Ordinance - 2000 - 373 - Amend Title 8/Performance Standards - 12/12/2000ORDINANCE # 373
AN ORDINANCE AMENDING 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", ITEM 2 AND CHAPTER 2 "ZONING DISTRICTS AND
MAP", SECTION 3 "OFFICIAL SCHEDULE OF DISRICT REGULATIONS";
AND PROVIDING AN EF'F'ECTIVE DATE.
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", Item 2, to allow the installation of personal wireless facilities on
existing light standards and power line support devises (or replacement equivalent of
same height) within the PS zoning district;
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 the PS "Public/Semi Public" zone;
Whereas the City of Eagle finds that the uses as described in Section 2 below
are in accordance with the general purposes of the Eagle Comprehensive plan;
Whereas the City of Eagle finds that the uses as described in Section 2 below are
in accordance with the general purposes of the Eagle City Code; and
Whereas the City of Eagle finds that the uses as described in Section 2 below in
accordance with the specific purpose of the PS "Public/Semi Public" zoning designation
as outlined within Eagle City Code Section 8-2-1.
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 8-3-5 (S)(2), be, and the same
hereby is, amended with the strike-thru text being deleted and the underlined text being
added to read as follows:
2. Towers in Zoning Districts:
a. 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.
(2) Personal wireless facilities shall be prohibited in all residential (R)
Page 1 of 2
\\EAGLENf 1\COMMON\COUNCE.\Draft Ordinances\Ord 373.doc
zones.
b. PS (Public/Semi-Public) District:
(1) Wireless antennas may be permitted to be attached to existing light
standards and power line support devises (or replacement equivalent of
same height) provided, however, the antenna(s) are either flush mounted
or mounted in an manner that provide minimum visual impact.
Notwithstanding the foregoing, all provisions of Section 8-3-5 (S) of this
Title shall be applicable to wireless antennas located on existing light
standards and power line support devises.
Section 2: That Eagle City Code Section 8-2-3, "Official Schedule of
District Regulations" be, and the same hereby is, amended for the "Personal wireless
facilities (height -over 35 feet)" land use to read as follows:
LAND DISTRICTS
USES
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 C C C C C C C C
Wireless
facilities
(height -
over 35
feet)
Section 3: 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 4: 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.
Approved and adopted this 12th day of December, 2000.
Mayor Rick Yz:..ui e
ATTEST:
\e -
Sharon
n Moore, Eagle Cit
Clerk
Page 2 of 2
1\EAGLENTI\COMMON\COUNCIL\Draft Ordinances\Ord 371doc
The Idaho
Statesman
P.O. Box 40, Boise, Idaho 83707-0040
LEGAL ADVERTISING PROOF OF PUBLICATION
Account # DTI# Identification
116026
Ordered by:
379423 ORDINANCE 373
P O. # Rate
CITY OF EAGLE
310 E. STATE ST.
EAGLE, ID 83616
RECEIVED & FILED
CITY OF EAGLE
File
Route tc •
TT
Run Dates
Amount:
$130.80
December 22, 2000
Number of Lines
71 X2
Affidavit
1
Legal #
9138
JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal
Clerk of The Idaho Statesman, a daily newspaper printed and published at
Boise, Ada County, State of Idaho, and having a general circulation therein, and
which said newspaper has been continuously and uninterruptedly published in
said County during a period of twelve consecutive months prior to the first
publication of the notice, a copy of which is attached hereto: that said notice
was published in The Idaho Statesman, in conformity with Section 60-108,
Idaho Code, as amended for ONE
consecutive weekly
consecutive daily
insertion(s)
beginning with the issue of:
and ending with the issue of:
X
single
odd skip
DECEMBER 22 , 2000
DECEMBER 22 , 2000
STATE OF IDAHO )
)ss
COUNTY OF ADA
On this 2 2 day of DECEMBER in the year of 2000
before me, a Notary Public, personally appeared before me Janice Hildreth
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 state-
ments therein are true, and acknowledged to me that she executed the same.
Notary Public for Ida o'
Residing at: Boise, Idaho
My Commission expires:
LEGAL NOTICE
ORDINANCE # 373
AN ORDINANCE AMENDING EAGLE CITY CODE TITLE 8 "ZONING", CHAPTER 3
"PERFORMANCE STANDARDS", SECTION 5 "UNIQUE LAND USES", PARAGRAPH S
"PERSONAL WIRELESS FACILITIES, SPIRES, POLES, ANTENNAS, STEEPLES,
DTRCAND
P 3U " ITEM 2 AND
IISITSAND MA, SECTION "OFFICIAL SCHEDULE OF DISTRICT REGULA-
TIONS";
AND PROVIDING AN EFFECTIVE DATE.
Whereas the City of Eagle hereby amends Eagle City Code Title 8 "Zoning", Chapter
"PerformAnce Standards", Section 5 "Unique Land Uses", Paragraph 5 "Personal Wir
less Facilities, Spires, Poles, Antennas, Steeples, Towers, And Other Such Structures",
Item 2, to allow the installation of personal wireless facilities on existing light standards
and power line support devises (or replacement equivalent of same height) within the
PS zoning district;
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 the PS "Public
Semi Public" zone;
Whereas the City of Eagle finds that the uses as described in Section 2 below are in
nr�
accordaa with the general purposes of the Eagle Comprehensive plan;
Whereat the City of Eagle finds that the uses as described in Section 2 below are in
accordance with the general purposes of the Eagle City Code; and
Whereas the City of Eagle finds that the uses as described in .Section 2 below in
accordance with the specific purpose of the PS "Public/Semi Public" zoning designation
as outlined within Eagle City Code Section 8-2-1.
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 8-3-5 (S)(2), be, and the same hereby is,
amended with the strike-thru text being deleted and the underlined text being added to
read as follows:
2. Towers in Zoning Districts:
a.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.
(2) Personal wireless facilities shall be prohibited in all residential (R) zones.
b. PS (Public Semi -Public) District (1) Wireless antennas may be permitted to be
attached to existing light standards and power line support devises (or replacement
equivalent of same height) provided, however, the antenna(s) are either flush mounted
mounted in an manner that provide minimum visual impact. Notwithstanding the
regoing, all provisions of Section 8-3-5 (S) of this Title shall be applicable to wireless
ntennas located on existing light standards and power line support devises.
Section 2: That Eagle City Code Section 8-2-3, "Official Schedule of District Regula -
ons" be, and the same hereby is, amended for the "Personal wireless facilities (height-
er 35 feet)" land use to read as follows:
W I ANDLJSFS DISTRICTS
3
e -
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
Wireless sect
facilities
(height -
over 35
feet)
CC C CC C C C CC
ion 3: 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 circum-
stance is declared invalid for any reason, such declaration shall not affect the validity of
remaining portions of this ordinance.
Section 4: That this Ordinance, or a summary thereof in compliance with Section
9O1A, Idaho Code, shall be published once in the official newspaper of the City, and
hall take effect immediately upon its passage, approval, and publication.
Approved and adopted this 12th day of December, 2000.
Mayor Rick Yzaguirre
ATTEST: Sharon Moore, Eagle City Clerk
Pub. Dec. 22. 2000 9138