CHAPTER 32 Title 10 Communication Towers and Antennas
CHAPTER 32
COMMUNICATION TOWERS AND ANTENNAS
SECTION:
10-32-1: Intent and Purpose
10-32-2: General Objectives
10-32-3: Definitions
10-32-4: General Provisions
10-32-5: Special Antenna Categories
10-32-6: Tower Categories
10-32-7: Setbacks
10-32-8: Separations
10-32-9: Co-location Required
10-32-10: Requirements of Colocation
10-32-11: Appearance
10-32-12: Support Equipment Buildings
10-32-13: Interference and Emissions Standards
10-32-14: Safety and Health
10-32-15: Maintenance
10-32-16: Backhaul Network
10-32-17: Non-conforming Use
10-32-18: Abandoned Towers
10-32-19: Conditional Use Permit Required
10-32-20: Business License
10-32-21 Business License Fees
10-32-22: Property Owner Responsible
10-32-23: Penalty
10-32-1: INTENT AND PURPOSE. Communication towers and antennas whose
distribution, placement, architectural, or other aesthetic properties are out of character with their
surroundings have the effect of decreasing the attractiveness and destroying the character and
integrity of the community. This in turn has an adverse impact on quality of life and property
values, important elements of the public welfare. The purpose and intent of this ordinance is to
promote the public welfare, by providing for those communication towers and antennas required
for over-the-air communications services, while controlling the negative impacts which can be
caused by these towers and antennas.
10-32-2: GENERAL OBJECTIVES. The objectives for establishing a conditional use
for and requiring business licenses for communication towers and antennas are to:
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(A) Provide for the legitimate desire of service providers, citizens, and businesses in and near
the City to provide, or to access and use over-the-air electromagnetic radio wave services
as quickly as practical;
(B) Protect the citizens of Ammon and surrounding areas from potential adverse impacts of
towers and other telecommunication facilities;
(C) Minimize adverse visual impact of wireless telecommunication facilities through careful
design, siting, landscaping and encouraging innovative camouflaging techniques;
(D) Promote and encourage shared tower use by co-location of antennas and antenna
support structures as a primary option rather than construction of additional single use
facilities;
(E) Establish siting, appearance, and noise standards that protect the residents and
businesses in and around Ammon by only allowing towers, antennas, and support
equipment buildings that are visually and audibly compatible with and tend to blend in with
the area where they are located;
(F) Optimize the placement and distribution of various types of towers; and
(G) Maintain tower appearance and structural integrity through design, construction, and
maintenance standards.
10-32-3: DEFINITIONS.
(A) Antenna -- any structure or device designed, utilized, or intended to be utilized to radiate
or capture over-the-air electromagnetic waves, for purposes including but not limited to
beacon, control signal, data, audio and/or video transmission or reception, radio or
television transmission or reception, studio to transmitter links, microwave relay links,
satellite uplinks and downlinks, unlicensed wireless services, commercial wireless
telecommunication services, commercial mobile wireless services, cellular phone
services, specialized mobilized radio communications, enhanced specialized mobilized
radio communications, personal wireless services, common carrier wireless exchange
access services, and pager services.
(B) Backhaul Network -- landlines (including trunks) and microwave links interconnecting
wireless telecommunications antennas, mobile telephone switching offices, and the public
switched telephone network (including local and long-distance providers).
(C) Board of Adjustment -- the Board of Adjustment of the City of Ammon, Idaho.
(D) City -- the City of Ammon, Idaho.
(E) City Clerk -- the City Clerk of the City of Ammon, Idaho.
(F) City Council -- the City Council of the City of Ammon, Idaho.
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(G) Co-location -- the use of a tower by more than one wireless communications provider.
(H) FAA -- the Federal Aviation Administration or its lawful successor.
(I) FCC -- the Federal Communications Commission or its lawful successor.
(J) Fire Chief -- the Fire Chief of the City of Ammon, Idaho.
(K) Mayor -- the Mayor of the City of Ammon, Idaho.
(L) Personal Wireless Services -- commercial mobile services, unlicensed wireless services
and common carrier wireless exchange access services as now defined in Section
704(a)(7)(C)(i) of the Telecommunications Act of 1996, 47 U.S.C. Section 332(a)(7)(C)(i),
as the same may be amended from time to time.
(M) Planning and Zoning Commission -- the Planning and Zoning Commission of the City of
Ammon, Idaho.
(N) Public Utility Facilities -- facilities designed or utilized for the transmission, distribution,
delivery or collection of electric, public switched telephone network, cable television,
natural gas, water or sewer utility services, or for the transportation of the public.
(O) Service Provider -- a wireless communications provider.
(P) Tower -- for the purpose of this chapter, tower refers to communications towers. A tower
is any lattice tower, monopole, pole, mast, spire, or similar structure, freestanding or
guyed, mounted on the ground or on another structure, which supports or is intended to
support one or more antennas.
(Q) \[Commercial\] Wireless Telecommunication Services -- licensed cellular, specialized
mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), personal
communication services (PCS), paging, and similar services utilizing over-the-air
electromagnetic radio waves that are marketed to the general public. Wireless
telecommunication services are not controlled by the Idaho Public Utilities Commission,
are not public utilities and are not essential services, but are governed under the
provisions of this ordinance.
10-32-4: GENERAL PROVISIONS.
(A) Any tower support equipment building must meet minimum requirements governing main
buildings in the zone in which it is located, unless the support equipment building is an
accessory to a main building, in which case the support equipment building must meet
minimum requirements for accessory buildings in the zone in which it is located.
(B) The tower and everything attached to it must meet minimum requirements governing
accessory buildings in the zone in which it is located. If the tower is also used to
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illuminate a public park, playing field, public parking lot or public street, or to hold a traffic
light, instead of being governed by accessory building setbacks, the tower shall minimally
be governed by street light setbacks. Additional setback requirements given in the
Setbacks section of this ordinance must also be met.
(C) No tower or antenna may extend further than eighteen (18.0) inches beyond the front line
of any building into the property's front yard, except for:
1. Satellite dishes and microwave TV dishes no greater than thirty (30.0) inches in
diameter,
2. Towers which are also used to illuminate public parks, playing fields, public parking
lots, or public streets,
3. Towers which are also used to hold traffic lights,
4. Towers which are made to look like and used as flag poles.
(D) The property where a tower is or will be located must have an access easement by which
vehicles and equipment can get to the property. Access roadways to towers must be
hard surfaced with asphalt or cement.
(E) If the land upon which the tower is or will be located is or will be leased, the lease shall fit
within "commercial lease" provisions of the Federal Bankruptcy Law.
(F) Except existing towers categorized as type 4, no tower shall be allowed to be constructed
as a lattice tower.
10-32-5: SPECIAL ANTENNA CATEGORIES.
(A) Receive only Antennas. Receive only antennas are those which receive but do not
transmit any signal. The most common receive only antennas are those which receive
broadcast AM radio, FM radio, or TV signals, although others also exist. A receive only
antenna is allowed in any zone in the City and does not require a conditional use permit
or business license, provided that the highest point of the tower and anything mounted on
it is no higher than thirty- or for roof
trees or buildings blocking a signal from a directional antenna, this height may be
increased sufficiently to clear the obstruction, but only up to a
above grade.
(B) Amateur Antennas. An amateur antenna, to include dipoles, used by a federally licensed
amateur radio operator, is allowed in any zone in the City and does not require a
conditional use permit or business license, provided the highest point of the tower and
from grade, and provided all applicable FCC regulations are met.
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(C) Personal Use Unlicensed Frequency Antennas. An antenna used to transmit on FCC
authorized unlicensed frequencies (such as Citizen's Band), for personal use only, may
be located in any zone in the City and does not require a conditional use permit or
business license, provided it meets the same minimum requirements that a receive only
antenna must meet, plus all applicable FCC regulations.
(D) Low Height Governmental Antennas. A transmitting antenna used strictly for Federal,
State, or local governmental purposes may be located in any zone in the City and does
not require a conditional use permit or business license, provided it meets the same
minimum requirements that a receive only antenna must meet, plus all applicable FCC
regulations.
(E) Mobile Antennas. An antenna attached to a licensed motor vehicle (including travel
trailers or motor home trailers or camper trailers, but excluding all other types of trailers)
may be used in any zone in the City and does not require a conditional use permit or
business license. This also includes any temporary antenna set in the parking area
beside such a vehicle, used exclusively by that vehicle, and carried in or on the vehicle
when the vehicle is not parked.
(F) Portable Hand-Held Device Antennas. An antenna attached to a portable hand-held
device, such as a walkie talkie, wireless phone, cell phone, or pager, may be used in any
zone in the City and does not require a conditional use permit or business license.
(G) Temporary Towers.
1. A "temporary tower", including such things as a cherry picker or crane, used to
determine acceptable antenna locations and heights, does not require a conditional
use permit or business license, but does require a letter of intent to be filed with the
Planning and Zoning Director, including specific locations to be tested and the date
each test will be made.
2. If a tower with a current conditional use permit and business license has been
damaged or destroyed, a temporary tower may be placed at the same site,
provided the temporary tower meets all setback requirements, for a period of up to
ninety (90) days, while the permanent tower is being repaired or replaced. Before
the temporary tower may be placed on the property, a building permit must be
applied for and the site must be found to be in compliance with the current
ordinance.
3. No other temporary towers are allowed within the City.
(H) Antenna Arrays. Antenna arrays are normally only used to transmit long wave, medium
wave (including broadcast AM radio), and short-wave radio signals. An antenna array,
consisting of multiple towers and their supporting mechanisms but functioning as a single
broadcast antenna, will be treated as a single tower where limitations on numbers of
towers exist in this ordinance.
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10-32-6: TOWER CATEGORIES. In all cases, each land and/or building owner, whether
public or private, has the right to control the placement of, dictate acceptable characteristics of,
and limit the total number of towers and/or antennas on his, her, their, or its property, as long as
all provisions of this ordinance are met. The City Council reserves the right to impose stricter
requirements than those required for a specific tower type, if the characteristics of the specific
tower site warrant it.
(A) Type 1: mounted to a roof or side of a building, and:
1. Extending no greater than thirty-
2. If guy wires are used, no guy wire may extend below the roof.
3. No part of a roof mounted tower may extend beyond the side of the building, and no
part of a side mounted tower may extend greater than eighteen (18.0) inches
beyond the side of the building.
4. Nothing mounted on the tower may extend further than thirty-
the average height of the highest roof, nor greater than eighteen (18.0) inches
beyond the side of the building.
5. An antenna mounted directly to the side of a building or any other structure not
otherwise classified as a tower may not extend above the square or top of the side
of the building, nor more than eighteen (18.0) inches beyond the side of the
building.
6. Allowed in the R-3, R3-A, and all commercial, industrial and manufacturing zones.
(B) Type 2: a monopole designed to be consistent with other utility poles in the area or
designed as a separate pole to blend into the surrounding landscape and:
1. No greater than one-
top of the tower and anything mounted to the tower.
2. No greater than thirty (30.0) inches in width or in depth.
3. Nothing mounted on the tower, including but not limited to antennas, mounting
brackets, amps platforms, and transformers, may extend further than sixteen (16)
feet beyond the face of the tower, with the exception of antennas strung between
towers, supports for electric, telephone, cable TV, and other lines defined as utility
lines by City code, and those lights and flags specifically allowed on the tower
under items 10-32-6(B)4 and 10-32-6(B)5 of this ordinance.
4. Allowed in any zone in a one (1) acre or greater public park, in a playing field
located on a five (5) acre or greater property upon which no residence is located, or
in a public parking lot, with a light or lights attached to illuminate the public park,
playing field, or public parking lot.
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5. When made to look like a flag pole, allowed in any zone except single family
residential zones, provided that:
(a) Excluding the land the tower itself is on, the tower is at least two hundred
(200.00) feet from the nearest single family zoned residential property line,
(b) The flag is flown daily as part of the operation of the related property
activities.
(c) The flag is sized appropriately for the height of the pole.
6. Allowed behind and within one hundred fifty (150) feet of a building, when located in
any commercial zone.
7. Allowed anywhere on the property, when located in an industrial or manufacturing
zone (M-1, I&M-1, or I&M-2), unless prohibited by another section of this chapter.
8. Allowed in any commercial or industrial zone adjacent to a public street, with a light
or lights attached to illuminate the street,
9. Allowed in any zone when located adjacent to an arterial with a light attached to
illuminate the arterial, or when located adjacent to an arterial, or at an intersection
of an arterial and any other street, with a traffic light attached.
(C) Type 3: Any tower which is in excess of the allowed height in the type 2 tower category or
cannot meet the minimum requirements of any of the other tower types. This category
would also include any tower whose height or location force it to be marked with FAA
standard colors and/or to use FAA mandated warning lights. Type 3 towers are subject to
the following:
1. Allowed in manufacturing and industrial zones (M-1, I&M-1 or I&M-2) or when
proposed outside an industrial or manufacturing zone, justification must be provided
for not using a type 1 or type 2 tower due to one or more of the following:
(a) City Council has requested a type 3 tower at a specific site.
(b) Height limitations:
i. For a type 1 tower, no building which would otherwise allow the
antenna to reach the desired coverage area is both available and tall
enough to get the antenna to the height required and still meet type 1
tower height limitations; and
ii. Neither a type 1 or 2 tower would be tall enough; and
iii. For sound engineering reasons, the service provider's tower system
plan cannot be redesigned (including but not limited to using infill
towers) to accommodate a shorter tower height.
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(c) Site availability:
i. No industrial or manufacturing sites are available which would allow the
antenna or disbursed sets of antennas to reach the desired coverage
area; and
ii. No other sites capable of accommodating type 1 or type 2 towers are
available which would allow the antenna or disbursed sets of antennas
to reach the desired coverage area.
2. Type 3 towers may not exceed one-hundred sixty-
measured from the ground at grade to the top of the tower and anything mounted
on the tower. If a greater height above average terrain is required, this must be
achieved by locating the tower on higher ground.
(D) Type 4: Any tower that exists at the time of adoption of this ordinance or that is annexed
into the City that does not meet all of the minimum requirements of the category types 1
through 3.
Any type 4 tower that was built without a public hearing held under the City of Ammon
jurisdiction and that has not undergone a public hearing within the City of Ammon shall,
prior to the addition of co-location antennas be required to undergo a public hearing
following all requirements of a new tower as described in section 10-32-19 of this chapter.
10-32-7: SETBACKS. For setback purposes, tower height is measured from the ground at
grade to the highest point on both the tower and anything attached to the tower (including
lightning rods). All setbacks given in this section are in addition to those imposed by the zone in
which the tower is located. The City Council reserves the right to impose stricter setback
requirements, if the characteristics of the specific tower site warrant it.
(A) All tower types:
1. Due to its proximity to Fanning Field, Idaho Fall's airport, the Eastern Idaho
Regional Medical Center's life flight operations must use a special corridor along
Sunnyside Road to get into and out of the hospital. To protect this corridor, no
three hundred twenty (1320) feet of Sunnyside Road's right of way, from that
portion of Sunnyside Road one thousand three hundred twenty (1320) feet east of
Ammon Road, to where it meets the City boundary at 25th East on the west.
2. In the instance where a tower has been installed prior to September 1, 2022, within
an undeveloped commercial zone, any building constructed shall be setback a
minimum of ten (10) feet from the perimeter of the tower property. The Developer of
the commercial property shall install bollards every four (4) feet along the tower
property to reduce the possibility of vehicles reaching the tower components.
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3. All towers installed after September 1, 2022 within an undeveloped commercial
zone shall install bollards every four (4) feet along the tower property to reduce the
possibility of vehicles reaching the tower components.
(B) Type 2 towers:
1. For towers located adjacent to arterials, there are no setback requirements beyond
those imposed by the zone in which the tower is located.
2. Otherwise, the centerline of the tower must be horizontally set back at least one
(1.00) times the height of the tower from all R2-A, R-3, and R3-A properties and
two-e family zoned properties within the City.
This requirement shall also be considered for all properties shown as residential on
the comprehensive plan map outside the City but within the City's impact area, or if
outside the City's impact area, zoned or designated as residential by the city or
county governing that property.
(C) Type 3 towers: excluding the property the tower itself sits on, the centerline of the tower
must be horizontally set back at least:
1. One (1.00) times the height of the tower from any arterial;
2. Four (4.00) times the height of the tower from all single family residentially zoned
properties within the City. This set back requirement shall also apply from all
properties designated as low density on the comprehensive plan map outside the
City but within the City's impact area, or if outside the City's impact area, zoned or
designated as low density residential by the city or county governing that property
(for the purpose of this requirement low density shall include any property zoned or
designated for a maximum density of four (4) living units per acre or less);
3. Two (2.00) times the height of the tower from all R2-A zoned properties within the
City. This set back requirement shall also apply from all properties designated as
medium high density on the comprehensive plan map outside the City but within the
City's impact area, or if outside the City's impact area, zoned or designated a
density equivalent to that allowed by Ammon City Code in the R2-A zone;
4. One (1.00) times the height of the tower from all R-3, R3-A, and all commercial
zoned properties within the City. This set back requirement shall also apply from all
properties designated as commercial or high density on the comprehensive plan
map outside the City but within the City's impact area, or if outside the City's impact
area, zoned or designated as commercial or high density by the city or county
governing that property;
5. Except for the minimum setbacks required in the zone where the tower is located,
no minimum setbacks are required from M-1, I&M-1, or I&M-2 properties within the
City. This set back requirement shall also apply from properties designated as
industrial or manufacturing on the comprehensive plan map outside the City but
within the City's impact area, or if outside the City's impact area, zoned or
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designated as industrial or manufacturing by the city or county governing that
property.
10-32-8: SEPARATIONS. For separation purposes, the separation distance is measured
from the centerline of one tower to the centerline of the next tower. The City reserves the right
to impose stricter separation requirements, if the characteristics of the specific tower site
warrant it.
(A) All placement of new towers within the City shall be at a minimum distance of six
hundred sixty (660) feet from any other tower, including towers that may be located
outside the City limits, except those classified in item (B);
(B) All new type 3 towers shall be separated at least one (1) mile from any other type 3
tower, including towers that may be located outside the City limits.
10-32-9: COLOCATION REQUIRED. Co-Location shall be considered and required as
follows:
Type 1 and 2 towers shall be assessed on a site-by-site basis by City Staff in regards to co-
location requirements. Staff shall make a recommendation to the Planning and Zoning
Commission in regards to requirements of co-location on Type 1 and 2 towers.
No new Type 3 tower shall be permitted unless the tower is designed and built to be able to
support multiple carriers whose co-located equipment would minimally be comparable in weight,
size and surface area with the facilities being applied for by the new tower applicant, unless the
applicant can show why not requiring co-location would reduce the number of towers required to
serve the City service area.
No new tower shall be permitted unless the applicant provides evidence of attempting to install
or co-locate on existing towers within a one-half (½) mile radius of the proposed tower site.
Good faith efforts to negotiate co-location shall be evidenced by the following:
(A) Lack of existing towers or structures located within the geographic area required to meet
(B)
engineering requirements;
(C) Insufficiency of existing towers or structures to support the proposed antenna and
related equipment;
(D) ause interference with the existing
antenna(s) on existing towers or structures, or the antenna(s) on the existing towers or
(E) The fees, costs of contractual provisions required by the owner in order to co-locate on
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an existing tower or structure or to adapt an existing tower or structure for co-location
are unreasonable. Costs exceeding new tower development are presumed to be
unreasonable.
(F) The applicant shall provide the City with communications held with other tower owners
showing that all possible co-location has been attempted.
10-32-10: REQUIREMENTS OF CO-LOCATION: For co-location purposes, tower height
is defined as the distance from the ground at grade to the top of the tower, exclusive of anything
mounted on the tower. The City Council reserves the right to impose stricter co-location
requirements, if the characteristics of the specific tower site warrant it.
(A) Towers which support only the following types of antennas are excluded from co-location
requirements, although the owner is allowed to offer co-location if he, she, they, or it so
desires:
1. Antennas transmitting on frequencies below 30 MHz;
2. Antennas used exclusively for public safety or other governmental purposes;
3. Receive only antennas.
(B) All towers one-
antennas mounted at varying heights, and must be able to support the following number
of user antennas; where each additional antenna is structurally comparable to the first
user's antenna(s):
1. For towers one-
2. For towers one-hundred twenty-three
users;
3. For towers one-
4. For towers one-hundred fifty-five
(C) In addition to the requirements given in the "Support Equipment Buildings" section of this
ordinance, the tower owner must own or lease sufficient land adjacent to the tower to
accommodate a single building big enough to hold all the support equipment (radios,
generators, etc.) for the total number of users mandated above. This building may initially
be sized to just hold the original tower user's equipment, and then added onto as
additional co-locators locate on the tower, but only one support equipment building is
allowed per tower. This does not preclude each co-locator's space in the support
equipment building from being totally isolated from all other users' space, nor does it
preclude separate outside doors to each space. The exterior of the entire building,
regardless of the number of occupants, must be of the same architecture, construction,
and materials throughout, to provide a uniform appearance.
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(D) Tower owners' co-location fees shall not exceed what the Idaho market will bear. A
statement showing current rates charged within the Idaho market shall be submitted with
each new application for a tower.
(E) As a condition of being granted a conditional use permit, all tower owners whose towers
are required by this ordinance to be built with co-location capabilities agree to allow public
safety communication systems to co-locate on their towers.
(F) For any tower which this ordinance requires to be built with co-location capabilities, the
tower conditional use permit shall designate the maximum number of co-location
antennas that shall be allowed. The tower owner shall then provide the ability of co-
location to future users.
(G) Any tower approved by conditional use permit under this chapter shall provide the City
one (1) co-location space at no charge. This space shall be reserved for the City on such
tower, and may only be used by the City to support its internal operations.
10-32-11: APPEARANCE.
(A) All towers, antennas, and support equipment must conform to Federal Aviation
Administration (FAA) and other federal and state regulations regarding colors. Any
portion of any tower, antenna, or support equipment not regulated by FAA, federal, or
state regulations must be a color which:
1. For towers attached to buildings, the tower and everything attached to the tower
must be low contrast to the building as a whole;
2. For antennas attached directly to a building (for example, as a facade), the antenna
must blend in with and appear to be a part of the building;
3. For free standing towers, if there is a building within one hundred fifty (150) feet of
the tower (excluding the support equipment building), the bottom part of the tower
laterally across from the building and everything attached to the bottom part of the
tower must be low contrast to the building as a whole, and if the color of the building
is changed such that the bottom part of the tower no longer is low contrast to the
building as a whole, then the color of the bottom part of the tower must be changed
to again become low contrast with the new building color, preferably at the same
time the building color is changed, but no later than thirty (30) days after the
building color changes;
4. For free standing towers, if there are no buildings within one hundred fifty (150) feet
of the tower except for the support equipment building, the bottom part of the tower
and everything attached to the bottom part of the tower must be low contrast year-
round to surrounding vegetation and terrain;
5. The remaining (or upper) parts of the tower and everything attached to the
remaining (or upper) parts of the tower must be low contrast to the sky (both clear
Page 12 of 20 COMMUNICATION TOWERS AND ANTENNAS REVISED 10-6-22
and clouded), and this color need not be the same as used for other parts of the
tower;
6. Any type 2 tower not also used as a flag pole alternatively may be the same color
as a wooden utility pole, with the provision that everything attached to the tower
must be low contrast to either the tower or the surrounding environment;
7. All tower surfaces and finishes designed to corrode or weather to their final stage of
finish are prohibited;
8. The City Council reserves the right to require specific colors for any given tower,
and anything attached to it. This can include what paint or other colorant base to
use, how many coats to use, what pigment to use, and the percentage the color
may deviate from a specified pigment.
(B) All towers must conform to Federal Aviation Administration (FAA), Idaho Transportation
Department Division of Aeronautics, Federal Communications Commission (FCC), and
other federal and state regulations regarding warning lights and other lighting. When
such lights are present, both the light and any flashing or strobing effect must be
minimally visible from any part of the ground within visual range of the tower. Except for
lights illuminating public parks, playing fields, or public parking lots on type 2 towers, lights
illuminating public streets on type 3 towers, and traffic lights on type 3 towers, no other
lights are authorized on a tower, without specific permission from the City Council.
(C) Except for FAA tower designation signs, warning signs, equipment information signs,
owner and who to contact signs, and broadcast station call letters, the use of any portion
of a tower for signs is prohibited.
(D) No trash and no outdoor storage of any kind of material, including vehicles, is permitted
on the land used by the tower and support equipment building. If the tower is located in a
public parking lot, vehicles may use the public parking lot, but permanent parking of
vehicles is prohibited.
(E) All support equipment emitting any sound shall be located in the support equipment
building. The support equipment building shall use hospital graded or hospital zoned
mufflers. If none of the support equipment emits any sound, the requirement for these
mufflers may be waved, but no sound emitting equipment may subsequently be
introduced until such time as these mufflers are in place.
(F) The City Council reserves the right to require towers, support equipment buildings, the
land containing the tower and its support equipment building, and/or anything connected
to the tower including antennas, to be concealed or camouflaged and may add items not
listed in this code on a case-by-case basis as required to maintain the tower property in
harmony with the surrounding area.
10-32-12: SUPPORT EQUIPMENT BUILDINGS.
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(A) All equipment supporting type 1 towers must be located in the building upon which the
tower is mounted or installed in a building meeting all the design and setback
requirements of the existing zone, except for that equipment which can only be located on
the tower itself.
(B) Any addition made to an existing building in order to house support equipment must be
visually compatible with the existing building.
(C) Except for outdoor transformers and equipment which can only be mounted on the tower
itself, all support equipment (including generators) must be housed in a support
equipment building.
(D) When support equipment is housed in an independent support equipment building rather
than a main building, the support equipment building must be of a similar minimum
construction and appearance as other conforming auxiliary buildings in the zone and
area. All buildings used for support equipment on a tower must meet the current building
code as adopted by the City of Ammon.
(E) Support equipment buildings shall not be constructed of metal. Nor may a support
equipment cabinet be used instead of a building. The minimum acceptable building
material is cinder block, architectural brick, or a poured block with a brick appearance.
Roofs must use asphalt shingles, or alternatively must be a flat one-piece membrane
rated to withstand Eastern Idaho snow loads.
(F) Rapid entry (KNOX) box systems shall be installed as required by the fire chief.
(G) A support equipment building may not be located in a utility easement.
(H) Support equipment buildings for towers located in public parks, playing fields, or public
parking lots shall:
1. Be a color which is low contrast year-round to surrounding vegetation and terrain,
unless otherwise dictated by the public parks, playing fields, or public parking lot's
owner, or as specified by the City Council.
2. Be owned by the City or other entity owning the public park, playing field, or public
parking lot. (This ownership applies to the support equipment building only, not to
the tower.)
3. Contain a separate room or rooms, accessed by separate outside doors, to provide
storage space and/or restroom facilities to the City or other entity owning the public
park, playing field, or public parking lot.
(I) Support equipment buildings for towers located behind or otherwise near a main building
shall either be a part of the main building itself, or shall be similar in appearance to the
main building.
Page 14 of 20 COMMUNICATION TOWERS AND ANTENNAS REVISED 10-6-22
(J) Support equipment buildings for towers located by a public street or at an intersection of
public streets shall be a color which is low contrast year-round to the surrounding area.
(K) Support equipment buildings must conform with the sound control requirements specified
in the "Appearance" section of this ordinance.
(L) Support equipment buildings must conform with the additional requirements given in the
"Co-location" section of this ordinance.
10-32-13: INTERFERENCE AND EMISSIONS STANDARDS. All transmitting antennas and
devices must stay in compliance with FCC regulations governing electromagnetic interference
and radio frequency interference. In the event the City has reason to believe a tower or antenna
within the City is causing interference or emissions out of compliance with the FCC; the City
shall first notify the tower owner of the possible problem. The tower owner shall then be
responsible for testing to verify all emissions from the tower are in compliance with the FCC
regulations. In the event the tower owner fails to verify compliance within 90 days of notification
by the City; then the City shall take the necessary steps to verify compliance and the tower
owner shall then be responsible for all costs incurred including but not limited to attorney fees.
No renewal of a business license or conditional use permit shall be granted until such time as
required compliance letters are received by the City Clerk and all costs incurred by the City
have been paid in full.
10-32-14: SAFETY AND HEALTH. The tower owner bears full legal responsibility for any
harm the tower or its associated facilities may cause to any person, any property, or the
environment. The antenna owner bears full legal responsibility for any harm the antenna or its
associated facilities may cause to any person, any property, or the environment.
(A) Every tower shall be protected to discourage climbing of the tower by unauthorized
persons. Preferably, the tower design itself will discourage climbing. This may not be
achieved, however, by placing barbs or similar devices which would cause bodily harm on
or near the tower. In some cases, the City Council may require a fence to secure a
specific site.
(B) Metal towers must be constructed of, or treated with, corrosive resistant material.
Wooden towers must be impregnated with rot resistant substances.
(C) The tower and associated facilities must be covered by liability insurance.
(D) All towers, antennas, and signals transmitted from them must comply with current Federal
Aviation Administration (FAA) regulations, State of Idaho Code Title 21 Chapter 5, State
of Idaho Administrative Rule 39.04.02, Federal Communications Commission (FCC)
regulations, and all other regulations issued by federal and State of Idaho agencies
governing communications towers, antennas, and signals transmitted from them. For the
lifetime of the tower and each antenna, any new or changed federal or state regulation
governing it must be complied with within the time frame mandated by the new or
changed regulation, or if no time frame is provided, within six months of the new or
Page 15 of 20 COMMUNICATION TOWERS AND ANTENNAS REVISED 10-6-22
modified regulation's effective date. Failure to comply with federal and state regulations is
in violation of this ordinance and constitutes a misdemeanor, punishable as described in
the "Penalty" section of this ordinance.
10-32-15: MAINTENANCE. Under some circumstances the City may require an
inspection from an independent professional engineering firm certified in the State of Idaho
certifying:
(A) What damage (if any) was sustained by the tower since the previous inspection report,
and the repairs made to correct it;
(B) That the tower is free from rust, rot, pealing, flaking, blisters, and similar defects, and is
appropriately treated to remain so through the coming year.
(C) That the tower has been thoroughly inspected and the inspection verifies that the
structural integrity of the tower meets applicable standards.
10-32-16: BACKHAUL NETWORK. All providers of backhaul service for each antenna on the
tower must be identified to the City, and must hold a current franchise with the City.
10-32-17: NONCONFORMING USE. Any permanent tower and any antenna mounted
thereon, which was legally established and in use at the effective date of this ordinance, which
does not meet the requirements of this ordinance (except it must still meet the business license,
interference, maintenance, backhaul networks, and most of the safety and health requirements),
and cannot be economically modified to meet the requirements of this ordinance, shall be
deemed to be a nonconforming use, and such nonconforming use may be continued
notwithstanding the fact that it may not comply with the provisions of this ordinance. No tower
or antenna which is in conformance with the provisions of this ordinance is allowed to come out
of conformance. Nonconforming uses are subject to the following requirements:
(A) All nonconforming tower owners must maintain a valid business license as required in the
business licensing section of the City code.
(B) Each service provider using the tower must be brought into conformance with the
backhaul network requirements of this ordinance.
(C) Any tower found to be out of compliance with the maintenance, and safety and health
provisions of this ordinance shall be brought into compliance prior to the issuance or
renewal of a business license.
(D) Routine maintenance is permitted on nonconforming towers and antennas. However, a
nonconforming tower or antenna may not be structurally altered or replaced by another
tower which is different in use, physical dimensions, or location, without complying in all
respects with this ordinance.
Page 16 of 20 COMMUNICATION TOWERS AND ANTENNAS REVISED 10-6-22
(E) If the cost of repairing a damaged or destroyed nonconforming tower or its components to
its former use, physical dimensions, and location would be greater than the cost of a new
tower of like kind and quality, then the tower may not be repaired or restored except in full
compliance with this ordinance. Otherwise, a damaged or destroyed nonconforming
tower may be repaired and restored to its former use, location, and physical dimensions
upon obtaining a building permit therefore, and continue in its nonconforming state,
provided all other provisions of this ordinance, and all other applicable City ordinances
and building codes are met, and provided the building permit is obtained within sixty (60)
days from the date the tower was damaged or destroyed, and completion of repairs to or
replacement of the tower is completed within ninety (90) days of issuance of the building
permit. Otherwise, the tower shall be deemed to be abandoned, and shall fall under the
provisions of the Abandoned Towers section of this ordinance.
10-32-18: ABANDONED TOWERS.
(A) In the event a tower contains no licensed antenna for a period of six (6) months the tower
shall be considered abandoned and all regulations governing abandoned towers shall
apply.
(B) At such time the tower owner plans to abandon or discontinue operation of a wireless
communication facility, the owner shall notify the City by first-class US mail of the
proposed date of abandonment or discontinuation of operations. Such notice shall be
given no less than thirty (30) days prior to abandonment or discontinuation of operations.
In the event that a tower owner fails to give such notice the tower shall be considered
abandoned on the date the City becomes aware of said abandonment.
(C) The tower owner shall remove the tower and all components of the tower use no later
than ninety (90) days after the date of abandonment or discontinuation, properly disposing
of all waste materials from the site in accordance with local and state solid waste disposal
regulation, and restore the location to its before use state, landscaping and grading
excepted. Removal shall include, but not be limited to, removal of antennas, support
structures, equipment enclosures and security barriers from the subject property.
(D) If a tower owner fails to remove the wireless communication facility in accordance with
this section, the City may cause the facility to be removed and all expenses of removal,
disposal and restoration shall be paid by the current owner of record of the property
where the facility is located. In the event the City is required to take this step a property
lien shall be placed on the property until such time as the property owner satisfies all
costs incurred by the City including any attorney fees related to the abandonment of the
facility.
10-32-19: CONDITIONAL USE PERMIT REQUIRED: No new tower shall be allowed within
the City without a conditional use permit. Conditional use permit applications shall follow the
procedure in place for public hearings at the time of the request with the following additions:
Page 17 of 20 COMMUNICATION TOWERS AND ANTENNAS REVISED 10-6-22
(A) At the public hearing a determination shall be made to the number of co-location
antennas that shall be required on any permitted tower.
(B) For a type 3 tower, starting three calendar days prior to the Planning and Zoning public
hearing, continuing through the day of the Planning and Zoning meeting; the applicant will
float a balloon of the standard size used in aerial line of site surveys, such that the top of
the balloon is at the same height as the highest point of the proposed tower, including any
item that may be attached to the tower (lightning rod, etc.). This balloon shall be removed
each night and replaced each morning no later than 8:00 AM on each day required.
Notice shall be visibly posted at the site, and all public notices announcing the public
hearing for the tower will include language explaining the balloon placement dates and
times. The Planning and Zoning Commission shall make a recommendation in regards to
the requested site location, number of antennas to be allowed and any additional
requirements of the conditional use permit to the City Council.
(C) Each application for a tower conditional use permit shall contain the following items:
1. The name and contact information for the current owner of record for the
property.
2. A notarized copy of the current lease with the property owner of record at the
time the submission is made.
3. A map showing the location and noting the height, design, and if applicable, type
of all existing towers, and all approved but not yet constructed towers, both in
and within one mile of the City of Ammon and its impact area, and must also
show on this map which of these towers are or will be used by the applicant, and
where the applicant proposes to locate any new towers. The City of Ammon will
provide to the applicant, the location of approved but not yet constructed towers.
4. A statement indicating the number of co-located antennas that can be supported
as part of the tower conditional use permit.
5. A statement of the current Idaho market rate for co-location fees.
6. A site plan showing the location of the tower in relation to setbacks as required
by this ordinance. This site plan shall contain the placement of the required
support equipment building. The site must provide enough area to meet the
requirements for the size of building required for the maximum number of co-
located antennas identified in item 4 above.
7. If the conditional use is approved, a business license must be applied for prior to
the issuance of the conditional use permit.
(D) No decision made by the City may:
1. Prohibit or have the effect of prohibiting the provision of a particular type of
wireless service;
Page 18 of 20 COMMUNICATION TOWERS AND ANTENNAS REVISED 10-6-22
2. Unreasonably discriminate among wireless service providers competing with one
another;
3. Deny a request or impose any provisions which would require stricter emission
standards than those imposed by the FCC.
(E) If substantial construction of a tower facility has not begun within six (6) months of
issuance of the conditional use permit, the conditional use permit becomes null and void.
(F) When a Conditional Use Permit is granted, the continuation of that permit is conditioned
on compliance with all terms of this chapter as well as any requirements set forth by the
City Code in other Titles of the City Code included but not limited to business licensing.
Failure to comply with City Code requirements may result in the termination of a
conditional use permit requiring removal of the tower as set forth in section 10-32-18 of
this chapter.
10-32-20: BUSINESS LICENSE. All towers must be licensed annually meeting the
requirements of the business licensing section of the City Code. At the time of business license
renewal there shall be a staff review of the renewal application. Staff shall consider the current
condition and maintenance of the tower and tower site. The renewal of both the conditional use
permit and business license shall be approved only after maintenance or repair items have been
completed as required by staff. An appeal of the City Staff determination shall be directed to the
City Council within a reasonable timeframe after receipt in writing of a request for appeal. The
following items shall be submitted on an annual basis with the business license renewal
application:
(A) The name of the current owner of the tower.
(B) The name of a contact person designated by the tower owner to address issues in
regards to the tower.
(C) The name and contact information of all antenna owners located on the tower.
(D) Current FCC licensing documents extending to a period no less than the expiration date
of the business license being requested for renewal.
(E) Certificate of insurance of liability showing coverage for the tower and all its associated
facilities.
(F) The name and contact information of all backhaul networks serving the tower.
(G) The name and contact information of the current property owner of record of the site that
the tower is located on.
Page 19 of 20 COMMUNICATION TOWERS AND ANTENNAS REVISED 10-6-22
10-32-21: BUSINESS LICENSE FEES. The fees for towers and antennas shall be
established by resolution of the City Council, which may be amended and modified from time to
time by resolution.
(A) Business license tower and antenna fees shall be paid by the tower owner on an annual
basis.
(B) Fees must be paid annually prior to the expiration of the current business license.
(C) New tower and antenna fees must be paid prior to or at the time of application for a
building permit for construction of a tower or antenna.
10-32-22: PROPERTY OWNER RESPONSIBLE: It shall be the responsibility of the
property owner of record of any tower site within the City of Ammon to maintain a current
contact with the tower owner. In event of default by the tower owner for business license fees
the current property owner of record shall be billed. In the event of non-payment, the FCC shall
be notified that the current tower/antenna(s) are out of compliance with the City of Ammon
licensing procedures and a request for non-renewal of the FCC license to operate shall be sent
to the FCC.
10-32-23: PENALTY. Any violation of the provisions of this chapter shall be deemed to be
a misdemeanor subject to penalties prescribed for such violations under section 1-4-1 of this
code.
Page 20 of 20 COMMUNICATION TOWERS AND ANTENNAS REVISED 10-6-22