HomeMy WebLinkAboutOrd_Cell Towers - February 2026 with changes 4.30.26Page 1
CITY OF REXBURG
ORDINANCE CELL TOWERS - FEBRUARY 2026
NOW THEREFORE, be it ordained by the Council of the City of Rexburg, in the
State of Idaho, as follows:
SECTION 1: AMENDMENT “3.07.010 Purpose And Objectives” of the
Rexburg Development Code is hereby amended as follows:
A M E N D M E N T
3.07.010 Cell Tower Purpose And Objectives
The purpose of this section ordinance is to establish standards for the placement, construction,
modification and maintenance ofgeneral guidelines for the sitting of wireless communications
towers and antennas in a manner that:.
A.Protects the public health, safety, and welfare;
B.Preserves the visual character and community appearance and minimizes the adverse
visual impacts through design, location, landscaping, and screening.
C.Promotes co-location and use of existing structures to minimize the total number of
tower sites throughout the community;
D.Encourages towers and antennas to be located where adverse impacts to the
community are minimal, avoiding residential areas when possible;
E.Goals. 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.
10.In furtherance of these goals, City of Rexburg shall give due consideration to
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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: AMENDMENT “3.07.020 Definitions” of the Rexburg
Development Code is hereby amended as follows:
A M E N D M E N T
3.07.020 Definitions
The following terms are defined in Chapter 2:Alternative Tower Structure Antenna
Backhaul Network FAA FCC Fenestration Pre-Existing Towers and Pre-Existing
Antennas
SECTION 3: AMENDMENT “3.07.030 Applicability” of the Rexburg
Development Code is hereby amended as follows:
A M E N D M E N T
3.07.030025 Cell Tower Applicability
A.New Towers and AntennasApplicability. All new or modified towers or antennas in
City of Rexburg shall be subject to these regulations, except as provided in subsection
3.07.030.
1.Exception. Amateur Radio Station Operators/Receive Only Antennas.
This ordinance shall not govern anyAny tower, or 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.
B.Local, State or Federal Requirements. All towers shall comply with the current
minimum standards and regulations of the FAA, the FCC, and any other agency of the
local, state or federal government with the authority to regulate towers and antennas.
1.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 local, state or
federal agency.
2.Failure to bring towers and antennas into compliance with such revised
standards and regulations shall constitute grounds for the removal of the tower
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or antenna at the owner's expense.
C.All towers shall comply with the standards contained within this Code, including but
not limited to the International Building Code, Electronic Industries Association, and
the National Electric Code.
D.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 subsections 3.07.040.D. & N.
SECTION 4: ADOPTION “3.07.030 Application Requirements For Cell
Towers” of the Rexburg Development Code is hereby added as follows:
A D O P T I O N
3.07.030 Application Requirements For Cell Towers(Added)
Permits Required.
A.Cell Tower Permit. A cell tower permit is required for any new, modified, or
replacement cell tower or antenna in any zone. Application submittals include, but are
not limited to, the following as applicable:
1.Statement of compliance with any local, state and federal requirements;
2.Engineering plans (stamped);
3.Building plans (including plans for any accessory buildings or cabinets);
4.Electrical plans;
5.Elevation Drawings of the proposed tower and any other structures;
6.Scaled Drawings
a.A scaled site plan clearly indicating the location, type and height of
the proposed tower, land uses and zoning for the tower property,
adjacent properties, and any properties within the applicable
separation distances, adjacent roadways, proposed means of access,
setbacks from property lines, topography, site elevations, parking,
landscaping, fencing, etc.
B.Conditional Use Permit. An approved Conditional Use Permit (as described in
subsection 1.04.030) is required for any cell tower or antenna that:
1.is located in an Open Space, Public Facility, Mixed Use, or residential zone;
2.exceeds the height limitations of the General Requirements section;
3.does not meet the standards of the General Requirements section;
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SECTION 5: AMENDMENT “3.07.040 General Requirements” of the
Rexburg Development Code is hereby amended as follows:
A M E N D M E N T
3.07.040 General Requirements for All Towers and Antennas
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.Dimensions, 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.Design Standards for Towers, Antennas, or Accessory Buildings.Aesthetics.
Towers and antennas shall meet the following requirements:
1.Finish. 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.
2.Design. 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.
3.Color. 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.
4.Lighting. Towers shall not be artificially lit, 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.
5.Signs. No advertising signs shall be allowed on an antenna or tower.
6.
D.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 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.
1.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
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have thirty (30) days to bring such tower into compliance with such standards.
2.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 owner(s)
expense.
E.Buildings and Support Equipment. Buildings and support equipment associated
with antennas or towers shall comply with the requirements of subsection 3.07.080.
F.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.
G.Inventory of Existing Sites.
1.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.
2.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.
H.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.
I.Height Limits.
1.Towers. Provided a licensed professional engineer certifies the tower can
structurally accommodate the number of shared users proposed by the
applicant, the tower shall not exceed the following height restrictions:
a.1 User. For a single user, a tower is limited to ninety (90') feet in
height;
b.2 Users. For two users, a tower is limited to one hundred twenty
(120') feet in height; and
c.3 or More Users. For three or more users, a tower is limited to one
hundred fifty (150') feet in height;
2.Ground Mounted Antennas. Freestanding ground mounted antennas shall
not exceed a height of thirty (30') feet above the original grade.
3.Building Mounted Antennas. Antennas mounted on existing structures,
buildings, or towers shall not extend more than thirty (30') feet above the
existing structure.
a.Prohibited. Towers, associated cabinets, or accessory buildings are
prohibited.
J.Separations and Setbacks.Measurement. For purposes of measurement, tower
setbacks and separation distances shall be calculated and applied to facilities located in
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the City of Rexburg irrespective of municipal and county jurisdictional boundaries.
1.Compliance. For purposes of determining whether the installation of a tower
or antenna complies with zoning regulations, including but not limited to
setback requirements, lot-coverage requirements, snow storage, landscaping,
parking, 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.
2.Separation. The base of the tower shall be at least one hundred percent
(100%) of the height of the tower from the foundation of the nearest building.
a.Exception. Accessory structures to the tower, accessory towers, and
accessory antennas.
b.Exception. In Commercial, Industrial, and University District zones,
the separation requirement may be reduced if a licensed engineer
provides stamped plans indicating that the tower is designed to fail in
less distance.
3.Fall zone. Towers shall be designed to contain collapse within the leased or
owned parcel.
4.Setbacks. Any towers, antennas, or accessory structures shall use the
underlying zoning setbacks, unless stated otherwise in this section.
a.No part of any antenna or other such item attached to a
communications tower shall be permitted to overhang any part of a
public right-of-way.
5.Easements and Restrictive Lot Covenants. In the event that separation or
setback requirements exceed the parcel boundary, an easement or restrictive
lot covenant from the adjacent landowner is required.
K.Security and Screening.
1.Security. Security fencing not less than six (6') feet in height shall surround
the tower or antenna.
2.Screening. Tower perimeters shall be screened either by privacy fencing or
landscaping and shall be maintained.
3.Perimeter buffer. A four (4') foot wide pervious landscape buffer is required
along the outside perimeter of the compound. This buffer does not require
trees or shrubs.
L.
M.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.
N.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.
O.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
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public notice to all abutting property owners and all property owners of properties that
are located within the corresponding separation distance listed in subsection
3.07.070.F.2, Table 2, in addition to any notice otherwise required by the Zoning
Ordinance.
P.Signs. No signs shall be allowed on an antenna or tower.
Q.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.
1.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.
2.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.
SECTION 6: AMENDMENT “3.07.050 Permitted Uses” of the Rexburg
Development Code is hereby amended as follows:
A M E N D M E N T
3.07.050 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. Antennas or towers located on property owned, leased, or otherwise
controlled by the City of Rexburg shall provide a license or lease authorizing such
antenna or tower has been approved by City of Rexburg.
SECTION 7: AMENDMENT “3.07.060 Administratively Approval” of the
Rexburg Development Code is hereby amended as follows:
A M E N D M E N T
3.07.060 Administratively Approval
A.General. The following provisions shall govern the issuance of administrative
approvals for towers and antennas.
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1.The Planning and Zoning Department may administratively approve the uses
listed in this section.
2.Each applicant for administrative approval shall apply to the Planning and
Zoning Department providing the information set forth in subsections
3.07.070.B. and D. 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.
3.The Planning and Zoning Department shall review the application for
administrative approval and determine if the proposed use complies with this
subsections 3.07.040, 3.07.070.H & I.
4.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.
a.Setbacks. 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 3.07.070.E or separation distances between towers 3.07.070.F by
up to fifty (50%) percent.
b.Monopole. 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.
c.CUP. If an administrative approval is denied, the applicant shall file
an application for a Conditional Use permit 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:
1.Industrial and Heavy Commercial. 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.
2.Locating antennas on existing structures or towers consistent with the terms of
subsections (a) and (b) below.
a.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 (8) or more dwelling
units, provided:
(1)The antenna does not extend more than thirty (30’) feet above
the highest point of the structure;
(2)The antenna complies with all applicable FCC and FAA
regulations; and
(3)The antenna complies with all applicable building codes.
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b.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:
(1)Modify or Reconstruct. 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.
(2)Height. 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.
(A)The height change may only occur one (1) time per
communication tower.
(B)The additional height shall not require an additional
distance separation. The tower’s pre-modification
height shall be used to calculate such distance
separations.
3.Onsite location
a.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.
b.After the tower is rebuilt to accommodate collocation, only one (1)
tower may remain on the site.
c.A relocated onsite tower shall continue to be measured from the
original tower location for purposes of calculating separation distances
between towers in subsection 3.07.070.F.2.
(1)The relocation of a tower hereunder shall in no way be
deemed to cause a violation of subsection 3.07.070.F.2.
d.The onsite relocation of a tower which comes within the separation
distances to residential units or residentially zoned lands shall only be
permitted when approved by the Planning and Zoning Department.
e.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
subsection 3.07.010 and the requirements of subsection 3.07.040; the
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tower meets the setback requirements and separation distances; and
the tower meets the following height and usage criteria:
(1)1 User. For a single user, up to ninety (90’) feet in height;
(2)2 Users. For two users, up to one hundred twenty (120’) feet
in height; and
(3)3 or More Users. 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.
f.Not Industrial or Heavy Commercial. 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 subsection
1.01.030 of this Ordinance.
g.Cable Micro Cell Network. 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 8: AMENDMENT “3.07.070 Conditional Use Permits” of the
Rexburg Development Code is hereby amended as follows:
A M E N D M E N T
3.07.070 Conditional Use Permits
A.General. The following provisions shall govern the issuance of special use permits for
towers or antennas by the Planning Commission:
1.Conditional Use Permit Required. If the tower or antenna is not a permitted
use of this ordinance or permitted to be approved administratively, then a
special use permit shall be required for the construction of a tower or the
placement of an antenna in all zoning districts.
2.Procedures & Requirements. Applications for special use permits under this
Section shall be subject to the procedures and requirements of section 1.4,
except as modified in this Section.
3.Conditions. 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.
4.Engineering Information. Any information of an engineering nature that the
applicant submits, whether civil, mechanical, or electrical, shall be certified by
a licensed professional engineer.
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5.Non-refundable fee. 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.
1.Information required. Applicants for a Conditional Use Permit for a tower
shall submit the following information with the application, in addition to any
other information required for a Conditional Use application in section
1.4.030.:
a.Backhaul Network. 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.
b.Existing Towers. 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 through
the use of the proposed new tower.
(1)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.
c.Feasible Locations. 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.
d.Future Users. A notarized statement by the applicant as to whether
construction of the tower will accommodate collocation of additional
antennas for future users.
e.Landscape Plan. A landscape plan showing specific landscape
materials.
f.Law Compliance. A description of compliance with subsections
3.07.040, 3.07.060.B.1, 3.07.060.B.4, and all applicable federal, state
or local laws.
g.Legal Description. Legal description of the parent tract and leased
parcel (if applicable).
h.Relationship to Zoned Properties. The setback distance between
the proposed tower and the nearest residential unit, platted
residentially zoned properties, and un-platted residentially zoned
properties.
i.Separation Distance. The separation distance from other towers
described in the inventory of existing sites submitted pursuant to
subsections 3.07.070.F. shall be shown on an updated Infrastructure
Plan or map.
j.Infrastructure Plan. A scaled Infrastructure Plan clearly indicating
the location, type and height of the proposed tower, on-site land uses
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and zoning, adjacent land uses and zoning, Master Plan classification
of the site and all properties within the applicable separation distances,
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.
k.Method of fencing, and finished color and, if applicable, the method
of camouflage and illumination.
C.Factors Considered in Granting Conditional Use Permits for Towers. In addition
to any standards for consideration of Conditional Use Permits applications, 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
3.07.060.B. of this Ordinance.
D.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 proposed antenna.
1.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:
a.Geographic Area. No existing towers or structures are located within
the geographic area which meets applicant's engineering
requirements.
b.Height. Existing towers or structures are not of sufficient height to
meet applicant's engineering requirements.
c.Strength. Existing towers or structures do not have sufficient
structural strength to support applicant's proposed antenna and related
equipment.
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d.Interference. 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.
e.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 exceeding new
tower development are presumed to be unreasonable.
f.Limiting Factors. The applicant demonstrates that there are other
limiting factors that render existing towers and structures unsuitable.
g.Alternative Technology. 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.
E.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.Adjoining Lot Lines. Towers must be set back a distance equal to at least
seventy-five (75%) percent of the height of the tower from any adjoining lot
line.
2.Minimum Zoning Setbacks. Guys and accessory buildings must satisfy the
minimum zoning district setback requirements.
F.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: Separation Distances from
Residential Units
Off-site
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Use/Designated
Area
Separation
Distance
Single-family or
duplex residential
units1
200 feet or 300%
height of tower
whichever is
greater
Vacant single-
family or duplex
residentially
zoned land which
is either platted or
has subdivision
plan approval
which is not
expired
200 feet or 300%
height of tower
whichever is
greater
Vacant un-platted
residentially
zoned lands3
100 feet or 100%
height of tower
whichever is
greater
Existing multi-
family residential
units greater than
duplex units
100 feet or 100%
height of tower
whichever is
greater
Non-residentially
zoned lands or
non-residential
uses
None; only
setbacks apply
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
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
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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 an Infrastructure Plan, of the proposed tower.
Table 2: Separation Distances Between Towers (Linear Feet)
Proposed
Towers
Existing Towers - Types
Lattice Guyed
Monopole
75 Ft in
Height or
Greater
Monopole
Less Than
75 Ft in
Height
Lattice 5000 5000 1,500
Guyed 5000 5000 1,500 750
Monopole
75 Ft in
Height or
Greater
1,500 1,500 1,500 750
Monopole
Less Than
75 Ft in
Height
750 750 750 750
G.Security fencing. Towers shall be enclosed by security fencing not less than six (6’)
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.
H.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.Buffer. 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.
a.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.
I.Trees & Landform Preservation. Existing mature tree growth and natural land forms
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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.
SECTION 9: AMENDMENT “3.07.080 Buildings Or Other Equipment
Storage” of the Rexburg Development Code is hereby amended as follows:
A M E N D M E N T
3.07.080 Tower or Antenna Accessory 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:
1.Residential Equipment Cabinet or Structure Locations.
a.Front or Side Yard. In a front or side yard provided the cabinet or
structure is no greater than eight (8’) feet in height or one-hundred
(100) square feet of gross floor area and the cabinet/structure is
located a minimum of twenty-five (25’) feet from all front yard lines
and six (6’) feet from side yard setbacks, (lot lines).
b.Rear Yard. In a rear yard, provided the cabinet or structure is no
greater than eight (8’) feet in height or one-hundred (100) square feet
in gross floor area.
c.Screening. The cabinet/structure shall be screened by an evergreen
hedge with an initial planted height of at least forty-two to forty-eight
(42” – 48”) inches and an ultimate height of eight (8’) feet.
2.Commercial or Industrial District Locations. In commercial or industrial
districts, the equipment cabinet or structure shall be no greater than eight (8’)
feet in height or one-hundred-sixty-nine (169) square feet in gross floor area.
a.Evergreen Hedge Screen. The structure or cabinet shall be screened
by an evergreen hedge with a planted height of at least thirty-six (36”)
inches and an ultimate height of eight (8’).
b.Fence Screen. The 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 a solid fence six (6’) feet in height or
the evergreen hedge.
C.Antennas Located on Towers. The related unmanned equipment structure shall not
contain more than one-hundred (100) square feet of gross floor area or be more than
eight (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 subsection
3.07.080 (a) through (c) may be modified by the Planning and Zoning Department in
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the case of administratively approved uses or by the Planning Commission in the case
of uses permitted by special use to encourage collocation.
SECTION 10: AMENDMENT “3.07.090 Removal Of Abandoned
Antennas And Towers” of the Rexburg Development Code is hereby amended as follows:
A M E N D M E N T
3.07.090 Removal Of Abandoned Antennas AndAbandoned And Nonconforming Towers
A.Abandoned Towers or Antennas. 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 be removedthe same and the site restored within
six (6) monthsninety (90) days of receipt of notice from the City of Rexburg. notifying
the owner of such abandonment.
1.Consequence. Failure to remove an abandoned antenna or tower within said
six (6) monthsninety (90) day shall beconstitute grounds for thetoremove
removal of the tower or antenna at the owner's expense.
2.Multiple Users. 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.
B.Rebuilding Damaged or Destroyed Towers or Antennas. Damaged or destroyed
towers or antennas that were previously approved may be rebuilt without having to
first obtain a Conditional Use Permit. The type, height, and location of the tower shall
be of the same type and intensity as the original approved facility.
SECTION 11: AMENDMENT “3.07.100 Nonconforming Uses” of the
Rexburg Development Code is hereby amended as follows:
A M E N D M E N T
3.07.100 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.
C.Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas.
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AYE NAY ABSENT ABSTAIN
Councilmember
Colin Erickson
Councilmember
Bryanna Johnson
Councilmember
Eric Erickson
Councilmember
David Reeser
Councilmember
Bill Riggins
Councilmember
Alisha Tietjen
Notwithstanding subsection 3.07.090, 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 subsections 3.07.070.b.1.i. and 3.07.070b.1.e.
1.The type, height, and location of the tower onsite shall be of the same type
and intensity as the original facility approval.
2.Building permits to rebuild the facility shall comply with the then applicable
building codes and shall be obtained within one-hundred-eighty (180) days
from the date the facility is damaged or destroyed.
a.If no permit is obtained or if said permit expires, the tower or antenna
shall be deemed abandoned as specified in subsection 3.07.090.
b.
PASSED AND ADOPTED BY THE CITY OF REXBURG COUNCIL
_______________________________.
Presiding Officer Attest
Jerry L Merrill, Rexburg Mayor, City
of Rexburg
Deborah Lovejoy, Rexburg City
Clerk, City of Rexburg