8-4-75: TOWER OR ANTENNA STRUCTURE, PRIVATE:

   A.   The following regulations shall apply to tower structures for the purpose of private radio, television, or satellite reception and antennas for amateur radio. Towers are not subject to the accessory structure regulations of this Chapter.

   B.   General Standards:

      1.   The tower or antenna structure is only for private, not commercial, use.

      2.   The tower or antenna structure is accessory to a permitted or approved use.

      3.   Verification of compliance with the regulations and requirements of the following agencies, as applicable, shall be provided:

         a.   Federal Aviation Administration.

         b.   Idaho Transportation Department (Bureau of Aeronautics).

         c.   The City of Boise Airport Commission.

      4.   An amateur radio tower for a licensed amateur radio operator that exceeds the height limit for structures in the applicable base district shall require accessory use approval by the Director. The applicant or owner must be a licensed amateur radio operator. Any other tower that exceeds the height limit for structures in the applicable base district shall require conditional use approval.

   C.   Tower Construction Standards:

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

      2.   If the tower does not exceed the height limitations of the applicable base district, the tower shall meet the setback requirements of the district.

      3.   If the tower exceeds the height limitation of the applicable base district, the following standards shall apply:

         a.   The tower shall meet the setback requirements of the district, or it shall be set back one foot (1') for every ten feet (10') of total tower height from all property lines, whichever is greater.

         b.   A report shall be submitted from a qualified and licensed professional engineer and installed in accord with the manufacturer's specifications that describes the facility height and design (including a cross section and elevation). The report must include the engineer's stamp and registration number.

         c.   A copy of the notice of construction filed with the Federal Aviation Administration (FAA) shall be provided.

         d.   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.

      4.   Towers not requiring FAA painting and/or marking shall have either a galvanized finish or painted with a non-contrasting blue, gray, or black finish.

(Ord. 1002, 10-28-2025)