A.   An SUP must be approved by the Emmett zoning commission (or city council on appeal) with a subsequent building permit issued by the building official for construction of all new towers. Notice of the public hearing for SUP applications for new towers shall be sent via first class mail to all property owners within one thousand feet (1,000') of the proposed site. Collocation of antennas on a single tower, antennas attached to preexisting structures, routine maintenance or replacement towers that do not exceed the height of an existing tower are permitted uses and not subject to the SUP process.
   B.   The facility shall comply with FCC standards regarding radio frequency (RF) emissions.
   C.   Where applicable, the facility shall have obtained approval from the FAA and the Idaho division of aeronautics prior to operation to determine impacts on aircraft navigation.
   D.   The applicant or owner shall be required to obtain all necessary permits, as may be required under federal, state or local statutes, regulations or ordinances including, but not limited to, building permits.
   E.   The cell site shall be maintained in compliance with all federal, state and local regulations and the construction standards set forth in this chapter.
   F.   All providers shall present a report to the Emmett zoning administrator or building official notifying them of any telecommunication facility whose use will be discontinued and the date the use will cease. If at any time the use of the facility is discontinued for one hundred eighty (180) days, it may be declared abandoned. (This excludes any dormancy period between construction and the initial use of the facility.) The owner and provider will receive written notice from the administrator or building official and instructed to either reactivate the facility's use within one hundred eighty (180) days or dismantle and remove the facility. If reactivation or dismantling does not occur, the city will remove or contract to remove the facility and assess the costs to the owner.
   G.   A minimum six foot (6') tall security barrier shall be provided around the cell site. Any fencing over six feet (6') in height shall require special approval from the Emmett city council but cannot exceed eight feet (8') in height except through a separate variance application.
   H.   The cell site shall be screened on all sides with a minimum five foot (5') wide landscape buffer that contains at least eighty percent (80%) conifer plantings. Trees and shrubs shall be of such a size at the time of planting that within two (2) years at least sixty percent (60%) of the vertical surface is closed and prevents the passage of vision through it. Screening is not required for any portion of the cell site that is visible only from an industrial use property. All landscaping shall be maintained in accordance with section 9-17-14 of this title.
   I.   Any application for a new private or commercial tower or antenna within three hundred feet (300') of the Emmett historic central business district boundary (as defined in the Gem community comprehensive plan) shall be subject to review by the design review board prior to application for an SUP.
   J.   No advertising is permitted on the cell site other than equipment identification or other signage mandated by a federal, state or local governing authority.
   K.   Evidence of legal access to a landlocked cell site from a public right of way shall be provided at the time of application.
   L.   Tower construction, setback, and fall zone standards:
      1.   Within the Emmett airport influence areas overlay zone (or as otherwise determined by the Idaho division of aeronautics), the height limit on the tower or antenna structure shall be as required by the code of federal regulations 14 CFR 77 (safe and efficient use and preservation of the navigable air space).
      2.   Towers over fifty feet (50') in height must be designed to allow for future placement of additional antennas upon the tower. Such towers must also be designed to accept antennas mounted at varying heights.
      3.   If the tower does not exceed the height limitations of the applicable zone, the tower and any accessory structures shall meet the setback requirements of the zone. If the tower does exceed the height limitation of the applicable zone, the tower setbacks shall be determined by the commission during the course of the SUP public hearing. Equipment enclosures shall be set back at least fifteen feet (15') from a front property line and five feet (5') from side and rear property lines.
      4.   In addition to the setback requirement noted in subsection L3 of this section, a fall zone for each tower shall be delineated and permanently restricted from future development, as follows:
         a.   The fall zone shall consist of the land area centered beneath the tower and circumscribed by a circle with a radius equal to a length of one foot (1') for every ten feet (10') of tower height. In addition, when a tower is adjacent to any R-1, R-2, R-3, R-4 or mixed urban residential (MUR) zone, the minimum fall zone shall be no less than the tower height plus ten feet (10') to the shared property line.
      5.   All new towers shall be monopole construction unless an exception is granted by the city council after a public hearing. Towers shall be architecturally and visually compatible with the existing structures, vegetation, and/or uses in the neighborhood or that is planned to exist in the area under the standards of the applicable zone and/or comprehensive plan designation. Stealth towers may be required to achieve the intent of this section. The zoning commission shall consider, but shall not be limited to, the following factors: similar height, color, bulk, and/or shape, or camouflage techniques to disguise the facility. This shall not preclude towers requiring FAA painting and marking from meeting those standards. (Ord. O2012-8, 9-11-2012)