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Blaine County Overview
Blaine County, ID Code of Ordinances
COUNTY CODE OF BLAINE COUNTY, IDAHO
ORDINANCES PENDING REVIEW FOR CODIFICATION
ADOPTING ORDINANCE
TITLE 1 ADMINISTRATION
TITLE 2 BUSINESS AND LICENSE REGULATIONS
TITLE 3 HEALTH AND SAFETY
TITLE 4 POLICE REGULATIONS
TITLE 5 MOTOR VEHICLES AND TRAFFIC
TITLE 6 PUBLIC WAYS AND PROPERTY
TITLE 7 BUILDING REGULATIONS
TITLE 8 COMPREHENSIVE PLAN; AREAS OF IMPACT; AND LOCAL PUBLIC INTEREST WATER POLICY
TITLE 9 ZONING REGULATIONS
CHAPTER 1 TITLE, PURPOSE, INTERPRETATION AND ENACTMENT
CHAPTER 2 DEFINITIONS
CHAPTER 3 GENERAL PROVISIONS
CHAPTER 3A UTILITIES FACILITIES
CHAPTER 3B UTILITIES FACILITIES; SOLAR
CHAPTER 4 ZONING DISTRICTS AND THEIR BASE DENSITIES, OVERLAY DISTRICTS AND BOUNDARIES
CHAPTER 5 PRODUCTIVE AGRICULTURAL DISTRICT (A-20)
CHAPTER 5A PRODUCTIVE AGRICULTURAL DISTRICT (A-40)
CHAPTER 6 RURAL RESIDENTIAL DISTRICT (R-10)1
CHAPTER 6A RURAL REMOTE DISTRICT (RR-40)
CHAPTER 6B RESOURCE CONSERVATION DISTRICT (RC-160)
CHAPTER 7 RESIDENTIAL/AGRICULTURAL DISTRICT (R-5)
CHAPTER 8 RURAL RESIDENTIAL DISTRICT (R-2 1/2)
CHAPTER 9 PLANNED RESIDENTIAL DEVELOPMENT DISTRICT (R-2)
CHAPTER 10 LOW DENSITY RESIDENTIAL DISTRICT (R-1)
CHAPTER 11 MEDIUM DENSITY RESIDENTIAL DISTRICT (R-.4)
CHAPTER 12 HIGH DENSITY RESIDENTIAL DISTRICT (R-1/4)
CHAPTER 13 RECREATION DEVELOPMENT DISTRICT (RD)
CHAPTER 14 GENERAL COMMERCIAL DISTRICT (C)
CHAPTER 15 LIGHT INDUSTRIAL DISTRICT (LI)
CHAPTER 16 HEAVY INDUSTRIAL DISTRICT (HI)
CHAPTER 17 FLOODPLAIN OVERLAY DISTRICT (FP) AND RIPARIAN SETBACK DISTRICT (R)
CHAPTER 18 AIRPORT VICINITY OVERLAY DISTRICT
CHAPTER 19 WETLANDS OVERLAY DISTRICT (WE)1
CHAPTER 20 WILDLIFE OVERLAY DISTRICT (W)
CHAPTER 21 MOUNTAIN OVERLAY DISTRICT (M)
CHAPTER 21A SCENIC HIGHWAY OVERLAY DISTRICT (SHO)
CHAPTER 22 AVALANCHE OVERLAY DISTRICT (A)
CHAPTER 23 SEASONAL USE OVERLAY DISTRICT (SU)
CHAPTER 24 SAWTOOTH CITY ZONES (SCC, SCR-.4)
CHAPTER 25 CONDITIONAL USE PERMITS
CHAPTER 26 RECLASSIFICATION OF A ZONING DISTRICT (REZONE)
CHAPTER 27 NONCONFORMING USES AND BUILDINGS
CHAPTER 28 OFF STREET PARKING AND LOADING FACILITIES
CHAPTER 29 SIGNS
CHAPTER 29A OUTDOOR LIGHTING
CHAPTER 29B ACCESSORY STRUCTURES AND FENCES
CHAPTER 30 VARIANCES
CHAPTER 31 AMENDMENTS
CHAPTER 32 ADMINISTRATION AND ENFORCEMENT
CHAPTER 33 HEARING EXAMINER
CHAPTER 34 POWER ZONING OVERLAY DISTRICT
CHAPTER 35 COMMUNITY HOUSING OVERLAY DISTRICT (CH)
CHAPTER 36 MOBILE HOME/MANUFACTURED HOME PARK OVERLAY DISTRICT (MHO)
TITLE 10 SUBDIVISION REGULATIONS
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9-3-11: ACCESSORY DWELLING UNIT(S) AND TINY HOME ON WHEELS:
The purpose of the accessory dwelling unit and Tiny Home on Wheels regulations is to define an accessory dwelling unit and Tiny Home on Wheels; address under what circumstances it is appropriate to allow increased density on a lot; and address the impacts an accessory dwelling unit or Tiny Home on Wheels may have on the surrounding area such as sanitation, increased traffic and compatibility with the neighborhood.
A conditional use permit obtained from the commission or hearing examiner may be required for an accessory dwelling unit or Tiny Home on Wheels as required below in sections 9-3-11A1, A2 and A4. Notice and hearing procedures contained in chapter 25 of this title shall be followed. The application shall be subject to the provisions contained herein and the standards of evaluation contained in subsections 9-25-3A3 and A4 of this title.
Tiny Home on Wheels shall be regulated in the same way as Accessory Dwelling Units and are subject to the standards herein except where specifically noted.
   A.   Standards: The following standards shall be met prior to issuance of a building permit for an accessory dwelling unit or a zoning review for a Tiny Home on Wheels:
      1.   On lots of less than one acre in size and on an Idaho Department of Environmental Quality regulated community water system or municipal water system, where allowed by South Central Public Health District (a variance from South Central Public Health District may be required) and with a will-serve letter from the Certified Water Operator for the system, one accessory dwelling unit or one Tiny Home on Wheels may be allowed under a conditional use permit.
      2.   On lots of one acre to less than two (2) acres in size, where allowed by South Central Public Health District (a variance from South Central Public Health District may be required), one accessory dwelling unit or one Tiny Home on Wheels may be allowed under a conditional use permit.
      3.   On lots of two (2) acres to less than five (5) acres in size, one accessory dwelling unit or one Tiny Home on Wheels shall be a permitted use.
      4.   On lots of five (5) acres or greater in size:
         a.   One accessory dwelling unit or one Tiny Home on Wheels shall be a permitted use.
         b.   A second accessory dwelling unit or second Tiny Home on Wheels may be allowed under a conditional use permit.
   B.   Restrictions: All accessory dwelling unit(s):
      1.   Shall be limited to a maximum one thousand two hundred (1,200) square foot floor area. Said floor area shall be the total of all floor areas as measured from the exterior face of the exterior walls. ADU garage space up to an additional one thousand two hundred (1,200) square feet is allowed. ADU’s that have floor area of four hundred (400) square feet or less shall use requirements in International Residential Code, Appendix Q - Tiny Houses.
         a.   The area encompassing the mechanical system shall be included in the square footage calculation. If the mechanical equipment is located in the crawl space or the ADU garage, it shall be exempt from the square footage calculation.
         b.   Stairs shall be excluded from the square footage calculation.
         c.   When an attic roof truss system creates an unusable and inaccessible attic space between the interior and exterior wall, the floor area measurement shall be taken from the outside of the interior wall;
      2.   Shall be allowed in the A-20, A-40, R-10, RR-40, R-5, R-21/2, R-2, R-1, R-.4, R-1/4, and RD zoning districts and shall not be allowed in any designated overlay district; except where an accessory dwelling unit is proposed in the floodplain overlay district (see subsection B3 of this section) or on property located within the CH overlay district that is not part of a CH-PUD; or within the MOD and within a platted building envelope or categorically excluded pursuant to section 9-21-4 of this title;
      3.   May be allowed in the floodplain overlay district as a residential use only upon approval by the commission or the hearing examiner of a conditional use permit pursuant to chapter 17 of this title and these provisions;
      4.   Shall meet setbacks for the zoning district in which it is located;
      5.   Shall require a building permit;
      6.   Shall be located on the same lot as the principal residential dwelling unit;
      7.   Shall provide for one parking space in addition to the minimum required for the principal residential dwelling unit;
      8.   All parking for an ADU must be contained on-site. No parking is allowed on the street.
      9.   Shall be prohibited on any lot less than one acre in size, regardless of the applicable zoning district, unless on an Idaho Department of Environmental Quality regulated community water system or municipal water system, has approval from South Central Public Health District and obtains a conditional use permit;
      10.   May be part of an accessory building containing other accessory uses, as allowed in the zoning district provided that: a) the gross floor area of the non-ADU portion of the accessory building does not exceed seventy five percent (75%) of the gross floor area of the primary residence; b) the accessory dwelling unit portion of the building satisfies all applicable regulations; c) the floor area of the accessory dwelling unit and garage associated therewith is separate and distinct from other accessory uses contained within the same building.
   C.   Restrictions: All Tiny Homes on Wheels:
      1.   The proposed moveable Tiny Home on Wheels is licensed and registered with the Idaho Transportation Department Division of Motor Vehicles.
      2.   The proposed moveable Tiny Home on Wheels has been certified by a third-party inspection agency ie: NOAH or other agency approved by Administrator as meeting ANSI A119.5 Standards 1 , NOAH ANSI+ Standards 2 and standards in Section D.
      3.   The Tiny Home on Wheels shall be connected to the water and wastewater system serving the primary residence, as inspected by the South Central Public Health District (wastewater) and the State of Idaho Plumbing Program (potable water connection).
      4.   Wheels may not be removed from the Tiny Home. Applicant/owner of the Tiny Home on Wheels shall be responsible for placement of the Tiny Home on Wheels per manufacturers specifications.
      5.   No exterior additions such as porches, lean-tos or sheds are permitted, with the exception of factory-fabricated porches and decks lower than eighteen inches (18") in height.
      6.   Tiny Homes on Wheels shall comply with 9-3-11.B.2, 3, 4, 6, 7, 8 and 9, and 9-3-11C.1-6 to ensure standards are met. Zoning approval shall terminate in five (5) years and may be renewed if the zoning standards at that time are met. If Tiny Homes on Wheels are removed from Blaine County Code as an allowable use, no structure shall be considered legally non-conforming.
   D.   ANSI + Standards: All Tiny Homes on Wheels: All Tiny Homes on Wheels are required to meet the ANSI A119.5 Standards 3 , NOAH ANSI+ Standards 4 and the following standards listed specific to Blaine County's climatic conditions.
      1.   Inspection Stages 1-5 of the most recent NOAH ANSI+ Standard Inspection Guides 5 shall be certified complete and approved by NOAH and submitted to the Blaine County Zoning Department.
      2.   Additional requirements based on Blaine County's climatic conditions:
         a.   Minimum insulation R-values: Walls R-19, floors R-20 and roof /ceiling R-28. Vapor retarders shall be in accordance with the International Residential Code.
         b.   Windows and doors: Shall have a maximum .30 U-factor.
         c.   Roof Snow Load: Shall meet the site specific requirements set forth in 7-1-3,(01), (M).
         d.   Skirting - Insulated skirting is required.
   E.   Sunset Provision: All references to Tiny Home on Wheels within 9-3-11 and 9-2-1 including all of Sections 9-3-11.C and 9-3-11.D. shall be effective from 5/17/2022 until 5/17/2027. It shall be null and void as of that date unless re-adopted by ordinance. (Ord. 2022-03, 6-15-2022; Ord. 2021-09, 6-15-2021; Ord. 2011-01, 1-18-2011; Ord. 2007-02, 3-20-2007; Ord. 2006-11, 8-22-2006; Ord. 2006-08, 6-29-2006; Ord. 2004-04, 6-7-2004; Ord. 2001-08, 9-10-2001; Ord. 95-5, 4-3-1995; Ord. 2023-01, 1-3-2023)

 

Notes

1
1. American National Standards Institute ANSI 119.5 Standards: https://webstore.ansi.org/
2
2. NOAH ANSI 119.5 + Standards: http://noahcertified.org/
3
1. American National Standards Institute ANSI 119.5 Standards: https://webstore.ansi.org/
4
2. NOAH ANSI 119.5 + Standards: http://noahcertified.org/
5
2. NOAH ANSI 119.5 + Standards: http://noahcertified.org/
9-3-12: SETBACK FOR NEW COMMERCIAL AND LIGHT INDUSTRIAL STRUCTURES:
New commercial and light industrial structures or uses along Highway 75 shall be set back a minimum of one hundred feet (100') from the property line. (Ord. 77-5, 3-28-1977, eff. 4-7-1977)
9-3-13: PLANNED UNIT DEVELOPMENTS (PUDs):
Planned unit developments may be allowed only in the following districts: R-10, R-5, R-21/2, R-2, R-1, R-.4, R-1/4, RD, commercial, light industrial and heavy industrial. Planned unit developments may be allowed in the A-20 district, but only under the following circumstances:
   A. In a designated A-20 transferable development rights receiving area if, as part of the PUD, development rights are being transferred to the site from a TDR sending area to increase the maximum allowable density in the receiving area (see sections 9-5-7 to 9-5-9 of this title), or
   B. When land zoned A-20 is contiguous to land in the same ownership that is zoned R-5 or R-10, the base density of the A-20 parcel may be transferred to the contiguous R-5 or R-10 land if development restrictions are placed on the A-20 parcel to restrict all future residential and nonresidential development, except that associated with agricultural purposes. (Ord. 2006-07, 6-29-2006; Ord. 95-1, 1-9-1995)
9-3-14: DAYCARE FACILITIES:
   A. Intent: Blaine County recognizes that the need to establish reasonably priced and closely located childcare facilities is a nationwide concern and is being addressed throughout the country. In order for working parents to continue working or because only a two (2) income family can maintain a reasonable standard of living, parent(s) must be able to find affordable local care for their children. This is not always available in the commercial area of the cities where higher costs and less attractive physical facilities are centered. In an effort to achieve an equitable balance between the private property rights of neighbors and the community needs for childcare facilities, this title is amended to provide a separate section to establish the county's desire to accommodate such facilities. Blaine County recognizes that the impact of initial and subsequent daycare facilities in a neighborhood may differ and that subsequent daycare facilities in a neighborhood may create excessive noise and traffic in residential areas requiring the denial of an application of a conditional use permit for a daycare facility. By approving the concept of childcare facilities in residential areas with appropriate limits, the county is adding its recognition of the importance of childcare to the concerns being expressed throughout the United States and sending a message of support for this service within Blaine County.
   B. Definitions: As used in this section, the following words and terms shall have the meanings ascribed to them in this subsection:
   DAYCARE CENTER: A home providing daycare for thirteen (13) or more children under twelve (12) years of age.
   DAYCARE FACILITY: Means and includes a group daycare facility and a daycare center.
   GROUP DAY CARE FACILITY: A home providing day care for five (5) to twelve (12) children under twelve (12) years of age.
The number of children allowed in a group day care facility does not include the care givers' own children and refers to the number of children during any given time.
   C. Conditional Use:
      1. Prohibited In Light Or Heavy Industrial Districts: Any group day care facility or day care center shall obtain a conditional use permit pursuant to Chapter 25 of this Title. No day care facility may be established in either a Light Industrial or Heavy Industrial District. Day care centers will be allowed in only a General Commercial District.
      2. Standards Of Evaluation: The standards of evaluation set forth in subsection 9-25-3A of this Title shall be evaluated before the issuance of any conditional use permit for a day care facility except evidence of traffic generated by vehicles dropping off and picking up children staying at a day care facility will not be the controlling factor in the approval or denial of a conditional use permit for a day care facility located in a residential or agricultural district. Evidence of sounds made by children at a day care facility will not be deemed "excessive noise" unless the noise on an effected landowner's property is greater than sixty (60) dba. The point on a complaining neighbor's property for measurement of noise will be the nearest side of the complaining neighbor's house to the child care facility. Furthermore, the provisions set forth in Section 9-3-1 of this Chapter shall not be considered in an application for a conditional use permit for a day care facility. The occasional care of a neighbor's, relative's or friend's child or children by a person not ordinarily in the business of child care shall not be considered a conditional use and will not require a conditional use permit.
      3. Procedures: The procedures for a conditional use permit set forth in Sections 9-25-2, 9-25-4, 9-25-5, 9-25-6, 9-25-7 and 9-25-9 of this Title shall apply in any application for a conditional use permit for any child care facility.
      4. Requirements And Standards To Be Continued: Any approved day care facility shall continue to meet the requirements and standards of a conditional use permit for a day care facility and failure to continue to meet the requirements and standards shall result in the revocation of a conditional use permit for a day care facility. Existing day care facilities which are sold or otherwise transferred to another individual or entity shall obtain a new conditional use permit and licenses.
      5. Expiration: Each conditional use permit for a day care facility shall expire after two (2) years unless the Commission has previously granted a lesser expiration period. Thirty (30) days before any expiration period, the applicant shall notify the Administrator who will review the conditional use permit for compliance with this Title and with any previously imposed conditions. If deemed necessary by the Administrator, the Commission shall hear public comment and review the conditional use permit pursuant to the standards of this Title. No fee is required for renewal of a conditional use permit.
   D. Mandatory Requirements:
      1. State Basic Day Care License: Any approved day care facility shall comply with the provisions of Idaho Code, chapter 11, title 39, and any approved day care facility shall obtain and maintain a current basic day care license from the Idaho Department of Health and Welfare pursuant to Idaho Code, chapter 11, title 39. A basic day care license shall be renewed every two (2) years and proof of renewal shall be furnished to the Blaine County Planning and Zoning Office.
      2. Radon Test: Any approved day care facility shall submit to a radon test and show proof indicating radon levels for the facility below four (4) pico curies per liter. A radon test will be conducted at the lowest level of the facility at which the children will normally be in attendance. A new radon test showing compliance with the standards stated herein will be required before renewal of a conditional use permit.
      3. Hours Of Operation In Residential And Agricultural Zones: Any approved group day care facility in residential and agricultural zones shall operate only on Monday through Friday between the hours of six thirty o'clock (6:30) A.M. and six thirty o'clock (6:30) P.M. The maximum number of children in any group day care facility on weekdays shall not exceed twelve (12) children at any one time nor more than eighteen (18) children between six thirty o'clock (6:30) A.M. and six thirty o'clock (6:30) P.M. Group day care facilities in residential and agricultural zones may provide day care for no more than four (4) children during any one day on weekends or on Federal and state holidays and for no more than four (4) children on weekdays between six thirty o'clock (6:30) P.M. and six thirty o'clock (6:30) A.M. All children in group daycare facilities on weekends or federal and state holidays shall remain indoors until ten o'clock (10:00) A.M.
      4. Weekends And Holidays: Except as provided herein, any approved daycare facility shall not operate on a Saturday, Sunday and federal or state holidays.
      5. Exterior Play Areas: Any approved daycare facility with exterior play areas for children shall be fenced if the facility is near major roads or water hazards, or if deemed necessary for the safety of the children.
      6. Parking Facilities: Any approved daycare facility shall provide adequate and safe parking facilities for pick up and drop off of children and shall not create any traffic hazards. If deemed necessary, the conditions for parking and prevention of traffic hazards may include, but are not limited to, paving, lighting, snow removal and installing reflectors and safety signs.
      7. Signs: Any approved daycare facility shall not post any sign for advertisement purposes.
      8. Inspections: Any approved daycare facility must consent to unannounced inspections by the staff of the Blaine County planning and zoning department to determine whether the facility is complying with the conditions of any conditional use permit for a daycare facility.
      9. Health District Approval: Any approved daycare facility must obtain a letter of approval from the South Central health district.
      10. Actions By Commission: The conditions set forth in section 9-25-5 of this title may be attached to any conditional use permit for a daycare facility.
      11. CPR On Premises: Any approved daycare facility shall ensure that there is at least one person on the premises who has attended and completed a basic cardiopulmonary resuscitation (CPR) course and has received a current certificate of completion for the CPR course.
      12. Smoking: Any approved daycare facility shall not allow smoking on the premises when children are in attendance.
      13. List Of Children And Pertinent Information: Any approved daycare facility shall post in a conspicuous place a current list with the child's name, age, home address and parent's or custodian's home and work phone numbers.
Failure to maintain any of the conditions set forth in this subsection may be reviewed by the commission and may result in the revocation of a conditional use permit for a daycare facility.
   E. Enforcement: Operation of a daycare facility without a conditional use permit or in violation of an issued conditional use permit is a misdemeanor and subject to penalty as provided in section 1-4-1 of this code. Each day that such a violation continues shall constitute a separate criminal offense. Any landowner, tenant, subdivider, builder, public official or other person who commits, participates in, assists in or maintains such violation may be found guilty of a misdemeanor.
   F. Disclaimer: The issuance of a conditional use permit for any daycare facility shall not constitute a representation or affirmance to any person that the facility is free from risk with regard to the standards under state law, county ordinance or as a condition of a conditional use permit. The county, its political subdivisions and its employees or agents shall not be liable for nor shall a cause of action exist for any loss or damage based upon the failure of any person or daycare facility to meet the standards under state law, county ordinance or as a condition of a conditional use permit. (Ord. 88-5, 1-12-1989; Ord. 77-5, 3-28-1977, eff. 4-7-1977)
9-3-15: ROAD AND DRIVEWAY ACCESS STANDARDS FOR EMERGENCY VEHICLES:
   A. All new driveways or roads, public or private, which are located on the applicant's property, shall be provided and maintained in accordance with the provisions of the international fire code fire apparatus access road standards, as may be amended and adopted by the state of Idaho or the county of Blaine. Aggrieved parties may appeal the decision of the applicable fire chief, fire code official or building official to the appointed board of appeals as set forth in the applicable Blaine County fire protection ordinance.
   B. All new driveways or roads, public or private, across hillside slopes that exceed twenty five percent (25%) shall be constructed in accordance with the standards set forth in chapter 21, "Mountain Overlay District (M)", of this title.
   C. Fire apparatus access roads standards in the fire code is amended to provide the exception as follows: When fire apparatus access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, one single-family structure under one thousand two hundred (1,200) square feet may be allowed, provided spark arresters, clearance from surrounding vegetation, noncombustible roof materials and required fire control equipment are used, and further provided, that all other requirements contained in this title and title 10 of this code have been met. (Ord. 2006-15, 10-26-2006; Ord. 91-15, 11-25-1991)
9-3-16: WIRELESS COMMUNICATION FACILITIES:
9-3-16-1: PURPOSE AND INTENT:
The purpose and intent of this section 9-3-16 is to provide for an appropriate method of review, evaluation and decision upon conditional use permit applications for wireless communication facilities, provide for the timely processing of applications, and preserve community values expressed in the comprehensive plan. These regulations seek to preserve the natural beauty as exhibited by the mountainous terrain that is the cornerstone of Blaine County's recreation industry, and ensures a quality of life that is important to the county's residents. Blaine County derives many of its community values and environmental quality from the way it appears to residents, visitors and those passing through. These regulations recognize that the location, siting and design of wireless communication facilities is first and foremost a land use issue, which considers the impact of wireless communication facilities on the surrounding natural and manmade environments.
The goals of this section 9-3-16 are to: a) allow for various types of wireless communications facilities subject to location, siting and design standards; b) require wireless communication facilities to be sited in a manner that eliminates to the greatest extent possible, the visual impact of wireless communication facilities; c) promote wireless communications facilities that are compatible with surrounding land uses; d) protect the beauty of the natural environment by eliminating the potential visual blight of wireless communication facilities to the greatest extent possible; and e) safeguard the health, safety, general welfare, and property values of the community.
These wireless communication facility regulations are consistent with the limitations of section 704 of the telecommunications act, as adopted by the U.S. congress, that defines personal wireless services and personal wireless service facilities and preserves local zoning authority over decisions regarding the placement, construction, and modification of personal wireless service facilities except for five (5) limitations. The first limitation is that a local government shall not unreasonably discriminate among providers of functionally equivalent services. The second limitation is that a local government shall not prohibit or have the effect of prohibiting the provision of personal wireless services. The third limitation is that a local government shall act on any request for authorization to place, construct, or modify personal wireless service facilities within a reasonable period of time after the request is filed. The fourth limitation is that a local government shall put any decision to deny a personal wireless service facility into writing and support such decision by substantial evidence contained in a written record. The fifth limitation is that a local government shall not regulate personal wireless service facilities on the basis of the environmental effects of radio frequency emission to the extent that such facilities comply with the federal communication guidelines. Section 704 of the telecommunications act does not pertain to radio and broadcast facilities, which are subject to local zoning regulations. It is the intent of Blaine County that these regulations apply uniformly to wireless communication facilities and broadcast service facilities as they have similar visual impacts on the surrounding area. (Ord. 2001-09, 10-1-2001)
9-3-16-2: DEFINITIONS:
ANTENNA: A whip (omnidirectional antenna), panel (directional antenna), disc (parabolic antenna) or similar device used for transmission and/or reception of radio frequency signals.
ANTENNA ARRAY: One or more whips, panels, discs, or similar devices used for the transmission or reception of radio frequency signals, which may include omnidirectional antennas (whips), directional antennas (panels), and parabolic antennas (discs). The antenna array does not include the "mount" as defined herein.
APPLICANT: The applicant for a WCF shall include the property owner, all personal wireless or broadcast service providers that will locate on the WCF, and the owner of the mount if different than the service providers or property owner.
BROADCAST SERVICE FACILITIES: A facility that transmits and/or receives broadcast signals for television and/or radio. Broadcast service facilities include antennas, microwave dishes, parabolic antennas, directional antennas and other types of equipment for the transmission or receipt of broadcast signals; towers or other structures supporting the equipment; equipment buildings, shelters, cabinets; parking area, and other accessory development.
CAMOUFLAGE: To disguise, mask or alter the appearance of a WCF so as to obscure the identity or true nature of the facility.
CARRIER: A company licensed by the federal communications commission (FCC) that provides wireless services. A tower builder is not a carrier.
CELLULAR: A form of personal wireless services operating in the 800 MHz spectrum, or its successor technology.
COLLOCATION: The use of a common mount or common site by two (2) or more wireless license holders or by one wireless license holder for more than one type of communications technology as well as placement of two (2) or more WCFs on adjacent properties.
COMMERCIAL MOBILE RADIO SERVICES (CMRS): Pursuant to section 704 of the telecommunications act of 1996, any of several technologies using radio signals at various frequencies to send and receive voice, data and video; a form of personal wireless services. According to the FCC, these services are "functionally equivalent services". Section 704 of the telecommunications act prohibits unreasonable discrimination among functionally equivalent services.
CONCEAL: To enclose a WCF within a natural or manmade feature resulting in the facility being either invisible or made part of the feature enclosing it.
DISGUISE: See definition of Camouflage.
ELEVATION: The measurement of height above mean sea level.
ENHANCED SPECIALIZED MOBILE RADIO (ESMR): Private land mobile radio with telephone services.
EQUIPMENT CABINET/EQUIPMENT SHELTER: An enclosed structure at the base of the mount within which are housed the equipment for the WCF such as batteries and electrical equipment.
FALL ZONE: The area within a prescribed radius from the base of a WCF. The fall zone is the area within which there might be a potential hazard from falling debris or a collapsing mount.
FEDERAL COMMUNICATIONS COMMISSION (FCC): An independent federal agency charged with licensing and regulating wireless communications at the national level.
FUNCTIONALLY EQUIVALENT SERVICES: Forms of personal wireless services including cellular, PCS, enhanced specialized mobile radio, specialized mobile radio and paging. Section 704 of the telecommunications act prohibits unreasonable discrimination among functionally equivalent services.
HEIGHT: The distance measured from above ground level to the highest point of a WCF, including the antenna array. For purposes of measuring height, all antennas or other attachments mounted on a structure shall be included in the measurements to determine overall combined height.
LICENSED CARRIER: Any party authorized by the FCC to operate in an assigned frequency.
MONOPOLE: The shape of mount that is self supporting with a single shaft of wood, steel or concrete.
MOUNT: The structure or surface upon which antennas are mounted, e.g.:
   A.Roof Mounted: Mounted on the roof of a building;
   B.Side Mounted: Mounted on the side of a building;
   C.Ground Mounted: Mounted on a monopole, mast, pole or tower;
   D.Structure Mounted: Mounted on a structure other than a building.
PERSONAL WIRELESS SERVICE FACILITY: Facility for the provision of personal wireless services, as defined by section 704 of the telecommunications act of 1996. A personal wireless service facility is any unstaffed facility for the transmission and/or reception of personal wireless services, usually consisting of an antenna array, transmission cables, equipment shelter and a mount.
PERSONAL WIRELESS SERVICES: Any personal wireless service defined in the federal telecommunications act which includes federal communications commission (FCC) licensed commercial wireless telecommunications services including, but not limited to, cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging as well as unlicensed wireless services, and common carrier wireless exchange access services.
PUBLIC EMERGENCY SERVICE AGENCY: Any public agency directly responsible for providing police, fire, safety, ambulance, or emergency medical care services to the public.
RADIO FREQUENCY (RF) ENGINEER: A professionally trained, licensed electrical or microwave engineer who specializes in the study of radio frequencies.
RADIO FREQUENCY (RF) SIGNAL: The actual beam or radio waves sent and received by a WCF. A signal contains RF emissions.
RADIO FREQUENCY RADIATION (RFR): The emissions from a WCF that can, in excessive amounts, be harmful to humans. RF emissions are part of the RF signal.
REFERENCE ROAD: Any federal public road, state highway or road, or county road designated as graded and drained, or higher improvement designation, on the official county highway map, located within Blaine County.
SECURITY BARRIER: A locked, impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespass.
SPECIALIZED MOBILE RADIO (SMR): A form of dispatch or two-way communication used by companies that rent space or time from an SMR carrier, a form of personal wireless service. Used primarily for data, delivery vans, truckers or taxis within a small, definable geographic area.
TOWER: A generic term used to describe a mount used for the attachment of antenna, microwave communication equipment, parabolic antennas, directional antennas and other types of equipment for the transmission or receipt of RF signals.
UNLICENSED WIRELESS SERVICES: Commercial mobile services, a form of personal wireless services, that can operate on public domain frequencies and therefore need no FCC license for their sites.
UTILITY POLE: A telephone pole, utility distribution pole, streetlight or traffic signal stanchion, that is commonly used in Blaine County to provide telephone service, cable television, electricity or light. A monopole is not a utility pole.
WIRELESS COMMUNICATIONS FACILITY (WCF): A facility that transmits and/or receives electromagnetic signals for voice, data, image, graphic and other information, including antennas, microwave dishes, parabolic antennas, directional antennas and other types of equipment for the transmission or receipt of such signals; towers or other structures supporting the equipment; equipment buildings, shelters, cabinets; parking area, and other accessory development. WCFs include, but are not limited to, personal wireless services and facilities as defined by section 704 of the telecommunications act of 1996, and broadcast service facilities. (Ord. 2001-09, 10-1-2001)
9-3-16-3: ZONING DISTRICT REGULATIONS:
The placement, use or modification of a WCF as allowed by law within unincorporated Blaine County, is subject to the provisions of this title. A WCF shall be a conditional use in each residential, agricultural, recreational, commercial and industrial zone in the county, unless a written categorical exclusion from the conditional use permit process has been granted by the administrator as provided in section 9-3-16-7 of this chapter. A WCF located within a designated overlay district is also subject to the requirements of said overlay district as set forth in this title. (Ord. 2001-09, 10-1-2001; amd. Ord. 2023-01, 1-3-2023)
9-3-16-4: REQUIREMENTS FOR EXISTING WCFs:
   A. An existing WCF that is constructed and is being operated in compliance with a conditional use permit issued by the county on or before October 10, 2001, the effective date of Blaine County ordinance 2001-09, shall constitute a lawful nonconforming structure and use to the extent said WCF does not conform to the requirements of this section 9-3-16. Said WCF shall be governed by the terms of said permit and chapter 27, "Nonconforming Uses And Buildings", of this title.
   B. Any expansion, addition, alteration, modification and/or change to a county approved WCF, including collocation by another carrier, requires a conditional use permit unless categorically excluded and is subject to the requirements of this section 9-3-16.
   C. Any existing WCF improvements that are not in compliance with a valid conditional use permit or categorical exclusion, or WCFs that have been constructed without a valid conditional use permit or categorical exclusion, are subject to the enforcement measures as set forth in section 9-32-5 of this title, and may be removed by the county at the expense of the owner of the mount, service provider, and/or property owner.
   D. A WCF that has been damaged or destroyed by natural causes may be restored as set forth in chapter 27 of this title, except when the surrounding screening vegetation or other aspects of the site that were the basis of the approval of the conditional use permit or categorical exclusion are so damaged that the site cannot be reasonably restored to its previous condition. In which case, no grandfathered rights run with the WCF, and any new WCF shall comply with this section 9-3-16.
   E. Any personal wireless or broadcast service provider with an existing WCF(s) in Blaine County, including within the incorporated cities, or on state or federally administered lands, may be required to demonstrate that they have obtained necessary permits from the governing jurisdiction, by providing an accounting of said facilities and permits issued, before any conditional use permit application or categorical exclusion request for an additional WCF for that carrier is certified as complete by Blaine County. As part of the application process, agency comment from the governing jurisdiction in which the existing WCF is located may be sought. If the jurisdiction does not respond within thirty (30) days of said request, the application for the new WCF may be certified as complete, provided all other submittal requirements have been satisfied. (Ord. 2014-05, 10-27-2014)
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