BUILDING INSPECTOR: The person or department to whom the City may delegate the building inspector duties.

CITY PROPERTY: Any lot or tract of land owned entirely by the City of Wendell, Idaho.

COMMUNICATION EQUIPMENT: Any equipment attached, mounted, or installed at a communication tower site, including antennas, control boxes, cables, conduit, power sources, and other equipment, structures, plant, and appurtenances necessary for the purpose of servicing or operating a communication tower site.

COMMUNICATION TOWER: An elevated structure designed to support equipment used for wireless communication for purpose of transmitting and/or receiving commercially provided wireless internet, Wi-Fi, cellular phone and/or data services, and/or any other form of wireless communication.

COMMUNICATION TOWER SITE: A communication tower including communication equipment.

COMMUNICATION TOWER SITE APPLICATION: A process established so that the building inspector can review surveys, engineered drawings, and other documents associated with the installation of a communication tower site to ensure that the planned installation does not conflict with any ordinances, whether now or in the future passed by the City Council of the City of Wendell, Idaho.

HEIGHT: The distance between the top of a communication tower and the natural grade soil at a communication tower site.

MONOPOLE TOWER: A self-supported single mast hollow steel pipe tower which utilizes a single foundation at its base that takes the vertical, horizontal and most importantly, overturning load of the tower.

PERSON, FIRM OR CORPORATION: Includes a natural person, entity, firm, partnership, association, limited liability company, joint venture, or corporation.

PRIVATE PROPERTY: Any lot or tract within the City of Wendell, Idaho owned by a person, firm, or corporation.

RIGHT-OF-WAY: The surface of, and the space above and below, any publicly dedicated street, road, highway, freeway, lane, path, public way or place, sidewalk, alleyway, boulevard, parkway, drive, or other easement now or hereafter held by the City or over which the City exercises any rights of management control.

UTILITY POLE: A column or post used to support overhead power lines and various other public utilities such as telephone wires, cables, fiber optic cable, and related equipment such as transformers and street lights. (Ord. 532-2017, 12-7-2017)

This chapter does not, and is not intended to release any person, firm or corporation from any applicable State or Federal regulations in regards to the installation, construction, maintenance, or operation of any communication tower site within the City of Wendell, Idaho. (Ord. 532-2017, 12-7-2017)

This chapter does not make unlawful any communication tower site already in place and complying with all laws when this chapter becomes effective. (Ord. 532-2017, 12-7-2017)

It shall be unlawful for any person, firm, or corporation to install, construct, modify, erect, or cause to locate any communication tower site at any location within the Municipal boundaries of the City of Wendell, Idaho in such a way that conflicts with this chapter or any other City ordinances. (Ord. 532-2017, 12-7-2017)

Any person, firm or corporation who commits any of the following shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not more than five hundred dollars ($500.00) for:

   (A)   Any violation of this chapter; or

   (B)   Providing false information to a City official concerning a communication tower site application under this chapter or compliance with this chapter.

Each day or portion of a day during which any violation occurs or continues shall be a separate offense. (Ord. 532-2017, 12-7-2017)

A communication tower site is expressly discouraged on any private property or City property located in an area which is zoned residential. A special use permit process may be used in the attempt to install a communication tower site or to modify a current communication tower site in any area which is zoned commercial or industrial as long as such communication tower site complies with the terms and provisions of this chapter and the provisions of State and Federal laws. (Ord. 532-2017, 12-7-2017)

Any person, firm or corporation who erects, owns, or operates a communication tower site shall affix emergency contact information at each communication tower site. It shall be the person, firm, or corporation's duty to maintain the emergency contact information current at all times. (Ord. 532-2017, 12-7-2017)

Any person, firm or corporation who desires to erect, own, operate, or modify a communication tower site as permitted in this chapter shall first file a special use permit application for the proposed location with the City of Wendell. After fulfilling the requirements of the special use permit application and upon approval of the Wendell City Council, the application will be turned over to the City of Wendell building inspector and application must meet current Building Code. Special use permit fees to be set by resolution. (Ord. 532-2017, 12-7-2017)