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 Power County. To encourage managed development of telecommunications infrastructure, while not unduly restricting the development of needed telecommunications facilities. (Ord. 2002-02, 4-1-2002)

The county shall apply these regulations to accomplish the following:

   A.   Minimize adverse visual effects of telecommunication towers, antennas and related facilities through design and siting standards.

   B.   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.

   C.   Provide a process for obtaining necessary permits for telecommunications facilities while at the same time protecting the interests of the Power County citizens.

   D.   Protect environmentally sensitive areas of Power County by regulating the location, design and operation of telecommunication facilities.

   E.   Encourage the use of alternative support structures, colocation of new antennas on existing telecommunication towers, camouflaged towers, and construction of towers with the ability to locate more than one provider.

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. 2002-02, 4-1-2002)

For the purpose of this chapter, the following terms and phrases shall have the meanings ascribed to them in this section:

ALTERNATIVE SUPPORT STRUCTURE: Clock towers, steeples, silos, light poles, water towers, buildings or similar structures that may support telecommunication facilities.

ANTENNA: Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves when such system is either external to or attached to the exterior of a structure. Antennas shall include devices having active elements extending in any direction, and directional beam type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna.

ANTENNA, BUILDING MOUNTED: Any antenna, other than an antenna with its supports resting on the ground, directly attached or affixed to a building.

ANTENNA, GROUND MOUNTED: Any antenna with its base placed directly on the ground.

BUILDING: Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind.

CAMOUFLAGED TOWER: Any telecommunication tower that due to design or appearance entirely hides, obscures, or conceals the presence of the tower and antennas.

GUYED TOWER: A telecommunications tower that is supported in whole or in part by guy wires and ground anchors or other means of support besides the superstructure of the tower itself.

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.

LATTICE TOWER: A telecommunication tower that consists of vertical and horizontal supports and crossed metal braces.

MONOPOLE: A telecommunication tower of a single pole design.

NAVIGABLE STREAM OR LAKE: As designated on the United States geological survey (USGS) map and/or the Power County zoning maps.

NONCONFORMING: Any preexisting telecommunications facility that was in existence prior to the adoption hereof and that has not been issued a special use permit or was issued a special use permit prior to the adoption date hereof.

OPERATION: 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.

PLATFORM: A support system that may be used to connect antennas and antenna arrays to telecommunication towers or alternative support structures.

SATELLITE DISH: A device incorporating a reflective surface that is solid, open mesh, or bar configured that is dish, cone, horn, or cornucopia shaped and 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 earth stations, TVROs (satellite television receive only) and satellite microwave antennas.

TELECOMMUNICATION FACILITY: A facility, site, or location that contains one or more antennas, telecommunication towers, alternative support structures, satellite dish antennas, other similar communication devices, and support equipment which is used for transmitting, receiving, or relaying telecommunications signals.

TELECOMMUNICATION FACILITY COLOCATED: A telecommunication facility comprised of a single telecommunication tower or building supporting multiple antennas, dishes, or similar devices owned or used by more than one public or private entity.

TELECOMMUNICATION SUPPORT FACILITY: The telecommunication equipment buildings and equipment cabinets.

TELECOMMUNICATIONS TOWER: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including camouflaged towers, lattice towers, guy towers, or monopole towers. This includes radio and television transmission towers, microwave towers, and common carrier towers.

UTILITY POLE MOUNTED ANTENNA: 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 Power County planning and zoning department. (Ord. 2002-02, 4-1-2002)

The following shall be permitted without county approvals:

   A.   Accessory Use: The use of all television antennas, satellite dishes and receive only antennas, provided that the primary use of the property is not a telecommunications facility and that the antenna use is accessory to the primary use of the property.

   B.   Amateur Radio: This chapter shall not govern the installation of any antenna and its 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.   Mobile Services: Mobile services providing public information coverage of news events of a temporary or emergency nature.

   D.   Freestanding Antennas: Freestanding (ground mounted antenna) antennas (not supported on or attached to a building) and their supporting towers, poles or masts and their equipment buildings one hundred twenty (120) square feet or less in size, may be installed without a zoning permit when the overall height of the antennas and their supporting structures do not exceed a height of twenty feet (20') above the original grade at the site of the installation.

   E.   Building Mounted Antennas: Antennas installed on, or attached to, any existing building (building mounted antenna), an existing telecommunication tower, or alternative support structure and their equipment buildings one hundred twenty (120) square feet or less in size, when the height of the antenna and its supporting tower, pole or mast is twenty feet (20') or less above the highest part of the building or alternative support structure to which it is attached. Antennas, installed on, or attached to, any existing building, an existing telecommunication tower, or alternative support structure and their equipment buildings.

   F.   Pole Mounted Antennas: Utility pole mounted antennas if the height of the antenna is twenty feet (20') or less above the highest part of the utility pole. (Ord. 2002-02, 4-1-2002)

Telecommunications facilities may be permitted in the following zones, subject to special use and approval by the Power County planning and zoning commission:

   A.   Light industrial and heavy industrial zone.

   B.   Agricultural zone.

   C.   Rural residential zone.

   D.   Commercial zone. (Ord. 2002-02, 4-1-2002)

   A.   Telecommunication facilities may be permitted in the following areas, subject to special use and approval by the Power County planning and zoning commission but are subject to review and approval of the federal aviation administration (FAA) and other appropriate agencies, if applicable:

      1.   One-half (1/2) mile radius from heliports.

      2.   One mile radius from private airport runway(s).

      3.   Three (3) mile radius from public use airport runway(s). (Ord. 2002-02, 4-1-2002)

No telecommunications facilities will be allowed in the following areas:

   A.   Historic sites, as defined by state and/or federal regulation.

   B.   Critical species habitats, as defined by state and/or federal regulation.

   C.   Wetlands, as defined by state and/or federal regulation.

   D.   Floodplains, as defined by state and/or federal regulation.

   E.   Prohibited within five hundred feet (500') of hospitals, schools, institutions of higher education, and daycare centers for purpose of allaying possible safety concerns.

   F.   Between I-86 and the Snake River, from Rockland interchange west to the Cold Water exit interchange. (Ord. 2002-02, 4-1-2002)

Locating and constructing a telecommunication tower or a new alternative support structure, including the buildings or other supporting equipment used in connection with said tower shall require a special use permit.

   A.   Submittal Information: For all telecommunication facilities, the planning and zoning department shall require the following information to accompany every application. Said information shall include, but may not be limited to:

      1.   A completed special use application.

      2.   Original signature of applicant and landowner (if the telecommunication facility is located in an easement or pursuant to a ground lease, the beneficiaries of the easement or ground lease and underlying property owner must authorize the application).

      3.   The identity of the carrier, provider, applicant, landowner and service provider and their legal status.

      4.   The name, address and telephone number of the officer, agent and/or employee responsible for the accuracy of the application.

      5.   A plat of survey, showing the parcel boundaries, tower, facilities, location, access, landscaping and fencing.

      6.   A written legal description of the site.

      7.   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) and the legal description and amount of property leased.

      8.   A description of the telecommunications services that the applicant offers or provides, to persons, firms, businesses or institutions.

      9.   Federal communication commission (FCC) license numbers and registration numbers, if applicable.

      10.   Copies of finds of no significant impacts (FONSI) statement from the federal communication commission (FCC) or environmental impact study (EIS), if applicable.

      11.   An alternatives 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 and/or facilities which could provide the proposed telecommunication service. The intention of the alternatives analysis is to present alternative strategies, which could minimize the number, size, and adverse environmental impacts of facilities necessary to provide the needed services to the county. The analysis shall address the potential for colocation 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 county 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 county and the telecommunications industry.

      12.   Plans indicating security measures (e.g., access, fencing, lighting, etc.).

      13.   Shall include a tabular and map inventory of all of the applicant's existing telecommunications towers that are located within Power County and including all of the applicant's existing towers within one thousand five hundred feet (1,500') of the county 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 colocation antennas.

      14.   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.

      15.   Proof of liability coverage.

      16.   Such other information as the planning and zoning commission may require.

      17.   Proof of notification indicating that the airport operator and airport property owner(s), within the areas limiting telecommunication facility locations have been notified.

   B.   Colocation: All tower owners shall make available unused space for colocation of other telecommunication facilities, including space for those entities providing similar, competing services. Colocation is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service. All colocated and multiple user telecommunication support facilities shall be designed for compatible joining to facilitate site sharing.

   C.   Technical Review: The building administrator, upon direction of the Power County planning and zoning, may employ on behalf of the county an independent technical expert to review materials submitted. The consultant will be chosen from a list mutually agreed upon by the county and the applicant. The applicant shall pay all the costs of said review. The payment to the planning and zoning 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.   Submittals Required Following The Special Use Approval: For each special use permit approved by the Power County 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 federal aviation administration (FAA) including any aeronautical study determination or other findings and other agencies, if applicable.

      2.   Copies of any environmental assessment (EA) reports on form 600 or form 854 submitted to the federal communication commission (FCC), if applicable.

      3.   Copies of any filings submitted to the federal communication commission (FCC) shall be submitted within thirty (30) days of filing, subject to the review of the zoning administrator.

      4.   Proof of bond as security for removal. (Ord. 2002-02, 4-1-2002)

The purpose of the annual review report is to provide the county with accurate and current information concerning the telecommunications tower owners and providers who offer or provide telecommunications services within the county, to assist the county in enforcement of this chapter, and to assist the county in monitoring compliance with the special use permit.

   A.   Annual Information Report: All telecommunications tower owners of any new or existing telecommunication tower shall submit annually on or before January 31 of each year, to the planning and zoning department a telecommunications facility annual information report. The annual report shall include the tower owner name(s), address(es), phone number(s), contact person(s), annual review fee, proof of bond as security for removal. The tower owner shall supply the tower height of current occupancy if applicable. This information shall be submitted to the county and shall become evidence of compliance.

   B.   Annual Report Fee: Following the special use approval, every year thereafter the tower owner shall submit, on or before January 31 of each year, to the planning and zoning department an annual review fee of one hundred fifty dollars ($150.00) 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 information is received by the Power County planning and zoning department. (Ord. 2002-02, 4-1-2002)

   A.   Removal Of Facilities: It is the express policy of Power County 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 telecommunications tower owner's responsibility to remove such facilities and restore the site to its original condition or a condition approved by the Power County planning and zoning department. 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 due to abandonment, 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 Power County, prior to the issuance of the special use permit or the issuance of a zoning permit, a performance bond in the amount of twenty thousand dollars ($20,000.00) or a bond equal to a written estimate from a qualified tower removal contractor to guarantee that the telecommunications facility will be removed when no longer in operation. Power County will be named as obligee in the bond and must approve the bonding company. (Ord. 2002-02, 4-1-2002)

   A.   Nonconforming And Conforming: Telecommunication towers and facilities may add to, move or replace the tower and facilities upon approval of the Power County planning and zoning department. An existing tower may be increased in height a maximum of fifty feet (50'), relocated or reconstructed within fifty feet (50') of its existing location to accommodate colocation subject to meeting all the other sections of this chapter. Routine maintenance and repair on telecommunications facilities is permitted.

   B.   Existing Use Review:

      1.   Existing Use Review For Those Towers Structurally Capable To Colocate: Beginning April 1, 2002, all telecommunications tower owners, applicable to the requirements of this chapter operating in Power County prior to the adoption of this chapter, shall provide the information required (except proof of bond and proof of insurance), of this chapter and pay an annual fee of one hundred fifty dollars ($150.00) per 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 information is received by the Power County planning and zoning department.

      2.   Existing Use Review For Those Towers Structurally Incapable For Colocation: Beginning April 1, 2002, all telecommunications tower owners, applicable to the requirements of this chapter operating in Power County prior to the adoption of this chapter, shall provide the information required (except proof of bond and proof of insurance), and submit documents that the tower is structurally incapable of colocation, and pay a one time fee of one hundred fifty dollars ($150.00) per tower site on or before January 31. Failure to provide this information shall result in a civil forfeiture of three hundred dollars ($300.00) per day until the information is received by the Power County planning and zoning department. (Ord. 2002-02, 4-1-2002)

   A.   Revocation: Grounds for revocation of the special use permit shall be limited to one of the following findings:

      1.   The owner of such site, service provider and/or tower owner fails to comply with the requirements of this chapter.

      2.   The permittee has failed to comply with the conditions of approval imposed.

      3.   The facility has not been properly maintained.

   B.   Revocation Process:

      1.   The owner of such site, service provider and/or tower owner shall be notified by certified mail of noncompliance by the Power County planning and zoning department.

      2.   The owner shall comply with such notice within thirty (30) days to the satisfaction of the Power County planning and zoning department.

      3.   If compliance is not obtained with thirty (30) days, the Power County planning and zoning department shall notify the Power County prosecutor of the noncompliance and proceed with the revocation process. (This time period may be extended by staff to adjust for seasonal limitations.)

   C.   Abandonment: Any antenna or tower that is not operated for a continuous period of six (6) months shall be considered abandoned. Time may be extended upon review and approval of the Power County planning and zoning department, 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 planning and zoning department notifying the owner of such abandonment. If removal to the satisfaction of the planning and zoning department does not occur within said ninety (90) days, the Power County board may order removal utilizing the established bond and salvage said antenna or tower and all supporting equipment and buildings. If there are two (2) or more users of a single tower, then this provision shall not become effective until all operations of the tower cease.

      2.   The recipient of a special use permit for a telecommunications facility under this chapter shall notify the planning and zoning department when the facility is no longer in operation. (Ord. 2002-02, 4-1-2002)

   A.   Tower, Antenna And Facilities Requirements: All telecommunication facilities shall be designed to blend into the surrounding environment to the greatest extent feasible. To this end, all of the following measures shall be implemented:

      1.   All telecommunication facilities shall comply at all times with all federal communication commission (FCC) rules, regulations, and standards. To that end no telecommunication facility or combination of facilities shall produce at any time power densities in any inhabited area that exceed the federal communication commission (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 meet or exceed the standards and regulations, in place at the time of the issuance of the special use permit, of the federal aviation administration (FAA), the Idaho state bureau of aeronautics, occupational safety and health association (OSHA), the federal communication commission (FCC) and authority to regulate towers and antennas.

      2.   Telecommunication towers shall be constructed out of metal or other nonflammable material, unless specifically permitted.

      3.   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.

      4.   Satellite dish and parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function.

      5.   Telecommunication support facilities (e.g., equipment rooms, utilities, and equipment enclosures) shall be constructed out of nonreflective materials (visible exterior surfaces only). Telecommunication support facilities shall be no taller than one story fifteen feet (15') in height, measured from the original grade at the base of the facility to the top of the structure, and shall be designed to blend 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. (Ord. 2002-02, 4-1-2002)

      6.   Telecommunications towers, facilities and antennas shall be designed and constructed in accordance with the international building code, other applicable state and federal requirements. (Ord. 2002-02, 4-1-2002; amd. Ord. 2003-01, 3-24-2003)

      7.   The maximum height of an antenna platform located on a rooftop shall be twenty feet (20') above the roof.

      8.   Telecommunication facilities shall not interfere with or obstruct existing or proposed public safety, fire protection or supervisory controlled automated data acquisition (SCADA) operation telecommunication facilities. Any actual interference and/or obstruction shall be corrected by the applicant at no cost to the county.

   B.   Height: The height of a telecommunication tower shall be measured from the original grade at the base of said tower to the highest part of the tower itself. 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. In the case of crankup or other similar towers whose height can be adjusted, the height of the tower shall be the maximum height to which it is capable of being raised.

   C.   Lighting: All telecommunication towers shall be lit according to FAA lighting standards, regardless of height or location.

   D.   Site Development, Roads And Parking:

      1.   A leased parcel intended for the location of new telecommunication tower(s) and equipment building(s) shall maintain a minimum parcel size of two thousand five hundred (2,500) square feet. The Power County planning and zoning commission may modify the leased parcel size requirement after public hearing and review.

      2.   A parcel owned by the telecommunication carrier and/or provider and intended for the location of new telecommunication tower(s) and equipment building(s) shall meet the minimum size requirement of this chapter.

      3.   All sites must be served by a minimum thirty foot (30') wide easement with a turnaround. The Power County 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 access point to the site shall be approved by the respective county highway district or the applicable road jurisdiction.

   E.   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. 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 immediately upon installation.

      2.   Upon project completion, the owner(s)/operator(s) of the facility shall be responsible for maintenance and replacement of all required landscaping.

      3.   Facility structures and equipment, including supporting structures, shall be located, designed and screened to blend with the existing natural or built surroundings, so as to reduce visual impacts.

   F.   Fire Prevention: All telecommunication facilities shall be designed and operated in accordance with all applicable codes regarding fire prevention.

   G.   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 Saturday, nonholiday) between the hours of six o'clock (6:00) A.M. and six o'clock (6:00) P.M., except in times of emergency repair.

      2.   Backup generators shall only be operated during power outages and for testing and maintenance purposes.

      3.   Accessory structures shall not produce noise levels separate or accumulative above 75dB as measured from the nearest property line on which the telecommunication facility is located.

   H.   Identification: A sign no larger than two feet (2') in height or width shall be mounted on the outside of the security fence identifying the owner of the tower, a contact number and Power County site address. (Ord. 2002-02, 4-1-2002)

   A.   Minimum Separation Between Telecommunication Towers (By Tower Type):

 

 

      1.   Two (2) towers may be permitted to be located within one hundred feet (100') of each other subject to special use and approval of the Power County planning and zoning commission and subject to meeting the setback requirements.

      2.   Three (3) towers may be permitted subject to special use and approval of the Power County planning and zoning commission and subject to meeting the setback requirements.

   B.   Setbacks: All setbacks shall be measured from the base of the tower or structure.

      1.   Setbacks From All Habitable Residential Buildings, Except Buildings Located On The Subject Parcel: All new towers shall be set back a distance equal to one hundred twenty five percent (125%) of the height of the tower.

      2.   Setbacks From All Historic Sites And Districts: All new towers shall be set back a distance equal to one hundred twenty five percent (125%) of the height of the tower from historic sites and districts.

      3.   Setbacks From Property Lines:

         a.   All new towers shall be set back a minimum of fifty feet (50') 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.) This setback requirement may be modified by the Power County planning and zoning commission after public hearing and review.

         b.   All fenced, security areas shall be a minimum of fifty feet (50') from property line when adjacent to arterial roads or other roads.

         c.   All structural required buildings shall be ten feet (10') minimum setback from inside fenced security area. Except power transformers and meters shall be five feet (5') minimum setback from inside fenced security area.

      4.   Conformance: All applications shall conform with any setback requirements as defined in the Power County development code and relevant ordinances.

      5.   Setback From The Ordinary High Water Mark (OHWM): All new towers shall be set back a minimum of seventy five feet (75') from the ordinary high water mark (OHWM) of a navigable stream and a minimum one hundred twenty five percent (125%) of the tower height from the ordinary high water mark (OHWM) of a navigable lake.

      6.   Guy Wire Anchor Setback: All guy wire anchors shall be at least twenty five feet (25') from all property lines. This setback requirement may be modified by the Power County planning and zoning commission after public hearing and review. (Ord. 2002-02, 4-1-2002)

A special use permit is required for the location of all telecommunication facilities in Power County. Proposed colocation on facilities previously approved by Power County planning and zoning commission shall be approved administratively by the Power County planning and zoning department, provided that the applicant complies with the provisions of this chapter and provides a completed application and permit fee. (Ord. 2002-02, 4-1-2002)