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(A) Tower, antenna and facilities requirements. All telecommunication facilities shall be designed to blend into the surrounding environment to the greatest extent feasible. To this end, all of the following measures shall be implemented:
(1) All telecommunication facilities shall comply at all times with all Federal Communication Commission (FCC) rules, regulations, and standards. To that end no telecommunication facility or combination of facilities shall produce at any time power densities in any inhabited area that exceed the Federal Communication Commission (FCC) adopted standard for human exposure, as amended, or any more restrictive standard subsequently adopted or promulgated by the federal government. All telecommunication towers and antennas shall meet or exceed the standards and regulations, in place at the time of the issuance of the conditional use permit, of the Federal Aviation Administration (FAA), the Idaho State Bureau of Aeronautics, Occupational Safety And Health Association (OSHA), the Federal Communication Commission (FCC) and authority to regulate towers and antennas.
(2) Telecommunication towers shall be constructed out of metal or other nonflammable material, unless specifically permitted.
(3) All ground mounted telecommunication towers shall be self-supporting monopoles or lattice towers except where satisfactory evidence is submitted to the Planning and Zoning Commission that a guyed tower is required.
(4) Satellite dish and parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function.
(5) Telecommunication support facilities (such as, equipment rooms, utilities, and equipment enclosures) shall be constructed out of nonreflective materials (visible exterior surfaces only). Telecommunication support facilities shall be no taller than one story, 15 feet in height, measured from the original grade at the base of the facility to the top of the structure, and shall be designed to blend with existing architecture in the area or shall be screened from sight by mature landscaping, and shall be located or designed to minimize their visibility.
(6) Telecommunications towers, facilities and antennas shall be designed and constructed in accordance with the international building code, other applicable state and federal requirements.
(7) The maximum height of an antenna platform located on a rooftop shall be 20 feet above the roof.
(8) Telecommunication facilities shall not interfere with or obstruct existing or proposed public safety, fire protection or supervisory controlled automated data acquisition (SCADA) operation telecommunication facilities. The applicant at no cost to the county shall correct any actual interference and/or obstruction.
(B) Height. The height of a telecommunication tower shall be measured from the original grade at the base of said tower to the highest part of the tower itself. In the case of building mounted towers the height of the tower includes the height of the portion of the building on which it is mounted. In the case of “crankup” or other similar towers whose height can be adjusted, the height of the tower shall be the maximum height to which it is capable of being raised.
(C) Lighting. Telecommunication towers shall not be artificially lighted unless required by the Federal Aviation Administration (FAA) or other applicable regulatory authority.
(D) Site development, roads and parking.
(1) A leased parcel intended for the location of new telecommunication tower(s) and equipment building(s) shall maintain a minimum parcel size of 2,500 square feet. The county’s Planning and Zoning Commission may modify the leased parcel size requirement after public hearing and review.
(2) A parcel owned by the telecommunication carrier and/or provider and intended for the location of new telecommunication tower(s) and equipment building(s) shall meet the minimum size requirement of this subchapter.
(3) All sites must be served by a minimum 25-foot wide easement with a turnaround. The county’s Planning and Zoning Commission may modify the easement and turnaround requirement after public hearing and review. All sites shall use existing access points and roads whenever possible. The respective county highway district or the applicable road jurisdiction shall approve the access point to the site.
(E) Vegetation protection and facility screening.
(1) All telecommunications facilities shall be installed in such a manner so as to minimize disturbance to existing native vegetation and shall include suitable mature landscaping to screen the facility, where necessary. For purposes of this section, MATURE LANDSCAPING shall mean trees, shrubs or other vegetation of a size that will provide the appropriate level of visual screening immediately upon installation.
(2) Upon project completion, the owner(s)/operator(s) of the facility shall be responsible for maintenance and replacement of all required landscaping.
(3) Facility structures and equipment, including supporting structures, shall be located, designed and screened to blend with the existing natural or built surroundings, so as to reduce visual impacts.
(F) Fire prevention. All telecommunication facilities shall be designed and operated in accordance with all applicable codes regarding fire prevention.
(G) Noise and traffic. All telecommunication facilities shall be constructed and operated in such a manner as to minimize the amount of disruption caused to nearby properties. To that end, all the following measures shall be implemented for telecommunication facilities.
(1) Noise producing construction activities shall only take place Monday through Saturday, (non-holidays) between the hours of 6:00 a.m. and 6:00 p.m., except in times of emergency repair.
(2) Backup generators shall only be operated during power outages and for testing and maintenance purposes.
(Ord. 11-05-2009, passed 11-5-2009)
(A) Minimum separation. Minimum separation between telecommunication towers (by tower type):
Proposed Tower Types | Lattice | Guyed | Monopole - 85 Feet in Height or Greater |
Guyed | 1,500 feet | 1,500 feet | 750 feet |
Lattice | 1,500 feet | 1,500 feet | 750 feet |
Monopole - 85 feet in height or greater | 750 feet | 750 feet | 750 feet |
(B) Exceptions.
(1) Two towers may be permitted to be located within 100 feet of each other subject to approval of the county’s Planning and Zoning Commission.
(2) Three towers may be located within 100 feet of each other permitted subject to approval of the county’s Planning and Zoning Commission.
(3) Camouflaged towers are exempt from separation between tower requirements listed above.
(C) Setbacks. All setbacks shall be measured from the base of the tower or structure.
(1) Setbacks from all habitable residential buildings, except buildings located on the subject parcel. All new towers shall be set back a distance equal to 125% of the height of the tower.
(2) Setbacks from all historic sites and districts. All new towers shall be set back a distance equal to 125% of the height of the tower from historic sites and districts.
(3) Setbacks from property lines. All new towers shall be set back a minimum of 50 feet from all property lines. (This requirement does not apply to the boundary of the leased parcel unless the leased parcel boundary is also a property line.) The county’s Planning and Zoning Commission may modify this setback requirement after public hearing and review.
(4) Setback from the ordinary high water mark (OHWM). All new towers shall be set back a minimum of 75 feet from the ordinary high water mark (OHWM) of a navigable stream and a minimum 125% of the tower height from the ordinary high water mark (OHWM) of a navigable lake.
(5) Guy wire anchor setback. All guy wire anchors shall be at least 25 feet from all property lines. The county’s Planning and Zoning Commission may modify this setback requirement after public hearing and review.
(6) Power poles exempt. Power pole change outs are exempt from setback requirements.
(Ord. 11-05-2009, passed 11-5-2009)
A conditional use permit is required for the location of all telecommunication facilities in the county. Proposed colocation on facilities previously approved by the county’s Planning and Zoning Commission shall be approved administratively by the county’s Planning and Zoning Department; provided that, the applicant complies with the provisions of this chapter and provides a completed application and permit fee.
(Ord. 11-05-2009, passed 11-5-2009)
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) Violations of any of the provisions of §§ 153.30 through 153.44 of this chapter, or failure to comply with any of its requirements, may be dealt with in the following manner. Each day such violation continues shall be considered a separate offense and shall constitute a misdemeanor, as defined by state law, and is punishable by up to six months in jail and up to a $300 fine, or both; the county may seek civil penalties and forfeitures to the maximum extent allowed by law.
(Ord. 11-05-2009, passed 11-5-2009)