HomeMy WebLinkAboutChapter 11 CELL TOWERSCity of Rexburg Development Code: Cell Towers
CHAPTER 11: CELL TOWERS
Section 1: Purpose.
The purpose of this ordinance is to establish general guidelines for the sitting of wireless
communications towers and antennas. The goals of this ordinance are to: (1) protect residential areas and land
uses from potential adverse impacts of towers and antennas; (2) encourage the location of towers in non-
residential areas; (3) minimize the total number of towers throughout the community; (4) strongly encourage
the joint use of new and existing tower sites as a primary option rather than construction of additional single-
use towers; (5) encourage users of towers and antennas to locate them, to the extent possible, in areas where
the adverse impact on the community is minimal; (6) encourage users of towers and antennas to configure
them in a way that minimizes the adverse visual impact of the towers and antennas through careful design,
sitting, landscape screening, and innovative camouflaging techniques; (7) enhance the ability of the providers
of telecommunications services to provide such services to the community quickly, effectively, and efficiently;
(8) consider the public health and safety of communication towers; and (9) avoid potential damage to adjacent
properties from tower failure through engineering and careful sitting of tower structures. In furtherance of
these goals, City of Rexburg shall give due consideration to the \[Municipality's\] master plan, zoning map,
existing land uses, and environmentally sensitive areas in approving sites for the location of towers and
antennas.
Section 2: Definitions.
As used in this ordinance, the following terms shall have the meanings set forth below:
a. "Alternative tower structure" means man-made trees, clock towers, bell steeples, light poles and similar
alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
b. "Antenna" means any exterior transmitting or receiving device mounted on a tower, building or structure
and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications signals or other communication
signals.
c. "Backhaul network" means the lines that connect a provider's towers/cell sites to one or more cellular
telephone switching offices, and/or long distance providers, or the public switched telephone network.
d. "FAA" means the Federal Aviation Administration.
e. "FCC" means the Federal Communications Commission.
f. "Height" means, when referring to a tower or other structure, the distance measured from the finished grade
of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
g. "Preexisting towers and preexisting antennas” means any tower or antenna for which a building permit or
special use permit has been properly issued prior to the effective date of this ordinance, including permitted
towers or antennas that have not yet been constructed so long as such approval is current and not expired.
h. "Tower" means any structure that is designed and constructed primarily for the purpose of supporting one
or more antennas for telephone, radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission
towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures,
and the like. The term includes the structure and any support thereto.
Section 3: Applicability.
a. New Towers and Antennas. All new towers or antennas in City of Rexburg shall be subject to these
regulations, except as provided in Sections 3(b) through (d), inclusive.
b. Amateur Radio Station Operators/Receive Only Antennas. This ordinance shall not govern any tower, or
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the installation of any antenna, that is under seventy (70) feet in height and is owned and operated by a
federally-licensed amateur radio station operator or is used exclusively for receive only antennas.
c. Preexisting Towers or Antennas. Preexisting towers and preexisting antennas shall
not be required to meet the requirements of this ordinance, other than the requirements of
Sections 4(f) and 4(g).
Section 4. General Requirements.
a. Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A
different existing use of an existing structure on the same lot shall not preclude the installation of an
antenna or tower on such lot.
b. Lot Size. For purposes of determining whether the installation of a tower or antenna complies with district
development regulations, including but not limited to setback requirements, lot-coverage requirements, and
other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers
may be located on leased parcels within such lot.
c. Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Planning and
Zoning Department an inventory of its existing towers, antennas, or sites approved for towers or antennas,
that are either within the jurisdiction of City of Rexburg or within one mile of the border thereof, including
specific information about the location, height, and design of each tower. The Planning and Zoning
Department may share such information with other applicants applying for administrative approvals or
special use permits under this ordinance or other organizations seeking to locate antennas within the
jurisdiction of City of Rexburg, provided, however that the Planning and Zoning Department is not, by
sharing such information, in any way representing or warranting that such sites are available or suitable.
d. Aesthetics. Towers and antennas shall meet the following requirements:
i. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the
FAA, be painted a neutral color so as to reduce visual obtrusiveness.
ii. At a tower site, the design of the buildings and related structures shall, to the extent possible, use
materials, colors, textures, screening, and landscaping that will blend them into the natural setting and
surrounding buildings.
iii. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and
mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the
color of the supporting structure so as to make the antenna and related equipment as visually
unobtrusive as possible.
e. Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority.
If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the
surrounding views.
f. State or Federal Requirements. All towers must meet or exceed current standards and regulations of the
FAA, the FCC, and any other agency of the state or federal government with the authority to regulate
towers and antennas. If such standards and regulations are changed, then the owners of the towers and
antennas governed by this ordinance shall bring such towers and antennas into compliance with such
revised standards and regulations within six (6) months of the effective date of such standards and
regulations, unless a different compliance schedule is mandated by the controlling state or federal agency.
Failure to bring towers and antennas into compliance with such revised standards and regulations shall
constitute grounds for the removal of the tower or antenna at the owner's expense.
g. Building Codes; Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall
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ensure that it is maintained in compliance with standards contained in applicable state or local building
codes and the applicable standards for towers that are published by the Electronic Industries Association, as
amended from time to time. If, upon inspection, the City of Rexburg 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 such tower into
compliance with such standards. Failure to bring such tower into compliance within said thirty (30) days
shall constitute grounds for the removal of the tower or antenna at the owners expense.
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h. Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated
and applied to facilities located in City of Rexburg irrespective of municipal and county jurisdictional
boundaries.
i. Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to this ordinance
and shall not be regulated or permitted as essential services, public utilities, or private utilities.
j. Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law
for the construction and/or operation of a wireless communication system in City of Rexburg have been
obtained and shall file a copy of all required franchises with the Planning and Zoning Department.
k. Public Notice. For purposes of this ordinance, any Conditional Use request, variance request, or appeal of
an administratively approved use or special use shall require public notice to all abutting property owners
and all property owners of properties that are located within the corresponding separation distance listed in
Section 7(b) (5) (ii), Table 2, in addition to any notice otherwise required by the Zoning Ordinance.
l. Signs. No signs shall be allowed on an antenna or tower.
m. Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers
shall comply with the requirements of Section 8.
n. Multiple Antenna/Tower Plan. City of Rexburg encourages the users of towers and antennas to submit a
single application for approval of multiple towers and/or antenna sites. Applications for approval of
multiple sites shall be given priority in the review process.
Section 5. Permitted Uses.
a. General. The uses listed in this Section are deemed to be permitted uses and shall not require
administrative approval or a special use permit.
b. Permitted Uses. The following uses are specifically permitted:
i. Antennas or towers located on property owned, leased, or otherwise controlled by the City of Rexburg
provided a license or lease authorizing such antenna or tower has been approved by City of Rexburg.
Section 6. Administratively Approved Uses.
a. General. The following provisions shall govern the issuance of administrative approvals for towers and
antennas.
i. The Planning and Zoning Department may administratively approve the uses listed in this Section.
ii. Each applicant for administrative approval shall apply to the Planning and Zoning Department
providing the information set forth in Sections 7(b)(1) and 7(b)(3) of this ordinance and a
nonrefundable fee as established by resolution of Council to reimburse City of Rexburg for the costs of
reviewing the application.
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iii. The Planning and Zoning Department shall review the application for administrative approval and
determine if the proposed use complies with Sections 4, 7(b) (4) and 7(b) (5) of this ordinance.
iv. The Planning and Zoning Department shall respond to each such application within sixty (60) days
after receiving it by either approving or denying the application. If the Planning and Zoning
Department fails to respond to the applicant within said sixty (60) days, then the application shall be
deemed to be approved.
v. In connection with any such administrative approval, the Planning and Zoning Department may, in
order to encourage shared use, administratively waive any zoning district setback requirements in
Section 7(b)(4) or separation distances between towers in Section 7(b)(5) by up to fifty percent (50%).
vi. In connection with any such administrative approval, the Planning and Zoning Department may, in
order to encourage the use of monopoles, administratively allow the reconstruction of an existing
tower to monopole construction.
vii. If an administrative approval is denied, the applicant shall file an application for a Conditional Use
permit pursuant to Section 7 prior to filing any appeal that may be available under the Zoning
Ordinance.
b. List of Administratively Approved Uses. The following uses may be approved by the Planning and Zoning
Department after conducting an administrative review:
i. Locating a tower or antenna, including the placement of additional buildings or other supporting
equipment used in connection with said tower or antenna, in any industrial or heavy commercial
zoning district.
ii. Locating antennas on existing structures or towers consistent with the terms of subsections
(a) and (b) below.
1. Antennas on existing structures. Any antenna which is not attached to a tower may be approved
by the Planning and Zoning Department as an accessory use to any commercial, industrial,
professional, institutional, or multi-family structure of eight or more dwelling units, provided:
a. The antenna does not extend more than thirty (30) feet above the highest point of the
structure;
b. The antenna complies with all applicable FCC and FAA regulations; and
c. The antenna complies with all applicable building codes.
2. Antennas on existing towers. An antenna which is attached to an existing tower may be approved
by the Planning and Zoning Department and, to minimize adverse visual impacts associated with
the proliferation and clustering of towers, collocation of antennas by more than one carrier on
existing towers shall take precedence over the construction of new towers, provided such
collocation is accomplished in a manner consistent with the following:
a. A tower which is modified or reconstructed to accommodate the collocation of an additional
antenna shall be of the same tower type as the existing tower, unless the Planning and Zoning
Department allows reconstruction as a monopole.
b. Height
c. An existing tower may be modified or rebuilt to a taller height, not to exceed thirty (30) feet
over the tower’s existing height, to accommodate the collocation of an additional antenna;
except, the tower may not exceed the elevation of the Rexburg water tower.
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d. The height change referred to in subsection (iii) (a) may only occur one time per
communication tower.
e. The additional height referred to in subsection (iii) (a) shall not require an additional distance
separation as set forth in Section 7. The tower’s pre-modification height shall be used to
calculate such distance separations.
i. Onsite location
1. A tower which is being rebuilt to accommodate the collocation of an additional
antenna may be moved onsite within fifty (50) feet of its existing location.
2. After the tower is rebuilt to accommodate collocation, only one tower may remain on
the site.
3. A relocated onsite tower shall continue to be measured from the original tower
location for purposes of calculating separation distances between towers pursuant to
section 7(b) (5).
The relocation of a tower hereunder shall in no way be deemed to cause a violation
of Section 7(b) (5).
4. The onsite relocation of a tower which comes within the separation distances to
residential units or residentially zoned lands as established in Section 7(b)(5) shall
only be permitted when approved by the Planning and Zoning Department.
ii. New towers in non-residential zoning districts. Locating any new tower in a non-
residential zoning district other than industrial or heavy commercial, provided a licensed
professional engineer certifies the tower can structurally accommodate the number of
shared users proposed by the applicant; the Planning and Zoning Department concludes
the tower is in conformity with the goals set forth in Section 1 and the requirements of
Section 4; the tower meets the setback requirements in Section 7(b)(4) and separation
distances in Section 7(b)(5); and the tower meets the following height and usage criteria:
1. for a single user, up to ninety (90) feet in height;
2. for two users, up to one hundred twenty (120) feet in height; and
3. for three or more users, up to one hundred fifty (150) feet in height; Except, the
tower may not exceed the elevation of the Rexburg water tower.
iii. Locating any alternative tower structure in a zoning district other than industrial or heavy
commercial that in the judgment of the Planning and Zoning Department is in conformity
with the goals set forth in Section 1 of this ordinance.
iv. Installing a cable micro cell network through the use of multiple low-powered
transmitters/receivers attached to existing wireline systems, such as conventional cable or
telephone wires, or similar technology that does not require the use of towers.
Section 7. Conditional Use Permits.
a. General. The following provisions shall govern the issuance of special use permits for towers or antennas
by the Planning Commission:
i. If the tower or antenna is not a permitted use under Section 5 of this ordinance or permitted to be
approved administratively pursuant to Section 6 of this ordinance, then a special use permit shall be
required for the construction of a tower or the placement of an antenna in all zoning districts.
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ii. Applications for special use permits under this Section shall be subject to the procedures and
requirements of Chapter 6.13 \[Chapter on Conditional uses\] of the Zoning Ordinance, except as
modified in this Section.
iii. In granting a Conditional Use Permit, the Planning Commission may impose conditions to the extent
the Planning Commission concludes such conditions are necessary to minimize any adverse effect of
the proposed tower on adjoining properties.
iv. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or
electrical, shall be certified by a licensed professional engineer.
v. An applicant for a Conditional Use Permit shall submit the information described in this Section and a
non-refundable fee as established by resolution of the Council to reimburse City of Rexburg for the
costs of reviewing the application.
b. Towers.
i. Information required. In addition to any information required for applications for Conditional Use
Permits pursuant to Chapter 6.13 \[Chapter on Conditional Uses\] of the Zoning Ordinance, applicants
for a Conditional Use Permit for a tower shall submit the following information:
1. A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site
land uses and zoning, adjacent land uses and zoning, Master Plan classification of the site and all
properties within the applicable separation distances set forth in Section 7(b)(5), adjacent
roadways, proposed means of access, setbacks from property lines, elevation drawings of the
proposed tower and any other structures, topography, site elevations, parking, and other
information deemed by the Planning and Zoning Department to be necessary to assess compliance
with this ordinance.
2. Legal description of the parent tract and leased parcel (if applicable).
3. The setback distance between the proposed tower and the nearest residential unit, platted
residentially zoned properties, and un-platted residentially zoned properties.
4. The separation distance from other towers described in the inventory of existing sites submitted
pursuant to Section 4(c) shall be shown on an updated site plan or map. The applicant shall also
identify the type of construction of the existing tower(s) and the owner/operator of the existing
tower(s), if known.
5. A landscape plan showing specific landscape materials.
6. Method of fencing, and finished color and, if applicable, the method of camouflage and
illumination.
7. A description of compliance with Sections 4(c), (d), (e), (f), (g), (j), (l), and (m), 7(b) (4), 7(b) (5)
and all applicable federal, state or local laws.
h. A notarized statement by the applicant as to whether construction of the tower will accommodate
collocation of additional antennas for future users.
i. Identification of the entities providing the backhaul network for the tower(s) described in the
application and other cellular sites owned or operated by the applicant in the municipality.
j. A description of the suitability of the use of existing towers, other structures or alternative
technology not requiring the use of towers or structures to provide the services to be provided
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through the use of the proposed new tower.
k. A description of the feasible location(s) of future towers or antennas within the City of Rexburg
based upon existing physical, engineering, technological or geographical limitations in the event
the proposed tower is erected.
ii. Factors Considered in Granting Conditional Use Permits for Towers. In addition to any standards for
consideration of Conditional Use Permits applications pursuant to Chapter 6.13 \[Chapter on
Conditional uses\] of the Zoning Ordinance, the Planning Commission shall consider the following
factors in determining whether to Conditional Use Permits, although the Planning Commission may
waive or reduce the burden on the applicant of one or more of these criteria if the Planning
Commission concludes that the goals of this ordinance are better served thereby:
1. Height and elevation of the proposed tower;
2. Proximity of the tower to residential structures and residential district boundaries;
3. Nature of uses on adjacent and nearby properties;
4. Surrounding topography;
5. Surrounding tree coverage and foliage;
6. Design of the tower, with particular reference to design
characteristics that have the effect of reducing or eliminating
visual obtrusiveness;
7. Proposed ingress and egress; and
8. Availability of suitable existing towers, other structures, or alternative technologies not requiring
the use of towers or structures, as discussed in Section 7(b)(3) of this ordinance.
iii. Availability of Suitable Existing Towers, Other Structures, or Alternative Technology. No new tower
shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning
Commission that no existing tower, structure or alternative technology that does not require the use of
towers or structures can accommodate the applicant's a proposed antenna. An applicant shall submit
information requested by the Planning Commission related to the availability of suitable existing
towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing
tower, structure or alternative technology can accommodate the applicant's proposed antenna may
consist of any of the following:
1. No existing towers or structures are located within the geographic area which meets applicant's
engineering requirements.
2. Existing towers or structures are not of sufficient height to meet applicant's engineering
requirements.
3. Existing towers or structures do not have sufficient structural strength to support applicant's
proposed antenna and related equipment.
4. The applicant's proposed antenna would cause electromagnetic interference with the antenna on
the existing towers or structures, or the antenna on the existing towers or structures would cause
interference with the applicant's proposed antenna.
5. The fees, costs, or contractual provisions required by the owner in order to share an existing tower
or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs
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exceeding new tower development are presumed to be unreasonable.
6. The applicant demonstrates that there are other limiting factors that render existing towers and
structures unsuitable.
7. The applicant demonstrates that an alternative technology that does not require the use of towers
or structures, such as a cable micro cell network using multiple low-powered
transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology
that exceed new tower or antenna development shall not be presumed to render the technology
unsuitable.
iv. Setbacks. The following setback requirements shall apply to all towers for which a Conditional Use
Permit is required; provided, however, that the Planning Commission may reduce the standard setback
requirements if the goals of this ordinance would be better served thereby:
1. Towers must be set back a distance equal to at least seventy-five percent (75%) of the height of the
tower from any adjoining lot line.
2. Guys and accessory buildings must satisfy the minimum zoning district setback requirements.
v. Separation. The following separation requirements shall apply to all towers and antennas for which a
Conditional Use Permit is required; provided, however, that the Planning Commission may reduce the
standard separation requirements if the goals of this ordinance would be better served thereby.
1. Separation from off-site uses/designated areas.
a. Tower separation shall be measured from the base of the tower to the lot line of the off-site
uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.
b. Separation requirements for towers shall comply with the minimum standards established in
Table 1.
Table 1:
Off-site Use/Designated Area Separation Distance
1
Single-family or duplex residential units 200 feet or 300% height of tower
whichever is greater
2
Vacant single-family or duplex 200 feet or 300% height of tower
residentially zoned land which is either whichever is greater
platted or has preliminary subdivision plan
approval which is not expired
Vacant un-platted residentially zoned 100 feet or 100% height of tower
3
lands whichever is greater
Existing multi-family residential units 100 feet or 100% height of tower
greater than duplex units whichever is greater
Non-residentially zoned lands or non-None; only setbacks apply
residential uses
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1
Includes modular homes and mobile homes used for living purposes.
2
Separation measured from base of tower to closest building setback line.
3
Includes any un-platted residential use properties without a valid preliminary subdivision plan or valid
development plan approval and any multi-family residentially zoned land greater than duplex.
2. Separation distances between towers.
a. Separation distances between towers shall be applicable for and measured between the
proposed tower and preexisting towers. The separation distances shall be measured by
drawing or following a straight line between the base of the existing tower and the proposed
base, pursuant to a site plan, of the proposed tower.
The separation distances (listed in linear feet) shall be as shown in Table 2.
Table 2:
Existing Towers - Types
Lattice Guyed Monopole Monopole
75 Ft in Less Than 75
Height or Ft in Height
Greater
Lattice 5000 5000 1,500 750
Guyed 5000 5000 1,500 750
Monopole 75 Ft in Height or
Greater 1,500 1500 1,500 750
Monopole Less Than 75 Ft
in Height 750 750 750
750
vi. Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall
also be equipped with an appropriate anti-climbing device; provided however, that the Planning
Commission may waive such requirements, as it deems appropriate.
vii. Landscaping. The following requirements shall govern the landscaping surrounding towers for which
a special use permit is required; provided, however, that the Planning Commission may waive such
requirements if the goals of this ordinance would be better served thereby.
1. Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the
view of the tower compound from property used for residences. The standard buffer shall consist
of a landscaped strip at least four (4) feet wide outside the perimeter of the compound.
2. In locations where the visual impact of the tower would be minimal, the landscaping requirement
may be reduced or waived.
viii. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum
extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the
property perimeter may be sufficient buffer.
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Section 8. Buildings or Other Equipment Storage.
a. Antennas Mounted on Structures or Rooftops. Towers or associated cabinets are not allowed on roof tops
or existing structures.
b. Antenna’s Support Cabinets. The equipment cabinet or structure used in association with antennas shall be
located in accordance with the following:
i. In residential districts, the equipment cabinet or structure may be located:
1. In a front or side yard provided the cabinet or structure is no greater than 8 feet in height or 100
square feet of gross floor area and the cabinet/structure is located a minimum of 25 feet from all
front yard lines and 6 feet from side yard setbacks, (lot lines). The cabinet/structure shall be
screened by an evergreen hedge with an initial height of at least 42-48 inches.
2. In a rear yard, provided the cabinet or structure is no greater than 8 feet in height or 100 square
feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an
ultimate height of eight (8) feet and a planted height of at least 48 inches.
ii. In commercial or industrial districts, the equipment cabinet or structure shall be no greater than 8 feet
in height or 169 square feet in gross floor area. The structure or cabinet shall be screened by an
evergreen hedge with an ultimate height of eight (8) feet and a planted height of at least 36 inches. In
all other instances, structures or cabinets shall be screened from view of all residential properties which
abut or are directly across the street from the structure or cabinet by solid fence 6 feet in height or an
evergreen hedge with an ultimate height of eight (8) feet and a planted height of at least 36 inches.
c. Antennas Located on Towers. The related unmanned equipment structure shall not contain more than 100
square feet of gross floor area or be more than 8 feet in height, and shall be located in accordance with the
minimum yard requirements of the zoning district in which located.
d. Modification of Building Size Requirements. The requirements of Sections 8(a) through (c) may be
modified by the Planning and Zoning Department in the case of administratively approved uses or by the
Planning Commission in the case of uses permitted by special use to encourage collocation.
Section 9. Removal of Abandoned Antennas and Towers.
Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered
abandoned, and the owner of such antenna or tower shall remove the same within ninety (90) days of receipt of
notice from the City of Rexburg notifying the owner of such abandonment. Failure to remove an abandoned antenna
or tower within said ninety (90) day shall be grounds to remove the tower or antenna at the owner's expense. If
there are two or more users of a single tower, then this provision shall not become effective until all users’ cease
using the tower.
Section 10. Nonconforming Uses.
a. No Expansion of Nonconforming Use. Towers that are constructed and antennas that are installed, in
accordance with the provisions of this ordinance shall not be deemed to constitute the expansion of a
nonconforming use or structure.
b. Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist.
Routine maintenance (including replacement with a new tower of like construction and height) shall be
permitted on such preexisting towers. New construction other than routine maintenance on a preexisting
tower shall comply with the requirements of this ordinance.
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c. Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Notwithstanding Section 9, bona
fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to
first obtain administrative approval or a Conditional Use Permit and without having to meet the separation
requirements specified in Sections 7(b)(4) and 7(b)(5). The type, height, and location of the tower onsite
shall be of the same type and intensity as the original facility approval. Building permits to rebuild the
facility shall comply with the then applicable building codes and shall be obtained within 180 days from the
date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or
antenna shall be deemed abandoned as specified in Section 9.
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