8-3-5: UNIQUE LAND USES:
Certain unique land uses pose special problems that may have detrimental influences on surrounding land uses. The following performance standards for such unique land uses shall be adhered to in addition to all other provisions of this title:
   A.   Accessory Storage Building:
      1.   Will not be located in any required front or street side yard area within the R-E, R, and MU zoning districts. Accessory storage buildings located with the A and A-R zoning districts may be permitted within the front or street side yard area and shall comply with the minimum setbacks as required in section 8-2-4 of this title. The exterior design of the accessory storage building will be compatible with the principal residence on the lot and shall not detract from the single-family appearance of the lot or obscure and confuse the front entrance of the principal structure;
      2.   Accessory storage buildings less than two hundred (200) square feet in area with a wall height of no more than seven feet (7') and a maximum height of no more than nine feet (9') are permitted in any rear or interior side yard area;
      3.   Accessory storage buildings two hundred (200) square feet in area or larger shall comply with the minimum setbacks as required in section 8-2-4 of this title and shall be limited to a maximum height of twenty five feet (25'). Accessory storage buildings located within the R-E zoning district shall be limited to a maximum height of thirty feet (30'). Accessory storage buildings located within the A and A-R zoning districts shall be limited to a maximum height of thirty five feet (35');
      4.   The placement and use of any shipping/cargo container, railroad cars, truck vans, converted mobile homes, travel trailers, recreational vehicles, bus bodies, vehicles, and similar prefabricated items and structures as an accessory storage building or living unit is prohibited; and
      5. Notwithstanding the provisions set forth in this section, the temporary placement of transport containers and/or portable site storage containers on residentially zoned properties, or on properties the primary use of which are residential, for the limited purpose of loading and unloading household contents shall be permitted for a period of time not exceeding thirty (30) days in any one (1) calendar year.
   B.   Agriculture (Buffer Area):
      1.   Will be maintained as an untilled filler strip or natural vegetation provided for between tilled ground and the normal high water elevation of any surface water areas. The width of this strip shall vary according to the average slope of the land as follows:
 
Average Slope Of Land  Between Tilled Land And Normal High Water Elevation
Width Of Strip Between Tilled Land And Normal High Water Elevation
(Feet Along Surface Of Ground)
   0 - 4 percent
20
   5 - 9 percent
50
   10 - 14 percent
90
   15 percent and over
110
 
      2.   Will be maintained to minimize soil erosion, sedimentation, contamination and nutrient enrichment of ground and surface water.
   C.   Animal Clinic, Animal Hospital, Veterinary Office And Kennel:
      1.   Will be located at least five hundred feet (500') from any residence including motels and hotels, except for an owner's residence. The Administrator may modify these requirements if the animals are completely housed in soundproof structures that completely screen them from view of the abutting residential property; and
      2.   Will comply with all State and local regulations relative to such an operation and maintain adequate housekeeping practices designed to prevent the creation of a nuisance and to reduce to a minimum the factors of noise and odor.
   D.   Animal Commercial Feedlots, Meatpacking, Processing Plant And Slaughterhouse Facilities:
      1.   Will be located, when housing animals, feedlot or holding pens, not less than one thousand feet (1,000') from any residence, except for an owner's residence. Such facilities shall have a minimum setback of thirty feet (30') from any property line;
      2.   Will be designed and located with full consideration to their proximity to adjacent uses, their effect upon adjacent and surrounding properties, and to the reduction of such nuisance factors as odor; and
      3.   Will be adequately maintained with housekeeping practices to prevent the creation of a nuisance, and shall also be subject to the health authority requirements as to the elimination of waste materials and the maintenance of water quality control.
   E.   Boathouse: (Rep. by Ord. 478, 8-11-2004)
   F.   Bulk Storage Of Flammable Liquids And Gases Aboveground And For Resale:
      1.   Will be located at least five hundred feet (500') from a residential zone, a residence, motel or hotel, except for an owner's residence;
      2.   Will be erected subject to the approval of the appropriate fire district; and
      3.   Will have suitable loading and unloading spaces and off street parking facilities subject to the approval of the appropriate fire district.
   G.   Chemicals, Pesticide And Fertilizer Storage And Manufacturing: Will have adequate fire protection, storage area, handling and disposal as approved by the appropriate fire district.
   H.   Contractor's Yard:
      1.   Will be located a minimum distance of three hundred feet (300') from any residence, except for an owner's residence;
      2.   Will have screening fence around areas utilized for storage of equipment; and
      3.   Will be limited to storage, maintenance and processing incidental to contracting work. There shall be no general industrial or commercial uses.
   I.   Drive-In Restaurant:
      1.   Will be enclosed on the property line with landscaping and fencing, except for ingress and egress, to prevent trash from moving onto other properties;
      2.   Will have at least a six foot (6') high sight obscuring fence along the property lines that adjoin a residence;
      3.   Will provide for adequate trash receptacles; and
      4.   Will avoid the direction of night lighting toward any residence.
   J.   Oil And Gas Extraction:
      1.   Definitions: For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ADMINISTRATIVE: A regulatory review and/or action performed by an employee or contractor of the City and not deemed a legislative or quasi-judicial action.
   APPLICANT: Any person, owner, operator, partnership, company, corporation and its subcontractors and agents who has an interest in real estate for the purpose of exploring or drilling for, producing, or transporting oil or gas.
   DEPARTMENT: The Idaho Department of Lands.
   EXTRACTION: Activities necessary for removing natural gas or oil from underground and bringing it up to ground level, or any activities, the purpose of which is to remove these materials from natural pools or reservoirs beneath the earth's surface, including well drilling, injection, pumping, and including ancillary activities and facilities necessary for such extraction, without which the extraction could not occur.
   OIL AND GAS: Means oil or gas or both. "Oil and gas" refers to not only to oil and gas in combination with each other but also generally to oil, gas, casinghead gas, casinghead gasoline, gas-distillate or other hydrocarbons, or any combination of combinations thereof, which may be found in or produced from a common source or supply of oil, oil and gas, or gas-distillate.
   OIL AND GAS WELL: A hole drilled into the earth for the purpose of exploring for or extracting oil, gas, or other hydrocarbon substances.
   OPERATOR: The person of record, that is responsible for and actually in charge and control of drilling, maintaining, operating, pumping or controlling any well including, without limitation, a unit operator. If the operator, as defined herein, for any well is not the lessee of any premises affected by the provisions of this chapter, then such lessee shall also be deemed to be an operator. In the event there is no oil and gas lease relating to any premises affected by this chapter, the owner of the fee mineral estate in the premises shall also be deemed an operator.
   STATE: The State of Idaho.
   WELL: An oil and gas well or an injection well, including but not limited to directional drilling wells (for example, any well hole drilled into the ground).
   WELLHEAD: The equipment installed at the surface of the well.
      2.   Purpose: The purpose of this subsection J is to provide, through zoning provisions, for the reasonable development of land for oil and gas drilling while providing adequate health, safety and general welfare protections of the City of Eagle residents.
Local governments are preempted from regulating the oil and gas well operations or accomplishing the same purposes regulated under Idaho Code section 47-314. Local zoning regulates surface land use as authorized under the Local Land Use Planning Act, title 67, chapter 65, Idaho Code.
      3.   Zoning Classifications: An oil or gas well site shall be considered a permitted use by right within any zoning district(s), subject to the standards listed herein.
      4.   Permit Requirement:
         a.   No oil or gas well site, or an addition to an existing oil or gas well site, shall be constructed or located within City of Eagle unless an administrative zoning permit under this subsection J has been issued by the City of Eagle to the applicant approving the construction or preparation of the site for oil or gas development or construction of natural gas compressor stations or natural gas processing plants.
         b.   Each application shall be submitted with the fee established pursuant to resolution of the City of Eagle as adopted. Such fee shall be reasonably related to the cost of administering this by the City of Eagle.
         c.   Any modification to an existing and/or permitted oil or gas well site that materially alters the size, location, number of wells or accessory equipment or structures, shall require a modification of the permit under this subsection J. Like-kind replacements shall not require a permit modification.
         d.   Wells that were permitted and constructed prior to the adoption of this subsection J shall not be required to meet the requirements of this subsection J. Any modification to an existing or permitted oil or gas well site that occurs after the effective date of this subsection J and materially alters the size, type, location, number of wells and other accessory equipment or structures, shall require compliance with this subsection J.
         e.   Upon receiving notice from the department that an application has been submitted, the local jurisdiction will notify all property owners within one mile of the affected tax parcel that an application for a new oil and gas operation has been filed with the City, County, Planning and Zoning Department. The notice is for informational purposes only and will not solicit any public comments on the application.
         f.   An oil or gas well permit shall not be required for exploration for oil or gas. Exploration of oil or gas means activities related to the various geological and geophysical methods used to detect and determine the existence and extent of hydrocarbon deposits. The activities related to the search for oil and gas include without limitation aerial, geological and geophysical surveys and studies, seismic work, core drilling and the drilling of test wells. During the exploration process, the most minimally invasive methods shall be used.
         g.   If an applicant does not conduct said business for a period of one year, the administrative zoning permit shall be null and void. Permits issued under this subsection J shall not be transferable to any other applicant, except by majority vote of the City of Eagle, and the filing of an application by the applicant to whom such license is, or may be, transferred or assigned.
         h.   The operator shall provide to the City a copy of any incident reports or written complaints submitted to the department, the Idaho Oil and Gas Conservation Commission, or any other State or Federal agency within twenty four (24) hours after the operator has notice of the existence of such reports or complaints.
      5.   Permit Application: The applicant shall provide to the City of Eagle at the time of permit application:
         a.   A narrative describing an overview of the project including the number of acres to be disturbed for development, the number of wells to be drilled including department permit number(s) for all wells, if available, at the time of submittal and provided when issued later, and the location, number and description of equipment and structures to the extent known. In addition to the narrative statement, each application shall contain the following:
            (1)   The surface owner's name, address, and phone number.
            (2)   The mineral owner's name, address, and phone number (if different than the surface owner).
         b.   The address of the oil or gas well site and a legal description of the parcel as determined by the City of Eagle and information needed to gain access to the well site in the event of an emergency.
         c.   The contact information of the individual or individuals responsible for the operation and activities at the oil or gas well site shall be provided to the City of Eagle and all applicable emergency responders as determined by the City of Eagle. Such information shall include a phone number where such individual or individuals can be contacted twenty four (24) hours per day, three hundred sixty five (365) days a year. Annually, or upon any change of relevant circumstances, the applicant shall update such information and provide it to the City of Eagle and all applicable emergency responders as determined by City of Eagle.
         d.   A scaled site plan of the oil or gas well site showing the drilling pad, planned access roads, the approximate location of derricks, drilling rigs, equipment and structures and all permanent improvements to the site and any post construction surface disturbance in relation to natural resources. Included in this map shall be an area within the development site for vehicles to locate while gaining access to the oil or gas well site. The only items that may be stored and vehicles that may be parked on the operation site are those that are necessary to the everyday operation of the well or associated facilities and do not constitute a fire hazard.
         e.   A narrative and map describing the planned access routes to the well sites on public roads including the transportation and delivery of equipment, machinery, water, chemicals and other materials used in the siting, drilling, construction, maintenance and operation of the oil or gas well site.
         f.   Comply with Idaho State Water Quality Standards pursuant to IDAPA 58.01.02.850-852 addressing procedures for Hazardous Materials Spills (850), Petroleum Release Reporting, Investigation, and Confirmation (851) and, Petroleum Release Response and Corrective Action (852).
Pursuant to IDAPA 20.07.02 section 310.15 (General Drilling Rules) prepare a comprehensive emergency and spill response guidance document known as a Spill Prevention, Control and Countermeasure (SPCC) Plan, to address key State and Federal regulations such as 40 CFR 112.1 through 40 CFR 112.10 (SPCC Regulation) and IDAPA 20.07.02 (Rules Governing Conservation of Oil and Natural Gas) and IDAPA 58.01.01 sections 800-852 (Water Quality Standards). As needed, incorporate the unique elements of a Preparedness, Prevention and Contingency Plan and obtain approval by the applicable fire district and the Eagle Police Department. The SPCC Plan will be prepared by a qualified registered professional engineer (State of Idaho) and kept at each drilling/production/workover facility. All oil-handling personnel must be trained to implement the SPCC Plan, with emphasis upon maintaining oil storage tanks/containers, secondary containment systems and promptly/safely handling emergency spills, leaks and accidental discharges of any oil-based fluids and oil-laden water at the facility. Applicant will provide the operation's SPCC Plan, to the applicable fire district and Eagle Police Department, to the City of Eagle and all emergency responders at least thirty (30) days prior to drilling of an oil or gas well and at least annually thereafter while drilling activities are taking place at the oil or gas well site. Drilling shall not commence until the City has approved the plan. The plan shall contain the MSDS (Material Safety Data Sheet) or similar disclosure for all chemicals used on site with no exemption for trade secrets. Such plan shall also contain a provision that within twenty four (24) hours of the discovery of any oil and/or gas leak, spill, and/or emission release, the City and emergency responders shall be notified and all operations shall cease immediately until such equipment has been repaired and prior to operation, operator shall submit certification from a licensed and qualified professional verifying that the equipment has been adequately repaired and the equipment is safe to return to service. Such certification will be reviewed by the City Engineer. Prior to any changes, City shall be notified regarding any modifications to operations or a change in the use of chemicals.
         g.   Conduct an appropriate site orientation of the SPCC Plan for all applicable emergency responders, as determined by the City of Eagle. The cost and expense of the orientation shall be the sole responsibility of the applicant. If multiple wells/well pads are in the same area (covered by the same emergency response agencies), evidence from the appropriate emergency response agencies that a training course was offered in the last twelve (12) months shall be accepted.
         h.   A narrative describing the environmental impacts of the proposed project on the site and surrounding land and measures proposed to protect or mitigate such impacts shall be provided to the City of Eagle. A copy of any remediation and/or mitigation plan filed with the State shall be submitted to the City and approved prior to the commencement of operations.
         i.   The applicant, at its own expense, shall provide, prior to drilling, documentation of baseline water testing, conducted by an independent third-party, on a minimum of three (3) domestic wells (2 downgradient and 1 upgradient), which wells shall be located within one-fourth (1/4) of a mile of the well site. Applicant shall provide at least one test prior to drilling and conduct and provide test results every quarter for the first year of operation. Thereafter, such wells shall be retested at least twice annually and the results submitted to the City. Depending upon the depth of the domestic wells selected for testing, the City may require an additional monitoring well(s) at the well site. If two (2) domestic wells are not found within one-fourth (1/4) mile, the applicant shall install a monitoring well downgradient of the well site for such testing. The depth and location of the monitoring well(s) shall be approved by the City and based on subsurface geology and aquifer information provided by the applicant. All monitoring wells shall also be approved by the Idaho Department of Water Resources. The following parameters to be tested, include, but are not limited to, water temperature, pH, specific conductivity, total dissolved solids, major ions (chloride, fluoride, sulfate, nitrate, silica, calcium, sodium, potassium, magnesium), trace elements (aluminum, arsenic, barium, boron, iron, manganese, selenium, uranium, iodine), radiochemical (gross alpha/gross beta radioactivity, in addition to uranium), and organic constituents (benzene, toluene, ethylbenzene, xylenes (BTEX), methane, methyl tertiary butyl ether (MTBE)), heavy metals (cadmium, chromium, lead, mercury, strontium, vanadium), compounds (formaldehyde, hydrofluoric acid, nitrogen oxides) and any other chemical as determined by the City Engineer.
         j.   The applicant or permittee, at its own expense, shall provide, prior to drilling, documentation and results of a completed baseline subsurface testing program, conducted by a qualified independent third-party, characterizing potential water bearing zones, utilizing non-invasive or minimally- invasive exploration methods. The methods employed may include, for example, geophysical techniques such as electrical resistivity, electromagnetics, seismic refraction, gravity, electrical resistivity tomography and ground penetrating radar, or exploratory drilling. Selection of an approach utilizing one or more of these methods, or alternatives proposed by the applicant or permittee, must be approved by the City Council, as advised by the City Engineer or an independent qualified third-party as designated by the City Council. If hydraulic fracturing or a similar process is approved by the Idaho Department of Lands, in any proposed production drill hole, the applicant or permittee, at its own expense, shall provide, prior to conducting hydraulic fracturing or a similar process, documentation and results of baseline subsurface testing, utilizing the electrical resistivity tomography technique (ERT), to evaluate the subsurface volume within and around the drill hole, particularly regarding the presence of any water bearing zones. If hydraulic fracturing or similar process is carried out in any such drill hole(s), periodic ERT monitoring shall be conducted on a schedule approved by the City Council, to evaluate any physical or chemical changes that may be occurring over time. Any and all of such testing and/or data collection, including the initial instrumentation of any proposed production wells, to accommodate subsequent ERT data collection, shall be approved by the City Council and supervised by City staff, the City Engineer, or an independent third-party as directed by the City Council.
         k.   Non-radioactive tracing or tagging additives, unique for each permitted drill site must be added to all fluids used for drilling, as well as post-drilling well treatment, including hydraulic fracturing. The City shall be notified in writing of the formula of such additives from each well.
         l.   Automatic emergency shut off valves that can be operated remotely shall be installed on drilling equipment with access to valves provided to the City and the applicable fire district in case of fire or explosion.
         m.   The applicant shall comply with all State and Federal air quality regulations. The applicant shall report the receipt of any air quality complaints to the City within twenty four (24) hours.
         n.   The applicant shall provide proof of a certificate of comprehensive general liability insurance in the amount of no less than fifteen million dollars ($15,000,000.00) per occurrence with an aggregate of thirty million dollars ($30,000,000.00) and a company authorized to do business in the State of Idaho shall write the policy. The policy shall not contain any exclusions of coverage for hydraulic fracturing or mining extraction activities. The applicant shall also provide proof of operator's extra expense liability coverage in the event of well failures in the amount no less than one million dollars ($1,000,000.00). The certificate shall require at least thirty (30) days' notice to the City prior to termination of coverage for any reason. The applicant shall secure substitute liability insurance coverage prior to actual termination; failure to maintain comprehensive general liability insurance shall result in immediate withdrawal of the permit by the City. At time of application, the applicant shall provide written indemnification for the City.
      6.   Issuance Of Permit:
         a.   Within thirty (30) business days after receipt of a permit application, the City of Eagle will process and determine whether the application is complete and advise the applicant accordingly.
         b.   Pursuant to Idaho Code 47-314(10)(b), if the application is complete and fulfills the requirements of this subsection J, the City of Eagle shall issue a permit within twenty one (21) days following the date the complete application was submitted.
         c.   If the application is incomplete or does not fulfill the requirements of this subsection J, the City of Eagle shall return the application to the applicant. After necessary changes have been made City of Eagle shall follow subsection J6b of this section.
         d.   As a condition of permit approval, applicant shall provide all permits and plans from the department and all other appropriate regulatory agencies within thirty (30) days of receipt of such permits and plans.
         e.   Temporary housing for well site workers is prohibited. Applicant shall provide for adequate screening and restroom facilities for employees.
      7.   Site Design And Installation:
         a.   Access: The permit application shall be submitted to the appropriate road agency (Ada County Highway District (ACHD) or Idaho Transportation Department (ITD)) for comment. Any conditions provided by the agency shall be required as part of the approval of the permit.
         b.   Height: There shall be an exception to the height restrictions contained in this section for the temporary placement of drilling rigs, drying tanks, pad drilling and other accessory uses necessary for the actual time period of drilling or redrilling of an oil or gas well or pad drilling.
         c.   Setbacks/Location:
            (1)   Except as provided in Idaho Code section 47-319, oil and gas wells, tank batteries and gas processing facilities shall not be constructed within one-half (1/2) of a mile of the property line of an occupied structure, place of worship/assembly, medical facility/hospital, or school, domestic water well, canal, ditch or the natural or ordinary high-water mark of surface waters or within one-quarter (1/4) mile of a highway.
            (2)   Oil and gas wells, tank batteries and gas processing facilities may be constructed less than one-half (1/2) of a mile but more than one-quarter (1/4) of a mile from an occupied structure, domestic water well, if the operator has obtained the express written permission from the owner of the occupied structure or domestic water well.
            (3)   Oil and gas wells shall not be constructed within the Federal Emergency Management Agency (FEMA) special flood hazard area.
            (4)   Recognizing that the specific location of equipment and facilities is an integral part of the oil and gas development, and as part of the planning process, operator shall strive to consider the location of its temporary and permanent operations, where prudent and possible, so as to minimize interference with City of Eagle residents' enjoyment of their property and future development activities as authorized by the City of Eagle applicable ordinances.
         d.   Screening And Fencing:
            (1)   Security fencing shall not be required at oil or gas well sites during the initial drilling, or redrilling operations, as long as manned 24-hour on-site supervision and security are provided.
            (2)   Security fencing shall be at least six feet (6') in height equipped with lockable gates at every access point and have openings no less than twenty feet (20') wide pursuant to International Fire Code. Additional lockable gates used to access oil and gas well sites by foot may be allowed, as necessary. The Fire Chief shall be provided with a method to access the drill site in the case of an emergency, preferably by use of the Knox System.
            (3)   Warning signs shall be placed on the fencing surrounding the oil or gas well site providing notice of the potential dangers and the contact information in case of an emergency. During drilling and hydraulic fracturing, clearly visible warning signage shall be posted on the pad site.
         e.   Lighting: Lighting at an oil or gas well site, either temporary or permanent, shall be directed downward and inward and comply with dark sky principles. Flaring is not permitted between sunset and sunrise.
         f.   Noise: Extraction activities shall comply with the City's Noise Ordinance, title 4, chapter 9 of this Code.
         g.   Dust Control, Vibrations, And Odors:
            (1)   To prevent injury or nuisances to persons living and working in the area surrounding the operation site, the operator shall conduct drilling and production in a manner that minimizes dust, vibrations, or odors, and in accordance with industry best practices for drilling and production of gas and other hydrocarbons.
            (2)   The operator shall adopt proven technological improvements in industry standards for drilling and production of reducing dust, vibration, and odor.
            (3)   If the City determines that the dust, vibrations, or odors related to the drilling and production use present an unreasonable risk of injury, operations shall cease until such issue is adequately addressed to the satisfaction of the City. If the City determines that the dust, vibrations, or odors related to the drilling and production have become a nuisance to persons living and working in the area, the City shall require the operator to adopt reasonable methods for reducing the dust, vibrations, and odors. This may include a requirement to install a mud shaker with construction of access roads for vehicles exiting the site.
            (4)   Operator shall control fugitive dust arising from operations and truck traffic. Operator shall dust proof the site by applying water, road mixture, or other means that reduce dust. Petroleum based and synthetic polymers, and electrochemical products are prohibited.
         h.   Hours Of Operation: Site development, other than drilling shall be conducted only between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M. Monday through Friday, nine o'clock (9:00) A.M. to five o'clock (5:00) P.M. on Saturday and at no time on Sunday. Truck deliveries of equipment and materials associated with drilling and well servicing, site preparation and other related work conducted on the site shall be limited to the above same work hour restrictions except in cases of an emergency.
      8.   Waiver: In the case of an application for permit under this subsection J, a waiver from an imposed condition(s) may be granted if the condition(s) is in conflict with chapter 3, title 47 of the Idaho Code. The applicant will have the burden to show there is a conflict with chapter 3, title 47 of the Idaho Code, and that the local and State rules cannot be implemented harmoniously.
   K.   Oil And Gas Post-Extraction:
      1.   Definition: Post-extraction processing activities refer to the handling of oil and gas after it has been extracted from the earth, more specifically defined as any and all activity relating to site construction and maintenance for processing of, oil and natural gas which, is not a part of the extraction process, or which occurs after the oil, natural gas, produced water, or any other substance or material has been removed from the ground, including and/or concerning, but not limited to: a) waste disposal, b) fencing, c) signage, d) lighting, e) venting, f) flaring, g) vehicle traffic and access, h) noise, i) height restrictions, j) setbacks, k) disposal wells, l) storage tanks, m) transfer pipelines, n) compression facilities, o) settling ponds, p) derricks, q) wastewater disposal, r) refining facilities.
"Post-extraction processing activities" include: "gathering facilities" as defined in Idaho Code section 47-310(10), other facilities, equipment or improvements used or installed for the gathering, treatment, refining, or other processing of oil or natural gas or other materials or substances, "processing facilities" as defined in Idaho Code section 47-310(26), "gas processing facilities" as defined in IDAPA 20.07.02.23, "pits" as defined in IDAPA 20.07.02.37, and "tank batteries" as defined in IDAPA 20.07.02.51, whether or not located on a well site (as defined in IDAPA 20.07.02.59).
"Post-extraction activities" do not include: "Tanks" as defined in IDAPA 20.07.02.50 when such tanks are: a) located on a well site as defined in IDAPA 20.07.02.59 and b) contain materials used in and necessary for extraction activities.
All other definitions applicable to this section are found in subsection J of this section.
      2.   Purpose: The purpose is to provide, through zoning provisions, for the reasonable development of land for oil and gas drilling and post-extraction while providing adequate health, safety and general welfare protections of the City of Eagle residents.
Local zoning regulates surface land use as authorized under the Local Land Use Planning Act, title 67, chapter 65, Idaho Code.
      3.   Zoning Classifications: An oil or gas post-production facility shall be considered a conditional use within the zoning district(s) expressly set forth in the land use table, subject to the standards listed herein.
      4.   Permit Requirement:
         a.   No oil or gas post-extraction facility, shall be constructed or located within City of Eagle unless a conditional use permit has been issued by the City of Eagle to the applicant approving the construction or preparation of the site for oil or gas post-extraction.
         b.   Each application shall be submitted with the fee established pursuant to resolution of the City of Eagle as adopted. Such fee shall be reasonably related to the cost of administering this by the City of Eagle.
         c.   Any modification to an oil and gas post-extraction site that materially alters the size, location, number of accessory equipment or structures, shall require a modification of the permit under this subsection K. Like-kind replacements shall not require a permit modification.
         d.   Upon receiving application for post-extraction the City Zoning Administrator shall comply with section 8-7-3-5 of this title.
      5.   Permit Application: The applicant shall provide to the City of Eagle at the time of permit application:
         a.   A narrative describing an overview of the post-extraction project including the number of acres to be disturbed for development, the process proposed for post-extraction, including, compressor stations, dehydration facilities, tanks, pits or ponds, collection lines, equipment and structures number and description of equipment and structures to the extent known. Injection wells for wastewater or processed water is prohibited. In addition to the narrative statement, each application shall contain the following:
            (1)   The surface owner's name, address, and phone number.
            (2)   The mineral owner's name, address, and phone number (if different than the surface owner).
         b.   The address of the oil or gas post-extraction site and a legal description of the parcel as determined by the City of Eagle and information needed to gain access to the well site in the event of an emergency.
         c.   The contact information of the individual or individuals responsible for the operation and activities at the oil or gas post-extraction site shall be provided to the City of Eagle and all applicable emergency responders as determined by the City of Eagle. Such information shall include a phone number where such individual or individuals can be contacted twenty four (24) hours per day, three hundred sixty five (365) days a year. Annually, or upon any change of relevant circumstances, the applicant shall update such information and provide it to the City of Eagle and all applicable emergency responders as determined by City of Eagle.
         d.   A scaled site plan, including elevations or visual aids, of the oil or gas post-extraction site showing the planned access roads, compressor stations, dehydration facilities, tanks, pits or ponds, collection lines, equipment and structures and all permanent improvements to the site and any post construction surface disturbance in relation to natural resources. Included in this map shall be an area within the development site for vehicles to locate while gaining access to the oil or gas post-extraction site.
         e.   A narrative and map describing the planned access routes to the well sites on public roads including the transportation and delivery of equipment, machinery, water, chemicals and other materials used in the post-extraction operation of the oil or gas well site.
         f.   Comply with Idaho State Water Quality Standards pursuant to IDAPA 58.01.02.850-852 addressing procedures for Hazardous Materials Spills (850), Petroleum Release Reporting, Investigation, and Confirmation (851) and, Petroleum Release Response and Corrective Action (852).
Pursuant to IDAPA 20.07.02 section 310.15 (General Drilling Rules) prepare a comprehensive emergency and spill response guidance document known as a Spill Prevention, Control and Countermeasure (SPCC) Plan, to address key State and Federal regulations such as 40 CFR 112.1 through 40 CFR 112.10 (SPCC Regulation) and IDAPA 20.07.02 (Rules Governing Conservation of Oil and Natural Gas) and IDAPA 58.01.01 sections 800-852 (Water Quality Standards). As needed, incorporate the unique elements of a Preparedness, Prevention and Contingency Plan and obtain approval by the applicable fire district and the Eagle Police Department. The SPCC Plan will be prepared by a qualified registered professional engineer (State of Idaho) and kept at each drilling/production/workover facility. All oil-handling personnel must be trained to implement the SPCC Plan, with emphasis upon maintaining oil storage tanks/containers, secondary containment systems and promptly/safely handling emergency spills, leaks and accidental discharges of any oil-based fluids and oil-laden water at the facility. Applicant shall provide the SPCC Plan to the City of Eagle and all emergency responders at least thirty (30) days prior to drilling of an oil or gas well and at least annually thereafter while drilling activities are taking place at the oil or gas well site. Drilling shall not commence until the City has approved the plan. The plan shall contain the MSDS (material safety data sheet) or similar disclosure for all chemicals used on site with no exemption for trade secrets. Such plan shall also contain a provision that within twenty four (24) hours of the discovery of any oil and/or gas leak, spill, and/or emission release, the City shall be notified and all operations shall cease immediately until such equipment has been repaired and prior to operation, operator shall submit certification from a licensed and qualified professional verifying that the equipment has been adequately repaired and the equipment is safe to return to service. Such certification will be reviewed by the City Engineer. Prior to any changes, the City shall be notified regarding any modifications to operations or a change in the use of chemicals.
         g.   Conduct an appropriate site orientation of the SPCC Plan for all applicable emergency responders, as determined by the City of Eagle. The orientation shall be conducted prior to the commencement of post-extraction activities. The cost and expense of the orientation shall be the sole responsibility of the applicant.
         h.   A narrative describing the environmental impacts of the proposed project on the site and surrounding land and measures proposed to protect or mitigate such impacts shall be provided to the City of Eagle. A copy of any remediation and/or mitigation plan filed with the State shall be submitted to the City and approved prior to the commencement of operations. The City reserves the right to provide additional requirements to a remediation and/or mitigation plan.
         i.   The applicant, at its own expense, shall provide, prior to post-extraction, current documentation of baseline water testing, conducted by an independent third-party, on a minimum of three (3) domestic wells (2 downgradient and 1 upgradient), which wells shall be located within one-fourth (1/4) of a mile of the well site. Applicant shall provide at least one test prior to post-extraction and conduct and provide test results every quarter for the first year of operation. Thereafter, such wells shall be retested at least twice annually and the results submitted to the City. Depending upon the depth of the domestic wells selected for testing, the City may require an additional monitoring well(s) at the well site. If two (2) domestic wells are not found within one-fourth (1/4) mile, the applicant shall install a monitoring well downgradient of the post-extraction site for such testing. The depth and location of the monitoring well(s) shall be approved by the City and based on subsurface geology and aquifer information provided by the applicant. All monitoring wells shall also be approved by the Idaho Department of Water Resources. The following parameters to be tested, include, but are not limited to, water temperature, pH, specific conductivity, total dissolved solids, major ions, (chloride, fluoride, sulfate, nitrate, silica, calcium, sodium, potassium, magnesium), trace elements (aluminum, arsenic, barium, boron, iron, manganese, selenium, uranium, iodine), radiochemical (gross alpha/gross beta radioactivity, in addition to uranium), and organic constituents (benzene, toluene, ethylbenzene, xylenes (BTEX), methane, methyl tertiary butyl ether (MTBE)), heavy metals (cadmium, chromium, lead, mercury, strontium, vanadium), compounds (formaldehyde, hydrofluoric acid, nitrogen oxides) and anything else as determined by the City Engineer.
         j.   Automatic emergency shut off valves that can be operated remotely shall be installed on post-extraction facilities with access to valves provided to the City and the applicable fire district in case of fire or explosion.
         k.   The applicant shall comply with all State and Federal air and water quality regulations. The applicant shall report the receipt of any air or water quality complaints to the City within twenty four (24) hours of receipt.
         l.   The applicant shall submit proof of a certificate of comprehensive general liability insurance in the amount of no less than fifteen million dollars ($15,000,000.00) per occurrence with an aggregate of thirty million dollars ($30,000,000.00) and a company authorized to do business in the State of Idaho shall write the policy. The policy shall not contain any exclusions of coverage for hydraulic fracturing or mining extraction activities. The certificate shall require at least thirty (30) days' notice to the City prior to termination of coverage for any reason. The applicant shall secure substitute liability insurance coverage prior to actual termination; failure to maintain comprehensive general liability insurance shall result in immediate withdrawal of the permit by the City. At time of application, the applicant shall provide written indemnification for the City.
      6.   Site Design And Installation:
         a.   Access: The permit application shall be submitted to the appropriate road agency (ACHD or ITD) for comment. Any conditions provided by the agency shall be required.
         b.   Height: No post-extraction facility shall exceed thirty five feet (35').
         c.   Setbacks/Location:
            (1)   Post-extraction facilities shall not be constructed within:
                  One-quarter (1/4) of a mile from a highway;
                  One-half (1/2) mile from the property line of an occupied structure, a water well, ditches or canals, an occupied school, hospital/medical facility, or place of worship/assembly;
                  Otherwise comply with IDAPA 20.07.02.430.01, as may be amended.
            (2)   Recognizing that the specific location of equipment and facilities is an integral part of the oil and gas development, and as part of the planning process, operator shall strive to consider the location of its temporary and permanent operations, where prudent and possible, so as to minimize interference with City of Eagle residents' enjoyment of their property and future development activities as authorized by the City of Eagle applicable ordinances.
         d.   Screening And Fencing:
            (1)   Security fencing with materials approved by the City, shall be installed around post-extraction structures and ponds or pits prior to the commencement of post-extraction.
            (2)   Security fencing shall be at least six feet (6') in height equipped with lockable gates at every access point and have openings no less than twenty feet (20') wide pursuant to International Fire Code. Additional lockable gates used to access oil and gas post-extraction sites by foot may be allowed, as necessary. The Fire Chief shall be provided with a method to access the drill site in the case of an emergency, preferably by use of the Knox System.
            (3)   Warning signs shall be placed on the fencing surrounding the oil or gas post-extraction site providing notice of the potential dangers and the contact information in case of an emergency.
            (4)   In construction of post-extraction facilities, the natural surrounding shall be considered to preserve existing trees and other native vegetation. Existing trees and respective root systems should not be disturbed whenever possible. Re- forestation/re-vegetation of the post-extraction site will be provided by the owner/operator as required by rules governing oil and gas conservation.
         e.   Lighting: Lighting at an oil or gas post-extraction site, either temporary or permanent, shall be directed downward and inward and comply with dark sky principles. Flaring is not permitted between sunset and sunrise.
         f.   Noise: Post-extraction activities shall comply with the City's Noise Ordinance, title 4, chapter 9 of this Code.
         g.   Dust Control, Vibrations, And Odors:
            (1)   To prevent injury or nuisances to persons living and working in the area surrounding the operation site, the operator shall conduct drilling and production in a manner that minimizes dust, vibrations, or odors, and in accordance with industry best practices for drilling and production of gas and other hydrocarbons.
            (2)   The operator shall adopt proven technological improvements in industry standards for drilling and production of reducing dust, vibration, and odor.
            (3)   If the City determines that the dust, vibrations, or odors related to the post-extraction use present an unreasonable risk of injury, operations shall cease until such issue is adequately addressed to the satisfaction of the City. If the City determines that the dust, vibrations, or odors related to the post-extraction have become a nuisance to persons living and working in the area, the City shall require the operator to adopt reasonable methods for reducing the dust, vibrations, and odors. This may include a requirement to install a mud shaker with construction of access roads for vehicles exiting the site.
            (4)   Operator shall control fugitive dust arising from operations and truck traffic. Operator shall dust proof the site by applying water, road mixture, or other means that reduce dust. Petroleum based and synthetic polymers, brine water, sulfur water, water in mixture with any hydrocarbon, including used motor oil, and electrochemical products are prohibited.
            (5)   Temporary housing is prohibited. Applicant shall provide for adequate screening and restroom facilities.
         h.   Hours Of Operation: Site development, other than drilling shall be conducted only between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M. Monday through Friday and nine o'clock (9:00) A.M. to five o'clock (5:00) P.M. on Saturday and at no time on Sunday. Truck deliveries of equipment and materials associated with drilling and well servicing, site preparation and other related work conducted on the site shall be limited to the above same work hour restrictions except in cases of an emergency. (Ord. 792, 6-26-2018)
      7.   Waiver: In the case of an application for permit under this subsection K, a waiver from an imposed condition(s) may be granted if the condition(s) is in conflict with chapter 3, title 47 of the Idaho Code.
The applicant will have the burden to show there is a conflict with chapter 3, title 47 of the Idaho Code, and that the local and State rules cannot be implemented harmoniously. (Ord. 794, 2-12-2019)
   L.   Home Occupation:The provisions herein are to permit the establishment of home occupations that are compatible with the districts in which they are located. The intent of the regulations of this chapter is to establish performance standards for all home occupations. Home occupations shall be classified as either Class "A", "B" or "C" home occupations and shall be regulated as follows:
      1.   Class A home occupations:
         a.   Shall be limited to those uses identified on the Official Schedule of District Regulations section within this title as permitted within the underlying zone of the property. For instance, if the zone of the property is R-2-DA-P, the underlying zone is R.
         b.   Shall require a city issued business license.
         c.   Shall not require a home occupation permit.
      2.   Class B home occupations:
         a.   Shall be those uses conducted entirely within the dwelling or accessory structure, except that, outdoor swimming lessons and dog training classes shall be permitted.
         b.   Shall require a city issued business license.
         c.   Shall not require a home occupation permit.
      3.   Class C home occupations:
         a.   Shall be those uses including activities conducted outside of the dwelling or accessory structure, except for those uses classified as Class A or B home occupations.
         b.   Shall require a city issued business license.
         c.   Shall require City Council approval of a home occupation permit if deemed to be in compliance with Eagle City Code with conditions assuring said compliance.
         d.   Shall have the outdoor area of use designed to assure no damage results to adjacent property.
         e.   No outdoor display or storage of unregistered vehicles, vehicle parts, materials, goods, supplies or equipment shall be allowed on the premises, except for lawfully parked registered vehicles.
         f.   Shall have a minimum of forty feet (40') between the outdoor area of use and the property line.
         g.   Shall have a minimum of two (2) acres for sports fields, sports courts, horse riding lessons, and other similar uses as may be determined by the City Council.
         h.   Shall have a minimum of three (3) acres for uses such as small wedding venues and other similar uses as may be determined by the City Council.
         i.   Shall include conditions of approval specified by the City Council to regulate the hours of operation, days of operation, number of events, numbers of employees/customers/patrons/attendees, and other conditions specifically related to the proposed use to assure compliance with this chapter.
         j.   Within seven (7) calendar days after a written decision has been rendered by the City Council, the Zoning Administrator shall provide the applicant with written notice of the action on the request.
         k.   The home occupation permit shall be valid for a maximum of five (5) years at which time a new permit shall be required.
      4.   Regulations Applicable to All Home Occupations:
         a.   The operator of every home occupation shall reside in the dwelling unit on the property where the home occupation operates or on an adjacent property owned by the same.
         b.   A home occupation must be conducted within a dwelling unit, within an approved accessory structure, or outdoors in accordance with this section.  Parcels on which the home occupation is located may be adjacent to the parcel in which the dwelling unit is located so long as the adjacent parcels are under the same ownership.
         c.   For home occupations conducted within a dwelling unit the total area used for the home occupation shall not exceed twenty five percent (25%) of the total floor area of the dwelling.
         d.   For home occupations conducted within an accessory structure, the entire area of an accessory structure may be used for the home occupation provided the use within the structure is permitted by the building code adopted by the city.
         e.   The home occupation business must be clearly incidental to the residential use of the property.
         f.   No alteration of the exterior of the dwelling in which the home occupation is being conducted shall be made which changes the character thereof as a dwelling.
         g.   No advertising or business signs are permitted in conjunction with the home occupation.
         h.   No outdoor display or storage of unregistered vehicles, vehicle parts, materials, goods, supplies or equipment shall be allowed on the premises, except for lawfully parked vehicles.
         i.   On-site parking for any vehicle primarily used in connection with the home occupation (employees/customers/patrons/attendees) shall be provided on a dust free surface in addition to parking required for the dwelling unit.
         j.   The minimum number of covered parking spaces for the dwelling unit shall not be reduced below the minimum number required by this title.
         k.   Sale of goods on the premises shall be limited to the products produced by the home occupation.
         l.   Deliveries of bulk material other than by mail, local courier, or inter-city courier pertaining to the home occupation shall not exceed one (1) per week and shall be limited to the hours between 8:00 a.m. and 5:00 p.m. Monday through Friday. Further, traffic circulation shall not be restricted or disturbed as a result of a delivery to a home occupation.
         m.   The home occupation shall not interfere with the delivery of utilities or other services to the area.
         n.   The home occupation shall not generate any noise, vibrations, smoke, dust, odor, heat, glare or electrical interference with radio or television transmission in the area that would exceed that which is normally produced by a dwelling unit use.
         o.   No toxic, explosive, flammable, radioactive or other restricted or hazardous material shall be used, sold or stored on the site.
         p.   The home occupation shall at all times comply with all applicable city codes and the requirements of other regulatory agencies having jurisdiction.
      5.   Prohibited Home Occupations:
         a.   The following uses are prohibited for home occupation use:
 
Residential:
Mobile home (single unit) (primary residence)
Mobile home (single unit) (temporary living quarters)
Mobile home court (RV)
Mobile home park
Multi-family dwelling
Planned unit development
Two-family dwelling
Commercial:
Adult business
Airport
Ambulance services
Arts and crafts shows
Auction facility
Automotive body shop
Automotive emission testing facility
Automotive gas station or fuel islands
Automotive gas station/service shop
Automotive, mobile home, travel trailer, and/or farm implement sales
Automotive repair
Automotive storage
Automotive vehicle vinyl wrap shop
Automotive washing facility
Bakery plant (wholesale)
Banks/financial institutions (no drive-up service)
Banks/financial institutions (with drive-up service)
Bar
Building supply outlet
Cabinet shop
Cemetery
Childcare:
Group Daycare Facility (7-12 children)
Daycare Center (13+ children)
Christmas tree sales
Circuses and carnivals
Club or lodge
Coffee roasting facility
Commercial entertainment facilities (indoor)
Commercial entertainment facilities (outdoor)
Communication facilities
Contractor's yard and/or shop
Convenience store with fuel service
Convenience store with no fuel service
Detention facilities
Drive-in theater
Drugstore
Electronic sales, service, or repair shop
Emergency healthcare
Emergency services
Equipment rental and sales yard
Flex space
Food and beverage sales
Hardware store
Heliports
Home and business services
Hospital
Hotel
Institution
Kennel
Laboratories
Laundromat
Laundry (with drive-up service)
Laundry (with no drive-up service)
Live entertainment events
Microbrewery
Mobile office
Mortuary
Motel
Nonprofit rehabilitation center
Nursing/convalescent home
Office, medical and dental - however, counseling services are permitted
Parking lot, parking garage
Parking lot, parking garage, commercial
Pawnshops (auto)
Pawnshops (general)
Personal wireless facilities (enclosed building, height - 35' or less)
Personal wireless facilities (enclosed building, height - over 35')
Personal wireless facilities (height - 35' or less)
Personal wireless facilities (height - 36' - 50')
Personal wireless facilities (height - over 50')
Restaurant (drive-in)
Restaurant (no drive-through)
Restaurant (with drive-through)
Retail sales (general)
Retail sales (limited)
Retail sales (pharmacies and medical)
Shopping center
Shopping mall
Sign shop, including painting
Small engine repair (mower, chain saws, etc.)
Storage (fenced area)
Tattoo parlors and body piercing establishments
Tire shop, including recapping
Trade fair
Travel services
Truck stop
Upholstery shop
Vet clinic (animal hospital)
Welding, tool shop
Winery
 
         b.   As determined by the Zoning Administrator, uses that are not consistent with this chapter and that impair the integrity of and/or exert a negative influence on the residential neighborhood in which they are located, and/or other uses similar to those prohibited home occupation uses listed in this section shall be prohibited.
         c.   All uses listed under the Industrial classification within the Official Schedule of District Regulations shall be prohibited.
         d.   Repair or painting of motorized vehicles such as repair or painting/wrapping of autos, trucks, trailers and boats, except that hobbyist restoration of vehicles is permitted if entirely enclosed within an accessory structure or garage and all other conditions herein are satisfied.
         e.   Upon the submittal of a waiver application and findings adopted by the zoning administrator addressing compliance with the following criteria, the use(s) noted in subsection a. above may be permitted:
            (1)   Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;
            (2)   Will not be hazardous or disturbing to existing or future neighborhood uses;
            (3)   Will be compatible with the scale and design of the structures and overall existing development pattern of the surrounding area;
            (4)   Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
            (5)   If the waiver application is denied, the decision may be appealed in accordance with chapter 7 of this title. If no appeal is submitted, the decision is final.
   M.   Mobile Home Park 1 :
      1.   Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;
      2.   Will not be hazardous or detrimental to existing or future neighboring uses;
      3.   Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage, refuse disposal and schools; or that the persons or agencies responsible for the establishment of the proposed park shall be able to provide adequately any such service;
      4.   Will be consistent with the intent and purpose of this title and the comprehensive plan;
      5.   Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets or roads;
      6.   Will not result in the destruction, loss or damage of natural, scenic or historic features of major importance;
      7.   Will meet the minimum health standards as set forth by the Idaho State Department of Health and Welfare; and
      8.   Will have a minimum total area for the mobile home park of five (5) acres.
   N.   Outdoor Storage Of Commercial And Industrial Materials:
      1.   Will be screened from view from any existing, adjoining residence or residentially zoned area, whether or not such property is separated by an alleyway or street; and
      2.   Will not be located in any front yard setback area.
   O.   Riding Stables And Schools:
      1.   Will locate all stables or loafing sheds not nearer than three hundred feet (300') from any residence, except for an owner's residence. All facilities shall be set back a distance of thirty feet (30') from any property line;
      2.   Will be designed and located with full consideration being given to their proximity to adjacent uses and their effect upon adjacent and surrounding properties, as to the storage of horse trailers, and the factors of noise and odor; and
      3.   Will require that the owner or operator of such use shall have a continuous obligation to maintain adequate housekeeping practices and to prevent the creation of a nuisance.
   P.   Rifle And Pistol Range:
      1.   Will be designed with a backstop;
      2.   Will be designed to avoid a line of fire that is directed toward any residence or business within one mile;
      3.   Will incorporate landscaping that is compatible with the surrounding landscaping; and
      4.   Will provide supervision and security measures during periods of use.
   Q.   Sanitary Landfill:
      1.   Will conform to time limits for daily operation as defined by the council;
      2.   Will provide a surety, for privately owned sites, to ensure compliance with the provisions of the zoning certificate;
      3.   Will provide for a paved street to the facility; and
      4.   Will be supervised during the hours of operation.
   R.   Wrecking Yard:
      1.   Will be completely enclosed by a solid six foot (6') high or higher site obscuring fence;
      2.   Will not result in the storage of automobile, junk or salvage material that is visible from any public right of way;
      3.   Will not result in the storage of automobiles that exceed the height of the fence; and
      4.   Will have such landscaping that is appropriate with the surrounding area.
   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 community, 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.
            (2)   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 all residential (R) districts.
         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 provides 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 camouflaged or concealed, not readily identifiable as such, designed to be aesthetically compatible with existing and proposed uses on the site in the public/semipublic district unless installed in accordance with subsection S2d(1) of this section.
      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-fourth (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.
            (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.
         b.   Personal 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.
         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.
         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.
         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 set back a minimum distance of two (2) times the height of the tower from the property line of any residential dwelling.
         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.
         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.
         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:
         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:
         a.   It shall be unlawful for any person to erect, construct, reerect, 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. 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.   Personal wireless facilities in excess of thirty five feet (35') in height and not contained within a building 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 foregoing, 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 restricted area.
EXHIBIT A
 
   T.   Motorized Watercraft:
      1.   The operation of motorized watercraft, including, but not limited to, any outboard or inboard motorboats, personalized watercraft, or any other motorized or jet propelled watercraft are prohibited upon the ponds, lakes, streams, and all other waterways within the City limits.
      2.   This prohibition will not include use of motorized watercraft on the Boise River within the City limits, as jurisdiction over the Boise River is governed by the State of Idaho.
      3.   The use and operation of motorized watercraft by emergency service personnel within the City limits are exempt from the provisions within this subsection.
   U.   Accessory Dwelling Units:
      1.   The minimum lot size for the inclusion of an accessory dwelling unit is seventeen thousand (17,000) square feet or greater unless otherwise approved as part of a development agreement or PUD. Accessory dwelling units on lots of seventeen thousand (17,000) square feet or less shall count as a unit for the purpose of calculating development density.
      2.   The maximum size of the accessory dwelling shall be as follows:
 
Lot Size
Accessory Dwelling
Unit Maximum Size
5,000 to 7,499 square feet1
500 square feet
7,500 to 16,999 square feet1
640 square feet
17,000 to 39,999 square feet
800 square feet
40,000 square feet or greater
1,200 square feet
 
   Note:
   1.    See subsection U1 of this section.
 
      3.   Accessory dwelling units may only be located to the rear or side of the principal dwelling and shall not be located in front of the front plane of the principal structure unless otherwise permitted as part of a development agreement or PUD approval.
      4.   Accessory dwelling units must comply with all required setback and lot coverage limitations for the principal dwelling for the underlying zone.
      5.   Detached accessory dwelling units shall meet minimum building separation standards as described in the building code.
      6.   All accessory dwelling units require a zoning permit to be issued prior to the issuance of a building permit.
      7.   An existing principal single-family dwelling shall exist on the lot or shall be constructed and shall obtain an occupancy permit prior to or in conjunction with the accessory unit.
      8.   Only one accessory dwelling unit shall be allowed for each parcel.
      9.   Exterior design of the accessory dwelling unit will be compatible with the principal residence on the lot and not detract from the single-family appearance of the lot or obscure and confuse the front entrance of the principal structure.
      10.   Accessory dwelling units shall comply with the off street parking requirements for apartment and multi-family dwellings under section 8-4-5 of this title.
      11.   The entrance to the accessory dwelling unit shall not be permitted to face toward the street unless the accessory unit is located completely behind the rear plane of the principal structure.
      12.   The accessory dwelling unit shall not be sold separately.
(Ord. 40, 10-1978, rev. 9-1980; amd. 1985 Code; Ord. 294, 5-13-1997; Ord. 422, 4-23-2002; Ord. 465, 3-23-2004; Ord. 683, 11-27-2012; Ord. 699, 5-28-2013; Ord. 672, 12-10-2013; Ord. 756, 8-23-2016; Ord. 792, 6-26-2018; Ord. 794, 2-12-2019; Ord. 809, 4-9-2019; Ord. 820, 12-10-2019; Ord. 827, 10-22-2020)

 

Notes

1
1. See also title 7, chapter 3 of this Code.