HomeMy Public PortalAboutOrd. 987 MCC Title 3 Addition - Wireless Communication FacilitiesORDINANCE NO. 987
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO ENACTING
CHAPTER 19, WIRELESS COMMUNICATION FACILITIES, TO TITLE 3, PLANNING AND
ZONING, OF THE McCALL CITY CODE, TO PROVIDE FOR THE PLACEMENT, DESIGN
AND OPERATION OF WIRELESS COMMUNICATION FACILITIES CONSISTENT WITH
THE McCALL AREA COMPREHENSIVE PLAN, PROMOTING THE SHARING OF
FACILITIES, THE EFFICIENT USE OF LAND, AND ASSURING COMPATIBILITY WITH
ADJACENT AND NEARVY LAND USE. AMENDING, ENACTING, OR DELETING THE
FOLLOWING SECTIONS OF TITLE 3, PLANNING AND ZONING, OF THE MCCALL CITY
CODE, TO -WIT: SECTION 3.2.02, MEANINGS OF TERMS OR WORDS, TO ADD
DEFINITIONS FOR ANTENNA, PRIVATE; ANTENNA, PUBLIC ANTENNA;, WIRELESS
COLLOCATION; DECORATIVE POLE; PUBLIC RIGHT OF WAY; WIRELESS
TELECOMMUNICATION FACILITY, MAJOR; WIRELESS COMMUNICATION FACILITY,
SMALL SCALE; AND SECTIONS 3.3.02, 3.4.02, 3.5.02, 3.5.05, 3.6.02 USE REGULATIONS
FOR RESIDENTIAL, COMMERICAL, INDUSTRIAL AND BUSINESS PARK AND PUBLIC
USES, TO AMEND THE CATEGORY OF TOWER OR ANTENNA STRUCTURE,
PRIVATE TO ANTENNA, PRIVATE; TO DELETE TOWER OR ANTENNA STRUCTURE,
COMMERCIAL; AND TO ADD ANTENNA, PUBLIC; SMALL SCALE WIRELESS
COMMUNICATION FACILITY; AND MAJOR WIRELESS COMMUNICATION FACILITY.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF McCALL, IDAHO:
Section 1: That there is hereby ENACTED A NEW ORDINANCE, Chapter 19,
Wireless Communication Facilities, to Title 3, Planning and Zoning, of the McCall City Code, to -
wit:
See Exhibit "A" attached hereto and, by this reference, incorporated
herein as if set forth in full.
Section 2: All ordinances, resolutions, orders or parts thereof in conflict herewith are
hereby repealed, rescinded and annulled.
Section 3. Validity: The McCall City Council hereby declares that any section,
paragraph, sentence or word of this ordinance as adopted and amended herein be declared for any
reason to be invalid, it is the intent of the McCall City Council that it would have passed all other
portions of this ordinance independent of the elimination herefrom of any portion as may be
declared invalid.
Section 4. Savings Clause: This ordinance does not affect an action or proceeding
commenced or right accrued before this ordinance takes effect.
Section 5. Date of Effect: This ordinance shall be in full force and effect after its
passage, approval and publication, according to law.
Page 1 of 13
Ord. 987 Title 3 Wireless Communication Facilities Code Update
April 9, 2020
PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
VALLEY COUNTY, IDAHO, THIS 9 DAY OF APRIL 2020.
•
Approved:
ocCAL4.,,
M By
9O' Robert S. Giles, Mayor
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115 *
Attest:•
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sic
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B 4,
i ••%A,,_ ,off,
BessieJo %f.gner, Ci Clerk
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Page 2 of 13
Ord.987 Title 3 Wireless Communication Facilities Code Update
April 9,2020
ATTACHMENT A
CHAPTER 19
WIRELESS COMMUNICATION FACILITIES
3.19.01: PURPOSE:
3.19.02: GENERAL LOCATIONS:
3.19.03: DEVELOPMENT STANDARDS:
3.19.04: PROHIBITIONS:
3.19.05: PERMITS AND APPLICATIONS:
3.19.06: OPERATION, MODIFICATION AND ABANDONMENT:
3.19.01: PURPOSE:
(A) Title: This chapter shall be known as the WIRELESS COMMUNICATION FACILITIES
ORDINANCE.
(B) Purpose: The purpose of this Chapter is to ensure that the placement, design and operation of
wireless communication facilities are consistent with the goal of the McCall Area
Comprehensive Plan to ensure a broad range of communications services, while promoting the
sharing of facilities and the efficient use of land; minimizing the use of towers; avoiding
conflict with other public facilities and utilities; and assuring compatibility with adjacent and
nearby land use. This chapter establishes standards for wireless communication facilities in
order to accomplish the following:
1. To Identify appropriate locations for wireless communication facilities with preference
given to appropriate public locations.
2. To identify criteria for the placement of camouflaged facilities on existing structures and
existing utility poles, camera standards, and sign structures and such structures that may be
enlarged to accommodate wireless antennas in public rights-of-way and on public
properties.
3. To encourage shared use (collocation) of new wireless communication facilities and limit
locations to key areas in the McCall Area.
4. To recognize that, because of the need to have wireless communication facilities that are
compatible with surrounding areas,optimal coverage may not be feasible for every wireless
service at every location in the McCall Area.
5. To screen and camouflage wireless communication poles to reduce visual impact.
(C) Applicability:
Page 3 of 13
Ord. 987 Title 3 Wireless Communication Facilities Code Update
April 9,2020
1. The provisions of this Chapter apply to all wireless communication facilities existing,
proposed, or modified located within the McCall Area, on public or privately-owned land
or within the public right of way.
2. Exclusions: These provisions and criteria do not apply to non-commercial satellite dish
antennae, radio and television transmitters and antennae, and facilities incidental only to
residential use. See section 3.8.08 for provisions for these antennas.
3.19.02: GENERAL LOCATIONS:
(A) Preference Locations:
1. Wireless communication facilities should be located within public zoning districts
whenever feasible and appropriate.
2. Wireless communication facilities should be located on existing nonresidential buildings
and existing utility poles or monopoles.
3. Major wireless communication facilities should be located at least one thousand feet
•
(1000')in distance from schools,child daycare centers,hospitals,and residential structures.
4. Where facilities can be consolidated onto a site and meet the standards of this chapter, such
collocation is encouraged.
(B) Zoning District Locations:
1. The Use Regulation Tables that appear in this Title 3 for each zoning district identify the
zoning districts where wireless communication facilities are allowed through an
administrative or conditional use permit.
2. Major wireless communication facilities are not allowed in any Shoreline and Scenic Route
Overlay Districts.
(C) Public Right-of-Way Locations:
1. Small scaled wireless communication facilities are allowed within the public right of way
with a preference for mid-block over intersection locations.
2. Major wireless communication facilities are allowed in the public-right-of-way adjacent to
the CC, I, AF, CV, and AP zoning districts.
3.19.03: DEVELOPMENT STANDARDS:
(A) Dimensional Standards: Wireless communication facilities shall comply with all dimensional
requirements for structures within the applicable zoning district, except as allowed through the
conditional use permit, and including additional provisions as set forth in paragraphs 1 and 2
below.
1. Additional setback provisions are as followed:
Page 4 of 13
Ord.987 Title 3 Wireless Communication Facilities Code Update
April 9,2020
a. There are no setback requirements for small scale wireless communication facilities
installed on utility, street or light poles.
b. The maximum projection for a wireless communication facility attached to a building
façade is eighteen inches (18").
c. Facilities attached to a building roof shall be setback a distance equal to the facility
height or ten feet (10') from the building roof edge, whichever is more.
d. Setbacks for monopoles shall be 125%of the tower height as measured from the ground
level and from the base of the pole to the property line of the parcel on which it is
located.
2. Additional height provisions are as follows:
a. Roof attached facilities shall not exceed five feet (5') above the highest portion of the
roof, except for the wireless antenna and support system for whip antennas shall not
exceed ten (10) feet above the highest portion of the roof.
b. Facade attached facilities shall not exceed five feet (5') above the facade to which it is
attached.
c. Utility, street or light pole attached facilities shall not extend more than six feet (6')
•
above the existing pole.
(B) Small scale wireless communication facilities shall meet the following dimensional
requirements:
1. Each wireless antenna shall fit within an enclosure of no more than three (3) cubic feet in
volume.
2. All other wireless equipment associated with the antenna, cumulatively exceeds no more
than twenty-eight (28) cubic feet in volume.
3. The height of the pole, including the small-scale wireless facility, shall not exceed the
height allowed in the zoning district where the pole is located.
(C) Stealth Design: Wireless communication facilities shall be designed to visually and
operationally blend into the surrounding area, in a manner compatible with the local
community character by following these requirements:
1. If used, any noise generating equipment shall not emit more than 50 decibels.
2. All mono poles shall be designed as a "mono-pine" that resembles a pine tree with the
following design:
a. The monopine branches shall begin above vertical grade and continue to the top of
the structure and have a branch density that matches the surrounding trees.
b. All branches shall be arranged in natural order with the widest branches at the
lowest portion of the monopine tapering to the shortest branches at the top of the
monopine.
c. Wireless antennas shall be mounted within the foliage of the monopine and all
branches at the height of the antennas shall extend beyond the panels and mounting
hardware.
Page 5 of 13
Ord. 987 Title 3 Wireless Communication Facilities Code Update
April 9,2020
d. All wireless antennas shall have camouflaged foliage covers with needles and
branches to provide maximum camouflage.
e. The center structure shall be painted a brown color or textured to match the existing
trees. The color of the needles shall be complimentary to the surrounding
vegetation.
3. Small scale wireless communication antennas mounted on buildings shall blend with the
existing building's architecture by painting or shielding with material which is consistent
{
with the design features and materials of the building.
4. Small scale wireless communication antennas located on street poles shall be either fully
concealed within the street pole or camouflaged to appear to be an integrated part of the
street pole. An antenna not flush mounted on the side of the street pole shall be centered
on the top of the street pole to which it is attached and camouflaged or disguised.
(D) Location Standards:
1. Any stand-alone small-scale wireless facility shall not block windows, primary walkways,
or any building entrances, and shall be located to ensure proper sight distance for both
vehicles and pedestrians.
2. When located within a city right-of-way, wireless communication facilities shall not
impede existing and future facilities, including sidewalks, stormwater infrastructure, water
infrastructure, and electric infrastructure, and other infrastructure included in adopted city
plans.
3. Major wireless communication facilities shall be located on sites within stands of trees to
blend in with the natural surroundings.
(E) Screening: All accessory equipment shall be screened from adjacent properties to be
compatible with the surrounding built and/or manmade surroundings, including by locating the
equipment within a structure or enclosure with, parapet walls, screen walls, fencing,
landscaping and/or berming.
(F) Landscaping: All major wireless communication facilities shall provide a landscape plan for
approval through the design review process. Landscaping shall comply with the following
requirements:
1. Impacts to existing mature landscaping shall be minimized and if required to be removed,
replacement shall be provided of equivalent species and size at maturity.
2. Landscaping shall be sufficient to screen the above ground support structures and
associated equipment from public view.
3. The landscape plan shall identify the location of landscaping to be removed and that to be
planted by species and size, and the landscaping planned to buffer and screen the site.
Page 6 of 13
Ord. 987 Title 3 Wireless Communication Facilities Code Update
April 9,2020
(G) Structural Integrity: All installations of wireless communication facilities, free-standing, as an
addition to an existing pole or on a building, shall demonstrate that the installation is
engineered to maintain structural integrity.
3.19.04: PROHIBITIONS:
(A) Towers, typically consisting of a structure with three (3) or four (4) support legs, and lattice
work for lateral support, shall be prohibited.
(B) No freestanding wireless communication facilities, including equipment enclosures shall be
{ located between the face of a habitable building and a public street, trail, or park.
(C)No wireless communication equipment shall be mounted on any decorative pole.
3.19.05: PERMITS AND APPLICATIONS:
(A) Major wireless communication facilities proposed in all zoning districts shall require design
review approval as set forth in Chapter 16 DESIGN REVIEW of this Title.
(B)Major Wireless communication facilities proposed in all zoning districts shall require approval
of a conditional use permit as set forth in Chapter 3.13.03 CONDITIONAL USE PERMIT of
this Title. In addition to the application requirements set forth in Chapter 13.13.032, the
following submittals are required:
1. A description of the location,type, capacity,field strength or power density, and calculated
geographic service area of the proposed wireless antenna or antenna array. In instances of
applications that generate public controversy, the city retains the right to retain experts, at
the applicant's expense, to review and assess the technical data.
2. Documentation that the applicant has obtained and follows all applicable licenses, permits
or authorizations required by the Federal Communications Commission.
3. Location of all existing, proposed and anticipated wireless communication facilities in the
applicant's network located in the city, or within one mile of the city limits,in any direction.
4. A description of how the proposed facility fits into, and is a necessary part of, the
applicant's network.
5. If the proposal does not include collocation, written documentation of all efforts made to
collocate at another site, and a justification for the decision not to collocate.
6. In the instance where a facility is proposed within one thousand feet (1000') of any school,
child daycare center, hospital or residential dwelling, the applicant shall submit a narrative
description of alternative sites considered, if any, and include specific reasons these
alternative sites were deemed infeasible.
7. Documentation of the potential for any interference with the city or any Public Safety
wireless communication systems.
Page 7 of 13
Ord. 987 Title 3 Wireless Communication Facilities Code Update
April 9,2020
(C)All wireless communication facilities proposed for location within the public right of way shall
obtain a public works permit from the City Public Work's Department.
3.19.06: OPERATION, MODIFICATION AND ABANDONMENT:
(A)Lighting: All lighting shall comply with the provisions of Chapter 14 OUTDOOR LIGHTING
of this Title. Security lighting shall be kept to a minimum and should only be triggered by a
motion detector where practical.
(B) Maintenance: All facilities, landscaping, and related equipment shall be maintained in a safe
and responsible working order and free from trash, debris, graffiti and designed to discourage
vandalism. Stealth design features, including color and camouflage, shall also be maintained.
Any damaged equipment shall be repaired or replaced within thirty (30) calendar days.
Damaged, dead or decaying plant materials shall be removed and replaced within thirty (30)
calendar days.
(C) Modifications:
1. Modifications, including colocation of new equipment, or the removal or replacement of
equipment that does not substantially change the physical dimensions of the facility are
allowed up to 10% of any dimensional standard set forth in Section 3.19.03.
2. Any modification that effect existing elements of the design intended to conceal the facility
or does not comply with the Findings of Fact, Conclusions of Law or conditions of the
decision on the original application shall require a modification approval of the conditional
use permit.
(D) Abandonment: Any facility that ceases operating for more than ninety (90) consecutive days
shall be considered abandoned. In such an event, the applicant must either: a) apply for all
permits required at the time of expiration to reactivate the operation; or b) remove all elements
of the facility and restore the site. In the event the applicant fails to apply for permits or perform
the removal and restoration within these ninety (90) days, the property owner shall have the
facility removed.
Page 8 of 13
Ord. 987 Title 3 Wireless Communication Facilities Code Update
April 9,2020
ti
AMENDMENTS TO CHAPTER 2
DEFINITIONS
3.2.02 MEANINGS OF TERMS OR WORDS:
ANTENNA, PRIVATE Any system of wires, poles, rods, reflecting discs or similar devices used
for the transmission or reception, or both, of electromagnetic radiation waves, or antenna used to
receive or transmit radio or television signals from orbiting communication satellites for the private
use of the property where the antenna is located.
ANTENNA, PUBLIC Any system of wires, poles, rods, reflecting discs or similar devices used
for the transmission or reception, or both, of electromagnetic radiation waves, or antenna used to
receive or transmit radio or television signals from orbiting communication satellites for the use
by public agencies.
ANTENNA, WIRELESS: Communications equipment that transmits and/or receives over-the-air
electromagnetic signals used in the provision of Wireless Services. This definition does not apply
to broadcast antennas, antennas designed for amateur radio use, or satellite dishes for residential
or household purposes.
COLLOCATION: The use of a common wireless communication facility or common site by two
(2) or more service applicants or use by one applicant of a single site for two (2) or more
technologies. It is also called site sharing.
DECORATIVE POLE: a pole that is specially designed and placed for creating a sense of place
or identity to a specific location, such as in the downtown and around parks.
PUBLIC RIGHT OF WAY: Land dedicated or reserved for use as a public way, which normally
includes streets, alleys, open spaces, sidewalks, trails, and other public utilities or service areas.
WIRELESS TELECOMMUNICATION FACILITY, MAJOR: A steel monopole or similar
structures including wireless antenna equipment such as transmitters,repeaters,microwave dishes,
horns, and other types of equipment for the transmission or receipt of such signals, as well as
ground support structures, equipment buildings and parking areas.
WIRELESS COMMUNICATION FACILITY, SMALL SCALE: Antennas and equipment
required for the operation and maintenance of small cells, fixed wireless antennas and including
Distributed Antenna Systems (DAS) typically installed on utility, traffic light and signal poles in
the public right-of-way.
Page 9 of 13
Ord. 987 Title 3 Wireless Communication Facilities Code Update
April 9,2020
AMENDMENTS TO CHAPTER 3
RESIDENTIAL ZONES AND STANDARDS
TABLE 3.3.02
PERMITTED AND CONDITIONALLY PERMITTED USES
WITHIN RESIDENTIAL ZONES
Allowed Use RR RE R1 j R4 R8 R16
Tower or Antenna, Private GP GP GP C-P ! C C
Antenna, Public —__ — A A A A A A
Wireless Communication Facility, Major C C C C
Wireless Communication Facility, small scale A A A 1 A A A
Page 10 of 13
Ord. 987 Title 3 Wireless Communication Facilities Code Update
April 9,2020
AMENDMENTS TO CHAPTER 4
COMMERCIAL ZONES AND STANDARDS
TABLE 3.4.02
PERMITTED AND CONDITIONALLY PERMITTED USES
WITHIN COMMERCIAL ZONES
Allowed Use 'NC I CC CBD §'
Tower or antenna structure, commercial E- C G
Tower or Antenna structure, private A A C
Antenna, Public A A A
Wireless Communication Facility, Major C C C
Wireless Communication Facility, small scale h A A A
Page 11 of 13
Ord. 987 Title 3 Wireless Communication Facilities Code Update
April 9,2020
AMENDMENTS TO CHAPTER 5
INDUSTRIAL AND BUSINESS PARK ZONES AND STANDARDS
TABLE 3.5.02
PERMITTED AND CONDITIONALLY PERMITTED USES
WITHIN THE INDUSTRIAL ZONE
Allowed Use I
Antenna, Public A
Wireless Communication Facility, Major C
Wireless Communication Facility, small scale A
Table 3.5.05
PERMITTED AND CONDITIONALLY PERMITTED USES
WITHIN BUSINESS PARK ZONES
Allowed Use BP-Exterior BP-Interior
Tower or antenna structure - C
Wireless Communication Facility, Major
Page 12 of 13
Ord. 987 Title 3 Wireless Communication Facilities Code Update
April 9,2020
AMENDMENTS TO CHAPTER 6
PUBLIC (AGRICULTURE/FOREST, CIVIC AND AIRPORT) ZONES AND
STANDARDS
TABLE 3.6.02
PERMITTED AND CONDITIONALLY PERMITTED USES
WITHIN PUBLIC ZONES
Allowed Use AF CV AP
Tower or antenna structure, commercial
Tower or Antenna, structure, private A A C
Antenna, Public A A A
Wireless Communication Facility, Major C C C
Wireless Communication Facility, small scale A A A
}
Page 13 of 13
Ord.987 Title 3 Wireless Communication Facilities Code Update
April 9,2020
A SUMMARY OF ORDINANCE NO. 987
PASSED BY THE CITY OF McCALL, IDAHO
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO ENACTING
CHAPTER 19, WIRELESS COMMUNICATION FACILITIES, TO TITLE 3, PLANNING AND
ZONING, OF THE McCALL CITY CODE, TO PROVIDE FOR THE PLACEMENT, DESIGN
AND OPERATION OF WIRELESS COMMUNICATION FACILITIES CONSISTENT WITH
THE McCALL AREA COMPREHENSIVE PLAN, PROMOTING THE SHARING OF
FACILITIES, THE EFFICIENT USE OF LAND, AND ASSURING COMPATIBILITY WITH
ADJACENT AND NEARBY LAND USE. AMENDING, ENACTING, OR DELETING THE
FOLLOWING SECTIONS OF TITLE 3, PLANNING AND ZONING, OF THE MCCALL CITY
CODE, TO-WIT: SECTION 3.2.02, MEANINGS OF TERMS OR WORDS, TO ADD
DEFINITIONS FOR ANTENNA, PRIVATE; ANTENNA, PUBLIC ANTENNA;, WIRELESS
COLLOCATION; DECORATIVE POLE; PUBLIC RIGHT OF WAY; WIRELESS
TELECOMMUNICATION FACILITY,MAJOR; WIRELESS COMMUNICATION FACILITY,
SMALL SCALE; AND SECTIONS 3.3.02, 3.4.02, 3.5.02, 3.5.05, 3.6.02 USE REGULATIONS
FOR RESIDENTIAL, COMMERICAL, INDUSTRIAL AND BUSINESS PARK AND PUBLIC
USES, TO AMEND THE CATEGORY OF TOWER OR ANTENNA STRUCTURE,
PRIVATE TO ANTENNA, PRIVATE; TO DELETE TOWER OR ANTENNA STRUCTURE,
COMMERCIAL; AND TO ADD ANTENNA, PUBLIC; SMALL SCALE WIRELESS
COMMUNICATION FACILITY; AND MAJOR WIRELESS COMMUNICATION FACILITY.
The principal provisions of the Ordinance
• Enact Section 3.19.01 PURPOSE stating the purpose of the ordinance is derived from the
McCall Area Comprehensive Plan to ensure that communications services are provided in
a manner that is compatible with the community character. Paragraph (B) 1 was amended
to include the adjective, "appropriate" public locations.
• Enact Section 3.19.02 GENERAL LOCATIONS to identify the preferred locations for both
major and small scaled wireless communication facilities; references the use tables for
where facilities are allowed by zoning districts; prohibits facilities in the shoreline and
scenic route overlay districts; and identifies where facilities are allowed in the public right
of ways. The heading of this section was changed from"Location"to "General Locations"
to distinguish it from locational standards that appear in the next section, Development
Standards. The preference for locations in public zones was qualified to be as "where
feasible and appropriate".
• Enact Section 3.19.03 Development Standards to establish dimensional standards for both
major and small scaled facilities, including associated equipment in the various locations
where the facilities could be located: utility and light standards,building facades and roofs,
and standalone monopoles. Standards are for height, projections, overall volume and
setbacks. For monopoles, stealth design standards are required based on conditions of
approval previously approved by the City. Location standards are also established to
protect private property entrances, site distances and to ensure compatibility with both
natural and built environments. "The color of the needles shall be complimentary to the
Page 1 of 2
Ordinance 987 Summary
April 23,2020
surrounding vegetation" was added to section (C) 2.e. A new provision (G) was added to
require that structural integrity be maintained in any installation.
• Enact Section 3.19.04 Prohibitions which include: no towers with supporting legs or lattice;
no locations of facilities between a habitable structure and a public street,trail,or park, and
no use of decorative poles for facilities.
• Enact Section 3.19.05 Permits and Applications providing that design review is required
for all installations and a conditional use permit for major facilities. For locations within
the public right of way, a right of way permit is required from the Public Works
Department.
• Enact Section 3.19.06 Operation, Modification and Abandonment setting standards for
how these facilities should be operated and maintained including lighting, maintenance,
modifications, and conditions for abandonment. "Stealth design features, including color
and camouflage, shall also be maintained" was added to paragraph (B).
• Amend Section 3.2.02 MEANINGS OF TERMS OR WORDS adding new definitions for
terms used in the new wireless communication regulations.
• Amend the Use Charts in Sections 3.3.02, 3.4.02, 3.5.02, 3.5.05 and 3.6.02 to add the
categories: "wireless communication facility, major and minor" and revised and added
categories of"antennas, private and public".
The Ordinance contains sections for conflict repeal, validity and a savings clause.
The Ordinance shall take effect upon its passage, approval, and publication according to law.
The full text of the Ordinance is available for review at City Hall and will be provided by the City
Clerk to any citizen upon personal request, or can be viewed on the City website at
www.mccall.id.us.
APPROVED BY THE COUNCIL OF THE CITY OF McCall, IDAHO, THIS 23 DAY OF APRIL
2020.
,` Approved:
:v = y '( SE4
� L J 0r Robert S. Giles, Mayor
ATTEST: .�C'„4 .4»...•�' O
By 9614i M/ka
BessieJo Wa er, City Cle
Page 2 of 2
Ordinance 987 Summary
April 23,2020
ORDINANCE SUMMARY CERTIFICATION
Ordinance No. 987
Certification of City Legal Advisor
of the Summary prepared
for the above-numbered Ordinance
I, William F. Nichols, City Attorney for the city of McCall, Idaho, hereby declare and certify that
in my capacity as City Attorney of the city of McCall, pursuant to Idaho Code Section 50-901A(3)
of the Idaho Code as amended, I have reviewed a copy of the above Summary of Ordinance, have
found the same to be true and complete, and said Summary of Ordinance provides adequate notice
to the public of the contents, including the exhibits, of Ordinance No. 987.
DATED this 23rd day of April 2020.
__________________________________________
William F. Nichols, City Attorney
McCall, Idaho
DocuSign Envelope ID: 32693F57-97DA-456C-A229-31132681AF2E
Publisher’s Affidavit of Publication
STATE OF IDAHO
County of Valley }.ss
}
I, Tricia Warren, being duly sworn and say, I am the office manager of
The Star-News, a weekly newspaper published at McCall, in the County of Val-
ley, State of Idaho; that said newspaper is in general circulation in the county
of afore said and is a legal newspaper; that the PUBLIC NOTICE, a copy of
which is enclosed hereto and is a part hereof, was published in said newspaper
once a week for a period of one week in the regular and entire issue of every
number there of during the period of time of publication, and was published in
the newspaper proper and not in a supplement; and that publication of such
notice began April 30, 2020 and ended April 30, 2020.
_______________________________________
Subscribed and sworn before me this the 30th day of April, 2020.
STATE OF IDAHO
COUNTY OF VALLEY
On this 30th day of April in the year of 2020, before me, a Notary
Public, personally appeared Tricia Warren, known or identified to me to be the
person whose name subscribed to the within instrument, and being by me first
duly sworn, declared that the statements therein are true, and acknowledged to
me that she executed the same.
________________________________________
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires 1/19/2024
A SUMMARY OF ORDINANCE NO. 987PASSED BY THE CITY OF MCCALL, IDAHOAN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO ENACTING CHAPTER 19, WIRELESS COMMUNICATION FACILITIES, TO TITLE 3, PLANNING AND ZONING, OF THE McCALL CITY CODE, TO PROVIDE FOR THE PLACEMENT, DESIGN AND OPERATION OF WIRELESS COMMUNICATION FACILITIES CONSISTENT WITH THE McCALL AREA COMPREHENSIVE PLAN, PROMOTING THE SHARING OF FACILI-TIES, THE EFFICIENT USE OF LAND, AND ASSURING COMPATIBILITY WITH ADJA-CENT AND NEARBY LAND USE. AMENDING, ENACTING, OR DELETING THE FOLLOW-ING SECTIONS OF TITLE 3, PLANNING AND ZONING, OF THE MCCALL CITY CODE, TO-WIT: SECTION 3.2.02, MEANINGS OF TERMS OR WORDS, TO ADD DEFINITIONS FOR ANTENNA, PRIVATE; ANTENNA, PUBLIC ANTENNA;, WIRELESS COLLOCATION; DECORATIVE POLE; PUBLIC RIGHT OF WAY; WIRELESS TELECOMMUNICATION FA-CILITY, MAJOR; WIRELESS COMMUNICATION FACILITY, SMALL SCALE; AND SEC-TIONS 3.3.02, 3.4.02, 3.5.02, 3.5.05, 3.6.02 USE REGULATIONS FOR RESIDENTIAL, COM-MERICAL, INDUSTRIAL AND BUSINESS PARK AND PUBLIC USES, TO AMEND THE CATEGORY OF TOWER OR ANTENNA STRUCTURE, PRIVATE TO ANTENNA, PRIVATE; TO DELETE TOWER OR ANTENNA STRUCTURE, COMMERCIAL; AND TO ADD AN-TENNA, PUBLIC; SMALL SCALE WIRELESS COMMUNICATION FACILITY; AND MAJOR WIRELESS COMMUNICATION FACILITY. The principal provisions of the Ordinance • Enact Section 3.19.01 PURPOSE stating the purpose of the ordinance is derived from the McCall Area Comprehensive Plan to ensure that communications services are provided in a man-ner that is compatible with the community character. Paragraph (B) 1 was amended to include the adjective, “appropriate” public locations.• Enact Section 3.19.02 GENERAL LOCATIONS to identify the preferred locations for both major and small scaled wireless communication facilities; references the use tables for where facili-ties are allowed by zoning districts; prohibits facilities in the shoreline and scenic route overlay districts; and identifies where facilities are allowed in the public right of ways. The heading of this section was changed from “Location” to “General Locations” to distinguish it from locational standards that appear in the next section, Development Standards. The preference for locations in public zones was qualified to be as “where feasible and appropriate”.• Enact Section 3.19.03 Development Standards to establish dimensional standards for both major and small scaled facilities, including associated equipment in the various locations where the facilities could be located: utility and light standards, building facades and roofs, and standalone monopoles. Standards are for height, projections, overall volume and setbacks. For monopoles, stealth design standards are required based on conditions of approval previously approved by the City. Location standards are also established to protect private property entrances, site distances and to ensure compatibility with both natural and built environments. “The color of the needles shall be complimentary to the surrounding vegetation” was added to section (C) 2.e. A new provision (G) was added to require that structural integrity be maintained in any installation.• Enact Section 3.19.04 Prohibitions which include: no towers with supporting legs or lattice; no locations of facilities between a habitable structure and a public street, trail, or park, and no use of decorative poles for facilities.• Enact Section 3.19.05 Permits and Applications providing that design review is required for all installations and a conditional use permit for major facilities. For locations within the public right of way, a right of way permit is required from the Public Works Department.• Enact Section 3.19.06 Operation, Modification and Abandonment setting standards for how these facilities should be operated and maintained including lighting, maintenance, modifications, and conditions for abandonment. “Stealth design features, including color and camouflage, shall also be maintained” was added to paragraph (B).• Amend Section 3.2.02 MEANINGS OF TERMS OR WORDS adding new definitions for terms used in the new wireless communication regulations.• Amend the Use Charts in Sections 3.3.02, 3.4.02, 3.5.02, 3.5.05 and 3.6.02 to add the cat-egories: “wireless communication facility, major and minor” and revised and added categories of “antennas, private and public”.The Ordinance contains sections for conflict repeal, validity and a savings clause.The Ordinance shall take effect upon its passage, approval, and publication according to law.The full text of the Ordinance is available for review at City Hall and will be provided by the City Clerk to any citizen upon personal request, or can be viewed on the City website at www.mccall.id.us.APPROVED BY THE COUNCIL OF THE CITY OF McCall, IDAHO, THIS 23 DAY OF APRIL 2020.Approved:By: Robert S. Giles, MayorATTEST: By: BessieJo Wagner,City Clerk1tc4/30