§ 153.16 ADMINISTRATIVE PROCEDURES.

   (A)   Upon receipt of a development application, the county shall follow the notification and public hearing requirements specified in Idaho Code Title 67. All applications must be sign by the property owner in question. It shall be the applicant’s responsibility to collect and turn into the city, as part of his or her application, the names of all property owners within 300 feet of the property (excluding streets and alleys) if such notification is required.

   (B)   Applications for variances to the code shall be considered when they are not contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this subchapter will result in an unnecessary hardship because of the physical characteristics of the site. A variance is a modification of the requirements of this subchapter such as minimum lot size, width, depth, setbacks affecting the size or shape of the structure or the placement of the structure upon lots, or the size of the lots. A variance shall not be considered a right or privilege and will only be granted to the applicant if hardship is proven and it is not in conflict with the public interest.

(Ord. 96-9-4, passed 9-16-1996)

§ 153.17 LAND USE SCHEDULE.

Land Use	Zone
	R/A	C	I
AGRICULTURAL
Agricultural, general	P	P	P
Farm animals (1 unit per acre)	P	P	P
Farm animals (more units per acre)	S	S	S
Roadside stand		P	P
COMMERCIAL
Adult book store		S
Amusement centers, indoor		P
Auto sales/repair		P
Bakery		P
Bank		P
Barber/beauty shop	S	P
Bar		P
Building supply outlet		P
Car wash		P
Child care facility	S	P
Dairies			S
Dance studio	S	P
Drive in restaurant		P
Drug store	S	P
Dry cleaner	S	P
Equipment rental/sales		P
Feed lots			S
Food store	S	P
Gift shop		P
Hotel/motel		P
Junk yard/secondhand sales		S	S
Medical/dental	S	P
Laundromat	S	P
Nursery	S	P	S
Office, professional		P
Recreational vehicle park		P
Restaurant	S	P
Retail stores/services		P
Service station	S	P
Theater		P
Wholesale operations		S	P
INDUSTRIAL
Heavy industries			P
Light industries			P
Manufacturing plants			P
Processing plants			P
PUBLIC/SEMI-PUBLIC
Churches or parish halls	P	S	S
Public facilities	P	P	P
RESIDENTIAL
Apartment houses	S
Duplexes/triplexes	S
Home occupations	P
Manufactured home	P	S	S
Manufactured home park	S
More than 1 dwelling per lot	S
Single-family dwelling	P	S	S
Temporary housing (construction)	S	S	S

 

(Ord. 96-9-4, passed 9-16-1996)

TELECOMMUNICATION TOWERS, ANTENNAS AND RELATED FACILITIES

§ 153.30 PURPOSE.

   (A)   The purpose of this subchapter is to provide a set of standards for the development and installation of telecommunication towers, antennas and related facilities. The regulations contained herein are designed to protect and promote public health, safety and the community welfare of the county, and to encourage managed development of telecommunications infrastructure, while not unduly restricting the development of needed telecommunications facilities.

   (B)   The county shall apply these regulations to accomplish the following:

      (1)   Minimize adverse visual effects of telecommunication towers, antennas and related facilities through design and siting standards;

      (2)   Maintain and ensure that a non-discriminatory, competitive and broad range of telecommunications services and high quality telecommunications infrastructure consistent with the Federal Telecommunications Act of 1996 are provided to serve the community;

      (3)   Provide a process for obtaining necessary permits for telecommunications facilities while at the same time protecting the interests of the county citizens;

      (4)   Protect environmentally sensitive areas of the county by regulating the location, design and operation of telecommunication facilities; and

      (5)   Encourage the use of alternative support structures, colocation of new antennas on existing telecommunication towers, camouflaged towers and construction of towers with the ability to locate more than one provider.

   (C)   Furthermore, this chapter is not intended to regulate residential satellite dishes or residential television antennas that are used privately. Additionally, it is not intended to regulate satellite dishes/ antennas whose regulation is prohibited by state statutes or as preempted by federal law.

(Ord. 11-05-2009, passed 11-5-2009)

§ 153.31 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ALTERNATIVE SUPPORT STRUCTURE. Clock towers, steeples, silos, light poles, water towers, buildings or similar structures that may support telecommunication facilities.

   ANTENNA. Any system of wires, poles, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves when such system is either external to or attached to the exterior of a structure. ANTENNAS shall include devices having active elements extending in any direction, and directional beam type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the ANTENNA.

   ANTENNA, BUILDING MOUNTED. Any antenna, other than an antenna with its supports resting on the ground, directly attached or affixed to a building.

   ANTENNA, GROUND MOUNTED. Any antenna with its base placed directly on the ground.

   BUILDING. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind.

   CAMOUFLAGED TOWER. Any telecommunication tower that due to design or appearance entirely hides, obscures or conceals the presence of the tower and antennas.

   CARRIER. Any company, corporation, firm or individual who provides or supplies wireless telecommunication service. For the purpose of this subchapter, PROVIDER shall have the same meaning as CARRIER.

   GUYED TOWER. A telecommunications tower that is supported in whole or in part by guy wires and ground anchors or other means of support besides the superstructure of the tower itself.

   HEIGHT, TELECOMMUNICATIONS TOWER. The distance measured from the original grade at the base of the tower to the highest point of the tower. This measurement excludes any attached antennas, protection devices (e.g., lightning rods) and lighting.

   LATTICE TOWER. A telecommunication tower that consists of vertical and horizontal supports and crossed metal braces.

   MONOPOLE. A telecommunication tower of a single pole design.

   NAVIGABLE STREAM OR LAKE. As designated on the United States geological survey (USGS) map and/or the county zoning map.

   NON-CONFORMING. Any preexisting telecommunications facility that was in existence prior to the adoption of this subchapter and that has not been issued a conditional use permit or was issued a conditional use permit prior to the adoption date hereof.

   OPERATION. Other than nominal use; when a facility is used regularly as an integral part of an active system of telecommunications, it shall be deemed in OPERATION.

   PLATFORM. A support system that may be used to connect antennas and antenna arrays to telecommunication towers or alternative support structures.

   SATELLITE DISH. A device incorporating a reflective surface that is solid, open mesh or bar configured that is shallow dish, cone, horn or cornucopia shaped and is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, TVROs (satellite television receive only) and satellite microwave antennas.

   TELECOMMUNICATION FACILITY. A facility, site or location that contains one or more antennas, telecommunication towers, alternative support structures, satellite dish antennas, other similar communication devices and support equipment, which is used for transmitting, receiving or relaying telecommunications signals.

   TELECOMMUNICATION FACILITY COLOCATED. A telecommunication facility comprised of a single telecommunication tower or building supporting multiple antennas, dishes or similar devices owned or used by more than one public or private entity.

   TELECOMMUNICATION SUPPORT FACILITY. The telecommunication equipment buildings and equipment cabinets.

   TELECOMMUNICATIONS TOWER. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including camouflaged towers, lattice towers, guyed towers or monopole towers. This includes radio and television transmission towers, microwave towers, and common carrier towers.

   UTILITY POLE MOUNTED ANTENNA. An antenna attached, without regard to mounting, to or upon an existing or replacement electric transmission or distribution pole, streetlight, traffic signal, athletic field light, utility support structure or other similar structure approved by the county’s Planning and Zoning Department.

   ZONING ADMINISTRATOR. The official appointed by the Board of County Commissioners to administer the county’s Zoning Ordinance.

(Ord. 11-05-2009, passed 11-5-2009)

§ 153.32 COUNTY APPROVALS; EXEMPTIONS.

   The following shall be permitted without county approvals:

   (A)   Accessory use antennas. The use of all television antennas, satellite dishes and receive only antennas; provided that, the primary use of the property is not a telecommunications facility and that the antenna use is accessory to the primary use of the property;

   (B)   Amateur radio. This subchapter shall not govern the installation of any antenna and its supporting towers, poles and masts that is owned and/or operated by a federally licensed amateur radio operator, or is used exclusively for receive only antennas;

   (C)   Temporary mobile services. Mobile services providing public information coverage of new events of a temporary or emergency nature;

   (D)   Freestanding antennas. Freestanding (ground mounted antenna) antennas (not supported on or attached to a building) and their supporting towers, poles or masts and their equipment buildings 120 square feet or less in size, may be installed without a zoning permit when the overall height of the antennas and their supporting structures do not exceed a height of 20 feet above the original grade at the site of the installation;

   (E)   Building, tower or structure mounted antennas. Antennas installed on, or attached to, any existing building (building mounted antenna), an existing telecommunication tower or alternative support structure and their equipment buildings 120 square feet or less in size, when the height of the antenna and its supporting tower, pole or mast is 20 feet or less above the highest part of the building or alternative support structure to which it is attached. Antennas installed on, or attached to, any existing building, an existing telecommunication tower or alternative support structure and their equipment buildings; and

   (F)   Utility pole mounted antennas. Utility pole mounted antennas if the height of the antenna is 20 feet or less above the highest part of the utility pole.

(Ord. 11-05-2009, passed 11-5-2009)

§ 153.33 AREAS PERMITTING LOCATION BY CONDITIONAL USE OR ADMINISTRATIVE APPROVAL.

   Telecommunications facilities may be permitted in the following zones, subject to the provisions of this subchapter:

   (A)   Agricultural Range Preservation Zone;

   (B)   Agricultural Zone;

   (C)   Rural Residential Zone;

   (D)   Commercial Zone; and

   (E)   Industrial Zone.

(Ord. 11-05-2009, passed 11-5-2009)