This chapter shall be known as the WIRELESS COMMUNICATION FACILITIES ORDINANCE. The primary purpose of this chapter is to ensure that wireless communication networks are completed with the fewest possible facilities, in the least intrusive fashion, and with the least disruptive impact within the city of Stanley. The unique and diverse landscapes and scenic vistas of the city are among its most valuable assets. Protecting these assets will require sensitive placement and design of wireless communication facilities (WCFs) to remain in harmony with the character of the community. (Ord. 174, 11-30-2006)

This chapter applies to all wireless communication facilities existing and proposed to be located within the limits of the city of Stanley, Idaho. Wireless communication facilities include personal wireless services as defined by the TCA and licensed by the federal communications commission, including, but not limited to, the types commonly known as cellular, personal communications services ("PCS"), specialized mobile radio ("SMR"), enhanced specialized mobile radio ("ESMR"), paging, land based repeaters for satellite broadcast services, microcell antennas and similar systems which exist now or may be developed in the future and exhibit technological characteristics similar to them. This chapter shall also apply to wireless communication facilities within public rights of way except as may be prohibited by state or federal law. Wireless communication facilities proposed to be located in the city of Stanley may be constructed only pursuant to permits issued by the city in accordance with this chapter and shall comply with all other applicable laws and regulations.

This chapter does not apply to handheld mobile (a.k.a. cordless) phones, satellite dishes, amateur radio facilities, receiving antennas for AM and FM radio and television, unless governed specifically by other sections of this chapter or other applicable law. (Ord. 174, 11-30-2006)

For the purposes of this chapter, the following definitions apply. These definitions shall be adapted to the context for appropriate grammatical tense, number, case and gender.

ANTENNA: A device or system of wires, poles, rods, dishes or other devices of similar function, used for the transmission and/or reception of radio frequency signals for wireless communications, as described in the telecommunications act of 1996. It may include an omnidirectional antenna ("whip"), a directional antenna ("panel") and parabolic antenna ("disc"). It does not include the support structure.

ANTENNA ARRAY: A set of one or more antennas.

COLLOCATION: The use of a common wireless communication facility or common site by two (2) or more service applications, or use by one applicant of a single site for two (2) or more technologies. It is also called "site sharing".

FACILITY: Any component of the wireless communication installation including any towers, antenna array, and any structure or device used to contain ancillary equipment for a wireless communication facility, such as cabinets, shelters, additions to existing structures, pedestals, and other devices serving similar purposes. Typically, it includes an air conditioning unit, a heating unit, electrical supply, telephone hookup and backup power supply and may include any service roads or other access accommodations used to service the facility.

PCS: Personal communications service, as defined in the TCA and federal communications commission regulations.

TCA: The telecommunications act of 1996.

WIRELESS COMMUNICATIONS: Any personal wireless services as defined by the TCA and licensed by the federal communications commission, including, but not limited to, the types commonly known as cellular, personal communications services ("PCSP"), specialized mobile radio ("SMR"), enhanced specialized mobile radio ("ESMR"), paging, ground based repeaters for satellite radio services, microcell antennas and similar systems which exist now or may be developed in future and exhibit technological characteristics similar to them. (Ord. 174, 11-30-2006)

Wireless communication facilities are encouraged to be located in commercial, recreation and public zoning districts whenever feasible. Applicants are encouraged to site facilities on existing nonresidential buildings and existing utility poles or towers. Antenna arrays are required to be located at least one hundred feet (100') from property lines to schools, child daycare centers, hospitals and residential dwellings unless a conditional use permit is granted pursuant to section 17.50.060 of this chapter. Where facilities can be consolidated onto a site and meet the standards of this chapter, such collocation is encouraged. (Ord. 174, 11-30-2006)

Any and all wireless communication antennas, towers, support structures or related communication equipment will require an approved building permit obtained through the building application process and subject to review and approval by the city council.

   A.   All property owners within three hundred feet (300') from the proposed site shall be given notice of the project.

   B.   A propagation permit is required. A permit application is available through the city office. (Ord. 174, 11-30-2006)

A conditional use permit can be considered where the applicant submits evidence demonstrating that there is no other feasible alternative.

A propagation report is required for any conditional use permit. The report shall be reviewed by a third party for independent review at the applicant's expense. The city must approve the choice of the third party reviewer. (Ord. 174, 11-30-2006)

The following information must be submitted with the building permit application:

   A.   Description Of Services: A description of the services the application proposes to offer at the proposed site, including:

      1.   Documentation that the applicant has obtained and is in compliance with all applicable licenses, permits or authorization required by the federal communications commission.

      2.   Location of all existing, proposed and anticipated wireless communication facilities in the applicant's network located in the city, or within one mile of the city limits, in any direction.

      3.   A description of how the proposed facility fits into, and is a necessary part of, the applicant's network.

      4.   If the proposal does not include collocation, written documentation of all efforts made to collocate at another site, and a justification for the decision not to collocate.

      5.   In the instance where a facility is proposed within one hundred feet (100') of any school, child daycare center, hospital or residential dwelling, the applicant shall submit a narrative description of alternative sites considered, if any, and include specific reasons these alternative sites were deemed infeasible.

   B.   Design: All project applications shall adhere to the following criteria:

      1.   Location Relative To Schools, Child Daycare Centers, Hospitals, And Residential Dwellings: Drawings shall include the location of all schools, child daycare centers, hospitals, and residential dwellings within one hundred feet (100') from property line to the foot of the antenna array.

      2.   Height: Wireless communication facilities ("WCFs") shall not exceed twenty eight feet (28') in height above the existing or natural grade or the maximum permissible height of the given zoning district, whichever is more restrictive, unless granted a conditional use permit. No conditional use permit shall be granted that allows a facility within the city of Stanley or its area of impact to exceed a maximum of forty five feet (45') in height. See section 17.50.080 of this chapter for exceptions to the height requirement for roof and facade attached WCFs.

      3.   Minimal Visual Impact: All wireless communication facility applicants shall employ all practical means to conceal or minimize the number of facilities and reduce their visual impact, including:

         a.   Most Diminutive Technology: Use of the smallest components necessary to provide service that is used or proposed for use within Custer County.

         b.   Most Efficient Technology: Use of the most efficient components to serve the city of Stanley. In this context, "most efficient" technology is that which allows the applicant to use the fewest number of wireless communication installations to serve the city of Stanley.

         c.   Stealth Design: The wireless communication facility shall be designed to visually and operationally blend into the surrounding area, in a manner compatible with the local community character. The facility shall use the quietest cooling equipment and "whisper" emergency generating apparatus. Artificial "trees" may be permitted in exceptional circumstances but are highly disfavored and discouraged. When artificial trees are proposed, all paint, materials and colors shall be listed by manufacturer and color number. When an artificial tree is proposed, the applicant shall provide sufficient samples, models or other information to demonstrate that alternative designs have been considered and rejected, and the reasons for the rejections.

         d.   Landscaping: In the event portions of the facility will be exposed to public view, and if additional plantings would further minimize the visual impact of the facility, the applicant shall provide a landscape plan, with an emphasis on native, drought tolerant plants. When existing mature landscaping is proposed to be removed or trimmed for the installation or operation of a wireless communication facility, the applicant shall identify the location of said landscaping by species and size on the landscape plan. In such an instance, trimming or removal of existing landscaping shall be minimal and subject to approval by the city.

         e.   Setbacks: Wireless communication facilities shall comply with all setback requirements for structures within the applicable zoning district. However, where the proposed location would reduce visual impact, improve safety, or otherwise exhibit superior design attributes, the applicant may propose to locate any wireless communication facility component within a required setback.

         f.   Engineering: All facilities shall be professionally engineered with a stamped drawing documenting that the facility has been professionally engineered for the location in Stanley and all of the extremes of the natural phenomena in the area.

   C.   Operational Plan: All applications for wireless communication facilities shall include written assurance that the facilities shall be operated in accordance with the following:

      1.   Security Lighting: Security lighting shall be kept to a minimum in every instance and should only be triggered by a motion detector where practical. Security lighting potentially impacting residential districts and prominent view areas shall be minimized and all lighting shall be compliant with the city's exterior lighting regulations.

      2.   Maintenance: All facilities, landscaping, and related equipment shall be maintained in good working order and free from trash, debris, and graffiti and designed to discourage vandalism. Any damaged equipment shall be repaired or replaced within thirty (30) calendar days. Damaged, dead or decaying plant materials shall be removed and replaced within thirty (30) calendar days.

      3.   Maintenance Hours: Routine maintenance of equipment located in or adjacent to existing residential land uses shall be conducted only during the hours of eight o'clock (8:00) A.M. to five o'clock (5:00) P.M. weekdays, not including holidays. In other areas, routine maintenance may be conducted at any time. Emergency repairs and maintenance shall be conducted only in the cases of power outages and equipment failure or malfunction. Equipment "change out" and overhaul may occur any time with thirty (30) days' notice to the city to allow notice to property owners and residents within one hundred feet (100') of the facility, if applicable.

   D.   Construction Time, Abandonment, And Decommissioning: All wireless communication facilities which receive a permit under this chapter shall be completed and operational within one hundred eighty (180) calendar days of the issuance of the permit and all related permits or licenses. The construction time may be extended for an additional one hundred eighty (180) calendar days upon a showing of good faith efforts to complete the facility, which shall take into account complications beyond the control of the applicant including season considerations. If the facility is not completed and operational by the end of the extension period, then the permit shall expire, and the applicant must reapply for the permit; however, this provision shall not apply when the applicant demonstrates to the satisfaction of the city council that the operational delay is due entirely to factors beyond the control of the applicant, in which event the council may extend the construction time at their discretion. Any facility that ceases operating for more than ninety (90) consecutive days shall be considered abandoned. In such an event, the applicant must either: 1) apply for all permits required at the time of expiration to reactivate the operation, or 2) remove all elements of the facility and restore the site, as negotiated in the lease contract. In the event the applicant fails to comply with permits or perform the removal and restoration within these ninety (90) days, the property owner may seek another applicant for use of the facility within one hundred eighty (180) days or shall have the facility removed. (Ord. 229, 7-31-2025: Ord. 174, 11-30-2006)

Height requirements for facade and roof attached wireless communication facilities shall be as follows:

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

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

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

   D.   Street pole attached WCFs may only extend six feet (6') above the existing street pole. A maximum extension of fifteen feet (15') from the top of the street pole may be permitted pursuant to standards provided by building application permit and/or conditional use permit if a utility disturbance can be clearly demonstrated. Only one WCF shall be permitted on any one street pole. The antenna shall be equal to less than six feet (6') in height, including support system, if any. Surface area of the antenna shall not exceed five hundred eighty (580) square inches. The antenna shall be either fully concealed within the street pole or camouflaged to appear to be an integrated part of the street pole. An antenna not flush mounted on the side of the street pole shall be centered on the top of the street pole to which it is attached and camouflaged or disguised. (Ord. 174, 11-30-2006)

ST543   17.52.txt