A.   Stands for the sale of merchandise or produce shall not be permitted on the parking areas in Zones R-1, R-2, R-3 or RMH except for temporary charity, public, or church fundraising projects.

   B.   No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than is permitted in the district in which the building or land is located. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

No wrecking yard or wrecking house shall be established in the City unless it complies with all the other requirements of this title, and in addition thereto shall be completely surrounded by a solid plank board, concrete fence or other enclosures not less than eight feet (8') in height from the level of the ground and completely obscuring from the outside view the wreckage of the ground and completely obscuring from the outside view the wreckage and parts therein contained and such wrecking yard and wrecking house shall not be established within the City, except that a petition shall be signed by the owners of seventy five percent (75%) both in number and in area, of all the property owners within the radius of three hundred feet (300') of any part of the premises of which said wrecking yard or wrecking house is to be established and filed with the City Clerk, together with an application for a special permit for the establishment of said wrecking yard and wrecking house and a hearing had before the Council in the same manner and with the same fee as other hearings before the Council for special permits. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants, or other agreements between parties; however, where this chapter imposes a greater restriction upon the height of buildings or larger lots or yard than are imposed or required by existing regulations or by permits, easements, covenants or agreements, this chapter shall control. This chapter shall be construed liberally to secure the beneficial interest and purposes thereof. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

Public garages and filling and oiling stations must be located not less than fifty feet (50') from the front lines and not less than thirty feet (30') from any other street right-of-way line on which property faces, unless, before a permit is issued by the Planning Administrator, there shall be on file in the office of the City Clerk, the written consent of the owners of seventy five percent (75%) of the area of all the property within a radius of three hundred feet (300') of any part of the premises whereupon such filling and oiling station or public garage is to be established or maintained and not separated therefrom by more than one street or one alley; provided, further, that a filling and oiling station or a public garage shall have no entrance or exit for motor vehicles within three hundred feet (300') of an entrance or exit to a school, playground, public library, church, hospital, children's or old people's home, or other similar public or private institution. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements adopted for the promotion of health, safety, moral, comfort, convenience, or the general welfare. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

   A.   Fencing; Screening: No fence, wall, hedge, or planting of any kind designed to serve as a division between properties extending between the front of the main structure to the back property line shall be more than current code in height in the R-1, R-2, R-3 and RMH Residence Zones and the C Commercial Zone of the City unless a Conditional Use Permit (CUP) or variance is approved by the Commission. All of the above fences, walls, hedges, or planting extending from the front of the main structure to within fifteen feet (15') of the street or the right of way shall be no more than three feet (3') in height. The division may be up to four feet (4') in height, and shall be entirely composed of material that shall not obstruct vision. An example of approved fencing extending up to four feet (4') in height is chain-link fencing without wood slats.

      1.   Definitions:

 

 

      2.   No wall, fence, or shrubbery shall unreasonably obstruct or interfere with traffic visibility.

      3.   Easements for public services and facilities will not be obstructed and access for firefighting will not be obstructed.

   B.   Setbacks: Applications for structures will follow regular procedures and may be allowed, but not ahead of front side of side of house to front lot line, and will provide appropriate setbacks on sides and rear as required.

Houses fronting and siding on two (2) streets shall not extend a structure beyond the general setback of house fronts existing along the street of the side. Ornamental divisions or shrubbery not over three feet (3') may be used as a side division between properties from front side of houses.

   C.   Garages: Garages accessory to single-family uses may have a capacity of no more than three (3) cars unless located detached in rear yard. Garages accessory to multi-dwelling apartments, dwelling units, or rooming units uses may have a capacity of no more than two (2) cars per dwelling unit, apartment unit and/or rooming unit located on the premises.

   D.   Measurement Of Minimum Floor Area: Single-family and multi-dwelling residences shall be measured from the outside of walls to the outside of walls, excluding all public and group used spaces. Apartment and rooming units shall be measured from the center line of walls to the center line of walls, excluding all public and group used spaces.

   E.   Homes Or Buildings Moved Into A Zone: Structures must conform to the minimum requirements of the zone into which the house is to be moved and must conform in structure and appearance to the surrounding structures, so as not to detract from them. Applicants must provide information to show that the structure meets the current building codes. Building permit must be secured before a building is moved to new property.

   F.   Lot Extends Into Two (2) Different Zones: Where a lot is located so that it extends into two (2) separate zones, the lot shall conform to the requirements of the most restrictive of the two (2) zones.

   G.   Loading Space: A reasonable loading space which does not interfere with or obstruct public streets, sidewalks, parking areas or alleyways, shall be required for all retail, wholesale, warehousing, processing, manufacturing establishments, or other businesses, clinics, professional offices, apartments, or other establishments requiring frequent transfer of goods or supplies.

   H.   Landscape Areas: All yards or portions thereof shall be landscaped or cultivated and shall contain a reasonable number of trees and shrubs. All required landscape areas must be continually maintained in an attractive and clean condition and landscaping must be completed within one year of completion of the building.

   I.   Lots Recorded Prior To Adoption Of This Title: Any separate lot, the title of which was of record at the time of the adoption of this title, that does not meet the requirements of this title for yards, courts or other area of open space, may be utilized for single-residence purposes; provided, the requirements for such a yard or court or net area, width, depth, or open space is within sixty percent (60%) of that required by this title, if this variance is approved by the Council. The purpose of this provision is to permit utilization of recorded lots which lack adequate width or depth as long as reasonable living standards can be provided.

If two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this title, and if all or part of the lots do not meet the requirements for lot width and area, as established by this title, the lands involved shall be considered to be an undivided parcel for the purposes of this title, and no portion of said parcel shall be used which does not meet lot width and area requirements established by this title, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this title.

   J.   Lot On Public Street: No building shall be constructed upon a lot or parcel of land which does not abut upon a public street unless part of an approved subdivision with a private drive or with a Conditional Use Permit (CUP) granted by action of the Council.

   K.   Accessory Structures: No residential structure shall be erected upon the rear of a lot with another dwelling, except that there may be constructed a guesthouse (without kitchen) or rooms for guests within an accessory building; provided such facilities are used for the occasional housing of guests of the occupants of the main structure and not for permanent occupancy by others.

   L.   Parks, Schools And Open Space: An area indicated on the "Official Zone Map" or other records as a public park, or recreation area, public utility area, cemetery, public school site or semipublic open space, shall not be used for any other purpose and when the use of the area is discontinued, it shall automatically be zoned "Residence" (R-1) until otherwise zoned; regulations for the district in which such lot is located. Variance of area, width, and yard requirements shall be obtained only through action of the Planning Commission.

   M.   Utility Transmission: Nothing in this title shall be construed to prohibit construction or installation of a public utility use or structures necessary for transmission of commodities or services of a utility company, including mains or distribution lines, substations or exchanges in any zone district. Storage, maintenance facilities and business offices shall be restricted to their appropriate zone district. Location of power transmission lines with a capacity of one hundred (100) KV or over shall be subject to review by the Planning Commission and approved by the Council. Cell towers require a Condition Use Permit (CUP) as per section 10-3-10.

   N.   Utility Easements: No structure shall be built or used that will encroach upon any utility, street, alley, or drainage easements or right of way or existing utility line.

   O.   Cell Towers:

      1.   Purpose And Goals: The purpose of this section is to establish general guidelines for the sitting of wireless communications towers and antennas. The goals of this section are to:

         a.   Protect residential areas and land uses from potential adverse impacts of towers and antennas;

         b.   Encourage the location of towers in non-residential areas;

         c.   Minimize the total number of towers throughout the community;

         d.   Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;

         e.   Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

         f.   Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, sitting, landscape screening, and innovative camouflaging techniques;

         g.   Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;

         h.   Consider the public health and safety of communication towers; and

         i.   Avoid potential damage to adjacent properties from tower failure through engineering and careful sitting of tower structures.

         j.   In furtherance of these goals, City of Rigby shall give due consideration to the City Comprehensive Plan, Zoning Map, existing land uses, and Environmentally Sensitive Areas in approving sites for the location of towers and antennas.

      2.   Definitions: The following terms are defined for this section:

 

 

      3.   New Towers And Antennas: All new towers or antennas in City of Rigby shall be subject to these regulations:

         a.   Amateur Radio Station Operators/Receive Only Antennas: This section shall not govern any tower, or the installation of any antenna, that is under seventy feet (70') in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas.

         b.   Preexisting Towers Or Antennas: Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section.

      4.   General Requirements:

         a.   Principal Or Accessory Use: Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

         b.   Dimensions, Lot Size: For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

         c.   Aesthetics: Towers and antennas shall meet the following requirements:

            (1)   Finish: Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

            (2)   Design: At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

            (3)   Color: If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

      5.   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 standards for towers that are published by the Electronic Industries Association, as amended from time to time.

         a.   If, upon inspection, the City of Rigby 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.

         b.   Failure to bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner(s) expense.

         c.   Buildings And Support Equipment: Buildings and support equipment associated with antennas or towers shall comply with the requirements of subsection O17.

      6.   Franchises: Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in City of Rigby have been obtained and shall file a copy of all required franchises with the Planning Department.

      7.   Inventory Of Existing Sites: Each applicant for an antenna and/or tower shall provide to the Planning Administrator an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of City of Rigby or within one mile of the border thereof, including specific information about the location, height, and design of each tower.

      8.   Sharing: The Planning Department may share such information with other applicants applying for administrative approvals or Conditional Use Permits under this title or other organizations seeking to locate antennas within the jurisdiction of City of Rigby, provided, however that the Planning Department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

      9.   Lighting: Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

      10.   Multiple Antenna/Tower Plan: City of Rigby encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.

      11.   Not Essential Services: Towers and antennas shall be regulated and permitted pursuant to this title and shall not be regulated or permitted as essential services, public utilities, or private utilities.

      12.   Public Notice: For purposes of this title, any Conditional Use request, variance request, or appeal of an administratively approved use or special use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Table 2 below, in addition to any notice otherwise required by the Zoning Ordinance.

      13.   Signs: No signs shall be allowed on an antenna or tower.

      14.   State Or Federal Requirements: All towers 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, then the owners of the towers and antennas governed by this title 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.

      15.   Permitted Uses: All uses require a Conditional Use Permit (CUP) except those identified as administrative approved as listed below:

Administrative Approval:

         a.   General: The following provisions shall govern the issuance of administrative approvals for towers and antennas.

         b.   The Planning Department may administratively approve the uses listed in this section.

         c.   Each applicant for administrative approval shall apply to the Planning Department providing the information set forth in this title and a non-refundable fee as established by resolution of Council to reimburse City of Rigby for the costs of reviewing the application.

         d.   The Planning Department shall review the application for administrative approval and determine if the proposed use complies with this subsection.

         e.   Setbacks: In connection with any such administrative approval, the Planning Department may, in order to encourage shared use, administratively waive any zoning district setback requirements or separation distances between towers by up to fifty percent (50%).

         f.   Monopole: In connection with any such administrative approval, the Planning Department may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.

         g.   CUP: If an administrative approval is denied, the applicant shall file an application for a Conditional Use Permit prior to filing any appeal that may be available under the Zoning Ordinance.

         h.   List Of Administratively Approved Uses: The following uses may be approved by the Planning Department after conducting an administrative review:

            (1)   Industrial And Heavy Commercial: Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in any industrial or heavy commercial zoning district.

            (2)   Cable Micro Cell Network: Installing a cable micro cell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.

            (3)   Antennas On Existing Towers: An antenna which is attached to an existing tower may be approved by the Planning Department and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:

               (A)   Modify Or Reconstruct: A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the Planning Department allows reconstruction as a monopole.

               (B)   Height: An existing tower may be modified or rebuilt to a taller height, not to exceed thirty feet (30') over the tower's existing height, to accommodate the collocation of an additional antenna.

               (C)   The height change may only occur one (1) time per communication tower.

               (D)   The additional height shall not require an additional distance separation. The tower's pre-modification height shall be used to calculate such distance separations.

            (4)   Onsite Location:

               (A)   A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved onsite within fifty feet (50') of its existing location.

               (B)   After the tower is rebuilt to accommodate collocation, only one (1) tower may remain on the site.

               (C)   A relocated onsite tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers.

               (D)   The onsite relocation of a tower which comes within the separation distances to residential units or residentially zoned lands shall only be permitted when approved by the Planning Department.

               (E)   New Towers In Non-Residential Zoning Districts: Locating any new tower in a non-residential zoning district other than industrial or heavy commercial, provided a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; the Planning Department concludes the tower is in conformity with the goals set forth in subsection O1 and the requirements of subsection O4; the tower meets the setback requirements and separation distances; and the tower meets the following height and usage criteria: for a single user; up to ninety feet (90') in height, two (2) users; up to one hundred twenty feet (120') in height; and three (3) or more users; up to one hundred fifty feet (150') in height.

      16.   Conditional Use Permits (CUP) As Per Section 10-3-10:

         a.   General: The following provisions shall govern the issuance of Conditional Use permits for towers or antennas by the Planning Commission:

            (1)   Conditional Use Permit Required: If the tower or antenna is not a permitted use of this title or permitted to be approved administratively, then a Conditional Use Permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.

            (2)   Conditions: In granting a Conditional Use Permit, the Commission may impose conditions to the extent they conclude such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

            (3)   Engineering Information: Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by an Idaho licensed professional engineer.

            (4)   Non-Refundable Fee: An applicant for a Conditional Use Permit shall submit the information described in this section and a non-refundable fee as established by resolution of the Council to reimburse City of Rigby for the costs of reviewing the application.

         b.   Towers And The Information Required: Applicants for a Conditional Use Permit for a tower shall submit the following information with the application, in addition to any other information required for a Conditional Use application:

            (1)   Backhaul Network: 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.

            (2)   Existing Towers: A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

            (3)   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.

            (4)   Feasible Locations: A description of the feasible location(s) of future towers or antennas within the City of Rigby based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.

            (5)   Future Users: A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

            (6)   Landscape Plan: A landscape plan showing specific landscape materials.

            (7)   Law Compliance: A description of compliance with subsections O4 through O14 and all applicable federal, state or local laws.

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

            (9)   Relationship To Zoned Properties: The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and un-platted residentially zoned properties.

            (10)   Separation Distance: The distance from other towers described in the inventory of existing sites submitted pursuant to subsection O16f shall be shown on an updated site plan or map.

            (11)   Site Plan: A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning, all properties within the applicable separation distances, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, site elevations, parking, and other information deemed by the Planning Department to be necessary to assess compliance with this ordinance.

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

         c.   Factors Considered In Granting Conditional Use Permits For Towers: In addition to any standards for consideration of Conditional Use Permits applications, the Commission shall consider the following factors, although the Commission may waive or reduce the burden on the applicant of one or more of these criteria if the Planning Commission concludes that the goals of this title are better served thereby:

            (1)   Height and elevation of the proposed tower;

            (2)   Proximity of the tower to residential structures and residential district boundaries;

            (3)   Nature of uses on adjacent and nearby properties;

            (4)   Surrounding topography;

            (5)   Surrounding tree coverage and foliage;

            (6)   Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

            (7)   Proposed ingress and egress; and

            (8)   Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures.

         d.   Availability Of Suitable Existing Towers, Other Structures, Or Alternative Technology: No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Commission that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna.

            (1)   An applicant shall submit information requested by the Commission related to the availability of suitable existing towers, other structures, or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

               (A)   Geographic Area: No existing towers or structures are located within the geographic area which meets applicant's engineering requirements.

               (B)   Height: Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

               (C)   Strength: Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

               (D)   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.

               (E)   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.

               (F)   Limiting Factors: The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

               (G)   Alternative Technology: The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable micro cell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

         e.   Setbacks: The following setback requirements shall apply to all towers for which a Conditional Use Permit is required; provided, however, that the Commission may reduce the standard setback requirements if the goals of this title would be better served thereby:

            (1)   Adjoining Lot Lines: Towers must be set back a distance equal to at least seventy-five percent (75%) of the height of the tower from any adjoining lot line.

            (2)   Minimum Zoning Setbacks: Guys and accessory buildings must satisfy the minimum zoning district setback requirements.

         f.   Separation: The following separation requirements shall apply to all towers and antennas for which a Conditional Use Permit is required; provided, however, that the Commission may reduce the standard separation requirements if the goals of this title would be better served thereby.

            (1)   Separation From Off-Site Uses/Designated Areas:

               (A)   Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.

               (B)   Separation requirements for towers shall comply with the minimum standards established in Table 1.

 

 

            (2)   Separation Distances Between Towers:

               (A)   Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower.

 

 

         g.   Security Fencing: Towers shall be enclosed by security fencing not less than six feet (6') in height and shall also be equipped with an appropriate anti-climbing device; provided however, that the Planning Commission may waive such requirements, as it deems appropriate.

         h.   Landscaping: The following requirements shall govern the landscaping surrounding towers for which a Conditional Use Permit is required; provided, however, that the Planning Commission may waive such requirements if the goals of this title would be better served thereby.

            (1)   Buffer: Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a land   scaped strip at least four feet (4') wide outside the perimeter of the compound.

         (2)   In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.

         i.   Trees And Landform Preservation: Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

      17.   Buildings Or Other Equipment Storage:

         a.   Antennas Mounted On Structures Or Rooftops: Towers or associated cabinets are not allowed on roof tops or existing structures.

         b.   Antenna's Support Cabinets: The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:

            (1)   Residential equipment cabinet or structure locations provided the cabinet or structure is no greater than eight feet (8') in height or one-hundred (100) square feet of gross floor area:

               (A)   Front Yard: The cabinet/structure must be located a minimum of twenty-five feet (25') from all front yard lines (lot lines).

               (B)   Side Yard: The cabinet/structure must be located a minimum of six feet (6') from side yard setbacks (lot lines).

               (C)   Rear Yard: The cabinet/structure must be located a minimum of twenty feet (20') from rear yard setbacks (lot lines).

               (D)   Screening: The cabinet/structure shall be screened by an evergreen hedge with an initial planted height of at least forty-two to forty-eight inches (42" - 48") and an ultimate height of eight feet (8').

            (2)   Commercial Or Industrial District Locations: In commercial or industrial districts, the equipment cabinet or structure shall be no greater than eight feet (8') in height or one hundred sixty nine (169) square feet in gross floor area.

               (A)   Evergreen Hedge Screen: The structure or cabinet shall be screened by an evergreen hedge with a planted height of at least thirty-six inches (36") and an ultimate height of eight feet (8').

               (B)   Fence Screen: The structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence six feet (6') in height or the evergreen hedge.

         c.   Antennas Located On Towers: The related unmanned equipment structure shall not contain more than one-hundred (100) square feet of gross floor area or be more than eight feet (8') in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.

         d.   Modification Of Building Size Requirements: The requirements of subsections O17a through O17c may be modified by the Planning Department in the case of administratively approved uses or by the Planning Commission in the case of uses permitted by Conditional Use to encourage collocation.

      18.   Removal Of Abandoned Antennas And Towers: 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 remove the same within ninety (90) days of receipt of notice from the City of Rigby notifying the owner of such abandonment.

         a.   Consequence: Failure to remove an abandoned antenna or tower within said ninety (90) day shall be grounds to remove the tower or antenna at the owner's expense.

         b.   Multiple Users: 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.

      19.   Nonconforming Uses:

         a.   No Expansion Of Nonconforming Use: Towers that are constructed and antennas that are installed, in accordance with the provisions of this title shall not be deemed to constitute the expansion of a nonconforming use or structure.

         b.   Preexisting Towers: Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such pre-existing towers. New construction other than routine maintenance on a pre-existing tower shall comply with the requirements of this title.

         c.   Rebuilding Damaged Or Destroyed Nonconforming Towers Or Antennas: Notwithstanding subsection O19, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a Conditional Use Permit.

            (1)   The type, height, and location of the tower onsite shall be of the same type and intensity as the original facility approval.

            (2)   Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within one hundred eighty (180) days from the date the facility is damaged or destroyed.

               (A)   If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned. (Ord. 402, 5-5-1987; amd. Ord. 475, 7-20-1999; Ord. 2021-619, 9-14-2021)