Ordinance - 1997 - 298 - Amend Title 8 Zoning Intrerpretations - 10/14/1997ORDINANCE # 298
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING EAGLE CITY CODE, TITLE
8 "ZONING", CHAPTER 1, "ZONING INTERPRETATION AND DEFINITIONS", SECTION 1,
"INTERPRETATION, SCOPE OF REGULATIONS AND SECTION 2, "RULES AND DEFINITIONS";
CHAPTER 2, "ZONING DISTRICTS AND MAP", SECTION 1, "DISTRICTS ESTABLISHED, PURPOSES
AND RESTRICTIONS", SECTION 2, "OFFICIAL ZONING MAP INCORPORATION BY REFERENCE",
SECTION 3, "SCHEDULE OF DISTRICT USE REGULATIONS", AND SECTION 4, "SCHEDULE OF
BUILDING HEIGHT AND LOT AREA REGULATIONS"; AND CHAPTER 3, "PERFORMANCE
STANDARDS", SECTION 1, "PURPOSE", SECTION 2, "SUPPLEMENTAL GENERAL PROVISIONS", AND
SECTION 3, "SUPPLEMENTAL YARD AND HEIGHT REGULATIONS".
WHEREAS, The City of Eagle proposes: to amend ordinances related to zoning interpretation and definitions to
clarify interpretations, provide additional defmitions for uses not shown, and to clarify defmitions of uses currently
defined; to amend ordinances related to zoning districts and zoning map to clarify definitions of existing established
districts and to establish new districts, to make zoning designation changes to the official zoning map incorporation
by reference, to add, delete and modify uses within the schedule of district use regulations, and to modify the
schedule of building height and lot area regulations; to amend ordinances related to performance standards to
modify and provide additional supplemental general provisions and supplemental yard and height regulations.
THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO, as
follows:
Section 1: Eagle City Code Section, is amended to delete the strike -through text and add the underlined text follows:
CHAPTER 1
ZONING INTERPRETATION AND DEFINITIONS
SECTION:
8-1-1: Interpretation, Scope of Regulations
8-1-2: Rules and Definitions
8-1-1: INTERPRETATION, SCOPE OF REGULATIONS: The regulations for each district set forth by this
Title shall be minimum regulations and shall apply uniformly to each class of kind of structure or land, except as
hereinafter provided.
A. No building, structure or land shall be used or occupied and no building or structure or part thereof shall be
erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the
regulations herein specified for the district in which it is located;
B. No building or other structure shall be erected or altered:
1. To provide for greater height or bulk,
2. To accommodate or house a greater number of families,
3. To occupy a greater percentage of lot area, or
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4. To have narrower or smaller rear yards, front yards, side yards or other open spaces
than herein required, or in any other manner be contrary to the provisions of this Title; and
C. No yard or lot existing at the effective date hereof shall be reduced in dimension or area below the
minimum requirements set forth herein. Yards or lots created after the effective date hereof shall meet at
least the minimum requirements set forth herein. (Ord. 40, 10-1978, rev. 9-1980)
D. No building or structure or part thereof shall be erected or constructed except where the following
conditions have been satisfied:
1. All streets to be dedicated to the Ada County Highway District as public streets. pufstiafit-te as defined
in City Code Section 8-1-2 and 9-1-6. shall be constructed as reauired by ACHD or as reauired by Eagle
City Code. whichever holds the higher standard. All streets to be constructed as private streets. as defined
in Citv Code Section 8-1-2 and 9-1-6. shall be constructed as reauired by Eagle City Code. with -a
- -•• ---... . e., _ .... • . . ---••_
2. Sanitary restrictions are removed pursuant to Idaho Code 50-1326;
3. Fire hydrants and water mains are provided, and operable, pursuant to City Code Section 9-4-1-11; and
4. Street signs are installed which adequately identify the location of such building for emergency
purposes. (Ord. 222, 9-28-93)
8-1-2: RULES AND DEFINITIONS: For the purpose of this Title, certain terms or words used herein shall be
interpreted as follows:
A. The word "person" includes a firm, association, organization, partnership, trust, company or corporation, as
well as an individual.
B. The present tense includes the future tense, the singular number includes the plural and the plural number
includes the singular.
C. The word "shall" is a mandatory requirement, the word "may" is a permissive requirement and the word
"should" is a preferred requirement.
D. The words "used" or "occupied" include the words "intended", "designed" or "arranged" to be used or
occupied;
E. The word "lot" includes the words "plot", "parcel" and "tract".
The following words and terms when used in this Title shall have the meanings ascribed to them in this Section:
ACCESSORY USE or STRUCTURE - A use or structure on the same lot with, and of a nature customarily
incidental and subordinate to, the principal use or structure. In residential zones accessory uses/structures
include. but are not limited to. detached carports and garages. pool houses and cabanas. amateur radio and
satellite dish antennas. barns. corrals. stables. and similar uses and structures. In nonresidential zones
accessory uses/structures include. but are not limited to. detached carports and garages. caretaker's
auarters. guard houses. storage sheds. outdoor storage structures. microwave and satellite dish antennas.
and similar uses and structures.
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ADULT BUSINESS - Establishments based primarily on materials or performances that depict. describe. or relate
to specified sexual activities. Adult businesses must be a minimum distance of Y2 -mile from anv church.
school. daycare. and/or any other business or use which is primarily intended for individuals under the age
of 18 years old. The distance shall be measured in a direct line from the front door of the adult business to
the front door of said business or use.
ADMINISTRATOR - An official having knowledge in the principles and practices of zoning who is appointed by
the Mayor. with the consent of the Council., to administer this Title.
AGRICULTURE and FOREST - The use of land for farming, dairying, pasturage, agriculture, horticulture,
floriculture, viticulture, animal and poultry husbandry and the necessary accessory uses for parking,
treating or storing the produce; provided, however, that:
A. The operation of any such accessory uses shall be secondary to that of normal agricultural activities;
and
B. The above uses shall not include the feeding or sheltering of animals or poultry in penned enclosures
within one hundred feet (100') of any residential zoning district. Agriculture does not include the operation
or maintenance of a commercial stems -or €eek feed lot or stockyard where large numbers of
livestock are fed concentrated feeds particularly for the purpose of fattening for market.
AIRPORT - Any area of land or water which has been set aside, designated, classified and duly established by
jurisdictional authorities which may be used for aircraft terminals for people, mail, and freight, airport
traffic control and weather stations, aircraft repair, storage and tie -down areas, gasoline, jet fuel, oil and
other aircraft supplies and parts storage areas, aircraft landing strips, taxi ways, clear areas, hangars, offices
and such other facilities, buildings or structures necessary therefor.
AMBULANCE SERVICES - Provision of emergency medical care transportation. including incidental storage and
maintenance of vehicles.
ANIMAL SHOWS - Exhibitions of domestic or large animals for a maximum of seven days. This classification
includes sales of animals and related merchandise.
ANTENNA - Any structure or device used for the purpose of collecting or transmitting electromagnetic waves,
including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes,
and omni -directional antennas, such as whip antennas.
APARTMENT - A room or suite of rooms in a multiple -family structure which is arranged,
single housekeeping unit and has complete kitchen facilities permanently installed.
ARTISTS' STUDIOS - Work space for artists and artisans. including individuals practicing
performing arts. or skilled in an applied art or craft.
ARTS & CRAFTS SHOWS (outdoorl- Display and sale of painting. sculpture. hand crafts
AUCTION FACILITY - Facilities operated primarily for the sale of new and/or used merch
designed or used as a
one of the fine arts or
and similar obiects.
andise by auctioning.
AUTOMOTIVE BODY SHOP - Automobile collision service. repair and painting.
AUTOMOTIVE FUEL ISLANDS - A retail fuel sales facility typically including a small kiosk building covered by
a canopy.
GARAGE, SERVICE STATION AUTOMOTIVE GAS STATION/SERVICE SHOP - Buildings and premises
where gasoline, oil, grease, batteries, tires and motor vehicle accessories may be supplied and dispensed at
retail and where, in addition, the following services may be rendered and sales made:
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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 hose, fan belts, brake fluid, light bulbs, fuses, floormats,
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. Providing and repairing fuel pumps, oil pumps, lines;
H. Minor servicing and repair of carburetors;
I. Adjusting and repairing brakes
J. Minor motor adjustments not involving removal of the head or crankcase or racing the motor.;
K. Sales of cold drinks, packaged food, tobacco and similar convenience goods for service station
customers, as accessory and incidental to principal operations;
L. Provisions of road maps and other informational materials to customers and provision of restroom
facilities; and
M. Warranty maintenance and safety inspections.
Uses permissible at a f2 ACiei automotive gas station/service shoe 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 in—filling-Stations at an automotive gas station/service shoo,. ink An
automotive gas station/service shoo is not a repair garage nor a body shop.
AUTOMOTIVE MOBILE HOME, TRAVEL TRAILER and FARM IMPLEMENT SALES - The sale or rental of
new and used motor vehicles, mobile homes, travel trailers and/or farm, implements, but not including
repair work except incidental warranty repair of same, to be displayed and sold on the premises.
AUTOMOTIVE REPAIR - The repair, rebuilding or reconditioning of motor vehicles or parts thereof,-inclsding
excluding collision service, painting and steam cleaning of vehicles.
AUTOMOTIVE STORAGE - Storage of parking tow-aways. impound yards. and storage lots for automobiles.
trucks. buses and recreational vehicles.
AUTOMOTIVE WASHING FACILITY - Facilities for washing. waxing or steam cleaning of automobiles or
similar light vehicles.
AUTOMOTIVE WRECKING YARD OR SALVAGE - The dismantling or wrecking of two (2) or more used motor
vehicles, mobile homes, trailers or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles or their parts. Any premises. excluding fully enclosed buildings. where more
than two (21 motor vehicles not in operating condition are standing more than thirty (301 days, or where
used motor vehicles or parts thereof are dismantled or stored.
BANKS/FINANCIAL INSTITUTIONS - Financial institutions that provide retail banking services to individuals
and businesses. This classification includes those institutions engaged in the on-site circulation of cash
money and businesses offering check -cashing facilities.
With Drive -Up Service: Institutions providing services accessible to persons who remain in their
automobiles. Drive -up service is classified separately because it is not appropriate at all locations.
BAR - An establishment for which a license under Title 3, Chapter 2, Article A, B, and/or C is required and the
principal business of which is the sale of alcoholic beverages to be consumed on premises. (Ord. 172, 10-9-
90)
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BASEMENT - A dwelling unit, all or partly underground, but having at least one half (1) of its height below the
average level of the adjoining ground.
BED AND BREAKFAST FACILITY- An owner occupied facility providing overnight accommodations and
breakfast food service to no more than twelve guests at any one time. No cooking shall be allowed in guest rooms
and only breakfast food shall be provided to guests. Bath facilities shall be shared by no more than two guest rooms
and one off street narking space for each guest room and employee shall be provided and maintained by the
applicant.
BOARDING HOUSE, LODGING HOUSE, DORMITORY - A building other than a hotel or motel where meals
and/or lodging are provided for, compensation to three (3) or more unrelated persons, but less than twelve
(12) persons, who are not transients, and kitchen facilities are not provided in the individual rooms.
BUILDING - Any structure designed or intended for the support, enclosure, shelter or protection of persons,
animals, chattels or property of any kind.
BUILDING (ACCESSORY) - A subordinate building detached from, but located on the same lot as the principal
building, the use of which is incidental and accessory to that of the main building or use.
BUILDING HEIGHT - The vertical distance measured from the average elevation of the proposed finished grade at
the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and
the top of building -wells the peak for gable, hip and gambrel roofs.
BUILDING (PRINCIPAL) - A building in which is conducted the main or principal use of the lot on which said
building is situated.
BUILDING SUPPLY OUTLET - A commercial establishment storing and offering for sale building supplies, coal,
heavy equipment, feed, grain, and similar goods, for wholesale or retail sale. This use does not include
hardware stores.
CATERING SERVICE - Preparation and delivery of food and beverages for off-site consumption without provision
for on-site pick UD or consumption.
CEMETERY - Land used or intended to be used for the burial of human remains and dedicated for cemetery
purposes. Cemetery purposes include columbiums. crematoriums. mausoleums. and mortuaries operated in
conjunction with the cemetery.
CHILD CARE FACILITY - Any facility where children regularly receive care and supervision, usually
unaccompanied by the childrenlls parents, guardians or custodians, and regardless of whether the facility
does or does not provide any instruction. This use excludes the case of (1) the operatorEls children or legal
wards or children related by blood or marriage, (2) occasional personal guests, and (3) children aged
twelve (12) and over. Any home, place, or facility providing overnight custodial services for lodging or
boarding for the occupants therein shall not be considered a child care facility.
There are three (3) types of child care facilities:
A. Family Day Care Home - A child care facility for six (6) or fewer children. Baby-sitting services are an
accessory use to residential uses.
B. Group Day Care Facility - A child care facility for seven (7) to twelve (12) children.
C. Day Care Center - A child care facility for thirteen (13) or more children.
CHRISTMAS TREE SALES - Retail sales of Christmas trees between Thanksgiving and December 26`h
CIRCUSES & CARNIVALS - Provisions of games. eating and drinking facilities. live entertainment, animal
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exhibitions. or similar activities. which may be conducted outdoors. or in a tent or other temporary
structure. for a maximum of seven days. This classification excludes events conducted in a permanent
entertainment facility
CLINIC - A building used for the care, diagnosis and treatment of sick, ailing, infirm or injured persons or those
who are in need of medical and surgical attention; but which building does not provide board, room or
regular hospital care and services.
CLUB or LODGE - A building or portion thereof or premises owned or operated by an organized association of
persons for a social, literary, political, educational or recreational purpose primarily for the exclusive use of
members and their guest; but still not including any organization, group or association, the principal
activity of which is to render a service usually and ordinarily carried on as a business.
COMMERCIAL ENTERTAINMENT FACILITIES - Any profit-making activity which is generally related to the
entertainment field such as motion pictures theaters, performing arts theaters. sports stadiums and arenas.
amusement parks. bowling alleys. billiard parlors. poolrooms. dance halls. ice/roller skating rinks.
health/fitness clubs. recreation clubs. arcades cards, nightclubs, cocktail lounges and similar
entertainment activities. (Ord. 159, 1-9-90)
COMMISSION/HISTORIC PRESERVATION -The Historic Preservation Commission, Eagle, Idaho. (Ord. 157,
10-24-89)
COMMISSION/ PLANNING AND ZONING The Zoning, Planning and Zoning, Joint Zoning or Joint Planning and
Zoning Commission with individuals appointed by the Mayor and confirmed by the Council.
COMMUNICATION FACILITIES - Broadcasting. recording. and other communication services accomplished
through electronic or telephonic mechanisms. but excluding public service facilities and personal wireless
service facilities. This classification includes radio. television. or recording studios; telephone switching
centers: and telegraph offices.
COMPREHENSIVE PLAN - A plan, or any portion thereof, adopted by the Council including such things as the
general location and extent of present and proposed physical facilities including housing, industrial and
commercial uses, major transportation, parks, schools and other community facilities.
CONDITIONAL USE - A use permitted within a district, other than a principally permitted use, requiring a permit
and approval of the Council. Uses permitted in each district are listed in the Official Schedule of District
Regulations, Section 8-2-3 of this Title.
CONVENIENCE STORE - Retail sales of food. beverage and small convenience items typically found in
establishments with long or late hours of operation.
COUNCIL - The City Council of the City of Eagle.
DAIRY FARM - A farm whose principal function is the production of milk and milk products and which may
include the processing of milk so produced. A dairy farm further refers to a dairy barn, processing facility
or feeding area where animals where animals are kept, raised or fed in a restricted area, and where the
milking area is subject to the approval of the Idaho State Department of Health and Welfare.
DENSITY - A unit of measurement; the number of dwellings units per acre of land.
A. Gross Density: The number of dwelling units per acre of total land to be developed, including public
right of way.
B. Net Density: The number of dwelling units per acre of land when the acreage involved includes only
the land devoted to residential uses, excluding public right of way.
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DESIGN REVIEW ORDINANCE - The Design Review Ordinance of the City, as adopted by the City, or as may
hereafter be amended and/or codified)
DETENTION FACILITIES - Publicly owned and operated facilities providing housing. care. and supervision for
persons confined by law.
DWELLING, MULTI -FAMILY - A dwelling consisting of three (3) or more dwelling units including townhouses
and condominiums with varying arrangements of entrances and party walls. Multi -family housing may
include public housing
DWELLING, SINGLE FAMILY - A dwelling consisting of a single dwelling unit only, separated from other
dwelling unit by open space. This classification includes manufactured homes and anv home in which
eight (81 or fewer supervised unrelated mentally and/or physically handicapped or elderly persons reside.
DWELLING, TWO- FAMILY - A dwelling, consisting of two (2) dwelling units which may be either attached side
by side or one above the other.
DWELLING UNIT - Space within a dwelling comprising living, dining, sleeping room or rooms and storage
closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one
family and its household employees.
EASEMENT - Authorization by a property owner for the use by another, and for a specified purpose, of any
designated part of his property.
EMERGENCY HEALTH CARE - Facilities nrovidine emergency medical service with no provision for continuing
care on an inpatient basis.
FACADE - The front or chief face of a building.
FAMILY - One or more persons occupying a single dwelling unit; provided, that all members are related by blood,
adoption or marriage.
FARM - Buildings and premises used for the raising and processing of farm products in an agricultural setting by an
individual or an association which operates and manages the farm either as owner or tenant, at a site used
for a farm residence and associated farm accessory buildings.
FEED LOT OR STOCKYARD - Primarily where laree numbers of livestock are fed concentrated feeds particularly
for the purpose of fattening for market.
FLEX SPACE - Allows for uses that generally reauire substantial amounts of storage and working area as well as
office and/or showroom space. This use is not intended to hermit warehousing or manufacturing that has
high levels of truck activity. Loading docks shall be at the rear of the structure. shall be screened from
view from street and neighboring uses. and loading ramps shall be a maximum of two feet high to
discourage tractor trailer use. Examples of uses include but are not limited to. custom bookbinding..
ceramic studios. candle -making shops. custom iewelry manufacture. lightina/plumbing fixture
showrooms. small merchandise assembly. and low intensity sales and distribution facilities. Gross floor
area of each building used as "flex space" shall be a maximum of 30.000-sauare feet. Buildings may be
' See Chapter 2, Article A of this Title.
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comprised of several lease spaces. Hours of operation shall be limited to between 6 am to 10 n.m.
FOOD & BEVERAGE SALES - Retail sales of food and beverages for off-site preparation and consumption.
Typical uses include groceries. liquor stores. delicatessens. or bakeries. and exclude convenience stores and
catering services.
FRONTAGE ROAD - A road which has unlimited access to collector and access streets but has limited access to
arterial streets. Access onto arterial streets is limited to one thousand five hundred feet (1,500') between
points.
GOVERNMENT OFFICES - Administrative. clerical. or public contact offices of a government agency. including
postal facilities. together with incidental storage and maintenance of vehicles.
HARDWARE STORES - Sales of home and commercial building supplies. This use does not include building
supply outlets.
HEALTH AUTHORITY - The local District Health Department or State Department of Health and Welfare that has
jurisdictional authority. (Ord. 159, 1-9-90)
HEALTH CLUBS. SPAS. WEIGHT REDUCTION SALONS - Establishments with eauinment for exercise and
physical conditioning.
HEIGHT - The height of personal wireless facilities, spires, poles, antennas, steeples, towers, and similar structures
shall be determined by measuring the vertical distance from the point of contact with the ground to the
highest point of the structure, including any vertical projection thereof. When mounted upon other
structures, the combined height of the personal wireless facility, spire, pole, antenna, steeple, tower, and/or
similar structure, including the height of the structure mounted upon, shall be used to determine height.
HELIPORTS - Pads and facilities enabling takeoffs and landings by helicopters
HISTORIC PRESERVATION - The research, documentation, protection, restoration and rehabilitation of buildings,
structures, objects, district, areas, and site significant in the history, architecture, archaeology or culture of
this community, the State, or the nation.
HISTORIC PROPERTY - Any building, structure, area of site that is significant in the history, architecture,
archaeology or culture of this community, the State, or the nation. (Ord. 157, 10-24-89)
HOME & BUSINESS SERVICES - Provisions of recurrently needed services for business and residential uses.
Uses include upholsterers. photocopying and small print shops.
HOME OCCUPATION - Any use customarily conducted entirely within a dwelling and carried on by the
inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling
purposed and which use does not change the character thereof or does not adversely affect the uses
permitted in the zone of which it is a part.
HORTICULTURE - General: The raising of vegetables. flowers. ornamental trees and shrubs as a commercial
enterprise, including the storage of nursery eauipment and materials and the erection of nursery structures.
Limited: The raising of vegetables. flowers. ornamental trees and shrubs as a commercial enterprise.
provided that no nursery eauipment or materials shall be stored and no structures erected. Commercial
horticulture accessory to a dwelling unit shall be regulated as a home occupation.
HOSPITAL - An institution devoted primarily to the maintenance and operation of facilities for the medical or
surgical care of patients for twenty four (24) hours or more. This classification includes incidental facilities
for outpatient treatment. as well as training, research. and administrative services for patients and
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employees. The term hospital does not include convalescent, nursing or boarding homes and does not
include institutions devoted to the care of the mentally ill or drug and alcohol addicted.
HOTEL - Establishments offering rooms as lodging on a less than weekly basis to guests. Hotels typically have
eating and drinking service and a dining room where meals are served.
MANUFACTTJR2ig, INDUSTRIAL (EXTRACTIVE) - Any mining, quarrying, excavating, processing, storing,
separating, cleaning or marketing of any mineral natural resource.
MANUFACTT.Jt1TN INDUSTRIAL (HEAVY) - Manufacturing, processing, assembling, storing, testing and
similar industrial uses which are generally major operations and extensive in character, require large sites,
open storage and service areas, extensive services and facilities, ready access to regional transportation and
normally generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution and water
pollution, but not beyond the district boundary.
FAcThTPJ)T , INDUSTRIAL (LIGHT) - Manufacturing or other industrial uses which are usually
controlled operations; relatively clean, quiet and free of objectionable or hazardous elements such as
smoke, noise, odor or dust; operating and storing within enclosed structures and generating little industrial
traffic and no nuisances.
INDUSTRY - Custom: Establishments primarily engaged in on-site production of goods by hand manufacturing
involving the use of hand tools and small scale eauipment.
Limited: Includes mechanical eauipment not exceeding two horsepower or a single kiln not exceeding
eight kilowatts and the incidental direct sale to consumers of only those goods produced on-site. Typical
uses include custom bookbinding. ceramic studios .candle -making shops. and custom iewelry manufacture.
INDUSTRY RESEARCH & DEVELOPMENT - Establishments primarily engaged in the research. development,
and production of high technology electronic. industrial or scientific products or commodities for sale, but
prohibits uses that may be obiectionable by reason of production of offensive odor. dust. noise. vibration,
or storage of hazardous materials. Example of uses include. but are not limited to. biotechnology firms,
and computer component manufacturers.
INSTITUTION - Building and/or land designed to aid individuals in need or mental, therapeutic, rehabilitative
counseling or other correctional services.
JUNK YARD - An outdoor space where waste and discarded or salvaged materials are bought, sold, exchanged,
baled, packed, disassembled, stored or handled, including house wrecking yards, used lumber yards and
places where such uses are conducted entirely within a completely enclosed building, such as pawn shops
and establishments for the sale, purchase or storage of used furniture and household equipment or for used
cars in operable condition, or salvaged materials incidental to manufacturing operations.
KENNEL (for hobby, commercial or boarding purposes) - Any lot of premises or portion on which three (3) or
more dogs, cats and other household domestic animals are maintained, harbored, possessed, boarded, bred
or cared for in return for compensation or kept for sale including privately or publicly
LABORATORIES - Establishments providing medical or dental laboratory services: or establishments with less
than 2.000 sauare feet providing photographic. analytical. or testing services. Other laboratories are
classified as Industry Limited.
LAUNDROMAT- Businesses providing self service cleaning facilities for clothing and other fabric articles.
LAUNDRY (with no drive -up service) - A business which launders and dry cleans clothing and other fabric articles
in bulk.
With Drive -Up Service: Institutions providing services accessible to persons who remain in their
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automobiles. Drive -un service is classified separately because it is not appropriate at all locations.
LIVE ENTERTAINMENT EVENTS - Temporary concerts and other cultural events lastine less than seven days or
ongoing occasional events such as barn dances. square dances. weddings and receptions.
LOADING SPACE, OFF-STREET - Space logically and conveniently located for bulk pickups and deliveries,
scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off street
parking spaces are filled. Required off-street loading space is not to be included as off-street parking
space in computation of required off-street parking space. All off-street loading spaces shall be located
totally outside of any street or alley right of way.
LOT - A parcel of land of sufficient size to meet minimum zoning requirements for use, coverage and area, and to
provide such yards and other open spaces as are herein required. Such lot shall have frontage, as may be
reauired within Eagle City Code. on an improved public street, or on an approved private street, and may
consist of:
A. A single lot of record:
B. A portion of a lot of record; and
C. A combination of complete lots of record, or of portions of lots of record.
LOT COVERAGE - The ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected
area of the lot, expressed as a percentage.
LOT FRONTAGE - The front of a lot shall be construed to be the portion nearest the street. For the purpose of
determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be
considered frontage and yards shall be provided as indicated under "Yards in this Section.
LOT, MINIMUM AREA OF - The area of a lot is computed exclusive of any portion of the right of way of any
public or private street.
LOT OF RECORD - A lot which is a part of a subdivision recorded in the office of the County Recorder; or a lot or
parcel described by metes and bounds, the description of which has been so recorded.
LOT TYPES - Terminology used in this Title with reference to corner lots, interior lots and through lots is as
follows:
Corner lot: A lot located at the intersection of two (2) or more streets;
Interior lot: A lot with only one frontage on a street;
Through lot: A lot other than a corner lot with frontage on more than one street. Through lots abutting
two (2) streets may be referred to as double frontage lots; and
Reversed frontage lot: A lot on which frontage is at right angles to the general pattern in the area. A
reversed frontage lot may also be a corner lot.
MOBILE HOME - A detached single-family dwelling unit with all of the following characteristics:
A. Designed for a long-term occupancy and containing sleeping accommodations, a flush toilet, a tub or
shower bath and kitchen facilities with plumbing and electrical connections provided for attachment to
outside systems;
B. Designed to be transported after fabrication on its own wheels, or on flatbed or other trailers or
detached wheels; and
C. Arriving at the site where it is to be occupied as a dwelling complete, including major appliances and
furniture, and ready for occupancy except for minor and incidental unpacking and assembling operations,
location on foundation supports, connection to utilities, and the like.
MOBILE HOME COURT (RV) - Any site or tract of land whereupon two (2) or more mobile homes, travel trailers,
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or recreational vehicles are placed, located and maintained for dwelling purposes on a temporary basis.
MOBILE HOME PARK - Any site or tract of land under single ownership upon which two (2) or more mobile
homes in habitation are parked, either free of charge or for revenue purposes, including any roadway,
building, structure, vehicle or enclosure used or intended for use as part of the facilities of such park.
MOBILE OFFICE - A detached mobile unit not intended for occupancy as a dwelling unit designed to be
transported after fabrication on its own wheels or on flatbed or other trailers or detached wheels. Use of
mobile office at other than a construction site requires a conditional use permit.
MODULAR HOME - Constructed with standardized units or dimensions for flexibility and variety in use.
MOTELS - Establishments offering lodging on less than weekly basis. This classification may include incidental
eating or drinking service.
MUSEUM - Institutions displaying or nreserving obiects of interest in one or more of the arts or sciences. This
classification includes museums. and art galleries.
NONCONFORMING USE - A building, structure or use of land existing at the time of enactment of this Title, and
which does not conform to the regulations of the district in which it is situated.
NONPROFIT REHABILITATION CENTER - Facilities operated by established nonprofit organizations such as
Goodwill Industries, Salvation Army. etc. which are intended to provide employment and training for
handicapped persons. Such facilities may include. but are not limited to. activities such as light assembly
of products, training, administrative office. repair and sale of secondhand clothing. furniture and
appliances. and may include certain facilities for persons with profound mental retardation. This use does
not include homeless shelters or other forms of transient or permanent residential accommodation.
NURSERY, PLANT MATERIALS - Land, building or combination thereof for the storage, cultivation,
transplanting of live trees, shrubs or plants offered for retail sale on the premises including products used
for gardening or landscaping.
NURSING/CONVALESCENT HOME - 'tij tkz tar: mi
Establishments providing care on a twenty-four
hour basis for persons reauiring regular medical attention. but excluding facilities providing surgical or
emergency medical services. This classification also includes senior assisted living facilities with
provisions for shared kitchen facilities and rooms with private bathrooms.
OFFICES. BUSINESS & PROFESSIONAL - Offices of firms or organizations providing professional. executive.
management, or administrative services. This classification includes medical/dental laboratories incidental
to an office use. but excludes banks and savings and loan associations.
OPEN SPACE - A common area platted as a separate lot, provided within a recorded easement. or an-tfea dedicated
to and accepted by the City;_ The area shall be substantially open to the sky, exclusive of streets, buildings
and other covered structures, and shall be designated and intended as a useable and convenient amenity to
any proposed development. Floodwav areas. wetland areas. drainage ditches. irrigation ditches. and
similar features shall not be considered as a part of the minimum area of onen space required. (Ord. 242,
6-28-94)
PARAPET or PARAPET WALL - That portion of a building wall that rises above the roof level.
PARK & RECREATION FACILITIES - Noncommercial narks. playgrounds. recreation facilities and onen spaces.
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PARKING LOT, PARKING GARAGE - Parking lots or garages offering short-term or long-term parking.
PARKING LOT. PARKING GARAGE COMMERCIAL - Parking lots or garages offering short-term or lone -term
narking to the public for a fee.
PARKING SPACE, OFF-STREET- An off-street parking space shall consist of an area adequate for parking an
automobile with room for opening doors on both sides, together with properly related access to a public
street or alley and maneuvering room, but shall be located totally outside of any street or alley right of way.
PAWN SHOPS - General: Establishments licensed by the Eagle City Code and engaged in the buying or selling of
new or secondhand merchandise, including minimal numbers of used autos. and offering loans secured by
personal property.
Auto: Exclusive. Auto pawnshops are those businesses dealing exclusively in offering loans secured by
automobiles. trucks. motorcycles, recreational vehicles. travel trailers and similar vehicles. the storage of
which requires one or more large narking areas. An auto pawn dealer may sell unredeemed pawned
vehicles: however. the auto pawn classification does not include the sale of new vehicles unless auto pawn
business is in coniunction with and on the premises of a new vehicle dealership.
PERFORMANCE BOND or SURITY BOND - A financial guarantee by a subdivider or developer with the City in
the amount of the estimated construction cost guaranteeing the completion of physical improvements,
according to plans and specifications within the time prescribed by the agreement.
PERSONAL IMPROVEMENT - Provision of instructional services or facilities. including photography, fine arts.
crafts, dance or music studios, driving schools. riding academies. business and trade schools. and diet
centers. reducing salons. and fitness studios.
PERSONAL SERVICES - Any enterprise conducted for gain which primarily offers services to the general public
such as shoe repair, watch repair, barber shops, beauty parlors and similar activities.
PERSONAL WIRELESS FACILITIES - Facilities necessary for the provision of personal wireless services (i.e.:
towers, support buildings, etc.).
PERSONAL WIRELESS SERVICES - Commercial wireless telecommunication services including cellular,
personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized
mobilized radio (ESMR), paging, and similar services that are marketed to the general public.
PLANNED UNIT DEVELOPMENT - An area of land in which a variety of residential, commercial and industrial
uses developed under single ownership or control are accommodated in a pre -planned environment with
more flexible standards, such as lot size and setbacks, than those restrictions that would normally apply
under these regulations.
PRIVATE ROAD - A road, street, alley, or bridge that is not laid out or established by the State of Idaho or a
subdivision of the State or dedicated to the State or a subdivision of the State and accepted by such entity
or used by the public for a period of not less than five (5) years and worked and kept up by, at the expense
of, the public during that period of time.
PROFESSIONAL ACTIVITIES - The use of offices and related spaces for such professional services as are
provided by medical practitioners, lawyers, architects, engineers and similar professions.
PUBLIC SERVICE FACILITY - The erection, construction, alteration, operation or maintenance of buildings,
power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants
and other similar public services structures by a public utility, by a railroad whether publicity owned or
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privately owned, or by a municipal or other governmental agency, including the furnishing of electrical,
gas, rail transport, communication, public water and sewage services.
PUBLIC USES - Public parks, schools, administrative and cultural buildings and structures, not including public
land or buildings devoted solely to the storage and maintenance of equipment and materials and public
service facilities.
QUASI -PUBLIC USE - Churches, Sunday schools, parochial schools, colleges, hospitals and other facilities of an
educational, religious, charitable, philanthropic or nonprofit nature.
RESEARCH ACTIVITIES - Research, development and testing related to such fields as chemical, pharmaceutical,
medical, electrical, transportation and engineering.
RESTAURANT (DRIVE-IN) - A restaurant which primarily serves patrons in vehicles narked outside the principal
building. Patrons are served at the vehicle and these facilities tvpically have no indoor seating. This use
does not include restaurant's with drive -up window service.
RESTAURANT (WITH DRIVE-THRU) - A restaurant. typically with indoor seating. which includes drive -up
window service for ordering food to go.
RETAIL SALES - General: The retail sale of merchandise not specifically listed under another use classification.
This classification includes department stores. clothing stores. video stores. and furniture stores. and
businesses retailing the following goods: toys. hobby materials. hand-crafted items. jewelry. cameras.
photographic supplies. electronic eauipment. records. sporting goods. kitchen utensils. hardware.
appliances. art antiaues. art supplies and services. paint and wallpaper carpeting and floor coverings. office
supplies. bicycles. and new automotive parts and accessories. (excluding services and installation).
Limited: Excludes furniture. hardware. paint and wallpaper. carpeting and floor covering. new automotive
parts and accessories and similar uses.
Pharmacies and Medical: Establishments primarily selling prescription drugs. and medical supplies and
equipment.
RIDING ACADEMIES/STABLES - Establishments offering facilities for instruction in horseback riding. including
rings, stables, and exercise areas. and facilities for the care and exercise of horses and related eauestrian
activities.
RIGHT OF WAY - A strip of land taken or dedicated for use as a public way. In addition to the roadway, it
normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include
special features (required by topography or treatment) such as grade separation, landscaped area, viaducts
and bridges.
ROADSIDE STAND - A temporary structure designed or used for the display or sale of agricultural and related
products, the majority of which have been grown on adjacent land.
SCHOOLS. PUBLIC or PRIVATE - Educational institutions having a curriculum comparable to that reauired in the
public schools of the State of Idaho.
SEAT - For purposes of determining the number of off street parking spaces for certain uses, the number of seats is
the number of seating units installed or indicated on each twenty four (24) lineal inches of benches, pews
or space for loose chairs. A row of benches. pews or loose chairs for every five feet of seating area shall be
considered for determining total possible number of rows.
SETBACK LINE - A line established by this Title, generally parallel with and measured from the lot line, defming
the limits of a yard in which no building or structure may be located above ground except as may be
provided herein.
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SHOPPING CENTER - A group of commercial establishments, planned, developed, owned and/or managed as a
unit related in location, size and type of shops to the trade area the unit serves. Shopping centers shall
provide services for a neighborhood or for the community. Neighborhood centers will typically be
comprised of between 30.000 - 100.000 -square feet of gross leasable floor area and community centers will
typically be comprised of between 100,000 - 450.000-sauare feet of gross leasable floor area.
SHOPPING MALL - A regional shopping facility comprised of many separate shops typically with two or more
maior anchors (usually full line department stores) with shops/maior anchors accessed mostly by indoor
halls/walking areas. Outdoor access may be provided for open air shopping malls. A shopping mall shall
provide services for a regional area. as well as the community. and will typically be comprised of between
450.000 - 850.000 -square feet of gross leasable floor area.
SIDEWALK - The portion of the road right of way outside the roadway which is improved for the use of pedestrian
traffic.
SIGN - A. Any device designed to inform or attract the attention of persons not on the premises on which the sign
is located.
B. Any identification, description, illustration, symbol, statute or device, illuminated or nonilluminated,
which is visible from any public place designed to advertise, identify or convey information, including any
landscaping where letters or numbers are used for the purpose of directing the public's attention to a
product or location, with the exception of window displays and State or national flags
1. Illuminated Sign: Any sign illuminated by electricity, gas or other artificial light including reflecting or
phosphorescent light
2. Lighting Device Sign: Any light, string of lights or group of lights located or arranged so as to cast
illumination on sign.
3. Off -Premises Sign: Any sign unrelated to a business or profession conducted, or to a commodity or
service sold or offered, upon the premises where such sign is located
4. On -Premises Sign: Any sign related to a business or profession conducted, or a commodity or service
sold or offered, or upon the premises where such sign is located.
5. Projecting Sign: Any sign which projects from the exterior of a building.
STOCKYARD, SLAUGHTERHOUSE, MEAT PACKING - An establishment maintained for the use of
slaughtering or maintaining stock or preparing or processing of products for human consumption in order
to prepare for sale to outlets.
STORY - That part of a building between the surface of a floor and the ceiling immediately above it.
STREET - A right of way which provides vehicular and pedestrian access to adjacent properties, the dedication of
which has been officially accepted. The term "street" also includes the terms highway, thoroughfare,
parkway, road, avenue, boulevard, lane, place or other such terms.
Access Street: A minor street which has the primary purpose of providing access to abutting properties
Alley: A minor street providing secondary access at the back or side of a property otherwise abutting a
street.
Arterial Street: Provides access from one part of the community to another and also provides for the
movement of vehicles through the community
Collector Street: Accommodates circulation within and between neighborhoods.
Private Street: A street that is not accepted for public use or maintenance which provides vehicular and
pedestrian access.
STREET FAIR - Provision of games. eating and drinking facilities. live entertainment. or similar activities not
reouiring the use of roofed structures for a maximum period of seven days. This classification includes
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block parties.
STRUCTURE - Anything constructed or erected, the use of which requires location on the ground or attachment to
something having a fixed location on the ground. Among other things, structures include buildings, mobile
homes, walls, fences and billboards.
TOWER - Any ground or roof mounted pole, spire, similar structure, or combination thereof, with a height, as
defined by this title, in excess of 15 feet, including supporting lines, cables, wires, braces, and masts,
intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus
above grade.
TRADE FAIRS - Display and sale of goods or eauinment related to a specific trade or industry for a maximum
period of seven days.
TRAVEL SERVICES - Establishments providing travel information and travel reservations to individuals and
businesses. This classification excludes care rental agencies. and reservation services that do not make
travel arrangements as a primary function of their operation.
TRUCK STOP, SERVICE STATION - A filling station or business enterprise using the premises primarily to sell
and supply motor fuel, lubricating oils and greases to on premises trade including large trucks as well as
automobiles, including sale of tires, batteries, accessories and related services. Major and minor motor
vehicle repairs, as well as special services to operators and drivers of trucks operating on an interstate basis
provided.
USE - The specific purposes for which land or a building is designated, arranged, intended or for which it is or may
be occupied or maintained.
VARIANCE - A modification of the requirements of this Title as to lot size, lot coverage, width, depth, front yard,
side yard, rear yard, setbacks, parking space, height of buildings or other provisions of this Title affecting
the size or shape of a structure or the placement of the structure upon lots, or the size of lots. A variance
shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing
of undue hardship because of the characteristics of the site and that the variance is not in conflict with the
public interest.
VETERINARY ANIMAL HOSPITAL or CLINIC - A place used for the care, grooming, diagnosis and treatment of
sick, ailing, infirm or injured animals, and those who are in need of medical or surgical attention and may
include overnight accommodations on the premises for the treatment, observation and/or recuperation. It
may also include boarding that is incidental to the primary activity.
VICINITY MAP - A drawing which sets forth by dimensions or other means the relationship of the proposed
developments to other nearby developments or landmarks and community facilities and services within the
general area in order to better locate and orient the area in question.
WALL - A continuous structure designed to enclose and area, to be the surrounding exterior of a building.
WALKWAY - A public way, four feet (4') or more in width, for pedestrian use only, whether or not along the side
of a road.
WAREHOUSING & STORAGE - Limited: Provision of storage space for household or commercial goods within
and enclosed building without direct public access to individual storage spaces. This classification includes
facilities with a maximum of five thousand sauare feet of gross floor area. but excludes wholesaling.
distribution and storage. mini -storage and vehicle storage.
Mini -Storage: Provision of storage space for household or commercial goods within an enclosed building
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with direct public access to individual storage spaces. Mav include vehicle storage to a maximum of
twenty percent of the site. (where greater that twenty percent to the site is allocated to vehicle storage. the
vehicle storage must be treated as a separate use.
WHOLESALING DISTRIBUTION & STORAGE - Storage and distribution facilities without direct public access.
k
YARD - A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a
structure from three feet (3') above the general ground level of the graded lot upward; provided,
accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and
requirements limiting obstruction of visibility.
Front Yard: A yard extending between the side lot lines across the front of a lot and from the front lot line
to the front of the principal building.
Interior Side Yard: A yard extending from the principal building to the side lot line on both sides of the
principal building between the lines establishing the front and rear yards.
Rear Yard: A yard extending between side lot lines across the rear of a lot and from the rear lot line to the
rear of principal building.
Street Side Yard: A yard extending from the principal building to the secondary street that adjoins the lot
between the lines establishing the front and rear yards.
ZONING PERMIT - A document issued by the Administrator authorizing the uses of land and structures, and the
characteristics of the uses. (Ord. 159, 1-9-90)
CHAPTER 2
ZONING DISTRICTS AND MAP
SECTION:
8-2-1: Districts Established, Purposes and Restrictions
8-2-2: Official Zoning Map; Incorporation by Reference
8-2-3: Schedule of District Use Regulations
8-2-4: Schedule of Building Height and Lot Area Regulations
8-2-1: DISTRICTS ESTABLISHED, PURPOSES AND RESTRICTIONS: The following zoning districts are
hereby established. For the interpretation of this Title the zoning districts have been formulated to realize the
general purposes as set forth in this Title. In addition, the specific purpose of each zoning district shall be as
follows:
A AGRICULTURAL DISTRICT: To maximize opportunities for agricultural activities by preserving land for
the purposes of cultivating the soil and raising livestock. Minimum lot size of twenty (20) contiguous acres, all of
which must be under single ownership to ensure protection of irrigation and surface water drainage systems.
A -R AGRICULTURAL -RESIDENTIAL DISTRICT: To provide for the transition of agricultural land no
longer used for extensive agricultural purposes into residential areas, while preserving agricultural uses compatible
with residential development. Gross density will shall not exceed one single family dwelling unit per five (5) acres.
R -E RESIDENTIAL - ESTATES DISTRICT: To provide opportunities for very low density residential land
use. compatible with the topography and public service capacities. Gross density shall not exceed one single family
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dwelling unit ner two (21 acres.
R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential neighborhoods.
Density in an R District shall be determined according to the numeral following the R. The numeral designates the
maximum number of dwelling units per acre. Multi -family units/developments are prohibited in R-1. R-2. R-3. R-4
and R-5 zoning districts. Centralized water and sewer facilities are required in all districts exceeding one dwelling
unit per acre (R-1).
L -O LIMITED OFFICE DISTRICT: To permit the establishment of groupings of professional, research,
executive, administrative, accounting, clerical, stenographic, limited commercial and similar uses. Development
shall not be traffic intensive and R - research facilities shall not involve heavy testing operations of any kind. The L-
0 District is also designed to act as a buffer between other more intense nonresidential uses and high density
residential uses, and is thus a transitional use.
C -A COMMERCIAL -AIRPORT: To permit the establishment of a commercial airport which is compatible with
property uses in other Eagle area districts.
C-1 NEIGHBORHOOD BUSINESS DISTRICT: To permit the establishment of convenience business uses
which tend to meet the daily needs of the residents of an immediate neighborhood while establishing development
standards that nrevent adverse effects on residential uses adioining a C-1 district. Such districts are typically
appropriate for small shopping clusters or integrated shopping centers located within residential neighborhoods.
C-2 GENERAL BUSINESS DISTRICT: To permit the establishment of areas for commercial uses allowed in
other commercial zones and commercial uses which are more intensive than those permitted in other commercial
zones, at 1,4u t:C 1A . Uses that
complement rather than compete with the uses allowed within the CBD zoning district shall be encouraged.
C-3 HIGHWAY BUSINESS DISTRICT: To permit the establishment of areas for travel related services such
as hotels. motels. service stations. drive-in restaurants. offices. limited warehousing. commercial services and retail
sales. This district is specifically designed in clusters to service the motoring public on major streets. Uses that
comnete with the uses allowed within the CBD zoning district shall be discouraged.
CBD CENTRAL BUSINESS DISTRICT: To accommodate and encourage further expansion and renewal in the
historical core business area of the community. A variety of business, public, quasi -public, cultural, residential and
other related uses are encouraged. The greatest possible concentration of retail sales and business will is to occur in
this district. Pedestrian friendly uses and developments are encouraged.
MANUFACTIJMIG DISTRICTS
M-1 LIGHT INDUSTRIAL DISTRICT: To encourage the development of manufacturing
and wholesale business establishments which are clean, quiet and free of hazardous or objectionable elements such
as noise, odor, dust, smoke or glare that is operated entirely within enclosed structures and generate little industrial
traffic. Research activities are encouraged. This District is further designed to act as a transitional use between
heavy manufacturing uses and other less intense businesses.
SHG nLm
INDUSTRIAL PARK DISTRICT: To encourage the development of technical nark/research and development
facilities and limited industrial activities including non -nuisance production. distribution and storage of goods. All
development within this district shall be clean. auiet. free of hazardous or obiectionable elements such as noise,
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odor. dust, smoke or glare. shall be operated entirely within enclosed structures. generate little industrial traffic. and
be designed to be within a landscaped setting. Offices and support commercial activities may also be permitted. All
development reauiring a conditional use permit in the M -1A zoning district. as shown in Section 8-2-3 "Schedule of
District Use Regulations. shall occur under the PUD process in accordance with Chanter 6 of this Title unless the
proposed development does not meet the area requirements as set forth in Eagle City Code Section 8-6-5-1. In that
case a cooperative development. in coniunction with adiacent parcels (to meet the minimum area reauirements),
shall be encouraged. Otherwise a conditional use permit shall be required unless the proposed use is shown as a
permitted use in the M -1A zoning district within Section 8-2-3 "Schedule of District Use Regulations".
M-2 HEAVY MANUFACTT..P_KNG INDUSTRIAL DISTRICT: To encourage the development of major
manufacturing, processing, warehousing and major research and testing operations. These activities shall include
certain uses excluded from the M-1 District for reasons of health, safety or general welfare.
M-3 EXTRACTIVE MANUFACTTJT_UNG INDUSTRIAL DISTRICT: To provide land for the mining,
processing and storage of mineral resources. This District is designed to assure that these resources be properly
managed and all land be reclaimed so as not to create a hazard or nuisance which either immediately or in the future
adversely affects the health, safety or general welfare of the community.
PS PUBLIC/SEMI-PUBLIC: To provide for public/semi-public development such as golf courses. parks.
recreation facilities. greenways. schools. and public service facilities such as government offices.
MU MIXED USE DISTRICT: To provide for a variety of uses such as limited office. limited commercial. and
residential developments. as an appropriate transition between existing or proposed heavier commercial or industrial
areas and existing or planned nearby residential uses. This district is intended to ensure compatibility of new
development with existing and future residential development. It is also intended to ensure assemblage of properties
in a unified plan with coordinated and harmonious development which shall promote outstanding design without
unsightly and unsafe strip commercial development. Uses that compete with the uses allowed within the CBD
zoning district shall be discouraged. All development requiring a conditional use permit in the MU zoning district.
as shown in Section 8-2-3 "Schedule of District Use Regulations. shall occur under the PUD process in accordance
with Chanter 6 of this Title unless the proposed development does not meet the area reauirements as set forth in
Eagle City Code Section 8-6-5-1. In that case a cooperative development. in coniunction with adiacent parcels (to
meet the minimum area requirements). shall be encouraged. Otherwise a conditional use permit shall be reauired
unless the proposed use is shown as a permitted use in the MU zoning district within Section 8-2-3 "Schedule of
District Use Regulations". Residential densities shall not exceed 20- dwelling units per gross acre.
DR DESIGN REVIEW OVERLAY DISTRICT: To guide the general appearance of building and
improvements to achieve the objectives of the Comprehensive Plan or other development plans as adopted by the
Council. The DR District is superimposed over all other districts within the entire City limits. (Ord. 159, 1-9-90)
P PLANNED UNIT DEVELOPMENT: This designation. following any zoning designation noted on the
official zoning map of the city of Eagle (i.e.: R -4-P). indicates that the development was approved by the City as a
Planned Unit Development. Density transfers may have been permitted as a part of the overall development.
DA DEVELOPMENT AGREEMENT: This designation. following any zoning designation noted on the
official zoning map of the city of Eagle (i.e.: C -2 -DA'. indicates that the zoning was approved by the City with a
Development Agreement. Specific provisions. as may have been incorporated within the Development Agreement.
are applicable to development within this zoning designation.
8-2-2: OFFICIAL ZONING MAP; INCORPORATION BY PREFERENCE:
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A. Map Adopted: The districts established in Section 8-2-1 of this Chapter are shown on the Official Zoning
Map, as now existing or as may hereafter be amended, together with all explanatory material thereon, are
hereby incorporated into this Title as if set forth in full within this Title. (Ord. 102, 12-13-85)
B. Boundaries of Districts: Where uncertainty exists with respect to the boundaries of any of the zoning
districts as shown on the Official Zoning Map the following shall apply:
1. Where district boundaries are indicated as approximately following the center line of street lines,
highway right-of-way lines, streams, lakes or other bodies of water, the center line shall be construed to be
such boundary;
2. Where district boundaries are indicated that they approximately follow the lot lines, such lot lines shall
be construed to be said boundaries;
3. Where district boundaries are so indicated that they are approximately parallel to the center lines or
street lines of streets, or the center lines or right-of-way lines of highways, such district boundaries shall be
construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map.
If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official
Zoning Map; and
4. Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in
the middle of the main tracks of said railroad line. (Ord. 40, 10-1978, rev. 9-1980; amd. Ord. 56, 8-12-80)
8-2-3: SCHEDULE OF DISTRICT USE REGULATIONS: District regulations shall be as set forth in the
Official Schedule of District Regulations an4 in the performance standards in Chapter 3 of this Title. and as
otherwise provided within Eagle City Code. The Official Schedule of District Regulations is divided into €eur five
(4-) land use groups: agricultural, residential, commercialiand industrial, and public/semi-public. To determine in
which district a specific use is allowed:
A. Find the use in one of the land use groups;
B. Read across the chart until either "P" or "C" appears in one of the columns; and
C. If "P" appears, the use is an allowed use; if "C" appears, the use is only allowed upon the issuance of a
conditional use permit: if no letter appears the use is prohibited,.
The Administrator shall interpret the appropriate district for land uses not specifically mentioned by determining the
district in which similar uses are permitted. If the Administrator determines that a proposed use is not specifically
mentioned and is not similar to any specifically mentioned use the Administrator shall determine that the use is,
prohibited. When several combined land uses exist, or are proposed, the most intensive land use shall be considered
as the primary activity.
OFFICIAL SCHEDULE OF DISTRICT REGULATIONS
("P" - Permit Uses / "C" - Conditional Uses/ No "P" or "C" - Prohibited Use)
LAND USES DISTRICTS
A IA -R IR_E IR IL -O IC -A IC -1 IC-2IC-3ICBD IM -1 IM-IA,M-2IM-3 IPS IME
AGRICULTURAL
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Agricultural and forest P
Dairy Farm C
Farm P P
Fanner's markets (outdoor) P P P
Feed lot and stockyard C C
Horticulture (general) P P P P P P P
Horticulture (limited) P P P P P P P P
Roadside stand (pesmanent G -P P P P G -P GP GP P G P
temporary structure)
Turf and /or tree farm P C
Vineyard P C
A A -R R -E R L -O C -A C-1 C-2 C-3 CBD M-1 M -1A M-2 M-3 PS MU
RESIDENTIAL
Apartment house C C G G GC C
Boarding or lodging house C C G G GC C
or dormitory
Home occupation P P P P P IL P P
Mobile home (single unit) G G G C C
(primary residence)
Mobile home (single unit) C C C C C
(temporary living uuarters)
Mobile home court (RV) C G C C
Mobile home park C G G 1112 C
Multi -family dwelling P C C G I C C
Planned unit development C C C C CCCC C C C C
Single-family dwelling P P P P C G C C
Two-family dwelling G G P C G C C
A A -R R -E R L -O C -A C-1 C-2 C-3 CBD M-1 M -1A M-2 M-3 PS MU
COMMERCIAL
Adult business C
Airport P
Ambulance services C P C C C
Animal shows or sales P C C P P C P C
Artist's studios P P P
Arts and crafts shows C P P P C
Auction facility C GC GG P C P
Automotive body shop P P P C P
G 12 Iz P P 1?
Automotive gas station G G CP PR
r fuel
islands
Automotive gas station/ GP PR
service shop
Automotive. Trailer, G P -C P I2 P C P
mobile home, travel trailer,
and/or farm implement
sales yard
Automotive repair P P P C
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Automotive storage ( C
Automotive washing C P P P P C
facility
Bakery plant (wholesale) I 6 6 P C
Banks/ er-ether financial P P P1a P
institutions (no drive-dwa
up service)
Banks/financial institutions C P C
(with drive -up service)
Bar CCCC
IBeauty/barber shop
I Bed and Breakfast facility
I Building supply outlet
Cabinet shop
Catering service
P
P
C C C 6-P PPPP
C C C C C C
P C P -C P C P
A A -R R -E R L -O C -A C-1 C-2 C-3 CBD M-1 M -1A M-2
G P P 6 P C P
P P P
Cemetery 1 C C C C C CCCG C C
Child -safe -€acuity
Child care - family day P P P P C C P
WO
Child care - group day -case C C C C C CCCC 6
Child care - day care center C C C C C CCCC 6
Christmas tree sales P P PPPP P P
Church C C C C P PPPP
Circuses and camivals C P P
Clinic
Club or lodge 1 p p P I P p
Commercial entertainment I I C C I P C I P C P
facilities (indoor)
Commercial entertainment C I C ( P C I p C( P
facilities (outdoor)
Communication facilities C I C I P p I p 1 p p
Convenience store with no C C C C P P P P
fuel service
Convenience store with C P I P
fuel service
Banc-.., mu! f,eise ctedio 1 6 1 6 I P 1 P 1 P
Detention facilities 1 1 1 1 I C
standI 6 6 I6 6
Drive-in theater 1 1 1 C C 1 6 G C I C
Drugstore 1 C 1 C IP P I P
Electronic sales, service, or P P I P P I p
repair shop
Emergency health care 1 1 1 C P 1 C C
Equipment rental and sales C C P I C C
yard
Pilfa-laboratory 1 G 1 P P P 1 P
Flex Space 1 1 1 p
Page 21 of 30
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P
C
C
P
C
M-3 PS MU
P
C
P
C
C
P P
P
P C
IP
C
C
I�
C
Food SteferdelisatesseilT C P PP P P
bakery-and beverage sales —
11 PPP
Hardware store P P
Health clubs, spas, & C P PPP P
weight reduction salons
Heliports P
Home and business P P P PP P P
services
Hospital,-nursing-herd C C -P G-P C C C
Hotel PP P P
A A-R R-E R L-O C-A C-1 C-2 C-3 CBD M-1 M-IA M-2 M-3 PS MU
Institution C C
Kennel C C C C C C C C C
Laboratory medical; G P P PP P P C
dentaleptisal-Laboratories
Laundromat,_cel€service C PPPP P C
cleaner
Laundry, commercial-plant C P P P P p
(with no drive-up service)
Laundry (with drive-up C P P P C
service
Live entertainment events C C CP CP C
Massage Spa C CCCC C
Mobile office C C C C C C C C
Mortuary C C C C
Motel PP PP
Newspaper G IZ 12 P I?
Non-profit rehabilitation C C
center
Nursery, llewers +d-plants P C C C P PP P P P C
plant materials
Nursing/convalescent C C C C
home
Office, business & P PPPP C C
professional
G G G G G G G
Pawn shoos (general) C C
Pawn shoes (auto) C C
Parking lot, parking garage C PP PPC P C C
Commercial
Parking lot, parking garage P P P C P P p P P
Personal improvement P P P PP P
Personal services P P P PP P
Personal Wireless Facilities C C P P P P P P P P P P P P
(height - 35-feet or less)
Personal Wireless Facilities C C C C C C C C C C C
(height - over 35-feet)
Photographic studio P PPPP P
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• mmaGy;G R AR R 1?
Printing and/or G -P PP P P P P
blueprinting
Professional activities P PP PP P
Reducing-salen R R R R R
Restaurant (no drive-thrul C P -C P P PP P
Restaurant (with drive- P P
thru
Restaurant (drive-in) P P
Retail stere-and-sewise C CP P P
sales (General)
A A -R R -E R L -O C -A C-1 C-2 C-3 CBD M-1 M -1A M-2 M-3 PS MU
Retail stns service P P P PP C
sales (Limited)
Retail stere -and -service C PPPP P
sales (Pharmacies and
medical
Riding academies/stables P C C C
Shop, contractors and or C P P C P
yard)
I Shopping center CCCP
I Shopping mall G C C G -P
Sign shop, including P P R P C P
painting
Small engine repair C P P P C C
(mower, chainsaws, etc.)
G G
I Street fair P P P
I Storage (enclosed building) P P P PP P C P P C
I Storage (fenced area) C C CCCG C C P P C
IT-elevisien-statien G PR ILA G
Tire shop, including PP PP P C
recapping
Trade fair P P C
Travel services P PPPP P
I Truck stop GCP G C C
Upholstery shop P P P P PC C
I` Vet clinic (animal hospital) C C C P P GP P P
1 Welding, tool shop C R P R P C P
Woodworking shop P R P P R P C P
I! A A -R R -E R L -O C -A C-1 C-2 C-3 CBD M-1 M -1A M-2 M-3 PS MU
I INDUSTRIAL
Automotive Wrecking yard
or salvage (Ord. 271, 1-23-
1996)
Asphalt plant P P
I Beverage Bottling plant C C P
Billboard manufacture C C P
I` Cement or clay products P P
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manufacturing
Chemical storage and
manufacturing
Concrete batch plant
Dairy products' processing C
Food processing plant
Fuel yard
Grain storage
Ice manufacture, cold
storage
Industry (custom)
Industry (limited)
C
G C
P P
P C P P
P C
G P
P P
C C P
P P
P P
A A -R R -E R L -O C -A C-1 C-2 C-3 CBD M-1 M -1A M-2 M-3 PS MU
Industry (research and
development)
Junk yard G
Lumber yard, retail
Machine shop
Manufacturing, furniture
Mobile home
manufacturing
Monument works, stone
Petroleum storage
Planing mill
Public utility yard
Railroad yard or shop
Recycling operation
Rendering plant
Research activities
Sand or gravel yard
Sanitary landfill
Stockyard, slaughter house;
meat packing
Terminal yard, trucking I
Truck and equipment
repair and sales (heavy)
Warehousing, wholesaling
plant
Wood processing plant
G
P I P
G IG
IC
IC
C C
G
C-3
A l A -R I RR=E I R I L-0 I C -A C-1 I C-2
PUBLIC/SEMIPUBLIC
Golf course and related C C C C C P P P
services
Government building, P P P P
offices
Library C C P PP P
Museum C C P PP P
Park and recreation C C C C C C C GP
P
PC
P C
G P C
G I
C IC
G I
PC IC
PC
P
G
P
C C
P C
G
CBD M-1 M -1A
P
P P P
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P -C C
P
P
P
P
P
PC PC
P
P
P
C
C
C P
C PC
C
P 1
P
P
P
M-2 M-3 PS MU
P C
P P
P C
P C
P C
facilities
Public service building C C C C C C PC PC PC PC C C C C C C
facilities
Schoolollege-public or C C C C C CCCC P C
rivate
G G G G GGGG
ssheoi�
8-2-4: SCHEDULE OF BUILDING HEIGHT AND LOT AREA REGULATIONS:
OFFICIAL HEIGHT AND AREA REGULATIONS
Minimum Yard Setbacks
Note condition (A) to (GD*
Zoning Maximum Interior Street Maximum Minimum Lot Area (Acres Minimum Lot
District Height Front Rear Side Side Lot Covered or Sq. Ft.) (H -G& I-II * Width (3I�*
A 60' 60' 30' 4$ 45' 10% N/A 2.0 acres 100'
30"
A -R 35' 60' 30' 30' 45' 10% 2 4.7 -acres 100'
R -E 35' 50" 30" 20" 35" 10% 1.8 -acres 100'
R-1 35' 30' 30' 15' 30' 35% 37,000 100'
R-2 35' 30' 30' 10' 20' 40% 11,52017,000 75'
R-3 35' 30' 25' 7.5' 20' 40% 10,000 75'
R-4 35' 20' 25' 7.5' 20' 40% 8,000 70'
R-5 35' 20' 25' 7.5' 20' 40% 7,000 70'
R-6 to
R-25 35' 20' 25' 7.5' 20' 60% N/A 7,000 50'
L -O 35' 39' 20' 7.5' 20' 60% 2,000 25'
20'
C-1 35' 15' 0' 0' 10' 50% 2,000 25'
C-2 60'35' 0' 0' 0' 0' 92% 1,300 25'
C-3 60' 35' 0' 0' 0' 0' 92% 1,300 25'
CBD 80-' 35' 0' 0' 0' 0' 92% 500 25'
M-1
M -1A
60' 35' 0' 0' 0' 0' 92% N/A 25'
35' 20' 0" 0" 20' 50% N/A 25'
Page 25 of 30
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M-2 602,35' 0' 0' 0' 0' 92% N/A
M-3 60135' 0' 0' 0' 0' 92% N/A
lMU 35' 20' 20' 7_5' 20' 50% 7,000
Page 26 of 30
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25'
25'
50'
Note Conditions
(A) Measured from the foundation to the property line. No portion of the structure may extend more than two
feet (2') into the side yard setback. Open structures such as porches, canopies, balconies, platforms,
carports, covered patios and similar architectural projections shall be considered part of the building to
which it is attached and shall not project more than fifteen feet (15') into rear yard setback.
(B) Additional five feet (5') per story setback for multi -story structures. Height not to exceed three (3) stories
except by conditional use permit.
(C) All residential buildings in other than agricultural or residential districts must meet residential official
height and area regulations.
(D) Front yard setback from arterial and collector streets (as designated on the APA Functional Street
Classification Man) is thirty feet (30') in all residential zoning districts.
(F -E)
Classification Man) is twenty five feet (25') in all residential zoning districts.
multi ..to structu
Street side setback on arterial and collector streets (as designated on the APA Functional Street
(F--) In order to stimulate the rehabilitation and revitalization of the existing neighborhoods where the currently
platted residential lots are less in size than the seven thousand (7,000) square feet per dwelling unit,
applicants desiring to exceed the authorized forty percent (40%) maximum lot coverage may apply for a
conditional use permit.
(l=I G) A decrease of minimum lot size in a subdivision may be allowed if there is an offsetting increase of the
same percentage in open space and a planned unit development is applied for and approved.
(I_D All lots with street side frontage shall have a minimum lot area, that is ten percent (10%) larger than shown
in this Table.
(� I) Lot width shall be determined as follows: the distance between side lot lines measured at a point midway
between the front and rear lot lines. Minimum lot frontage, the portion of a lot front adjacent to a public or
private street, for all residential zoning districts shall be thirty five feet (35'). (Ord. 242, 6-28-94)
Page 27 of 30
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CHAPTER 3
PERFORMANCE STANDARDS
SECTION:
8-3-1: Purpose
8-3-2: Supplemental General Provisions
8-3-3: Supplemental Yard and Height Regulations
8-3-4: Commercial and Industrial Uses Restricted
8-3-5: Unique Land Uses
8-3-6: Street Improvements on State Street and Eagle Road
8-3-1: PURPOSE: The purpose of performance standards is to set specific conditions for various uses of areas
where problems are frequently encountered. (Ord. 40, 10-1978, rev. 9-1980)
8-3-2: SUPPLEMENTAL GENERAL PROVISIONS: In addition to all other regulations as specified in this
Title, the following provisions shall be adhered to:
A. Conversion of Dwellings to More Units: A residence may not be converted to accommodate an increased
number of dwelling units unless:
1. The yard dimensions still meet the yard dimensions required by the zoning regulations for new
structures in that district;
2. The lot area per family equals the lot area requirements for new structures in that district and the
number of dwelling units ner acre is less than or eaual to the reauirement in that district:
3. The floor area per dwelling unit is not reduced to less than that which is required for new construction
in that district; and
4. The conversion is in compliance with all other relevant codes and ordinances.
B. Temporary Buildings: Temporary buildings, construction trailers, equipment and materials used in
conjunction with construction work only may be permitted in any district during the period construction
work is in progress, but such temporary facilities shall be removed upon completion of the construction
work. Storage of such facilities or equipment beyond the completion date of the project shall require a
zoning permit authorized by the Administrator.
C. Parking and Storing of Certain Vehicles: Automotive vehicles or trailers of any kind or type without
current license plates shall not be parked or stored on any residentially -zoned property other than in a
completely enclosed building or carport. Further, no boats, motor homes or other recreational vehicles
may be parked more than seventy two (72) consecutive hours in front of any residentially -zoned property.
One boat and one recreational vehicle may be stored in the side or rear yard.
D. Enclosed Trash Area: All trash and/or garbage collection areas for commercial, industrial and multi -family
residential uses shall be enclosed on at least three (3) sides by a solid wall or fence of at least four feet (4')
in height, and a solid wood gate on a metal frame shall enclose the fourth side, or shall be within an
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enclosed building or structure. Adequate vehicular access to and from such area of areas for collection of
trash and/or garbage as determined by the Administrator shall be provided.
E. Notwithstanding any other provision in this Title, a mobile home occupied by a family member may be
located upon a lot upon which a single-family dwelling already exists; provided that a conditional use
permit is applied for in accordance with Section 8-7-3-5, Eagle City Code, and the City Council determines
that the standards for the issuance of a conditional use permit set forth in Section 8-7-3-2, Eagle City Code,
are satisfied. (Ord. 192, 10-22-91)
8-3-3: SUPPLEMENTAL YARD AND HEIGHT REGULATIONS: In addition to all yard regulations
specified in Section 8-2-4 of this Title, and in other sections of this Title, the following provisions shall be adhered
to:
A. Visibility at Intersections: On a corner lot in any district, nothing shall be erected, placed, planted or
allowed to grow in such a manner as to materially impede vision between the height of two and one-half
and ten feet (2 1/2' and 10') above the center line grades of the intersecting streets in the area bounded by
the right-of-way lines of such corner lots and a line joining points along said street right-of-way lines
twenty five feet (25') from the point of intersection.
B. Fences in Front Yards: In any required front yard, no fence or wall shall be permitted which materially
impedes vision across such yard between the height of two and one-half and ten feet (2 1/2' and 10').
C. Yards in Multi -Family Dwellings: Multi -family dwellings shall be considered as one building for the
purpose of determining front, side and rear yard requirements. The entire group as a unit shall require one
front, one rear and two (2) side yards as specified for dwellings in the appropriate district.
D. Side and Rear Yards for Nonresidential Uses Abutting Residential Districts: Nonresidential buildings or
uses shall not be located nor conducted closer than forty feet (40') to any lot line of a residential district;
except that the minimum yard requirements may be reduced to fifty percent (50%) of the requirement if
acceptable landscaping or screening approved by the Council is provided. Such screening shall be a
masonry or solid fence between four and eight feet (4' to 8') in height, maintained in good condition and
free of all advertising or other signs. Landscaping provided in lieu of such wall or fence shall consist of a
strip of land not less than twenty feet (20') in width planted with an evergreen hedge or dense planting of
evergreen shrubs not less than four feet (4') in height at the time of planting.
E. Exception to Height Regulations: The height limitations contained in Section 8-2-4 of this Title do not
apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances
usually required to be placed above the roof level and not intended for human occupancy, except where the
height of such structures will constitute a hazard to the safe landing and take -off of aircraft at an
established airport.
F. Any buildable lot conforming to this title. with an zoning designation of A, A -R. R -E, R-1, R-2, R-3, R-4,
or R-5. shall be permitted a maximum of one single family dwelling unit per lot. Additional dwelling units
shall not be permitted within the above mentioned zoning designations unless specifically permitted
elsewhere within this title. Multi -family units/developments are prohibited in the above mentioned zoning
designations.
Section 2: Zoning designation changes to the official zoning map incorporation by reference.
Section 3: The provisions of this ordinance are hereby declared to be severable and if any provision of this act or the
Page 29 of 30
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application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall
not affect the validity of remaining portions of this ordinance.
Section 4: This ordinance shall take effect and be in force from and after its passage, approval, and publication as
required by law. In lieu of publication of the entire ordinance, a summary thereof in compliance with Section 50-
901A, Idaho Code, may be published.
DATED this 14th day of October, 1997
ATTEST:
CITY OF EAGLE
Ada County, Idaho
Mayor
guirre
AM
Page 30 of 30
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SUMMARY OF
ORDINANCE NO. 298
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING EAGLE
CITY CODE, TITLE 8 "ZONING," CHAPTER 1, "ZONING INTERPRETATION AND
DEFINITIONS," SECTION 1, "INTERPRETATION, SCOPE OF REGULATIONS AND
SECTION 2, "RULES AND DEFINITIONS"; CHAPTER 2, "ZONING DISTRICTS AND
MAP," SECTION 1, "DISTRICTS ESTABLISHED, PURPOSES AND RESTRICTIONS,"
SECTION 2, "OFFICIAL ZONING MAP INCORPORATION BY REFERENCE," SECTION
3, "SCHEDULE OF DISTRICT USE REGULATIONS," AND SECTION 4, "SCHEDULE OF
BUILDING HEIGHT AND LOT AREA REGULATIONS"; AND CHAPTER 3,
"PERFORMANCE STANDARDS," SECTION 1, "PURPOSE," SECTION 2,
"SUPPLEMENTAL GENERAL PROVISIONS," AND SECTION 3, "SUPPLEMENTAL YARD
AND HEIGHT REGULATIONS"
A summary of the principal provisions of Ordinance No. 298 of the City of Eagle, Ada
County, Idaho, adopted on October 14, 1997, is as follows:
Section 1: Amends Eagle City Code as follows:
A. Section 8-1-1(D) is amended to require that public streets be constructed as required
by Ada County Highway District or the Eagle City Code, whichever standard is higher, and to
require that private streets be constructed as required by the Eagle City Code.
B. Section 8-1-2, "Rules and Definitions," is amended to provide for the following:
defines accessory uses and structures for residential zones; defines adult business establishments
and provides for placement requirements; defines "Administrator" as one who is appointed by the
Mayor with the consent of the Council; provides definitions for, or amends existing definitions
for, ambulance services, animal shows, artists' studios, outdoor arts and crafts shows, auction
facilities automotive body shops, automotive fuel islands, automotive gas stations/service shops
(and permissible uses), automotive storage, automotive washing facilities, automotive wrecking
or salvage yards, banks and financial institutions, bed and breakfast facilities, catering services,
cemeteries, Christmas tree sales, circuses and carnivals, commercial entertainment facilities,
communication facilities, convenience stores, detention facilities, single family dwellings,
emergency health care facilities, feed lot or stockyards, flex space (uses that generally require
substantial amounts of storage and working area as well as office and/or showroom space), retail
food and beverage sales; government offices, hardware stores, health clubs, spas and weight
reduction salons, heliports, home and business services, general horticulture enterprises (includes
storage of nursery equipment or materials and erection of nursery structures), limited horticulture
enterprises (no nursery equipment or materials stored and no nursery structures erected), incidental
hospital facilities for outpatient treatment or training, research, and administrative services, hotels,
industrial uses (light, heavy, and extractive), custom industrial uses (on-site production of goods
involving hand tools and small scale equipment), limited industrial uses (on-site production
Page 1
involving limited mechanical equipment and incidental direct sales), industry research and
development, laboratories (non -limited industry, to include medical dental, photographic
analytical, or testing services), laundromats, laundries (with and without drive -up service), live
entertainment events, mobile home and RV courts, motels, museums, nonprofit rehabilitation
centers, nursing/convalescent homes (providing 24-hour care to persons, including, but not limited
to, the elderly), business and professional offices, park and recreation facilities, parking lots and
garages (including commercial), pawnshops (general and auto), personal improvement facilities
(including instructional services or facilities), restaurants (both drive-in and drive-thru), retail sales
facilities (general, limited, pharmacies, and medical), public or private schools, seating units
(described for purposes of determining the required number of off-street parking spaces),
neighborhood shopping centers, shopping malls, street fairs, trade fairs, travel service
establishments, warehousing and storage facilities (limited and mini -storage), wholesaling
distribution and storage facilities, and to delete wrecking yards.
C. Section 8-2-1, "Districts Established, Purposes and Restrictions," is amended as
to provide definitions for, or to amend existing definitions for the following: "Residential -Estates
District," "Residential District," "Limited Office District," "Neighborhood Office District,"
"General Business District," "Highway Business District," "Central Business District," Light
Industrial District," "Industrial Park District," "Heavy Industrial District," "Extractive Industrial
District," "Public/Semi-Public Development," "Mixed Use District," "Planned Unit
Development," and "Development Agreement."
D. Section 8-2-3, "Schedule of District Use Regulations," is amended to provide that
the Official Schedule of District Regulations is divided into five land use groups (agricultural,
residential, commercial, industrial, and public/semi-public); to provide that land uses not
specifically mentioned in the regulations, nor similar to any land uses specifically mentioned, may
be deemed prohibited by the Administrator; and to provide a revised chart of Official Schedule
of District Regulations designated permitted uses, conditional uses, or prohibited uses per zoning
district.
E. Section 8-2-4, "Schedule of Building Height and Lot Area Regulations," is
amended to provide for maximum height, minimum yard setback, maximum lot coverage,
minimum lot area, and minimum lot width regulations per zoning district.
F. Section 8-3-2, "Supplemental General Provisions," is amended to provide that the
number of dwelling units per acre is less than or equal to the requirement in that district, and to
amend the definition of "enclosed trash area."
G. Section 8-3-3, "Supplemental Yard and Height Regulations," is amended to provide
for a maximum of one single family dwelling unit per lot for buildable lots conforming to this title
with a zoning designation of A, A -R, R -E, R-1, R-2, R-3, R-4, or R-5, unless otherwise
permitted.
Page 2
Section 2: States that zoning designation changes to the official zoning map are
incorporated by reference (see City of Eagle Official Zoning Map, attached).
Section 3: States that the provisions of Ordinance No. 298 are declared to be severable,
and that if any provision or application of such provision to any person or circumstance is declared
invalid for any reason, such declaration shall not affect the validity of remaining portions of
Ordinance No. 298.
Section 4: States that Ordinance No. 298 shall take effect and be in force from and after
its passage, approval, and publication as required by law. Provides that a summary of Ordinance
No. 298 may be published in lieu of the entire ordinance in compliance with Section 50-901A,
Idaho Code.
The full text of Ordinance No. 298 is available at City Hall and will be provided to any
citizen upon personal request during normal office hours.
DATED as of the 14th day of October, 1997.
ATTEST:
City Clerk
auea»
19 i 0.4
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Page 3
.'1
CITY OF EAGLE
Ada County, Idaho
CERTIFICATION OF CITY ATTORNEY
I, the undersigned City Attorney for and legal advisor to the City of Eagle, Idaho, hereby
certify that I have read the foregoing Summary of Ordinance No. 298 of the City of Eagle and that
the same is true and complete and provides adequate notice to the public of the contents of said
Ordinance.
DATED as of the 14th day of October, 1997.
By
Page 4
,.?r'S,L__
City Attorney
The West Ada Express, 332 W. State St., Eagle, Idaho 83616
Affidavit of Publication
STATE OF IDAHO
1
Copy of Notice
(First Copy)
SUMMARY OF ORDINANCE NO. 298
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING EAGLE CITY CODE, TITLE 8 "ZONING," CHAPTER 1, "ZONING INTERPI
TATION AND DEFINITIONS," SECTION 1, "INTERPRETATION, SCOPE OF REGULATIONS AND SECTION 2, "RULES AND DEFINITIONS"; CHAPTER
"ZONING DISTRICTS AND MAP," SECTION 1, "DISTRICTS ESTABLISHED, PURPOSES AND RESTRICTIONS," SECTION 2, "OFFICIAL ZONING MAP INCL
PORATION BY REFERENCE," SECTION 3, "SCHEDULE OF DISTRICT USE REGULATIONS," AND SECTION 4, "SCHEDULE OF BUILDING HEIGHT A:
LOT AREA REGULATIONS"; AND CHAPTER 3, "PERFORMANCE STANDARDS," SECTION 1, "PURPOSE," SECTION 2, "SUPPLEMENTAL GENERAL PF
VISIONS, " AND SECTION 3, "SUPPLEMENTAL YARD AND HEIGHT REGULATIONS"
A summary of the principal provisions of Ordinance No. 298 of the City of Eagle, Ada County, Idaho, adopted on October 14, 1997, is as follows:
Section 1: Amends Eagle City Code as follows:
A. Section 8-1-1(D) is amended to require that public streets be constructed as required by Ada County Highway District or the Eagle City Code, whichever st
dard is higher, and to require that private streets be constructed as required by the Eagle City Code.
B. Section 8-1-2, "Rules and Definitions," is amended to provide for the following: defines accessory uses and structures for residential zones; defines adult bi
ness establishments and provides for placement requirements; defines "Administrator" as one who is appointed by the Mayor with the consent of the Council; provides c
initions for, or amends existing definitions for, ambulance services, animal shows, artists' studios, outdoor arts and crafts shows, auction facilities automotive body six
automotive fuel islands, automotive gas stations/service shops (and permissible uses), automotive storage, automotive washing facilities, automotive wrecking or salt'
yards, banks and financial institutions, bed and breakfast facilities, catering services, cemeteries, Christmas tree sales, circuses and carnivals, commercial entertainment fa
ities, communication facilities, convenience stores, detention facilities, single family dwellings, emergency health care facilities, feed lot or stockyards, flex space (uses t
generally require substantial amounts of storage and working area as well as office and/or showroom space), retail food and beverage sales; government offices, hardw
stores, health clubs,spas and weight reduction salons, heliports, home and business services, general horticulture enterprises (includes storage of nursery equipment or mi
rials and erection of nursery structures), liinited horticulture enterprises (no nursery equipment or materials stored and no nursery structures erected), incidental hospital fa
ities for outpatient treatment or training, research, and administrative services, hotels, industrial uses (light, heavy, and extractive), custom industrial uses (on-site prod
tion of goods involving hand tools and small scale equipment), limited industrial uses (on-site production involving limited mechanical equipment and incidental dit
sales), industry research and development, laboratories (non -limited industry, to include medical dental, photographic analytical, or testing services), Laundromats, laundi
(with and without drive -up service), live entertainment events, mobile home and RV courts, motels, museums, nonprofit rehabilitation centers, nursing/convalescent hoi
(providing 24-hour care to persons, including, but not limited to, the elderly), business and professional offices, park and recreation facilities, parking lots and gara
(including commercial), pawnshops (general and auto), personal improvement facilities (including instructional services or facilities), restaurants (both drive-in and dri
thru), retail sales facilities (general, limited, pharmacies, and medical), public or private schools, seating units (described for purposes of determining the required num
of off-street parking spaces), neighborhood shopping centers, shopping malls, street fairs, trade fairs, travel service establishments, warehousing and storage facilities (1
ited and mini -storage), wholesaling distribution and storage facilities, and to delete wrecking yards.
C. Section 8-2-1, "Districts Established, Purposes and Restrictions," is amended as to provide definitions for, or to amend existing definitions for the followi
"Residential -Estates District," "Residential District," "Limited Office District," "Neighborhood Office District," "General Business District," "Highway Business Distrix
"Central Business District," Light Industrial District," "Industrial Park District," "Heavy Industrial District," "Extractive Industrial District," "Public/Semi-Public Devel
ment, "Mixed Use District, " "Planned Unit Development," and "Development Agreement."
D. Section 8-2-3, "Schedule of District Use Regulations," is amended to provide that the Official Schedule of District Regulations is divided into five land
groups (agricultural, residential, commercial, industrial, and public/semi-public); to provide that land uses not specifically mentioned in the regulations, nor similar to
land uses specifically mentioned, may be deemed prohibited by the Administrator; and to provide a revised chart of Official Schedule of District Regulations designated I
mitted uses, conditional uses, or prohibited uses per zoning district. �,.. , ,
E. Section 8-2-4, "Schedule of Building Height and Lot Area Regulations," is amendad to provide for maximum height, minimum yard setback, maximum lot c
erage, minimum lot area, and minimum lot width regulations per zoning district.
F. Section 8-3-2, "Supplemental General Provisions," is amended to provide that the number of dwelling units per acre is less than or equal to the requiremen
that district, and to amend the definition of "enclosed trash area."
G. Section 8-3-3, "Supplemental Yard and Height Regulations," is amended to provide for a maximum of one single family dwelling unit per lot for buildable 1
conforming to this title with a zoning designation of A, A -R, R -E, R-1, R-2, R-3, R-4, or R-5, unless otherwise permitted.
Section 2: States that zoning designation changes to the official zoning ma incorporated by reference (see City of Eagle Official Zoning Map, attached).
Section 3: States that the provisions of Ordinance No. 298 are declared to be severable, and that if any provision or application of such provision to any persot
circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of Ordinance No. 298.
Section 4: States that Ordinance No. 298 shall take effect and be in force from and after its passage, approval, and publication as required by law. Provides du
summary of Ordinance No. 298 may be published in lieu of the entire ordinance in compliance with Section 50-901A, Idaho Code.
The full text of Ordinance No. 298 is available at City Hall and will be provided .., fizen upon personal request during normal office hours.
DATED as of the 14th day of October, 1997.
ATTEST:
Sharon K. Smith, City Clerk
CITY OF EAGLE
Ada County, Idaho
By: Rick Yzaguirre, Mayor
CERTIFICATION OF CITY ATTORNEY
I, the undersigned City Attorney for and legal advisor to the City of Eagle, Idaho, hereby certify that I have read the foregoing Summary of Ordinance No. 29E
the City of Eagle and that the same is true and complete and provides adequate notice to the public of the contents of said Ordinance.
DATED as of the 14th day of October, 1997.
L -224E October 24, 1997
I — —f l '
John J. McFadden, City Attorney
atyof Eagle
Official
Zoning Map
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