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
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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;
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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.
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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.
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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
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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
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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
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