Ordinance - 2013 - 672 - Personal Wireless Facilities Code Amendment - 12/10/2013 ORDINANCE 672
AN ORDINANCE AMENDING EAGLE CITY CODE TITLE 8 "ZONING",
CHAPTER 1 "ZONING INTERPRETATION AND DEFINITIONS", SECTION 2
"RULES AND DEFINITIONS", AND CHAPTER 3 "PERFORMANCE
STANDARDS", SECTION 5 "UNIQUE LAND USES", PARAGRAPH S
"PERSONAL WIRELESS FACILITIES, SPIRES, POLES, ANTENNAS, STEEPLES,
TOWERS, AND OTHER SUCH STRUCTURES", AND CHAPTER 2 "ZONING
DISTRICTS AND MAP", SECTION 3 "OFFICIAL SCHEDULE OF DISRICT
REGULATIONS"; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle hereby amends Eagle City Code Title 8 "Zoning",
Chapter 1 "Zoning Interpretation and Definitions", Section 2 "Rules and Definitions"to
change the definition of"Personal Wireless Facilities" and "Personal Wireless Facilities
(Within Enclosed Building)";
WHEREAS, the City of Eagle hereby amends Eagle City Code Title 8 "Zoning",
Chapter 3 "Performance Standards", Section 5 "Unique Land Uses", Paragraph S
"Personal Wireless Facilities, Spires, Poles, Antennas, Steeples, Towers, And Other
Such Structures";
WHEREAS, the City of Eagle hereby amends Eagle City Code Title 8 "Zoning"
Chapter 2 "Zoning Districts and Maps", Section 3 "Official Schedule of District
Regulations"to allow "Personal Wireless Facilities (height over 35-feet)" as a
conditional use in specified zones;
WHEREAS, the City of Eagle finds that the uses as described in Section 3
below are in accordance with the general purposes of the Eagle Comprehensive plan and
the Eagle City Code; and
NOW, THEREFORE, BE IT ORDAINED,by the Mayor and City Council of
the City of Eagle, Idaho as follows:
Section 1: That Eagle City Code Section 8-1-2,be, and the same hereby is,
amended with the strike-thru text being deleted and underlined text being added to read
as follows:
PERSONAL WIRELESS FACILITIES: Facilities necessary for the provision of
° ona wireless service@ Personal Wireless Services (i.e., towers, support buildings,
etc.).
PERSONAL WIRELESS FACILITIES (WITHIN ENCLOSED BUILDING):
Facilities necessary for the provision of Personal Wireless
Services (i.e., antennas)that are located within a building or on a building and screened
from view.
Page 1 of 9
Section 2: That Eagle City Code Section 8-3-5 (S),be, and the same hereby
is, amended with the strike-thru text being deleted and the underlined text being added
to read as follows:
S. Personal Wireless Facilities, Spires, Poles, Antennas, Steeples, Towers, And Other
Such Structures:
1. Purpose:
a. To accommodate the communication needs of residents and businesses while protecting
the public health, safety, and general welfare of the community, the council finds that
regulations regarding personal wireless facilities, spires,poles, antennas, steeples,
towers, and other such structures are necessary in order to:
(1) Facilitate the provision of wireless telecommunication services to the residents and
businesses of the city;
(2) Minimize adverse visual effects of spires, poles, antennas, steeples, towers, and other
such structures through careful design and sitting standards;
(3)Avoid potential damage to adjacent properties from spire, pole, antenna, steeple, tower,
and other such structures' failure, through structural standards and setback requirements;
and
(4) Maximize the use of existing and approved towers and buildings to accommodate new
wireless telecommunication antennas in order to reduce the number of towers needed to
serve the communityl. (Ord. 294, 5 13 1997)like church steeples, windmills,bell
towers, clock towers, cupolas, light standards, flagpoles, or trees.
2. Towers and Personal Wireless Facilities In Zoning Districts:
a. Central Business District:
Personal Wireless Facilities shall be camouflaged or concealed, not readily identifiable
as such, designed to be aesthetically compatible with existing and proposed uses on the
site in the Central Business District.
b. Mixed Use District:
Personal Wireless Facilities shall be camouflaged or concealed, not readily identifiable
as such, designed to be aesthetically compatible with existing and proposed uses on the
site in the Mixed Use District.
c. Residential (R) Districts:
(1) On residentially zoned parcels, towers supporting amateur radio antennas shall not be
permitted in the front, side or street side yard.
Page 2 of 9
(2) Personal Wireless Facilities • - - . • •_ _. . t: • - - . . .• .•- • .
prohibited shall be camouflaged or concealed, not readily identifiable as such, designed
to be aesthetically compatible with existing and proposed uses on the site in all
residential (R) zones.
d. PS (Public/Semipublic) District:
(1) Personal Wireless Facilities may be permitted to be attached to
existing light standards and power line support devices (or replacement equivalent of
same height)provided, however, the antenna(s) are either flush mounted or mounted in
a manner that provide minimum visual impact. Notwithstanding the foregoing, all
provisions of this subsection S shall be applicable to wireless antennas located on
existing light standards and power line support devices.
2 Personal Wireless Facilities shall be camoufla.ed or concealed not readil identifiable
as such desi u ed to be aestheticall com•atible with existin. and .ro.osed uses on the
site in the Public/Semi.ublic District unless installed in accordance with subsection d 1
above.
3. Collocation Requirements:
a. A proposal for a new -: • • _ _'. • _ _ _ __. . -. _ •-_ _ tower
mounted := : . • _ _ . _' • Personal Wireless Facility in excess of thirty five feet
(35') in height shall not be approved unless the city council finds that the
telecommunications equipment planned for the proposed tower cannot be
accommodated on an existing or approved tower or building within the following radii
of the proposed tower:
(1) A two (2)mile radius for towers with a height over one hundred ten feet(110').
(2) A one mile radius for towers with a height over eighty feet(80')but not more than one
hundred ten feet(110').
(3)A one-half(1/2)mile radius for towers with a height over fifty feet(50')but not more
than eighty feet (80').
(4)A one-quarter(1/4)mile radius for towers with a height over thirty five feet(35')but
not more than fifty feet(50').
b. It shall be the burden of the applicant to demonstrate that the proposed tower or antenna
cannot be accommodated on an approved tower or building within the required search
radius due to one or more of the following reasons:
(1)Unwillingness of another tower or facility owner to entertain shared use.
(2) The proposed collocation of an existing tower or facility would be in violation of any
local, state or federal law.
Page 3 of 9
(3) The planned equipment would exceed the structural capacity of the existing or
approved tower or building, as documented by a qualified and licensed professional
engineer, and the existing or approved tower cannot be reinforced, modified, or replaced
to accommodate planned or equivalent equipment at a reasonable cost.
(4) The planned equipment would cause interference materially impacting the usability of
other existing or planned equipment at the tower or building as documented by a
qualified and licensed professional engineer and the interference cannot be prevented at
a reasonable cost.
(5) Existing or approved towers and buildings within the search radius cannot
accommodate the planned equipment at a height necessary to function reasonably as
documented by a qualified and licensed professional engineer.
(6) Other unforeseen reasons that make it unfeasible to locate the planned
telecommunications equipment upon an existing or approved tower or building as
documented by a qualified and licensed professional engineer, or other professional
qualified to provide necessary documentation.
c. Any proposed commercial wireless telecommunication service tower shall be designed,
structurally, electrically, and in all respects, to accommodate both the applicant's
antennas and comparable antennas for at least two (2) additional users if the tower is
over one hundred ten feet(110') in height, for at least one additional user if the tower is
over fifty feet (50') in height.
d. Towers must be designed to allow for future rearrangement of antennas upon the tower
and to accept antennas mounted at varying heights.
e. Personal wireless facilities proposed at a location which has an approved conditional use
permit (approved after the effective date hereof) for an existing facility which was
required to allow collocation shall not be required to obtain a separate conditional use
permit as long as all the requirements of the previously approved conditional use permit
will be complied with. Design review, and subsequent building permit, will be required
for any such proposal.
4. Tower And Antenna Design Requirements:
a. All :_ . • _ _ . _' • •_ Personal Wireless Facilities shall be required to obtain
design review approval prior to construction.
s. b. Personal wifeless-facility Wireless Facility towers shall be of a monopole design
unless the city council determines that an alternative design would better blend into the
surrounding environment.
Page 4 of 9
c. With the exception of necessary electric and telephone service and connection lines
approved by the issuing authority, no part of any antenna or tower nor any lines, cable,
equipment or wires or braces in connection with either shall at any time extend across or
over any part of the right of way, public street, highway, sidewalk, or property line.
e7 d. Every tower affixed to the ground shall be protected to discourage climbing of the
tower by unauthorized persons. The climbing pegs within the bottom twenty feet(20') of
the tower shall be removed and shall only be used when the tower is being serviced.
e. Metal towers shall be constructed of, or treated with, corrosive resistant material.
g f. Wood poles shall be impregnated with rot resistant substances.
5. Tower Setbacks:
a. Towers shall meet the setbacks of the underlying zoning district with the exception of
industrial zoning districts, where towers may encroach into the rear setback area,
provided that the rear property line abuts another industrially zoned property and the
tower does not encroach upon any easements.
b. The base of the Personal Wireless Facility shall be setback a minimum distance of two
times (2x) the height of the tower from the property line of any residential dwelling.
b. c. If the tower does not exceed the height limitations of the zone in which it is located,
the tower shall meet the setback requirement of the zone except as allowed in subsection
S5a of this section. If the tower exceeds the height limit of the zone in which it is
located, the tower shall be set back one foot(1') for every ten feet(10') in total tower
height. In either case, the tower shall be constructed to the telecommunications industry
association/electronic industries association(TIA/EIA) 222 revision F standard entitled
"Structural Standards for Steel Antenna Supporting Structures" or as hereinafter may be
amended. Otherwise, the tower shall be located a minimum of one foot (1') for each foot
of height from all property lines (the fall zone). No storage or structures other than the
accessory utility buildings, are permitted in the fall zone, except as may be specifically
permitted by the city council through a conditional use process.
d. Towers shall be set back from all existing public right of way lines (or planned right
of way lines if additional is to be acquired in the future)by a minimum distance equal to
twice the height of the tower including all antennas and attachments. If-this-requirement
e. Towers shall not be located between a principal structure and a public street.
f. A tower's setback may be reduced or its location in relation to a public street varied, at
the sole discretion of the city council, to allow the integration of a tower into an existing
or proposed structure such as a church steeple, light standard, power line support device,
or similar structure.
Page 5 of 9
g. If any tower setback requirement conflicts with other setback requirements of this code
the setback with the greater distance shall prevail, except as may be allowed in
subsection S5f of this section.
6. Tower Lighting, Signage, And Attachments:
a. No antenna or tower shall have affixed or attached to it in any way, except during time
of repair or installation, any stationary lights, strobe lights, reflectors, flashers, or other
illuminating device, except as specifically required by the federal aviation
administration, federal communications commission, or other federal or state authority.
b. When incorporated into the approved design of the tower, light fixtures used to
illuminate ball fields,parking lots, or similar areas may be attached to the tower if
approved by the city.
c. The use of any portion of a tower for signs, other than warning or equipment
information signs, is prohibited.
d. No tower shall have constructed thereon, or attached thereto, in any way, any platform,
catwalk, crow's nest, or like structure, except during periods of construction or repair.
7. Amateur Radio Antennas:
a. In accordance with the federal communications commission's preemptive ruling PRB 1,
towers erected for the primary purpose of supporting amateur radio antennas may
exceed thirty feet(30') in height provided that a determination is made by the city that
the proposed tower height is technically necessary to successfully engage in amateur
radio communications. A conditional use permit is required for any amateur radio
antenna in excess of thirty five feet(35').
8. Accessory Utility Buildings:
a. All utility buildings and structures accessory to a tower are required to have design
review approved by the city prior to construction.
9. Abandoned Or Unused Towers Or Portions Of Towers:
a. As a condition of approval of any required conditional use permit for personal wireless
facilities, all abandoned or unused towers and associated facilities shall be required to
be removed within sixty(60) days of cessation of use as a :_ . • _ _ . •
Personal Wireless Facility unless a time extension is granted by the city. A copy of the
relevant portions of a signed lease, which requires the applicant to remove the tower and
associated facilities upon cessation of the use as a := : . • - - . _' • Personal
Wireless Facility, shall be submitted at the time of application. In the event that the
tower and associated facilities are not removed within the sixty(60) days, the tower and
associated facilities may be removed by the city and the costs of removal assessed
against the property.
10. Additional Application Submittal Requirements:
Page 6 of 9
a. In addition to the information required elsewhere in this code, development applications
for personal wireless facilities, shall include the following supplemental information:
(1) Documentation from a qualified and licensed professional engineer showing that the
proposed facility will be in compliance with the FCC standards regarding radio
frequency(RF) emissions.
(2) A report from a qualified and licensed professional engineer which describes the tower
height and design(including a cross section and elevation); documents the height above
grade for all potential mounting positions for collocated antennas and the minimum
separation distances between antennas; describes the tower's capacity, including the
number and type of antennas that it can accommodate; documents what steps the
applicant will take to avoid interference with established public safety
telecommunications; includes an engineer's stamp and registration number; and includes
other information necessary to evaluate the request.
(3) For all personal wireless facilities, a letter of intent committing the tower owner and
his or her successors to allow the shared use of the tower, as required by this code, if an
additional user agrees in writing to meet reasonable terms and conditions for shared use.
(4) Documentation showing that the proposed tower complies with regulations
administered by federal aviation administration.
(5) Written approval of the site location with specific reference to the height of the antenna
structure and any lighting issues, from the federal aviation administration, the chief of
the Idaho bureau of aeronautics, and the Boise airport commission and an aviation
easement approved by the Boise airport commission.
(6) Propagation charts showing existing and proposed transmission coverage at the subject
site and within an area large enough to provide an understanding of why the facility
needs to be in the chosen location.
(7) A written analysis demonstrating that the proposed site is the most appropriate site
within the immediate area. For the purposes of this subsection, the analysis shall include
all properties within the search radii stated above. The analysis shall include,but is not
limited to, the following:
(A) Description of the surrounding area, including topography;
(B)Natural and manmade impediments that would obstruct adequate cellular telephone
transmissions;
(C) Physical site constraints that would preclude construction of a cellular telephone
facility on any other site;
(D) Technical limitations of the system that limit siting options.
11. Permits:
Page 7 of 9
a. It shall be unlawful for any person to erect, construct,re-erect, or replace, any tower
without first making application to the city and securing a building/zoning permit.
b. A building/zoning permit shall not be required for antennas and/or towers erected
temporarily for test purposes, for emergency communication, or for broadcast remote
pick up operations. Temporary antennas shall be permitted for a maximum of seventy
two (72)hours unless specifically approved by the city council.
c. In addition to the findings required and conditions permitted for conditional use permits,
as stated within section 8-7-3 of this title, the city council shall make an additional
finding concerning the duration of the conditional use permit. Upon finding that the
conditional use permit is to be limited in duration, a condition limiting the duration and
the basis for such a condition shall be included within the findings of fact and
conclusions of law for the conditional use permit.
12. Additional Requirements For Notice Of Public Hearing:
a. All := . • _ - . _. • •= Personal Wireless Facilities requiring a conditional use
permit shall comply with the conditional use notice requirements within this code. Nen
camouflaged Tower mounted := . • _ _ . _' • • Personal Wireless Facilities
shall comply with the following additional requirements:
(1) All property owners within one thousand feet(1,000') of all property lines of the site
(or lease boundary lines, if applicable) shall be notified of the public hearing by the city,
by mail, a minimum of fifteen(15) days before the scheduled public hearing. The
applicant will be required to provide the names of the property owners to the city.
_. .' _. . . . '_ •
-- , - • - •- -- - • - •- -- • -, - -- -
-•:.-
13. Restricted Areas:
a. Telecommunications towers in excess of thirty five feet(35') in height shall not be
permitted within the "restricted area for telecommunications towers" as shown on
exhibit A located at the end of this section. However, notwithstanding the forgoing,
Personal Wireless Facilities ma be allowed within the restricted area .rovided the are
camoufla 4 ed or concealed not readil identifiable as such and desi u ed to be
aesthetically compatible with existing and proposed uses within the restricted area.
- - - — - - -- " • - - ,, ,,
". - : - -- -• " 11. :•:: -. . - - . - • _ - - - _ - " "_ _ _ " "1: .. -
- " - . - • - -
,
Page 8 of 9
Section 3: That Eagle City Code Section 8-2-3,be, and the same hereby is,
amended with the underlined text being added to read as follows:
LAND USES _ DISTRICTS
A A-R R-E R L-O C-A C-1 C-2 C-3 CBD M-1 BP M-2 M-3 PS MU
Personal C C C C P P P P P P P P P P P P
Wireless
Facilities
(height-35
feet or less)
LAND USES DISTRICTS
A A-R R-E R L-O C-A C-1 C-2 C-3 CBD M-I BP M-2 M-3 PS _ MU
Personal C C C C C C C C C C C C C C C C
Wireless
Facilities
(height-over
35 feet)
Section 4: The provisions of this ordinance are hereby declared to be
severable and if any provision of this act or the application of such provision to any
person or circumstance is declared invalid for any reason, such declaration shall not
affect the validity of remaining portions of this ordinance.
Section 5: That this Ordinance, or a summary thereof in compliance with
Section 50-901A, Idaho Code, shall be published once in the official newspaper of the
City, and shall take effect immediately upon its passage, approval, and publication.
/1111
Approved and adopted this / day of December, 2013.271.4_4,4)
,,. , 10.
e mes D. Reynolds, M or
0.00e8•••••••,.
ATTEST: '_.•'..,�`l ON•F«q 4\
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I ..% 40,0101 r F '.
.� _� • f .;� ,//�f to : V J
Sharon ' . Bergmann, Eagle City C -rk SEAL
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.
Page 9 of 9
SUMMARY OF
ORDINANCE 672
AN ORDINANCE AMENDING EAGLE CITY CODE TITLE 8 "ZONING",
CHAPTER 1 "ZONING INTERPRETATION AND DEFINITIONS", SECTION 2
"RULES AND DEFINITIONS", AND CHAPTER 3 "PERFORMANCE
STANDARDS", SECTION 5 "UNIQUE LAND USES", PARAGRAPH S
"PERSONAL WIRELESS FACILITIES, SPIRES, POLES, ANTENNAS, STEEPLES,
TOWERS, AND OTHER SUCH STRUCTURES", AND CHAPTER 2 "ZONING
DISTRICTS AND MAP", SECTION 3 "OFFICIAL SCHEDULE OF DISRICT
REGULATIONS"; AND PROVIDING AN EFFECTIVE DATE.
A summary of the principle provisions of Ordinance 672 of the City of Eagle,
Ada County,Idaho, adopted on December10, 2013, is as follows:
Section 1: Amends Eagle City Code Section 8-1-2 by replacing personal
wireless facility with Personal Wireless Facility. The replacement is throughout chapter.
Section 2: Amends Eagle City Code Section 8-3-5(S) as follows:
Section 8-3-5(S)1.a.(4) to state:Maximize the use of existing and approved towers and
buildings to accommodate new wireless telecommunication antennas in order to reduce
the number of towers needed to serve the community like church steeples,windmills,
bell towers, clock towers, cupolas, light standards, flagpoles, or trees.
Section 8-3-5(S)2. to allow Personal Wireless Facilities and Towers in Residential
Districts, Central Business District, Mixed Use District, an PS Districts but shall be
camouflaged or concealed, not readily identifiable as such, designed to be aesthetically
compatible with existing and proposed uses of that district.
Section 8-3-5(S)3.a. replaces "commercial wireless telecommunication service tower"
with"tower mounted".
Section 8-3-5(S)4.b. is deleted in its entirety and renumbered.
Section 8-3-5(S)5. Provides for a new paragraph, which becomes Section 8-3-5(S)5.b.
The base of the Personal Wireless Facility shall be setback a minimum distance of two
times (2x) the height of the tower from the property line of any residential dwelling.
Provides another new paragraph that indicates that if there is any conflict in setbacks,
the greater setback will apply.
Section 8-3-5(S)13.a. Additional language is added: However, notwithstanding the
forgoing, Personal Wireless Facilities may be allowed within the restricted area
provided they are camouflaged or concealed, not readily identifiable as such, and
designed to be aesthetically compatible with existing and proposed uses within the
Page 1 of 2
restricted area.
Section 8-3-5(S)13.b. Is deleted in its entirety.
Section 3: That Eagle City Code Section 8-2-3 is amended to change the
land use table to allow Personal Wireless Facilities conditional in several districts
consistent with the amendments to this chapter.
The full text of Ordinance No. 672 is available at City Hall and will be provided
to any citizen upon personal request during normal office hours.
DATED as of the /Q th day of December, 2013.
IP. A —4/4/4( 6,- oNsuu,u,,,
J., es D. Reynolds, a,•r •••••10v EAC4�'.••
Ra •
/) o0° re •.
AT EST:
= V 40.4:t
•
Sharon !/:ergmann, Eagle City CI • °"OO1" F
CP71,471 "c
CERTIFICATION OF CITY iatNEY
I, the undersigned City Attorney for and legal advisor to the City of Eagle, Idaho,
hereby certify that I have read the foregoing Summary of Ordinance No. 672 of the City
of Eagle and that the same is true and complete and provides adequate notice to the
public of the contents of said Ordinance.
DATED as of the 23rd day of De b-�/ , 2013.
(
,4 # PAL ' G
orney
Page 2 of 2
t- L� b er• ';S. r-ELLD a
CITY OF EAGLE
Valley Times File: ,
Route to:
P.O. Box 1790-Eagle, Idaho 83616 �___4._.___...._... .... . ... ._.R� -_1
LEGAL ADVERTISING PROOF OF PUBLICATION
Account: C.4) o- Ea-5 4 Identification: 34 n1 n�r�" o- 0-Az y nkru (;41?,
Address: (o too E. Q. c. Lit Run Dates: i q_- 30 av
/
(b Number Lines $I04•S/2-
't'z Amount
Attention: Other
Frank Thomason, being duly sworn, deposes
and says: That he is the Principal Clerk of
Valley Times, a weekly newspaper published at
Eagle, Ada County, State of Idaho; that the said
SUMMARY OF t Z-36,�.ct3 newspaper is in general circulation in the said
ORDNANCE 672 County of Ada, and in the vicinity of Meridian,
Star, and Eagle, and has been uninterruptedly
AN ORDINANCE AMENDING EAGLE CITY CODE TITLE 8 "ZONING", published in said County during a period of
CHAPTER I "ZONING INTERPRETATION AND DEFINlTIONS#', SECT10N 2
*RULES AND, D INITIONS", AND CHA 3 "p�ORMANC seventy-eight consecutive weeks prior to the first
3TANDA l3$ SECTION u� E lases . PARAGRAPH publication of this notice, a copy of which is attached
"PERSONAL • n .t.,' ACIDS,SAS,POLES,ANTENNAS,STEEPLES, hereto, and that the notice was published in
TOWERS, AND ' ', ' SUCH STRUCTURES", AND CHAPTER 2 `ZONING Valley Times, in conformity with Section 60-108,
DISTRICTS '", SECTION 3 "OFFICE SCHEDULE Of DISRiGt Idaho Code, as amended, for time
REGULATE": ,s PROVIDING AN EFFECTIVE DATE time(s)
in the regular and entire issue of said paper, and
A summary of the principle provisions of Ordinance 672 of the City of Eagle, i was printed in the newspaper proper, and not in a
Ada Cow,Idaho,adopted on Decemberik,2013;is as follows; supplement; and that said notice was published
c Amends ale City,Code Section 8-1-2 by replacing persons
on the following dates:
wireless facility with Personal Wireless Facility.The replacement is throughout chapter, Beginning D 2to,mitt-- b 2b G3
2 l
Section 2;Amends City Cade Section$-3-5(S)as follows:
Section 8-3-5(S)I.a(4)to state:Maximize the use ofex sting and approved towers and Ending Ili(0.,,,Lt{ 3o 2e
buildings to accommodate new wireless tclecamun,micattun antennas in order to reduce j
the number of towers needed to serve the Community like chinch steeples,windmills, .3n_a ik-i TTIN_Armq a CV)
Section 11-3-5012.to allow° Wireless Facilities and Towers in Residential� � STATE OF IDAHO)
Districts;Central Business District.Mixed Use District,an PS Districts but shall be )SS
camouflaged or concealed,not readily identifiable as ouch,designed to be aesthetically COUNTY OF ADA
compatible with existing and propmedisses of that district. On this aiwiday of in the year of 2014
Section8-3-50)3.a. replaces"commercial wireless telecommunication service tower" before me, a Nota Public, personally appeared
with mounted". homason, known or identified to me to be the person
whose name is subscribed to the within instrument,
section`8"3-5(S)ab`is(atleted `` entirety �` a being by me first d sworn, declared that the
Section 8-3-5(S)5.provides for a new paragraph,which becomes section 8.3_s(S)s.b. m he • are true, a c owledged to me that
The base of the Personal Wireless Facility shall be setback a minimum distance of two xe uted the same.
times(2x)the height of the tower from the property line of any residential dwelling.
Provides another new paragraph that indicates that i f there is any conflict in setbacks,
Notary Public for Idaho
the greater setback will apply.
Residiiag at9ise, ID
Section 8-3-5(S)13.a. Additional language is added: However, notwithstanding the My Commission expires: l 74-1/17
forgoing, Personal Wireless Facilities may be allowed within the restricted area
provided they lark camouflaged or concealed, not readily identifiable as such, and
designed to be aesthetically compatible with existing and proposed ties within the
+ r,;(te,t gren
Frank Thomason, being duly swom, deposes
and says: That he is the Principal Clerk of
3y Times, a weekly newspaper published at
e, Ada County, State of Idaho; that the said
wspaper is in general circulation in the said
)unty of Ada, and in the vicinity of Meridian,
tr, and Eagle, and has been uninterruptedly
published in said County during a period of
ity-eight consecutive weeks prior to the first
in of this notice, a copy of which is attached
hereto, and that the notice was published in
9y Times, in conformity with Section 60-108,
Idaho Code, as amended, for ( time(s)
regular and entire issue of said paper, and
rinted in the newspaper proper, and not in a
element; and that said notice was published
on the following dates:
Ieginning �w•.t II 2t) I Z
Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account _CA.: at
E
Address: 460 E c.i n a
1d. a. k o
'
Attention:
AGI`
Identification:
Run Dates:
REOEIVEU & FILED
CITY OF EAGLE
JUL 16 2012
File -
Route tn•
Zo A ' 0 1 - 12 6J., cz 4,1 Fail&
L -II 1012
Number Lines 3 7 Amount 43fr '
Other
PUBLIC HEARING /
CITY OF EAGLE 1O -1( I t.
Legal notice is hereby given that the EAGLE CITY COUNCIL will hold a public hearing
on June 26, 2012, at 6:30 P.M. at Eagle City Hall to consider the following:
APPLICATION #: ZOA-01-12
APPLICATION BY: City of Eagle
PROJECT SUMMARY: AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY
IDAHO AMENDING EAGLE CITY CODE TITLE 8 "ZONING", CHAPTER 4 "OFF
STREET PARKING AND LOADING", SECTION 5, "PARKING REQUIREMENTS";
PROVIDING SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE..
The proposed ordinance amendment changes the on -street and off-street parking
requirement for all non-residential uses in the Downtown Development Area (DDA) and
the Transitional Development Area (TDA).
Complete ordinance changes are on file for public inspection at Eagle City Hall, 660
Civic Lane. Public testimony is encouraged at the public hearing and written comments
will be accepted no later than five (5) working days prior to the public hearing. Auxiliary
aids or services for persons with disabilities can be made available by calling the ('ity
Clerk (939-6813) at least three days prior to the public hearing.
Publish: June 11th, 2012
Ending 1-(4 )%t. (( 2c 12-
7 l
STATE OF IDAHO )
)SS
COUNTY OF ADA )
On this ay of in the year of 2012
before me, a Nota Public, personally appeared
Frank Thomason, known or identified to me to be the person
whose name is subscribed to the within instrument,
being by me first
statemin herein are true, a
a.
ly swom, declared that the
a nowledged to me that
executed the same.
Notary Public for Idaho
ResidBo(se ID
y Commission expires: 7 17