Cell tower moratorium adopted
—Photo by MARY MALONE Sandpoint City Council members voted Wednesday to impose a 180-day moratorium on permits for new telecommunications towers within city limits in order to update land use codes.
SANDPOINT — Telecommunications towers come in all shapes and sizes, said city planning and economic director Aaron Qualls.
With applications pending for the construction of new towers in city limits, City Council members voted Wednesday to approve an interim ordinance imposing a 180-day moratorium on permits for telecommunications towers.
"Our current problem is that we do not have a good method in the City Code to deal with them," Qualls told the council members during Wednesday's meeting. "In fact, some sections of code may even exempt tower requirements altogether."
Qualls said the goal of the 180-day moratorium is to allow him to update land use codes, maximize community benefits, mitigate the impacts on the community and involve the community and wireless industry.
Height variance is the main reference in the current code and depends on the zone, such as commercial or residential zones, but some areas are exempt from height requirements. He said the Telecommunications Act of 1996 gives the city the right to regulate the placement, construction and modification of personal wireless service facilities.
Emerging technologies such as 5G and greater demands for wireless data are creating the need for additional towers in the area, Qualls said.
As he flipped through PowerPoint slides revealing photos of towers constructed on existing structures such as light posts, flag poles and trees, Qualls discussed public welfare. He referenced a 1954 United States Supreme Court case
"In the opinion it gave some clarity as to what public welfare is," Qualls said. "Spiritual as well as physical, aesthetic as well as monetary."
The opinion also states it is "within the power of the legislature to determine that the community should be beautiful as well as healthy, spacious as well as clean." Qualls said in the case of telecommunications towers, aesthetics, view sheds and property values would therefore fall under public welfare.
Councilwoman Deb Ruehle said she recently went through Boise where she saw a tower similar to one of the photos of a tree Qualls displayed, and said it "really changed the feel" as she drove through the neighborhood.
"I do think there is a definite welfare issue," Ruehle said.
"Sandpoint was voted one of the best towns and every other award that we've gotten, and if we were to become blighted with multiple cellphone towers I think it would affect that image and the reasons that people live and come here."