8-18-5: SPECIAL USE PERMIT:
When required by the official schedule of zoning regulations, an application will be submitted for approval pursuant to the procedure established in chapter 15 of this title for the location and construction of telecommunication towers or associated structures.
   A.   Submittal Information: Applications for telecommunication towers and associated structures will provide the following information:
      1.   Completed special use permit application.
      2.   Original signature of applicant and landowner (if the telecommunication facility is located in an easement or pursuant to a ground lease, the beneficiaries of the easement or ground lease and underlying property owner must authorize the application).
      3.   The identity of the carrier, provider, applicant, landowner and service provider and their legal status.
      4.   The name, address and telephone number of the officer, agent and/or employee responsible for the accuracy of the application.
      5.   A plat of survey, showing the parcel boundaries, tower, facilities, location, access, landscaping and fencing.
      6.   A written legal description of the site.
      7.   In the case of a leased site, a lease agreement or binding lease memorandum, which shows on its face that it does not preclude the tower owner from entering into leases on the tower with other provider(s) and the legal description and amount of property leased.
      8.   A description of the telecommunications services that the applicant offers or provides, to persons, firms, businesses or institutions.
      9.   Federal communication commission (FCC) license numbers and registration numbers, if applicable.
      10.   Copies of finds of no significant impacts (FONSI) statement from the federal communication commission (FCC) or environmental impact study (EIS), if applicable.
      11.   An alternatives analysis prepared by the applicant or on behalf of the applicant by its designated technical representative, subject to the review and approval of the planning and zoning commission, which identifies all reasonable, technically feasible, alternative locations and/or facilities which could provide the proposed telecommunication service. The intention of the alternatives analysis is to present alternative strategies that could minimize the number, size, and adverse environmental impacts of facilities necessary to provide the needed services to the county. The analysis shall address the potential for collocation and the potential to locate facilities as close as possible to the intended service area. It shall also explain the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives. Approval of the project is subject to the review and approval of the planning and zoning commission. The county may require independent verification of this analysis at the applicant's expense, the consultant will be chosen by the planning and zoning commission from a list mutually agreed upon by the county and the telecommunications industry.
      12.   Plans indicating security measures (e.g., access, fencing, lighting, etc.).
      13.   Tabular and map inventory of all of the applicant's existing telecommunications towers that are located within the city of Paul and including all of the applicant's existing towers within one thousand five hundred feet (1,500') of the county boundary. The inventory shall specify the location, height, type, and design of each of the applicant's existing telecommunication towers, and the ability of the tower or antenna structure to accommodate additional collocation antennas.
      14.   A report prepared by an engineer licensed by the state of Idaho certifying the structural design of the tower and its ability to accommodate additional antennas.
      15.   Proof of liability coverage.
      16.   Such other information as the planning and zoning commission may require.
      17.   Proof of notification to and request for approval from the federal aviation administration with respects to tower location, height and lighting requirements. (Ord. 411, 8-14-2002)
   B.   Collocation: As a condition of approval of the special use permit and/or building permit all tower owners shall make available unused space for collocation of other telecommunication facilities, including space for those entities providing similar, competing services. Collocation is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service.
All telecommunication support facilities shall be designed to facilitate site sharing. Special use permits or building permits for new telecommunication towers will not be issued until the applicant demonstrates that collocation on an existing facility is not feasible. Feasibility shall be determined through a review process by the commission. (Ord. 2005, 10-12-2005)
   C.   Technical Review: The planning and zoning department, upon direction of the city of Paul planning and zoning commission, shall employ on behalf of the county an independent technical expert to review materials submitted. The consultant will be chosen from a list mutually agreed upon by the county and the applicant. The applicant shall pay all the costs of said review. The payment to the planning and zoning department shall be due upon receipt of the invoice. All fees and charges accumulated for the technical review must be paid in full prior to the issuance of the special use permit.
   D.   Required Submittals Following Permit Approval: For each telecommunication tower or associated structure special use permit approved by the city of Paul planning and zoning commission the applicant shall submit the following before the special use permit will be issued:
      1.   Copies of the determination of no hazard from the federal aviation administration (FAA) including any aeronautical study determination or other findings and other agencies, if applicable.
      2.   Copies of any environmental assessment (EA) reports on form 600 or form 854 submitted to the federal communication commission (FCC), if applicable.
      3.   Copies of any filings submitted to the federal communication commission (FCC) shall be submitted within thirty (30) days of filing, subject to the review of the administrator.
      4.   Proof of bond as security for removal. (Ord. 411, 8-14-2002)