8-4-74: TOWER OR ANTENNA STRUCTURES, COMMERCIAL:

   A.   Applicability:

      1.   This Section applies to tower structures and associated equipment, including but not limited to the purposes of commercial radio, television, telephone, paging, or satellite reception and/or transmission.

      2.   A structure that meets the following standards is reviewed as an accessory use. Any other structure is reviewed as a conditional use.

         a.   Collocation of new antenna and/or equipment for an approved commercial tower structure is an accessory use and requires a zoning certificate prior to installation.

         b.   Small wireless facilities are an accessory use and require a zoning certificate prior to installation.

         c.   Small Wireless Support Structures located outside of the Ada County Highway District and Idaho Department of Transportation rights-of-way require a zoning certificate and building permit prior to installation.

   B.   General Standards For Commercial Tower Structures And Associated Equipment:

      1.   Radio Frequency Emissions: The structure and equipment shall comply with FCC standards regarding radio frequency (RF) emissions.

      2.   Approval Required: The structure and equipment shall have approval from the Federal Aviation Administration and the Chief of the Idaho Bureau of Aeronautics prior to operation.

      3.   Additional Approval: The structure and equipment shall have approval from the Boise Airport Director prior to operation. The approval shall include specific reference to the site location, height of the tower, lighting, and issuance of an avigation easement.

      4.   Permits Required: All necessary permits required under federal, state, or local statutes, regulations, or ordinances including, but not limited to, building permits shall be obtained.

      5.   Maintenance Of Structure And Equipment: The structure and equipment shall comply with all federal, state, and local regulations and the construction standards established in this Section.

      6.   Outdoor Storage Areas: The proposed structure and equipment shall comply with the specific use standards for Outdoor Storage Area in this Chapter.

      7.   Conditional Use Approval: For any structure and equipment requiring conditional use approval, the Director shall notify all property owners within one thousand feet (1,000') of any property boundary of the proposed site.

      8.   Removal:

         a.   Any structure that has had no antenna mounted upon it for a period of one hundred twenty (120) consecutive days, or if the antennas mounted thereon are not operated for a period of one hundred twenty (120) successive days, shall be considered abandoned. The structure owner or landowner shall:

            (1)   Remove any such structure and any accompanying equipment enclosure within ninety (90) days of abandonment; and

            (2)   Bring the location of the removed structure back to its original state, or better.

         b.   The Director, upon determining that a structure has been abandoned, shall serve notice of its determination of abandonment upon the owner of the structure.

            (1)   The notice shall contain the reasons why the structure has been deemed abandoned, the owner's obligation to remove the structure and the owner's right to appeal the determination of abandonment.

            (2)   If the structure and equipment enclosure are not removed within ninety (90) days, then the County has the right without further notice to enter upon the land and remove and abate such structures at the expense of the tower owner or landowner.

      9.   Structure Construction, Setback, And Fall Zone Standards:

         a.   The structure shall be constructed to the Telecommunications Industry Association/Electronic Industries Association (TIA/EIA) 222 revision F standard entitled "Structural Standards for Steel Antenna Supporting Structures," or as hereinafter may be amended.

         b.   Within the Boise Air Terminal Airport Influence Areas Overlay District, the height limit on the tower structure or antenna structure shall be as required by the Code of Federal Regulations 14 CFR 77.

         c.   The design for structures over twenty feet (20') tall must allow for future arrangements of antennas upon the structure. These towers must also be designed to accept antennas mounted at varying heights.

         d.   If the tower does not exceed the height limitations of the applicable base district, the tower shall meet the setback requirements of the district. If the tower exceeds the height limitation of the applicable base district, the tower shall meet the setback requirements of the district or it shall set back one foot (1') for every ten feet (10') of total tower height from all property lines, whichever is greater.

         e.   In addition to the setback requirement noted in the preceding paragraph, a fall zone for each tower shall be delineated and permanently restricted from future development, as follows:

            (1)   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.

            (2)   If the fall zone does not lie completely within the subject property, a nonrevocable easement shall be obtained from all owners of property within the fall zone that prohibits the construction or placement of new structures within the fall zone, except as may be specifically permitted through the conditional use process. If an easement is utilized, a copy of the fully executed easement agreement shall be submitted as part of the application.

         f.   Towers shall be architecturally and visually compatible with the existing structures, vegetation, and/or uses in the area or likely to exist in the area under the terms of the applicable base district and/or comprehensive plan. Considerations shall include but not be limited to, the following factors: similar height, color, bulk, and/or shape, or camouflage techniques to disguise the tower. This shall not preclude towers requiring FAA painting and/or marking from meeting those standards.

         g.   This subsection B does not apply to small wireless support structures and small wireless facilities that meet the standards found in subsections C and D of this Section.

   C.   General Standards For Small Wireless Support Structures And Small Wireless Facilities:

      1.   Small Wireless Support Structures:

         a.   Small wireless support structures shall not exceed the height limitation of forty-five feet (45').

         b.   Small wireless support structures that are over twenty feet (20') tall and located within a utility easement or public right-of-way must be designed to allow for future arrangements of antennas and to accept antennas mounted at varying heights upon the small wireless support structure, to the extent reasonably feasible based upon construction, engineering, and design standards.

         c.   Small wireless support structures shall be permitted within utility easements or public rights-of-way in accordance with the requirements of this Section.

         d.   Single carrier small wireless support structures may be used within utility easements and public rights-of-way due to the height restrictions imposed by this Section.

         e.   The replacement of pre-existing small wireless support structures shall be subject to all the same requirements as the construction of new small wireless support structures.

      2.   Small Wireless Facilities:

         a.   Small wireless facilities located within utility easements or public rights-of-way are exempted from setback requirements.

         b.   Small wireless facilities may extend up to ten feet (10') above the height of a small wireless support structure.

         c.   Small wireless facilities may be mounted on a roof of a building only if the height of the small wireless facility at the highest point does not exceed the horizontal distance from the small wireless facility to the edge of the roof.

         d.   Small wireless facilities shall be compatible with regard to similar height, color, bulk, and/or shape, and/or use of camouflage techniques.

   D.   Application Requirements: The application materials shall include the following written documentation:

      1.   Suitability Analysis Of The Proposed Site: The analysis shall include, but is not limited to, the following:

         a.   Description of the surrounding area within one mile of the subject site including topography; and

         b.   For towers and/or associated facilities that do not meet the definition of small wireless support structures and small wireless facilities. Propagation charts showing existing and proposed transmission coverage at the subject site and within an area large enough to provide an understanding of why the facility needs to be placed at the chosen location.

         c.   For towers and/or associated facilities that meet the definition of small wireless support structures and small wireless facilities. A map and written analysis describing existing and proposed transmission coverage.

      2.   Facilities Not Meeting Definitions Of Small Wireless Support Structures And Facilities: For towers and/or associated facilities that do not meet the definitions of small wireless support structures and small wireless facilities: if applicable, a signed lease agreement, relevant portions of which require the owner to remove the tower and/or associated facilities upon cessation of use.

      3.   Facilities Meeting Definitions Of Small Wireless Support Structures And Facilities: For towers and/or associated facilities that meet the definitions of small wireless support structures and small wireless facilities: if applicable, a signed lease agreement, master lease agreement or letter of authorization from the property owner or controlling entity that requires the owner to remove the tower and/or associated facilities upon cessation of use.

      4.   Prior To Construction: Before construction of a small wireless support structure or small wireless facility commences in a utility easement or public right-of-way, the owner shall provide written evidence of a permit, license, or legal right or approval to use such structure or facility by the Ada County Highway District, other controlling entity, or the owner.

      5.   Owners may submit consolidated applications for up to five (5) small wireless facilities being installed, modified, replaced, or collocated.

   E.   Additional Application Requirements for Facilities That Require a Conditional Use Approval:

      1.   Engineering data showing that the tower is designed structurally, electrically, and in all other respects to accommodate both the equipment requested in the application and comparable equipment for a minimum of one (1) additional user if the tower is over twenty feet (20') tall. If the tower is over one hundred ten feet (110') tall, it shall be designed structurally, electrically, and in all other respects to accommodate both the equipment requested in the application and comparable equipment for a minimum of two (2) additional users.

      2.   A report from a qualified and licensed professional engineer in the state of Idaho that describes the facility height and design (including a cross section and elevation); documents the height above grade for the recommended mounting position for collocated antennas and the minimum separation distances between antennas; describes the facility's capacity; and any other information necessary to evaluate the request. The report must include the engineer's stamp and registration number.

      3.   A letter of intent committing the facility owner and successors to allow the shared use of the facility, as required by this Title, if additional users agree in writing to meet reasonable terms and conditions for shared use.

      4.   A map and written analysis demonstrating that the facility cannot be accommodated on an existing or approved tower within a two (2) mile radius.

      5.   The Planning and Zoning Commission will issue a decision within one hundred fifty (150) days after submission of the application.

      6.   It shall be the burden of the applicant or owner to demonstrate that the proposed facility cannot be accommodated on an approved tower or structure within the two (2) mile search radius due to one or more of the following reasons:

         a.   Unwillingness of a property owner, or tower or facility owner to entertain shared use.

         b.   The planned equipment would exceed the structural capacity of the existing tower or structure, as documented by a qualified and licensed professional engineer in the state of Idaho, and the existing tower or structure cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.

         c.   The planned equipment would cause radio interference with material impacting the usability of other existing or planned equipment at the tower or structure, and the interference cannot be prevented at a reasonable cost as documented by a qualified and licensed professional engineer or other professional qualified to provide necessary documentation.

         d.   Existing or approved towers or other structures within the search radius cannot accommodate the planned equipment at a height necessary to be commercially functional as documented by a qualified and licensed professional engineer or other professional qualified to provide necessary documentation.

         e.   The proposed collocation with an existing tower or structure would be in violation of a local, state, or federal law.

         f.   Any other unforeseen reasons that make it unfeasible to collocate upon an existing or approved tower or structure as documented by a qualified and licensed professional engineer, or other professional qualified to provide necessary documentation.

      7.   It shall be the burden of the owner to demonstrate that a good faith effort has been made to solicit the location of the proposed tower on federal, state, county, or city property when such property exists within the two (2) mile radius. Evidence of this shall include, at a minimum, copies of notices sent by certified mail, return receipt requested, to all federal, state, county or city property managers asking the possibility of locating the proposed tower on said property and requesting a written response within fifteen business days.

      8.   It shall be the burden of the owner to demonstrate that a good faith effort has been made to solicit additional users for the proposed structure. Evidence of this shall include, at a minimum, copies of notices sent by certified mail, return receipt requested, to all other providers of cellular and wireless communications services within Ada County, advising of the intent to construct a new tower, identifying the location, inviting the joint use and sharing the costs, and requesting a written response within fifteen business days.

(Ord. 1002, 10-28-2025)