HomeMy WebLinkAbout0836 18.13 Wireless Communication FacilitiesCITY OF CHUBBUCK, IDAHO
ORDINANCE NO. S 3
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING CHAPTER
18.13 REGARDING WIRELESS COMMUNICATION FACILITIES TO CONFORM
WITH CURRENT FEDERAL REGULATIONS, TO ALLOW FOR 5G NETWORKS,
PROVIDING FOR ANTENNA EQUIPMENT; CHANGING DEFINITIONS AS
APPROPRIATE INCLUDING TO WCF FOR WIRELESS COMMUNICATIONS
FACILITIES AND TO CARRIERS INSTEAD OF PERSONAL WIRELESS SERVICE
PROVIDERS; TO PROVIDE DEFINITIONS FOR APPLICATION, BASE STATION,
CARRIER, DISTRIBUTED ANTENNA SYSTEM ("DAS"), ELIGIBLE FACILITIES
MODIFICATION REQUEST, EXISTING STRUCTURE, MONOPOLE,
REPLACEMENT, RIGHT OF WAY, SMALL CELL WIRELESS FACILITIES,
STEALTH DESIGN SPECTRUM ACT, SUBSTANTIAL CHANGES AND SUPPORT
STRUCTURE; DEFINING WIRELESS COMMUNICATIONS FACILITY ("WCF");
PROVIDING CERTAIN EXEMPTIONS FROM THE CHAPTER; PROVIDING
PROVISIONS TO ENCOURAGE COLLOCATION AND STANDARDS FOR SUCH;
PROVIDING FOR WCF PERMITS AND WHEN REQUIRED; PROVIDING FOR
PROCESS AND PROCEDURES TO OBTAIN PERMITS AND DEFINING WHAT IS
PERMITTED, CONDITIONALLY PERMITTED OR NOT PERMITTED BY
DISTRICT AND WCF TYPE; PROVIDING PERMIT REVIEW TIME
REQUIREMENTS; PROVIDING FOR MAINTENANCE REQUIREMENTS
PROVIDING FOR ABATEMENT IF CONSTRUCTION OR ACTIVATION OF A
WCF IS NOT COMMENCED WITHIN 90 DAYS OF APPROVAL; PROVIDING FOR
NOTIFICATION IF WCF OPERATIONS ARE ABANDONED OR DISCONTINUED;
REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE
SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT
ALL OTHER SECTIONS OF CHAPTER 18.13 NOT AMENDED SHALL REMAIN IN
EFFECT; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. Amended Chapiter 18.13. In order to conform Chapter 18.13 of the
Chubbuck Municipal Code to current federal regulations governing this subject and to allow for
5G networks, as well as make other updates to the chapter, Chapter 18.13 is amended as follows:
CHAPTER 18.13
WIRELESS COMMUNICATION FACILITIES
SECTION:
18.13.010: Purpose
18.13.020: Policy Statement
18.13.030: Definitions
18.13.040: Compliance With Chapter; Nonconforming Uses
18.13.050: Exemptions
18.13.060: Recognition Of Industry Site Selection Criteria
18.13.070: Site Selection Criteria
18.13.080: Priority Of Locations
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18.13.090: Use Priority On Public Property And Siting Requirements
18.13.100: Modification and Collocation of Antennas, DAS, and Small Cells
18.13.110: Collocation and Sharing of Towers, Locations, and Standards
18.13.-148120: Design Criteria
18.13.3-2-0130: Permits Required
18.13.140: Type of Permit by Land Use District
18.13.150: Permit Review Time Requirements
18.13.339160: hrspectim Maintenance Requirements
18.13.449170: Landscaping; Screening
18.13.450180: Abatement, Nonuse;` Abandonment
18.13.4E-0190: Third Party Review
18.13.499200: Remedies
18.13.010: PURPOSE:
A. These standards were developed to protect the public health, safety, and welfare, to
protect property values and minimize visual impact while furthering the development of
enhanced wireless communication and telecommunication services in the city. These
standards were designed to comply with the telecommunications act of 1996 and
subsequent congressional actions and rulemaking by the Federal Communications
Commission (FCC). The provisions of this chapter are not intended to and shall not be
interpreted to prohibit or to have the effect of prohibiting personal wireless services. This
chapter shall not be applied in such a manner as to unreasonably discriminate between
providers of functionally equivalent personal wireless services.
B. To the extent that any provision of this chapter is inconsistent or conflicts with any
other city ordinance, this chapter shall control. Otherwise, this chapter shall be construed
consistently with the other provisions and regulations of the city.
C. In reviewing any application to provide persona} wireless service or to install personal
wireless service `t -- WCFs, the city shall act within a reasonable period of time, taking
into account the nature and scope of the application. The city shall approve, approve with
condition, or deny the application in accordance with the time frames set forth in this title
and in accordance with other applicable ordinances and regulations of the city.
18.13.020: POLICY STATEMENT:
The purpose of this chapter is to establish general guidelines for the siting of towers and
antennas. The goals of this chapter are to: a) enhance the ability of personal onireless
service providers carriers to provide such services throughout the city quickly, effectively,
and efficiently; b) encourage personal wireless sery ice pro videt s carriers to locate towers
and antennas in nonresidential areas; c) encourage personal wireless .
carriers to collocate on new and existing tower sites in order to minimize the number of
towers within the city; d) encourage personal wireless service providers carriers to locate
towers and antennas, to the extent possible, in areas where the adverse impact on city
residents is minimal; and e) encourage personal wireless service providers carriers to
configure towers and antennas in a way that minimizes any significant adverse visual
impact. Accordingly, the city council finds that the promulgation of this chapter is
warranted and necessary:
A. To manage the location of towers and antennas in the city;
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B. To protect neighborhoods from potential adverse impacts of towers;
C. To minimize adverse visual impacts of towers through careful design, siting, landscape
screening, and innovative camouflaging and screening techniques;
D. To accommodate an increased need for towers to serve the wireless communications
needs of city residents;
E. To promote and encourage collocation on existing and new towers as an option rather
than construction of additional single use towers, and to reduce the number of such
structures needed in the future;
F. To promote and encourage utilization of technologv and designs to either eliminate or
F.G. To consider the public health and safety of towers to the extent permitted by federal
law and other regulations set forth by the FCC ; and
&E. To avoid potential damage or adverse impacts to adjacent properties through sound
engineering practices, construction, modification, maintenance, and the proper siting of
antenna and support structures, and removal when no longer used or are determined
with
18.13.030: DEFINITIONS:
For the purposes of this chapter, the following terms shall have the meanings ascribed to
them below:
18.13.030.01: ABANDONMENT:
A. To cease operation for a period of sixty (60) or more consecutive days;
B. To reduce the effective radiated power of an antenna by seventy five percent (75%
for sixty (60) or more consecutive days;
C. To relocate an antenna ata pointless than eighty percent (80%) of the height of an
antenna support structure; or
D. To reduce the number of transmissions from an antenna by seventy five percent
(75%) for sixty (60) or more consecutive days; provided that nonoperation or reduced
operation for a period of sixty (60) or more consecutive days to facilitate maintenance,
redesign or other changes about which the city was notified in advance shall not constitute
abandonment.
18.13.030.02: ANTENNA: Any exterior apparatus designed for telephonic, radio, data,
internet, or television communication through the sending and/or receiving of
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electromagnetic waves, and includes equipment attached to a tower or building for the
purpose of providing personal wireless services, including unlicensed wireless
telecommunications services, wireless telecommunications services utilizing frequencies
authorized by the federal communications commission for "cellular", "enhanced specialized
mobile radio" and "personal communications services", telecommunications services, and
its attendant base station. This definition does not apply to antennas designed for amateur
radio use.
ini
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that facilitates transmission
at the same
18.13.030.04: ANTENNA HEIGHT: The vertical distance measured from the base of the
antenna support structure at grade to the highest point of the structure even if said highest
point is an antenna. If the support structure is on a sloped grade, then the average between
the highest and lowest grades shall be used in calculating the antenna height.
18.13.030.05: APPLICANT: Any provider or any person, partnership, or company who files
an application for any permit necessary to install, maintain, or remove a personal wireless
service facility WCF within the city.
: or equipment at a fixed location
cations between user equipment
not encompass a "tower' as defit
a tower. It includes. but is not lir
C. Anv structure other than a tower
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18.13.030.08: CARRIER: A company that provides wireless services.
18.13.030.09: CELL SITE OR SITE: A -The current boundaries of a tract or parcel of land and
any access or utility easement that contains WCFs
including any antenna, support structure, accessory buildings, and parking, and may
include other uses associated with and ancillary to personal wireless services.
Kew. 1 •1.a�
a WCF on an
A. Collocation includes modifying an existing structure for the purpose of mounting or
installing an antenna facility thereon.
B. Collocation does not include the installation of anew pole, tower, or support
structure.
18.13.030.11: CONDITIONAL USE PERMIT OR CUP: A process and approval as described in
this title and other appropriate sections of this code. Conditional uses may be allowed
within a zonine district Drovided that certain standards for "conditions"1 are met that will
18.13.030.12: DESIGN: The appearance of WC -Fs,
including such features as their materials, colors, and shape.
A network consistine of
18.13.030.14: E+A ECIA: The electronies industry association Electronic Components
Industry Association.
a) collocation of new transmission equipment,
b) the removal of transmission equipment, or
c) the replacement of transmission equipment.
is
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the application was eli
18.13.030.16: EQUIPMENT ENCLOSURE: A structure, shelter, cabinet, or vault used to
house and protect the electronic equipment necessary for processing wireless
communication signals. Associated equipment may include air conditioning, backup power
supplies and emergency generators.
18.13.030.18: FAA: The federal aviation administration or successor agency.
18.13.030.19: FCC: The federal communications commission or successor agency.
18.13.030.20: GOVERNING AUTHORITY: The mayor and city council of the city of
Chubbuck.
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18.13.030.22: MODIFICATION: The changing of any portion of a personal wireless
facility WCF from its description in a previously approved permit, excluding routine
maintenance and repair. Examples include, but are not limited to, changes in design or
structure, changes in the heights of towers or monopoles, changes in any accessory
structures or appurtenances which are affiliated with or support a personalwireless
facility WCF.
18.13.030.23: MOUNT: The structure or surface upon which personal wireless servic
faeilitires-WCFs are mounted. There are three (3) types of mounts:
A. Building mounted: A personal wireless service facility WCF mount fixed to the roof or
side of a building.
B. Ground mounted: A personal wireless serviee facility WCF mount fixed to the ground,
such as a tower.
C. Structure mounted: A personal wireless service facility WCF fixed to a structure other
than a building, such as light standards, utility poles, and bridges.
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18.13.030.24: PROVIDER: A corporation, company, association, joint stock company, firm,
partnership, sole proprietorship, limited liability company, other entity or individual which
provides personal wireless service over WCFs.
18.13.030.26: RIGHT-OF-WAY:
18.13.030.27: SCREENING: Placement of a
WCF such as a tower or mount among trees or other appropriate vegetation to provide a
natural, aesthetic appearance to the location of such
facflfty-WCF. For the purposes of this chapter, screening shall consist of not less than
placement of a WCF such as a tower or mount
amongst and adjacent to (within 20 feet) three (3) or more trees at least seventy five
percent (75%) of the base height of the facility.
18.13.030.28: SECONDARY USE: A use subordinate to the principal use of the property,
such as commercial, residential, utilities, etc.
18.13.030.29: SECURITY BARRIER: A wall, fence, or berm that has the purpose of securing a
personal wireless service L'arilityWCF from unauthorized entry or trespass.
18.13.030.30: SMALL CELL WIRELESS FACILITIES: Wireless or cell communication
facilities that meet each of the following criteria:
A. Facilities:
1. Mounted on structures fifty feet (50') or less in height, including their antennas;
2. Mounted on structures no more than ten percent (10%) taller than adjacent
structures; or
associated eauipment. is no
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18.13.030.24: PROVIDER: A corporation, company, association, joint stock company, firm,
partnership, sole proprietorship, limited liability company, other entity or individual which
provides personal wireless service over WCFs.
18.13.030.26: RIGHT-OF-WAY:
18.13.030.27: SCREENING: Placement of a
WCF such as a tower or mount among trees or other appropriate vegetation to provide a
natural, aesthetic appearance to the location of such
facflfty-WCF. For the purposes of this chapter, screening shall consist of not less than
placement of a WCF such as a tower or mount
amongst and adjacent to (within 20 feet) three (3) or more trees at least seventy five
percent (75%) of the base height of the facility.
18.13.030.28: SECONDARY USE: A use subordinate to the principal use of the property,
such as commercial, residential, utilities, etc.
18.13.030.29: SECURITY BARRIER: A wall, fence, or berm that has the purpose of securing a
personal wireless service L'arilityWCF from unauthorized entry or trespass.
18.13.030.30: SMALL CELL WIRELESS FACILITIES: Wireless or cell communication
facilities that meet each of the following criteria:
A. Facilities:
1. Mounted on structures fifty feet (50') or less in height, including their antennas;
2. Mounted on structures no more than ten percent (10%) taller than adjacent
structures; or
associated eauipment. is no
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D. The facilities meet all other requirements of the FCC for small cell wireless facilities.
not
s tower or
tower or I
ACT: Section
A. Type 1: For any existing support structure as defined herein:
1. It involves the installation of
2. It entails any excavation or deployment outside of the current site of the tower or
base station; or
4. The nr000sed modification
CUY
no more
teignt or on stir
an antenna no
B. Type 2: For all base stations and for an existing tower located in the public right-of-
way:
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to the bodv of
3. It involves the
structure; or
on the eround if
C. Type 3: For any tower (not in the public right-of-way):
the tower that
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Treater: or
3. Towers cannot be located in public rights- of -way.
18.13.030.35: TOWER: Any structure that is designed and constructed primarily for the
purpose of supporting one or more antennas, including self-supporting lattice towers, guy
towers, or monopole towers. The term encompasses
WCFs including radio and television transmission towers, microwave towers, common
carrier towers, cellular telephone towers or personal communications services towers,
alternative tower structures, and the like.
18.13.030.36: UNLICENSED WIRELESS SERVICES: Commercial mobile services that
operate on public frequencies and are not required to have an FCC license to operate.
18.13.050: EXEMPTIONS:
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The following are exempt from the provisions of this chapter and shall be permitted in all
zones, unless otherwise specifically provided:
A. Industrial processing equipment and scientific or medical equipment using
frequencies regulated by the FCC.
B. Antennas and related equipment no more than three feet (3') in height that are being
stored, shipped, or displayed for sale.
C. Radar systems for military and civilian communication and navigation.
D. Wireless radio utilized for temporary emergency communications in the event of a
disaster.
E. Licensed amateur (ham) radio stations.
F. Satellite earth stations, dishes and/or antennas used for private television reception
not exceeding three and one half feet f31h'1 dish antennas less than _,__ and on _ ,_ _,r F_
to home satellite services, when used as a secondary
use of the property
G. Routine maintenance or repair of a WCF and related
equipment (excluding structural work or changes in height or dimensions of antennas,
towers, or buildings), provided that compliance with the standards of this chapter are
maintained.
emergency
1-1-.L Subject to compliance with all other applicable standards of this chapter, a building
permit application need not be filed in advance of emergency repairs or maintenance of a
WCF, provided that the permit application is on file within
thirty (30] days of completion of the emergency activity.
1. Amobile fficilityor other tempotaty personal wireless
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18.13.080: PRIORITY OF LOCATIONS:
A. Order Of Priorities: The order of priorities for locating new personal wireless sery ice
`_WCFs shall be as follows:
1. Place antennas on existing towers and structures on public property where other
antennas are already located, if practical.
2. Place antennas and towers on public property if practical.
3. Place antennas on appropriate rights-of-way and existing structures, such as
buildings, towers, water towers and smokestacks; provided that this shall not include
nonconforming structures or uses.
4. Place antennas and towers on industrial property in districts zoned for industrial
uses.
S. Place antennas and towers on commercial property in districts zoned for commercial
uses.
6. Place antennas and towers on property in districts zoned for mixed commercial and
residential use which does not adjoin or adversely impact residential neighborhoods.
7. Place antennas and towers on commercial property in districts zoned for mixed
commercial and residential uses.
8. Place antennas and towers on other nonresidential property.
9. Place antennas on multi -family residential structures exceeding thirty feet (30') in
height.
10. Place antennas and towers on property in residential zones only if: a) locations are
not available on existing structures or in nonresidential districts; and b) locations are on or
in existing churches, parks, schools, utility facilities, or other appropriate public facilities.
B. Location In Residential Zones:
1. An applicant that wishes to locate anew antenna support structure in a residential
zone shall demonstrate that a diligent effort has been made to locate the proposed
communications facilities on a government facility, a private institutional structure, or
other appropriate existing structures within a nonresidential zone, and that due to valid
considerations including physical constraints, and economic or technological feasibility, no
appropriate location is available.
2. The information submitted by the applicant shall include: a) a map of the area to be
served by the tower or antenna, b) its relationship to other cell sites in the applicant's
network and a network master plan, and c) an evaluation of existing buildings taller than
thirty feet (30'), within one-fourth (1/4) mile of the proposed tower or antenna which from
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a location standpoint could provide part of a network to provide transmission of signals.
18.13.090: USE PRIORITY ON PUBLIC PROPERTY AND SITING REQUIREMENTS:
A. Use Priority: Where public property is sought to be utilized by an applicant, priority
for the use of city owned land for wireless antennas and towers will be given to the
following entities in descending order:
1. City of Chubbuck;
2. Public safety agencies, including law enforcement, fire and ambulance services,
which are not part of the city of Chubbuck and private entities with a public safety
agreement with the city of Chubbuck;
3. Other governmental agencies, for uses which are not related to public safety; and
4. Entities providing licensed commercial wireless telecommunication services
including cellular, personal communication services (PCS), specialized mobilized radio
(SMR), enhanced specialized mobilized radio (ESMR), data, internet, paging, and similar
services that are marketed to the general public.
B. Minimum Requirements: The placement of WCFs
on city owned property must comply with the following requirements:
1. The facilities will not interfere with the purpose for which the city owned property is
intended;
2. The facilities will have no significant adverse impact on surrounding properties;
3. The applicant will obtain adequate liability insurance and commit to a lease
agreement which includes equitable compensation for the use of public land and other
necessary provisions and safeguards including cost for removal of facilities at end of lease
agreement. The city shall establish fees after considering comparable rates in other cities,
potential expenses, risks to the city, and other appropriate factors;
4. The antennas or tower will not interfere with other users which have a higher
priority as discussed in subsection A of this section;
5. The lease shall provide that, in the case of a declared emergency or documented
threat to public health, safety or welfare and following reasonable notice, the city may
require the applicant to remove the facilities at the applicant's expense;
6. The applicant must reimburse the city for any related costs which the city incurs
because of the presence of the applicant's facilities;
7. The applicant must obtain all necessary land use approvals;
8. The applicant must cooperate with the city's objective to encourage collocations and
thus limit the number of cell sites requested, and camouflage the site; and
9. The applicant must comply with requirements for maintenance of the facility site,
including, but not limited to, keeping lawns mowed, providing litter control and
maintaining trees and other vegetation in a healthy state, or such stricter requirements as
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may be set forth in any design review meeting minutes or conditional use permit, or
decision of a reviewing body.
C. Special Requirements For Parks: The use of city owned parks for wireless
service f -e _ties WCFs brings with it special concerns due to the unique nature of these
sites. The placement of WCFs in a park will be allowed
only when the following additional requirements are met:
1. The land use and development commission has granted a conditional use permit for
the proposed WCFs to be located in the park;
2. Before WCFs maybe located in public parks, the
applicant shall demonstrate to the satisfaction of the city of Chubbuck that visual impacts
have been mitigated to the fullest extent reasonably possible and that accommodations
have been included in the design and placement so that there would be no disruption of
normal public use of the park;
3. The applicant shall clearly demonstrate that the placement of the personalwireless
service faciffi,hes WCFs in a public park is absolutely necessary for the effective operation of
the applicant's personal wireless service, and that alternate placement would not be
reasonably possible.
D. Required Submittals: Design review, application for conditional use permit, building
permit, and other related requests may include any combination of site plans, surveys,
maps, technical reports, or written narratives necessary to convey the following
information in addition to the requirements of applicable codes and regulations of the city
of Chubbuck:
1. Photo simulations of the proposed facility from affected residential properties and
public rights-of-way at varying distances;
2. A site elevation and landscaping plan indicating the specific placement of the facility
on the site, the location of existing structures, trees, and other significant site features, the
type and location of plant materials used to screen the facility, and the proposed color(s) of
the facility;
3. A signed statement indicating that: a) the applicant and landowner agree they will
diligently negotiate in good faith to facilitate collocation of additional pet sonai VV it eless
service �t�WCFs by other providers on the applicant's structure or within the same
site location and b) the applicant and/or landlord agree to remove the facility within sixty
(60) days after abandonment;
4. Copies of any environmental documents required by any federal agency. These shall
include the environmental assessment required by FCC para. 1.1307, or, in the event that
an FCC environmental assessment is not required, a statement that describes the specific
factors that obviate the requirement for an environmental assessment;
5. A site plan clearly indicating the location, type and height of the proposed tower and
antenna, on site land uses and zoning, adjacent land uses and zoning, adjacent roadways,
proposed means of access, setbacks from property lines, elevation drawings of the
proposed tower, and any other proposed structures;
6. A current map and aerial showing the location of the proposed tower, a map showing
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the locations and service areas of other WCFs operated
by the applicant and those proposed by the applicant that are close enough to impact
service within the city;
7. Legal description of the parcel, if applicable;
8. A current map showing all existing towers and antennas of the applicant located
within the city;
9. The approximate distance between the proposed tower and the nearest residential
unit, platted residentially zoned properties, and unplatted residentially zoned properties;
10. A landscape plan showing specific landscape materials;
11. Method of fencing, and finished color and, if applicable, the method of camouflage
and illumination;
12. A letter signed by the applicant stating the tower will comply with all FAA
regulations and-RA-ECIA standards and all other applicable federal, state and local laws
and regulations;
13. A statement by the applicant as to whether construction of the tower will
accommodate collocation of additional antennas for future users; and, if not, the reasons it
will not accommodate collocation;
14. Certification acceptable to the city that the equipment, facilities or their use will not
interfere with other adjacent or neighboring transmission or reception functions or other
neighborhood uses;
15. The telecommunications company must demonstrate that it is licensed by the FCC if
required to be licensed under FCC regulations;
16. If the applicant is not the telecommunications service provider, the applicant shall
submit proof of lease agreements with an FCC licensed telecommunications provider if
such telecommunications provider is required to be licensed by the FCC;
17. A full site plan shall be required for all sites, showing the tower, antenna, antenna
support structure, building, fencing, buffering, access, and all other items required in this
chapter; and
18. At the time of site selection, the applicant should demonstrate how the proposed
site fits into its overall network within the city.
18.13.100: MODIFICATION AND COLLOCATION OF ANTENNAS, DAS, AND SMALL
CELLS:
A. To ininhirize adverse visttal impacts associated vu th the pi olifet ation of towers,
collocation of pet sonal vv it eless set vice facilities on: existing ot tie �v to n et s is encotiraged
asks.
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B. A type 1 application with applicable fees shall be submitted.
C. If any support structure must be
:tachment adds more than ten feet (
roposal is subject to a type 2 review
ubstantial change" to an existing to,
are reauired as
F. Distributed antenna systems and small cells:
to approval via administrative review
a new utility support structure or buil
r000ses new utility sunnort structure
3. Multiple Site DAS And Small Cells:
b. A single application may be submitted and permit may be used for multiple small
cells spaced to provide wireless coverage in a contiguous area.
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B. A type 1 application with applicable fees shall be submitted.
C. If any support structure must be
:tachment adds more than ten feet (
roposal is subject to a type 2 review
ubstantial change" to an existing to,
are reauired as
F. Distributed antenna systems and small cells:
to approval via administrative review
a new utility support structure or buil
r000ses new utility sunnort structure
3. Multiple Site DAS And Small Cells:
b. A single application may be submitted and permit may be used for multiple small
cells spaced to provide wireless coverage in a contiguous area.
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18.13.110 COLLOCATION AND SHARING OF TOWERS, LOCATIONS, AND STANDARDS:
B. New Towers: Applications for anew tower must address all existing towers or
structures of a similar height within one-half (1/z) mile of the proposed site as follows:
a new tower
on the zonine district as measured trom Dronertv lines to
so that a tower can
to trees
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structure is infeasible
M-1
G. Substantial Change: A modification substantially changes the physical dimensions of a
tower or base station if it meets any of the following:
3. For towers outside the ROW, it protrudes from the
twenty feet (20'), or more than the width of the tower str
appurtenance, whichever is greater;
6. It entails any excavation or deployment outside of the current site of the tower or
base station;
7. It would defeat the existing concealment/camouflage elements of the tower or base
station; or
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18.13.410120: DESIGN CRITERIA:
A. As provided above, new facilities shall be designed to accommodate collocation,
unless the applicant demonstrates why such design is not feasible for economic, technical,
or physical reasons.
B. Facilities shall be architecturally compatible with the surrounding buildings and land
uses in the zoning district and screened or otherwise integrated, through location and
design, to blend in with the existing characteristics of the site.
1. Setback: A tower's setback shall be measured from the base of the tower to the
property line of the parcel on which it is located. In residential districts and residential land
use areas, where permitted, towers shall be set back from all property lines a distance
equal to one hundred percent (100%) of tower height as measured from ground level,
unless applicant demonstrates that because of design, landscaping or screening, unusual
geographic limitations or other public policy considerations such a setback is unnecessary
and the city, in its sole discretion, determines such a setback is not necessary. All other
towers shall comply with the minimum setback requirements of the area in which they are
located in all other zoning districts, unless there are unusual geographical limitations or
other public policy considerations as determined in the sole and absolute discretion of the
city.
Such considerations shall include by way of illustration and not limitation, but are not
limited to:
a. Impact on adjacent properties;
b. Alternative sites for WCFs; and
c. The extent to which screening and camouflaging will mitigate the effects of the
personal WCFs.
2. Right-of-way Setback Exception: The setback requirement maybe waived if the
antenna and antenna support structure is located in the city right-of-way.
3. View Corridors: Due consideration shall be given so that placement of towers,
antennas, and WCFs do not obstruct or significantly
diminish views.
4. Color: Towers shall have a color generally matching the surroundings or background
that minimizes their visibility, unless a different color is required by the FCC or FAA.
Security fencing should be colored or should be of a design which blends into the character
of the existing neighborhood.
S. Lights, Signals And Signs: No signals, lights, or signs shall be permitted on towers
unless required by the FCC or the FAA. Should lighting be required, in cases where there
are residences located within a distance which is three hundred percent (300%) of the
height of the tower, then dual mode lighting shall be requested from the FAA.
6. Equipment Structures: Ground level equipment, buildings, and the tower base shall
be screened from public view. All such structures shall be considered primary structures,
not accessory structures. The standards for the equipment buildings are as follows:
Ordinance. Page 18
chubbuck 082521 ord chapter 18.13.wp8
a. The maximum floor area is three hundred (300) square feet and the maximum
height is twelve feet (12'). Except in unusual circumstances or for other public policy
considerations the equipment building may be located no more than two hundred fifty feet
(250') from the tower or antenna. Depending upon the aesthetics and other issues, the city,
in its sole discretion, may approve multiple equipment structures or one or more larger
structures.
b. Ground level buildings shall be screened from view by landscape plantings, fencing,
or other appropriate means, as specified herein or in other city ordinances, code sections
or regulations.
c. Equipment buildings mounted on a roof shall have a finish similar to the exterior
building walls. Equipment for roof mounted antennas may also be located within the
building on which the antenna is mounted.
d. In instances where equipment buildings are located in residential zones,
equipment buildings shall comply with setback requirements and shall be designed so as to
conform in appearance with nearby residential structures.
e. Equipment buildings, antenna, and related equipment shall occupy no more than
twenty five percent (25%) of the total roof area of the building the facility is mounted on,
which may vary in the city's sole discretion if collocation and an adequate screening
structure is used.
f. The use must be approved on a site plan or final development plan, as applicable.
7. Federal Requirements: All towers must meet or exceed current standards and
regulations of the FAA, the FCC, and any other agency of the federal government with the
authority to regulate towers and antennas. If those standards and regulations are changed,
then personal wireless service p. nidms carriers governed by this chapter shall bring their
towers and antennas into compliance with the revised standards and regulations within
three (3) months of their effective date or the time lines provided by the revised standards
and regulations, whichever time period is longer. The revised standards and regulations
are not retroactively applicable to existing providers, unless otherwise provided or
permitted by federal law. Failure to bring towers and antennas into compliance with the
revised standards and regulations shall constitute grounds for the city to remove a
provider's facilities at the provider's expense.
8. Building Codes; Safety Standards: To ensure the structural integrity of towers, the
owner of a tower shall ensure that it is maintained in compliance with standards contained
in applicable city building codes and the applicable FCC standards for towers, and other
standards that are published by the-EECIas
amended from time to time. If, upon inspection, the city concludes that a tower fails to
comply with such codes and standards and constitutes a danger to persons or property,
then upon notice being provided to the owner of the tower, the owner shall have thirty (30)
days to bring the tower into compliance with such standards. If the owner fails to bring its
tower into compliance within thirty (30) days, the city may remove the tower at the
owner's expense. If the structure is determined by the city to pose an imminent danger to
the public, the city shall be entitled to abate the danger through the processes and
according to the timetables of the international building code and the 1997 uniform code
for the abatement of dangerous buildings.
9. Structural Design: Towers shall be constructed to the Elk ECIA standards, which may
Ordinance J Pepe 19
chobuck 082521 ord chapter 1B.13.wpd
be amended from time to time, and to all applicable construction/building codes. Further,
any improvements or additions to existing towers shall require submission of site plans
stamped by a professional engineer which demonstrate compliance with the E+A-ECIA
standards and all other good industry practices. The plans shall be submitted and reviewed
at the time building permits are requested. The antenna and its support structure shall be
designed to withstand a wind force of one hundred (100) miles per hour without the use of
supporting guywires.
10. Antenna Support Structure Safety: The applicant shall demonstrate that the
proposed antenna and support structure is safe and the surrounding areas will not be
negatively affected by support structure failure, falling ice, or other debris or interference.
All support structures shall be fitted with anticlimbing devices, as approved by the
manufacturers.
11. Tower And Antenna Height: The applicant shall demonstrate that the tower and
antenna is the minimum height required to function satisfactorily; provided additional
height beyond the minimum may be allowed if necessary to accommodate collocation. No
tower or antenna that is taller than this minimum height shall be approved unless
necessary to accommodate collocation. No tower or mount shall exceed one hundred feet
(100') in any park, industrial zone or commercial zone. Towers in residential areas are not
allowed unless integrated with another structure.
A variance from the height limit may be granted if the applicant can show by clear and
convincing evidence that the additional height is necessary to provide adequate service to
the residents of the city and no other alternative is available.
12. Required Parking: If the cell site is fully automated, adequate paved parking shall be
required for maintenance workers. If the site is not automated, arrangements for adequate
off street parking shall be made and documentation thereof provided to the city.
13. Tower Separation: In no case shall towers be located closer than five hundred feet
(500') from another tower whether it is owned or utilized by applicant or another provider,
unless the city designates areas where multiple towers can be located in closer proximity.
14. Antenna Criteria: Antennas on or above a structure shall be subject to the
following:
a. The antenna shall be as architecturally compatible as reasonably possible, with the
building and wall on which it is mounted, and shall be designed and located so as to
minimize any adverse aesthetic impact.
b. The antenna shall be mounted on a wall of an existing building in a configuration as
flush to the wall as technically possible and shall not project above the wall on which it is
mounted unless it must be for technical reasons. In no event shall an antenna project more
than sixteen feet (16') above the roofline including parapets.
c. The antenna shall be constructed, painted, or fully screened to match as closely as
possible the color and texture of the building and wall on which it is mounted.
d. The antenna may be attached to an existing conforming mechanical equipment
enclosure which projects above the roof of the building, but may not project any higher
than the enclosure.
ONInance - Page 20
chubbuck 082521 ord chapter 18.13.wpd
e. If an accessory equipment shelter is present, it must blend with the surrounding
buildings in architectural character and color.
f. The structure must be architecturally and visually (color, size, bulk) compatible
with surrounding existing buildings, structures, vegetation, and uses. Such facilities will be
considered architecturally and visually compatible if they are camouflaged to disguise the
facility.
g. Site location and development shall preserve the preexisting character of the site as
much as possible. Existing vegetation should be preserved or improved, and disturbance of
the existing topography of the site should be minimized, unless such disturbance would
result in less visual impact of the site on the surrounding area. The effectiveness of visual
mitigation techniques shall be evaluated by the city, in the city's sole discretion.
h. In addition to the other requirements of this chapter, on buildings thirty feet (30')
or less in height, the antenna may be mounted on the roof if the following additional
criteria are satisfied:
Cl) The city finds that it is not technically possible or aesthetically desirable to
mount the antenna on a wall.
(2) No portion of the antenna or base station causes the height of the building to
exceed the limitations set forth herein.
(3) The antenna or antennas and related base stations cover no more than an
aggregate total of twenty five percent (25%) of the roof area of a building, which may vary
in the city's sole discretion, if collocating and an adequate screening structure is used.
(4) Roof mounted antenna and related base stations are completely screened from
view by materials that are consistent and compatible with the design, color, and materials
of the building.
(5) No portion of the antenna may exceed sixteen feet (16) above the height of the
existing building.
L If a proposed antenna is located on a building or a lot subject to a site review,
approval is required prior to the issuance of a building permit.
j. No antenna shall be permitted on property designated as an individual landmark or
as a part of a historic district, unless such antenna has been approved in accordance with
city ordinances and regulations.
k. No personal wireless service provider carrier or lessee or agent thereof shall fail to
cooperate in good faith to accommodate collocation with competitors. If a dispute arises
about the feasibility of collocating, the city may require a third party technical study, at the
expense of either or both parties, to resolve the dispute.
I. No personal vviyeless set vice provider carrier or lessee shall fail to assure that its
antenna complies at all times with the current applicable FCC standards. After installation,
but prior to putting the antenna service, each provider shall submit a certification by an
independent professional engineer to that effect. In the event that an antenna is collocated
with another antenna, the certification must provide assurances that FCC approved levels
of electromagnetic radiation will not be exceeded by the collocation.
ONInanca - Page 21
chubbuck 082521 aid chapter 18.13 wpd
m. Antennas shall comply with FCC regulations to minimize interference with the
reception of any other communications signals including public safety, television, and radio
broadcast signals.
n. No person shall locate an antenna or tower for wireless communications services
upon any lot or parcel except as provided in this chapter.
18.13.-1-2-0130: PERMITS REQUIRED:
A WCF permit shall be required for all new installations and modifications of WCFs,
antenna, and various equipment unless exempted in this Chapter.
1. Collocation of new transmission equipment;
2. The removal of transmission equipment;
3. The replacement or modification of transmission equipment;
4. Distributed antenna system (DASI and small cell facilities.
Type 2 requests include the following:
1. Any modification of an eligible s
equipment, that substantially changes
structure on which it is mounted: or
2. Any collocation not eligible for a type 1 permit; or
for an antenna not
or
4. A new tower located in the public right-of-way.
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chubbuck 082521 orb chapter 18.13.wpd
D. Where a tower or antenna support structure will be sixty feet (60') or less in height,
in addition to the other provisions of this chapter, an applicant will be required to submit
the plan to the design review committee for review. In the event that a proposed tower or
antenna support structure will be located in a residential zone, park, or mixed residential
and commercial zone, or will be more than sixty feet (60') in height, in addition to the other
provisions of this chapter, an applicant will be required to obtain a conditional use permit,
unless located in an industrial zone, in which case the structure is a permitted use. With
respect to the placement of antenna on a tower or antenna support structure, the
requirements for a conditional use permit will be applicable based on the height of the
tower and antenna or mount and antenna unless this chapter provides other requirements
to the contrary.
1. Project permit review procedures shall be as specified in the ordinances, codes,
resolutions and regulations of the city of Chubbuck.
2. The f lloovin table in subsection 18.13.140 specifies the permits required for the
various types of Pet 30nal wireless service facilities WCFs that meet the standards of this
chapter.
► OF ► USE DISTRICT
Type Of Facili :.
Towers .: feet Or towers
residential zones, park or mixed residential (if applicable)
and commercial zones ..
BuildingStructure mounted vvit eless facilities Yes
(if applicable)
P = Permitted
C = Conditionally Permitted
City Council
DR = Design Review
X = Not Permitted
F = Permitted under Franchise Agreement with
BP = Building Permit
Zoning
WCF Type'
Agriculture
Residential,
Limited
General
Comm.
Industrial
PUD, CC
Comm.
Minor Changes -Eligible
Facilities Modifications
P
BP
P
Bp
P
Bp
P
BP
P
Bp
Substantial Changes
C
DR BP
C
DR BP
C
DR BP
P
DR BPLr
P
DR BP
DAS Small Cell Facilities
P
PC
P
P
P
Ordirmce - Page 23
chubbuck 082621 and chapter 18.13.wpd
Building Installation'
DR BP
DR BP
DR BP
DR BP
BP
DAS / Small Cell Facilities,
Support Structure Installation'
Pi
DR BP
PC3
DR BP
135
DR BP
135
DR BP
P
BP
Roof Mounted WCF <10'
P
DR BP
PC
DR BP
P
DR BP
P
BP
P
BP
Roof Mounted WCF >10'
X
X
C
DR BP
P
DR BP
P
BP
New Tower <60' or Base Station
C
DR BP
C
DR BP
C
DR BP
C
DR BP
P
DR BP
New Tower >60'
X
X
X_
X
P
DR BP
Any WCF in ROW
F
DR BP
F
DR BP
F
DR BP
F
DR BP
F
BP
1. See 18.13.030 Definitions for clarification.
2. Stealth design is required.
3. Height not to exceed 50' from grade to top of antenna. See 18.13.030 Definitions for
additional information.
4. Stealth design is required; city property only with hearing before the City Council.
5. If the tower location is in a city park, a conditional use permit is required.
meet all other re
tacility and mount as an accessory on a Dre-existing structure. It Dronosed in anv land use
or Industrial. notice must
at least 15 days Drior to
comment at least 7 days Drior to
To meet the standards of this chapter, a WCF must also
comply with the other requirements under this chapter and with the following:
For antennas attached to the roof or sides of a building at least thirty feet (30') in height, an
existing tower, a water tank, or a similar structure:
A. Type: The antenna must be either:
1. An omnidirectional or whip antenna no more than seven inches (7") in diameter and
extending no more than sixteen feet (16') above the structure to which it is attached; or
2. A panel antenna no more than two feet (2') wide and six feet (6') long, extending
above the structure to which it is attached by no more than ten feet (10').
EB. Other Height Restrictions: Antenna, antenna arrays, and support structures not on
publicly owned property shall not extend more than sixteen feet (16') above the highest
point of the structure on which they are mounted.
Ordinance - Page 24
chubbuck 082621 and chapter 18.13.wpd
&C. Setback From Street: Unless there are unusual geographic limitations or other
public policy considerations, as determined in the city's sole discretion, no such antenna,
antenna array, or its support structure shall be erected or maintained closer to any street
than the minimum setback for the zone in which it is located unless otherwise waived or
exempt.
E -.D. Guywires Restricted: No guy or other support wires shall be used in connection with
such antenna, antenna array, or its support structure except when used to anchor the
antenna, antenna array, or support structure to an existing building to which such antenna,
antenna array, or support structure is attached.
F.E. Exemption: To the extent that antennas are attached to electric, phone or light poles
and such antennas are no more than two feet (2') in height, design review and building
permit review will be required, but such antennas shall not be subject to setbacks and
screening requirements.
18.13.150: PERMIT REVIEW TIME REQUIREMENTS:
2. To the extent Federal law
3. Any deemed type 1 WCF application shall be subject to following conditions:
a. The approval of a type 1 WCF permit shall be subject to the conditions of approval
of the underlying permit, except as may be preempted by the Spectrum Act.
b. The proposed project shall be built in compliance with the approved plans on file
with the City of Chubbuck.
Ordinance - Pe e25
chubbuck 082521 urd chapter 18.13.wpd
event that the Citv denies a WCF
18.13.138160: INSPECTION MAINTENANCE REQUIREMENTS:
when the use shall be
C.+aeltter Aft
safety-iirspeeti-an and i
standards and regulati
(60) days of the reque
Submission of a copy -c
Ordlnance - Page 26
chubbuck 082521 .,d chapter 18.13.wpd
the tower owner. the
to discontinue use
tower
a facility becomes operational, the facility operator shall conduct a
intenance inspections in accordance with the El ECIA and FCC
s. At the request of the City, the facility operator shall, within sixty
filed; safety inspection report, or the facility
operator's maintenance reports, for the prior twelve (12) months
repor t is Y equired for such year, shall satisfy- the requirements of
18.13.448170: LANDSCAPING; SCREENING:
A. Landscaping: Landscaping, as described herein, shall be required to screen personal
wireless service `r __ WCFs as much as possible, to soften the appearance of the cell
site. The city may permit any combination of existing vegetation, topography, walls,
decorative fences or other features instead of landscaping, if they achieve the same degree
of screening as the required landscaping. If the antenna is mounted flush on an existing
building, and other equipment is housed inside an existing structure, landscaping shall not
be required.
B. Screening: The visual impacts of a personal wireless ser vice teffitrWCF shall be
mitigated through landscaping or other screening materials at the base of the tower and
ancillary structures. The following landscaping and buffering shall be required around the
perimeter of the tower and accessory structures, except that the city may waive the
standards for those sides of the facility that are not in public view. Landscaping shall be
installed on the outside of fences. Further, existing vegetation shall be preserved to the
maximum extent practicable and may be used as a substitute for or as a supplement to
landscaping requirements.
1. A row of evergreen trees a minimum of six feet (6) tall at planting a maximum of six
feet (6') apart shall be planted around the perimeter of the fence; and
2. A continuous hedge at least thirty six inches (36") high at planting capable of
growing to at least forty eight inches (48") in height within eighteen (18) months shall be
planted in front of the tree line referenced above.
3. In the event that landscaping is not maintained at the level required herein or as
required in any design review or conditional use permit, or decision of a reviewing body,
the city after giving thirty (30) days' advance written notice may maintain or establish the
landscaping and bill both the owner and lessee for such costs until such costs are paid in
full.
18.13.50180: ABATEMENT, NONUSE;, AND ABANDONMENT:
Ordinance - Page 27
chubbuck 062521 ord chapter 18.13.wpd
licensed carrier fails to give such notice. the WCF shall
or additional period of time determined in the reasonable discretion of the city
which to:
A-1. Reactivation: Reactivate the use of the facility or transfer the facility to another
provider who makes actual use of the facility; or
$:2. Collocation: In the event that "abandonment" as defined in this chapter occurs due
to relocation of an antenna at a lower point on the antenna support structure, reduction in
the effective radiated power of the antenna or reduction in the number of transmissions
from the antennas, the operator of the tower shall have six (6) months from the date of
effective abandonment to collocate another service on the tower. If another service
provider is not added to the tower, then the operator shall promptly dismantle and remove
that portion of the tower which exceeds the minimum height required to function
satisfactorily. [Notwithstanding the foregoing, changes which are made to personal wireless
`.,WCFs which do not diminish their essential role in providing a total system shall
not constitute abandonment. However, in the event that there is a physical reduction in
height of substantially all of the providers' towers in the city or surrounding area then all of
the towers within the city shall similarly be reduced in height.
PORWORRIM WN
F. At the earlier of sixty (60) days from the date of abandonment without reactivating or
upon completion of dismantling and removal, city approval for the facility shall
automatically expire.
18.13.369190: THIRD PARTY REVIEW:
Personal vvireless service providers Carriers use various methodologies and analyses,
including geographically based computer software, to determine the specific technical
parameters of their services and low power mobile radio service facilities, such as expected
coverage area, antenna configuration, topographic constraints that affect signal paths, etc.
In certain instances, a third party expert may need to review the technical data submitted
by a provider. The city may require a technical review as part of a permitting process. The
costs of the technical review shall be borne by the provider.
The selection of the third party expert may be by mutual agreement between the provider
and the city, or at the discretion of the city, with a provision for the provider and interested
parties to comment on the proposed expert and review its qualifications. The expert review
is intended to address interference and public safety issues and be a site specific review of
technical aspects of the facilities or a review of the provider's methodology and equipment
used and not a subjective review of the site which was selected by a provider. Based on the
results of the expert review, the city may require changes to the provider's application. The
Ordinance - Page 28
chubbuck 082521 oN the pier 18.13.wp8
expert review shall address the following:
A. The accuracy and completeness of submissions;
B. The applicability of analysis techniques and methodologies;
C. The validity of conclusions reached; and
D. Any specific technical issues designated by the city.
18.13.-7.0200: REMEDIES:
A. Any person violating any of the provisions of this chapter upon conviction shall be
punishable by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment
for a period of up to ninety (90) days, or by both such fine and imprisonment, for each day
during which an offense occurs.
B. In addition to receiving any monetary remuneration, the city shall have the right to
seek injunctive relief for any and all violations of this chapter, and for other relief and/or
remedies provided at law or in equity.
ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the
City and any provision of the Municipal Code which are in conflict with the provisions of
this Ordinance are repealed to the extent of such conflict. All other sections of Chapter
18.13 not herein amended shall remain in effect.
Section 2. Severability. The sections of this ordinance are severable. The invalidity
of a section shall not affect the validity of the remaining sections.
Section 3. Effective Date. The rule requiring an ordinance to be read on three
separate days, one of which shall be a reading in full, is dispensed with, and this Ordinance
shall become effective upon its passage, approval and publication.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF
CHUBBUCK, IDAHO, this , day of September, 2021.
Kevin B. ng an r
4owe
rs, City Clerk
Ordinance - Page 29
chubbuck 082521 ord chapter 18.13,wpd