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Ordinance - 2003 - 462 - Amend Title 8, Chapter 2 Zoning District And Maps/Design Review Overlay District - 11/11/2003ORDINANCE 462 ORIGINAL SCANNED AN ORDINANCE FOR THE CITY OF EAGLE, IDAHO, AMENDING EAGLE CITY CODE, TITLE 8 "ZONING", CHAPTER 2 "ZONING DISTRICTS AND MAPS", ARTICLE A. "DR DESIGN REVIEW OVERLAY DISTRICT"; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under the laws of the State of Idaho; and WHEREAS, pursuant to Chapter 65, Title 67, Idaho Code, the City of Eagle has the authority to adopt, establish and amend a Zoning Ordinance; and WHEREAS, the Mayor and Council have determined that good cause exists for amending the Zoning Ordinance so as to preserve and enhance the beauty and livability of the City of Eagle; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE, Ada County, Idaho; Section 1: That Title 8, Chapter 2, Article A., of the Eagle City Code, be and is hereby amended, in part, to read as follows with underline text to be added and strike -through text to be deleted: ARTICLE A. DR DESIGN REVIEW OVERLAY DISTRICT 8-2A-1: GENERAL APPLICABILITY: This chapter applies to all proposed development located within the DR d -Design * Review overlay district which shall include the entire city limits, and any land annexed into the city after adoption of this ordinance, as pct forth in scows ° 2A 6 of hic article. Such development includes, but is not limited to, new commercial, industrial, institutional, office, and multi -family residential projects, signs, common areas1 and subdivision signage wiregdtrtiAI aliens, proposed conversions, proposed changes in land use and/or building use. exterior remodeling or repainting with a color different than what is existing, exterior restoration, and enlargement; or expansion of existing buildings, signs or sites, and requires the submittal of a design review application pursuant to this chapter and fee as prescribed from time to time by the city council. The following are specifically excluded from the requirements of the design review overlay district: development of an individual single-family detached dwelling on a single parcel, an individual duplex (2 dwelling units), and an individual town home consisting of a maximum of two (2) dwelling units. (Ord. 276, 8-29-1996) 8-2A-2: PURPOSE AND GOALS: A. Purpose: The purpose of this chapter is to: 1. Recognize the interdependence of land values and aesthetics and to provide a method by which the city may implement this interdependence to the benefit of the community. Page 1 of 53 K:\COUNCIL\Ordinances\Ord 462 doc 2. Encourage the development of private property in harmony with the desired character of the city and in conformance with the guidelines herein provided with due regard to the public and private interests involved. 3. Provide planning and design guidelines to give specific direction for downtown development, while allowing for flexibility that promotes creative, market driven development proposals. B. Goals: The general theme of the design review overlay district is to snecifv desirable building and landscape architectural styles and materials to create a sustainable and pleasing environment for residents and visitors alike. The architectural designs. materials. and graphics set forth in this article are compiled to create a theme unique to the area called "Eagle Architecture." ctti .b,es-sad-the-use c kr*. t is-ehapte 8-2A-3: EFFECT OF OTHER PROVISIONS: If any provision of this chapter is found to be in conflict with any other provision of any zoning, building, fire safety or health ordinance or other provision of this code, the provision which establishes the higher and/or more restrictive design standard shall prevail. However, in order to foster rehabilitation of older districts and comply with unforeseen future needs of the overlay districts, the city council may, at their discretion, suspend or relax some or all requirements found in this code, if the city council determines a particular site, setting, or use to be of historical significance. (Ord. 422, 4-23-2002) 8-2A-4: DEFINITIONS: Certain words or phrases used in this article chapter shall be interpreted as defined within a particular section, as defined within this article section, or as defined in section 8-1-2 of this title, with the more specific and/or more restrictive definition controlling. Any other words or phrases not specifically defined shall be interpreted to give this chapter its most reasonable application. 8-2A-5: DESIGN REVIEW OVERLAY DISTRICTS. EAGLE ARCHITECTURE AND SITE DESIGN BOOK (EASD). AND IAP: A. The DR dDesign iReview overlay district encompasses the entire city limits including any land annexed into the city after adoption of this ordinance. B. Any proposed development located within the DR dDesien FReview overlay district shall be harmonious with and in accordance with the general objectives and OF with any specific objective of the comprehensive plan. C. There are four (4) specifically defined areas of development within the design review overlay district. The general purpose of each of those areas are described below. Any development which meets the criteria for design review, as set forth in this article title, that is not within the specific areas described below, shall be required to comply with the general requirements of this article title and not the specific requirements for the DDA, TDA, CEDA, and DSDA: 1. Downtown Development Area -DDA: The purpose of the DDA is to establish a distinct area regulated to fulfill the vision of the city comprehensive plan and to provide for activities conducive to a compact and concentrated downtown commercial center. Page 2 of 53 K:\COUNCIUOrdinenes\Ord 462.doc 2. Transitional Development Area -TDA: The purpose of the TDA is to provide areas for public parking and service to the DDA and serve as an area for future expansion of the DDA as market demands grow. 3. Community Entry Development Area-CEDA: The purpose of the CEDA is to fulfill the vision of the city comprehensive plan by providing a sense of entry into Eagle and transitional development into the DDA. 4. Dunyon/State Development Area-DSDA: The purpose of the DSDA is to allow unique regulations specific to this district to facilitate the redevelopment of the area. Where any parcel lies within more than one development area described above, the entire parcel shall be considered to be within the development area with the more restrictive requirements. However, the development of a parcel located within more than one development area may be permitted using the criteria from each respective district provided the design review board determines that the more restrictive criteria is not compromised and that the development is in harmony with the adjacent properties. D. The DDA, TDA, CEDA and DSDA are delineated on the map (exhibit A-1) included as part of EASD Book. Exhibit A-1 mav only be modified by ordinance amendment. n, f tv a -ii ' - - . - - - - E. Eagle Architecture and Site Design Book-EASD: The -purpose of the EASD Book is to show. through the use of pictures and text, specific period architectural styles. themes. and elements envisioned through the requirements of this article. The EASD Book. established through a resolution of the city council and as mav be amended through future resolution(s). contains all exhibits referenced in this article and is incorporated herein by reference. However, Exhibit A-1 mav only be modified through an ordinance amendment. The architecture styles found in the EASD Book are permitted styles. Architectural styles not shown within the EASD Book will not be considered. A copy of the EASD Book is available at Eagle City Hall. 8-2A-6: DESIGN REOUIREMENTS GUIDELINES, OBJECTIVES AND CONSIDERATIONS: A. General Objectives And Considerations: The following apply to the entire design review overlay district including the DDA, TDA, CEDA, and DSDA. Additional requirements for the DDA, TDA, CEDA, and DSDA are set forth in subsections Pp C through E G of this section and, to the extent there is a conflict with this section, the requirements for the DDA, TDA, CEDA, and DSDA shall control. The following. including the provisions set forth in the Eagle Architecture and Site Design Book. contains a listing of objectives applied to each application, and a listing of matters which shall be considered by the design review board. The objectives are separated into two (2) sections: site design and building design. Specific aspects of design should be examined to determine whether the proposed development will provide a desirable environment for its occupants as well as for its neighbors, and whether, aesthetically, the composition, materials, textures and colors meet the intent of this chapter. The design review board shall consider the following criteria in reviewing the application: 1. Site Design Objectives: The site plan design shall minimize impact of traffic on adjacent streets, provide for the pedestrian, and provide appropriate, safe parking lot design. a. The functional relationship of the structures and the site in relation to its surroundings; Page 3 of 53 K:\COUNCII.\Ordinances\Ord 462.doc b. The impact and effect of the site development plan on traffic conditions on contiguous streets and adjoining properties or neighborhoods; c. The site layout with respect to separation or integration of vehicular, pedestrian and bicycle traffic patterns; d. The arrangement and adequacy of off street parking facilities relative to access points, building location and total site development to prevent traffic conflict or congestion; e. The location, arrangement and dimensions of truck loading ramps, docks, and bays and vehicle service facilities; f. The access, parking lot, and interior roadway illumination plans and hours of operation; g. The required driver, pedestrian and bicycle sight distance requirements of the project and their relationship to adjacent streets, driveways and properties; h. The coordination of the site development with planned right of way alignments, acquisitions and street improvements; i. The graphic delineation of traffic circulation patterns to avoid confusion, congestion and conflicts; j. The continued maintenance of traffic, parking and lighting systems; k. The protection of views and vistas in relation to urban design and aesthetic considerations; and 1. The provision of safe pedestrian and bicycle connections between neighborhoods and commercial areas. 2. Site Landscaping: The site landscaping shall minimize impact on adjacent properties through the proper use of screening with sound and sight buffers, and unsightly areas shall be concealed or screened and the Design Review Board shall consider: a. The location, height, and materials of walls, fences, hedges and screen plantings to ensure harmony with adjacent development; b. The location and type of new plantings, with due regard to preservation of specimen and landmark trees, and to maintenance of all plantings; c. The providing of screen plantings or other screening methods reasonably required to conceal outdoor storage areas, trash receptacles, service areas, truck loading areas, utility buildings and other unsightly developments; d. The installation of sound and sight buffers, the preservation of public views, light and air, and the consideration of those landscape aspects of design which may have substantial affects on neighborhood development, land uses, and amenities; e. The design and use of open spaces and parks; and f. The permanent maintenance of all landscaped areas and fencing. Page 4 of 53 K:\COUNCIL\Ordinances\Ord 462.doc 3. Site Grading And Drainage: The on site grading and drainage shall be designed so as to maximize land use benefits and to minimize off site impact and provide for slope and soil stabilization to prevent erosion and the Design Review Board shall consider: a. The existing and proposed grading relative to soil removal, fill work, retainage, soil stabilization, erosion control on the site and the adjacent terrain and streets, and adoption of the development to the existing site contours; b. The planting of ground covers or shrubbery to prevent dust, to stabilize soils and embankments and to control erosion; c. Existing and proposed storm drainageways, canals, floodway and flood plains relative to flow or alignment alterations, containment and endangerment of health; and d. The maintenance of floodway, flood plains, drainageways, channels, culverts, head gates, canals, and soils. 4. Signage: Signing for any project shall provide for business identification and minimize clutter and confusion on and off the site, and is shall be in compliance with section 8-2A-8 of this article and the current edition of the Uniform Sian Code adopted by the City. The Design Review Board shall consider: a. The "overall sign concept" for multi -tenant business centers shetdd to assure that it addresses the continuity between tenant sign design and visual building identification design; b. The reduction of hazards to motorists, bicyclists and pedestrians as may be caused by or partially attributable to the distraction and obstruction of improperly located and designed signs; c. The provision for effective and necessary business identification systems adapted to the building design; d. The continued maintenance of signs throughout their life; and e. The size, location, design, color, texture, lighting, landscaping, and hours of operations of all permanent signs and outdoor advertising structures or features shall to insure that any such proposals do not detract from the function of, or design of, buildings, structures, surrounding properties, neighborhoods, or streets; 5. Utilities: Utility service systems shall not detract from building or site design r�►ixhnix--s: Cable, electrical. and telephone service systems shall be installed underground. and the Design Review Board shall consider: a. Size and location of all service systems for appropriate appearance and maintenance accessibility; b. The location and design of transformers, pad mount and roof mounted mechanicals and electrical equipment shall be reviewed and approved by the design review board. All roof Page 5 of 53 Kf COUNCII.\Ordinances\Ord 462.doc mounted mechanicals shall be completely screened from view through the use of a parapet wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a roof design other than a flat roof. "Screened from view" shall mean "not visible" at the same level or elevation of the parapet wall (e.g., the perspective generally as shown on an elevation plan); c. The location and sizes of all utility lines, manholes, poles, underground cables, gas lines, wells, and similar installations; and d. The continued maintenance of these service systems. 6. Building Design_ Objectives: a. Building Mass: The mass of the building shall be reviewed for its relationship with existing development in the immediate surrounding area and with the allowed use proposed by the applicant; b. Proportion Of Building: The height to width relationship of new structures shall be compatible and consistent with the architectural character of the area and proposed use; c. Relationship Of Openings In The Buildings: Openings in the building shall provide interest through the use of such features as balconies, bays, porches, covered entries, overhead structures, awnings, changes in building facade and roofline alignment, to provide shadow relief. Avoid monotonous flat planes; d. Relationship Of Exterior Materials: Te -The Design Review Board shall determine the appropriateness of materials as it they relates to building mass, shadow relief, and existing area development.; Use of color to provide blending of materials with the surrounding area and building use; , and the functional appropriateness of the proposed building design as it relates to the proposed use shall be considered; and e,Mataliak: Tke crx. 173ar3 3: concrete. aril ::atal-sidifg. G1' ritiMed ftJJv.(:, r , e. Allowed Architectural Styles: The architecture styles provided in the EASD Book are approved examples for applicants to follow when designing for Eagle Architecture. B. Architectural requirements, building materials, fence and deck/patio materials, colors, and architectural appurtenance height limitation: Unless specified as prohibited herein, materials listed in this section are allowed. If a material proposed for construction is not listed in this section it shall be upon the discretion of the Zoning Administrator, the Design Review Board, and the City Council, whichever the case may be. to determine the appropriateness of such material. 1. Exterior walls and soffitts: Page 6 of 53 K:\COUNCII,\Ordiumces\Ord 462.doc a. Wood: cedar (clear) and redwood (clear) — architectural/premium grade. Log siding. wood shingle are Permitted for accent only - 25% maximum wall coverage (Per each facade): Synthetic board and bat sidings are Permitted as accents only. Plywood is Prohibited. b. Fiber cement; c. Masonite: horizontal lap only. maximum six (6") inch reveal; d. Vinyl: .46 millimeter minimum thickness. integral color: e. Textured tilt -up concrete with accent reveals; f. Textured pour in Place concrete with accent reveals; g. Masonry: brick. natural rock/stone. synthetic stone. decorative block. Smooth face block for accent only - 10% maximum wall coverage (per each facade): h. Stucco: 25% Planer change reauired - additional accents shall be incorporated though the use of other material(s); i. E.I.F.S.: Permitted for accent only - 10% maximum wall coverage (Per each facade). Additional accents reauired through the use of other materials: i. Additional encouraged material: exposed beams, fabric awnings, cornices/dentils, shutters, dormers, cupolas, columns; k. Metal: Metal siding shall be anodized, shall have a concealed fastener system, shall have a silicon polyester finish or equivalent, and shall include special design treatments to enhance its appearance. These treatments may include brick or masonry wainscot treatments along exterior walls and accent colored metals. Metal siding is prohibited on the portion of any building facing a road. This includes sections within the front facade that may be perpendicular to the road but within the face of the building oriented towards the road. A waiver of this subsection B(1)(k) on metal siding may be allowed where the applicant shows that the metal is architecturally compatible with surrounding buildings; is architecturally compatible with other nonmetal buildings in the city; and is attractively landscaped. designed. and situated. to eliminate the stark utilitarian look intended to be Prevented by this subsection. In addition to the metal siding prohibition listed in this subsection B(1)(k), metal siding shall be prohibited in the DDA. TDA. CEDA design review overlay district areas. 2. Roofs: a. Wood shakes/singles: premium on #1 grade: b. Architectural grade textured composition shingles: c. Tile: cemetitous. clay: d. Slate: e. Metal: standing seam. batten seam (concealed fasteners required): Metal. standing seam/batten seam is prohibited on mansard roof sections facing a road. Page 7 of 53 K:\COUNCII.\Ordinances\Ord 462.doc f. Flat roof specification: single nlv. built-up (both non -reflective). 3. Fences: a. Vinyl: integral color reauired: b. Block (with columns): c. Brick (with columns): d. Wrought Iron: e. Cedar. fir and similar high maintenance and/or unsightly fencing shall not be permitted. ba: pattern). Me fark1raa1.Thi i feels b't ara7 (4) -Prohibitions: s'siiti g �rci►i_ srtio::, rrsial gain a'.�._l' tic !r�''.i✓ area • f aterr.:�1 pi'j , t/. acplradt t/. gcni .o iti9 apprepria`pe colorG. (3) Flat roof, v,y - L a s cz= e p itx i with- rev ew xlay 3i:t4t 4. Decks and Patios: a. Concrete (stamped finish and smooth finish): b. Brick pavers: c. Wood -polymer composite lumber: d. Wood (pressure treated. redwood): Colors: a. (-43 Earthen tones are encouraged. b. (2-) Flat or low gloss finishes are encouraged. Page 8 of 53 K:\COUNCIl.\Ordineues\Ord 462.doc c_(3-} Roof mounted mechanicals, all vents protruding through the roof, and similar features shall be painted so as to match the color of the roof. d. (44 -Exposed metal flashing or trim will be anodized or painted to blend with the exterior colors of the building. 6.7 Architectural appurtenance height restrictions: a. All spires, poles, antennas, steeples, towers, and any other such structures shall be limited to a maximum of forty feet (40') within the DDA and TDA and thirty five feet (35') in all other locations. Additional height may be permitted if a conditional use permit is approved by the city council. CB. Downtown Development Area: DDA shown on exhibit A-1 within the EASD Book. 1. Purpose: To provide a compact downtown business center supported by the comprehensive goals of the city. 2. Architectural Character: a. Height: Height of buildings is restricted to-ene-er-twe-(2)-stefiet a maximum height of thiftfive-feetforty feet (40'). To the extent the height requirements herein conflict with section 8-2-4 of this chapter. the height reauirements herein shall control: b. Ground Floor Requirements: The ground floor (street level) of new buildings shall accommodate pedestrian friendly elements. The design should accommodate a variety of potential uses that may not be contemplated at the time of construction. Examples include: specialty retail, grocery, drugstore, shoe repair, dry cleaning, florist shop, department store, hardware store, other personal services, restaurant or theater or financial services or a parking garage. Any use must meet the requirements set forth in section 8-2-3 of this chapter. (Ord. 276, 8-29-1996) c. Other Floor Options: The design should accommodate the ground floor uses as listed in subsection B2b of this section including residential use. Any use must meet the requirements set forth in section 8-2-3 of this chapter except that apartments on floors other than the ground floor shall be a permitted use. For the purposes of this section a single apartment unit or multiple apartment units may be permitted. d. Orientation: Shall be designed so that at least seventy percent (70%) of the building's ground level, street facing facades are constructed to abut and be oriented to a public sidewalk or plaza. e. Accessibility: Shall be visually and physically accessible to the pedestrian at the sidewalk or plaza level. f. Facade: All buildings shall include a "storefront" on the ground floor consisting of a minimum of fifty percent (50%) glass. Floors above the main floor shall have a minimum of twenty five percent (25%) glass. The front of any building is the facade that fronts upon any street. g. Exterior Surfaces: The exterior vertical surface of a building shall be designed to minimize the environmental impacts such as glare, reflected heat, and wind. High quality nonreflective architectural materials .. :, .: _, ' -, ..: are particularly encouraged. Page 9 of 53 K:\COUNCII.\Ordinances\Ord 462.doc h. Building Entries: Building entries facing a street shall be recessed a minimum of four feet (4'). Exceptions may be permitted if another building entry design feature can meet the intent of this requirement and is approved by the design review board r prig-and-zening i. Detailing: Architectural detailing shall be an important consideration for design approval. Attention to detail in architectural elements shall include, but are not limited to, walls, pilasters, parapets, cornices, columns, windows, doors, awnings, exterior lighting, ledges, eaves, colors and materials. j. Horizontal Lines: Parapets shall be used to vary long horizontal lines exceeding fifty feet (50'). k. Other: Such other nonconflicting architectural detailing, materials and colors as set forth in this article chaptef. includine the examples set forth in the EASD Book. 3. Setbacks And Lot Coverage: To the extent the setback and lot coverage requirements set forth below conflict with section 8-2-4 of this chapter, the setback requirements below shall control: a. Front building setbacks from the property line shall be a minimum of zero feet (0') to a maximum of ten feet (10' b. Side building setbacks shall be zero feet (0') so as to tie into adjoining structures. c. Structures shall not have a continuous face(s) longer than ninety feet (90') inclusive of adjoining structures. d. 3171a11 !.'e ro o ea , .....z� a WirilIVIAM1 of ffteen f et {, 5') f o... When a building is located at the intersection of two streets. the distance between the face of the building and the back of curb shall be a minimum of ten feet (10') to preserve adecivate sight visibility. e. Front and Deaf street side setbacks shall be for pedestrian amenities and the city encourages joint efforts between adjoining property owners. Suggested amenities include: public art, landscape treatment, seating, flowers/shrubs/all tree displays in movable planters, outdoor dining, plazas, streetscape extension and bike racks. f. Lot coverage by the footprint of the structure shall be a minimum of forty percent (40%) and a maximum of ninety five percent (95%) in which case off site parking shall be provided for. The lot coverage requirement may be waived if development of the lot as a parking lot is reviewed by the design review board and is approved by the council. Furthermore, the minimum lot coverage requirement may be reduced by the council for the purpose of providing adequate on site parking in accordance with the provisions of this title for structures that include residential uses on floors other than the ground floor. 4. Parking: a. Off street parking shall be behind buildings. If the parcel is developed as a parking lot, a landscape buffer shall be provided between the parking lot and any street. Limited parking potential in the DDA may allow for reduced parking ratios where there is access to public or shared parking. Page 10 of 53 K:\COUNCIL\Ordinances\Ord 462.doc b. Provide on street parking along State Street, 1st Street, 2nd Street, Idaho Street, Park Road and Aikens Road. c. Ne a On street parking along Eagle Road is prohibited. d. €neeurage-s Shared parking shall be encouraged. 5. Landscaping And Streetscape: All landscaping shall comply with the landscape requirements contained in Section 8-2A-7 of this article. Other streetscape and design elements shall comply with the requirements contained within section 8-2A-6 (G) of this article. shall-previele-ufban guts" .Z ,l into nem -near plantef2, ✓llc :a.^ • i_l'ir 4 wart Ys: f t:'iiryalti 4c. irwr 6. Planning Considerations: In reviewing an application pursuant to this chapter, the design review board shall give consideration to the following to determine compatibility with this chapter: a. Public Restrooms: Locations should be sought which are safe and convenient for public use downtown. Suitable locations include public parking areas and sites adjacent to or within private development. b. Public Gathering Place: A public gathering place is desired to act as the hub for community events such as the Eagle fun days. The public gathering place could be defined as 1st Street between Idaho Street and Aikens Road, and State Street between Eagle Road and 2nd Street. However, the public gathering place may be redefined as development progresses in the "downtown development area" and/or in the "transitional development area" or if a more specifically defined area is adopted as a part of the city comprehensive plan. 1z}'sp Cu tf ?G: triArhrzyzszi 1 Gemmunity-aaneuneefilextc: c r 'i FHfneoded-fc t&1J itralaT c. Vehicular And Pedestrian Use: Extensions of Idaho Street, 1st Street and Aikens Road for vehicular and pedestrian use shall eald be considered. D.E. Transitional Development Area: TDA shown on exhibit A-1 within the EASD Book. wtia& is is 1. Purpose: To . . _ . • .. _. .. . ... _ ... ... ..:... _ . , :rtral ✓.tcirrass distriet-and serve as an area of future expansion to the central business district as market demands grow.- and to provide an area to accommodate public parking and service to the central business district. 2. Architectural Character: Page 11 of 53 K\COUNCQ•\Ordinances\Ord 462.doc a. Height: Height of buildings is restricted t a maximum height of Viet `� forty feet (40'). To the extent the height reauirements herein conflict with section 8-2-4 of this chapter. the height reauirements herein shall control: b. Ground Floor Requirements: The ground floor (street level) of new buildings shall accommodate pedestrian friendly elements. The design should accommodate a variety of potential uses that may not be contemplated at the time of construction. Examples include: specialty retail, grocery, drugstore, shoe repair, dry cleaning, florist shop, department store, hardware store, other personal services, restaurant or theater or financial services or a parking garage. Any use must meet the requirements set forth in section 8-2-3 of this chapter. (Ord. 276, 8-29-1996) c. Other Floor Options: The design should accommodate the ground floor uses as listed in subsection C2b of this section including residential use. Any use must meet the requirements set forth in section 8-2-3 of this chapter except that apartments on floors other than the ground floor shall be a permitted use. For the purposes of this section a single apartment unit or multiple apartment units may be permitted. (Ord. 431, 9-10-2002) d. Orientation: Shall be designed so that at least seventy percent (70%) of the building's ground level, street facing facades are constructed to abut and be oriented to a public sidewalk or plaza. e. Accessibility: Shall be visually and physically accessible to the pedestrian at the sidewalk or plaza level. f. Facade: All buildings shall include a "storefront" on the ground floor consisting of a minimum of fifty percent (50%) glass. Floors above the main floor shall have a minimum of twenty five percent (25%) glass. g. Exterior Surfaces: The exterior vertical surface of a building shall be designed to minimize the environmental impacts such as glare, reflected heat and wind. High quality nonreflective architectural materials stieli a stuc ..tone, tilt, bxiLk are particularly encouraged. h. Building Entries: Building entries facing a street shall be recessed a minimum of four feet (4'). Exceptions may be permitted if another building entry design feature can meet the intent of this requirement and is approved by the design review eemmittee board and city council. i. Detailing: Architectural detailing shall be an important consideration for design approval. Attention to detail in architectural elements shall include, but not limited to, walls, pilasters, parapets, cornices, columns, windows, doors, awnings, exterior lighting, ledges, eaves, colors and materials. j. Other: Such other nonconflicting architectural detailing, materials and colors as set forth in this chapter article. includinn the examples set forth in the EASD Book. 3. Setbacks And Lot Coverage: To the extent the setback and lot coverage requirements set forth below conflict with section 8-2-4 of this chapter, the setback requirements below shall control: a. Front building setbacks from the property line shall be a minimum of ten feet (10') to a maximum of twenty five feet (25'). Page 12 of 53 K:\COUNCIL\Ordinances\Ord 462.doc b. Side building setbacks may be zero feet (0') so as to tie into adjoining structures or ten feet (10') maximum where ties to adjoining structures are not desirable. c. Structures shall be visually tied to adjoining structures. Examples of methods to visually tie such structures together include screening walls, facade walls, courtyards and landscaping. d. Front, and street side and -r -ear setbacks shall be for pedestrian amenities and the city encourages joint efforts between adjoining property owners. Suggested amenities include: public art, landscape treatment, seating, flowers/shrubs/tree displays in movable planters, outdoor dining, plazas, streetscape extension and bike racks. e. The city encourages developing outdoor use and/or strong visual ties on properties along the Eagle drain to preserve its natural resource, visual features and possible recreational value. (Ord. 276, 8-29-1996) f. Lot coverage by the footprint of the structure shall be a minimum of twenty percent (20%) and a maximum of eighty five percent (85%) in which case off site parking shall be provided for. The minimum lot coverage requirement may be reduced by the council for the purpose of providing adequate on site parking in accordance with provisions of this title for structures that include residential uses on floors other than the ground floor. (Ord. 431, 9-10-2002) 4. Parking: a. Continuous front parking areas (off street) along State Street and Eagle Road is not permitted. b. Limited direct access to parking areas from State Street or Eagle Road is allowed. c. Shared drive access points to parking shall be used wherever possible. d. Encourage shared parking. e. Off street public parking areas may be required. Where these facilities occur adjacent to existing residential development, a continuous six foot (6') high masonry wall with landscape treatment or a separate landscape barrier will be required to mitigate sound and visual impact. Safe pedestrian and bicycle connections between the residential neighborhood and the off street parking area should be provided if feasible. f. On street parking is allowed. 5. Landscaping And Streetscape: All landscaping shall comply with the landscape requirements contained in Section 8-2A-7 of this article. Other streetscape and design elements shall comply with the requirements contained within section 8-2A-6 (G) of this article. previdc talar. ct bulb-eetc ct M i 'Ake pia sfireet eesrpedect r.1i�r s th ii way-in-this-3icOriat✓ar. cc, -tiaxst inter. tit I •rill rrA be -approved -where Page 13 of 53 K:\COUNCII.\Ordinances\Ord 462.doc Un1esc Y.kibit ext'ika A 2 Parc-Read-te•City E c it-- this 3i Park Road-te-2n 'est, P Ak RU .\.11 Planning Considerations: In reviewing an application pursuant to this chapter, the design review board shall give consideration to the following to determine compatibility with this chapter: a. Public Restrooms: Locations should be sought which are safe and convenient for public use downtown. Suitable locations include public parking areas and sites adjacent to or within private development. b. Public Gathering Place: A public gathering place is desired to act as the hub for community events such as the Eagle fun days. The public gathering place could be defined as 1st Street between Idaho Street and Aikens Road, and State Street between Eagle Road and 2nd Street. However, the public gathering place may be redefined as development progresses in the downtown development area and/or in the transitional development area or if a more specifically defined area is adopted as a part of the city comprehensive plan. Fight -of way cYixl be rimed -c>• z iral}Ji rci •Vi►W. zh ay. vrr.rzerKi€errnatlm kioskE-for a cnrAu :ity ar c. Vehicular And Pedestrian Use: Extensions of Idaho Street atlil t &&et for vehicular and pedestrian use shall hetdd be considered. E.14, Community Entry Development Area: CEDA shown on exhibit A-1 within the EASD BookUChh ii irrc 1. Purpose: To provide a sense of entry into the city and transition development into the central business district in support of the comprehensive plan. 2. Architectural Character: a. Height: Height of buildings is restricted to a maximum height of thirty five feet (35'). ene-or two (2) a.toriec b. Orientation: Shall be designed so that at least seventy percent (70%) of the building's ground level, street facing facades are constructed to abut and be oriented to a public sidewalk or plaza. c. Accessibility: Shall be visually and physically accessible to the pedestrian at the sidewalk or plaza level. Page 14 of 53 K:\COUNCIL\Ordinances\Ond 462.doc d. Detailing: Architectural detailing shall be an important consideration for design approval. Attention to detail in architectural elements shall include, but is not limited to, walls, pilasters, parapets, cornices, columns, windows, doors, awnings, exterior lighting, ledges, eaves, colors and materials. e. Other: Such other nonconflicting architectural detailing, materials and colors as set forth in this chapter. 3. Setbacks And Lot Coverage: To the extent the setback and lot coverage requirements set forth below conflict with section 8-2-4 of this chapter, the setback requirements below shall control. a. Front building setbacks from the property line shall be twenty feet (20') minimum. b. Side building setbacks shall be ten feet (10') minimum. c. Front and street side real setbacks shall be for pedestrian amenities and the city encourages joint efforts between adjoining property owners. Suggested amenities include: public art, landscape treatment, seating, flower/shrubs/all tree displays in movable planters, outdoor dining, plazas, streetscape extension and bike racks. d. Lot coverage by the footprint of the structure shall be a minimum of twenty percent (20%) and a maximum of eighty five percent (85%) in which case off site parking shall be provided for. 4. Parking: a. Continuous front parking areas (off street) along State Street and Eagle Road not permitted. b. Limited direct access to parking areas from State Street or Eagle Road is allowed. c. Shared drive access points to parking shall be used wherever possible. d. On street parking i_prohibited on Eagle Road. 5. Landscaping And Streetscape: All landscaping shall comply with the landscape requirements contained in Section 8-2A-7 of this article. Other streetscane and design elements shall comply with the requirements contained within section 8-2A-6 (G) of this article Applicant -shall 711 i:9-2Zc : ' 6. Planning Considerations: In reviewing an application pursuant to this chapter, the design review board shall give consideration to the following to determine compatibility with this chapter: a. Entry Statement: Six (6) points of entry have been identified for consideration and are shown on exhibit A-1 within the EASD Book . However, the final location of the entry statements may be redefined as development in the city progresses or if a more specifically defined location is adopted as a part of the city comprehensive plan. The following entry statement concepts for signage are encouraged: a permanent monument sign, simple in design, identifying Eagle. A license agreement may be required by the highway district Page 15 of 53 K:\COUNCIL\Ordinances\Ord 462.doc having jurisdiction if the entry statement is proposed to be placed within a public street right of way. Any construction within a public right of way would require approval of the agency having jurisdiction. (Ord. 276, 8-29-1996) F. Dunyon/State Development Area: DSDA shown on exhibit A-1 within the EASD Book. f *do & 1iale: 1. Purpose: To improve the livability, desirability, and character of the DSDA area and to encourage new development by providing unique regulations specific to this district. 2. Setbacks And Site Design: a. Front And Rear Setbacks: Front and rear building setbacks from the property line shall be fifteen feet (15') minimum. b. Side Setbacks: Side building setbacks shall be five feet (5') minimum. c. Pedestrian Amenities: Front and rear setbacks shall be for pedestrian amenities and the city encourages joint efforts between adjoining property owners. Suggested amenities include: public art, landscape treatment, seating, flower/shrubs/all tree displays in movable planters, outdoor dining, plazas, streetscape extension and bike racks. d. Site And Landscape Design: At the discretion of the design review board the following may be considered when the board finds that the site has been designed in harmony with the design guidelines, objectives and considerations noted within subsection A of this section. (1) Interior and perimeter parking lot landscape area dimensions may be reduced. (2) The minimum required landscaping between the building and the property line may be reduced when the design review board finds that the building's design style and architecture serves as an appropriate buffer to the adjacent property. (3) Screen and/or perimeter fencing utilizing chainlink with vision slats may be considered. Perimeter fencing facing the public street is prohibited. Barbwire and/or razor/ribbon wire located on top of the chainlink fence is prohibited. G. Streetscane: Streetscane improvements are to include street trees, street lights, pedestrian lighting, bollards, public art, kiosks and furnishings. The scone of streetscape design and number of amenities vary within the different overlay districts of the city. In areas anticipated to have higher concentrations of pedestrian use wider sidewalks and a further varied number of amenities are to be made available to enhance the pedestrian experience and to further encourage the health of the business community. Examples of streetscave design and amenities are shown within the EASD Book. At a minimum. the following specific streetscane criteria shall apply: 1. Street trees shall comply with the requirements contained in section 8-2A-7 of this article. Anv tree located within a concrete area shall include tree grates and tree wells as depicted on the tree well and tree grate exhibit within the EASD Book. Root barriers shall be reauired to limit future sidewalk damage from tree roots. Page 16 of 53 K:\COUNCIUOrdinences\Ord 462.doc 2. The specific style of streetlight poles within the DDA. TDA. CEDA, and in the locations specified in Paragraph 6 below. shall be as depicted on the streetlight exhibit within the EASD Book. 3. The specific style of streetlight lamps within the DDA. TDA. CEDA and in the locations specified in Paragraph 6 below, shall be as depicted on the streetlamp exhibit within the EASD Book. 4. Streetlights within the DDA and TDA shall be located a maximum distance of 100 - feet apart except as specified in Paragraph 6 below. Said streetlights are not reauired to be located in alignment across the street from each other. 5. Streetlights within the CEDA shall be located a maximum distance of 150 -feet apart except as specified in Paragraph 6 below. Said streetlights are not reauired to be located in alignment across the street from each other. 6. Except as noted in Paragraph 4 and 5 above, streetlights shall be spaced generally as depicted on the Streetlight Spacing Map included within the EASD Book (Exhibit A- 2). The specific spacing requirements are listed below and apply to each side of the street. Streetlights are to be located in alignment across the street from each other except where noted as "staggered". When the streetlights are to be "staggered" a streetlight on one side of the street is to be located generally midway between two streetlights on the other side of the street. Sp acing shall still apply to each side of the street. STREET BOUNDARIES SPACING (each side of street) Eagle Road Highway 44 to State Street 75' Eagle Road State Street to Ranch Drive 150' Eagle Road Ranch Drive to Floating Feather Road 300' (staggered) State Street Highway 44 (New Connection West of 300' Ballantyne Lane) to Dry Creek State Street Dry Creek to Cobblestone Lane 150' State Street Cobblestone Lane to Palmetto Avenue 75' State Street Palmetto Avenue to Plaza Drive/Hill Road 150' State Street Plaza Drive/Hill Road to Hiehwav 44 300' Plaza Drive/Hill Eagle Road to Edeewood Lane 150' Road Hill Road Edeewood Lane to New Highway 55 300' (Staggered) Alt. Route Plaza Drive to Eagle River Development 150' Connection 7. Streetlight spacing may be slightly modified dep ending upon site constraints and the location of existing streetlights. 8. Bollard style pedestrian lighting shall be required along all pathways not illuminated by street and/or site lighting. 9. Bollards as depicted on the bollard exhibit within the EASD Book shall be required at all bulb -outs. Page 17 of 53 K:\COUNCIL\Ordinances\Ord 462.doc 10. Public art is encouraged and/or areas should be made available for the placement of public art in the future. 11. Furnishings shall be reauired for all applications incorporating streetscape improvements. pedestrian areas and/or plaza areas. Furnishings may include flagpoles, benches, seating/tables, planters, bike racks, outdoor clocks. drinking fountains. wall lamps. waste receptacles and other similar amenities as may be approved by the design review board. Furnishing examples are depicted within "Urban Accessories" section of the EASD Book. 12. Sidewalks within the DDA shall be a minimum of ten feet (10') wide and shall abut the curb. Sidewalks shall be constructed to match the sidewalk exhibit within the EASD Book, consisting of smooth concrete and textured concrete with a "running bond" brick pattern. "Bulb -outs" shall be constructed generally as shown on the bulb -out exhibit within the EASD Book and shall be reauired at all intersections. except that bulb -outs shall not extend into any roadway designated as an arterial or collector as shown on the Ada County Long Range Highway & Street Map unless otherwise approved by the highway district having iurisdiction. A reduced sidewalk section may be permitted if the design review board fmds that the preservation of existing trees warrant a reduction. In no case however shall the sidewalk be reduced to less than six feet (6') in width. 13. Sidewalks within the TDA shall be a minimum of ten feet (10') wide and shall abut the curb or shall be a minimum of eight feet (8') wide with a ten foot wide landscape strip between the sidewalk and curb. If the sidewalk alternative which abuts the curb is utilized it shall be constructed to match the sidewalk exhibit within the EASD Book. consisting of smooth and textured concrete with a "running bond" brick pattern. "Bulb -outs" shall be constructed generally as shown on the bulb -out exhibit within the EASD Book and shall be reauired at all intersections. except that bulb -outs shall not extend into any roadway designated as an arterial or collector as shown on the Ada County Long Range Highway & Street Map unless otherwise approved by the highway district having jurisdiction. A reduced sidewalk section may be permitted if the design review board finds that the preservation of existing trees warrant a reduction. In no case however shall the sidewalk be reduced to less than six feet (6') in width. 14. Sidewalks within the CEDA shall be a minimum of eight feet (8') wide with a ten foot wide landscape strip between the sidewalk and curb. "Bulb -outs" shall be constructed generally as shown on the bulb -out exhibit within the EASD Book and shall be reauired at all intersections. except that bulb -outs shall not extend into any roadway designated as an arterial or collector as shown on the Ada County Long Range Highway & Street Map unless otherwise approved by the highway district having iurisdiction. A reduced sidewalk section may be permitted if the design review board finds that the preservation of existing trees iustifv a reduced sidewalk section. In no case however shall the sidewalk be reduced to less than six feet (6') in width. Page 18 of 53 K:\COUNCIL\Ordinances\Orel 462.doc 8-2A-7: LANDSCAPE AND BUFFER AREA REQUIREMENTS: A. Landscape Plan Required: A landscape plan is required for all developments requiring a design review, including, but not limited to, all subdivisions. The landscape plan shall be drawn to scale (no smaller than 1 inch = 30 feet) and shall indicate the following: 1. Boundaries, property lines, and dimensions. 2. Existing trees and vegetation identified by species and size. 3. The location and design of areas to be landscaped. 4. The location and labels for all proposed plants. 5. Plant lists or schedules with the botanical and common name, quantity, and spacing and size of all proposed landscape material at the time of planting. 6. Location and description of other landscape improvements, such as earth berms, walls, fences, screens, sculptures, fountains, street furniture, lights, and courts or paved areas. 7. Planting and installation details as necessary to ensure conformance with all required standards. B. Landscape As Percent Of Site: 1. Landscaping shall cover a minimum of fifteen percent (15%) of the property on multi -family residential developments. Hardscane plaza areas, such as decorative concrete/paver patios that are integrated into the design of the landscaped area, may be included in the 15% landscape coverage reauirement. 2. Landscaping shall cover a minimum of ten percent (10%) of the property on all other developments. Hardscape plaza areas. such as decorative concrete/paver patios that are integrated into the design of the landscaped area, may be included in the 10% landscape coverage requirement. 3. All landscape improvements required in this section shall count toward fulfillment of the above minimum percentages. 4. If only a portion of a property is being developed, and if the city does not require improvements on the entire property, improvements to landscape shall continue a minimum of twenty five feet (25') (on site) beyond the proposed development. C. Existing Vegetation: 1. Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in writing by the city. Where trees are approved by the city to be removed from the project site (or from abutting right of way) replacement with an acceptable species is required as follows: Existing Tree Replacement 1"-6" cal. 2x cal. of tree removed 6-1/4"-12" 1.5x cal. of tree removed 12-1/4" + lx cal. of tree removed Page 19 of 53 K:\COUNCIL\Ordinances\Ord 462.doc In all cases, planting within public rights of way shall be with approval from the public and/or private entities owning the property. Example: An eight inch (8") caliper tree is removed, an acceptable replacement would be three (3) 4 -inch caliper trees or four (4) 3 -inch caliper trees. 2. Damage During Construction: Existing trees or shrubs that are retained shall be protected from damage to bark, branches, or roots during construction. Construction or excavation occurring within the drip line of any public or private retained tree or shrub may severely damage the tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance with subsection C1 of this section. 3. Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk plus six feet (6'), or to the drip line, whichever is furthest from the trunk. 4. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the minimum required landscaping. D. Prohibited Materials And Landscaping: 1. No required landscape areas shall include artificial trees, plants, or any carpeting designed as a vegetative substitute. 2. Clear vision triangle shall be observed in regard to all vegetation. All shade trees planted within vision triangles shall be pruned to a minimum seven feet (7') above the adjacent sidewalk and fourteen feet (14') above the adjacent roadway surface. Shrubs and ground covers planted within the vision triangle shall not exceed three feet (3') height at maturity. The boundaries of the vision triangle are defined by measuring from the intersection of the edges of two (2) adjacent roadways forty feet (40') along each roadway and connecting the two (2) points with a straight line. The sight distance obstruction is also applicable to railroad -highway grade crossings with the vision triangle defined by measuring forty feet (40') along the railroad property line. In all cases, ITD and ACHD standards shall apply also. 3. When the city determines that a sight obstruction exists, it shall notify the owner of the property upon which the obstruction is located and order that the obstruction be removed within fifteen (15) days. The failure of the owner to remove the obstruction shall constitute a misdemeanor, punishable by a maximum of three hundred dollars ($300.00) and six (6) months in jail, and every day the owner fails to remove the obstruction shall be a separate and distinct offense. E. Installation And Minimum Standards: 1. Trees shall be planted in accordance with the City of Eagle tree planting specification included as an exhibit within the EASD Book. Accepted nursery standards and practices shall be followed in the planting and maintenance of landscaped areas. 2. Soil and slope stabilization must result after landscape installation. Page 20 of 53 K:\COUNCIL\Ordinances\Ord 462.doc 3. Root barriers shall be installed for all new trees planted adjacent to existing or proposed public or private sidewalks and paving. 4. The minimum acceptable size for deciduous trees shall be three inch (3") caliper, balled and burlapped. 5. The minimum acceptable size for evergreen trees shall be six feet to seven feet (6'-7') balled and burlapped. 6. Plant material selection shall be taken from subsection Q of this section. 7. All landscaped areas adjacent to vehicular areas are to be protected with an approved curbing material. F. Tree Species Mix: 1. When more than ten (10) trees are to be planted to meet the requirements of these guidelines, a mix of species shall be provided. The number of species to be planted shall vary according to the overall number of trees required to be planted. Species shall be planted in proportion to the required mix. See the table below: Required # of Trees Minimum # of Species 11-20 2 21-30 3 31-40 4 41+ 5 G. Maintenance: 1. All required landscaping shall be permanently maintained in a healthy growing condition by the property owner or the property owner's representative. This includes the maintenance of street trees and/or other landscape materials within or abutting the public right of way adjacent to the subject property. The property owner shall remove, and if required to meet the standards of these requirements eitidelines, shall replace any unhealthy or dead plant material immediately or as the planting season permits. In all cases, maintenance and planting within public rights of way shall be with approval from the public and/or private entities owning the property. (Ord. 295, 8-26- 1997) H. Completion Time: 1. The zoning administrator may authorize a delay in the completion of planting during the months of November, December, January, February, and March due to weather conditions, if a surety for one hundred fifty percent (150%) of the cost of installation is provided to the city. (Ord. 422, 4-23-2002) I. Irrigation Required: An underground automatic irrigation system is required for all development as defined in section 8-2A-1 of this article. 1. All required landscaped areas must be provided with an automatic underground irrigation system. Page 21 of 53 K\COUNCIUOrdinances\Ond 462.doc 2. Provide an appropriate backflow prevention device. 3. Provide full one hundred percent (100%) coverage. 4. Wherever feasible, sprinlder heads irrigating lawn or other high water demand landscape areas shall be circuited so that they are on a separate zone or zones from those irrigating trees, shrubbery or other reduced water demand areas. 5. Sprinlder heads shall be placed as required to reduce direct overthrow onto nonpervious areas (walks, drives, etc.). 6. The use of low trajectory spray nozzles is encouraged in order to reduce the effect of wind velocity on the spray system. 7. Use of nonpotable water for use in the irrigation of lawn and plant material is required when determined to be available. 8. Maintain all irrigation systems to ensure proper operation and water conservation. J. Buffer Areas/Common Lots: 1. Definition: A transition zone or buffer area consists of horizontal space (land) and vertical elements (plants, berms, fences, or walls). The purpose of such buffer space is to physically separate and visually screen adjacent land uses which are not fully compatible due to differing facilities, activities, or different intensities of use, such as townhouses and a convenience store, or a high volume roadway and residential dwellings. 2. Minimum Requirements: a. When a commercial or industrial use abuts a residential use, a ten foot (10') wide by six foot (6') high landscaped buffer is required. b. When a parking lot abuts a residential activity, a five foot (5') wide by six foot (6') high landscaped buffer is required. c. To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any commercial or industrial activity, and off street loading when adjacent to or in view from a residential activity or public street right of way, a five foot (5') wide by six foot (6') high landscaped buffer is required. 3. Materials: a. All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, and ground cover in which evergreen plant materials comprise a minimum of sixty percent (60%) of the total plant material used. b. Height requirements shall be accomplished with plant material with a fence or decorative wall. c. The required buffer area shall result in an effective barrier within three (3) years and be maintained such that sixty percent (60%) or more of the vertical surface is closed and prevents the passage of vision through it. Page 22 of 53 K:\COUNCIL\Ordinances\Ord 462.doc d. Chainlink fencing, with slats or otherwise, and cedar fencing is prohibited for screening. (Ord. 295, 8-26-1997) 4. Major Roadways: New residential developments, including, but not limited to, subdivisions and multi -family developments, shall be buffered from streets classified as collectors, arterials, freeways, or expressways, to protect residential communities from noisy, potentially dangerous, high speed roads. The "buffer area" shall be defined as the distance from the outside wall of the lowest story of any single-family attached or detached dwelling and the right of way line of the roadway. The lowest story must be screened from the view of any street classified as a collector, arterial, freeway, or expressway. This buffer is required either on individual lots or as an easement, or as part of the common open space owned and maintained by a homeowners' association. Any landscaping proposed to be within the public right of way shall not be included as a part of the buffer area required below. The height for berming/fencing, as noted below, shall be measured from the elevation of the final grade of the adjacent roadway (measured at the center line) to the top of the proposed berming/fencing. The required buffer area width, plantings, and fencing are as follows: a. Any road designated as an urban or rural collector on the Ada County Long Range Hiahwav & Street Man: A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: four (4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted. A minimum five foot (5') high, maximum eight foot (8') high, berm, , decorative block wall,. eF cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If a panelize +l fence, decorative block wall, eF cultured stone, decorative rock, or similarly designed concrete wall is to be provided, in combination with the berm, a four foot (4') wide flat area atdie-fie€ the -berm shall be provided for the placement of the -fence -or decorative black wall. Panelized fencing z1 -A ' . Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. b. Any road designated as a minor arterial on the APA functional street classification map: A minimum of fifty feet (50') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: five (5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted. A minimum five foot (5') high, maximum eight foot (8') high, berm, , decorative block wall,. OF cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm Page 23 of 53 K:\COUNCIL\Ordinances\Ord 462.doc shall be three feet (3') horizontal distance to one foot (1') vertical distance. If a panelized -vinyl €ence,decorative block wall, er cultured stone, decorative rock, or similarly designed concrete wall is to be provided, in combination with the berm, a four foot (4') wide flat area at lie top -of the -berm shall be provided for the placement of the €ence-er decorative bieck wall. Panelized vinyl -fencing Asa 17 ' . hainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. c. Any road designated as a principal arterial on the APA functional street classification map and/or any freeway or expressway: A minimum of seventy five feet (75') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: six (6) shade trees, ten (10) evergreen trees, four (4) flowering/ornamental trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted. A minimum ten foot (10') high, maximum twelve foot (12') high, berm, , decorative block wall, eF cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If a panelized -vinyl feneev decorative block wall, eF cultured stone, decorative rock, or similarly designed concrete wall is to be provided, in combination with the berm, a four foot (4') wide flat area at-the-tep-of shall be provided for the placement of the fence -OF decorative bleck wall. Panelized vinyl fencin b ' . Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. 5. Common Area Landscapes: New residential subdivision common area landscapes shall be comprised of the following: a. Lawn, either seed or sod. b. A minimum of one deciduous shade tree per one thousand (1,000) square feet. 6. Design Considerations For Residential Developments: a. For design flexibility, half of the required shade trees may be substituted on a two to one (2:1) basis with ornamental and evergreen trees. b. Buffer areas should include a variety of species, arranged to create varied and attractive views. Fences, walls, and berms may be used. Height changes, offset angles, different materials, and other design techniques are required so as to create variety. K. Parking Lot Landscaping: Page 24 of 53 K:\COUNCU \Ordinances\Ord 462.doc 1. Visual Impact: Landscaping shall be provided to minimize the visual impact of off street parking: Parking should be located to the side and rear of buildings and shall be screened so that it does not dominate the streetscape. Fences, hedges, berms, and landscaping may be used to screen parking areas (chainlink fencing shall not be permitted). In the design of large parking areas, arrange bays of parking spaces to be separated by landscaping. When parking lots occur on sloping terrain, step the parking lots to follow the terrain rather than allowing the lot surface to extend above natural grade. 2. Parking Lot Landscape Strip: A landscape strip shall be provided when a parking lot is located adjacent to a public right of way. The landscaped strip shall serve to shield views of parked cars to passing motorists and pedestrians, and to establish coordination among architecturally diverse buildings, which creates a pleasing, harmonious appearance along the roadway. Four (4) options are provided for fulfilling this requirement: a. Provide a ten foot (10') wide landscaped strip between the right of way and the parking lot, and plant with a minimum of one shade tree and ten (10) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. b. Provide an earth berm of thirty inches (30") minimum height (do not exceed 3:1 slope) within a ten foot (10') wide landscaped strip between the right of way and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. c. Provide a six foot (6') landscaped strip with a minimum thirty inch (30") grade drop from the right of way to the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. d. Provide a three foot (3') high fence of wood, brick, stone, or decorative block or concrete along with a four foot (4') wide landscaped strip between the right of way and the parking lot, and plant a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. 3. Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking areas and prevent two (2) adjacent lots from becoming one large expanse of paving. This requirement does not hinder the ability to provide vehicular access between lots. a. Provide a minimum five foot (5') wide perimeter landscaped strip between the property lines and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of perimeter. 4. Parking Lot Interior Landscaping: a. Calculated Amount: Interior parking lot landscaping shall be required on any parking lot with ten (10) spaces and above. The required amount of landscaping is based on a sliding scale, as follows: Page 25 of 53 K:\COUNCIL\Ordinences\Ord 462.doc Percent of Total Area of a Lot that must be an Total No. of Spaces Interior Landscaped Area 10-20 5% 21-50 8% 51+ 10% b. Additional Requirements: (1) No interior planter shall be less than five feet (5') in any dimension. (2) No parking space shall be more than sixty feet (60') from an interior landscaped area. (3) Parking islands are to be as evenly spaced as feasible throughout the lot to consistently reduce the visual impact of long rows of parked cars. (4) Deciduous shade trees and ground covers or low shrubs are recommended as primary plantings in interior landscaped areas. Deciduous shade trees are to be clear branched to a height of six feet (6'). (5) A terminal island for a single row of parking spaces shall be landscaped with at least one tree and shrubs, ground cover, or grass. A terminal island for a double row of parking spaces shall contain not less than two (2) trees and shrubs, ground cover, or grass. L. Landscaped Commercial Strips: 1. Landscaped strips shall be provided between all building development and public rights of way to lend continuity among different architectural styles, screen unsightly views, establish a pleasing view for motorists, and create a safe and pleasant corridor for pedestrians. a. The landscaped strip shall be ten feet (10') wide minimum and planted with one shade tree and ten (10) shrubs for every thirty five feet (35') of street frontage. Two (2) ornamental or two (2) evergreen trees may be substituted for one shade tree. M. Parkway strips, separated sidewalks, and Sstreet Ttrees: 1. Except as may otherwise be required within the DDA. TDA. CEDA, and DSDA sidewalks shall be separated from the curb alone all streets. Meandering sidewalks shall be reauired when space permits. An average five foot (5') wide minimum parkway planter strip planted with shade class (Class II or Class III) trees shall be reauired between the sidewalk and street to provide a canopy effect over streets. 2. 4, In all required applications. excluding residential developments. one street tree, selected from the approved tree list in subsection Q of this section, shall be planted per thirty five (35) linear feet of street frontage. Ii: alllitihir. paVic rights of way 3. Within residential developments one shade class (Class II or Class III) tree selected from the approved tree list in subsection 0 of this section. shall be located on both sides of all streets within the 5 -foot wide landscape strip between the sidewalk and the curb. Trees shall be planted Page 26 of 53 K:\COUNCII.\Ordinances\Ord 462.doc at the front of each lot generally located on each side lot line corner with the distance between trees to be a minimum of thirty five feet (351) and a maximum of eighty feet (80') of street frontage. 4. In all cases, any planting within public rights of way shall be with approval from the public and/or private entities owning the property. N. Incentives: 1. The zoning administrator may reduce the site parking requirements by up to five percent (5%) of the required number of spaces if the proposed landscape plan incorporates the retention of existing significant trees, particularly in the interior of the site. 2. The zoning administrator may reduce the site parking requirements by up to five percent (5%) of the required number of spaces if the proposed landscaping exceeds the requirements of these guidelines by fifteen percent (15%) or more. 3. The zoning administrator may reduce technical standards of parking lot design where paving requirements conflict with the retention of significant trees. (Ord. 295, 8-26-1997) 0. Alternative Methods Of Compliance: 1. Project Conditions: It is not the intent of these landscape requirements to inhibit creative solutions to land use problems. Under certain site conditions, a strict interpretation of requirements may be either physically impossible or impractical. Alternative compliance is a procedure that allows certain modifications to existing regulations within this section. Requests for use of alternative landscaping schemes are justified only when one or more of the following conditions apply: a. The sites involve space limitations or unusually shaped parcels; b. Topography, soil, vegetation, or other site conditions are such that full compliance is impossible or impractical; c. Due to a change of use of an existing site, the required bufferyard is larger than can be provided; and d. Safety considerations are involved. 2. Request For Alternative Method Of Compliance: The applicant must provide the city with a written request if an alternative method of compliance is proposed. The request shall state which requirement as set forth within this section is to be modified, what project conditions stated within subsection 01 of this section justify using the proposed alternative, and how the proposed alternative equals or exceeds said requirement. 3. Tree Fund: Persons applying for an alternative method of compliance for relief from regulations that require all existing trees to remain on site may elect to make a financial contribution to the Eagle city tree fund in lieu of retaining all trees on site. The condition(s) which warrants the need for the tree fund alternate method of compliance shall be specified in the application submitted under subsection 02 of this section. If the application is approved, the amount to be contributed by the applicant will be based upon the total caliper inches of deciduous Page 27 of 53 K:\COUNCII.\Ordinances\Ord 462.doc tree(s) removed from the site and the total vertical feet of coniferous trees removed from the site. Cost per caliper inch for deciduous trees and cost per vertical foot for coniferous trees shall be determined by resolution of the city council. The applicant shall have the right to review and consider the value determination, and following said review, to reapply for other alternative methods of compliance, without prejudice, in accordance with subsection 02 of this section. (Ord. 381, 1-8-2002) P. Plan Preparation: Preparing a landscape plan requires special skills. Landscaping involves more than a simple arrangement of plants with irrigation; plants are not haphazardly placed in a way that fills up leftover space. Landscape plans should reflect a theme so that site elements are artfully and technically organized in a way that conveys meaning, coherence, and spatial organization. Landscaping should enhance the physical environment as well as the project's aesthetic character. Therefore, landscape plans to be submitted for approval shall be prepared by a landscape architect, landscape designer, qualified nurseryman, or someone knowledgeable in the field of landscape design. Q. Approved Plafit Tree List: This list is a suggested planting list. Other tree species and varieties will be considered. Small Trees (Class D: Common Name Crabapple, Flowering Dogwood, Flowering Goldenraintree Hawthorn, Washington Lilac, Japanese tree Magnolia, Saucer Maple, Amur Maple, Hedge Pear, Callery Plum, Flowering Botanical Name Malus spp. Cornus florida Koelreuteria paniculata Crataegus phaenopyrum Syringa reticulata Magnolia x soulangiana Acer ginnala Acer campestre Pyrus calleryana Prunus spp. Page 28 of 53 K:\COUNCII.\Ordinances\Ord 462.doc Varieties 'Adirondack' 'Brandywine' 'Coralburst' 'Donald Wyman' 'Harvest Gold' 'Indian Summer' 'Prairiefire' Purple Prince' 'Radiant' 'Red Jewel' 'Robinson' 'Royalty' 'Sargent' 'Spring Snow' `Strawberry Parf' `Transitoria' 'Cloud 9' 'September' 'Ivory Silk' 'Flame' 'Queen Elizabeth' 'Aristocrat' 'Capitol' 'Chanticleer' 'Cleveland' 'Redspire' 'Blireiana' Plum, Purple leaf Redbud, Eastern Smoke tree, common Sumac, Stag horn Medium Trees (Class II): Common Name Alder, Mountain Ash, Green Ash, Raywood Ash, White Birch, River Buckeye, Yellow Cherry, Japanese - Kanzan Corktree, Amur Filbert, Turkish Ginkgo (Male Only) Hackberry, Common Honeylocust, Thornless Hornbeam, European Horsechestnut, Common Katsuratree Linden, American Linden, Littleleaf Linden, Silver Magnolia, Cucumber tree Maple, Norway Maple, Sugar Prunis cerasifera Cercis canadensis Cotinus coggvgria Rus tvphina Botanical Name Alnus tenuifolia Fraxinus Pennsylvanica Fraxinus oxycarpa Fraxinus americana Betula nigra Aesculus octandra Prunus serrulata Phellodendron amurense Corylus colurna Ginkgo biloba Celtis occidentalis Gleditsia triancanthos inermis Carpinus betulus Aesculus hippocastanum Cercidiphyllum japonicum Tilia americana Tilia cordata Tilia tomentosa Magnolia acuminata Acer platanoides Acer saccharum Page 29 of 53 K\COUNCIL\Ordinances\Ord 462.doc 'Newport' `Laciniata' Varieties 'Bergeson' `Cimaron' 'Marshall' 'Patmore' 'Urbanite' 'Raywood' `Flame' 'Autumn Applause' 'Autumn Purple' 'Rosehill' 'Skyline' 'Heritage' 'Macho' 'Princeton Sentry' 'Magyar' 'Autumn Gold' 'Prairie Pride' 'Shademaster' 'Skyline' 'Moraine' 'Fastigiata' 'Baumannii' 'Redmond' 'Legend' 'Chancellor' 'Corzam' 'Glenleven' 'Greenspire' 'Green Mtn.' 'Sterling' 'Columnare' 'Deborah' 'Emerald Queen' 'Royal Red' 'Green Mtn.' 'Legacy' Pagodatree, Japanese Persimmon. Common Sweetgum, American Yellowwood, American Large Trees (Class III): Common Name Beech, European Catalpa, Northern Coffeetree, Kentucky Cottonwood, Black Hickory, Shagbark Oak, Bur Oak, English Oak, Red Oak, Swamp White Planetree, London Tuliptree Zelkova, Javanese Conifers: Common Name Arborvitae, Eastern Baldcypress, Common Cedar, Blue Atlas Cedar, Weeping Alaska Douglasfir Falsecypress, Lawson Fir, White Incensecedar, California Juniper, Rocky Mountain Larch, European Pine, Austrian Pine, Bristlecone Pine, Eastern White Pine, Limber Pine, Mugo Pine, Ponderosa Pine, Scotch Redwood, Dawn Sequoia, Giant Spruce, Colorado Sophora japonica Diosvvros vireiniana Liquidambar styracaflua Cladrastis kentukea Botanical Name Fagus sylvatica Catalpa speciosa Gymnocladus dioicus Populus trichocarpa Carva ovata Quercus macrocarpa Quercus robur Quercus rubra Quercus bicolor Platanus x acerifolia Liriodendron tulipifera Zelkova serrata Botanical Name Thuia occidentalis Taxodium distichum Cedrus atlantica `Glauca' Chamaecvvaris nootkatensis Pseudotsuga menziesii Chamaecyparis lawsoniana Abies concolor Calocedrus decurrens Juniperus scopulorum Larix decidua Pinus nigra Pinus aristata Pinus strobes Pinus flexilis Pinus mugo Pinus ponderosa Pinus sylvestris Metasequoia glyptostroboides Sequoiadendron giganteum Picea pungens Page 30 of 53 K\COUNCIL\Ordinances\Ord 462.doc 'Regent' 'Moraine' Varieties 'Asplenifolia' 'Riversii' 'Roseo-Marginata' 'Pendula' 'Espresso' 'Fastigiata' 'Pyramich' 'Bloodgood' `Village Green' Varieties 'Monarch of Illinois' 'Shawnee Brave' `Glauca Pendula' - weeping `Fastieiata'- columnar form Pendula' 'Allumii' 'Stewartii' 'Violacea' 'Pendula' gluaca Spruce, Norway Spruce, Serbian Spruce, White (Black Hills) 8-2A-8: SIGN REGULATIONS: Picea abies Picea omorika Picea glauca 'Hoopsii' 'Koster' 'Moerheimii' 'Densata' A. Applicability: The following criteria shall apply to all signs within the entire design review overlay district. B. Definitions: If conflict arises between any definition in this section and any other definition within this title, the definition with the more specific and/or more restrictive definition shall control. Any other words or phrases not specifically defined shall be interpreted to give this chapter its most reasonable application. ADVERTISING STRUCTURE: A structure of any kind or character, erected or maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting or other advertisement of any kind whatsoever may be placed including statuary for advertising purposes. ANIMATED SIGN: Any sign which is designed and constructed to give its message through a sequence or progressive changes or parts or lights or degree of lighting. AREA, OR SURFACE AREA, OF SIGN: The entire area within a single, contiguous perimeter enclosing the extreme limits of writing, representation, emblem or any figure or similar character, together with any form or other material or color forming an integral part of the display, or used to differentiate such sign from the background against which it is placed. The area of the sign shall not include the necessary supports or uprights on which the sign is placed, and superficial, non -illuminated column covers, ornamental trim and other such incidental objects attached thereto which are not designed to convey a message. AREA, OR SURFACE AREA, OF BUILDING: Actual surface area of the single building face to which a sign is attached, including doors and windows, but excluding the "roof area", as defined in this subsection, and excluding structures for elevators or air conditioning equipment on the roof. BANNER SIGN: Anv sign made of lightweight fabric, plastic, or similar material placed at a site in view of the public. Governmental flags or emblems shall not be considered banner signs. CABINET SIGN: A sign consisting of one or more translucent panels containing sign copy, which are interchangeable and which are affixed to a box or cabinet. Cabinet signs are prohibited. Page 31 of 53 K:\COUNCIL\Ordinances\Ord 462.doc CITY ENTRY SIGN: A permanent sign identifying the City of Earle or the Central Business District. No advertising is permitted on City entry signage. CONSTRUCTION SIGN: An informational sign which identifies the architect, engineer, contractor, or other individual or firms involved with the construction of a building, or announcing the character of the building or enterprise , DIRECTIONAL SIGN: A sign which foremost contains words such as "entrance," "enter," "exit." "in." "out." or other similar words or a sign containing arrows or characters indicating traffic directions and used either in coniunction with such words or separately. This sign shall not include business identification. DISPLAY SURFACE: The area made by g, bit rct im adifig-signI ih rirza$efl-by FACE OF BUILDING: The general outer surface of a main, exterior wall of a building h -is . The area of the face of a building shall be a total area of such surface, including the area of doors and windows which open into such surface. FACE OR EIRVACE OF SIGN: The surface of the sign upon, against or through which the message is displayed or illustrated including the text of the sign message. FREE HANGING SIGNBOARD: A Sian attached underneath a canopy, awning or colonnade. FREESTANDING SIGN: A single- or multiple -faced sign, supported from the ground by one or more columns, uprights or braces. FRONTAGE: The length of a lot along a street or other principal public thoroughfare, but not including such length along an alley, watercourse or railroad. GRADE: The elevation or level of the street closest to the sign to which reference is made, as measured at the street's center line adjacent to where the sign is to be placed, or the relative ground level in the immediate vicinity of the sign if determined by the zoning administrator to be an accurate determination for grade with regard to the intent of this chapter. GRAND OPENING: The promotional activity used by newly established businesses to inform the public of their location and contribution to the business community. "Grand opening" does not mean the annual or occasional promotion of retail sales by a business. HEIGHT OF SIGN: The vertical distance from the grade (measured from the centerline of the adiacent roadway) to the highest point of a sign or any vertical projection thereof, including its supporting columns. Page 32 of 53 K1COUNCII.\Ordinances\Ord 462.doc ILLUMINATION, EXTERNAL: A sign that is affected by an artificial light source that is not contained within the sign itself. ILLIMINATION, HALO: Illumination of a sign from a light source that is not visible and is concealed or contained within the sign or located between the sign and the structure/wall. Illumination from the source of the light becomes visible in darkness when the light is reflected off of the wall/structure upon which the sign is attached. ILLUMINATION, INTERNAL: Illumination of a sign from a light source that is concealed or contained within the sign and becomes visible in darkness through a translucent surface. This includes characters, letters, figures. designs or outline which is illuminated by gas filled luminous tubes. such as neon, argon or florescent. MASTER SIGN PLAN: A plan designed to show the relationship of signs for anv cluster of buildings or any single building housing a number of users or in anv arrangement of buildings or shops which constitute a visual entity as a whole. MONUMENT SIGN: A freestanding sign with a solid base, including rock signs, or with supports that are designed to be structurally similar to the sign construction, and which incorporate architectural features which complement the sign construction. Pole type supports are not permitted. MURAL: A painting, other than a sign, on the outside wall of a building. NONCONFORMING SIGN: Any sign which does not comply with the provisions of this code. OFF PREMISES SIGN: Signs located on a separate parcel of land or a separate site from the place where the product, service or business is located. ON PREMISES SIGN: Signs located on the same parcel of land or a site as the place where the product, service or business is located. PENNANT SIGN: Any lightweight plastic, fabric, or other material, whether or not containing a message of anv kind, suspended from a rope. wire, or string. usually in series. designed to move in the wind. The display of a single pennant. unattached to another. may regarded as a type of decorative flag. POLE SIGN: A freestanding sign that is supported by one or more poles. PORTABLE SIGN: Any sign not designed to be attached to a building or anchored to the ground. PROJECTION: Thyz. lifie7 oY a-7,3 iserted PROPERTY LINE: That line denoting the limits of legal ownership of property. READER BOARD: A sign or part of a sign on which the letters are readily replaceable such that the copy can be changed from time to time. Page 33 of 53 K:\COUNCIL\Ordinances\Ord 462.doc REAL ESTATE SIGN: A sign advertising the sale, rental or lease of the premises upon which the sign is maintained; not including a subdivision sign. ROOF AREA: The total portion of a building or structure which encloses space which is not a part of the occupied area and is between the interior ceiling and the exterior roofline. ROOF SIGN: A sign that is erected on or above the roof of a building and which derives its principal support from the roof or from columns or supports extending through the roof. The definition includes a sign affixed to any structure erected upon a roof, including a structure housing building equipment and includes a stmetere sign erected on top of a canopvies, deck, patio, or similar structure. ROOFLINE: The upper edge of any building wall or parapet, for any flat roof structure; or, the ridge line at the top of the roof ) Alihi: c for any gabled or hip roof structure. SIGN: Any letters, figures, design, symbol, trademark or device intended to attract attention to any activity or service, place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever, including the display of merchandise. Sources of light used primarily to illuminate a sign, or a building, or grounds surrounding the building, shall not be considered signs themselves; provided however, that sources of light used primarily to attract attention to the light itself or as a decorative feature of the display shall be considered as part of the sign. Excluded from the definition are official traffic signs or signals, sheriffs notices, court notices or official public notices and the flag of the government or noncommercial institution, and signs not visible from the street or sidewalks. SUBDIVISION MONUMENT SIGNS: Signs A permanent on -premises sign used to identify a land-develeptnent subdivision which is to bei or was developed,, at esseetially-cxx Y.: 9 pursuant to an approved subdivision application before the city. SUBDIVISION SIGN (TEMPORARY): A temporary on -premises sign used to advertise homes under construction or property for sale in a subdivision which is to be, or is being, developed pursuant to an approved subdivision application before the City. SUBDIVISION DIRECTIONAL SIGN (TEMPORARY): A temporary off -premises sign used to advertise homes under construction or property for sale in a subdivision which is to be, or is being. developed pursuant to an approved subdivision application before the City. SURFACE AREA: See definition of Area, Or Surface Area, Of Building; Area, Or Surface Area, of Sign. TEMPORARY SIGNS: A nonpermanent sign intended for use for a short period of time. Includes any banner, pennant or advertising display constructed of canvas, fabric, wood, plastic, cardboard or wallboard, with or without frame. Examples of temporary and special signs included in this category are construction signs, grand opening displays, real estate signs, "open house" signs, resided subdivision signs and subdivision directional signs. TJNL T SI eh is .�:/..i:t ►mit Lg'st. VEHICLE SIGN: Anv Sign. logo or advertisement placed, painted. attached, or displayed on a vehicle. Page 34 of 53 K:\COUNCJL\Ordinances\Ord 462.doc WALL SIGN (FLAT): A sign attached to or erected against the wall of a building or structure with the expesed face of the sign parallel to the plane of said wall, and not extending from over twelve inches (12") from the wall of the building or structure. WALL SIGN (PERPENDICULAR): A sign attached to or erected against the wall of a building or structure with the exeesed face(s) of the sign perpendicular to the plane of said wall, and not extending over twelve thirty six inches (36") from the wall of the building or structure. WIND SIGN: Any sign in the nature of a series of two (2) or more banners, flags, pennants, balloons, or other objects fastened in such a manner as to move upon being subjected to wind or breeze. WINDOW SIGN: All signs located inside and affixed to, painted on or within three feet (3') of windows of a building, whether temporary or permanent, lighted or unlighted, which may be viewed from the exterior of the building. The term does not include merchandise located within three feet (3') of the window. C. General r.:e'Aaillinas Provisions and Reauirements: 1. A sign permitted by this Gsmuy c ✓�i.Cirg,either 1. It is the intent of this section to encourage interesting. creative and unique approaches to the design of signs. Sign materials and overall appearance shall compliment the building architecture and colors as determined by the design review board. 2. Monument signs, wall signs, and free hanging signboards shall be the approved sign styles. The exhibits provided in the EASD Book are examples of the types of signs envisioned for the Eagle Architecture theme. €uel4slafid epies—AS be pefnittrzi to km: sign a11be tic o� egari pr.-eportizarz r 3 or p in ikruri fernh'at/ie.:. a x.a third (1/3) of tho area of tho face of tho 3. Sign illumination shall be in accordance with the provisions of subsection E within this section. Internal illumination is prohibited for all signs. Page 35 of 53 KACOUNCIL\Ordinances\Ord 462.doc 11. The mai crx , x Et ileal mi aweed-ten EVL iI1l VirLtan is =Ally ilkiz±rated-sign it .a .. wrlik the b afy-hefizentel-linur *all Ss a ir. the-siga,-The-s :Srg lam~ arlk.iw 4. Wall signs: a. A freestanding single tenant buildina shall be allowed two wall sians. provided that. each sign is placed on a different side of the buildina. The entire building shall be permitted one monument sign for every street it fronts. The sides of the building on which the sians are to be placed shall be shown by the owner. but shall be as approved by the design review board. b. Any business within a multi -tenant building that is located on a street corner or which fronts two (2) streets shall be allowed two (2) wall sians. The sides of the building on which the signs are to be placed shall be shown by the owner. but shall be as approved by the design review board. c. The total area of anv wall sign attached parallel to. or painted on the face of a building shall not exceed ten percent (10%) of the total area of the buildina face to which it is attached or painted. d. The total area of each side of anv wall sign attached perpendicular to the face of a building shall not exceed ten percent (10%) of the total area of the building face to which it is attached. e. In determining the total area of a sian created with individual letters only. an imaginary vertical line shall be drawn before the first and after the last letter of each word in the sign. Imaginary horizontal lines shall be drawn above and below each word in the sign. The sum or the areas within these intersecting lines shall eaual the total area of the individual letter sign. An example of this formula is shown in the following drawing: Page 36 of 53 K:\COUNCII.\Ordinances\Ord 462.doc evez/ 1 , tDalcy&AssocjateN 4rezeI .- g P onsultin Com an l Y. i 1- g. When graphics are used in combination with letters to create the sign message the graphics shall be included as part of the formula in determining total area. An example of this formula is shown in the following drawing: 721 We Care, ,%era/cam 0.0 0j 00,10, Cal�%�r�, Eta, jr4„ length length x height = area 5. Monument Signs: a. Monument signs located within the DDA shall not exceed four feet (4') in height (including the solid base) measured from the center line of the adiacent roadway or top of curb. if one exists. b. Monument signs located within the TDA shall not exceed six feet (6') in height (including the solid base) measured from the center line of the adiacent roadway or top of curb. of one exists. c. Monument signs located within the entire design review overlay district, excluding monument signs within the DDA. TDA, and "shopping centers" shall not exceed eight feet (8') in Page 37 of 53 K:\COUNCII,\Ordinances\Ord 462.doc height (including the solid base) measured from the center line of the adiacent roadway or top of curb. if one exists. d. A freestanding single tenant building. not in a shopping center, shall be permitted to construct. erect and maintain one monument sign per street that it abuts to identify the business to which it pertains. The exposed surface of any such sign shall not exceed fifty (50) square feet per exposed surface except that the exposed surface of any such sign within forty feet (40') of a building shall not exceed six feet (6') in height and thirty (30) square feet per exposed surface. A double faced monument sign is permitted. The minimum distance between any monument sign for an individual business. not in a shopping center, shall be one hundred feet (100'). No monument sign shall be any closer than twenty feet (20') from a monument or other freestanding sign on an adiacent property. e. A "shopping center", as defined in section 8-1-2 of this title shall be allowed one monument sign per street that it abuts. to identify the shopping center. If the shopping center has a single address. the address shall be located on the monument sign and shall be a size that is readable from the street. The height of any such sign. including the base to which it is attached, shall not exceed fifteen feet (15'). The surface area of any such sign shall not exceed one hundred (100) square feet per exposed surface, including any reader board sign or surface. Any freestanding single tenant building within a shopping center shall be permitted a monument sign. The height of any such sign. including the base to which it is attached, shall not exceed six feet (6'). The exposed surface of any such sign shall not exceed thirty (30) square feet per exposed surface. A double faced monument sign is permitted. The minimum distance between any monument sign within a shopping center shall be one hundred feet (100'). No monument sign shall be any closer than twenty feet (20') from a monument or other freestanding sign on an adiacent property. f. Subdivision monument signs shall be a maximum of eight feet (8') high and shall have a maximum surface area of fifty (50) square feet. A sign may be permitted 011 each side of any entry road into a subdivision and at the intersection of any collector and/or arterial streets abutting the subdivision. 6. Directional signs for an individual business or within the boundaries of a shopping center are permitted only with the approval of the design review board. Directional signs shall be designed as monument style signs and shall be three feet (3') high maximum. Business identification is prohibited on directional signs. 7. Each individual freestanding business shall be limited to four (4) signs excluding any permitted fuel island canopy signs. Signs shall not exceed the area and height allowed by this chapter. 8. Free hanging signboards attached under covered porches or canopies. are permitted. but no such sign may exceed eight (8) square feet nor shall any such sign extend beyond the porch or canopy to which it is attached. A minimum distance of seven feet six inches (7'6") shall be required between a walkway and the bottom of a free hanging signboard. Page 38 of 53 K:\COUNCIL\Ordinances\Ord 462.doc 7,Exeept-aa-speciffcv.11y F;' prehibited, itk a ri r.gle-building&& U be 4ll'r' and the -en c ✓aiMk- s : vfa;:s e€4h ilumir ed -signage io as-appreved-by-the-dovg rc7i3W-1EHEar-d7 9. Fuel island canopies shall be permitted to have a maximum of two (2) signs for the fuel logo only. The signs shall be attached to. or painted on. the canopy face. The height and width of the sign shall be reviewed with regard to its proportional relationship to the height and width of the canopy face to which it is attached or painted. The sign shall be a maximum of twenty (20) square feet but in no case shall the sign cover more than one-third (1/3) of the area of the face of the canopy to which it is attached or painted. a. If two (2) signs are proposed. each sign shall be located on a different side of the canopy and should be oriented to face oncoming traffic. b. A one (1) sauare foot sig n may be permitted for the fuel logo o or fuel brand only on each side of each fuel dispenser or spandrel attached thereto. D.4 -O: Special portable signs, which are not classified as portable temporary signs as regulated within this title, which are used on an ongoing daily basis throughout the year may be permitted by the city if the following criteria is complied with: a. Special portable signs shall require a design review application and design review board approval. b. Special portable signs shall be unique in character with styles designed in accordance with Eagle Architecture. _ . •. ! .' . • ! .' _ - . :tet awilitecture. Materials shall be weatherproofed and shall be properly maintained. c. Illumination for special portable signs is prohibited. d. No more than one special portable sign shall be permitted for any business. e. Special portable signs shall be a maximum of sixteen (16) square feet along roadways with three (3) or less travel lanes with a speed limit of twenty five miles per hour (25 mph) or less and twenty five (25) square feet along roadways with more than three (3) travel lanes or along roadways with a speed limit of over twenty five miles per hour (25 mph). Page 39 of 53 K:\COUNCIL\Ordinances\Ord 462.doc f. Special portable signs shall be a maximum of five feet (5') in height along roadways with three (3) or less travel lanes with a speed limit of twenty five miles per hour (25 mph) or less and seven feet (7') in height along roadways with more than three (3) travel lanes or along roadways with a speed limit of over twenty five miles per hour (25 mph). g. Special portable signs shall only be permitted on, or on the sidewalk adjacent to, the parcel on which the business is located and shall not be permitted on any other parcel except that any multi - tenant site shall have the sign on the site and not on any other site. h. Special portable signs on a public sidewalk abutting the business's parcel may be permitted if a minimum of five feet (5') of unobstructed walkway, or ADA required minimum, remains for pedestrians. i. Any sign in a driveway or street sight vision triangle shall be a maximum of thirty two inches (32") high measured from the driveway or street. j. Special portable signs shall not be permitted to be on or within any berm or any portion of a landscaped area. k. Special portable signs shall be moved inside of the building at the end of each business day. D Monument et hed-Stfeet-Sign: ut tci _ ct1.A t rhaiasi.gle 'co a sizo that is roadablo fsrrjeksi (15'). Tkza i &Atl_i .rt ✓ail : eo11• t it itk it it Attaehedr expesed urface- T:kc miniwarv< 'i . a t'=opping-eentx p'ri'ce-eee hundred f et (i 00*No rriar.ate: o: g sit ' menument-or otl• . froestan&& g kgE on an �'j+eent-prepeft rntrt kilo r s 2`--AYrin pertains. The height of W.! .b��': i�►, irc rAch building j u1 r. sight aril t11 -i; Page 40 of 53 K:\COUNCIL\Ordinances\Ord 462.doc (20') from *' ar. at or other eekzeiirb sacrh�►l'b fuel-islalidnrc y lirzs -Signa ¢rya l re. -A igkl ca-r.e ter E. Sign Illumination: The design review board must find that any illuminated sign permitted under the specific regulations within this chapter is designed such that brightness levels are controlled to assure a soft. subtle effective light in accordance with other city regulations intended to create and maintain the Eagle Architecture theme. Illumination types. styles. and practices not listed herein shall be prohibited unless otherwise deemed by the design review board and city council to be consistent with the Eagle Architecture theme. 'tkx. tries alreapt& 1141K Lamed-seek-tla: kiigat :scs-levels 1. Permitted illumination: x1-7411rcr4rr' a. Flood lighting: permitted only through the use of incandescent and high pressure sodium light sources. Metal halide is not permitted as a light source. b. Exposed neon: permitted when used to create the sign letter(s) or as an architectural element as part of the sign design. A maximum of 430 -milliamps is permitted. c. Halo illumination 2. Prohibited illumination: a. Internal illumination: all types F. Landscaping: Landscaping shall be provided at the base of all pylenr directional signs, pole signs, and monument signs. The amount required shall be three (3) times the size of the largest exposed surface. An example is shown as follows: Page 41 of 53 K:\COUNCLL\Ordinances\Ord 462.doc Monument Sion: T x 9' 63s.r. Base Planter: - G. Master Sign Plan: A developer who retains control over one or more structures or buildings intended for business occupancy in a shopping center site, minimall, multi -tenant commercial or industrial facility, or similar project shall submit a master sign plan to the design review board for approval. The master sign plan shall show sign colors, styles and locations of buildings, maximum size, illumination, and materials to be used. All signs in a master sign plan shall be in harmony with the adjacent and nearby building architecture and colors as determined by the design review board. H. Nonconforming Signs: All signs in the entire design review overlay district on the effective date hereof shall conform to this chapter upon any structural change to the sign, sign base, or building to which it is attached, or upon any change in the face of the sign for the business to which such sign pertains, but no later than January 1, 2007, except as provided for within subsection M13 of this section. I. Prohibited Signs: The following types and styles of signs shall be prohibited within the entire design review overlay district. Prohibited signs are subject to removal by the city at the owner's or user's expense. 1. Moving, revolving, intermittent, oscillating, animated, or flashing signs. 2. Portable interior illuminated, exterior signs. 3. Roof signs. 4. Wall signs that extend above the parapet wall. 5. Permanent reader board signs in excess of twenty (20) square feet are prohibited and all temporary reader board signs are prohibited. Page 42 of 53 K:\COUNCIL\Ordinances\Ord 462.doc 6. Signs purported to be, or which are, an imitation of, or resemble an official traffic sign or signal, or which bear the words "stop", "danger", "warning", or similar words in a manner potentially causing confusion with such official signs or signals. 7. Signs which by reason of their size, location, movement, content, coloring or manner of illumination may be confused with or construed as a traffic control sign, signal or device, or the light of an emergency or radio equipment vehicle, or signs which obstruct the visibility of any traffic or street sign or signal device. 8. Signs or displays, chasing or scintillating lights, flares, bubble machines and similar devices containing elements creating sound or smell. 9. A -frame, sandwich board, sidewalk, banner, pennant and similar signs except as may be permitted within subsection L of this section shall be prohibited. 10. Signs (including window signs) identifying, or advertising activities, products, businesses or services which have been discontinued shall be prohibited. 11. Miscellaneous signs and posters. Signs or posters which are visible from a public way and are tacked, pasted, or otherwise affixed to or upon the walls of buildings, trees, poles, posts, fences, hydrants, bridges, or other structures. 12. Portable signs, including A -frame signs, banners, sandwich signs, curb signs, pole attachments, mobile signs, but not including real estate open house signs or political signs. 13. Off premises signs. No sign shall be permitted which is not related to the property upon which it is located, or to the activity being conducted thereon. 14. Searchlights, except as may be permitted within subsection L of this section are prohibited. 15. Billboards. 16. Beacons and strobe lights. 17. Inflatable tethered blimps or balloons. J. Signs On City Owned Property: 1. No person shall erect a sign upon any property owned or controlled by the city without first having procured a lease of the property from the city. Before any lease shall be granted for the erection and maintenance of a sign upon property of the city, a sign approval application shall be required with any additional information which the zoning administrator shall deem necessary to carry out the purposes and intent of this chapter. 2. In the event that any sign is erected or maintained in violation of the provisions of this section, the city may direct the removal of such sign. In the event the lessee deems such removal to be without cause, they may, within thirty (30) days after such direction, make written appeal to the city council. The findings of the city council, after notice to the lessee and due hearing, shall be final. K. Signs In The Entire Design Review Overlay District: Page 43 of 53 &COUNCIL\Ordinances \Ord 462.doc 1. No signs shall be erected or maintained in any district as established by the zoning ordinance except those signs specifically enumerated in this chapter. The number and area of signs as outlined in this chapter are intended to be maximum standards which do not necessarily ensure architectural compatibility. Therefore, in addition to the enumerated standards, consideration shall be given to a sign's relationship to the overall appearance of the subject property as well as the surrounding community. Compatible design, simplicity and sign effectiveness are to be used in establishing guidelines for sign approval. L. Temporary Signs: Temporary signs shall be in compliance with the conditions specified within this section and any other applicable provisions within this chapter. Written city approval shall not be required unless stated herein. 1. Governmental: Governmental or other legally required posters, notices or signs. 2. Business and Residence "For Rent", "For Sale" Signs: "For Rent", "For Sale" or similar signs, provided that: a. Each sign shall not exceed six (6) square feet in area. b. Vacant parcels containing five (5) acres or more in any area may be allowed "For Rent" or "For Sale" signs not to exceed six (6) square feet in area. 3. Flags Or Emblems: Governmental flags or emblems, or flags of nonprofit organizations. 4. Contractors' Signs: Contractors' signs shall be placed on the construction site. Contractors' signs may include banks, realtors, subcontractors, etc., not exceeding thirty two (32) square feet, unless legally required by governmental contract to be larger, eight feet (8') overall height, and located a minimum of five feet (5') inside the property line. 5. Subdivision Directional Signs (temnorarv). may be permitted : , subject to the following conditions: a. Signs to shall be designed to comply with city standards. b. Sign copy shall be limited to subdivision name with directional information, trade information and/or price range. c. Maximum of six (6) signs may be utilized for anv subdivision within the City limits. d. All directional signs must be located within two (2) miles of the development. e. Signs to shall be displayed and grouped to the largest extent possible with directional signs for other subdivisions to guard against a cluttered effect. f. Not more than four (4) directional signs to be clustered in one group located not less than three hundred feet (300') from a previously approved site. g. All signs to be placed on private property shall have written consent of the property owner obtained and filed with the city clerk prior to issuance of a permit. h. A sign location plan shall be prepared showing the site of each directional sign approved and on file with the city prior to the issuance of a permit. Page 44 of 53 K\COUNC1L\Ordinances\Ord 462.doc i. Signs are allowed only when a change in direction is required to lead customers to subdivision site. j. All nonconforming subdivision directional signs must be removed prior to issuance of a permit. 6. Grand Openings: A -frame, sandwich board, sidewalk, banner, pennant and similar signs may be permitted for a grand opening for a new business or enterprise or for a grand opening for a business or enterprise under new management for a maximum period of thirty (30) calendar days. 7. Temporary Sign In Lieu Of Permanent Wall Sign: A business identification banner, or similar sign, may be permitted on a temporary basis, not to exceed one hundred twenty (120) days, during approval and construction of any wall sign for a new business. Said sign shall not be larger than the wall sign that would be permitted per this title, shall only be located on the face of the building where the wall sign would be permitted per this title, and shall be removed when the permanent sign is installed, not to exceed one hundred twenty (120) days. 8. Temporary Sign In Lieu Of Permanent Monument Sign: A business identification A -frame, sandwich board or similar sign, may be permitted on a temporary basis, not to exceed one hundred twenty (120) days, during approval and construction of any monument sign for a new business. Said sign shall not be larger than the monument sign that would be permitted per this title and shall be removed when the permanent sign is installed, not to exceed one hundred twenty (120) days. The sign shall be reviewed and approved by the zoning administrator, or staff member designated by the zoning administrator, and one design review board member within five (5) working days of the proposal being submitted to the city. 9. Other Portable/Temporary Signs: A -frame, sandwich board, sidewalk, banner, pennant and similar signs shall be permitted for a maximum of thirty (30) days (days need not be consecutive) within any three (3) calendar months if the following criteria is complied with (this section does not apply to "special portable signs" as regulated within this title): a. No more than two (2) portable/temporary signs shall be permitted for any business. b. Other than banner type signs, portable/temporary signs shall be a maximum of nine (9) square feet along roadways with three (3) or less travel lanes with a speed limit of twenty five miles per hour (25 mph) or less and sixteen (16) square feet along roadways with more than three (3) travel lanes or along roadways with a speed limit of over twenty five miles per hour (25 mph). c. Banner type signs shall be a maximum of twenty (20) square feet. d. Other than banner type signs, portable/temporary signs shall be a maximum of three feet (3') in height along roadways with three (3) or less travel lanes with a speed limit of twenty five miles per hour (25 mph) or less and five feet (5') in height along roadways with more than three (3) travel lanes or along roadways with a speed limit of over twenty five miles per hour (25 mph). e. Portable/temporary signs shall only be permitted on the parcel, or sidewalk abutting the parcel, on which the business is located and shall not be permitted on any other parcel except that any multi -tenant site shall have the sign on the site and not on any other site. f. Portable/temporary signs on a public sidewalk abutting the business's parcel may be permitted if a minimum of five feet (5') of unobstructed walkway, or ADA required minimum, remains for pedestrians. Page 45 of 53 K:\COUNC¢.\Ordinates\Orta 462.doc g. Portable/temporary signs shall not be permitted to be on or within any berm or any portion of a landscaped area. h. Other than banner type signs, portable/temporary signs shall be moved inside of the building at the end of each business day. i. Other than banner type signs, portable/temporary signs shall be reviewed and approved by the zoning administrator, or staff member designated by the zoning administrator, and one design review board member within five (5) working days of the proposal being submitted to the city. j. All portable/temporary signs be made of weatherproof material. 10. Temporary Vendor Signs: Signs for temporary vendors shall comply with all the requirements herein except that any temporary vendor sign shall be permitted for the entire length of time that the temporary vendor is in operation. 11. Temporary Seasonal Or Community Event Signs: Temporary signs for holiday seasons or special, nonbusiness related, community events (i.e., Eagle fun days, school ball games, etc.) shall be permitted for a maximum of sixty (60) days for the season, or for a maximum of thirty (30) days for the event. Sign sizes and locations shall comply with the conditions above. M. Exemptions From Provisions: The provisions and regulations of this chapter shall not apply to the following signs, nor shall the area of such signs be included in the area of signs permitted for any lot or use: 1. Signs not exceeding six (6) square feet in area, erected for the convenience of the public, such as signs identifying restrooms, public telephones, walkways and similar features or facilities. 2. Memorial signs or tablets, names of buildings and dates of erection, when cut into the surface or the facade of the building or when projecting not more than two inches (2"). 3. Traffic or other municipal signs (signs required by law); railroad crossings signs, legal notices, and such temporary emergency or nonadvertising signs as may be authorized by the city council. 4. Signs of public utility companies indicating danger or which show the location of underground facilities or of public telephones. 5. One real estate sign on any lot, provided such sign is located entirely within the property that is for sale, is unlighted, does not exceed thirty two (32) square feet in area, and is removed within fifteen (15) days after the close of the escrow, or the rental or lease has been accomplished. 6. House numbers, non -illuminated or directly externally illuminated "no trespassing", "no parking" and other warning signs located on the lot to which the sign is appurtenant and not exceeding six (6) square feet in area; one non -illuminated or day externally illuminated nameplate not exceeding one square foot in area for each dwelling unit. 7. "No trespassing", "no dumping", "no parking", "private", and other informational warning signs which shall not exceed six (6) square feet in surface area. Page 46 of 53 K:\COUNCIL\Ordinances\Ord 462.doc 8. Signs located in the interior of any building or within an enclosed lobby or court of any building or group of buildings, which signs are designed and located to be viewed exclusively by patrons of such use or uses. 9. Reasonable seasonable decorations within the appropriate holiday season. However, such displays shall be removed at the end of the public holiday season. 10. The flag of a commercial institution. No more than one flag is permitted per business premises, the flag shall not exceed twenty (20) square feet in surface area, and shall be left loose to fly in the breeze. 11. Sculptures, fountains, mosaics and design features which do not incorporate advertising or identification. 12. Sandwich board signs worn by a person while walking the public ways of the city. 13. Existing signs pertaining to any business within the design review overlay district which business is found by the design review board to be of local historical significance are exempt from the provisions of this chapter but subject to the provisions of chapter 5 of this title. 14. Non -illuminated window signs may cover a maximum of twenty five percent (25%) of the window. 15. One neon window sign no larger than four (4) square feet or ten percent (10%) of the window where it is placed, whichever is larger, shall be permitted per business. Neon window signs shall be reviewed and approved by the zoning administrator, or staff member designated by the zoning administrator, and one design review board member. 16. Door signs identifying the business and/or indicating business hours, emergency phone numbers, etc., shall be permitted up to a maximum of two (2) square feet. 17. Murals shall not be considered signs as lone as the mural is not used or is intended for use as business identification. Murals shall be nostalgic in nature and shall follow the theme of Eagle Architecture. After receiving a recommendation from the Eagle Arts Commission. all murals shall be reviewed and annroved by the Design Review Board and City Council. 8-2A-9: PROCEDURES: The application procedures within the entire design review overlay district shall be in accordance with the requirements set forth below: A. Administrative Design Review: All applications for design review of site and building development or alteration as specified below shall be reviewed by the zoning administrator in accordance with the criteria listed and set forth in this chapter. Any applicant shall be entitled to appeal the zoning administrator's decision to the design review board. 1. All minor alterations to existing buildings and sites, including signs and minor landscaping. 2. An alteration or addition to an existing structure which is tee twenty five percent (40 25%) or less of the gross floor area for building s which are twenty thousand (20,000) sauare feet or smaller. -. Page 47 of 53 K:\COUNCIL\Ordinances\Ord 462.doc okiVir.g a►a` cr ay/ pa-` 3. Tenant wall sign applications made pursuant to the reauirements of an approved master sig n plan application and this code. 4. Applicant must meet all city codes. B. Board Design Review: All applications requiring design review board approval shall be submitted to the zoning administrator for evaluation and scheduling before the design review board. The application shall be scheduled as stipulated in subsection 8 -2A -13A of this article. The zoning administrator may extend the review time for design review applications that are unusually large or complicated. All design reviews shall be in accordance with the criteria listed in this chapter. 1. All sign applications (including master sign plans) made pursuant to this article are required to be submitted for review by the Design Review Board at the time the respective building design review application is made. This section is not intended to apply to sign applications made for the advertisement of businesses in existing buildings where no changes are proposed to the building at the time of the application. The ultimate decision of whether an administrative review or board review will be required shall be determined by the zoning administrator. (Ord. 276, 8-29-1996) 8-2A-10: APPLICATION REQUIREMENTS: Prior to application for a permit to erect, construct, alter, move, remodel, reface or repaint or otherwise change the use of the building or structure in the design review overlay district, the applicant must file an application, upon a form prescribed by the council, with the zoning administrator. All application materials supplied or presented to the city including presentation boards, materials boards and documentation are part of the public record and shall become the property of the city. The applicant may be required to supply the city with colored photos of the presentation boards if determined by the zoning administrator. The size of the photos shall be determined by the zoning administrator and the boards may be returned to the applicant if the photos are provided to the city. Applications shall should be accompanied by appropriate architectural and site development plans as may be required by the zoning administrator and in accordance with the requirements gtlidelifie& set forth in this chapter. . _ . _ _ _ _ _ _ . _ .. _ . The plans shall be legible, to scale and shall include, at a minimum: A. Site Plans Showing: 1. Roofline and foundation plan of building, located on the site; 2. Location of existing trees and structures, if any; 3. Location and dimensions of streets and highway designations; 4. Location and dimensions of off street parking and loading facilities; Page 48 of 53 K:\COUNCIL\Ordinances\Ord 462.doc 5. Location and dimensions of points of entry and exit for vehicles and internal circulation patterns; 6. Location of walls and fences and indication of their height and material of construction; 7. Exterior lighting standards and devices including detailed cut sheets and photometric plan (pedestrian. vehicle. security. decoration). 8. Landscape plan (see the design review guidelines booklet for specific requirements of the landscape plan); 9. Scale and north arrow; 10. Location and designation of all rights of way and property lines. B. Architectural Plans Showing: 1. Building materials; 2. Four (4) elevations to include all sides of development. Perspectives, models or other suitable graphic materials may be submitted at the option of the applicant and if determined by the zoning administrator; 3. Proposed color schemes of entire building, including roof; 4. Site photographs (snapshots) of the site itself and adjacent properties to intersections; 5. Color and texture chips of actual samples of materials may be submitted at the option of the applicant and as may be required by the zoning administrator; 6. Scale drawings of all signs showing size, material, text or other graphic symbols, colors and illumination; and 7. Scale drawings showing the placement and size of all roof mounted mechanicals and the screening of such equipment by a parapet wall or within the roof system. C. Engineered Grading And Drainage Plans: 1. A generalized drainage plan showing direction drainage with proposed on site retention. 2. Upon submittal of building/construction plans for an approved design review application, a detailed site grading and drainage plan, prepared by a registered professional engineer (PE) shall be submitted to the city for review and approval by the city engineer. D. Existing Structures And Sites: Applications involving conversion, remodeling, restoration, renovation, enlargement, or expansion of existing structures or sites shall contain information sufficient in content and detail so that the design review board and/or zoning administrator may be assured the applicant complies with the provisions of this chapter. (Ord. 422, 4-23-2002) 8-2A-11: NOTIFICATION: Page 49 of 53 K:\COUNCII.\Ordinances\Ord 462.doc The zoning administrator shall direct mail notice to applicant, owner, purchaser of record, at least seven (7) days prior to the design review board meeting. (Ord. 276, 8-29-1996) 8-2A-12: THE EAGLE ARCHITECTURE AND SITE DESIGN BOOK All applications made pursuant to this chapter shall also be reviewed in accordance with the Eagle Architecture and Site Design Book.:: 8-2A-13: PROCEDURE FOR APPROVAL: A. Design Review Board Action: At least thirty five (35) days prior to review by the design review board, anyone required to comply with this chapter shall submit their application, together with the required fee, to the zoning administrator. At least seven (7) days prior to any scheduled design review board meeting, all applications to be considered at that meeting shall be made available to each member of the board. 1. Recommendation By the Board: Following a complete review of the design review application. Tthe design review board shall recommend to the council that the application be approved as presented. approved with supplementary conditions. continued for further review, or disapproved. The Board shall specify: a. The ordinance and standards used in evaluating the application: b. The reasons for the recommendation of approval or denial: c. The actions. if any. that the applicant could take to obtain approval. o :rd n1' ir.apafe-a B. . ' - ` _ ' - - ::...:: ' . : Action by the City Council: The council shall either approve. approve with supplementary conditions. or deny the design review application as presented. Within ten (10) working days after a decision has been rendered by the council beard, the zoning administrator shall provide the applicant with written notice of the action on the request. 8-2A-14: APPEALS: A. • . • - • ! ` = ' ' . - ! :. : ` = ' - . Any final decision on an administrative design review application of by the Zoning Administrator design -review -beard may be appealed to the city council Design Review Board by the applicant, adninistfater. o iy►rtiv it , The appealing party shall file a written notice of appeal stating specifically which requirements are to be addressed by the city eouneil Design Review Board and the grounds for the appeal with the zoning administrator before five o'clock (5:00) P.M. of the tenth calendar day after the final decision or determination has been made by the Zoning Administrator design review -board. The basis of the appeal shall include the following: Page 50 of 53 K VCOU NCIL\Ordinances\Ord 462.doc 1. Name, mailing address, and telephone number of the appealing party. 2. Date and subject matter of the final decision being appealed. 3. Inconsistency with the purpose and objectives of the ordinance affected by the final decision. 4. Unreasonable economic hardship of the final decision (if applicable). 5. Undue interference with the design integrity of the proposal. 6. Discriminatory prevention of allowed land use (if applicable). 7. Consideration by the design review board of improper motive or irrelevant information such as the race, ethnic origin, incomes, or other attributes of the proposed occupants or owners (if applicable). 8. Unwarranted restriction of building type, material, or method. B. Action By The Design Review Board Gity-Cenneil÷ Within twenty one (21) calendar days after receipt of an appeal, the zoning administrator shall fix a date for a public meeting hearing of the appeal before the Design Review Board eity-eenncil and notify the appealing party ache -applicant, with no further notification being required. C. Procedural Requirements Met: The zoning administrator shall ascertain that all procedural requirements have been met and schedule the appeal for the Design Review Board meeting eity-c-eunei-kearing following the cut off date subsequent to submittal of the appeal. All pertinent information shall be forwarded to the Design Review Board eity-eennciI who may sustain, deny, amend, or modify the appeal e-designreview• ✓ari. action, or any conditions which are a part of the action taken by the Zoning Administrator. design -review -beard. D. Action bv the City Council: Upon anneal to the council bv either the Zoning Administrator or the appealing party, the council may either approve. approve with sumlementary conditions. or deny the appeal as presented. Within ten (10) working days after a decision has been rendered by the council beard, the zoning administrator shall provide the applicant with written notice of the action on the request. 8-2A-15: TERM OF APPROVAL: Any approval given pursuant to the provisions of this chapter shall lapse and become null and void twelve (12) months following the date on which it was given, unless, prior to the expiration date, construction or development is commenced and diligently pursued toward completion on the site which was the subject of the application. Upon written request to the Zoning Administrator Bard, containing the reasons thereof, the administrator design review may grant an extensions of time for approved design review applications. provided the administrator beard finds the prop osed development complies with current ordinance requirements. d v a tiona1 tweive (4 ) nth 8-2A-16: MODIFICATIONS: After approval of a design review application, the applicant may request a modification(s) to the approved development plans or conditions. Such request shall be made upon an application form Page 51 of 53 K:\COUNCQ,\Ordinances\Ord 462.doc prescribed by the design -review -beard council and shall be determined pursuant to the standards set forth in this chapter. A. Administrative Approvals: The zoning administrator is authorized to approve minor modifications as specified below: 1. Modifications proposed for any development application processed as an administrative design review in accordance with section 8-2A-9 of this article. 2. Minor relocation of building pads or dwelling units due to conditions such as unanticipated topography, road alignment or easements; provided that the modification does not significantly alter the site design in terms of parking layouts, vehicular circulation, landscape design and other similar components of the development plans provided ordinance requirements are still met. 3. An increase or decrease in a proposed setback provided ordinance requirements are still met. 4. A change in building design relating to items such as materials, colors, window and door locations and mechanical units, provided the design remains essentially the same as that previously approved by the design review board. 5. A minor modification to a recreation area or open space design, but not elimination or a significant reduction. 6. A minor change to landscape design/plant material changes. 7. A minor change to parking lot/site plan. B. Design Review Board and City Council Action els: The following modifications shall require a recommendation of approval from the design review board and a final approval from the city council: 1. Any change that may impact an adjoining residential neighborhood. 2. t ii tip: paS is -hearing eeeSST 3- Any requests that in the opinion of the zoning administrator would significantly alter the design of the site and/or building(s). 4. A request to change or delete a condition of approval established by the beard council. (Ord. 276, 8-29-1996) 8-2A-17: RESTRICTIONS ON OTHER REQUIRED DOCUMENTS: A. Building/Zoning Permits: The zoning administrator shall not issue a building/zoning permit to any applicant from within the design review overlay district until the design review application has been specifically approved in writing by the zoning administrator or design review board and is in full compliance with this code. (Ord. 307, 9-9-1997) 8-2A-18: SURETIES: Prior to the issuance of a temporary certificate of occupancy, a surety in the form of an irrevocable letter of credit, certificate of deposit, or cash, in the amount equal to one hundred fifty Page 52 of 53 K:\COUNCIL\Ordinances\Ord 462.doc percent (150%) of the estimated construction costs of site improvements, landscaping and irrigation shall be provided by the owner/developer and held by the city until said construction, landscaping and irrigation is complete. Construction cost estimates shall be reviewed and approved by the city zoning administrator prior to city acceptance of said surety. The surety initiation and extension fees shall be established by resolution of the city council. No final certificate of occupancy shall be issued until the required construction, landscaping and irrigation is complete pursuant to section 8-2A-19 of this article. (Ord. 422, 4-23-2002) 8-2A-19: INSPECTION: A. When Required: At the request of the design review board, the zoning administrator shall cause to be inspected each applicant development and shall issue an inspection report to the design review board. Each project will be inspected based on the requirements of this chapter. (Ord. 276, 8-29-1996) B. Certificate Of Occupancy: The building inspector shall not issue a final certificate of occupancy to the applicant until all of the requirements of the design review applications, as approved by the design review board, have been complied with. (Ord. 422, 4-23-2002) Section 3: The provisions of this ordinance are hereby declared to be severable and if any provision of this act or the 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. Approved and adopted this day of NOVerl x2003. errill E May br, Nancf A ST: Sharon K. Moore, Eagle City le Clerk Page 53 of 53 K:\COUNCIL\Ordmances\Ord 462.doc ORIGINAL SUMMARY OF ORDINANCE NO. 462 AN ORDINANCE FOR THE CITY OF EAGLE, IDAHO, AMENDING EAGLE CITY CODE, TITLE 8 "ZONING", CHAPTER 2 "ZONING DISTRICTS AND MAPS", ARTICLE A, "DR DESIGN REVIEW OVERLAY DISTRICT"; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. A summary of the principal provisions of Ordinance No. 462 of the City of Eagle, Ada County, Idaho, adopted on November 11, 2003, is as follows: Section 1: That Title 8, Chapter 2, Article A. of the Eagle City Code, be and is hereby amended, in part, to read as follows: ARTICLE A. DESIGN REVIEW OVERLAY DISTRICT 8-2A-1: GENERAL APPLICABILITY: This chapter defines the scope of the amended code and the applicable elements included. 8-2A-2 PURPOSE AND GOALS: Recognizes interdependence of land values, implements the use of interdependence as a tool to benefit the community and specifies architectural and landscaping values to create sustainable and pleasing environment. 8-2A-3 EFFECT OF OTHER PROVISIONS: The higher restrictive design standard is prevalent when conflicts occur. 8-2A-4 DEFINITIONS: The chapter specifies that definitions as used in this amendment are defined in section 8- 1-2 of this title. 8-2A-5 DESIGN REVIEW OVERLAY DISTRICTS, EAGLE ARCHITECTURE AND SITE REVIEW BOOK (EASD): Specifies the scope of area included, describes four defined areas of development in the overlay district, specifies that the four areas are delineated on the map (exhibit A-1) and describes the EASD Book, its contents and purpose. 8-2A-6 DESIGN REQUIREMENTS, OBJEVTIVES AND CONSIDERATIONS: This chapter initially addresses the general overlay design requirements, objectives, and considerations for the district as a whole including Site Design, Landscaping, Grading and Drainage, Signage, Utilities, and Building Design. The chapter then specifically addresses how the foregoing requirements, objectives, and considerations will be applied K:\COUNCIL\Ordinances\Ord 462 sum.doc Page 1 of 4 to the four individually defined areas of development including the DDA, TDA, CEDA, and DSDA. 8-2A-7 LANDSCAPE BUFFER AREA REQUIREMENTS: The chapter identifies 17 separate (A to Q) landscaping and buffer area requirements including Landscape Plan, Landscape as a percentage of site, Existing Vegetation, Prohibited Materials and Landscaping, Installation and Minimum Standards, Tree Species Mix, Maintenance, Completion Time, Irrigation Requirements, Buffer Areas and Common Lots, Parking lot landscaping, Landscaped Commercial strips, Parkway strips, separated sidewalks, and street trees, Incentives, Alternate Methods of Compliance, Plan Preparation, and Approved Tree List. 8-2A-8 SIGN REGULATIONS: The chapter includes a description of the applicability of the criteria to all signs within the entire design review district, detailed signage definitions, General Provisions and Requirements, Special portable signs, Illumination, Master Sign Plan, Nonconforming Signs, Prohibited signs, Signs on City Owned Property, Signs in the entire DROD, Temporary signs, and exemptions from provisions. 8-2A-9 PROCEDURES: Applications within the Design Review Overlay District are subject to review through either an Administrative Design Review or by a Board Design Review. 8-2A-10 APPLICATION REQUIREMENTS: Defines the 4 specific parts required of any applicant including Site, Architectural, Grading and Drainage Plans, and similar information for Existing Structure and Sites where conversion, remodeling, restoration, etc. are planned. 8-2A-11 NOTIFICATION: Specifies the zoning administrator must notify the applicant at least 7 -days prior to design review board meeting. 8-2A-12 THE EAGLE ARCHITECTURE AND SITE DESIGN BOOK: All applications made pursuant to this chapter shall also be reviewed in accordance with he Eagle Architecture and Site Design Book. 8-2A-13 PROCEDURE AND APPROVAL: The chapter defines the required procedures and timelines in submitting and the approval of applications. 8-2A-14 APPEALS: The chapter defines the appeal process in detail. K:\COUNCIL\Ordinances\Ord 462 sum.doc Page 2 of 4 8-2A-15 TERM OF APPROVAL: Specifies that any approval given pursuant to the provisions of this chapter shall lapse twelve (12) months following the date of approval and describes extension policy and processes. 8-2A-16 MODIFICATIONS: Defines the modification processes of approved design applications including Administrative Approvals and Design Review Board and City Council Approvals of modifications to original applications. 8-2A-17 RESTRICTIONS ON OTHER REQUIRED DOCUMENTS: The chapter prohibits the issuance of building/zoning permits until design review application has been approved in writing and is found to be in full compliance with this Code. 8-2A-18 SURETIES: Specifies the requirement for surety to be provided and held by City until project completion. 8-2A-19 INSPECTION: Specifies requirements for inspection and submission of inspection report by zoning administrator to design review board and defines the issuance of building occupancy permit processes. The full text of Ordinance No. 462 is available from the City Clerk, and will be provided to any person upon request during regular office hours. DATED this /4 day of November, 2003. ATTEST: o 174- City Clerk CITY OF EAGLE Ada County, Idaho ,............ cs-r1-e_ — '��.•• CI • i.� SEAL�a s K:\COUNCIL\Ordinances\©Sd • 49/ Page 3 of 4 ''•.,9 TE;OF 19.0°`• CER111-4CATION OF CITY ATTORNEY As city attorney for and legal advisor to the City of Eagle, Idaho, I hereby certify that I have reviewed the foregoing Summary of Ordinance No. 462 the City of Eagle, adopted on, 11ka .� l tr,'aos3 and that the same is true and complete and provides adequate notice to the public of the contents of the Ordinance. DATED as of the 14th day of November, 2003 Page 4 Message rage 1 oI i Tracy Osborn From: Tracy Osbom [tosborn©rmci.net] Sent: Wednesday, November 19, 2003 2:06 PM To: Notices Legal (historydoc@uswest.net) Subject: Ord. 462 & Ord. 443 Please publish the attached ordinances one time only. Let me know if you need the signature pages faxed to you. THANKS! 11/25/2003