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HomeMy Public PortalAboutMinutes_Planning & Zoning Meeting_01142009PLANING AND ZONING COMMISSION MEETING 6:30 P.M. JANUARY 14, 2009 IONA COMMUNITY CENTER PRESENT: Planning and zoning Chairman Bruce Case, members Brad Bateman, Adrian Beazer, Jared Wight, City Clerk Robyn Keyes ABSENT: Member Roy Hobbs VISITORS: Lance Ellis, Council member Dan Gubler, John Price Chairman Case welcomed everyone and led with the Pledge of Allegiance Minutes Approved. P/Z member Wight suggested that we research whether the planning and zoning minutes can be officially approved via email so that City Council can have approved minutes for their meeting. P/Z member Wight made a motion to approve the minutes. P/Z member Beazer seconded the motion. Motion carried, minutes approved. Annexation Application. The annexation/zoning application was reviewed and approved. Annexation paperwork and procedures were discussed and it was agreed that an annexation agreement needed to be created for all annexations and not just the larger developments. P/Z member Wight asked who kept track of the zoning changes on the City maps. P/Z member Case said that the City would have to pay someone to make a new map. John Price, Impact Area. P/Z member Case said that the City approached the County regarding increasing the City's impact area. The County said that before the increase would be granted, the City had to prove that water and sewer service could be provided to the homes within the impact area. Adrian Beazer asked John Price how far the City can expand with its impact area and still be able to provide sewer service to the homes. Mr. Price said that IBSD service area goes north to Panorama Dr., not much farther than Foothill Dr. to the east with the exception of the Blacktail development, west on Telford Rd. to Crowley Rd. Mr. Price said that IBSD is at about 50% capacity. P/Z member Case said that the main concern was that the growth interest for the City was to the east and the City needed to know how far IBSD went. Council member Gubler said that another area of concern was the fact that the Iona Cemetery was not in Iona's impact, but instead part of Ammon's impact. Council member Gubler said that the City wanted to try to stop the encroachment of other cities upon Iona's impact zone. Council member Gubler stated that Steve Serr said that the County would not even entertain the idea of expanding Iona's impact area until Iona can prove that they can provide service to the homes within the proposed increased area. Council member Gubler said that it should be irrelevant if IBSD can provide service to an area of interest for Iona and if a residence is over 300 feet from the sewer line, they are allowed to install a septic system. Council member Gubler said that it should not make a difference to the City of Iona whether a home is on sewer or a septic system, the only thing that the City provides service for is water. Mr. Price said that IBSD has a line that runs down Ammon Road to Beeches Corner. Mr. Price also said that Ammon has annexed Lincoln Road west to Hitt Road. P/Z member Beazer said that 1 the intent of the City of Iona was to include the area from Panorama Dr. to 1st Street. P/Z member Wight said that someone needed to go down to the City of Ammon and begin negotiations regarding impact areas. Council member Gubler said that he will be in a meeting with the City of Ammon and will bring up the cemetery issue. P/Z member Beazer asked if Council member Gubler would like him (Beazer) to also attend the meeting. Council member Gubler said that it was a meeting that P/Z member Beazer could not attend because it was regarding the fire district. P/Z member Wight said that an agreement between the County and the City of Iona needed to be written that clearly stated the zoning laws of the City and when the County is in the City's impact area, those laws needed to be followed. Mr. Price highly recommended that an agreement was a good idea and that IBSD has a memorandum of understanding with the City of Idaho Falls that has been referred back to often in times of disagreements. The cemetery issue will be put on next months agenda. AIC Workshop Review. P/Z member Wight said that he and P/Z member Beazer had watched the planning and zoning workshop that AIC presented and that the slides and a copy of a model ordinance were available online through AIC. P/Z member Wight said that he will go through the existing zoning ordinance for Iona and make comments and recommendations based upon the model ordinance. P/Z member Wight recommended that each member took some time and reviewed the information. Wight also suggested that anyone that could go to the conference in Pocatello on Saturday, February 28th should try to attend because it is very informative and essential for staying up to date. Commercial Zoning. P/Z member Case handed out some commercial zoning ordinances from the City of Ammon and suggested that the planning and zoning members take sometime to look them over. P/Z member Case would like to see more clearly defined commercial zoning ordinances for Iona to prevent situations such as an industrial type businesses building right next to a residential zone. P/Z member Case noted one of the features of the ordinance that he thought was useful was a list of businesses permitted within that zone and those businesses also had a conditional use permit so that their business could not evolve into something different from what it was originally. P/Z Wight suggested looking into the possibility that a business that has been grandfathered into the City can not be transferred to a new owner. Council member Gubler said that there is no way that the City can enforce something like that. P/Z member Wight said that it would be worth looking into. P/Z member Wight also suggested creating a land -use table for easy reference when creating different commercial zones. The land -use table issue will be put on next months agenda along with continued discussion for the commercial zones. Code Information for New Homeowners. Clerk Keyes asked the P/Z members to offer suggestions regarding information for new homeowners such as; easement and swale regulations, and on street parking. The members said that they would look through the Code book and come up with suggestions. Business License Definition. Clerk Keyes asked the P/Z members to think about ways to clearly define a business within the City of Iona. Iona requires all business to obtain a 2 business license. Clerk Keyes was not sure if that would include the people that taught piano from their home or someone that sold firewood from their back yard. P/Z members said that they would think about the definition. Windmill Ordinance. Clerk Keyes said that she was approached by the County, suggesting that the City looked into adopting an ordinance regulating the use of windmills. Clerk Keyes gave the P/Z members information regarding issues with other cities and the height, setback, and noise regulations involved. P/Z member Case said that the way that renewable energy is headed, the City needed to start thinking about what would be allowable. Council member Gubler suggested passing a resolution with the City of Iona stating that no windmills will be built until the investigative issues involving Idaho Falls and the County had been further discussed. P/Z member Case asked if the Council could pass such an ordinance, p/z/ member Wight said that a moratorium can be passed until further information is gathered and an actual ordinance is in place. P/Z member Case suggested recommending to the Council that they put a moratorium in place right away to allow time for research. Clerk Keyes said that many cities and counties are including cell phone towers in the ordinance and calling it a tall structure ordinance. Council member Gubler asked Clerk Keyes to put the windmill issue on the City Council agenda. P/Z member Wight made a motion to adjourn. P/Z member Beazer seconded the motion. All were in favor, motion carried. Adjourned 8:25 p.m. 3 CHAPTER 19 RSC-1 RESIDENTIAL SHOPPING CENTER ZONE SECTION: 10-19-1: General Objectives and Characteristics of Zone 10-19-2: Use Requirement 10-19-3: Area Requirements 10-19-4: Frontage Width requirements 10-19-5: Location Requirements 10-19-6: Height Requirements 10-19-7: Size of Building 10-19-8: Special Provisions 10-19-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in establishing the RSC-1 Residence Shopping Center Zone is to encourage shopping facilities which supply residential needs. Inasmuch as this zone is usually surrounded by dwellings, it shall be characterized by a harmonious grouping of stores, shops and professional buildings surrounded by lawns, trees and shrubs planted and maintained in harmony with the surrounding residential areas. The architecture, exterior, and roofing of all buildings shall be harmonious with and similar or comparable in material, appearance, and color to the predominant material, appearance, and color of dwellings in the community, and particularly of those dwellings surrounding the development. Clean parking lots and attractively -maintained business buildings shall also be characteristics of this zone. In general, each new RSC-1 Residential Shopping Center Zone should be located at least one (1) mile from any other zone where business is permitted. However, new non-RSC-1 business zones may be located at any distance from an RSC-1 zone. In order to accomplish the objectives and purposes of this ordinance, the following regulations shall apply in the RSC-1 Residential Shopping Center Zone (see also Supplementary Regulations to Zones). 10-19-2: 1 USE REQUIREMENTS: Only the following uses shall be permitted in the RSC-1 Residential Shopping Center zone: (A) Any use permitted in the P-B Professional Business Office Zone. (B) Antique shops. (C) Appliance sales, service, and repair shops. (D) Art galleries, museums and athletic clubs. (E) Automobile supply shops. (F) Bakeries & Confectionery — on site retail only. (G) Banks and financial institutions (H) Beds and Breakfasts with a conditional use permit. (I) Book stores. (J) Camera and photo supply shops. 19-1 1/10/2007 K) Cellular and wireless phone dealerships. (L) Cleaners, dry cleaners, laundries (excluding cleaning, dry cleaning, and laundry plants), and pressers, alterers, and repairers of wearing apparel. (M) Clothing stores. (N) Clubs and fraternal societies. (0) Computer sales, service, and maintenance. (P) Copy centers. (Q) Craft Shops. (R) Dairy product stores. (S) Delicatessens. (T) Drug stores and pharmacies. (U) Dry goods stores. (V) Electronic device repair shops. (W) Florist shops. (X) Food catering services. (Y) Fumiture repair shops. (Z) Garden supply stores. (AA) Gift shops. (BB) Grocery stores. (CC) Hair salons, barbershops, beauty parlors. (DD) Hobby supply stores. (EE) Jewelry Stores. (FF) Laundry mats. (GG) Music studios and other music related businesses. (HH) Paint and wallpaper stores. (II) Pawn shops. (JJ) Pet shops. (KK) Restaurants, excluding the sale and/or offering of liquor, beer, or wine, and any seating limited to less than thirty (30) people. (LL) Service stations (excluding super service stations) and Convenience Stores. (MM) Shoe sales and shoe repair shops. (NN) Sporting goods stores. (00) Stationary stores. (PP) Variety Stores. (QQ) Video outlets. (RR) A Store selling or offering any combination of the aforementioned uses. (SS) Other uses ruled by the City Council to be similar to the above listed uses and in harmony with the objectives and characteristics of this zone. 10-19-3: AREA REQUIREMENTS: There shall be no minimum or maximum lot size requirements for any individual lot within the RSC-1 Zone, except as required for setback and off- street parking space. 10-19-4: FRONTAGE WIDTH REQUIREMENTS: There shall be no maximum or minimum frontage width requirements for any individual lot in the City's RSC-1 Residential Shopping Center Zone. 10-19-5: LOCATION REQUIREMENTS: All buildings shall be set back a minimum distance of thirty (30) feet from the property line adjacent to any public street or granted easement of vehicular 19-2 1/10/2007 access, except as herein provided and required under the provisions of this ordinance. All buildings' drip lines must remain within the property. All buildings must be set back a minimum of ten (10) feet from any property line dividing the property from a residential zone. 10-19-6: HEIGHT REQUIREMENTS: No building may be less than one story in height (that is, no basement -only buildings are permitted). In addition to International Building Code requirements, any building where the eaves of the roof, or for roofs without eaves where the top of the building walls are greater than twenty-five (25) feet above the average natural grade of the land, must be reviewed by the Fire Marshall, and approved by City Council. 10-19-7: SIZE OF BUILDINGS: The total floor space of all buildings within an RSC-1 development shall not exceed ten thousand (10,000) square feet. 10-19-8: SPECIAL PROVISIONS: (A) Landscaping shall be as set forth in section 10-5-24. (B) Storage. All storage and activities, except loading and unloading and automobile parking and refueling, shall be conducted entirely within a building, provided that Christmas trees and other seasonal items may be stored and sold outside a building. (C) Maintenance of Premises. No dust, odor, smoke, vibration or intermittent light, glare, or noise shall be permitted which is discernable beyond the premises, except from normal movement of automobile traffic. (D) Off -Street Parking Space. Off street parking shall be provided, as required in this ordinance, and shall be hard surfaced. (E) Residential buildings, churches, schools, and industrial uses and buildings shall not be permitted in any RSC-1 zone. (F) Lighting. All lighting shall be indirect or shielded and so designed as to reflect away from adjoining residences. Parking lots must be safely lit during nighttime business hours, but no direct lighting may extend outside the property boundaries. 19-3 1 /10/2007 CHAPTER 20 C-1 LIMITED BUSINESS ZONE SECTION: General Objectives and Characteristics of Zone 10-20-1: Use Requirements 10-20-2: Area Requirements 10-20-3: Width Requirements 10-20-4: Location of Buildings and Structures 10-20-5: Special Provisions 10-20-6: 10-20-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The C-1 Limited Business Zone has been established as a district in which the primary use of the land is for retail stores and service establishments which supply residential needs of the people living in the surrounding area. This zone is usually located at specific locations along major streets and is characterized by buildings having a wide variety of architectural forms and shapes. The objectives in establishing this zone are: To encourage the development and continued use of the land within the zone for business purposes. To promote the development of serviceable and convenient retail and service facilities. To provide appropriate areas for the development of business uses within the City and to prevent the scattering of business uses into surrounding zones. To prohibit industrial uses within the zone and to discourage any other use which tends to thwart or militate against the continued use and development of the land within the zone for its primary purpose. In order to accomplish the objectives and purposes of this ordinance, the following regulations shall apply in the C-1 Limited Business Zone (see also Supplementary Regulations to Zones). 10-20-2: USE REQUIREMENTS: The following uses shall be permitted in the C-1 Limited Business Zone. (A) Any use permitted in the RSC-1 Residence Shopping Zone. (B) Appliance shops and appliance service establishments. (C) Bakeries. (D) Signs identifying the buildings and signs advertising products sold on the premises. (E) Businesses and establishments with vehicular drive-in and drive -through pickup facilities. F) Other uses ruled by the City Council to be similar to the above listed uses and in harmony with the objectives and characteristics of this zone. 10-20-3: AREA REQUIREMENTS: There shall be no lot area requirements for commercial buildings and structures constructed in accordance with the building code of Ammon, except as may be required in paragraph 10-5-9 of this ordinance. There shall be no area requirements for other main buildings, except that which is required for off-street parking and yards. 10-20-4: WIDTH REQUIREMENTS: There shall be no lot width requirements for commercial buildings and structures constructed in accordance with the Building Code of Ammon. 10-20-5: LOCATION OF BUILDINGS AND STRUCTURES: (A) Setback. All buildings shall be set back a minimum distance of thirty (30)feet from the property line adjacent to any public street or from any granted easement of access, except as herein provided and required under the provisions of this ordinance. (B) Side Yards. There shall be no side yards required. 10-20-6: SPECIAL PROVISIONS: (A) Off street parking shall be provided, as required in this ordinance, and shall be hard surfaced. (B) All merchandise, equipment, and other materials, except seasonal merchandise such as nursery stock, fruits, vegetables, and vehicles in running order, shall be stored within an enclosed building. (C) No dust, odor, smoke, vibration, or intermittent light, glare, or noise shall be emitted which is discemible beyond the premises, except for normal movement of automobile traffic. (D) Landscaping shall be as set forth in section 10-5-24. 20-2 1 /10/2007 CHAPTER 21 HC-1 HIGHWAY COMMERCIAL ZONE SECTION: General Objectives and Characteristics of Zone 10-21-1: Use Requirements 10-21-2: Area, Width, Location, Height, and Size Requirements 10-21-3: Special Provision 10-21-4: 10-21-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The HC-1 Highway Commercial Zone has been established as a district in which the primary use of the land is for retail stores and service establishments to serve the traveling public. This zone is usually located at specific locations along highways leading into the City, and is characterized by buildings set back from the right-of-way line and having a wide variety of architectural forms and shapes. The objectives in establishing this zone are: (A) To encourage the development and continued use of the land within the zone for business purposes. (B) To promote safety on the highway. (C) To maintain maximum use of high right-of-way for travel purposes. (D) To prohibit uses which tend to thwart or militate against the continued use and development of the land within the zone for its primary purpose. In order to accomplish the objectives and purposes of this ordinance and to promote the essential characteristics of this zone, the following regulations shall apply in the HC-1 Highway Commercial Zone (see also Supplementary Regulations to Zones). 10-21-2: USE REQUIREMENTS: The following uses shall be permitted in the HC-1 Highway Commercial Zone: (A) Any use permitted in the RSC-1 Residential Shopping Center Zone and in the C-1 Limited Business Zone. (B) Super service stations (by conditional use permit). (C) New car lots (by conditional use permit). (D) Used car lots (by conditional use permit). E) Drive-in eating establishments. ti (F) Machinery sales establishments (by conditional use permit). (G) Amusement enterprises, such as merry-go-rounds, penny arcades, etc (by conditional use permit). (H) Retail establishments with incidental wholesaling, but excluding establishments, the principal activity of which is a storage warehouse. (I) To serve liquor by the drink, and beer and wine by the drink, at retail upon premises as a secondary use only wherein the primary operation of the premises is as a restaurant/caM in the business of preparing, serving and dispensing food and beverages wherein such premises do not have an age restriction imposed by any chapter within Title 23 of the Idaho State Code. (J) Commercial garages, but not including the storage of wrecked or dismantled automobiles. (K) Public garages and public parking lots for pay. (L) Motels. (M) Radio and TV studios, but excluding antenna towers greater than thirty (30) feet in height above the average terrain. (N) Billboards (by conditional use permit) (refer to Chapter 34 for regulations) (0) Other uses ruled by the City Council to be similar to the above listed uses, and in harmony with the objectives and characteristics of this zone. 10-21-3: AREA, WIDTH, LOCATION, HEIGHT AND SIZE REQUIREMENTS: No requirements, except that all buildings shall be set back a minimum distance of thirty (30) feet from the property line adjacent to any public street, except as herein provided and required under the provisions of this ordinance. 10-21- 4: SPECIAL PROVISIONS: (A) No dust, odor, smoke, vibration or intermittent light, glare, or noise shall be emitted which is discernible beyond the premises, except for normal movement of automobile traffic. (B) Landscaping shall be as set forth in section 10-5-24. (C) All merchandise, equipment, and other materials, except seasonal merchandise such as nursery stock, fruits, vegetables, and vehicles in running order, shall be stored within a solid structure fenced site obscuring enclosure IE. Vinyl or block fencing. 21-2 1/10/2007 CHAPTER 22 CC-1 CENTRAL COMMERCIAL ZONE SECTION: Objectives and Characteristics of Zone 10-22-1: Use Regulations 10-22-2: Area, Frontage, Location, Height, and Size Requirements 10-22-3: Special Provisions 10-22-4: 10-22-1: OBJECTIVES AND CHARACTERISTICS OF ZONE: The objectives in establishing the CC-1 Central Commercial Zone is to create and maintain a dominant shopping and financial center. For this reason, the zone has been located where the street pattern makes the business buildings readily accessible to all parts of the City and surrounding region, and where business and shopping activities can be carried on with maximum convenience. The CC-1 Central Commercial Zone is characterized by clean, well -lighted streets, ample pedestrian ways and vehicular parking lots for the convenience and safety of the public. Attractive, inviting and well - maintained shops, stores, offices and other buildings are also characteristic of this zone. In order to accomplish the objectives and purposes of this ordinance and to promote the characteristics of this zone, the following regulations shall apply in the CC-1 Central Commercial Zone. 10-22-2: USE REGULATIONS: The following uses shall be permitted in the CC-1 Central Commercial Zone: (A) Any use permitted in the RSC-1, C-1 and HC-1 Zones. (B) Air-conditioning service establishments. (C) Appliance stores. (D) Antique shops. (E) Automobile supply shops and service stations. (F) Amusement enterprises, such as penny arcades, carrousels, swimming pools and dance halls. (G) Assembly of appliances from previously prepared parts. (H) Auto body and fender shops. (I) Auto painting. J) Auction houses. (K) Boat sales and repair. (L) Bakeries (wholesale and retail). (M) Broadcasting studios. (N) Building supply stores, except material sales yards and accessory storage buildings. (0) Catering services (food). (P) Clubs and fratemal societies. (Q) Canvas products sales and fabrication (on site, retail only). (R) Engraving, printing. (S) Fumiture stores. (T) Glass cutting and installation. (U) Garages (commercial, but not including the storage of more than ten (10) wrecked or dismantled automobiles). (V) Hotels, motels. (W) Laundries. (X) Offices and office buildings. (Y) Parking lots and structures. (Z) Pawn shops. (AA) Plumbing and carpenter shops and similar craft shops. (BB) Public buildings and public utility buildings and facilities and structures. (CC) Signs (commercial off premise) (by conditional use permit). (DD) Taxi stands, bus depots, heliport and passenger railroad stations. (EE) Upholstery stores and repair shops. (FF) Wholesale establishments with stock on premises, but excluding establishments, the principal activity of which is a storage warehouse. (GG) Other uses similar to the foregoing uses, which are ruled by the City Council to be in harmony with the intent of this zone. 10-22-3: AREA, FRONTAGE, LOCATION, HEIGHT, AND SIZE REQUIREMENTS: No requirements, except that all buildings shall be set back a minimum distance of thirty (30) feet from the property line adjacent to any public street, except as herein provided and required under the provisions of this ordinance. 10-22-4: SPECIAL PROVISIONS: (A) All off-street parking spaces shall be hard surfaced. (B) All merchandise, equipment, and other material, except for seasonal items on a temporary basis such as nursery stock and except for vehicles in running order, shall be stored within an enclosed building or within a sight -obscuring enclosure. (C) No dust, odor, smoke, vibrations, glare, or noise shall be emitted which is discemible beyond the premises, except from normal movement of automobile traffic. (D) Landscaping shall be as set forth in section 10-5-24. 22-3 1 /10/2007 CHAPTER 23 GC-1 GENERAL COMMERCIAL ZONE SECTION: General Objectives and Characteristics of Zone 10-23-1: Use Requirements 10-23-2: Area, Frontage, Location, Height and Size Requirements 10-23-3: 10-23-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The GC-1 General Commercial Zone has been established as a district in which the primary use of the land is for heavy commercial establishments and for non -nuisance industries. The objectives in establishing this zone are: (A) To designate the most appropriate land within the City for retail and wholesale establishments and to prevent the scattering of commercial uses into surrounding zones. (B) To encourage the construction of and continued use of the land for commercial and industrial buildings. (C) To discourage the use of the land for dwellings and for nuisance industries or any other use which would thwart or substantially interfere with the use of the land for its primary purpose. This zone is characterized by a mixture of businesses, warehouses, craft shops and manufacturing and industrial enterprises which are incidental to retail and wholesale establishments. Since the zone permits such a wide variety of uses, owners and developers of property should bear in mind that many of the protective features which zoning normally affords are largely nonexistent and should develop and maintain their property in recognition thereof. Representative of the uses within this zone are retail and wholesale establishments, plumbing, carpentry and other craft shops, warehousing, equipment yards and equipment sales yards. In order to accomplish the objectives and purposes of this ordinance and to promote the characteristics of this zone, the following regulations shall apply in the GC-1 General Commercial Zone (see also Supplementary Regulations to Zones). ti 10-23-2: USE REQUIREMENTS: The following uses shall be permitted in the GC-1 General Commercial Zone Any use permitted in the RSC-1, C-1 and HC-1 Limited Business Zone and in the CC-1 Central Commercial Zone. (A) Wholesale distributing houses and warehouses. B) Service establishments, such as dyeing, cleaning or laundry plants, printing plants, machine shops, blacksmith shops. (C) Food preparation plants, the operation of which is not obnoxious by reason of emission of odors, smoke, or noise. (D) Milk distribution stations, creameries, bottling works and similar businesses. (E) Assembling and the sale of farm equipment, mining machinery, vehicles and similar articles, but excluding junk yards and auto wrecking yards. (F) Large animal practice veterinary hospitals. (G) Building materials storage yards. (H) Glass cutting and installation. (I) Plumbing and carpenter shops and similar craft shops. (J) Radio and TV studios, with antenna towers greater than thirty (30) feet in height above the average terrain permitted. (K) Other uses ruled by the City Council to be similar to the foregoing uses, provided that such other uses are not inconsistent with the objectives and characteristics of this zone. 10-23-3: AREA, FRONTAGE, LOCATION, HEIGHT, AND SIZE REQUIREMENTS: No requirements, except that all buildings shall be set back a minimum distance of thirty (30) feet from the property line adjacent to any public street, except as herein provided and required under the provisions of this ordinance. 10-23-4: SPECIAL PROVISIONS: Landscaping shall be as set forth in section 10-5-24. 23-2 1/10/2007 Association of Idaho Cities Page 1 of 1 Back to Web Site Association of Idaho Cities 0.40 Creating Quality Cities Planning and Zoning Workshop - Pocatello Saturday, February 28, 2009 to Saturday, February 28, 2009 Announcing .. . A workshop on Planning and Zoning in Idaho Planning and Zoning Training with Jerry Mason and Will Herrington is scheduled for Pocatello for February 28, 2009 at the Pocatello Holiday Inn, 1399 Bench Road. Save the date and watch our web site for more information. If you have any questions, feel free to contact the Association of Idaho Cities at (800) 344-8594. 3100 S. Vista Ave. Suite 310, Boise, ID 83705 Vic � s http:/ idahocities.or_ 'ndex.asp?Type=B_EV&SEC={EA2B179F-F657-4A41-A6E4-... 1/7/2009 Mount Desert Islander - Windmill ordinance is introduced Page 1 of 2 Mount Desert Islander Windmill ordinance is introduced Written by Robert Levitt Friday, October 24, 2008 BAR HARBOR — The first draft of land -use rules to allow the installation of wind turbine towers was introduced to the planning board Oct. 15. The standards in the draft ordinance were set with the aim of making wind energy production possible for home and business owners here, staff planner and ordinance drafter Kris Hultgren said. As proposed, homeowners could put up a maximum 80-foot-high tower, to hold a turbine with a maximum 10 kilowatt (kW) capacity. On properties less than 5 acres in size, one tower would be allowed. On parcels of 5 acres or more, up to three towers would be allowed. Draft language proposes allowing towers of up to 120 feet tall in industrial and educational districts, with turbines of a maximum 50 kW capacity. With that restriction, only several locations in town would qualify for the bigger turbines, such as MacQuinn's gravel pit in Hulls Cove, The Jackson Laboratory, and the College of the Atlantic, board member David Bowden pointed out. He suggested that the ordinance be expanded to allow hotels and other commercial businesses to install the larger turbines, while also urging a cautious approach because many of those businesses abut residential districts. The added height allowance for the bigger turbines was included because 50 kW turbines would need access to stronger winds, Mr. Hultgren said. Under the draft ordinance, a tower would have to be set back from any structures and property lines a distance equal to the height of the tower. The setback could be reduced, however, if the tower design is certified by a licensed engineer. The setback distance was set up to allow the installation of turbines on lots as small as 1 acre, Mr. Hultgren said. Some board members said they would likely favor greater setbacks, largely because of potential noise generated by a turbine. Board member Kevin Cochary, for instance, suggested that an 80-foot tower should have to be set back from property lines by at least 120 feet, to help push the noise further from neighboring houses. Mr. Hultgren said that such a provision would basically eliminate towers from one -acre lots, which Mr. Cochary said he didn't have a problem with. According to the American Wind Energy Association, modern residential wind turbines are no noisier than the average refrigerator. As the draft ordinance is written, towers of less than 60 feet in height would be permitted by code enforcement officer approval, while taller towers would trigger planning board review. Some on the board said that all towers more than 40 feet tall (the typical allowable height for structures in most zoning districts) should at least trigger a process whereby neighbors are notified and given the opportunity to comment. The draft ordinance will be reviewed and commented upon by other town bodies, such as the conservation commission, and town department heads and staff over the coming weeks, Mr. Hultgren said. If the review process goes according to plan, the draft ordinance will go before the town council in time to be placed on the ballot for the June 2009 town meeting. The comments listed below are the opinion of the listed author and do not necessarily represent those of Ellsworth American, Inc. t. Yes for Turbines Rebecca Wanner How refreshing it is to pick up a newpaper and read something proactive that our community is doing regarding alternative energy solutions! The new technology for wind is by far easier to maintain that their predecessors, and in conjuction with using solar in the summer there really is no reason to be on grid. That is, unless you wish to have your meter run backwards, meaning you sell your excess to Bangor Hydro. It will be interesting to see the financial incentives offered by the state and federal government after this election. Thus far, the Roe v. Wade seems to have more significance than learning how to support our energy requirements in a more efficeint and earth friendly way. http://mdislander.com/site/index2.php?option=com_content&task=view&id=7729&pop=1... 1 /9/2009 .7 planners drafting windmill rules Page 1 of 2 NEWS - Northern Edition - Portland Edition - Southern Edition - Mid Coast Edition SPORTS -Northern Edition - Portland Edition - Southern Edition - Mid Coast Edition CALENDAR - Arts - Community PHOTO GALLERIES - Purchase photos OBITUARIES OPINION ADVERTISE WITH US CONTACT US CIRCULATION SEARCH City planners drafting windmill rules By Randy Billings (published: November 13, 2003) SOUTH PORTLAND - Although there are no proposals to date, city planners are working proactively on an ordinance to regulate windmills. Planning Director Tex Haeuser said the planners hope to have a draft of the ordinance complete by the end of the year - a schedule that could put any proposed regulations in front of the City Council in the spring. Haeuser indicated the city is looking at rules that would allow smaller windmills for residential use and larger turbines for industrial or commercial users. Councilor Tom Blake said the initiative is a welcome change from more recent ordinance discussions, which have largely focused on regulating dogs, bees, chickens and tattoo parlors. "I think it's excellent they're moving forward on this," Blake said. "This is where we're headed." Although South Portland may not have the land capacity for commercial wind farms, Blake said there is potential for residential wind turbines, which would reduce demand for nonrenewable energy resources. According to the U.S. Department of Energy, windmills are most effective in areas with winds speeds in excess of 10 mph. Although wind speeds must be tested to determine the feasibility of placing a windmill at a specific location, the Southern Maine coast is generally described as having fair wind conditions, around 14-15 mph. "No one's really come forward yet (with a proposal), which really surprises me," Blake said. "But this will put us a head of the curve. Whether it's to energize one house or to sell energy, it's good stuff." While wind power is a clean and renewable energy source, specific proposals for wind turbines often meet resistance from an unlikely group - environmentalists. Many object because they believe windmills destroy the beauty of the landscape, while others argue that the rotating blades can kill birds. The steady hum of windmills is also a source of protest. Haeuser said the city is trying to strike a balance between allowing people to utilize wind potential while not impeding residents' peace of mind. "As a coastal community, we probably have enough wind in various areas for wind systems to make a reasonable payback," Haeuser said. "But we want to be a bit careful about how we do it so windmills don't become nuisances." South Portland is one of a growing number of area communities exploring possible wind regulations. In Cape Elizabeth, a wind turbine ordinance was approved this summer, allowing up to a 100-foot tall windmill on residential and municipal lots greater than a half acre. Turbines must be a neutral color and produce no more than 55 decibels of sound at the property line. http://www.theforecaster.net/story.php?storyid=17063 1 1 /9/2009 planners drafting windmill rules Page 2 of 2 rs That ordinance, however, was the result of more than a year's worth of work, where planners struggled with turbine heights and aesthetic concerns from residents, some of whom claimed the financial returns from wind power would never exceed the cost. Residents of Topsham, meanwhile, were scheduled to vote on a wind turbine ordinance in a special meeting Thursday. Besides height and aesthetics, Topsham's ordinance would regulates windmills by the amount of energy produced, since there are a variety of windmill styles. Noise from windmills would be limited to between 45 decibels for a residential abutter and 55 decibels for a commercial abutter at the property line. There is a required setback greater than height of the turbine. Also, the Topsham code enforcement officer would have the authority to review windmills less than 60 feet tall, while taller turbines would need Planning Board approval after a public hearing. Turbines of 150 feet would be allowed in industrial zones. Meanwhile, the towns of Scarborough, Cumberland and Yarmouth are also considering windmill ordinances. Freeport may address the issue within the context of its Comprehensive Plan. Randy Billings can be reached at 781-3661 ext. 100 or rbillings@theforecaster.net. http://www.theforecaster.net/story.php?storyid=17063 1/9/2009 CITY OF IONA 3548 N Main P.O. Box 487 Iona, Idaho 83427 Phone: (208) 523-5600 Fax: (208) 535-0087 APPLICATION FOR ANNEXATION/ZONING City of Iona, Idaho This application must be filled out in detail and submitted to the City Clerk's office at 3548 North Main Street, Iona, Idaho 1. Name of applicant: 2. Address of applicant: 3. Telephone number of applicant: work; home. 4. Address of subject property: 5. Legal description of property, (attach if necessary): 6. Is the applicant the owner of the subject property? If not, please state the name and address of the owner, together with the relationship of applicant to the owner: 7. Is a copy of one of the following attached?_ warranty deed; _ proof of option; _ earnest money agreement. 8. State the zoning desired for the subject property: State the reason for the proposed annexation and any proposed plans for the use of the subject property: Dated this day of , 20 _ Signature of applicant NOTICE TO APPLICANT This application will be referred to the Iona Planning and Zoning Commission for a recommendation on the requested zoning. The Planning and Zoning Commission shall hold a public hearing and will then make its recommendation to the City Council. The City Council will then hold a second public hearing. Notice of the public hearings must be published 15 days prior to said hearings. Notice shall also be posted on the premises of the subject property not less than 1 week prior to the hearings. Notices mi will also be mailed to property owners or purchasers of record within 300 feet of the subject property. You will be given notice of the public hearings and must be present to answer any questions. THE PLANNING AND ZONING COMMISSION MEETS THE SECOND WEDNESDAY OF EACH MONTH AT 6:30 P.M. AT THE COMMUNITY CENTER LOCATED AT 3548 NORTH MAIN STREET, IONA. 2009 SCHEDULE AS FOLLOWS: JANUARY 14TH FEBRUARY 11 TH MARCH 11 TH APRIL 8TH MAY 13 TH JUNE 10TH JULY 8TH AUGUST 12TH SEPTEMBER 9TH OCTOBER 14TH NOVEMBER 4TH DECEMBER 9TH