Certain land uses may pose special circumstances that may have detrimental effects on surrounding land uses and require specific conditions. In addition to the other requirements of these standards, the following standards apply to the uses listed in this chapter. If the proposed use does not meet the standards contained herein, and is otherwise not subject to a conditional use permit, then a conditional use permit shall be required.
A. Aggregate Processing, Asphalt, And Concrete Batch Plants: Aggregate processing, asphalt, and concrete batch plants are permitted with a conditional use permit subject to the following conditions:
1. The operator shall obtain all required permits and comply with all applicable local, state and federal regulations.
2. The plant(s) shall be erected as a temporary use for the sole purpose of providing asphalt or concrete to support the development of Spring Valley. Aggregate mining operations are prohibited. Retail or wholesale sales outside of Spring Valley shall be prohibited. The plant(s) and all associated structures shall be removed from Spring Valley following cessation of operations.
3. The plant operator shall treat all haul routes and parking areas with an effective dust inhibiting surface. All truck tires shall be washed as they leave the plant sites and pass onto paved access roads to minimize dust associated with the tracking of mud on the paved road. Each load of aggregate shall be wetted by a spray/washing system. To further control dust emanating from trucks, the operator will cover all trucks with tarps.
4. Plant operations must be conducted employing portable equipment which contain and utilize state of the art pollution control features. A seventy foot (70') high silo will be the maximum allowable height for these operations. All other activities shall be maintained within thirty five feet (35') or less in height. The operator shall shield such activities by the use of berms or by recessing operations below grade or by using similar measures to reduce noise, visual impact, and dust on existing and future commercial and residential developments within Spring Valley. Concrete operations shall incorporate an automatic shutoff valve for the cement and fly ash fill tubes. The shutoff valve will prohibit bulkers from overfilling silos and adding particulate matter to the atmosphere.
5. The operator shall take such steps as are necessary to mitigate the visual, noise, dust, and any other impacts on nearby residential and/or commercial development related to the aggregate processing plants, including the primary processing plants, the ready mixed concrete and asphaltic concrete plants. The operator shall comply with the following:
a. Prior to startup, all plant facilities shall be shielded, both visually and audibly through berming, walls, and/or recessing such facilities below ground level from the existing and future residential and commercial development. The maximum noise level at the property line shall be seventy (70) dB. See also buffer area and screening requirements in chapter 3 of this title.
b. The operator shall pave or treat all access roads, haul roads and parking areas with an effective dust inhibiting surfacing. The operator shall submit a plan to the city showing planned treatment of all access roads, haul roads, and parking areas.
c. The operator shall install and utilize an effective truck spray/washing system at the plant site exit. All trucks will be washed as they leave the plant site. The operator shall clean the access road(s) at a frequency that effectively controls material buildup and associated dust or other hazards.
d. The operator shall at all times keep the plant sites and excavation sites free from the accumulation of waste materials, rubbish, debris and toxic or hazardous materials caused by his/her operations and operations of any subcontractors.
e. Ready mixed concrete and asphaltic concrete batch plants shall be portable facilities employing state of the art production and pollution control features.
f. The operator shall install and utilize an effective system to control spillage of diesel fuel and other materials used to clean or coat trucks used to transport asphaltic concrete.
g. The operator shall comply with fire department regulations for all tanks containing fuel or hazardous materials.
h. The operator shall take steps necessary to eliminate dust, sand and other materials from being blown from trucks leaving the plant sites and excavation sites. These steps shall include wetting of material after loaded onto trucks and truck covers.
i. The primary processing plant shall be located and operated in those locations where it does not have a sustained noticeable impact on residential and/or commercial developments. It is anticipated that the impact from the primary plant will be dependent on its distance from residential/commercial development, combined with the length of time the plant shall be located at the specific plant site. At a minimum, the plant shall be located five hundred feet (500') from any residential property.
j. Trucks shall not use compression brakes within Eagle city limits, except as allowed under subsection 5-7-1A of the Eagle city code.
k. All lights, except those on mobile equipment, shall be directed downward and shielded to the extent possible so as not to shine toward any occupied residences within one-half (1/2) mile.
l. Location of the aggregate processing equipment and plant and hours of operation shall be submitted to the city for administrative approval. Normal operations are six o'clock (6:00) A.M. to eight o'clock (8:00) P.M. Monday through Saturday from June through September and seven o'clock (7:00) A.M. to eight o'clock (8:00) P.M. Monday through Saturday during other months.
6. Plants shall require site plan review and conditional use approval by the city.
7. The operator shall submit a demobilization and site cleanup plan with the conditional use permit application. The plan shall include the requirement for the operator to engage a licensed engineer to perform a phase 1 environmental site assessment (ESA) upon demobilization of the plants, and, if recommended by the phase 1 ESA, the operator shall perform a phase 2 ESA and perform all required cleanup operations.
8. The conditional use permit shall set forth the duration of the use.
9. A change in location, expansion, or an extension of time period for use shall require a new conditional use permit.
B. Agriculture: The feeding or sheltering of livestock or poultry in penned enclosures shall not occur within one hundred feet (100') of any residential property other than on the property for which the livestock is being fed or sheltered. The operation or maintenance of a commercial feedlot or stockyard where large numbers of livestock are fed concentrated feeds particularly for the purpose of fattening for market is prohibited.
C. Auto Body Shops:
1. The use shall be located a minimum of two hundred feet (200') from any residential property as measured from the building to the residential property line in a straight line. In addition, the use shall be buffered from the residential property and landscaped pursuant to the buffer area and screening requirements in chapter 3 of this title.
2. No used or discarded automotive parts or equipment may be located in any open area outside of an enclosed building.
3. All disabled or wrecked vehicles shall be stored in an area which is screened from view from the surrounding properties and adjoining streets pursuant to the requirements for outdoor storage in this section. Such vehicles shall not be stored on the property longer than twenty one (21) days.
4. All repair work shall be performed within an enclosed building.
5. No equipment or process shall be conducted adjacent to a residential use which creates noise, glare, vibration, fumes, odor or electrical interference detectable to the normal senses from off of the lot.
D. Auto Gas Stations/Service Shops:
1. The use shall be located a minimum of two hundred feet (200') from any residential property as measured from the building to the residential property line in a straight line. In addition, the use shall be buffered from the residential property and landscaped pursuant to the buffer area and screening requirements in chapter 3 of this title.
2. Uses permissible at auto gas stations/service shops do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found at an automotive gas station/service shop. An auto gas station/service shop is not a repair garage or a body shop.
3. The following services may be provided:
a. Sales and service of spark plugs, batteries and distributors' parts.
b. Tire servicing and repair, but not recapping or regrooving.
c. Replacement of mufflers and tailpipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and blades, grease retainers, wheel bearings, mirrors and the like.
d. Radiator cleaning and flushing.
e. Washing, polishing and sale of washing and polishing materials.
f. Greasing and lubrication.
g. Replacing and repairing fuel pumps, oil pumps, and lines.
h. Minor servicing and repair of carburetors.
i. Adjusting and repairing brakes.
j. Minor motor adjustment not involving removal of the head or crankcase or racing the motor.
k. Sales of beverages, packaged food, tobacco and similar convenience goods for service station customers, as accessory and incidental to principal operations.
l. Sales of alternative fuels such as natural gas and ethanol.
m. Provisions of road maps and other informational materials to customers and provision of restroom facilities.
n. Warranty maintenance and safety inspections.
o. Emissions testing.
p. Car washing that meets the requirements for car washes in this section.
4. Such uses shall be buffered from a residential property pursuant to chapter 3 of this title.
5. No equipment or process shall be conducted adjacent to a residential use which creates noise, glare, vibration, fumes, odor or electrical interference detectable to the normal senses from off of the lot.
6. Sales of alcoholic beverages shall conform to the provisions of Idaho and city code. The sale of packaged liquor, beer, wine and coolers is subject to approval of a conditional use permit by the city.
E. Auto Repair And Service Shops, Major (Including Tow Service):
1. The use shall be located a minimum of two hundred feet (200') from any residential property as measured from the building to the residential property line in a straight line. In addition, the use shall be buffered from the residential property and landscaped pursuant to chapter 3 of this title.
2. The operating hours shall be limited to between seven o'clock (7:00) A.M. and eight o'clock (8:00) P.M.
3. The use shall be located on a site with other commercial development with an overall minimum size of ten (10) acres.
4. All repair and service work shall be done within a completely enclosed building.
5. Storage of stock, equipment or used or discarded auto parts located in any open area outside of an enclosed building shall be screened from view pursuant to the requirements for outdoor storage in this chapter.
6. All disabled vehicles shall be stored in an area which is screened from view from the surrounding properties and adjoining streets pursuant to the requirements for outdoor storage in this section.
7. No equipment or process shall be conducted adjacent to a residential use which creates noise, glare, vibration, fumes, odor or electrical interference detectable to the normal senses from off of the lot.
F. Auto Repair And Service Shops, Minor:
1. The use shall be located a minimum of two hundred feet (200') from any single-family residential property and a minimum of one hundred feet (100') from any multi-family property as measured from building to the residential property line in a straight line. In addition, the use shall be buffered from the residential property pursuant to chapter 3 of this title.
2. The use shall be located on a site with other commercial development with an overall minimum size of five (5) acres.
3. All repair and service work shall be done within an enclosed building or otherwise screened from adjacent properties.
4. Storage of stock, equipment, or used or discarded automotive parts located in any open area outside of an enclosed building shall be screened from view pursuant to the requirements for outdoor storage in this section.
5. All disabled vehicles shall be stored in an area which is screened from view from the surrounding properties and adjoining streets pursuant to the requirements for outdoor storage in this section.
6. Permitted minor auto mechanical repair and service facilities shall be limited to the following kinds of activities:
a. Electronic tune ups.
b. Brake repairs (including drum turning).
c. Air conditioning repairs.
d. Generator and starter repairs.
e. Tire installation and repairs.
f. Front end alignments.
g. Battery recharging.
h. Emissions testing.
i. Lubrications.
j. Selling/installing minor parts and accessories.
k. Repairing and installing other minor elements of an automobile such as windshield wipers, hoses and windows, but excluding engine, transmission and differential repair or installation.
7. No equipment or process shall be conducted adjacent to a residential use which creates noise, glare, vibration, fumes, odor or electrical interference detectable to the normal senses from off of the lot.
G. Auto/Truck Rental Agencies:
1. The installation and use of an outside public address or bell system is prohibited.
2. Any used or discarded automotive parts or equipment located in any open area outside an enclosed building must be screened from view pursuant to the requirements for outdoor storage in this section.
3. Such uses shall be buffered from any residential property pursuant to the buffer area and screening requirements in chapter 3 of this title.
4. All exterior lighting shall be screened or otherwise designed so as not to shine directly onto any adjacent parcel of land.
H. Auto And Recreational Vehicle Sales, New And/Or Used:
1. Major and minor auto repair and service shops are permitted as part of the facility.
2. No equipment or process shall be conducted adjacent to a residential use which creates noise, glare, vibration, fumes, odor or electrical interference detectable to the normal senses from off of the lot.
3. Any used or discarded parts or equipment located in any open area outside an enclosed building shall be screened from view pursuant to the requirements for outdoor storage in this section.
4. Such uses shall be buffered from any residential property pursuant to chapter 3 of this title.
5. The installation and use of an outside public address or bell system is prohibited.
6. All exterior lighting shall be screened or otherwise designed so as not to shine directly onto any adjacent parcel of land.
7. No commercial activities, other than those included in and incidental to the operation of the facility, shall be conducted on site.
I. Bars, Pubs, Clubs (Public And Private), And Nightclubs:
1. Bars, pubs, public and private social clubs, and nightclubs serving alcohol shall comply with city code and shall obtain a permit from the city. Such uses shall also comply with Idaho Code.
2. When a bar, pub, public and private social club or nightclub is provided as a part of a restaurant, it is considered an accessory use to the restaurant.
3. Such uses shall be buffered from any residential property per chapter 3 of this title.
J. Bed And Breakfast Facilities:
1. The facility shall have no more than four (4) guestrooms and twelve (12) guests at one time.
2. No cooking shall be allowed in guestrooms. The only meal to be provided guests shall be breakfast, and it shall only be served to guests taking lodging in the facility.
3. Bath facilities shall be shared by no more than two (2) guestrooms.
4. One off street parking space shall be provided for each guestroom and each employee.
5. One freestanding, unlighted identification sign, not exceeding twenty (20) square feet in area, shall be allowed in the front yard. One small, unlighted announcement sign, not exceeding six (6) square feet in area, may be attached to and parallel with the front porch or wall of the building.
K. Car Washes:
1. All businesses providing self-service or drive-through car wash facilities shall identify the stacking lane and wash location on the site plan.
2. If within the NC district, a car wash facility shall be allowed only as an accessory use to a gasoline or diesel fuel sales facility. The car wash facility shall be limited in capacity to a single vehicle.
3. A one hundred foot (100') separation shall be maintained between a car wash facility (which includes, without limitation, buildings and vacuum islands) and any residential property line. In addition, such facility shall be buffered from any residential property pursuant to chapter 3 of this title.
4. Drive aisles along any property lines shall be screened pursuant to chapter 3 of this title.
5. Vehicle stacking lanes shall be available on the property but outside the car wash facility entrance. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right of way by patrons. Such stacking lanes shall be separate from areas required for access and parking.
6. The installation and use of an outside public address or bell system is prohibited.
L. Carnivals And Circuses:
1. All structures or outdoor use areas shall maintain a minimum setback of two hundred feet (200') from all abutting residential districts.
2. Such uses shall require a temporary use permit and a vendor permit from the city and shall be permitted for not more than seven (7) days.
M. Childcare Facilities:
1. There shall be a minimum of thirty five (35) square feet of net floor area indoors per child. This space shall be measured wall to wall in rooms that are regularly used by the children, exclusive of halls, bathrooms, and kitchen.
2. On site vehicle pick up and turnaround areas shall be provided to ensure safe discharge and pick up of children.
3. No portion of the facility shall be within three hundred feet (300') of hazardous material storage, flammable substance storage, gasoline or diesel fuel sales facility, brewery or winery.
4. An outdoor play area shall be provided that is sized to provide one hundred (100) square feet per child for the number of children using the play area at any one time. This requirement may be waived if the facility is within two hundred fifty feet (250') of a park or open space lot or a pathway connecting to a park or open space lot that can be used by the children.
5. Family/home daycare facilities require a home occupation permit and are subject to the childcare regulations of the city.
N. Community Information Centers: A community or residential sales office use is allowed within the center until project build out.
O. Construction Office, Temporary:
1. A construction office requires a zoning permit from the city.
2. A construction office requires a site plan review and approval by the zoning administrator.
3. The applicant shall provide a specific time line for the duration of the use.
4. Parking shall be provided pursuant to chapter 5 of this title.
5. A construction office is allowed during the construction of the associated project and shall be removed from the site prior to the issuance of an occupancy permit for the last home/structure within the project.
P. Construction Yard, Temporary:
1. A construction yard requires a zoning permit from the city.
2. A construction yard requires a site plan review and approval by the zoning administrator.
3. The applicant shall provide a specific time line for the duration of the use.
4. Parking shall be provided pursuant to chapter 5 of this title.
5. A construction office is allowed during the construction of the associated project and shall be removed from the site prior to the issuance of an occupancy permit for the last home/structure within the project.
6. When located within or adjacent to a developed and occupied area and the duration of use exceeds eighteen (18) months the yard shall be screened from view.
Q. Convenience Stores:
1. A convenience store that includes fuel sales shall be located on a site within a commercial development with an overall minimum size of one acre and the use shall be located a minimum of two hundred feet (200') from any residential property. The distance shall be measured from building to residential property line in a straight line. In addition, the use shall be buffered from a residential property pursuant to chapter 3 of this title.
2. A convenience store that sells alcoholic beverages shall conform to the following:
a. Approval of a conditional use permit by the city.
b. Provisions of Idaho and city code.
3. A convenience store that includes fuel sales shall be regulated as a gas station.
4. Any convenience store (with or without fuel sales) wishing to operate before six o'clock (6:00) A.M. or after eleven o'clock (11:00) P.M. or for twenty four (24) hours a day will require a conditional use permit.
R. Dwelling, Accessory:
1. No more than one accessory dwelling shall be permitted on a lot.
2. The minimum lot size that will support an accessory dwelling is six thousand (6,000) square feet.
3. The maximum size of an accessory dwelling shall be as follows:
Lot Size | Maximum Size |
6,000 - 7,500 square feet | 500 square feet |
7,501 - 10,000 square feet | 640 square feet |
Over 10,000 square feet | 800 square feet |
4. An accessory dwelling shall meet the setback requirements for the principal dwelling and:
a. Shall be limited to one bedroom.
b. Shall be no taller than the principal dwelling.
c. Shall be architecturally compatible with the principal dwelling and shall be similar in appearance, materials and color as the principal dwelling.
d. If located in the front of the principal dwelling, shall not dominate the facade of, nor obstruct the view of the main entrance to the principal dwelling when viewed from the street.
e. Shall not have direct access visible from the street on which the principal dwelling fronts.
f. Shall have a minimum separation of six feet (6') from the principal dwelling if detached from the principal dwelling.
g. Shall not exceed thirty percent (30%) coverage of the rear or side yard area.
5. If the accessory dwelling is above the ground floor and access thereto is by a stairwell, the stairwell shall be enclosed within the structure or have a solid guardrail that extends to the ground and shall not be perpendicular to an adjacent street, alley or residence.
6. Parking for an accessory dwelling shall be in addition to the required parking for the principal dwelling. Parking may be provided in tandem on a driveway with the principal dwelling.
7. The principal dwelling shall be owner occupied.
8. An accessory dwelling shall not be sold separately from the principal dwelling.
S. Electric Substations:
1. A substation located subsequent to a preliminary plat shall be a conditional use.
2. Such use shall be buffered from adjacent uses pursuant to chapter 3 of this title.
T. Entertainment Facilities:
1. Golf Driving Ranges: Accessory sales and rental of golf equipment shall be allowed. Golf driving ranges shall be designed to protect abutting property and roadways from golf balls. An illuminated golf driving range shall be located a minimum of three hundred feet (300') from a residential property as measured from any light standard to the residential property line in a straight line. The distance shall be measured from the edge of the driving range to the residential property in a straight line. Such lighting shall comply with the sports lighting criteria in chapter 3 of this title and shall be turned off by ten o'clock (10:00) P.M.
U. Equestrian Centers:
1. Equestrian centers in the RR and ER districts which are open to the public and are located prior to or in conjunction with a preliminary plat within a PUMP shall be a permitted use. Such equestrian centers located subsequent to a preliminary plat shall be a conditional use. Equestrian centers in the RR and ER districts which are for personal use are permitted uses.
2. Stables and loafing sheds shall have a minimum separation of three hundred feet (300') from any residence, except for an owner's residence. In addition, all facilities shall be set back a minimum distance of thirty feet (30') from any property line.
3. Equestrian centers shall be designed and located with full consideration given to their proximity to adjacent uses and their effect on adjacent and surrounding properties as to the storage of horse trailers and the factors of noise and odor.
4. 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.
V. Equestrian Lots:
1. Horses may be kept on residential lots only in the RR and ER districts and are restricted to lots that are a minimum of two (2) acres. Two (2) horses are allowed on a two (2) acre lot and one additional horse is allowed for each additional one-half (1/2) acre. Acres shall be rounded to the nearest whole number to determine total horses per lot.
2. Accessory structures such as barns and stables, indoor and outdoor riding facilities, storage buildings and similar structures shall meet the setback requirements of the applicable residential district.
3. Barns and stables, covered or indoor riding facilities, storage buildings and similar structures shall not exceed forty percent (40%) of the lot area.
W. Farmers' Markets: Farmers' markets shall operate for no more than one hundred twenty (120) days in a calendar year and shall require a temporary use permit and vendor permit from the city.
X. Fire/Police Stations: A fire or police station located prior to or in conjunction with a preliminary plat within a PUMP shall be a permitted use. A station located subsequent to a preliminary plat shall be a conditional use.
Y. Flex Space:
1. The gross floor area of each building used as flex space shall be a maximum of thirty thousand (30,000) square feet.
2. Loading docks, if present, shall be at the rear of the structure and shall be screened from view from street and neighboring uses. Loading ramps shall be designed to discourage tractor-trailer use. Such structures shall be buffered from neighboring uses pursuant to chapter 3 of this title.
3. Hours of operation shall be limited to between six o'clock (6:00) A.M. and ten o'clock (10:00) P.M.
Z. Holiday/Seasonal Sales:
1. All holiday/seasonal sales require a zoning permit and a vendor's license for the city.
2. All holiday/seasonal sales require a site plan review and approval by the zoning administrator.
3. Parking shall be provided pursuant to chapter 5 of this title.
4. Holiday/seasonal sales are allowed for up to thirty (30) days. All zoning permits shall establish a sunset date for the use.
AA. Home Occupations: 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 RR, ER, SF1, SF2, SF3, SFZL, SFSL, SFA, MF1, or MF2 the underlying zone is Residential.
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 conditional use permit for the 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.
BB. Hotels And Motels:
1. Hotels and motels shall be designed and developed to fit into the unique and special environs of Spring Valley and shall be subject to the setback standards of the land use district within which the use is located.
2. A maximum height of fifty two feet (52') may be allowed in the CC district with a conditional use permit.
CC. Kennels And Pet Shops:
1. All animals shall be confined within an enclosed area or on a leash at all times.
2. Kennels and pet shops shall 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 the factors of noise and odor to a minimum.
3. Pet boarding kennels shall be operated with an attendant present on the premises twenty four (24) hours a day.
4. Outside runs shall have a minimum five hundred foot (500') separation between any dwelling, except the owner's dwelling, as measured from the run to the dwelling in a straight line. The administrator may modify this requirement if the animals are completely housed in soundproof structures that completely screen them from view from the abutting residential property.
5. Adequate fencing shall be provided for outdoor runs to restrain animals from running at large. At a minimum, the animals shall be enclosed within a six foot (6') fence or wall. Electronic fences shall not be used as the sole method of restraining animals.
6. In residential districts, pet boarding kennels will only be allowed in ER or RR districts as an accessory use. In addition, the use shall be buffered from other residential properties pursuant to chapter 3 of this title.
DD. Libraries: A library approved prior to or in conjunction with a preliminary plat within a PUMP shall be a permitted use. A library approved subsequent to a preliminary plat shall be a conditional use.
EE. Liquor Stores: All businesses which sell alcoholic beverages shall conform to the provisions of the Idaho and city code. The sale of packaged liquor, beer, wine and coolers is subject to approval of a conditional use permit by the city.
FF. Living Quarters, Accessory:
1. No more than one living quarters structure shall be permitted on a lot.
2. The minimum lot size that will support living quarters is five thousand (5,000) square feet.
3. The maximum size of a living quarters structure shall be as follows:
Lot Size | Maximum Size |
5,000 - 7,500 square feet | 500 square feet |
7,501 - 10,000 square feet | 640 square feet |
Over 10,000 square feet | 800 square feet |
4. A living quarters structure shall meet the setback requirements for the principal dwelling and:
a. Shall be limited to one bedroom.
b. Shall not contain cooking facilities (220V wiring).
c. Shall be no taller than the principal dwelling.
d. Shall be architecturally compatible with the principal dwelling and shall be similar in appearance, materials and color as the principal dwelling.
e. If located in the front of the principal dwelling, shall not dominate the facade of, nor obstruct the view of the main entrance to the principal dwelling when viewed from the street.
f. Shall not have direct access visible from the street on which the principal dwelling fronts.
g. Shall have a minimum separation of six feet (6') from the principal dwelling if detached from the principal dwelling.
h. Shall not exceed thirty percent (30%) coverage of the rear or side yard area.
5. If the living quarters are above the ground floor and access thereto is by a stairwell, the stairwell shall be enclosed within the structure or have a solid guardrail that extends to the ground and shall not be perpendicular to an adjacent street, alley or residence.
6. The principal dwelling shall be owner occupied.
7. Living quarters shall not be sold separately from the principal dwelling.
GG. Manufacturing, Light:
1. Light manufacturing operations are permitted to produce products for retail sale and wholesale distribution. It is intended that such uses shall not generate conditions which are typical of many manufacturing and industrial operations, such as noise, smoke, objectionable odors, dust, noxious gases and other industrial wastes, vibrations, glare, heat and fire hazards.
2. All exterior storage of material shall be in sturdy containers or enclosures which screen such material from surrounding properties and abutting streets and comply with the requirements for outdoor storage requirements in this chapter. Storage containers for flammable materials shall be constructed of nonflammable material and shall meet the requirements of the international fire code.
3. No dust fumes, smoke, or vibrations above ambient levels (levels of the surrounding environment) shall be detectable from adjacent parcels.
4. Such use shall be buffered from any residential property pursuant to chapter 3 of this title.
HH. Mortuaries/Funeral Homes: All phases of the operation of a mortuary/funeral home, other than those related to transport and servicing, shall be within a completely enclosed building.
II. Motion Picture/Radio/Television Production Facilities: Outdoor facilities shall be buffered from residential properties pursuant to chapter 3 of this title.
JJ. Outdoor Storage:
1. Outdoor storage areas shall be screened by a minimum six foot (6') high solid wall or fence along any property line that adjoins a residential lot and the use shall be buffered from a residential lot pursuant to the buffer area and screening requirements in chapter 3 of this title.
2. Outdoor storage of chemicals, pesticides and fertilizers shall have fire protection, storage area, handling and disposal as approved by the fire district.
3. Outdoor storage shall not be located in any front yard setback area and shall not block sidewalks or parking areas or impede vehicular or pedestrian traffic.
4. No commercial activities, other than those associated with the principal use of the property are permitted.
5. The commercial repair of motor vehicles, boats, trailers and other like vehicles is prohibited.
6. The operation of spray painting equipment, power tools, welding equipment or other similar equipment is prohibited.
7. The production, fabrication or assembly of products is prohibited.
8. Outdoor storage in a residential district shall only be allowed as an accessory use.
KK. Plant Nurseries/Sod Farms, Retail And Wholesale:
1. Outdoor mechanical equipment (including, but not limited to, heaters and fans) shall not be located within fifty feet (50') of a property line. To reduce noise, permanently mounted mechanical equipment shall be enclosed to the maximum extent possible.
2. Outdoor storage areas for materials shall comply with the requirements for outdoor storage in this section. The following nursery materials shall be exempt from this requirement:
a. Growing plants in ground or in containers.
b. Wood chips, bark, rock, gravel, or similar ground cover material where such storage piles do not exceed six feet (6') in height.
3. The application of fertilizer or process wastewater at agronomic rates shall be deemed a component of the nursery use and shall follow state and local regulations.
4. The following additional standards shall apply for a wholesale and/or retail nursery located within a residential district or adjoining a residential district:
a. Any storage area for material in the process of being converted into compost shall be located a minimum of one hundred feet (100') from any property line.
b. No aerial spraying of the property shall be allowed.
5. Retail plant nurseries are not permitted in the COS and ROS districts (wholesale nurseries only are permitted).
6. Retail plant nurseries are considered an accessory use in the RR and ER residential districts and subject to a conditional use permit.
7. Plant nurseries for the express purpose of growing plant materials for use in Spring Valley or for the city shall be allowed on any parcel as a temporary use. (See temporary construction offices/yards.)
LL. Radio And Television Broadcast Stations: Outdoor facilities shall be buffered from residential property pursuant to chapter 3 of this title.
MM. Recreation Fields, Courts And Other Sports Facilities: Sports field lighting shall meet the criteria requirements in the sports lighting section of chapter 3 of this title.
NN. Recreational Vehicle Storage:
1. The use shall be located a minimum of two hundred feet (200') from any single-family residential property and one hundred feet (100') from any multi-family residential property as measured from the building or storage yard to the residential property line in a straight line.
2. All vehicles shall be stored in an area which is screened from view from the surrounding properties and adjoining streets and shall meet the requirements for outdoor storage in this section.
3. No vehicles shall be stored in the required front setback area.
4. No commercial activities, other than those associated with the principal use of the property are permitted.
5. The commercial repair of motor vehicles, boats, trailers and other like vehicles is prohibited unless the storage facility is adjunct to a body shop, service and repair facility, or recreational vehicle sales establishment.
6. The operation of spray painting equipment, power tools, welding equipment or other similar equipment is prohibited.
7. The production, fabrication or assembly of products is prohibited.
OO. Recycling/Solid Waste Transfer Centers:
1. Outdoor storage areas shall comply with the requirements for outdoor storage in this section.
2. No unsorted material shall be stored outdoors except for after hours donation containers.
3. Any container provided for after hours donation of recyclable materials shall be a minimum of fifty feet (50') from a residential district, shall be of sturdy, rustproof construction, and shall have sufficient capacity to accommodate materials collected.
4. Power driven processing (including, but not limited to, aluminum foils and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of materials) may be allowed when located within an enclosed structure.
5. All recycling center grounds and facilities shall be maintained in an orderly manner so as not to create a public nuisance.
PP. Rental Service/Storage Yards (Large Equipment):
1. Such uses shall be located a minimum of two hundred feet (200') from any single-family residential property and a minimum of one hundred feet (100') from any multi-family property as measured from any building or storage yard to the residential property line in a straight line. In addition, the use shall be buffered from the residential property pursuant to chapter 3 of this title.
2. The installation and use of an outside public address or bell system is prohibited.
3. Outdoor storage areas shall comply with the requirements for outdoor storage in this section.
QQ. Resorts:
1. A resort located prior to or in conjunction with a preliminary plat within a PUMP shall be a permitted use. A resort located subsequent to a preliminary plat shall be a conditional use.
2. A maximum height of fifty two feet (52') may be allowed in residential districts with a conditional use permit.
3. Resorts shall be designed and developed to fit into the unique and special environs of Spring Valley.
RR. Restaurants (With Drive-Through):
1. Such uses shall be designed with landscape/berm(s)/decorative walls to prevent trash from moving onto other properties.
2. A minimum six foot (6') high solid wall or fence shall be provided along any property line that adjoins a residential property and the use shall be buffered from such residential property pursuant to chapter 3 of this title.
3. Adequate trash receptacles shall be provided.
4. Night lighting shall be shielded and not directed toward any residence.
5. Drive-throughs shall be designed so headlights are screened by landscape, berm(s), decorative walls or buildings so they are not visible from the public right of way when vehicles are stopped at the drive-up window.
SS. Roadside Stands:
1. Roadside stands shall operate for no more than one hundred twenty (120) days in a calendar year and shall require a zoning certificate and vendor permit from the city.
2. All structures shall be located outside of the public right of way and shall comply with the accessory structure requirements of the city.
TT. Sales Offices/Trailers, Temporary:
1. A sales office/trailer requires a zoning permit from the city.
2. A sales office/trailer requires a site plan review and approval by the zoning administrator.
3. The applicant shall provide a specific time line for the duration of the use.
4. Parking shall be provided pursuant to chapter 5 of this title.
5. A sales office/trailer is allowed during the construction of the associated project and shall be removed from the site prior to the issuance of an occupancy permit for the last home/structure within the project.
UU. Satellite And Microwave Dishes: Satellite and microwave dishes approved prior to or in conjunction with a preliminary plat within a PUMP shall be a permitted use. Satellite and microwave dishes approved subsequent to a preliminary plat shall be a conditional use.
VV. Shooting Ranges/Gun Clubs:
1. The applicant or owner shall obtain written approval from the federal bureau of alcohol, tobacco, and firearms (ATF).
2. Indoor facilities shall be housed totally within an enclosed structure and designed for safety and noise factors involved in the type of use.
3. If located on the ground level, accessory uses such as gun sales, gun repair, and training courses may be allowed when such uses take up no more than twenty five percent (25%) of the gross floor area on the ground level.
4. If gun sales or gun repair is conducted within the facility, the owner of the indoor shooting range shall secure and maintain a valid federal firearms license from the ATF.
5. The applicant shall provide written documentation that the proposed target backstops conform to the standards for indoor ranges in "The NRA Range Source Book" published by the National Rifle Association.
6. Outdoor shooting ranges are only permissible if owned and operated by a government entity.
7. All ranges shall comply with Idaho Code sections 55-2601 and 67-9102.
WW. Special Care Facilities: Such uses shall comply with Idaho Code.
XX. Special Events:
1. The special event shall require a zoning permit and not operate for a duration longer than seven (7) calendar days without a conditional use permit.
2. Parking shall be provided as required by chapter 5 of this title.
3. Sales of items and goods which are reasonably related to the special event program shall be permitted with a vendor permit from the city.
YY. Veterinary Animal Hospitals And Clinics: If overnight accommodations are provided, they shall comply with the requirements for kennels in this section.
ZZ. Vocational/Trade Schools:
1. Vocational/trade schools located prior to or in conjunction with a preliminary plat within a PUMP shall be a permitted use. Schools located subsequent to a preliminary plat shall be a conditional use.
2. Vocational/trade schools in the ROS district shall be limited to agriculture or related schools and facilities.
AAA. Warehousing, Storage And Ministorage:
1. Ministorage facilities may include the storage of boat and recreational vehicles.
2. The use shall be located a minimum of one hundred feet (100') from any single-family residential property and fifty feet (50') from any multi-family residential property as measured from the building to the residential property line in a straight line. The use shall be buffered from the residential property by a solid wall or fence or berm(s) and landscape, or a combination of both, pursuant to chapter 3 of this title.
3. No more than one manager's or security residence is permitted. Such residence shall not be considered a dwelling unit for the purposes of calculating residential density for Spring Valley.
4. All storage must be within an enclosed building except for the storage of recreational vehicles, which shall be screened from view from surrounding properties and abutting streets and meet the requirements for outdoor storage in this section.
5. No outdoor storage shall be allowed in the required front setback area.
6. No more than twenty percent (20%) of the gross area of the site may be used for outdoor and vehicle storage and shall meet the requirements for outdoor storage in this section.
7. No commercial activities, other than those included in the operation of the ministorage facility, shall be conducted on the site.
8. Retail sale of stored items on the premises is prohibited.
9. The commercial repair of motor vehicles, boats, trailers and other like vehicles is prohibited.
10. The operation of spray painting equipment, power tools, welding equipment or other similar equipment is prohibited.
11. The production, fabrication or assembly of products is prohibited.
BBB. Wastewater Treatment Facilities: Wastewater treatment facilities approved prior to or in conjunction with a preliminary plat within a PUMP shall be a permitted use. Wastewater treatment facilities approved subsequent to a preliminary plat shall be a conditional use.
CCC. Water Storage Facilities: Water storage facilities approved prior to or in conjunction with a preliminary plat within a PUMP shall be a permitted use. Water storage facilities approved subsequent to a preliminary plat shall be a conditional use.
DDD. Wholesaling, Distribution And Storage:
1. The use shall be located a minimum of one hundred feet (100') from any single-family residential property and fifty feet (50') from any multi-family residential property as measured from the building to the property line in a straight line. The use shall be buffered from the residential property by a solid wall or fence, or berm(s) and landscape, or a combination of both, pursuant to chapter 3 of this title.
2. No more than one manager's or security residence is permitted. Such residence shall not be considered a dwelling unit for the purposes of calculating residential density for Spring Valley.
3. No more than twenty percent (20%) of the gross area of the site may be used for outdoor storage and shall meet the requirements for outdoor storage in this section.
4. No commercial activities, other than those included for the operation of the facility, shall be conducted on the site.
5. Retail sale of stored items on the premises is prohibited.
6. The commercial repair of motor vehicles, boats, trailers and other like vehicles is prohibited.
7. The operation of spray painting equipment, power tools, welding equipment or other similar equipment is prohibited.
8. The production, fabrication or assembly of products is prohibited.
EEE. Wineries: Wineries approved prior to or in conjunction with a preliminary plat within a PUMP shall be a permitted use. Wineries approved subsequent to a preliminary plat shall be a conditional use.
FFF. Wireless Communication Facilities: Personal wireless facilities, spires, poles, antennas, steeples, towers, and other such structures. Wireless communication facilities and towers shall comply with the following:
1. Towers In Zoning Districts: Personal wireless facilities including towers supporting amateur radio antennas shall be prohibited in all residential land use districts. 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 zones.
Wireless antennas in nonresidential and open space districts may be permitted to be attached to existing light standards and power line support devices (or replacement equivalent of same height) provided, however, the antenna(s) are either flush mounted or mounted in a manner that provide minimum visual impact. Notwithstanding the foregoing, all provisions of this subsection FFF shall be applicable to wireless antennas located on existing light standards and power line support devices.
2. Collocation Requirements:
a. A proposal for a 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.
3. 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.
4. Tower Setbacks:
a. Towers shall meet the setbacks of the underlying land use district with the exception of mixed use and highway mixed use land use districts, where towers may encroach into the rear setback area, provided that the rear property line abuts another mixed use or highway mixed use 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 land use district in which it is located, the tower shall meet the setback requirement of the land use district except as allowed in subsection FFF4a of this section. If the tower exceeds the height limit of the land use district 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 this requirement conflicts with other setback requirements of this code the setback with the greater distance shall prevail, except as may be allowed in subsection FFF4f of this section.
5. 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.
6. 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').
7. 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.
8. 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.
9. Additional Application Submittal Requirements:
a. In addition to the information required elsewhere in this title, 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.
10. 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 11A-8-4 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.
11. 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.
(2) Any required public notice signs, to be located on a proposed site, shall be required to comply with the requirements for posting of a rezone/subdivision (minimum size of sign face to be 4 feet wide by 4 feet high).
12. Restricted Areas:
a. Telecommunications towers in excess of thirty five feet (35') in height shall not be permitted within the Willow Creek Road corridor.
GGG. 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 FFF, 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.
HHH. 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 GGG 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 GGG. Like-kind replacements shall not require a permit modification.
d. Upon receiving application for post-extraction the City Zoning Administrator shall comply with section 11A-8-4-2 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 GGG, 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. 710, 1-14-2014; amd. Ord. 794, 2-12-2019; Ord. 884, 9-27-2022; Ord. 889, 1-10-2022)