a residential zone or in the Downtown core are permitted only after application of the following siting priorities, ordered from most-preferred (1) to least-preferred (6);

1.

City-owned or operated property and facilities not in the Downtown or residential zones and not including Right-of-Way;

2.

Industrial zones (I, HI);

3.

Commercial zones (LC, CCS);

4.

City Rights-of-Way in residential zones;

5.

Parcels of land in residential zones (R1S, R1, R2, R3, SC3, SC4, SC5);

6.

Downtown.

B.

The Applicant for a Tower located in a residential zone or within two hundred (200) feet of a residential zone or in the Downtown core shall address these preferences in an alternative Sites analysis prepared pursuant to section 18.26.090 of this chapter.

(Ord. 1342, 2018)

A.

Alternative Sites Analysis.

1.

For Towers in a residential zone or within two hundred (200) feet of a residential zone or in the Downtown core, the Applicant must address the city's preferred Tower locations with a detailed explanation justifying why a Site of higher priority was not selected. The city's Tower location preferences must be addressed in a clear and complete written alternative Sites analysis that shows at least three (3) higher ranked, alternative Sites considered that are in the geographic range of the service coverage objectives of the Applicant, together with a factually detailed and meaningful comparative analysis between each alternative candidate and the proposed Site that explains the substantive reasons why the Applicant rejected the alternative candidate.

2.

A complete alternative Sites analysis provided under this subsection may include less than three (3) alternative Sites so long as the Applicant provides a factually detailed written rationale for why it could not identify at least three (3) potentially available, higher ranked, alternative Sites.

3.

For purposes of disqualifying potential Collocations or alternative Sites for the failure to meet the Applicant's service coverage or capacity objectives the Applicant will provide: a) a description of its objective, whether it be to close a gap or address a deficiency in coverage, capacity, frequency or technology; b) detailed technical maps or other exhibits with clear and concise RF data to illustrate that the objective is not met using the alternative (whether it be Collocation or a more preferred location); and c) a description of why the alternative (Collocation or a more preferred location) does not meet the objective.

B.

Collocation Consent. A written statement will be signed by a person with the legal authority to bind the Applicant and the project owner, which indicates whether the Applicant is willing to allow other Transmission Equipment owned by others to collocate with the proposed wireless communication facility whenever technically and economically feasible and aesthetically desirable.

C.

Documentation. Applications submitted under this section for Towers shall include the following materials:

1.

Requirement for FCC Documentation. The Applicant shall provide a copy of the Applicant's FCC license or registration.

2.

Visual Analysis. A color visual analysis that includes to- scale visual simulations that show unobstructed before-and-after construction daytime and clear-weather views from at least four (4) angles, together with a map that shows the location of each view, including all equipment and ground wires.

3.

Design Justification. A clear and complete written analysis that explains how the proposed design complies with the applicable design standards under this chapter to the maximum extent feasible. A complete design justification must identify all applicable design standards under this chapter and provide a factually detailed reason why the proposed design either complies or cannot feasibly comply.

4.

Noise Study. A noise study, if the proposal is in or within two hundred (200) feet of residentially zoned property or in the Downtown core, for the proposed WCF and all associated equipment.

5.

Additional Information Required. Applicants for a Special Use Permit for a Tower shall also submit the following information:

a.

A scaled Site plan clearly indicating the location, type, height and width of the proposed Tower, on-site land Uses and zoning, adjacent land Uses and zoning (including when adjacent to other municipalities or the county), separation distances, adjacent roadways, photo simulations, a depiction of all proposed Transmission Equipment, proposed means of access, setbacks from property lines, elevation drawings or renderings of the proposed Tower and any other Structures, topography, parking, utility runs and other information deemed by the Zoning Administrator to be necessary to assess compliance with this chapter.

b.

Legal description of the parent tract and leased parcel (if applicable).

c.

The setback distance between the proposed Tower and the nearest residential unit and residentially zoned properties.

d.

The separation distance from other Towers described in the inventory of existing Sites submitted pursuant to this chapter shall be shown on an updated Site plan or map. The Applicant shall also identify the type of construction of the Existing Tower(s) and the owner/operator of the Existing Tower(s), if known.

e.

A landscape plan showing specific landscape materials.

f.

Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.

g.

A description of compliance with all applicable federal, state and local laws.

h.

Identification of the entities providing the Backhaul Network for the Tower(s) described in the application and other cellular Sites owned or operated by the Applicant in the municipality.

i.

A description of the suitability of the Use of Existing Towers or other Structures to provide the services to be provided through the Use of the proposed new Tower.

j.

A clear and complete written statement of purpose which shall minimally include: 1) a description of the technical objective to be achieved; 2) a to-scale map that identifies the proposed Site location and the targeted service area to be benefited by the proposed project; and 3) 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 an Idaho-licensed professional engineer or a qualified employee of the Applicant. The qualified employee of the Applicant shall submit his or her qualifications with the application.

D.

Radio Frequency (RF) Emissions Compliance Report. A written report will be prepared, signed and sealed by an Idaho-licensed professional engineer or a competent employee of the Applicant, which assesses whether the proposed WCF demonstrates compliance with the RF emissions limits established by the FCC. If the report is prepared by an employee of the Applicant, who is not an Idaho-licensed professional engineer, the report must be accompanied by documentation establishing the employee's competence to complete the report.

E.

Application Fees. An Applicant shall submit an application fee in accordance with the city's then existing fee schedule or written policy.

(Ord. 1342, 2018)

A.

Applicability. Except as otherwise provided in this chapter (under Site design flexibility), no WCF shall be used or developed contrary to any applicable development standard unless an exception has been granted pursuant to this section. These provisions apply exclusively to WCFs and are in lieu of the generally applicable Variance and administrative exceptions provisions in this Code; provided this section does not provide an exception from this chapter's visual impact and Stealth Design.

B.

Procedure. A WCF's exception is subject to approval by the planning and zoning Commission.

C.

Submittal Requirements. An application for a wireless communication facility exception shall include:

1.

A written statement demonstrating how the exception would meet the criteria.

2.

A Site plan that includes:

a.

Description of the proposed facility's design and dimensions, as it would appear with and without the exception.

b.

Elevations showing all components of the wireless communication facility, as it would appear with and without the exception.

c.

Color simulations of the wireless communication facility after construction demonstrating compatibility with the vicinity, as it would appear with and without the exception.

D.

Criteria. An application for a wireless communication facility exception shall be granted if the following criteria are met:

1.

Exception is Consistent. The exception is consistent with the purpose of the development standard for which the exception is sought.

2.

Design Minimizes Visual Impact. Based on a visual analysis, the design minimizes the visual impacts to residential zones through mitigating measures, including, but not limited to, Building Heights, bulk, color, and Landscaping.

3.

Requirements. The Applicant demonstrates the following:

a.

A significant gap in the coverage, capacity, or technologies of the service network exists such that users are regularly unable to connect to the service network, or are regularly unable to maintain a connection, or are unable to achieve reliable wireless coverage within a building;

b.

The gap can only be filled through an exception to one or more of the standards in this chapter; and

c.

The exception is narrowly tailored to fill the service gap such that the wireless communication facility conforms to this chapter's standards to the greatest extent possible.

4.

Exceptions in Residential Zones. For a new Tower proposed to be located in a residential zone or within two hundred (200) feet of a residential zone, or in the Downtown, unless the proposal qualifies as a preferred location on city-owned or operated property or facilities, the Applicant must also demonstrate that the manner in which it proposes to fill the significant gap in coverage, capacity, or technologies of the service network is the least intrusive on the values that this section seeks to protect.

(Ord. 1342, 2018)

Any Antenna or Tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such Antenna or Tower shall so notify the city in writing and remove the same within ninety (90) days of giving notice to the city of such abandonment. Failure to remove an abandoned Antenna or Tower within said ninety (90) days shall be grounds to remove the Tower or Antenna at the owner's expense, including all costs and attorneys' fees. Irrespective of any agreement between them to the contrary, the owner of such unused facility and the owner of a building or land upon which the WCF is located, shall be jointly and severally responsible for the removal of abandoned WCFs and the WCFs' foundation, if any. If there are two (2) or more users of a single Tower, then this provision shall not become effective until all users cease using the Tower.

(Ord. 1342, 2018)

Although the city intends for city Staff to review applications to the extent feasible, the city may retain the services of independent RF and legal experts of its choice to provide technical and legal evaluations of Permit applications for WCFs, when they are subject to Special Use Permits or administrative review. The third party experts shall have recognized qualifications in their fields. The expert's review may include, but is not limited to: a) the accuracy and completeness of the items submitted with the application; b) the applicability of analysis and techniques and methodologies proposed by the Applicant; c) the validity of conclusions reached by the Applicant; and d) whether the proposed WCF complies with the applicable approval criteria set forth in this chapter. The Applicant shall pay the cost for any independent consultant fees through a deposit, estimated by the city, paid 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. In the event that such costs and fees do not exceed the deposit amount, the city shall refund any unused portion within thirty (30) days after the final Permit is released or, if no final Permit is released, within thirty (30) days after the city receives a written request from the Applicant. If the costs and fees exceed the deposit amount, then the Applicant shall pay the difference to the city before the Permit is issued.

(Ord. 1342, 2018)

A.

A certificate of completion will only be granted upon satisfactory evidence that the WCF was installed in substantial compliance with the approved plans and photo simulations.

B.

If it is found that the WCF installation does not substantially comply with the approved plans and photo simulations, the Applicant shall make any and all such changes required to bring the WCF installation into compliance promptly and in any event prior to putting the WCF in operation.

(Ord. 1342, 2018)

A.

All Wireless Communication Facilities must comply with all standards and regulations of the FCC and any state or other federal government agency with the authority to regulate Wireless Communication Facilities.

B.

The Site and Wireless Communication Facilities, including all Landscaping, fencing and related Transmission Equipment must be maintained at all times in a neat and clean manner and in accordance with all approved plans.

C.

All graffiti on Wireless Communication Facilities must be removed at the sole expense of the permittee after notification by the city to the owner/operator of the WCF. The graffiti must be removed within fourteen (14) days after notification by the city.

D.

If any FCC, state or other governmental license or any other governmental approval to provide communication services is ever revoked as to any Site permitted or authorized by the city, the permittee must inform the city of the revocation within thirty (30) days of receiving notice of such revocation.

(Ord. 1342, 2018)

Each Permit issued for a WCF located on city property shall be deemed to have as a condition of the Permit a requirement that the Applicant 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, construction, erection, location, performance, operation, maintenance, repair, installation, replacement, removal, or restoration of the WCF.

(Ord. 1342, 2018)

A.

Purpose. This section implements section 6409(a) of the Spectrum Act (47 USC section 1455(a)), as interpreted by the FCC in its Report and Order No. 14-153 and regulated by 47 CFR section 1.40001, which require a state or local government to approve any Eligible Facilities Request for a modification of an Existing Tower or Base Station that does not result in a Substantial Change to the physical dimensions of such Tower or Base Station. Eligible Facilities Requests shall be governed solely by the provisions in this section and federal law.

B.

Application Review.

1.

Application. The city shall prepare and make publicly available an application form, the requirements for which shall be limited to the information necessary for the city to consider whether an application is an Eligible Facilities Request. The city may not require an Applicant to submit any other documentation intended to illustrate the need for any such wireless facilities or to justify the business decision to modify such wireless facilities.

2.

Review. Upon receipt of an application for an Eligible Facilities Request pursuant to this section, the city shall review such application, make its final decision to approve or disapprove the application, and advise the Applicant in writing of its final decision.

3.

Timeframe for Review. Within sixty (60) days of the date on which an Applicant submits an application seeking approval of an Eligible Facilities Request under this section, the city shall review and act upon the application, subject to the tolling provisions below.

4.

Tolling of the Timeframe for Review. The 60-day review period begins to run when the application is filed, and may be tolled only by mutual agreement between the city and the Applicant, or in cases where the city determines that the application is incomplete. The timeframe for review is not tolled by a moratorium on the review of applications.

a.

To toll the timeframe for incompleteness, the city must provide written notice to the Applicant within thirty (30) days of receipt of the application, specifically delineating all missing documents or information required in the application.

b.

The timeframe for review begins running again when the Applicant makes a supplemental submission in response to the city's notice of incompleteness.

c.

Following a supplemental submission, the city will have ten (10) days to notify the Applicant that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in this section. Second or subsequent notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.

5.

Failure to Act. In the event the city fails to approve or deny a complete application under this section within the timeframe for review (accounting for any tolling), the request shall be deemed granted provided the Applicant notifies the city in writing after the review period has expired.

(Ord. 1342, 2018)

A.

Purpose. This section implements, in part, 47 USC section 332(c)(7) of the Federal Communications Act of 1934, as amended, as interpreted by the FCC in its Report and Order no. 14-153. Except when a shorter timeframe is otherwise required under this chapter, the following timeframes apply to Collocation.

B.

Application Review.

1.

Application. The city shall prepare and make publicly available an application form, the requirements of which shall be limited to the information necessary for the city to consider whether an application is a Collocation request.

2.

Review. Upon receipt of an application for a Collocation request pursuant to this section, the city shall review such application, make its final decision to approve or disapprove the application, and advise the Applicant in writing of its final decision.

3.

Timeframe for Review. Within ninety (90) days of the date on which an Applicant submits an application seeking approval of a Collocation request under this section, the city shall review and act upon the application, subject to the tolling provisions below.

4.

Tolling of the Timeframe for Review. The 90-day review period begins to run when the application is filed, and may be tolled only by mutual agreement between the city and the Applicant, or in cases where the city determines that the application is incomplete.

a.

To toll the timeframe for incompleteness, the city must provide written notice to the Applicant within thirty (30) days of receipt of the application, specifically delineating all missing documents or information required in the application.

b.

The timeframe for review begins running again when the Applicant makes a supplemental submission in response to the city's notice of incompleteness.

c.

Following a supplemental submission, the city will notify the Applicant within ten (10) days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in this section. Second or subsequent notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.

5.

Failure to Act. In the event the city fails to approve or deny a complete application under this section within the timeframe for review (accounting for any tolling), the Applicant shall be entitled to pursue all remedies under applicable law.

(Ord. 1342, 2018)

A.

Purpose. This section also implements, in part, 47 USC section 332(c)(7) of the Federal Communications Act of 1934, as amended, as interpreted by the FCC in its Report and Order No. 14-153.

B.

Application Review.

1.

Application. The city shall prepare and make publicly available an application form, the requirements of which shall be limited to the information necessary for the city to consider whether an application is a request for a new Site or Tower.

2.

Review. Upon receipt of an application for a request for a new Site or Tower pursuant to this section, the city shall review such application, make its final decision to approve or disapprove the application, and advise the Applicant in writing of its final decision.

3.

Timeframe for Review. Within one hundred fifty (150) days of the date on which an Applicant submits an application seeking approval of a request for a new Site or Tower under this section, the city shall review and act upon the application, subject to the tolling provisions below.

4.

Tolling of the Timeframe for Review. The 150-day review period begins to run when the application is filed, and may be tolled only by mutual agreement between the city and the Applicant, or in cases where the city determines that the application is incomplete.

a.

To toll the timeframe for incompleteness, the city must provide written notice to the Applicant within thirty (30) days of receipt of the application, specifically delineating all missing documents or information required in the application.

b.

The timeframe for review begins running again when the Applicant makes a supplemental submission in response to the city's notice of incompleteness.

c.

Following a supplemental submission, the city will notify the Applicant within ten (10) days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in this section. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.

5.

Failure to Act. In the event the city fails to approve or deny a complete application under this section within the timeframe for review (accounting for any tolling), the Applicant shall be entitled to pursue all remedies under applicable law.

(Ord. 1342, 2018)