Link to Ada County Code

8-5-3-114: TOWER OR ANTENNA STRUCTURE, COMMERCIAL:

A. Applicability:

1. The following regulations shall apply to tower structures and associated equipment for the purpose of commercial radio, television, telephone, paging, or satellite reception and/or transmission.

2. A facility that meets the following standard shall be reviewed as an accessory use. Any other facility shall be reviewed as a conditional use.

   • a. Collocation of new antenna and/or equipment for an approved tower structure, commercial shall be deemed an accessory use and shall require a zoning certificate prior to installation.

   • b. Small Wireless Facilities shall be deemed an accessory use and shall 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 shall 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 facility shall comply with FCC standards regarding radio frequency (RF) emissions.

2. Approval Required: The facility shall have approval from the federal aviation administration and the chief of the Idaho bureau of aeronautics prior to operation.

3. Additional Approval: The facility shall have approval from the Boise Airport director prior to operation. The approval shall include specific reference to the site location, height of the facility, lighting, and issuance of an aviation easement.

4. Permits Required: The applicant or owner shall be required to obtain all necessary permits, as may be required under federal, state or local statutes, regulations, or ordinances including, but not limited to, building permits.

5. Maintenance of Facility: The facility shall be maintained in compliance with all federal, state, and local regulations and the construction standards set forth in this section.

6. Public Nuisance Prohibited: The owners of the facility shall have a continuous obligation to ensure the maintenance and upkeep and to prevent the creation of a public nuisance.

7. Outdoor Storage Areas: The proposed facility shall meet the standards for outdoor storage areas in section 8-5-3-78 of this chapter.

8. Conditional Use Approval: For any facility requiring conditional use approval, the director shall notify all property owners within a minimum of one thousand feet (1,000’) of any property boundary of the proposed site.

9. Removal: The tower and associated facilities shall be removed within sixty (60) days of cessation of use.

   • a. Any tower that has had no antenna mounted upon it for a period of 120 consecutive days, or if the antennas mounted thereon are not operated for a period of 120 successive days, shall be considered abandoned. The tower owner or landowner thereof shall:

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

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

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

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

     • (2) If the structure and equipment enclosure are not removed within 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.

10. Tower Construction, Setback, And Fall Zone Standards:

    • a. The tower 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 or antenna structure shall be as required by the code of federal regulations 14 CFR 77.

    • c. Towers over twenty feet (20’) in height must be designed to allow for future arrangements of antennas upon the tower. Such 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 be 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, the applicant must obtain a nonevocable easement 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. The decision making body shall consider, but shall not be limited to, the following factors: similar height, color, bulk, and/or shape, or camouflage techniques to disguise the facility. This shall not preclude towers requiring FAA painting and/or marking from meeting those standards.

    • g. This section shall not apply to Small Wireless Facilities that meet the standards found in Sections 8-5-3-114(C) and (D).

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 thirty-five feet (35’) forty five feet (45’).

   • b. Small Wireless Support Structures that are over twenty feet (20’) in height 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. The Small Wireless Facilities shall be architecturally and visually 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. 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 applicant to remove the tower and/or associated facilities upon cessation of use.

3. 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 applicant to remove the tower and/or associated facilities upon cessation of use.

4. Before construction of a Small Wireless Support Structure or Small Wireless Facility commences in a utility easement or Public Right of Way, the applicant 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. Applicants may submit consolidated applications for up to 25 5 Small Wireless Facilities being installed, modified, replaced, or collocated in the same zone.

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 applicant’s equipment and comparable equipment for a minimum of one additional user if the tower is over twenty feet (20’) in height. If the tower is over one hundred ten feet (110’) in height, it shall be designed structurally, electrically, and in all other respects to accommodate both the applicant’s equipment and comparable equipment for a minimum of two (2) additional users.

2. A report from a qualified and licensed professional engineer 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:.

   • a. A two (2) mile radius for towers with a height over one hundred ten feet (110’);

   • b. A one (1) mile radius for towers with a height over eighty feet (80’), but not more than one hundred ten feet (110’);

   • c. A one-half (1/2) mile radius for towers with a height over fifty feet (50’), but not more than eighty feet (80’);

   • d. A one fourth (1/4) mile Radius for towers with a height of fifty feet (50’) or less.

5. It shall be the burden of the applicant to demonstrate that the proposed facility cannot be accommodated on an approved tower or structure within the required 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, and the existing tower or facility 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.

6. It shall be the burden of the applicant 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 exist within the 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.

7. It shall be the burden of the applicant to demonstrate that a good faith effort has been made to solicit additional users for the proposed tower. 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.

8-5-3-115: TOWER OR ANTENNA STRUCTURE, PRIVATE:

A. Applicability:

The following regulations shall apply to tower structures for the purpose of private radio, television, or satellite reception and antennas for amateur radio. Towers shall not be subject to the accessory structures regulations of section 8-5-3-1 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. If the tower structure is less than six feet (6’) in height and/or does not exceed the height limit for the applicable base district, it shall not require administrative approval.

4. Any tower over six feet (6’) in height shall not be located in the front yard or in any required yard.

5. The applicant shall provide verification of compliance with the regulations and requirements of the following agencies, as applicable:

   • a. Federal aviation administration.

   • b. Idaho transportation department (bureau of aeronautics).

   • c. The city of Boise airport commission.

6. 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 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. The applicant shall submit a report 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. The applicant shall provide a copy of the notice of construction filed with the federal aviation administration (FAA).

   • 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, the applicant must obtain a nonrevocable easement 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 shall be painted a noncontrasting blue, gray, or black finish. Alternative colors or finish materials may be approved by the director