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Home My Public Portal AboutORD 190-02-15_Cell Tower Ordinance_02172015Instrument # 1492613 IDAHO FALLS, BONNEVILLE, IDAHO 3-9-2015 03:57:44 PM No. of Pages: 4 / L Recorded for : CITY OF IONA RONALD LONGMORE Fee: 0.00 rfr Ex-Officio Recorder Deputy Index to: ORDINANCE ORDINANCE NO. 190-02-15 AN ORDINANCE OF THE CITY OF IONA, IDAHO; AMENDING SECTIONS 11-6-3 AND 11-7-3 OF THE IONA ZONING ORDINANCE; PRESERVING PRIOR ORDINANCE; PROVIDING FOR METHODOLOGY; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO THAT: Section 1. Amendment of Section 11-6-3 ofthe Iona City Code: Section 11-6- 3 of the Iona City Code is hereby amended as follows: 11-6-3: CONDITIONAL USES: (A) The City may, after notice and public hearing pursuant to Chapter 8 of this Title, permit the uses specified below, where such uses are deemed essential or desirable to the public convenience or welfare. On all conditional use permit applications, the City shall have the discretion to require an impact statement to assess the impact of the proposed conditional use upon surrounding properties and upon city services and infrastructure. The City may impose such conditions and safeguards, as it deems necessary to protect the best interests of the surrounding property or neighborhood and city services or infrastructure from damage, hazard, nuisance or other detriment. (B) The following conditional uses are permitted in the Commercial Zone: 1. Wholesale operations. 2. Junk or salvage yards/Second hand sales. 3. Adult book stores or adult businesses. 4. Welding or machine shops, motor vehicle and agricultural vehicle repair shops or garages. 5. Commercial storage buildings. 6. Manufactured home or recreational vehicle sales or parks. 7. Government protective facilities. Exhibit "C " 8. Temporary buildings as uses necessary for construction purposes for a period not to exceed one (1) year. 9. Any business requiring bulk storage for resale of any flammable liquid to be stored above or below ground. 10. Any business for which a beer, wine or liquor license is required under the provisions of Chapters 2, 3 and 4, of Title 4 of this Code, whether for consumption on or off premises. 11. Wireless communication towers and associated operational facilities, buildings, and equipment, provided such facilities are located within a T-1 or T-2 Overlay zone and are compliant with the provisions set forth in Chapter 2, Title 10 of this City Code. 12. All buildings used in conjunction with unconditional uses otherwise allowed in this zone, where such buildings exceed thirty-five (35) feet in height. Section 2. Amendment of Section 11-7-3 of the lona City Code: Section 11-7- 3 of the lona City Code is hereby amended as follows: 11-7-3: CONDITIONAL USES: (A) The City may, after notice and public hearing pursuant to Chapter 8 of this Title, permit the uses specified below, where such uses are deemed essential or desirable to the public convenience or welfare. On all conditional use permit applications, the City shall have the discretion to require an impact statement to assess the impact of the proposed conditional use upon surrounding properties and upon city services and infrastructure. The City may impose such conditions and safeguards, as it deems necessary to protect the best interests of the surrounding property or neighborhood and city services or infrastructure from damage, hazard, nuisance or other detriment. (B) The following conditional uses are permitted in the Industrial zone: 1. All heavy industrial uses. 2. Temporary buildings used necessary for construction purposes for a period not to exceed one (1) year. 3. Broadcasting towers for radio or television. 4. Wireless communication towers and associated operational facilities, buildings, and equipment, provided such facilities are located within a T-1 or T-2 Overlay zone and are compliant with the provisions set forth in Chapter 2, Title 10 of this City Code. 5. Storage, for wholesale or for distribution in bulk, of any flammable liquid above or below ground. 6. Sewage treatment plants and similar facilities. 7. Railroad box cars, motor vehicle cargo containers or other containers normally used for the shipment of freight, cargo or other items, by rail, ship or motor vehicular transportation, where the owner uses such containers for storage purposes. 8. Recycling collection centers. 9. Any lawful use not otherwise permitted in any other zone established under this Title. 10. Buildings or structures exceeding five (5) stories or forty-five (45) feet in height, whichever is greater, but in no event exceeding one hundred fifty (150) feet in height. Section 3. Methodology. Text that is underlined in the preceding sections means new text added to the former Ordinance or City Code Section, and text that is stricken through means text that is being deleted from the former Ordinance or Code Section. Text that is moved from one location in the former Ordinance or Code Section to another location is similarly shown as underlined text. Section 4. Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections or subsections. Section 5. Preservation of Prior Ordinance. The sections of the City Code repealed or amended by this Ordinance shall be preserved to the extent necessary to allow the arrest, prosecution and punishment of any person who violates such provisions prior to the effective date hereof. Section 6. Effective Date. This Ordinance shall become effective upon its passage, execution and publication in the manner provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this , 2015. Brad Andersen Mayor ATTEST: T•. r \. STATE OF IDAHO )ss. County of Bonneville ) 7/ day of I, JULIE HAMMOND, CITY CLERK OF THE CITY OF IONA, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled, "AN ORDINANCE OF THE CITY OF IONA, IDAHO; AMENDING SECTIONS 11- 6-3 AND 11-7-3 OF THE IONA ZONING ORDINANCE; PRESERVING PRIOR ORDINANCE; PROVIDING FOR METHODOLOGY; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE." Julie ammond Ci . Clerk G:\W PDATA\DWS\2708 City of Iona\Planning & Zoning\2014\Cell Tower Ordina •=.v4.wpd:sm CITY OF IONA PUBLIC HEARING NOTICE The City of Iona's Planning & Zoning Commission has scheduled a public hearing on the evening of February 11, 2015 at the Iona Community Center, which is located at 3548 North Main Street, Iona, Idaho. The purpose of the hearing is to consider adopting a new Chapter 2 of Title 10 of the Iona City Code and amending Sections 11-6-3 and 11-7-3 of the Iona Zoning Ordinance relating to Wireless Communication Towers and Antennas. A second public hearing is scheduled for the evening of February 17, 2015 at the Community Center with the City Council for final review Written comments will be accepted up to seven days prior to the hearing. The public is invited to attend and public comment is encouraged. Any person needing special accommodations to participate in the above noticed meeting should contact the City Office the day before the meeting at 523-5600. Published: January 27, 2015 333 Northgate Mile CITY OF IONA PO BOX 487 PR Post Register Idaho Falls, ID 83401 January 27, 2015 IONA ID 83427 Account #: 00050110 Legal Notice: PUBLIC HEARING/WIRELESS COM. TOWERS Published 1 Days between 01 /27/2015 and 01 /27/2015 Please refer to Ad #: 701729 Total Cost: $25.65 (208) 522-1800 Please include Ad # and Account # with payment. If you have questions concerning this bill, please contact Staci @ extension 1164. THANK YOU! CITY OF1ONA PUBLIC HEARING NOTICE The City of lona's Planning & Zoning Commission has ruary 1scheduled a1, 2015 at he Iona Comublic hearim nity Cen eon theer, which sg of ocatedd at 3548 North Main Street, lona, Idaho. The purpose of the hearing is to consider adopting a new Chapter 2 of Title 10 of the lona City Code and amending Sections 11-8-3 and 11-7-3 of the lona Zoning Ordinance relating to Wireless Communication Towers and Antennas. A second public hearing is scheduled for the evening of February 17, 2015 at the Community Center with the City Council for final review. Written comments will be accepted up to seven days prior to the hearing. The public Is invited to attend and public comment is encouraged. Any person needing special accommodations to participate in the above noticed meeting should contact the City Office the day before the meeting at 523-5600. Published January 27 2015 729