Loading...
HomeMy WebLinkAboutOrd_Cell Towers - February 2026 clean copy 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 is to establish standards for the placement, construction, modification and maintenance 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. 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 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 3.07.025 Cell Tower Applicability Page 2 A.Applicability. All new or modified towers or antennas shall be subject to these regulations. 1.Exception. Amateur Radio Station Operators/Receive Only Antennas. Any tower or 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 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. 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; Page 3 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; 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.Design Standards for Towers, Antennas, or Accessory Buildings. 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. Page 4 6. C.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. D.Separations and Setbacks. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in 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. Page 5 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. E.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. F. 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 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 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 Page 6 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 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 Abandoned And Nonconforming Towers A.Abandoned Towers or Antennas. Any antenna or tower that is considered abandoned shall be removed and the site restored within six (6) months of receipt of notice from the City of Rexburg. 1.Failure to remove an abandoned antenna or tower within six (6) months shall constitute grounds for the removal of the tower or antenna at the owner's expense. 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 Page 7 AYE NAY ABSENT ABSTAIN Councilmember Colin Erickson Councilmember Bryanna Johnson Councilmember Eric Erickson Councilmember David Reeser Councilmember Bill Riggins Councilmember Alisha Tietjen 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