Resolution - 1997 - 01 - Finding Imminent Peril To Public/Implementing A Moratoruium On All Antennas And Towing In Excess Of 35' - 01/14/1997
RESOLUTION NO. 97-1
A RESOLUTION OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, FINDING THAT
AN IMMINENT PERIL TO THE PUBLIC WELFARE EXISTS AND IMMEDIATELY
IMPLEMENTING A MORATORIUM ON ALL ANTENNAS AND ANTENNA TOWERS IN
EXCESS OF THIRTY FIVE (35) FEET IN HEIGHT IN ALL ZONING AND OVERLAY
DISTRICTS
WHEREAS, the City wishes to accommodate the communications need of residents
and business while protecting the public health, safety, and general welfare of the
community, and
WHEREAS, the City expects that there will be a significant number of applications for
wireless communication facilities, including antennas, antenna towers, and antenna
transmission facilities that may be incompatible or in conflict with the existing
Comprehensive Plan and zoning ordinances, and
WHEREAS, the City of Eagle (The "City") does not currently have specific regulations
for the placement, construction, or modification of antennas, antenna towers, and
antenna transmission facilities in Eagle City Code § 8-2-3, and regulates such facilities
in excess of thirty five (35) feet pursuant to Eagle City Code § 8-2A-6(A)(7), and
WHEREAS, the City recognizes the need to develop zoning ordinances that regulate
the placement, construction, and modification of antennas, antenna towers, and
antenna transmission facilities without unreasonably discriminating among providers of
functionally equivalent services and while not prohibiting or have the effect of
prohibiting the provision of personal wireless services, and
WHEREAS, pursuant to Idaho Code Section 67-6523, the City may adopt an
emergency ordinance declaring a moratorium on certain classes of permits for a period
not to exceed one hundred and twenty (120) days.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EAGLE, IDAHO, as follows:
Section 1: The City Council hereby finds that an iminent peril to the public welfare
exists caused by the current lack of specific guidance regulating the permitted or
condiditional use for antennas, antenna towers, and antenna transmission facilities in
Eagle City Code § 8-2-3.
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Section 2: The City Council hereby finds the need to develop zoning ordinance(s) that
regulate the placement, construction, and modification of antennas, antenna towers,
and antenna transmission facilities without unreasonably discriminating among
providers of functionally equivalent services and while not prohibiting or have the effect
of prohibiting the provision of personal wireless services
Section 3: The City Council hereby declairs a moratorium in all zoning districts and
overlay districts for the placement, construction, and modification of antennas and
antenna towers in excess of thirty five (35) feet in height, along with their associated
antenna transmission facilities. This moratorium does not apply to routine maintenance
and repair of existing antennas and antenna towers in excess of thirty five (35) feet in
height or their associated antenna transmission facilities.
Section 4: This moratorium terminates upon the adoption of new zoning ordinance(s)
regulating the placement, construction, and modification of antennas and antenna
towers in excess of thirty five (35) feet in height and their associated antenna
transmission facilities, or on May 15, 1997, whichever Occurs first.
Section 5: This Resolution shall take effect immediately upon it's passage and
approval.
DATED this 14th day of January, 1997.
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