Ordinance - 2007 - 566 - Amend Title 8 Zoning - 05/15/2007
ORDINANCE #566
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO AMENDING
EAGLE CITY CODE TITLE 8 "ZONING", CHAPTER I "ZONING
INTERPRETATION AND DEFINITIONS", CHAPTER 2 "ZONING DISTRICTS AND
MAP", CHAPTER 2A "DESIGN REVIEW OVERLAY DISTRICT", CHAPTER 6
"PLANNED UNIT DEVELOPMENTS", AND AMENDING TITLE 9 "LAND
SUBDIVISIONS", CHAPTER I "GENERAL SUBDIVISION PROVISIONS",
CHAPTER 2 "SUBDIVISION PLATS AND PROCEDURES", CHAPTER 3 "DESIGN
STANDARDS", CHAPTER 4 "REQUIRED IMPROVEMENTS", CHAPTER 5
"SPECIAL DEVELOPMENT SUBDIVISIONS"; 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 ofIdaho; 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 tIlat good cause exists for
amending tile Title 8 Zoning Ordinance and Title 9 Land Subdivisions so as to preserve
and enhance the beauty and livability of tile City of Eagle; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF EAGLE, Ada County, Idaho;
Section I: That Title 8 "Zoning", Chapter I "Zoning Interpretation and Definitions",
Chapter 2 "Zoning Districts and Map", Chapter 2A "Design Review Overlay District",
Chapter 6 "Planned Unit Developments", and Title 9 "Land Subdivisions", Chapter I
"General Subdivision Provisions", Chapter 2 "Subdivision Plats and Procedures",
Chapter 3 "Design Standards", Chapter 4 "Required Improvements", and Chapter 5
"Special Development Subdivisions" be and is hereby amended, in part, to read as
follows with underline text to be added and strike-tlrrough text to be deleted:
8-1-2: RULES AND DEFINITIONS: For the purpose of this title, certain terms
or words used herein shall be interpreted as follows:
A. The word "person" includes a firm, association, organization, partnership, trust,
company or corporation, as well as an individual.
B. The present tense includes the future tense, the singular number includes the plural
and the plural number includes tile singular.
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C. The word "shall" is a mandatory requirement, the word "may" is a permissive
requirement and the word "should" is a preferred requirement.
D. The words "used" or "occupied" include the words "intended", "designed" or
"arranged" to be used or occupied.
E. The word "lot" includes the words "plot", "parcel" and "tract".
The following words and terms when used in this title shall have the meanings ascribed
to them in this section:
ACCESSORY USE OR STRUCTURE: A use or structure on the same lot with, and of a
nature customarily incidental and subordinate to, the principal use or structure. In
residential zones accessory uses/structures include, but are not limited to, detached
carports and garages, pool houses and cabanas, amateur radio and satellite dish antennas,
barns, corrals, stables, and similar uses and structures. In nonresidential zones accessory
uses/structures include, but are not limited to, detached carports and garages, caretaker's
quarters, guard houses, storage sheds, outdoor storage structures, microwave and satellite
dish antennas, and similar uses and structures.
ADMINISTRATOR: An official having knowledge in the principles and practices of
zoning who is appointed by the mayor, with the consent of the council, to administer this
title.
ADULT BUSINESS: Establishments based primarily on materials or performances that
depict, describe, or relate to specified sexual activities. Adult businesses must be a
minimum distance of one-half (l/2) mile from any church, school, daycare, and/or any
other business or use which is primarily intended for individuals under the age of
eighteen (18) years old. The distance shall be measured in a direct line from the front
door of the adult business to the front door of said business or use.
AGRlCUL TURE AND FOREST: The use ofland for farming, dairying, pasturage,
agriculture, horticulture, floriculture, viticulture, animal and poultry husbandry and the
necessary accessory uses for parking, treating or storing the produce; provided, however,
that:
A. The operation of any such accessory uses shall be secondary to that of normal
agricultural activities; and
B. The above uses shall not include the feeding or sheltering of animals or poultry in
penned enclosures within one hundred feet (100') of any residential zoning district.
Agriculture does not include the operation or maintenance of a commercial feedlot or
stockyard where large numbers oflivestock are fed concentrated feeds particularly
for the purpose offattening for market.
AIRPORT: Any area ofland or water which has been set aside, designated, classified and
duly established by jurisdictional authorities which may be used for aircraft terminals for
people, mail, and freight, airport traffic control and weather stations, aircraft repair,
storage and tie down areas, gasoline, jet fuel, oil and other aircraft supplies and parts
storage areas, aircraft landing strips, taxiways, clear areas, hangars, offices and such other
facilities, buildings or structures necessary therefor.
AMBULANCE SERVICES: Provision of non emergency medical care transportation,
including incidental storage, maintenance and parking of medical transport vehicles.
ANIMAL SHOWS: Exhibitions of domestic or large animals for a maximum of seven (7)
days. This classification includes sales of animals and related merchandise.
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ANTENNA: Any structure or device used for the purpose of collecting or transmitting
electromagnetic waves, including, but not limited to, directional antennas, such as panels,
microwave dishes, and satellite dishes, and omnidirectional antennas, such as whip
antennas.
APARTMENT: A room or suite of rooms in a multiple-family structure which is
arranged, designed or used as a single housekeeping unit and has complete kitchen
facilities permanently installed.
ARTIST STUDIOS: Work space for artists and artisans, including individuals practicing
one of the fine arts or performing arts, or skilled in an applied art or craft.
ARTS AND CRAFTS SHOWS (Outdoor): Display and sale of painting, sculpture, hand
crafts and similar objects.
AUCTION FACILITY: Facilities operated primarily for the sale of new and/or used
merchandise by auctioning.
AUTOMOTIVE BODY SHOP: Automobile collision service, repair and painting.
AUTOMOTIVE FUEL ISLANDS: A retail fuel sales facility typically including a small
kiosk building covered by a canopy.
AUTOMOTIVE GAS STATION/SERVICE SHOP: Buildings and premises where
gasoline, oil, grease, batteries, tires and motor vehicle accessories may be supplied and
dispensed at retail and where, in addition, the following services may be rendered and
sales made:
A. Sales and service of spark plugs, batteries and distributors' parts;
B. Tire servicing and repair, but not recapping or regrooving;
C. Replacement of mufflers and tailpipes, water hose, fan belts, brake fluid, light
bulbs, fuses, floormats, seat covers, windshield wipers and blades, grease retainers,
wheel bearings, mirrors and the like;
D. Radiator cleaning and flushing;
E. Washing, polishing and sale of washing and polishing materials;
F. Greasing and lubrication;
G. Providing and repairing fuel pumps, oil pumps, lines;
H. Minor servicing and repair of carburetors;
I. Adjusting and repairing brakes;
J. Minor motor adjustment not involving removal of the head or crankcase or racing
the motor;
K. Sales of cold drinks, packaged food, tobacco and similar convenience goods for
service station customers, as accessory and incidental to principal operations;
L. Provisions of road maps and other informational materials to customers and
provision of restroom facilities; and
M. Warranty maintenance and safety inspections.
Uses permissible at an automotive gas station/service shop do not include major
mechanical and body work, straightening of body parts, painting, welding, storage of
automobiles not in operating condition or other work involving noise, glare, fumes,
smoke or other characteristics to an extent greater than normally found at an
automotive gas station/service shop. An automotive gas station/service shop is not a
repair garage nor a body shop.
AUTOMOTIVE, MOBILE HOME, TRAVEL TRAILER AND FARM IMPLEMENT
SALES: The sale or rental of new and used motor vehicles, mobile homes, travel trailers
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and/or farm implements, but not including repair work except incidental warranty repair
of same, to be displayed and sold on the premises.
AUTOMOTIVE REPAIR: The repair, rebuilding or reconditioning of motor vehicles or
parts thereof, excluding collision service, painting and steam cleaning of vehicles.
AUTOMOTIVE STORAGE: Storage of parking tow aways, impound yards, and storage
lots for automobiles, trucks, buses and recreational vehicles.
AUTOMOTIVE WASHING FACILITY: Facilities for washing, waxing or steam
cleaning of automobiles or similar light vehicles.
AUTOMOTIVE WRECKING YARD OR SALVAGE: The dismantling or wrecking of
two (2) or more used motor vehicles, mobile homes, trailers or the storage, sale or
dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
Any premises, excluding fully enclosed buildings, where more than two (2) motor
vehicles not in operating condition are standing more ilian thirty (30) days, or where used
motor vehicles or parts thereof are dismantled or stored.
BANKS/FINANCIAL INSTITUTIONS: Financial institutions that provide retail banking
services to individuals and businesses. This classification includes those institutions
engaged in the on site circulation of cash money and businesses offering check cashing
facilities.
A. With Drive Up Service: Institutions providing services accessible to persons who
remain in their automobiles. Drive up service is classified separately because it is not
appropriate at all locations.
BAR: An establishment for which a license under title 3, chapter 2, article A, B, and/or C
of this code is required and the principal business of which is the sale of alcoholic
beverages to be consumed on premises.
BASEMENT: A dwelling unit, all or partly underground, but having at least one-half
(1/2) of its height below the average level of the adjoining ground.
BED AND BREAKFAST FACILITY: An owner occupied facility providing overnight
accommodations and breakfast food service to no more than twelve (12) guests at any
one time. No cooking shall be allowed in guest rooms and only breakfast food shall be
provided to guests. Bath facilities shall be shared by no more than two (2) guest rooms
and one off street parking space for each guest room and employee shall be provided and
maintained by ilie applicant.
BOARDING HOUSE, LODGING HOUSE, DORMITORY: A building other than a
hotel or motel where meals and/or lodging are provided for compensation to three (3) or
more unrelated persons, but less than twelve (12) persons, who are not transients, and
kitchen facilities are not provided in the individual rooms.
BUILDING: Any structure designed or intended for the support, enclosure, shelter or
protection of persons, animals, chattels or property of any kind.
BUILDING, ACCESSORY: A subordinate building detached from, but located on the
same lot as ilie principal building, the use of which is incidental and accessory to that of
ilie main building or use.
BUILDING HEIGHT: The vertical distance measured from the average elevation of the
proposed finished grade at the front of the building to the highest point of the roof for flat
roofs, to ilie deck line of mansard roofs, and the top ofilie peak for gable, hip and
gambrel roofs.
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BUILDING, PRINCIPAL: A building in which is conducted the main or principal use of
the lot on which said building is situated.
BUILDING SUPPLY OUTLET: A commercial establishment storing and offering for
sale building supplies, coal, heavy equipment, feed, grain, and similar goods, for
wholesale or retail sale. This use does not include hardware stores.
CATERING SERVICE: Preparation and delivery of food and beverages for off site
consumption without provision for on site pickup or consumption.
CEMETERY: Land used or intended to be used for the burial of human remains and
dedicated for cemetery purposes. Cemetery purposes include columbariums,
crematoriums, mausoleums, and mortuaries operated in conjunction with the cemetery.
CENTRAL SEWER SYSTEM: Any system that receives blackwaste or wastewater in
volumes exceeding two thousand five hundred (2,500) gallons per day; any system which
receives blackwaste or wastewater from more than two (2) dwelling units or more than
two (2) buildings under separate ownership.
CHILDCARE FACILITY: Any facility where children regularly receive care and
supervision, usually unaccompanied by the children's parents, guardians or custodians,
and regardless of whether the facility does or does not provide any instruction. This use
excludes the case of: a) the operator's children or legal wards or children related by blood
or marriage, b) occasional personal guests, and c) children aged twelve (12) years and
over. Any home, place, or facility providing overnight custodial services for lodging or
boarding for the occupants therein shall not be considered a childcare facility.
There are three (3) types of childcare facilities:
A. Family Daycare Home: A childcare facility for six (6) or fewer children. Baby
sitting services are an accessory use to residential uses.
B. Group Daycare Facility: A childcare facility for seven (7) to twelve (12) children.
C. Daycare Center: A childcare facility for thirteen (13) or more children.
CHRISTMAS TREE SALES: Retail sales of Christmas trees between Thanksgiving and
December 26.
CIRCUSES AND CARNIVALS: Provisions of games, eating and drinking facilities, live
entertainment, animal exhibitions, or similar activities, which may be conducted
outdoors, or in a tent or other temporary structure, for a maximum of seven (7) days. This
classification excludes events conducted in a permanent entertainment facility.
CLINIC: A building used for the care, diagnosis and treatment of sick, ailing, infirm or
injured persons or those who are in need of medical and surgical attention; but which
building does not provide board, room or regular hospital care and services.
CLUB OR LODGE: A building or portion thereof or premises owned or operated by an
organized association of persons for a social, literary, political, educational or
recreational purpose primarily for the exclusive use of members and their guests; but still
not including any organization, group or association, the principal activity of which is to
render a service usually and ordinarily carried on as a business.
COMMERCIAL ENTERTAINMENT FACILITIES: Any profit making activity which is
generally related to the entertainment field such as motion picture theaters, performing
arts theaters, sports stadiums and arenas, amusement parks, bowling alleys, billiard
parlors, poolrooms, dance halls, ice/roller skating rinks, health/fitness clubs, recreation
clubs, arcades, nightclubs, cocktail lounges and similar entertainment activities.
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COMMISSION/HISTORIC PRESERVATION: The historic preservation commission,
Eagle, Idaho.
COMMISSION/PLANNING AND ZONING: The zoning, planning and zoning, joint
zoning or joint planning and zoning commission with individuals appointed by the mayor
and confirmed by the council.
COMMON AREA OPEN SPACE: Land within a development, not individuallv owned
or dedicated for public use (except for the portion of the eight foot (8') wide landscape
strip located adiacent to and within the Dublic right-of-wav of a local street) or for use as
private streets. which is designed and intended for the common use or eniovment of the
residents of the development. It mav include complementary structures and
improvements. See also Open Space. Open Space Active, and Open Space Passive
COMMUNICATION FACILITIES: Broadcasting, recording, and other communication
services accomplished through electronic or telephonic mechanisms, but excluding public
service facilities and personal wireless service facilities. This classification includes
radio, television, or recording studios; telephone switching centers; and telegraph offices.
COMPREHENSIVE PLAN: A plan, or any portion thereof, adopted by the council
including such things as the general location and extent of present and proposed physical
facilities including housing, industrial and commercial uses, major transportation, parks,
schools and other community facilities.
CONDITIONAL USE: A use permitted within a district, other than a principally
permitted use, requiring a permit and approval of the council. Uses permitted in each
district are listed in the official schedule of district regulations, section 8-2-3 of this title.
CONVENIENCE STORE: Retail sales of food, beverage and small convenience items
typically found in establishments with long or late hours of operation.
COUNCIL: The city council of the city of Eagle.
DAIRY FARM: A farm whose principal function is the production of milk and milk
products and which may include the processing of milk so produced. A dairy farm further
refers to a dairy barn, processing facility or feeding area where animals are kept, raised or
fed in a restricted area, and where the milking area is subject to the approval of the Idaho
state department of health and welfare.
DENSITY: A unit of measurement; the number of dwelling units per acre of land.
A. Gross Density: The number of dwelling units per acre of total land to be
developed, including public right of way, private streets. and common area open
space: excluding Floodwav.
B. Net Density: The number of dwelling units per acre of land when the acreage
involved includes only the land devoted to residential uses, excluding public right of
way. private streets, common area open space, and Floodwav.
DESIGN REVIEW ORDINANCE: The design review ordinance of the city, as adopted
by the city, or as may hereafter be amended and/or codified'30.
DETENTION FACILITIES: Publicly owned and operated facilities providing housing,
care, and supervision for persons confined by law.
DWELLING, MULTI-FAMILY: A dwelling consisting of three (3) or more dwelling
units including townhouses and condominiums with varying arrangements of entrances
and party walls. Multi-family housing may include public housing.
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DWELLING, SINGLE-FAMILY: A dwelling consisting ofa single dwelling unit only,
separated from other dwelling units by open space. This classification includes
manufactured homes and any home in which eight (8) or fewer supervised unrelated
mentally and/or physically handicapped or elderly persons reside.
DWELLING, TWO-FAMILY: A dwelling, consisting of two (2) dwelling units which
may be either attached side by side or one above the other.
DWELLING UNIT: Space within a dwelling comprising living, dining, sleeping room or
rooms and storage closets, as well as space and equipment for cooking, bathing and toilet
facilities, all used by only one family and its household employees.
EASEMENT: Authorization by a property owner for the use by another, and for a
specified purpose, of any designated part of his property.
EMERGENCY HEALTH CARE: Facilities providing emergency medical service with
no provision for continuing care on an inpatient basis.
EMERGENCY SERVICES: Provision of emergency medical care transportation, fire
protection and police protection, including incidental storage and maintenance and
parking of emergency and emergency related vehicles.
FACADE: The front or chief face of a building.
F AMIL Y: One or more persons occupying a single dwelling unit; provided, that all
members are related by blood, adoption or marriage.
FARM: Buildings and premises used for the raising and processing of farm products in
an agricultural setting by an individual or an association which operates and manages the
farm either as owner or tenant, at a site used for a farm residence and associated farm
accessory buildings.
FEEDLOT OR STOCKYARD: Primarily where large numbers oflivestock are fed
concentrated feeds particularly for the purpose offattening for market.
FLEX SPACE: Allows for uses that generally require substantial amounts of storage and
working area as well as office and/or showroom space. This use is not intended to permit
warehousing or manufacturing that has high levels of truck activity. Loading docks shall
be at the rear of the structure, shall be screened from view from street and neighboring
uses, and loading ramps shall be a maximum of two feet (2') high to discourage tractor
trailer use. Examples of uses include, but are not limited to, custom bookbinding, ceramic
studios, candle making shops, custom jewelry manufacture, lighting/plumbing fixture
showrooms, small merchandise assembly, and low intensity sales and distribution
facilities. Gross floor area of each building used as "flex space" shall be a maximum of
thirty thousand (30,000) square feet. Buildings may be comprised of several lease spaces.
Hours of operation shall be limited to between six o'clock (6:00) A.M. to ten o'clock
(10:00) P.M.
FOOD AND BEVERAGE SALES: Retail sales of food and beverages for off site
preparation and consumption. Typical uses include groceries, liquor stores, delicatessens,
or bakeries, and exclude convenience stores and catering services.
FRONTAGE ROAD: A road which has unlimited access to collector and access streets
but has limited access to arterial streets. Access onto arterial streets is limited to one
thousand five hundred feet (1,500') between points.
GOVERNMENT OFFICES: Administrative, clerical, or public contact offices ofa
government agency, including postal facilities, together with incidental storage and
maintenance of vehicles.
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HARDWARE STORES: Sales of home and commercial building supplies. This use does
not include building supply outlets.
HEALTH AUTHORITY: The local district health department or state department of
health and welfare that has jurisdictional authority.
HEALTH CLUBS, SPAS, WEIGHT REDUCTION SALONS: Establishments with
equipment for exercise and physical conditioning.
HEIGHT: The height of personal wireless facilities, spires, poles, antennas, steeples,
towers, and similar structures shall be determined by measuring the vertical distance from
the point of contact with the ground to the highest point of the structure, including any
vertical projection thereof. When mounted upon other structures, the combined height of
the personal wireless facility, spire, pole, antenna, steeple, tower, and/or similar structure,
including the height of the structure mounted upon, shall be used to determine height.
HELIPORTS: Pads and facilities enabling takeoffs and landings by helicopters.
HISTORIC PRESERVATION: The research, documentation, protection, restoration and
rehabilitation of buildings, structures, objects, districts, areas, and sites significant in the
history, architecture, archaeology or culture of this community, the state, or the nation.
HISTORIC PROPERTY: Any building, structure, area or site that is significant in the
history, architecture, archaeology or culture of this community, the state, or the nation.
HOME AND BUSINESS SERVICES: Provisions of recurrently needed services for
business and residential uses. Uses include upholsterers, photocopying and small print
shops.
HOME OCCUPATION: Any use customarily conducted entirely within a dwelling and
carried on by the inhabitants thereof, which use is clearly incidental and secondary to the
use of the structure for dwelling purposes and which use does not change the character
thereof or does not adversely affect the uses permitted in the zone of which it is a part.
HORTICULTURE: A. General: The raising of vegetables, flowers, ornamental trees and
shrubs as a commercial enterprise, including the storage of nursery equipment and
materials and the erection of nursery structures.
B. Limited: The raising of vegetables, flowers, ornamental trees and shrubs as a
commercial enterprise, provided that no nursery equipment or materials shall be
stored and no structures erected. Commercial horticulture accessory to a dwelling
unit shall be regulated as a home occupation.
HOSPITAL: An institution devoted primarily to the maintenance and operation of
facilities for the medical or surgical care of patients for twenty four (24) hours or more.
This classification includes incidental facilities for outpatient treatment, as well as
training, research, and administrative services for patients and employees. The term
hospital does not include convalescent, nursing or boarding homes and does not include
institutions devoted to the care of the mentally ill or drug or alcohol addicted.
HOTEL: Establishments offering rooms as lodging on a less than weekly basis to guests.
Hotels typically have eating and drinking service and a dining room where meals are
served.
INDUSTRIAL: A. Extractive: Any mining, quarrying, excavating, processing, storing,
separating, cleaning or marketing of any mineral natural resource.
B. Heavy: Manufacturing, processing, assembling, storing, testing and similar
industrial uses which are generally major operations and extensive in character,
require large sites, open storage and service areas, extensive services and facilities,
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ready access to regional transportation and normally generate some nuisances such
as smoke, noise, vibration, dust, glare, air pollution and water pollution, but not
beyond the district boundary.
C. Light: Manufacturing or other industrial uses which are usually controlled
operations; relatively clean, quiet and free of objectionable or hazardous elements
such as smoke, noise, odor or dust; operating and storing within enclosed structures
and generating little industrial traffic and no nuisances.
INDUSTRY: A. Custom: Establishments primarily engaged in on site production of
goods by hand manufacturing involving the use of hand tools and small scale equipment.
B. Limited: Includes mechanical equipment not exceeding two (2) horsepower of a
single kiln not exceeding eight (8) kilowatts and the incidental direct sale to
consumers of only those goods produced on site. Typical uses include custom
bookbinding, ceramic studios, candle making shops, and custom jewelry
manufacture.
INDUSTRY RESEARCH AND DEVELOPMENT: Establishments primarily engaged in
the research, development, and production of high technology electronic, industrial or
scientific products or commodities for sale, but prohibits uses that may be objectionable
by reason of production of offensive odor, dust, noise, vibration, or storage of hazardous
materials. Examples of uses include, but are not limited to, biotechnology firms, and
computer component manufacturers.
INSTITUTION: Building and/or land designed to aid individuals in need of mental,
therapeutic, rehabilitative counseling or other correctional services.
JUNKY ARD: An outdoor space where waste and discarded or salvaged materials are
bought, sold, exchanged, baled, packed, disassembled, stored or handled, including house
wrecking yards, used lumberyards and places where such uses are conducted entirely
within a completely enclosed building, such as pawn shops and establishments for the
sale, purchase or storage of used furniture and household equipment or for used cars in
operable condition, or salvaged materials incidental to manufacturing operations.
KENNEL (For Hobby, Commercial Or Boarding Purposes): Any lot or premises or
portion on which three (3) or more dogs, cats and other household domestic animals are
maintained, harbored, possessed, boarded, bred or cared for in return for compensation or
kept for sale including privately or publicly owned, operated or managed dog pounds.
LABORATORIES: Establishments providing medical or dental laboratory services; or
establishments with less than two thousand (2,000) square feet providing photographic,
analytical, or testing services. Other laboratories are classified as industry limited.
LAUNDROMAT: Business providing self-service cleaning facilities for clothing and
other fabric articles.
LAUNDRY (With No Drive Up Service): A business which launders and dry cleans
clothing and other fabric articles in bulk.
A. With Drive Up Service: Institutions providing services accessible to persons who
remain in their automobiles. Drive up service is classified separately because it is not
appropriate at all locations.
LIVE ENTERTAINMENT EVENTS: Temporary concerts and other cultural events
lasting less than seven (7) days or ongoing occasional events such as barn dances, square
dances, weddings and receptions; temporary events such as corn mazes, hayrides, retail
pumpkin patches and petting zoos lasting less than forty five (45) days per calendar year.
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LOADING SPACE, OFF STREET: Space logically and conveniently located for bulk
pick ups and deliveries, scaled to delivery vehicles expected to be used, and accessible to
such vehicles when required off street parking spaces are filled. Required off street
loading space is not to be included as off street parking space in computation of required
off street parking space. All off street loading spaces shall be located totally outside of
any street or alley right of way.
LOT: A parcel, plot, tract, or other land area ef.laad of sufficient size to meet minimum
zoning requirements for use, coverage and area, and created bv subdivision for sale,
transfer, or lease, and to provide such yards and other open spaces as are herein required.
Such lot shall have frontage, as may be required within this code, on an improved public
street, or on an approved private street, and may consist of:
A. A single lot of record;
B. A portion of a lot of record; and
C. A combination of complete lots of record, or of portions of lots of record.
LOT COVERAGE: The ratio of enclosed ground floor area of all buildings on a lot to the
horizontally projected area of the lot, expressed as a percentage.
LOT FRONTAGE: The front of a lot shall be construed to be the portion nearest the
street. For tile purpose of determining yard requirements on corner lots and through lots,
all sides of a lot adjacent to streets shall be considered frontage and yards shall be
provided as indicated under "yards" in this section.
LOT, MINIMUM AREA OF: The area of a lot is computed exclusive of any portion of
the right of way of any public or private street.
LOT OF RECORD: A lot which is a part of a subdivision recorded in the office of the
county recorder; or a lot or parcel described by metes and bounds, the description of
which has been so recorded.
LOT TYPES: Terminology used in this title witll reference to corner lots, interior lots and
through lots is as follows:
Corner Lot: A lot located at the intersection of two (2) or more streets;
Interior Lot: A lot with only one frontage on a street;
Reversed Frontage Lot: A lot on which frontage is at right angles to the general
pattern in the area. A reversed frontage lot may also be a corner lot; and
Through Lot: A lot other than a corner lot with frontage on more than one street.
Through lots abutting two (2) streets may be referred to as double frontage lots.
MOBILE HOME: A detached single-family dwelling unit with all of the following
characteristics:
A. Designed for a long term occupancy and containing sleeping accommodations, a
flush toilet, a tub or shower bath and kitchen facilities with plumbing and electrical
connections provided for attachment to outside systems;
B. Designed to be transported after fabrication on its own wheels, or on flatbed or
other trailers or detached wheels; and
C. Arriving at the site where it is to be occupied as a dwelling complete, including
major appliances and furniture, and ready for occupancy except for minor and
incidental unpacking and assembling operations, location on foundation supports,
connection to utilities, and the like.
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MOBILE HOME COURT (RV): Any site or tract ofland whereupon two (2) or more
mobile homes, travel trailers, or recreational vehicles are placed, located and maintained
for dwelling purposes on a temporary basis.
MOBILE HOME PARK: Any site or tract of land under single ownership upon which
two (2) or more mobile homes in habitation are parked, either free of charge or for
revenue purposes, including any roadway, building, structure, vehicle or enclosure used
or intended for use as part of the facilities of such park.
MOBILE OFFICE: A detached mobile unit not intended for occupancy as a dwelling unit
designed to be transported after fabrication on its own wheels or on flatbed or other
trailers or detached wheels. Use of mobile office at other than a construction site requires
a conditional use permit.
MODULAR HOME: Constructed witll standardized units or dimensions for flexibility
and variety in use.
MOTELS: Establishments offering lodging on less than weekly basis. This classification
may include incidental eating or drinking service.
MUSEUM: Institutions displaying or preserving objects of interest in one or more of the
arts or sciences. This classification includes museums, and art galleries.
NONCONFORMING USE: A building, structure or use ofland existing at tile time of
enactment of tIlis title, and which does not conform to tile regulations of the district in
which it is situated.
NONPROFIT REHABIUT A TION CENTER: Facilities operated by established
nonprofit organizations such as goodwill industries, salvation army, etc., which are
intended to provide employment and training for handicapped persons. Such facilities
may include, but are not limited to, activities such as light assembly of products, training,
administrative office, repair and sale of secondhand clothing, furniture and appliances,
and may include certain facilities for persons with profound mental retardation. This use
does not include homeless shelters or other forms of transient or permanent residential
accommodation.
NURSERY, PLANT MATERIALS: Land, building or combination thereof for the
storage, cultivation, transplanting of live trees, shrubs or plants offered for retail sale on
tile premises including products used for gardening or landscaping.
NURSING/CONVALESCENT HOME: Establishments providing care on a twenty four
(24) hour basis for persons requiring regular medical attention, but excluding facilities
providing surgical or emergency medical services. This classification also includes senior
assisted living facilities with provisions for shared kitchen facilities and rooms with
private bathrooms.
OFFICES, BUSINESS AND PROFESSIONAL: Offices of firms or organizations
providing professional, executive, management, or administrative services. This
classification includes medicalldentallaboratories incidental to an office use, but
excludes banks and savings and loan associations.
OPEN SPACE: A common area platted as a separate lot (except for the portion of the
eight foot (8') wide landscape strip located adiacent to and within the public right-of-way
of a local street), provided \\'ithin a reeorded easement, or dedieated to and aeeepted by
the eity. The area shall be substantially open to the sky, exclusive of streets, commercial
and residential buildings afId other eEl'ler~d struetHfes, and shall be designated and
intended as a usable and convenient amenity te-for tile residences of any proposed
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development. ~.vethli'ld areas, drainage ditches, irrigatioFl ditehes, and similar featl:1res
shall Rot Be cElflSidered as a part oftne minimum area of opeFl space reql:1ired.
OPEN SPACE, ACTIVE: Common area which includes, but is not limited to, athletic
fields, building or structures for recreational activities including picnic areas, community
garden, courses or courts, children's play area, dog Dlav area, and pathwavs, excluding
passive open space areas. Landscape buffer areas not required pursuant to ECC 8-2A-7
(1) may be considered, in part, as active open space provided a pathway or other active
amenitv is located within and incorporated into the buffer area. Up to fifteen percent
(15%) of the total area of water bodies (ie. ponds) within a development mav be
considered active open space provided there is a finding that the ponds emplov active
recreation capabilities such as fishing, rafting, canoeing, and the like.
OPEN SPACE, PASSIVE: Common area which includes, but is not limited to,
landscaped buffer areas required pursuant to ECC Section 8-2A-7 (n (including the
sidewalk within the buffer area), natural areas, wetland areas, ornamental gardens,
decorative fountains, and water bodies, excluding active open space areas.
PAD MOUNTED MECHANICALS: All mechanical and electrical equipment mounted
on the ground, including, but not limited to, transformers, compressors, generators, and
other equipment to establish a controlled interior environment. All pad mounted
mechanicals shall be screened from view.
PARAPET OR P ARAPET WALL: That portion of a building wall that rises above the
roof level.
PARK AND RECREATION FACILITIES: Noncommercial parks, playgrounds,
recreation facilities and open spaces.
PARKING LOT, PARKING GARAGE: Parking lots or garages offering short term or
long term parking.
PARKING LOT, PARKING GARAGE, COMMERCIAL: Parking lots or garages
offering short term or long term parking to the public for a fee.
PARKING SPACE, OFF STREET: An off street parking space shall consist of an area
adequate for parking an automobile with room for opening doors on both sides, together
with properly related access to a public street or alley and maneuvering room, but shall be
located totally outside of any street or alley right of way.
PAWNSHOPS: A. General: Establishments licensed by this code and engaged in the
buying or selling of new or secondhand merchandise, including minimal numbers of used
autos, and offering loans secured by personal property.
B. Auto: Exclusive. Auto pawnshops are those businesses dealing exclusively in
offering loans secured by automobiles, trucks, motorcycles, recreational vehicles,
travel trailers and similar vehicles, the storage of which requires one or more large
parking areas. An auto pawn dealer may sell unredeemed pawned vehicles; however,
the auto pawn classification does not include the sale of new vehicles unless auto
pawn business is in conjunction with and on the premises of a new vehicle
dealership.
PERFORMANCE BOND OR SURETY BOND: A financial guarantee by a subdivider or
developer with the city in the amount of the estimated construction cost guaranteeing the
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completion of physical improvements, according to plans and specifications within the
time prescribed by the agreement.
PERSONAL IMPROVEMENT: Provision of instructional services or facilities, including
photography, fine arts, crafts, dance or music studios, driving schools, riding academies,
business and trade schools, and diet centers, reducing salons, and fitness studios.
PERSONAL SERVICES: Any enterprise conducted for gain which primarily offers
services to the general public such as shoe repair, watch repair, barbershops, beauty
parlors and similar activities.
PERSONAL WIRELESS F ACIUTIES: Facilities necessary for the provision of personal
wireless services (i.e., towers, support buildings, etc.).
PERSONAL WIRELESS SERVICES: Commercial wireless telecommunication services
including cellular, personal communication services (PCS), specialized mobilized radio
(SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that
are marketed to the general public.
PLANNED UNIT DEVELOPMENT: ..\n area oflaRd iR '",hick a variety ofresidCRtial,
commercial and iRdustrialases de':eloped uRder siNgle o'.vnership or cORtrol ar-e
accommodated iR a preplar.ned eftviroRilleRt with more fle~(ible standards, SHcn as lot size
and setbacks, than those restrictions that would Rormally apply aRder these regHlatic)f).s.
A development designed to incorporate a varietv of lot sizes and created to accommodate
a wide range of income levels and planned to be developed as a unit under single
ownership or control which may include residential. commercial. or office uses or anv
combination thereof.
PRlV ATE ROAD: A road, street, alley, or bridge that is not laid out or established by the
state ofIdaho or a subdivision of the state or dedicated to the state or a subdivision of the
state and accepted by such entity or used by the public for a period of not less than five
(5) years and worked and kept up by, at the expense of, the public during that period of
time.
PROFESSIONAL ACTIVITIES: The use of offices and related spaces for such
professional services as are provided by medical practitioners, lawyers, architects,
engineers and similar professions.
PUBLIC SERVICE FACILITY: The erection, construction, alteration, operation or
maintenance of buildings, power plants or substations, water treatment plants or pumping
stations, sewage disposal or pumping plants and other similar public services structures
by a public utility, by a railroad whether publicly owned or privately owned, or by a
municipal or other governmental agency, including the furnishing of electrical, gas, rail
transport, communication, public water and sewage services.
PUBLIC USES: Public parks, schools, administrative and cultural buildings and
structures, not including public land or buildings devoted solely to the storage and
maintenance of equipment and materials and public service facilities.
QUASI-PUBLIC USE: Churches, Sunday schools, parochial schools, colleges, hospitals
and other facilities of an educational, religious, charitable, philanthropic or nonprofit
nature.
RESEARCH ACTIVITIES: Research, development and testing related to such fields as
chemical, pharmaceutical, medical, electrical, transportation and engineering.
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RESTAURANT: Any land, building or part thereof, other than a boarding house, where
meals are provided for compensation, including, among others, such uses as cafe,
cafeteria, coffee shop, lunchroom, tearoom, and dining room.
RESTAURANT (Drive In): A restaurant which primarily serves patrons in vehicles
parked outside the principal building. Patrons are served at the vehicle and these facilities
typically have no indoor seating. This use does not include restaurants with drive up
window service.
RESTAURANT (With Drive Through): A restaurant, typically with indoor seating,
which includes drive up window service for ordering food to go.
RETAIL SALES: A. General: The retail sale of merchandise not specifically listed under
another use classification. This classification includes department stores, clothing stores,
video stores, and furniture stores, and businesses retailing the following goods: toys,
hobby materials, handcrafted items, jewelry, cameras, photographic supplies, electronic
equipment, records, sporting goods, kitchen utensils, hardware, appliances, art antiques,
art supplies and services, paint and wallpaper, carpeting and floor coverings, office
supplies, bicycles, and new automotive parts and accessories, (excluding services and
installation).
B. Limited: Excludes furniture, hardware, paint and wallpaper, carpeting and floor
covering, new automotive parts and accessories and similar uses.
C. Pharmacies And Medical: Establishments primarily selling prescription drugs, and
medical supplies and equipment.
RIDING ACADEMIES/STABLES: Establishments offering facilities for instruction in
horseback riding, including rings, stables, and exercise areas, and facilities for the care
and exercise of horses and related equestrian activities.
RIGHT OF WAY: A strip ofland taken or dedicated for use as a public way. In addition
to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and
drainage facilities, and may include special features (required by topography or
treatment) such as grade separation, landscaped area, viaducts and bridges.
ROADSIDE STAND: A temporary structure designed or used for the display or sale of
agricultural and related products, the majority of which have been grown on adjacent
land.
ROOF MOUNTED MECHANICALS: All equipment mounted above the roof plane of a
building, including, but not limited to, heating and air conditioning equipment, antennas,
satellite dishes, and other equipment necessary to establish a controlled interior
environment. All roof mounted mechanicals shall be screened from view.
SCHOOLS, PUBLIC OR PRIVATE: Educational institutions having a curriculum
comparable to that required in the public schools of the state ofIdaho.
SEAT: For purposes of determining the number of off street parking spaces for certain
uses, the number of seats is the number of seating units installed or indicated on each
twenty four (24) lineal inches of benches, pews or space for loose chairs. A row of
benches, pews or loose chairs for every five feet (5') of seating area shall be considered
for determining total possible number of rows.
SETBACK LINE: A line established by this title, generally parallel with and measured
from the lot line (except for front setback), defining the limits of a yard in which no
building or structure may be located aboveground except as may be provided herein.
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SHOPPING CENTER: A group of commercial establishments, planned, developed,
owned and/or managed as a unit related in location, size and type of shops to the trade
area the unit serves. Shopping centers shall provide services for a neighborhood or for the
community. Neighborhood centers will typically be comprised of between thirty
thousand to one hundred thousand (30,000 - 100,000) square feet of gross leasable floor
area and community centers will typically be comprised of between one hundred
thousand to four hundred fifty thousand (100,000 - 450,000) square feet of gross leasable
floor area.
SHOPPING MALL: A regional shopping facility comprised of many separate shops
typically with two (2) or more major anchors (usually full line department stores) with
shops/major anchors accessed mostly by indoor halls/walking areas. Outdoor access may
be provided for open air shopping malls. A shopping mall shall provide services for a
regional area, as well as the community, and will typically be comprised of between four
hundred fifty thousand to eight hundred fifty thousand (450,000 - 850,000) square feet of
gross leasable floor area.
SIDEWALK: The portion of the road right of way outside the roadway which is
improved for the use of pedestrian traffic.
SIGN: A. Any device designed to inform or attract the attention of persons not on the
premises on which the sign is located.
B. Any identification, description, illustration, symbol, statue or device, illuminated
or nonilluminated, which is visible from any public place designed to advertise,
identify or convey information, including any landscaping where letters or numbers
are used for the purpose of directing the public's attention to a product or location,
with the exception of window displays and state or national flags.
1. Illuminated Sign: Any sign illuminated by electricity, gas or other artificial
light including reflecting or phosphorescent light.
2. Lighting Device Sign: Any light, string oflights or group oflights located or
arranged so as to cast illumination on sign.
3. Off Premises Sign: Any sign unrelated to a business or profession conducted,
or to a commodity or service sold or offered, upon the premises where such sign
is located.
4. On Premises Sign: Any sign related to a business or profession conducted, or a
commodity or service sold or offered, upon the premises where such sign is
located.
5. Projecting Sign: Any sign which projects from the exterior of a building.
STOCKYARD, SLAUGHTERHOUSE, MEATPACKING: An establishment maintained
for the use of slaughtering or maintaining stock or preparing or processing of products for
human consumption in order to prepare for sale to outlets.
STORY: That part of a building between the surface ofa floor and the ceiling
immediately above it.
STREET: A right of way which provides vehicular and pedestrian access to adjacent
properties, the dedication of which has been officially accepted. The term "street" also
includes the terms highway, thoroughfare, parkway, road, avenue, boulevard, lane, place
or other such terms.
A. Access Street: A minor street which has the primary purpose of providing access
to abutting properties.
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B. Alley: A minor street providing secondary access at the back or side of a property
otherwise abutting a street.
C. Arterial Street: Provides access from one part of the community to another and
also provides for ilie movement of vehicles through the community.
D. Collector Street: Accommodates circulation within and between neighborhoods.
E. Private Street: A street that is not accepted for public use or maintenance which
provides vehicular and pedestrian access.
STREET FAIR: Provision of games, eating and drinking facilities, live entertainment, or
similar activities not requiring the use of roofed structures for a maximum period of
seven (7) days. This classification includes block parties.
STRUCTURE: Anything constructed or erected, the use of which requires location on the
ground or attachment to something having a fixed location on the ground. Among other
things, structures include buildings, mobile homes, walls, fences and billboards.
TOWER: Any ground or roof mounted pole, spire, similar structure, or combination
thereof, with a "height", as defined by this title, in excess of fifteen feet (15'), including
supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of
mounting an antenna, meteorological device, or similar apparatus above grade.
TRADE FAIRS: Display and sale of goods or equipment related to a specific trade or
industry for a maximum period of seven (7) days.
TRAVEL SERVICES: Establishments providing travel information and travel
reservations to individuals and businesses. This classification excludes car rental
agencies, and reservation services that do not make travel arrangements as a primary
function of ilieir operation.
TRUCK STOP, SERVICE STATION: A filling station or business enterprise using the
premises primarily to sell and supply motor fuel, lubricating oils and greases to on
premises trade including large trucks as well as automobiles, including sale of tires,
batteries, accessories and related services. Major and minor motor vehicle repairs, as well
as special services to operators and drivers of trucks operating on an interstate basis
provided.
USE: The specific purposes for which land or a building is designated, arranged, intended
or for which it is or may be occupied or maintained.
VARIANCE: A modification of the requirements of this title as to lot size, lot coverage,
width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings
or other provisions of this title affecting the size or shape of a structure or the placement
ofilie structure upon lots, or the size oflots. A variance shall not be considered a right or
special privilege, but may be granted to an applicant only upon a showing of undue
hardship because of the characteristics of the site and that the variance is not in conflict
with the public interest.
VETERINARY ANIMAL HOSPITAL OR CLINIC: A place used for the care,
grooming, diagnosis and treatment of sick, ailing, infirm or injured animals, and those
who are in need of medical or surgical attention and may include overnight
accommodations on the premises for the treatment, observation and/or recuperation. It
may also include boarding that is incidental to the primary activity_
VICINITY MAP: A drawing which sets forth by dimensions or other means the
relationship of the proposed developments to other nearby developments or landmarks
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and community facilities and services within the general area in order to better locate and
orient the area in question.
W ALKW A Y: A public way, four feet (4') or more in width, for pedestrian use only,
whether or not along the side of a road.
WALL: A continuous structure designed to enclose an area to be the surrounding exterior
of a building.
WAREHOUSING AND STORAGE: A. Limited: Provision of storage space for
household or commercial goods within an enclosed building without direct public access
to individual storage spaces. This classification includes facilities with a maximum of
five thousand (5,000) square feet of gross floor area, but excludes wholesaling,
distribution and storage, ministorage and vehicle storage.
B. Ministorage: Provision of storage space for household or commercial goods
within an enclosed building with direct public access to individual storage spaces.
May include vehicle storage to a maximum of twenty percent (20%) of the site.
Where greater than twenty percent (20%) of the site is allocated to vehicle storage,
the vehicle storage must be treated as a separate use.
WHOLESALING DISTRIBUTION AND STORAGE: Storage and distribution facilities
without direct public access.
YARD: A required open space, other than a court, unoccupied and unobstructed by any
structure or portion of a structure from three feet (3 ') above the general ground level of
the graded lot upward; provided, accessories, ornaments and furniture may be permitted
in any yard, subject to height limitations and requirements limiting obstruction of
visibility.
A. Front Yard: A yard extending between the side lot lines across the front of a lot
and from the front lot line to the front of the principal building.
B. Interior Side Yard: A yard extending from the principal building to the side lot
line on both sides of the principal building between the lines establishing the front
and rear yards.
C. Rear Yard: A yard extending between side lot lines across the rear of a lot and
from the rear lot line to the rear of the principal building.
D. Street Side Yard: A yard extending from the principal building to the secondary
street that adjoins the lot between the lines establishing the front and rear yards.
ZONING PERMIT: A document issued by the administrator authorizing the uses of land
and structures, and the characteristics of the uses. (Ord. 298,10-14-1997; amd. Ord. 378,
9-18-2001; Ord. 405, 1-23-2002; Ord. 422, 4-23-2002; Ord. 478, 8-11-2004)
8-2-1: DISTRICTS ESTABLISHED, PURPOSES AND RESTRICTIONS:
The following zoning districts are hereby established. For the interpretation of this title
the zoning districts have been formulated to realize the general purposes as set forth in
this title. In addition, the specific purpose of each zoning district shall be as follows:
A AGRICULTURAL DISTRICT: To maximize opportunities for agricultural activities
by preserving land for the purposes of cultivating the soil and raising livestock. Minimum
lot size of twenty (20) contiguous acres, all of which must be under single ownership to
ensure protection of irrigation and surface water drainage systems.
A-R AGRICULTURAL-RESIDENTIAL DISTRICT: To provide for the transition of
agricultural land no longer used for extensive agricultural purposes into residential areas,
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while preserving agricultural uses compatible with residential development. Gross
density shall not exceed one single-family dwelling unit per five (5) acres.
R-E RESIDENTIAL-ESTATES DISTRICT: To provide opportunities for very low
density residential land use compatible with the topography and public service capacities.
Gross density shall not exceed one single-family dwelling unit per two (2) acres. (Ord.
298,10-14-1997)
R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential
neighborhoods. Gross Wensity in an R district shall be determined according to the
numeral following the R. The numeral designates the maximum number of dwelling units
per acre. Multi-family and two-family units/developments are prohibited in R-l, R-2, R-
3, R-4 and R-5 zoning districts. unless approved as part of a planned unit development
(PUD). Centralized water and sewer facilities are required for all subdivision and lot split
applications submitted after the effective date hereof in all districts exceeding one
dwelling unit per two (2) acres (R-E). Whenever there is a conflict or difference between
the provisions of tIlis section and those of other chapters and/or other titles. the chapter or
title with the more restrictive provision shall prevail.
L-O LIMITED OFFICE DISTRICT: To permit the establishment of groupings of
professional, research, executive, administrative, accounting, clerical, stenographic,
limited commercial and similar uses. Development shall not be traffic intensive and
research facilities shall not involve heavy testing operations of any kind. The L-O district
is designed to act as a buffer between other more intense nonresidential uses and high
density residential uses, and is thus a transitional use.
C-A COMMERCIAL-AIRPORT: To permit tile establishment of a commercial airport
which is compatible with property uses in other Eagle area districts.
C-l NEIGHBORHOOD BUSINESS DISTRICT: To permit the establishment of
convenience business uses which tend to meet the daily needs of the residents of an
immediate neighborhood while establishing development standards that prevent adverse
effects on residential uses adjoining a C-l district. Such districts are typically appropriate
for small shopping clusters or integrated shopping centers located within residential
neighborhoods.
C-2 GENERAL BUSINESS DISTRICT: To permit the establishment of areas for
commercial uses allowed in other commercial zones and commercial uses which are
more intensive than those permitted in other commercial zones. Uses that complement
rather than compete with the uses allowed within the CBD zoning district shall be
encouraged.
C-3 HIGHWAY BUSINESS DISTRICT: To permit the establishment of areas for travel
related services such as hotels, motels, service stations, drive in restaurants, offices,
limited warehousing, commercial services and retail sales. This district is specifically
designed in clusters to service the motoring public on major streets. Uses that compete
with the uses allowed within the CBD zoning district shall be discouraged.
CBD CENTRAL BUSINESS DISTRICT: To accommodate and encourage further
expansion and renewal in the historical core business area of the community. A variety of
business, public, quasi-public, cultural, residential and other related uses are encouraged.
The greatest possible concentration of retail sales and business is to occur in this district.
Pedestrian friendly uses and developments are encouraged. (Ord. 298, 10-14-1997)
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M-1 LIGHT INDUSTRIAL DISTRICT: To encourage the development of
manufacturing and wholesale business establishments which shall be free of hazardous or
objectionable elements such as noise, odor, dust, smoke, or glare, are operated entirely
within enclosed structures and generate little industrial traffic. Research activities are
encouraged and limited office and commercial uses may be permitted as ancillary uses.
This district is further designed to act as a transitional use between heavy manufacturing
uses and other less intense businesses.
BP BUSINESS PARK DISTRICT: To encourage the development of technical
park/research and development facilities, offices and office complexes, and limited
manufacturing activities including small scale production, distribution and storage of
goods. Support activities may also be permitted. All development within this district shall
be designed to be within a landscaped setting, and be free of hazardous or objectionable
elements such as noise, odor, dust, smoke or glare. Such development shall be operated
entirely within enclosed structures, and generate minimal industrial traffic. All
development requiring a conditional use permit in the BP zoning district, as shown in
section 8-2-3 of this chapter, shall occur under the PUD and/or development agreement
process in accordance with chapter 6 or 10 of this title unless the proposed development
does not meet the area requirements as set forth in section 8-6-5-1 of this title. In that
case a cooperative development, in conjunction with adjacent parcels (to meet the
minimum area requirements), shall be encouraged. Otherwise a conditional use permit
shall be required unless the proposed use is shown as a permitted use in the BP zoning
district within section 8-2-3 of this chapter.
M-2 HEAVY INDUSTRIAL DISTRICT: To encourage the development of major
manufacturing, processing, warehousing and major research and testing operations.
Limited office and commercial uses may be permitted as ancillary uses. These activities
shall include certain uses excluded from the M -1 district for reasons of health, safety or
general welfare. All development within this land use shall be free of hazardous or
objectionable elements such as noise, odor, dust, smoke, or glare. (Ord. 368, 3-21-2(00)
M-3 EXTRACTIVE INDUSTRIAL DISTRICT: To provide land for the mining,
processing and storage of mineral resources. This district is designed to assure that these
resources be properly managed and all land be reclaimed so as not to create a hazard or
nuisance which either immediately or in the future adversely affects the health, safety or
general welfare of the community.
PS PUBLIC/SEMIPUBLIC: To provide for public/semipublic development such as golf
courses, parks, recreation facilities, greenways, schools, and public service facilities such
as government offices. (Ord. 298, 10-14-1997)
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as
limited office, limited commercial, and residential. This district is intended to ensure
compatibility of new development with existing and future development. It is also
intended to ensure assemblage of properties in a unified plan with coordinated and
harmonious development which shall promote outstanding design without unsightly and
unsafe strip commercial development. Uses should complement the uses allowed within
the CBD zoning district. All development requiring a conditional use permit in the MU
zoning district, as shown in section 8-2-3 of this chapter, shall occur under the PUD
and/or development agreement process in accordance with chapter 6 or 10 of this title
unless the proposed development does not meet the area requirements as set forth in
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section 8-6-5-1 of this title. In that case a cooperative development, in conjunction with
adjacent parcels (to meet the minimum area requirements), shall be encouraged.
Otherwise a conditional use permit shall be required unless the proposed use is shown as
a permitted use in the MU zoning district within section 8-2-3 of this chapter. Residential
gross densities shall not exceed ten (10) dwelling units per gffl&.racre. When a property is
being proposed for rezone to the MU zoning district a development agreement may be
utilized in lieu of the PUD and/or conditional use process if approved by the city council
provided the development agreement includes conditions of development that are
required during the PUD and conditional use process. (Ord. 357, 1-25-2000)
DESIGN REVIEW OVERLAY DISTRICT: To guide the general appearance of building
and improvements to achieve the objectives of the comprehensive plan or other
development plans as adopted by the council. This district is superimposed over all other
districts within the entire city limits.
P PLANNED UNIT DEVELOPMENT: This designation, following any zoning
designation noted on the official zoning map of the city (i.e., R-4-P), indicates that the
development was approved by the city as a planned unit development. Density transfers
may have been permitted as a part of the overall development.
DA DEVELOPMENT AGREEMENT: This designation, following any zoning
designation noted on the official zoning map of the city (i.e., C-2-DA), indicates that the
zoning was approved by the city with a development agreement. Specific provisions, as
may have been incorporated within the development agreement, are applicable to
development within this zoning designation. (Ord. 298, lO-14-1997)
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8-2-4: SCHEDULE OF BUILDING HEIGHT AND LOT AREA
REGULATIONS:
OFFICIAL HEIGHT AND AREA REGULATIONS
Minimum Yard Setbacks
Note conditions (A) to (F)*
Zoning Maximum Interior Street Maximum Minimum Lot Area (Acres Minimum Lot
District Height Front Rear Side Side Lot Covered or Sq. Ft.) (G) & (H)* Width (1)*
A 60' 60' 30' 30' 45' 10% 20-acres 100'
A-R 35' 60' 30' 30' 45' 10% 4.7-acres 100'
R-E 35' 50' 30' 20' 35' 10% I.8-acres 100'
R-l 35' 30' 30' 15' 30' 35% 37,000 100'
R-2 35' 30' 30' 10' 20' 40% 17,000 75'
R-3 35' 30' 25' 7.5' 20' 40% 10,000 75'
R-4 35' 20' 25' 7.5' 20' 40% 8,000 70'
R-5 35' 20' 25' 7.5' 20' 40% 7,000 70'
R-6 to
R-25 35' 20' 25' 7.5' 20' 60% 7,000 50'
L-O 35' 20' 20' 7.5' 20' 60% 2,000 25'
C-I 35: 15' 0' 0' 10' 50% 2,000 25'
C-2 35' 0' 0' 0' 0' 92% 1,300 25'
C-3 35' 0' 0' 0' 0' 92% 1,300 25'
CBD 35' 0' 0' 0' 0' 92% 500 25'
M-l 35' 0' 0' 0' 0' 92% nla 25'
BP 35' 20' 0' 0' 20' 50% nla 25'
M-2 35' 0' 0' 0' 0' 92% nla 25'
M-3 35' 0' 0' 0' 0' 92% nla 25'
*MU 35' 20' 20' 7.5' 20' 50% + 5,000 50'
*See note conditions on following page.
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Note Conditions
A. Setback reductions (to be measured from the foundation to the property line):
1. No portion of the structure may extend more than 2 feet into the side yard
setback;
2. Open structures such as porches, canopies, balconies, platforms, carports,
covered patios and similar architectural projections shall be considered part ofthe
building to which it is attached and shall not project more than 15 feet into the
required rear yard setback;
3. Open porches for residential dwelling units shall not project more than 5 feet
into the required front yard setback;
4. A single-family dwelling unit iliat utilizes a side entry garage shall be permitted
to have a 5 foot reduction in the minimum required front yard setback provided
that the distance is no less than 20 feet. and no less than IS-feet within the MU
zoning district, measured from the foundation of the garage to the property line.
B. Additional 5 feet per story side setback is required for multi-story structures. Height
not to exceed maximum allowed within the zone. 3 stories e)ccept by conditioRal use
permit.
C. All residential buildings in other ilian agricultural or residential districts must meet
residential official height and area regulations.
D. Front yard setback from arterial and collector streets (as identified on the
Transportation and Pathwav Network Plan in the Eagle Comprehensive Plan as
designated OR the ",\Pi\. functioRal street classification map) is 30 feet in all residential
zoning districts.
E. Street side setback on arterial and collector streets (as identified on the Transportation
and Pathwav Network Plan in the Eagle Comprehensive Plan as designated on the AP.^.
funetioRal street elassificatioR map) is 25 feet in all residential zoning districts.
F. In order to stimulate the rehabilitation and revitalization of the existing neighborhoods
where the currently platted residential lots are less in size than the 7,000 square feet per
dwelling unit, applicants desiring to exceed the authorized 40 percent maximum lot
coverage may apply for a conditional use permit.
G: /. decrease ofminimuFR lot size iR a stibdi'lision FRay Be allowed iftaere is an
offsetting increase of the same square footage in opeR spaee and a plar.ned unit
developmeftt is applied for and approved.
G. All front-load garages shall be setback a minimum of 25-feet from the back of
sidewalk.
H. All lots with street side frontage, excluding lots within zoning districts A, A-R, R-E
and R-I, shall have a minimum lot area that is 10 percent larger than shown in this table.
I. Lot width shall be determined as follows: the distance between side lot lines measured
at a point midway between the front and rear lot lines. Minimum lot frontage, the portion
of a lot front adjacent to a public or private street, for all residential zoning districts shall
be 35 feet.
J. Childcare facilities, churches, nursing/convalescent homes (which includes senior
assisted living facilities), schools (public or private), which are proposed within an
agricultural district (A), agricultural-residential district (A-R), and/or residential-estates
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district (R-E) shall be permitted an increase of the maximum lot coverage from 10
percent to 24 percent.
(Ord. 298,10-14-1997; amd. Ord. 361,12-14-1999; Ord. 368, 3-21-2000; Ord. 384, 3-6-
2001; Ord. 404,11-13-2001; Ord. 405,1-23-2002; Ord. 487,10-26-2004)
8-2A-7: LANDSCAPE AND BUFFER AREA REQUIREMENTS:
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.
d. Chainlink fencing, with slats or otherwise, and cedar fencing is prohibited for
screemng.
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--a common lot located between the residential lots within the
subdivision and the right-of-wav line of the adiacent roadwav. clistance from the
otltside wall of the lowest story of any single family attached or detached dwelling
and the right of way lifle of the roadviay. The lowest story mllst be screened from the
'iiew of any street classifiecl as a collector, arterial, freeway, or expressway. This
buffer is required either OR individual lots or as an easement, or as part of the
common area 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
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below, shall be measured from the elevation ofthe final grade of the adjacent
roadway (measured at the centerline) to tile 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 Transportation and
Pathwav Network Plan in the Eagle Comprehensive Plan ,Aida County long range
higkwa-y and street map:
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, 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 decorative block wall, cultured stone,
decorative rock, or similarly designed concrete wall is to be provided in
combination with tile berm, a four foot (4') wide flat area shall be provided for
the placement of tile decorative wall. Chainlink, cedar, and similar high
maintenance and/or unsightly fencing shall not be permitted.
b. Any road designated as a minor arterial on the Transportation and Pathway
Network Plan in the Eagle Comprehensive Plan ,\da CoUflty long range highway
and street 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, 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 (I ') vertical distance. If a decorative block wall, 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 shall be provided for
the placement of the decorative wall. Chainlink, cedar, and similar high
maintenance and/or unsightly fencing shall not be permitted.
c. Any road designated as a principal arterial on the Transportation and Pathway
Network Plan in the Eagle Comprehensive Plan ,Aida County long range highway
ana street map:
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
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may be substituted witll two (2) flowering/ornamental trees, provided that not
more tllan fifty percent (50%) of the shade trees are substituted.
A minimum ten foot (10') high, maximum twelve foot (12') high, berm,
decorative block wall, 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 decorative block wall, 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 shall be provided for
the placement of the decorative wall. 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. Open Ffences, decorative walls, and berms may be used. Height
changes, offset angles, different materials, and other design techniques are
required so as to create variety.
8-6-1: PURPOSE. GOALS. AND OBJECTIVES:
It shall Be the policy to guide a major development of laRa aad construction by
encomaging plar.nea ooit de'ielopment (PUD) to achieve the following:
.^.. .^. maJdmum choice ofli'iing environmeRts BY allowing a variety of housing aad
builaing types,. and permittieg aa increased density per acre and a reduction in lot
dimensioRs, yards, building setBacks and area requirements;
B. .^. more useful pattern of open space and recreation areas and, if permitted as part of
the project, more conyenience in the location of accessory commercial uses,
industriall:lses aRa services;
C. }\ de'ielopment pattern which preserves and l:Itilizes natural topogrliflhy and geologic
featares, scenic vistas, trees and other vegetation and prevents the disruption af
natural drainage patterns;
D. .^. more efficieRt ase of hmd tllan is geRerally achieved through cOlwentional
developmeRt fesl:llting in substaRtial savings through shorter 1:Itilities and streets; and
E. .I\.. development pattern in harmony with laad 1:I3e density, transportation and
cemmllflity facilities objectives of the comprehensive plaR.
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A. Purpose: The Durpose of this chapter is to establish clear development standards that
will achieve the City of Eagle vision for development as presented in the Eagle
Comprehensive Plan. The standards will be designed to create livable communities
that provide exemplary open spaces and recreational opportunities. that encourage a
diversification of housing tvpes, styles and living options for a wide range of income
levels and lifestyles. and thereby enhance the living experience within the City of
Eagle.
B. Goals: To provide guidance and establish expectations for development within the
Citv of Eagle. The PUD provides clear standards and options for development within
the City including lot sizing, open SDace and the diversification of housing types.
C. Obiective: To guide land development and construction through the planned unit
development (PUD) to achieve the following:
.L. A maximum choice ofliving environments by allowing a varietv of housing and
building types. lot dimensions, yards. building setbacks and area requirements;
2. A more useful pattern of open space and recreation areas and. if permitted as part
of the proiect more convenience in the location of accessory commercial uses.
office uses and services;
.1. A develoDment pattern which preserves and utilizes natural topographv and
geologic features. scenic vistas. trees and other vegetation. and prevents the
disruption of natural drainage Datterns;
4. A more efficient use ofland than is generallv achieved through conventional
development resulting in substantial savings through shorter utilities and streets;
and
5. A development pattern in harmony wiili the obiective for land use densitv,
transportation and communitv facilities as presented in the Comprehensive Plan.
8-6-2: EFFECT OF OTHER ZONING PROVISIONS:
A. Whenever there is a conflict or difference between the provisions of this chapter and
those of the oilier chapters oftms title, the provisions oftms chapter shall prevail.
Subjects not covered by this chapter shall be governed by the respective provisions
found elsewhere in this title.
B. In addition to the requirements of this chapter, planned unit developments shall also
be subject to the requirements set forth in chapter 2, article A ofiliis title (design
review overlay district); title 10, chapter 1 of this code (flood control regulations);
and title 9 of this code (land subdivision regulations). (Ord. 98, 8-13-1985)
8-6-3: OWNERSHIP REQUIREMENTS:
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An application for approval of a PUD may be filed by a property owner or a person
having an existing interest in the property to be included in the PUD. The PUD
application shall be filed in the name or names of the recorded owner or owners of
property included in the development. However, the application may be filed by the
holder(s) of an equitable interest in such property.
Before approval is granted to the final development plan, the entire project shall be under
single ownership or controt Documentation showing single ownership or control shall be
and legal title ffil:lst ee presented with the final development plan application. (Ord. 40,
10-1978, rev. 9-1980)
8-6-4: USES PERMITTED:
All uses that may be allowed within the land use district are permitted within a PUD.
Also, up to ten percent (10%) of the gross land area may be directed to other commercial,
office, industrial, public and quasi-public uses that are not allowed within the land use
district; provided, that there is a favorable finding by the council:
A. That the uses are appropriate with the residential uses;
B. That the uses are intended to serve principally the residents of the PUD;
C. That the uses are planned as an integral part of the PUD;
D. That the uses be located and so designed as to provide direct access to a collector or
an arterial street without creating congestion or traffic hazards; and
E. That a minimum of fifty percent (50%) of the residential development occurs prior to
the development of the related commercial or office or iFldustrialland uses. (Ord. 40,
10-1978, rev. 9-1980)
8-6-5: SITE AND STRUCTURE REGULATIONS AND
REQUIREMENTS:
8-6-5-1: MINIMUM AREA:
A PUD for the following principal uses shall contain an area of not less than the
following, however, the Zoning Administrator may permit the submittal of a PUD which
does not meet the minimum area requirements provided the Council finds that unique or
special circumstances exist with regard to the site so as to warrant the exception and that
the PUD will be designed and operated in accordance with the provisions of this Title:
A. Three (3) acres for residential development.
B. Five (5) acres for residential use with subordinate commercial or industrial office
uses.
C. Ten (10) acres for commercial and office use.
D. Ten (0) acres for commercial and office use with subordinate residential uses.
D. Tefl (10) acres for industrial use. (Ord. 40, 10 1978, rev. 9 1980)
8-6-5-2: COMMON AREA OPEN SPACE:
A. Required Common Area Open Space: A minimum ofteH twentv percent (M 20%) of
the gross land area developed in any residential PUD project shall be reserved for
common area open space and recreational facilities for the residents or users of the
area being developed.
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B. A minimum of 15% ofthe Common Area Open Space shall be developed as Active
Open Space, as dermed in Title 9.
C. All Common Area Open Space shall be evaluated for its compliance with the
following:
1. Landscaping: streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway treatment and recreational areas;
2. Siting: visual focal points, use of existing physical features such as topography,
view, sun and wind orientation, circulation pattern, Dhvsical environment.
D. A minimum of 50% of all lots shall be designed to be adiacent to, or at a minimum,
have direct access to common area open space. The term "direct access" means all
building lots are to be located a maximum of 250-feet away from a pathwav
connecting to a common area open space lot. Building lots separated from a common
area open space lot by a local roadway shall be deemed to have achieved direct
access. The required planter strip located between the sidewalk and the street will not
be permitted to fulfill this requirement.
g. Clustering: E'iery property deyeloped under the PUD aflproach sh01:lld be designed to
abut upon common open space or similar areas. .^. clustering of dwellings is
encouraged. (Ord. 40, 10 1978, rev. 91980)
BE. Dedication Of Land For Public Use: A required amount of common open space land
reserved under a PUD shall either be held in corporate ownership by owners of the
project area for the use of each owner who buys property within the development or
be dedicated to the public and retained as common open space for parks, recreation
and related uses. Public utility and similar easements and right of way for
watercourses and other similar channels are not acceptable for common open space
dedication unless such land or right of way is usable as a trail or other similar
purpose and approved by the council.
GE. Maintenance: The responsibility for the maintenance of all open spaces shall be
specified by the developer before approval of the final development plan.
8-6-5-3: UNDERGROUND UTILITIES:
Underground utilities, including telephone and electrical systems, are required within the
limits of all PUDs. Appurtenances to these systems which can be effectively screened
may be exempted from this requirement if the commission council finds that such
exemption will not violate the intent or character of the proposed PUD. (Ord. 40, 10-
1978, rev. 9-1980)
8-6-5-4: INCRKA1SED RESIDENTV1L DENSITY: HOUSING FOR
OLDER PERSONS:
A. To provide f-or an incentive fur fluality PUD, the council may authorize an increased
resideatial deRsity ofup to fifteen percent (15%) of the allowable nlHllber of
dwelling t.mits. Character, identity and architectural and siting variation iRcorporated
in a development shall be considered CaHse for deRsity increases, provided these
facters make I:lfl a substantial contribution to the objectives of the PUD, ....hich arc as
fullows:
1. Landscaping (a maximum iRcrease of 5 rercent), streetscape, open spaces afld
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plazas, use ef eJ(istiRg landscapiFl:g, peaestrianway treatmem and reereatienal areas;
2. Siting (a mcmimmn increase ef 5 pereent), visual f-ocal peims, use ef existing
physieal features such as topegraphy, view, sun and \vind oriematioR, eirel:llatioR
pattern, physical environmem, variation in building setbacks and Bl:Iilding grol:lping
(such as clustering); and
3. Design features (a maxim1:H'R iflerease of 5 percent), street sections, architectocal
styles, harmoRious use of materials, parkiRg areas BrekeR By landscaping features
and yaried \:Ise efho\:lsiRg types.
NOTE: The fifteen percent (15%) ~aeRsity BOR\:IS shall flOt apply to the housing
fer "elaee persefls" portion of a PUD which qualifies for the followiRg density BORUS
proyiaed for within subsection B of this section.
BA. To provide an incentive for communities for "older persons" (55 and over - as
defined by the federal fair housing act of 1999, or any subsequent revision thereof) to
be included within lower density residential PUDs the council may authorize an
increased residential density to allow a maximum of three (3) dwelling units per
gross acre within any zoning designation which limits density to less than three (3)
dwelling units per gross acre specifically and solely for any portion of a PUD
planned for a community for "older persons". Such a density increase shall not be
permitted in an A or A-R zoning designation.
Character, identity, landscaping and architectural/siting variation are to be
incorporated into any community for "older persons". The community may consist of
single-family, two-family or multi-family dwelling units, or a mixture thereof, and
should be clustered and include amenities for "older persons". Zero lot line
development with common open space areas shall be the only type of development
permitted to be considered for such an increase. The zero lot line development shall
allow for minimal front and/or rear yard areas for each residential unit if proposed by
the developer and approved by the city. However, the exterior side walls of all
residential buildings shall abut a common area lot line. The intent of the zero lot line
development is to allow for large areas of open space as opposed to a sea of side yard
and rear yard fences dividing residential lots. For purposes of this section the
minimum lot size referenced elsewhere within this code shall be calculated by
considering the entire community for "older persons" as a whole. Also, the PUD
shall be designed so the community for "older persons" portion of the development
does not abut residential parcels adjacent to the PUD and sufficient buffering be
provided as may be required by the city.
The following site criteria must be met in order to consider approval ofthe density
increase for the community for "older persons":
1. The land area for the community for "older persons" shall not encompass a land
area exceeding sixteen percent (16%) of the total land area within the entire planned
unit development;
2. The totalland area of the entire planned unit development shall be a minimum of
eighty (80) acres;
3. The entire PUD shall be served by either a municipal or community water and
sewer system;
4. Any limitations regarding individuals occupying the community for "older
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persons" must be in accordance with local, state and federal regulations, and must
specifically be in accordance with the federal fair housing act as revised in 1999, or
any subsequent revision thereof. "Older persons" shall be as defined within the
aforementioned act;
5. The community for "older persons" shall be prohibited within any 100-year flood
plain;
6. Open space requirements shall be as follows (where this section and any other
section of this title or title 9 of this code conflict or overlap, this section shall
control):
a. If the residential lots (not including the community for "older persons" portion
of the PUD) meet the minimum lot size requirement or are reduced below the
minimum lot size requirements such that no residential lot is less than one acre in
size the entire PUD shall consist of a minimum of twenty percent (20%) of open
space.
b.lfthe residential lots (not including the community for "older persons" portion
of the PUD) are reduced below the minimum lot size requirement such that any
residential lot is less than one acre in size the entire PUD shall consist of a
minimum of twenty six percent (26%) of open space.
c. Pathways, buffer areas, public park sites, public school sites, and public golf
courses and/or driving ranges proposed within any such PUD shall be included, in
their entirety, with any other open space areas proposed when calculating the
minimum open space required.
d. A minimum of one 5,OOO-square foot clubhouse/indoor recreation facility shall
be provided with the community for "older persons" portion of the PUD.
7. The final plat shall include a note indicating that the portion of land permitted for
the density bonus for "older persons" shall be for "older persons" as defined by the
federal fair housing act as revised in 1999, or any subsequent revision thereof.
8. Enforcement of the provisions of the federal fair housing act of 1999, or any
subsequent revision thereof must be the responsibility of the homeowners'
association and so noted in the CC&Rs. (Ord. 384, 3-6-20(1)
8-6-5-5: ARRANGEMENT OF RESIDENTIAL UNITS:
To encourage land use plans to be submitted as a Planned Unit Development (PUD) so as
to provide an enhanced integration of open space and a variety of housing options. the
following design criteria shall be considered by the Citv:
A. All lots within the PUD shall complv with the minimum lot size in the underlying
zone as established in ECC 8-2-4. except that a decrease in the minimum lot size
may be allowed inhere is an "Offsetting Increase" of the same square footage in
open space and a favorable finding is made by the council that the smaller lots are
appropriately integrated into the overall design and that the building product type
is compatible with the PUD and surrounding area.
As a incentive to submit a PUD versus a standard subdivision. the initial starting
point for minimum open space, prior to anv "Offsetting Increase" being added.
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shall be the area that is equal to ten Dercent 00%) of the site. This allowance shall
only be permitted under the following criteria:
1. The total common area open space shall be equal to or grater than twenty
percent (20%), inclusive of the "Offsetting Increase" square footage.
2. A favorable finding bv the Council must be obtained assuring that character,
identitv and architectural and siting variation are incorporated into
the development and that these factors make UP a substantial contribution to the
obiectives of the PUD. These design elements are as follows:
a. Landscaping, streetscape. open spaces and plazas, use of existing
landscaping. pedestrianwav treatment and recreational areas;
b. Siting, visual focal points. use of existing Dhysical features such as
topographv. view, sun and wind orientation, circulation pattern, phvsical
environment. variation in building setbacks and building grouping (such as
clustering); and
c. Design features, street sections, architectural stvles, harmonious use of
materials. parking areas broken by landscaping features and varied use of housing
~
3. Setbacks for modified lots sizes shall conform with the closest compatible base
zone under ECC 8-2-4.
B. An area equal to the square footage utilized to create lots that are larger than the
minimum lot size may be credited toward the creation of lots which are
proportionallv smaller than the minimum lot size in the underlying zone
established in ECC 8-2-4 provided:
1. There is a favorable finding by the council that the smaller lots are
aPDropriatelv integrated into the overall design and that the building product
type is compatible with the PUD and surrounding area.
2. The number of lots below the minimum lot size do not exceed twentv percent
(20%) of the total number oflots within the development.
C. PUDs located within one-quarter 0/4) mile of an arterial roadway as identified on
the Transportation and Pathwav Network Plan in the Eagle Comprehensive Plan
may be permitted to design and construct up to fifteen percent 05%) of the units
within the development as multi-familv/attached units with the following
specifications:
1. A favorable finding is made by the council that the attached units are
appropriately integrated into the overall design and that the building product type
is compatible with the PUD and surrounding area.
2. A maximum of six (6) units can be attached in a single housing group.
3. All attached units shall be located adiacent to common area open space.
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4. Attached units shall be located within the portion of the development site that
is in closest proximity to the arterial.
5. Design Review approval is required for all attached units.
6. Height. Area. and Setback Regulations for attached units shall be as follows:
Minimum Yard Setbacks
Maximum Street Side Interior Side Minimum Building
Height Front Rear (outside wall) Separation Minimum Lot Area
35' 20' 25' 20' 10' 20' 2,000 sq. ft. per unit
Additional 5-feet per stOry side setback for multi-story structures is reauired.
The street side setback may be reduced to 0' for buildings which are separated from the street by a minimum 25' wide
common area ooen space lot.
The rear setback may be reduced to 12.5' for buildings on lots which are separated from other lots by a minimum 25'
wide common area open space lot.
The rear setback may be reduced to O' for buildings on lots which are separated from other lots by a minimum 50'
wide common area ooen soace lot.
The rear setback may be reduced to 12.5' for buildinus with rear-load lallev\ uaraues.
8-6-5-6: ARRANGEMENT OF COMMERCIAL AND OFFICE USES:
When PUDs include commercial or office uses, eOffiHlereial buildings and establishments
shall be planned as groups having common parking areas and common ingress and egress
points in order to reduce the number of potential accident locations at intersections.
Planting screens or fences shall be provided on the perimeter of the commercial areas
abutting residential areas.
The plan of the project shall provide for the integrated and harmonious design of
buildings, and for adequate and properly arranged facilities for internal traffic circulation,
landscaping and such other features and facilities as may be necessary to make the project
attractive and efficient from the standpoint of the adjoining and surrounding
noncommercial areas.
All areas designed for future expansion or not intended for immediate improvement or
development shall be landscaped or otherwise maintained in a neat and orderly manner.
(Ord.40,10-1978,rev.9-1980)
8 () 5 7: ARRi\NCEMENT OF INDUSTRL\L USES:
PUDs may inchuie imlustrialuses if it can be sHewn tHat tile develepmeHt reslllts iH a mere efficient aHd
desiFable use efland.
;\.. Industrial uses and parcels shall be developed in park like surroundings utilizing
lcm.dseaping and e)cisting woodlands as lmffers to sereen lighting, parking areas,
loading areas or docks and/or outdoor stor~e of raw materials or products. .^.
plar.ned industrial area shall provide for the harmony of buildings and a eompaet
grouping in order tEl eeoFl:offiize in the pro'/ision of SHell utility services as are
re(j,Hired. ThorElHgbfares shall be kept to a H1.iniffil:HR thrElugROI:lt a plar.nea iFl:austrial
area in order tEl reduee thrEll:lgll traffie.
B. PrEljeet side yards off{)rt)' feet (10') and a rear yard of fifty feet (50') shall be
required if the project is loeated adjaeent to any residential uses. .^.ll intervening
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spaces between the right of way line and prEJjeet stRiding line and intervening spaces
between swlElings, driyes, parking areas and improved areas shall be landscaped
with trees and phmtings aHa properly maintained at all times. (On1. 40, 10 197&, rev.
9 19&0)
8-6-6: PROCEDURE FOR APPROVAL OF PLANNED UNIT
DEVELOPMENT:
When the PUD also qualifies as a subdivision, the processing of the conditional use
permit and subdivision application" shall occur at the same time. The granting of a
conditional use permit for a PUD shall require a preapplication, the submission of a
preliminary development plan and approval by the council of a final development plan as
specified within this title. (Ord. 40, 10-1978, rev. 9-1980)
8-6-6-1: PREAPPLICATION MEETING:
The developer shall meet with the administrator prior to the submission of the
preliminary development plan. The purpose of this meeting is to discuss early and
informally the purpose and effect of this chapter and the criteria and standards herein, and
to familiarize the developer with the comprehensive plan, zoning title, subdivision
titleiii33 and such other plans and ordinances as deemed appropriate. The developer may
also meet with the commission or council prior to submitting an application. (Ord. 40,
10-1978, rev. 9-1980)
8-6-6-2: PRELIMINARY DEVELOPMENT PLAN:
A. Application For Preliminary PUD: An application for preliminary PUD shall be filed
with the administrator by a property owner or person having existing interest in the
property for which the PUD is proposed. At a minimum, the application shall contain
the following information filed in triplicate:
1. Name, address and phone number of applicant;
2. Name, address and phone number of registered surveyor, registered engineer
and/or urban planner assisting in the preparation of the preliminary development
plan;
3. Legal description of property;
4. Description of existing use;
5. Zoning districts;
6. A vicinity map at a scale approved by the zoning administrator, showing property
lines, streets, existing and proposed zoning and such other items as the administrator
may require to show the relationship of the PUD to the comprehensive plan and to
existing schools and other community facilities and services;
7. A preliminary development plan, at a scale approved by the zoning administrator,
showing:
a. Topography at two foot (2') intervals;
b. Location and type of residential, commercial and industrial1and uses;
c. Layout, dimensions and names of existing and proposed streets;
d. Rights of way;
e. Utility easements;
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f. Parks and community spaces;
g. Layout and dimensions of lots and building setback lines;
h. Preliminary improvement drawings showing water, sewer, drainage, electricity,
telephone and natural gas and such other characteristics as the administrator
deems necessary.
8. Proposed schedule for the development ofthe site; and
9. Evidence that the applicant has sufficient control over the land in question to
initiate the proposed development plan within one year.
The application for preliminary PUD shall be accompanied by a written statement by
the developer setting forth the reasons why, in his opinion, the PUD would be in the
public interest. (Ord. 40, 10-1978, rev. 9-1980)
B. Public Notice: The same provision for public hearing and legal notification as
required for conditional use permits, section 8-7-8 of this title, shall be followed.
(Ord. 270, 5-29-1996)
C. Approval In Principle Of Preliminary Development Plan:
.L Within thirty (30) days after the public hearing, t The commission shall review the
preliminary development plan to determine if it is consistent with the intent and
purpose of this title; whether the proposed development advances the general welfare
of the community and neighborhood and whether the benefits, combination of
various land uses and the interrelationship with the land uses in the surrounding area
justify the deviation from standard district regulations and its recommendation to the
council. The commission's recommendation in principle of the preliminary
development plan shall be necessary before an applicant may submit a final
development plan. Approval in principle shall not be construed to endorse a precise
location of uses, configuration of parcels or engineering feasibility.
2. The council shall consider all provisions of this chapter including the general
standards applicable to conditional use permits and criteria for conditional uses
before approving in principle a preliminary development plan. The Council mav
upon the finding that unique or special circumstances exist with regard to the
preliminary development plan, consider specific deviations from the requirements of
this chapter provided conditions are placed on the PUD to assure that it will be
designed and operated in accordance with goals and obiectives of this chapter.
8-6-6-3: FINAL DEVELOPMENT PLAN:
A. Application For Approval: Upon approval in principle of a preliminary development
plan, an application for approval of the final development plan shall be filed with the
administrator by at least one property owner or person having a presently existing
interest in the property for which the PUD is proposed. Each application shall be
signed by the owner or lessee applicant, attesting to the truth and exactness of all
information supplied on the application for final development plan. Eaeh applieation
shall dearly state that the approyal shall expire and may be revoked if construction
on the project has not begun within one year from the date of issuance of the
approval. At a minimum, the applicant ieH shall contain provide the following
information:
1. A survey of the proposed development site showing the dimensions and bearings
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of tile property lines, area in acres, topography and existing features of the
development site, including major wooded areas, structures, streets, easements,
utility lines and land uses;
2. All the information required on the preliminary development plan, the location
and sizes of lots, location and proposed density of dwelling units, nonresidential
building intensity and land use considered suitable for adjacent properties;
3. A schedule for the development of units to be constructed in progression and a
description of the design principles for buildings and streetscapes; tabulation of the
number of acres in the proposed project for various uses; the number of housing
units proposed by type; estimated residential population by type of housing;
estimated nonresidential population; anticipated timing for each unit and standards
for height, open space, building density, parking areas, population density and public
improvements proposed for each unit of the development whenever the applicant
proposed an exception from tile standard zoning districts or other ordinances
governing development;
4. Engineering feasibility studies and plans showing, as necessary, water, sewer,
drainage, electricity, telephone and natural gas installations; waste disposal facilities;
street improvements and nature and extent of earth work required for site preparation
and development;
5. Site plan, showing buildings, various functional use areas, circulation and their
relationship;
6. Preliminary building plans, including floor plans and exterior elevations;
7. Landscaping plans; and
8. Deed restrictions, protective covenants and other legal statements or devices to be
used to control the use, development and maintenance of the land, and tile
improvements thereon, including those areas which are to be commonly owned and
maintained.
B. ReeomrneFldatioR By CemrnissioR: Within forty fi';e (15) days after receipt of the
fiFlal development plan, the eommissioFl shall recomrneFld te the cOlilleil that the fiFlal
developffieFlt plan he approved as presented, approved with supplementary
eenditioFls or disapproved. The commission shall then transmit all papers
constituting the reeerd and the recomrneFldations to the council.
The eOffiffiissieFl shall find that the facts submitted with the application and presented
to them establish that:
1. The proposed de';elepffient can be initiated within one year of the date of
approval;
2. Each individual \;\flit of the de';elopmeFlt, as well as the total deyelopffieFlt, eaFl
exist as an iFldepeRdeFlt rmit capable of creating an environment of sustained
desirability and stability or that adeql:late aSSlHance will be provided that such
objective '.'fill he attained and the uses proposed will not be detriffiental to preseFlt
and potential sl:Iffol:lFIdiFl.g 1:15eS, hat will ha'/e a beneficial eff-cct which would not be
aehievea 1:lfl.der standard district regulations;
3. The streets and thorol:lgh.fares proposed are suitable and adequate to carry
anticipated traffie, and increased densities will not generate traffic in such amounts
as to everleaa the street Fletwork ol:ltside the PUD;
1. AFlY proposed eemmereial ae'ielopffieFlt can he jl:lstified at the loeatioFls proposed;
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5. ;\FlY exceptioR from staRaa:rd district reql:1irements is warraFlted by ilie design and
oilier ameaities iBeorporated in the fiRal developmeRt plan, in accordaBee with the
PUD and the ooopted policy of the cOlHlcil;
6. The a:rea sl:HTounding said de'/elopmeRt eaR be planned aRd zORed iR coordination
aRa substantial compatibility with the proposed developmeRt;
7. The PUD is in geReral eOR-f-ormance '.vith the eomprehensi'/e plaR; aRa
8. The existing aRd proposed utility services are aeeqI:Iate f-or the popHlatioR densities
and nonresideRtial uses proposed.
GE. Action By The Council: Within forty five (15) da-ys after receipt of the final
de'/elopmeRt olaR reeommendatioFls of the commission, t The council shall either
approve, approve with supplementary conditions or disapprove the application as
presented. Upon granting or denying the application, the council shall specify:
1. The ordinance and standards used in evaluating the application;
2. The reaSORS for approval or denial; aed- The facts submitted with the application
and presented to them establish that:
a. The proposed development can be initiated within one year of the date of
approval;
b. Each individual phase of the development, as well as the total development, can
exist as an independent phase capable of creating an environment of sustained
desirabilitv and stability or that adequate assurance will be provided that such
obiective will be attained and the uses proposed will not be detrimental to present
and potential surrounding uses. but will have a beneficial effect which would not
be achieved under standard district regulations;
c. The streets and thoroughfares proposed are suitable and adequate to Carry
anticipated traffic. and increased densities will not generate traffic in such
amounts as to overload the street network outside the PUD;
d. Anv proposed commercial development can be justified at the locations
proposed;
e. Any exception from standard district requirements is warranted bv the design
and other amenities incorporated in the final development plan. in accordance
with the PUD and the adopted policv of the council;
f. The area surrounding said development can be planned and zoned in
coordination and substantial compatibility with the proposed development;
g. The PUD is in general conformance with the comprehensive plan; and
h. The existing and proposed utility services are adequate for the population
densities and nonresidential uses proposed;
3. The actions, if any, that the applicant could take to obtain a permit. If.tfle
application is either approved or approved ''lith eElFlditions, the cOlHlcil shall direct
the admiRistrator to issue zoning permits oRly iR aeeoraanee ',vith the appro'lea fiRal
developmeRt plan ana the sMpplementary conditions attached thereto.
4. If the application is either approved or approved with conditions, the council shall
direct the administrator to issue zoning permits only in accordance with the approved
final development plan and the supplementary conditions attached thereto.
D. Expiration And Extension Of Approval Period: The approval of a final development
plan for a PUD shall be for a period not to exceed one year to allow for preparation
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and recording of the required subdivision pla!ft and the development of the project. If
no construction has begun within one year after approval is granted, the approved
final development plan shall be void. An extension of the time limit or modification
of the approved final development plan may be approved if the council finds that
such extension or modification is not in conflict with the public interest. COrd. 40,
lO-1978,rev.9-1980)
9-1-6: RULES AND DEFINITIONS:
Terms or words used herein shall be interpreted as follows:
A. The present tense includes the past or future tense, the singular includes the plural
and the plural includes the singular.
B. The word "shall" is mandatory; the word "may" is permissive; and the word "should"
is preferred.
C. The masculine shall include the feminine.
As used in this title, the following words and terms shall have the meanings ascribed to
them in this section:
ADMINISTRATOR: An official having knowledge in the principles and practices of
subdividing, who is appointed by the city council to administer this title.
ALLEY: A minor street providing secondary access at the back or side of a property
otherwise abutting a street.
ARTERIAL STREET: A street designated for the purpose of carrying fast and/or heavy
traffic.
BLOCK: A group of lots, tracts or parcels within well defined boundaries, usually streets.
BUILDING: A structure designed or used as the living quarters for one or more families,
or a structure designed for use as an accessory to a structure used for living quarters or a
structure designed for commercial or industrial uses.
BUILDING SETBACK LINE: An imaginary line established by a zoning ordinance that
requires all buildings to be set back a certain distance from lot lines.
BUILDING SITE: An area proposed or provided and improved by grading, filling,
excavation or other means for erecting pads for buildings.
CEMETERY: A lot that has been platted for the selling of sites for the burial of animal or
human remains.
CITY: The city of Eagle, Idaho.
CITY COUNCIL: The city council of Eagle, Idaho.
COLLECTOR STREET: A street designated for the purpose of carrying traffic from
minor streets to other collector streets and/or arterial streets.
COMMISSION: The planning and zoning commission of the city.
COMMON AREA OPEN SPACE: Land within a development. not individually owned
or dedicated for public use (except for the portion of the eight foot (8') wide landscape
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strip located adiacent to and within the public right-of-wav of a local street). or for use as
private streets. which is designed and intended for the common use or enioyment of the
residents of the development. It mav include complementary structures and
improvements. See also Open Space. Open Space Active, and Open Space Passive
COMPREHENSIVE PLAN: An adopted document that herein may be referred to as a
comprehensive plan or comprehensive development plan.
CONDOMINIUM: An estate consisting of an undivided interest in common in real
property, in an interest or interests in real property, or in any combination thereof;
together with a separate interest in real property, in an interest or interests in real property
or in any combination thereof.
COUNTY RECORDER: The office of the Ada County recorder.
COVENANT: A written promise or pledge.
CUL-DE-SAC: A street connected to another street at one end only and provided with a
turnaround space at its terminus.
CULVERT: A drain that channels water under a bridge, street, road or driveway.
DEAD END STREET: A street connecting to another street at one end only and not
having provision for vehicular turn around at its terminus.
DEDICATION: The setting apart ofland or interests in land for use by the public by
ordinance, resolution or entry in the official minutes as by the recording of a plat.
Dedicated land becomes public upon the acceptance by the city.
DEVELOPER: Authorized agent(s) of a subdivider or the subdivider himself.
DITCH: An open channel artificially constructed.
DRAINAGE: Water that runs off the surfaces of a site or development. Synonymous with
"runoff' as used herein.
DRAINAGE CHANNEL: A natural channel, ditch, pipe or other conduit for liquid,
naturally or artificially situated to receive storm drainage at an inlet point or multiple inlet
points and then convey such storm drainage to an outlet point.
DRAINAGE FACILITY: An artificially constructed or naturally occurring drainage
channel, or a retention facility, or partial retention facility.
DRAINAGE RECEIVER: A government entity, canal company or special taxing district
which maintains a drainage facility adjacent to the development and agrees, as evidenced
by a signed and dated public document, to accept a defined quantity of storm drainage
from the development. This definition also applies to Ada County highway district, with
regard to any runoff from any development to any street. Notice is particularly given that
the presence of a natural drainage channel does not relieve the developer from the
requirement that any drainage must be retained unless it is formally accepted by a
drainage receiver.
DRAINAGEW A Y: A drainage channel or drainage ditch.
DWELLING UNIT: Any building or other structure proposed or built for occupancy by
people.
EASEMENT: A grant by a property owner to specific persons or to the public to use land
for specific purposes. Also, a right acquired by prescription.
ENGINEER: Any person who is licensed in the state to practice professional engineering.
FLOODPLAIN: The relatively flat area or low land adjoining the channel of a river,
stream, lake or other body of water which has been or may be covered by water of a flood
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of 100-year frequency. The floodplain includes the channel, floodway or floodway fringe,
as established pursuant to engineering practices of the U. S. army corps of engineers, as
follows:
Channel: A natural or artificial watercourse of perceptible extent, with definite bend
and banks to confine and conduct continuously or periodically flowing water.
Flood: The temporary inundation ofland adjacent to and inundated by overflow from
a river, stream, lake or other body of water.
Flood Of 1 00- Year Frequency: A flood magnitude which has a one percent (1 %)
chance of being equaled or exceeded in any given year.
Floodway: The channel of a river or oilier watercourse and the adjacent land areas
that must be reserved in order to discharge ilie base flood without cumulatively
increasing the water surface elevation more than one foot (1 ').
Floodway Fringe: That part ofilie floodplain which is beyond the floodway. Such
areas include iliose portions of the floodplain which will be inundated by a flood of
100-year frequency.
FRONT AGE STREET: A minor street, parallel to and adjacent to an arterial street, to
provide access to abutting properties.
GOVERNING BODY: The city council ofilie city of Eagle, Idaho.
HIGHWAY: A street designated as a highway by an appropriate state or federal agency.
HILLSIDE SUBDIVISION: Any subdivision, or portion thereof, having an average slope
often percent (10%) or more.
IMPROVEMENT: Any alteration to the land or other physical construction associated
with subdivision and building site developments.
LARGE SCALE DEVELOPMENT: A subdivision, the size of which consists of fifty
(50) or more lots or dwelling units.
LOOP: A minor street in which both terminal points are on the same street of origin.
LOT: A parcel, plot, tract or other land area of sl:1itable size as required iF! these
regulatioflS a:ad the existing zoning ordinance"'3; and created by subdi'iision for sale,
transfer or lease.
A parcel. plot. tract, or other land area of sufficient size to meet minimum zoning
requirements for use. coverage and area, and created by subdivision for sale, transfer. or
lease, and to provide such yards and other open spaces as are herein required. Such lot
shall have frontage, as mav be required within this code. on an improved public street. or
on an approved private street, and may consist of:
A. A single lot of record:
B. A portion of a lot of record: and
C. A combination of complete lots of record. or of portions of lots of record.
LOT AREA: The area of any lot shall be determined exclusive of street, highway, alley,
road or rights of way of record.
LOT TYPES: As used in these regulations, lot types are as follows:
A. Corner Lot: A lot located at the intersections of two (2) or more streets.
B. Interior Lot: A lot other than a corner lot with frontage on only one street other
than a corner lot.
C. Through Lot: A lot with frontage on more than one street other than a corner lot.
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MAJOR SUBDIVISION: Any subdivision not able to qualifY as a minor subdivision,
including, but not limited to, subdivision of two (2) or more lots, or any size subdivision
requiring any new street or extension of the local government facilities, or the creation of
any public improvements.
MINOR STREET: A street which has the primary purpose of providing access to
abutting properties.
MINOR SUBDIVISION: Any subdivision containing not more than ten (10) lots fronting
on an existing street; not involving any new street or road, or the extension of municipal
facilities, or the creation of any public improvements; and not adversely affecting the
remainder of the parcel or adjoining property; and not in conflict with any provision or
portion of the comprehensive plan, official map, zoning titlev, or this title.
MOBILE HOME: A detached single-family dwelling unit with all of the following
characteristics:
A. Designed for long term occupancy and containing sleeping accommodations, a
flush toilet, a tub or shower, bath and kitchen facilities with plumbing and electrical
connections provided for attachment to outside systems;
B. Designed to be transported after fabrication on its own wheels, or on flatbed or
other trailers, or detached wheels; and
C. Arrived at the site where it is to be occupied as a dwelling complete, including
major appliances and furniture, and ready for occupancy except for minor and
incidental unpacking and assembly operations, location on foundation supports, a
connection to utilities and the like.
MOBILE HOME SUBDIVISION: A subdivision designed and intended for exclusive
mobile home residential use.
MONUMENT: Any permanent marker either of concrete, galvanized iron pipe or iron or
steel rods, used to identifY any tract, parcel, lot or street lines, as specified in section 50-
1303, Idaho Code.
OPEN SPACE: ,^.. COfRffi0n ai'ea Jllatted as a sepai'ate lot, or an area dedieated to and
accepted by the city, sabstantially open to the sky, e),elusi'ie of streets, buildings and
other eovered stmetures.
A common area platted as a separate lot (except for the portion of the eight foot (8') wide
landscape strip located adiacent to and within the public right-of-wav of a local street)
substantially open to the skv. exclusive of streets. commercial and residential buildings.
and shall be designated and intended as a usable and convenient amenitv for the
residences of any proDosed development.
OPEN SPACE. ACTIVE: Common area which includes, but is not limited to. athletic
fields, building or structures for recreational activities including picnic areas, communitv
garden. courses or courts. children's plav area. dog plav area. and pathways. excluding
passive open space areas. Landscape buffer areas not required pursuant to ECC 8-2A-7
(1) mav be considered. in part. as active open space provided a pathwav or other active
amenity is located within and incorporated into the buffer area. Up to fifteen percent
(15%) of the total area of water bodies (ie. Donds) within a development mav be
considered active ODen space provided there is a finding that the ponds employ active
recreation capabilities such as fishing, rafting, canoeing. and the like.
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OPEN SPACE, PASSIVE: Common area which includes, but is not limited to,
landscaped buffer areas required pursuant to ECC Section 8-2A-7 (J) (including the
sidewalk within the buffer area), natural areas, wetland areas, ornamental gardens,
decorative fountains, and water bodies, excluding active open space areas.
ORIGINAL PARCEL OF LAND: .^.B original1ot or tract as reeorded on aflY plat of
record on file in the office of the county recorder, or aAnv unplatted contiguous parcel of
land held in one ownership as of November 15,1983.
OWNER: An individual, firm, association, syndicate, partnership or corporation having
any interest, legal or equitable, in the land to be subdivided.
PARTIAL RETENTION FACILITY: A constructed basin or underground storage vessel
built to retain a portion of the storm drainage it receives until it is absorbed into the soil
strata, and to allow not more than an amount as designated by agreement with an adjacent
drainage receiver to pass into an adjacent drainageway or drainage facility.
PARTIAL RIGHT OF WAY: A dedicated right of way providing only a portion of the
required street width, usually along the edge of a subdivision or tract of land.
PERFORMANCE BOND: An amount of money or other negotiable security paid by the
subdivider or his surety to the city clerk which guarantees that the subdivider will
perform all actions required by the governing body regarding an approved plat, and
provides that if the subdivider defaults and fails to comply with the provisions of an
approved plat, the subdivider or his surety will pay damages up to the limit of the bond,
or the surety will itself complete the requirements of the approved plat.
PLANNED UNIT DEVELOPMENT: A subdivision designed as a combination of
residential, commercial and indl:lstrial office uses or any combination thereof planned for
a tract of land to be developed as a unit under single ownership or control, which is
developed for the purpose of selling individual10ts or estates, fronting on private or
dedicated streets, which may include two (2) or more principal buildings.
PLAT: The drawing, mapping or planning of a subdivision, cemetery, town site or other
tract of land or a replatting of such including certifications, descriptions and approvals
including the following:
A. Preliminary Plat: The first formal presentation by drawings of a proposed
subdivision; and
B. Final Plat: The final and formal presentation by drawings of an approved
subdivision development, the original and one copy of which is filed with the county
clerk and recorder.
PREDEVELOPMENT RUNOFF: The runoff quantity that would have been produced
during the design storm from the site in its original native soil condition, prior to any
construction of buildings or of modified surfaces.
PRIVATE STREET: A right of way which provides access to adjacent properties under
separate ownership and which is not dedicated to or officially accepted by a public entity,
but not including a driveway as defined in subsection 9-3-2-11 ofthis title.
RESERVE STRIP: A strip ofland between a partial street and adjacent property which is
reserved or held in public ownership for future street extension or widening.
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RETENTION FACILITY: A constructed basin or constructed underground storage
vessel built to retain all of the storm drainage it receives until it is absorbed into the soil
strata.
RIGHT OF WAY: A strip ofland dedicated or reserved for use as a public way which
normally includes streets, sidewalks and other public utilities or service areas.
STANDARD SPECIFICATIONS: The specifications as specified in this title or as
officially adopted by the city.
STATE: The state ofldaho.
STORAGE VESSEL: An earthen basin or tank or vault structure employed to store
liquid. Earthen basins used to store storm drainage may be filled with porous media
(usually gravel) to attain structural stability, in which case the volume of available
storage is taken as the volume of the interstitial voids of the porous media.
STORM DRAINAGE: The water running off the surfaces of a site as a result of
precipitation on the site (including rain, hail meltwater and snow meltwater).
STREET: A right of way which provides access to adjacent properties, the dedication of
which has been officially accepted. The term "street" also includes the terms highway,
thoroughfare, parkway, road, avenue, boulevard, land, place and other such terms.
SUBDIVIDER: The individual, firm, corporation, partnership, association, syndicate,
trust or other legal entity that executes the application and initiates proceedings for the
subdivision of land in accordance with the provisions of this title. The subdivider need
not be the owner of the property; however, he shall be an agent of the owner or have
sufficient proprietary rights in the property to represent the owner.
SUBDIVISION: The result of an act of dividing any lot, tract or parcel of land into two
(2) or more parts for the purpose of transfer of ownership or development, which shall
also include the dedication of a public street and the addition to, or creation of, a
cemetery. Subdivisions shall be divided into "minor subdivisions", "major subdivisions"
and "large scale developments", as those terms are defined in this section. However, this
title shall not apply to any of the following:
A. An adjustment of lot lines as shown on a recorded plat which does not reduce the
area, frontage, width, depth or building setback lines of each building site below the
minimum zoning requirements, and does not increase the original number of lots in
any block ofthe recorded plat;
B. An allocation of land in the settlement of an estate of a decedent or a court decree
for the distribution of property;
C. The unwilling sale of land as a result of legal condemnation as defined and
allowed in the Idaho Code;
D. Widening of existing streets to conform to the comprehensive plan;
E. Acquisition of street rights of way by a public agency in conformance with the
comprehensive plan; and
F. The exchange of land for the purpose of straightening property boundaries which
does not result in the change of present land usage.
SURVEYOR: Any person who is licensed in the state as a public land surveyor to do
professional surveying.
UTILITIES: Installations for conducting water, sewage, gas, electricity, television, storm
water and similar facilities providing service to and used by the public.
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VARIANCE: A modification of the requirements of this title as to lot size, lot coverage,
width, depth, front yard, side yard, rear yard, setbacks, plH'king spaee, height ofbuildiHgs,
or other ordinance provisions affecting the size or shape of a structure or the placement of
the structure upon lots, or the size of lots. A variance shall not be considered a right or
special privilege, but may be granted to an applicant only upon a showing of undue
hardship because of characteristics of the site and the variance is not in conflict with the
public interest.
VICINITY MAP: A small scale map showing the location of a tract of land in relation to
a larger area. (Ord. 88, 11-15-1983; amd. Ord. 91, 6-26-1984; Ord. 106, 7-8-1986; Ord.
242,6-28-1994; Ord. 273, 3-26-1996; Ord. 372, 3-13-2001; Ord. 392,4-24-2001; Ord.
443,11-11-2003; Ord. 468, 4-11-2(04)
9-2-1: APPLICATION FOR SUBDIVISION APPROVAL
GENERALLY:
Any person desiring to create a "subdivision" as herein defined shall submit all necessary
applications to the administrator. (Ord. 88, 11-15-1983)
9-2-2: PREAPPLICATION PROCEDURE:
A. Submission Of Preapplication: The subdivider may shall submit a preapplication to
enable the administrator to review and comment on the proposed subdivision.
B. Sketch Plan: The preapplication shall include at least one copy of a sketch plan. The
sketch plan shall include the entire developmental scheme ofthe proposed
subdivision, in schematic form, and including the following:
1. The general layout and approximate dimension of streets, blocks and lots in sketch
form;
2. The existing conditions and characteristics of the land on and adjacent to the
proposed subdivision site; and
3. The areas set aside for common area open space, schools, parks and/or other
public facilities.
C. Action By Administrator: The administrator shall notify the subdivider within fifteen
(15) days from the date of receipt of an acceptable preapplication as to the general
conformance or nonconformance of the proposal with this title, shall provide the
necessary forms and checklists and shall comment on the following:
1. Compliance offue proposed development with existing local or state
governmental goals and objectives or comprehensive plans.
2. Determination if additional special permits or ordinance conflicts such as rezone,
special development permit or variance, are needed and the manner of coordinating
such permits.
3. Consideration of any unique environmental features or hazardous concerns that
may be directly or indirectly associated with the subject property such as areas that
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have been designated by the state of Idaho as areas of critical environmental concern,
unique plant or animal life, flood plain, airport flight pattern and the like.
4. Consideration of other local and state govemmental agencies that the subdivider
should contact before preparing a preliminary plat. (Ord. 88, 11-15-1983)
9-2-3: PRELIMINARY PLAT:
A. ApDlication Required:
AL Filing Of Preliminary Plat Application And Data: The subdivider shall file with the
administrator a complete subdivision application form and preliminary plat data as
required in this title.
2. Filing of Planned Unit Development ADPlication for Large Scale Subdivisions: The
subdivider shall file with the administrator complete subdivision and planned unit
development applications for all Large Scale subdivisions as required in this title and
in Title 8 Zoning.
B. Combining Preliminary And Final Plat In Minor Subdivisions: The applicant may
request that the subdivision application be processed as both a preliminary and final
plat if all the following exist:
1. The proposed subdivision does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development in
a flood plain, hillside development or the like;
4. All required information for both preliminary and final plat is complete and in an
acceptable form; and
5. The proposed subdivision is not in conflict with the comprehensive plan or any
provision of the zoning title of the city.
A request to combine both preliminary plat and final plat into one application shall
be acted upon by the commission upon recommendation of the zoning administrator.
C. Required Information And Data:
1. The contents of the preliminary plat and related information shall be in such a
form as stipulated by the city council; however, any additional maps or data deemed
necessary by the administrator may also be required.
2. The subdivider shall submit to the administrator at least the following:
a. Six (6) copies of the preliminary plat of the proposed subdivision, drawn in
accordance with the requirements hereinafter stated. Each copy of the preliminary
plat shall be on good quality paper, shall have the dimensions of not less than
twenty four inches by thirty six inches (24" x 36"), shall be drawn to a scale of not
less than one inch to one hundred feet (1" = 1 00'), shall show the drafting date,
and shall indicate thereon, by arrow, the generally northerly direction;
b. Six (6) sets of preliminary engineering plans (not meant to be cross sections or
detailed designs) for streets, water, sewers, sidewalks and other required public
improvements; however, such engineering plans shall contain sufficient
information and detail to make a determination as to conformance of the proposed
improvements to applicable regulations, ordinances and standards;
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c. A written application requesting approval of the preliminary plan; and
d. Appropriate information that sufficiently details the proposed development
within any special development area such as hillside, planned unit development,
flood plain, cemetery, mobile home, large scale development, hazardous and
unique areas of development.
3. The following shall be submitted separately:
a. The name of the proposed subdivision;
b. The name, address and telephone numbers of the subdivider or subdividers and
the engineer or surveyor who prepared the plat;
c. The name and address of all adjoining owners of property and residents within
three hundred feet (300') of the external boundaries of the land being considered,
whether or not bisected by a public right of way as shown on record in the county
assessor's office;
d. The legal description of the subdivision;
e. The statement of the intended use of the proposed subdivision, such as
residential single-family, two-family and multiple housing, commercial, office.
iHdustrial, recreational or agricultural and a designation of any sites proposed for
parks, playgrounds, schools, churches or other public uses;
f. A map of the entire area scheduled for development if the proposed subdivision
is a portion of a larger holding intended for subsequent development. A map shall
be submitted showing the location of existing buildings, water bodies or courses
and the location of currently dedicated streets at the point where they adjoin
and/or are immediately adjacent; provided, that actual measured distances shall
not be required;
g. A vicinity map showing the relationship of the proposed plat to the surrounding
area (1/2-mile radius, scale option);
h. The land use and existing zoning of the proposed subdivision and the adjacent
land;
i. Streets, street names, rights of way and roadway widths, including adjoining
streets or roadways;
j. Lot lines and blocks showing the dimensions and numbers of each;
k. Contour lines, shown at five foot (5') intervals where land slope is greater than
ten percent (10%) and at two foot (2') intervals where land slope is ten percent
(10%) or less, referenced to an established bench mark, including location and
elevation;
I. A site report as required by the appropriate health district where individual
wells or septic tanks are proposed;
m. Any proposed or existing utilities, including, but not limited to, storm and
sanitary sewers, irrigation laterals, ditches, drainages, bridges, culverts, water
mains, fire hydrants and their respective profiles;
n. Any dedications to the public and/or easements, together with a statement of
location, dimensions and purpose of such;
o. Any additional required information for special developments as specified in
chapter 5 of this title; and
p. ,A. statemeffi as to '""hether or Not a vaf'iaFlce, as specified iH sectiON 9 6 3 of this
title, '-'nIl be requested '""ith respect to any provisiON of this title describiRg the
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partie\flar provision, the vari8i1ee req\fested and the reaSOFlS therefor. (Ord. 88, 11
15 1983)
D. Procedure For Approval Of Preliminary Plat:
1. Administrative Review:
a. Certification By Administrator, Public Hearing: Upon receipt of the preliminary
plat and all other required data as provided for herein, the administrator shall
certify the application as complete and shall affix the date of application
acceptance thereon. The administrator shall schedule a public hearing before the
planning and zoning commission, which hearing shall be held within forty five
(45) days of the date of certification of a complete application.
b. Review By Other Agencies: The administrator shall refer the preliminary plat
and application to as many governmental agencies as deemed necessary. Such
agencies may include the following:
(1) Other governing bodies having joint jurisdiction;
(2) The appropriate utility companies, irrigation companies or districts and
drainage districts;
(3) The superintendent of the school district; and
(4) Other agencies having an interest in the proposed subdivision.
c. Recommendation By Administrator: The zoning administrator shall provide
that any transmittal as provided in subsection D 1 b of this section will be returned
within fifteen (15) days. At the end of the fifteen (15) day period, the
administrator shall prepare a recommendation to the commission. All agency
responses shall be supplied by the zoning administrator to the planning and
. . .
zomng commISSIOn.
2. Public Notice: The administrator shall provide notice in accordance with the
requirements of section 8-7-8 of this code.
3. Action By Commission:
a. Commission's Findings: In determining the acceptance of a proposed
subdivision, the commission shall consider the objectives of this title and at least
the following:
(1) The conformance of the subdivision with the comprehensive development
plan;
(2) The availability of public services to accommodate the proposed
development, including compliance with Title 6 Section 50fthis code;
(3) The continuity of the proposed development with the capital improvement
program;
(4) The public financial capability of supporting services for the proposed
development; and
(5) The other health, safety and environmental problems that may be brought
to the commission's attention.
b. Action On Preliminary Plat: The commission may recommend approval,
conditional approval, disapproval or tabling for a period not to exceed thirty five
(35) days. Such action shall occur within thirty five (35) days of the date of the
regular meeting at which the plat is first considered by the commission. The
action, and the reasons for such action shall be stated in writing by the
administrator and forwarded to the applicant. The administrator shall also forward
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a statement of the action taken and the reasons for such action together with a
copy of the preliminary plat to the council for its action. Upon granting or
denying a preliminary plat, the commission shall specify:
(1) The ordinance and standards used in evaluating the application;
(2) The reasons for recommending approval or denial; and
(3) The actions if any, that the applicant could take to obtain approval of the
preliminary plat.
c. Action On Combined Preliminary And Final Plat: If the commission's
conclusion is favorable to the subdivider's request for the subdivision to be
considered as both a preliminary plat and final plat, then a recommendation shall
be forwarded to the city council in the same manner as herein specified for a final
plat. The commission may recommend that the combined application be
approved, approved conditionally or disapproved.
4. Action By Council: Within forty five (45) days after receipt of the commission's
recommendation and following the notice requirements as set forth in section 8-7-8
of this code, the city council shall make findings as required in subsection D3b of
this section. The city council shall approve, approve conditionally or disapprove the
preliminary plat within thirty (30) days of the public hearing conducted to consider
the commission's recommendation. (Ord. 270, 5-29-1996)
E. Approval Period:
1. Failure to file with and obtain the certification of the acceptance of the final plat
application by the administrator within one year after action by the city council shall
cause all approvals of said preliminary plat to be null and void, unless an extension
of time is applied for by the subdivider and granted by the city council.
2. In the event that the development of the preliminary plat is made in successive,
contiguous segments in an orderly and reasonable manner, and conforms such
segments, if submitted within successive intervals for one year, it may be considered
for final approval without resubmission for preliminary plat approval. (Ord. 88, 11-
15-1983)
9-2-4: FINAL PLAT:
A. Filing Of Final Plat: After the approval or conditional approval of the preliminary
plat, the subdivider may cause the total parcel or any part thereof to be surveyed and
a final plat prepared in accordance with the approved preliminary plat. The
subdivider shall submit to the administrator the following:
1. Three (3) copies of the final plat; and
2. Three (3) copies of the final engineering construction drawings for streets, water,
sewers, sidewalks and other public improvements. (Ord. 88, 11-15-1983)
B. Contents: The final plat shall include and be in compliance with all items required
under title 50, chapter 13 of the Idaho Code and shall be prepared in accordance with
the specifications set forth in section 50-1304, Idaho Code. The final plat shall
include at least the following: (Ord. 88, 11-15-1983; amd. 1985 Code)
1. A written application for approval of such final plat as stipulated by the city
council;
2. Proof of current ownership of the real property included in the proposed final plat;
3. Such other information as the administrator or city council may deem necessary to
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establish whether or not all proper parties have signed and/or approved said final
plat;
4. Conformance with the approved preliminary plat and meeting all requirements or
conditions thereof;
5. Conformance with all requirements and provisions of this title;
6. Acceptable engineering practices and local standards; and
7. The plat shall show building sites on each lot adjusted to setback requirements.
C. Procedure For Approval Of Final Plat:
1. Review By Administrator:
a. Acceptance: Upon receipt oftl1e final plat, and compliance witl1 all other
requirements as provided for herein, the administrator shall certify the application
as complete and shall affix the date of acceptance thereon.
b. Resubmission Of Final Plat: The administrator shall review the final plat for
compliance witl1 the approved or conditionally approved preliminary plat. If the
administrator determines that there is substantial difference in the final plat than
that which was approved as a preliminary plat or conditions which have not been
met, the administrator may require that the final plat be submitted to the
commission and city council in the same manner as required in the preliminary
plat process.
c. Submission To The City Council: Upon the determination that the final plat is
in compliance with the preliminary plat and all conditional requirements have
been met, tl1e administrator shall place the final plat on the city council agenda
witl1in forty five (45) days from the date that an acceptable final plat application
was received and acknowledged by the administrator.
2. Agency Review: The administrator may transmit one copy of the final plat, or
other documents submitted, for review and recommendation to the departments and
agencies as he deems necessary to ensure compliance with the preliminary approval
and/or conditions of preliminary approval. Such agency review shall also include the
construction standards of improvements, compliance with health standards, the cost
estimate for all improvements and the legal review of the performance bond.
3. City Council Action: The city council, at its next meeting following receipt of the
administrator's report, shall consider the 6amm.ission's finding and comments from
concerned persons and agencies to arrive at a decision on the final plat. The city
council shall approve, approve conditionally, disapprove or table the final plat for
additional information within thirty (30) days of the date of the first regular meeting
at which the plat is considered. A copy of the approved plat shall be filed with the
administrator. Upon granting or denying the final plat, the city council shall specify:
a. The ordinance and standards used in evaluating the application;
b. The reasons for approval or denial; and
c. The actions, if any, tl1at the applicant could take to obtain a permit.
D. Conditional Approval Of Final Plat: With respect to financial guarantees, the
approval of all final subdivision plats shall be conditioned on the accomplishment of
one of the following:
1. The construction of improvements required by this title shall have been completed
by the subdivider and approved by the city council; or
2. Surety acceptable to the city council shall have been filed in the form of a cash
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deposit, certified check, negotiable bond, irrevocable bank letter of credit or surety
bond.
E. Approval Period: The final plat shall be filed with the county recorder within one
year after written approval by the city council. Otherwise such approval shall
become null and void unless the subdivider, prior to said expiration date, applies for
an extension of time and such extension is granted by the city council.
F. Required Certificates: The following certifications and signatures shall be included
on the final plat prior to recording by the county recorder:
1. Certification and signature of the city council verifying that the subdivision has
been approved;
2. Certification and signature of the city clerk and the city engineer verifying that the
subdivision meets the requirements of the city and has been approved by the city
council; and
3. Certification of the sanitation restriction on the face of the plat in accordance with
the provisions of section 50- 1326, Idaho Code.
G. Record Of Final Plat: Upon approval of the final plat by the city council, the
subdivider's prepayment of recording fees, posting of surety befld.-or other acceptable
guarantee and the inclusion of those certifications and signatures on the final plat as
set forth in subsection F of this section, the subdivider shall furnish proof to the
administrator that the final plat has been recorded. (Ord. 88, 11-15-1983)
9-2-5: FEES:
At the time of submission of an application for a preliminary plat, planned unit
development preliminary development plan, and applicatioB. for a final plat, a fee, as
established in the official fee schedule of the city, shall be paidvi5. There shall be no
additional fee for the combining ofthe preliminary and final plats and there shall be no
fee for a preapplication. (Ord. 88, 11-15- 1983)
9-2-6: RECORD OF LOT, PLAT APPROVAL:
No final plat shall be filed with the county recorder or improvements made on the
property until the plat has been acted upon by the eOHllllissioH and approved by the city
council. (Ord. 88, 11-15-1983)
9-2-7: SALE OF LOT, PLAT TO BE RECORDED:
No lots shall be sold until the plat has been recorded in the office of the county recorder.
(Ord. 88, 11-15-1983)
9-2-8: LOT SPLITS PARCEL DIVISION:
Any time that an original parcel ofland is divided or partitioned into not more than two
(2) lets, parcels, or sites therebv creating an additional parcel for the purpose of transfer
of ownership or development, the following application process and procedures shall be
followed:
A. Application: An application for parcel division lot split on a form provided by the
zoning administrator shall be submitted to the zoning administrator and shall contain,
at a minimum, the following information:
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1. Name, address, telephone number ofthe applicant.
2. Legal description of property and proof of ownership or agency.
3. Description of existing use.
4. Zoning district.
5. Description of parcels lets after proposed division lot split.
6. Description of proposed use.
7. Documentation of the permission of the owner of the parcel to be divided split.
B. Procedure: Prior to approving an application under this section, the city council shall
make the following findings:
1. The minimum requirements under this code for acreage, density, lot area and
setback lines have been complied with;
2. The proposed parcel division lot split is in conformity with the comprehensive
plan; and
3. The proposed parcel division lot split is in the public interest and will not
adversely impact adjoining property interests.
C. Notice: Within ten (10) days after a decision has been rendered, the administrator
shall provide the applicant with written notice of the action on the request. (Ord. 372,
3-13-2001)
9-3-1: MINIMUM STANDARDS REQUIRED:
All plats submitted pursuant to the provisions of this title, and all subdivisions,
improvements and facilities done, constructed or made in accordance with said provisions
shall comply with the minimum design standards set forth in this chapter and with all
applicable requirements set forth in Title 8. Chapter 6 (Planned Unit Developments);
provided, however, that any higher standards adopted by any highway district, the Idaho
transportation department or health agency shall prevail over those set forth herein. (Ord.
88, 11-15-1983)
9-3-2: STREETS AND ALLEYS:
9-3-2-1: LOCATION AND DESIGN:
Street and road location and design shall conform to the following standards:
A. Street Location And Arrangements: When an official street plan or comprehensive
development plan has been adopted, subdivision streets shall conform to such plans.
B. Minor Streets: Minor streets shall be so arranged as to discourage their use by
through traffic.
C. Stub Streets: Where adjoining areas are not subdivided, the arrangement of streets in
new subdivisions shall be such that said streets extend to the boundary line of the
tract to make provisions for the future extension of said streets into adjacent areas,
and shall have a cul-de-sac or temporary cul-de-sac. A reserve street may be required
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and held in public ownership.
D. Relation To Topography: Streets shall be arranged in proper relation to topography
so as to result in usable lots, safe streets and acceptable gradients.
E. Public Alleys: Public alleys shall be provided in multiple dwelling or commercial
subdivisions unless other provisions are made for service access and off street
loading and parking. Dead end public alleys shall be prohibited in all cases.
F. Frontage Roads: Where a subdivision abuts or contains an arterial street, it shall be
required that there be frontage roads approximately parallel to and on each side of
such arterial street; or, such other treatment as is necessary for the adequate
protection of residential properties and to separate through traffic from local traffic.
G. Cul-De-Sac Streets: Cul-de-sac streets shall not be more than fWe seven hundred and
fl.fiy feet (~ 750') in length and shall terminate with an adequate circular
turnaround having a minimum radius of fifty feet (50') of right of way including a
landscape island with a minimum radius often feet (10'). A minimum offortv feet
(40') of pavement shall be provided between the landscape island and the outside
edge of the street as measured from the face of curb of the island to the face of curb
located on the outside edge of the street. One (1) traffic control sign stating that on-
street parking is prohibited within the turnaround shall be installed at the entrance of
the turnaround on the drivers-side of the street. The with the following exceptions~
may be considered bv the Council:
1. Alternative types of turnarounds for cul-de-sacs which will provide access to less
than thirteen (13) dwelling units may be permitted by the city if approved by the fire
department and the highway district having jurisdiction.
2. In zoning districts which prohibit densities greater than one dwelling unit per two
(2) acres, cul-de-sac streets up to a maximum of one thousand five hundred feet
(1,500') in length may be permitted by the city if approved by the fire department
and the highway district having jurisdiction. No more than twenty (20) dwelling
units shall be permitted on said cul-de-sac.
3. In zoning districts which prohibit densities greater than one dwelling unit per five
(5) acres, cul-de-sac streets up to a maximum of two thousand eight hundred feet
(2,800') in length may be permitted by the city if approved by the fire department
and the highway district having jurisdiction. No more than twenty (20) dwelling
units shall be permitted on said cul-de-sac.
H. Half Streets: Half streets shall be prohibited except where unusual circumstances
make such necessary to the reasonable development of a tract in conformance with
this title and where satisfactory assurance for dedication of the remaining part of the
street is provided. Whenever a tract to be subdivided borders on an existing half or
partial street, the other part of the street shall be dedicated within such tract. (Ord.
302, 8-19-1997)
I. Private Streets: Private streets that provide access to no more than 10% of the lots
mav be permitted within planned unit developments provided that the standards
within Section 9-3-2-5 ofthis title are met.
J. Driveways: Driveways providing access to no more than two (2) dwelling units shall
be allowed within any subdivision. (Ord. 302, 8-19-1997)
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9-3-2-2: STREET WIDTHS:
A. Street and road right of way widths, grade, alignment, and so forth, shall conform to
the adopted major street plan or comprehensive plan and shall be approved by the
highway district and/or other agency having jurisdiction.
B. Notwithstanding subsection A ofthis section, access from a frontage road onto an
arterial street shall be limited to one thousand five hundred feet (1,500') between
points. (Ord. 302, 8-19-1997)
9-3-2-3: INTERSECTIONS:
Intersections shall conform to the following standards:
A. Angle Of Intersection: Angles of street and driveway intersections shall be approved
by the highway district having jurisdiction.
B. Sight Triangles: Minimum clear sight distance at all street and driveway intersections
shall be approved by the highway district having jurisdiction.
C. Number Of Streets: No more than two (2) streets shall cross at anyone intersection.
(Ord. 302,8-19-1997)
9-3-2-4: STREET NAMES:
The naming of streets shall conform to the following standards:
A. A street name shall not duplicate any existing street name within the county except
where a new street is a continuation of an existing street. Street names that may be
spelled differently but sound the same as existing street names shall not be used.
B. All new streets shall be named as follows:
1. Streets having a predominately north-south direction shall be named "avenue",
except for section line streets which shall be named "road".
2. Streets having a predominately east-west direction shall be named "street", except
for section line streets which shall be named "road".
3. Meandering streets having a predominately north-south direction shall be named
"way".
4. Meandering streets having a predominately east-west direction shall be named
"drive".
5. Cul-de-sacs having a predominately north-south direction shall be named "place".
6. Cul-de-sacs having a predominately east-west direction shall be named "court".
(Ord. 302, 8-19-1997)
9-3-2-5: PRIVATE STREETS: Private streets may be permitted, in the discretion
ofthe Council, subiect to the following:
From the effecti'/e date hereof, private streets shall not be permitted. It is Hot the iHteHt of
this code to preclude the developmeHt of alternate p1:1blic street designs and right of ':/ay
widths as may be approved by the highway district ha'/ing jurisdietic)fl and the city of
Eagle. (Ord. 143, 11 11 2003)
A. Private streets mav provide access to no more than 10% of the lots within a planned
unit develoDment provided the Council determines that the private streets are in
comDliance with each of the following standards:
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1. Unique or special circumstances exist with respect to the proposed use, design,
location, topographv, or other features of the development or its surroundings
such that private streets will serve to enhance the overall development.
2. The private streets shall provide safe and effective movement of both vehicular
and pedestrian traffic, sidewalks, and parking.
3. The private streets shall provide adequate access for service and emergencv
vehicles.
4. The private streets do not adverselv affect access or good transportation planning
to adiacent propertv and to the area travel networks.
5. The private streets do not land-lock adiacent property due to topographv or parcel
lavout.
6. Other than to provide emergency access, the private streets do not connect one
public street to another, thereby encouraging travel through the development
served bv the private street.
7. The use or alignment of the private streets does not interfere with the continuitv of
public streets.
8. An aDPropriate mechanism has been established for the repair and maintenance of
the Drivate streets, including provisions for the funding thereof.
B. Construction and Design Standards: Private streets shall conform to the following
construction and design requirements:
1. All private street construction shall be in accordance with Ada Countv
Highwav District's structural standards for streets including base course and
asphaltic concrete mat thickness utilizing the appropriate traffic index or as may
be recommended bv the Citv Engineer and approved bv the Citv Council. and
shall further be in accordance with Ada Countv Highway District's intersection
design and drainage requirements, or as mav be recommended bv the City
Engineer and approved bv the Citv Council.
2. Except as may be otherwise set forth in this Section, private streets shall meet
such design and dimensional requirements as the Council may determine are
appropriate considering the proposed use and the site upon which the private
streets are to be placed, however, all private streets shall contain paved travel
lanes a minimum of twelve feet (12') in width (except as noted herein) and shall
otherwise provide for the safe, convenient. and effective movement of both
vehicular and pedestrian traffic. Vertical curbing shall be provided for streets that
are less than thirtv four feet (34') in total width.
3. Sidewalks shall be required in accordance with Section 9-4-1-6 (F) of this title.
4. The design engineer shall identify on the construction drawings for the review
and approval bv the Citv Engineer, all traffic signs needed for the proiect,
including but not limited to designated parking and "no parking" areas, speed,
stop, and such other signs as are required for safe pedestrian and vehicle travel.
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5. All private streets shall. during the progress of construction. be inspected and
tested. at the expense of the owner or developer. bv a qualified inspector in order
to ensure compliance with the construction and design standards set forth in this
Section. the construction drawings as prepared by the registered professional
engineer. and good engineering and construction practices. Reports of such
inspections and tests shall be submitted. togetller with a certification of such
compliance, for the review and approval by the City Engineer.
6. All private streets shall originate in a public right of way and terminate in a
public right ofwav, or at one of the following aPDroved turnaround areas:
a. A cul-de-sac designed in accordance with the provisions of Section 9-
3-2-1 (G) of this title and subiect to the approval of the Eagle Fire District and
City Engineer and provided further tIlat proper maintenance of the island is
provided for:
b. A harlllllerhead/Tee type turnaround or as mav be otherwise approved
by the Eagle Fire District and the City Engineer: or
c. Such other turnaround area as mav be approved by the Eagle Fire
District. City Engineer. and Citv Council.
7. The design of all private streets and related storm drainage facilities shall be
prepared bv a licensed professional engineer in tile State in substantial
conformance with engineering and design standards in effect at tile time of
preparation of the design. Construction drawings. together with a certification of
such conformity. shall be submitted for the review and aPDroval bv the Citv
Engineer. No part of this Section shall be construed as allowing a private street
that is not in conformance with current engineering and design standards.
8. If anv Drovision of this section if found to be in conflict with anv other
applicable provision of this title. the provision which establishes the higher and/or
more restrictive standard shall prevail. unless specifically determined otherwise
bv the Citv Council
C. Access and Maintenance Requirements: Provisions shall be made for the future
maintenance of and access to private streets as follows:
1. A plan and schedule for the future repair and maintenance of the private street
and drainage facilities for the period of the expected lifetime thereof and a cost
estimate therefore Drepared by a licensed professional engineer in the State,
together with a proposed method for funding the same, including but not limited
to the creation and maintenance of a reserve fund for that purpose. shall be
submitted witll the final plat aDPlication for review and approval bv the City
Engineer and Citv Council.
2. The location of tile private street shall be clearlv depicted on the face of tile
plat and notes shall be included on the face of the plat which shall:
a. Act to convev to each lot owner within the subdivision to be served bv
the private street the perpetual right of ingress and egress over the described
private street:
b. Provide tIlat such perpetual easement shall run with the land: and
c. Provide tIlat tile restrictive covenant for maintenance of the private
street cannot be modified and the homeowners'/property owners' association or
other entitv cannot be dissolved without the express consent of the City.
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3. A restrictive covenant for repair and maintenance of the private street shall be
recorded at the time of recording the plat which said covenant shall create a
homeowners'/property owners' association or substantially similar entitv and
make provision for the perpetual maintenance of the private street in accordance
with the approved plan as provided for in subsection C1 hereof. Said restrictive
covenant shall also provide that the said covenant shall run with the land and that
the said covenant cannot be modified and that the homeowners' /property owners'
association or other entity cannot be dissolved without the express consent of the
Citv. The said restrictive covenant shall be reviewed and approved by the City
Attornev prior to certification and signing of the final plat bv the City Engineer.
4. The Council mav. in the reasonable exercise of its discretion. order the owners
or the entitv responsible for the maintenance of any private street approved in
accordance with the provisions of this Section to undertake such repair and
maintenance activities as it mav determine is necessarv to protect the public
health. safety, or welfare and make such expenditures from the funds reserved
therefore as mav be required therebv; and the owner or responsible entitv shall. as
a condition of approval of anv such private street, be deemed to have agreed to
complv with anv such order and to reimburse the City all of its costs, including
attornev fees, incurred in obtaining or enforcing anv such order. Any order
entered by the Council pursuant to this subsection may be enforced bv a court of
competent iurisdiction and the Citv shall be entitled to recover its costs and
attornev fees incurred in connection therewith.
D. All private streets shall in all respects conform to all applicable comDonents of the
comprehensive plan.
9-3-3: PEDESTRIAN WALKWAYS:
Right of way for pedestrian walkways in the middle of long blocks may be required
where necessary to obtain convenient pedestrian circulation to schools, parks or shopping
areas. The pedestrian easement shall be at least ten feet (10') wide. (Ord. 88, 11-15-1983)
9-3-4: BLOCKS:
Every block shall be so designed as to provide two (2) tiers oflots, except where lots
back onto an arterial or collector street, public or private allev, natural feature, or
subdivision boundary. Blocks shall not be less than five hundred feet (500') long in all
easetr.
9-3-5: LOTS:
Lots shall conform to the following standards:
A. Zoning: Lots within any subdivision shall comply in all respects with the official
height and area regulations as set forth in section 8-2-4 of this code. except that lot
sizes that vary from the standards within section 8-2-4 mav be considered as part of
the planned unit development.
B. Future Arrangements: Where parcels of land are subdivided into unusually large lots
(such as when large lots are approved for septic tanks), the parcels shall be divided,
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where feasible, so as to allow for future resubdividing into smaller parcels. Lot
arrangements shall allow for the ultimate extension of adjacent streets through the
middle of wide blocks. Whenever such future subdividing or lot splitting is
contemplated, the plan thereof shall be approved by the city council prior to taking of
such action.
C. Sufficient Area For Septic Tank: Where individual septic tanks have been
authorized, sufficient area shall be provided for a replacement sewage disposal
system. (Ord. 88,11-15-1983)
9-3-6: EASEMENTS:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines
and side lot lines "'iflea deem.ed necessary. Total easement width shall not be less
than twelve feet (12') except that lesser easement widths to coincide with respective
setbacks mav be considered as part of the planned unit development.
B. Unobstructed drainageway easements shall be provided in coni unction with the
utility easement along side lot lines or as required by the city council. Total easement
width, including the utility easement, shall not be less than twelve feet 02'), except
that lesser easement widths to coincide with respective setbacks mav be considered
as part of the planned unit development.
C. All natural drainage courses shall be left undisturbed or be improved in a manner
which will improve the hydraulics and ease of maintenance of the channel. (Ord. 88,
11-15-1983)
9-3-7: PLANTING STRIPS AND RESERVE STRIPS:
Planting strips and reserve strips shall conform to the following standards: (Ord. 88, 11-
15-1983)
A. Planting Strips/Buffer Areas: Planting stripslbuffer areas shall be required to be
placed next to incompatible features such as highways, railroads, commercial or
industrial uses to screen the view from residential properties and to provide noise
mitigation for those residents. Such planting stripslbuffer areas shall be a minimum
of twenty feet (20') wide unless a greater width is required within section 8-2A-7 of
this code. The landscape striplbuffer area shall not be a part of the normal street right
of way and shall comply with alllandscapelbuffer area requirements within section
8-2A-7 of this code. (Ord. 295, 8-26-1997)
B. Reserve Strip:
1. Private Reserve Strips: Privately held reserve strips access to streets shall be
prohibited.
2. Public Reserve Strips: A one foot (1 ') reserve may be required to be placed along
half streets which are within the subdivision boundaries and shall be deemed in fee
simple to the city for future street widening. (Ord. 88, 11-15-1983)
9-3-8: PUBLIC SITES AND OPEN SPACES:
Public sites and open spaces shall conform to the following standards:
A. Public Uses: Where it is determined that a proposed park, playground, school or
other public use as shown on the future acquisition map, as authorized in section 67-
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6517, Idaho Code, is located in whole or in part within a proposed subdivision, the
city council shall notify the appropriate public agency concerning the land proposed
to be acquired. Within thirty (30) days of the date of notice, the public agency may
request the governing body to suspend consideration on the subdivision for sixty (60)
days, the city council shall resume consideration of the subdivision.
B. Natural Features: Existing natural features which add value to residential
development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be preserved in the
design of the subdivision.
C. Special Development: In the case of planned unit developments and large scale
developments, the city council may require sufficient public and/or private park or
open space facilities of acceptable size, location and site characteristics that may be
suitable for the proposed development. (Ord. 88, 11-15-1983)
D. Common Area Open Spaces: The minimum percentage of the gross area that must be
set aside for common area open spaces in new subdivisions shall be as follows:
Zoning District R-2 R-3 R-4 R-5 Re R 25 MU
(with Residential uses)
Open Space ~]8% ~]8% ~]8% ~]8% ~]8%
1. A minimum of 15% of the Common Area Open Space shall be developed as Active
Open Space. as defined in Section 9-1-6 of this title.
2. All Common Area Open Space shall be evaluated for its compliance with the
following:
a. Landscaping: streetscape. open spaces and plazas. use of existing landscaping,
pedestrianwav treatment and recreational areas:
b. Siting: visual focal points. use of existing phvsical features such as topography.
view. sun and wind orientation. circulation pattern. physical environment.
3. A minimum of 30% of all lots shall be designed to be adiacent to, or at a minimum.
have direct access to common area open space. The term "direct access" means all
building lots are to be located a maximum of 250-feet away from a pathway
connecting to a common area open space lot. Building lots separated from a common
area open space lot bv a local roadway shall be deemed to have achieved direct
access. The required planter strip located between the sidewalk and the street will not
be permitted to fulfill this requirement.
4. Ownership and Management of Open Space.
a. Ownership of Open Space: The applicant must identify the owner of the
Open Space who is responsible for maintaining the Open Space and
facilities located thereon. If a Homeowners Association is the owner.
membership in the association shall be mandatory and automatic for all
homeowners of the subdivision and their successors. If a Homeowners
Association is the owner. the Homeowners Association shall have lien
authoritv to ensure the collection of dues from all members. The
responsibility for maintaining the Open Space and any facilities located
thereon shall be borne bv the owner.
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b. Management Plan. Applicant shall submit a Plan for Management of
Open Space and Common Facilities ( Plan) that:
(1 ) allocates responsibility and guidelines for the maintenance and
operation of the Open Space and any facilities located thereon,
including provisions for ongoing maintenance and for long-term
capital improvements:
(2) estimates the costs and staffing requirements needed for
maintenance and operation of. and insurance for, the Open Space
and outlines the means bv which such funding will be obtained or
provided:
(3) provides that any changes to the Plan be approved bv the Citv
Council: and
(4) provides for enforcement of the Plan.
c. In the event the partv responsible for maintenance of the Open
Space fails to maintain all or anv portion in reasonable order and condition.
Citv of Eagle mav assume temporary responsibility for its maintenance
and mav enter the premises and take corrective action. including the
provision of extended maintenance. The costs of such maintenance shall
be charged to the owner. Homeowner s Association. or to the individual
property owners that make up the Homeowner s Association. and may
include administrative costs and penalties. Such costs shall become a lien
on all subdivision properties. The exercise by the City of Eagle of its
right to assume temporary maintenance responsibilitv to take corrective
action shall not relieve the property owner of their maintenance
responsibility nor should it be construed as the City assuming permanent
responsibilitv for such maintenance.
9-3-9: WATER SYSTEM: The provision of a public water system shall conform to
the following standards:
A. All subdivisions within the Eagle City Water Service Area shall comply with Title
6 Section 5 of this code.
9-3-10: FENCES:
Any fencing located adiacent to common area open spaces and on the street side of all
corner lots shall be an open fencing stvle such as wrought iron or other similar
decorative-style, durable fencing material. Specific buffer area fences and decorative
walls mav be allowed as otherwise required in ECC 8-2A-7 (J). Chainlink, cedar. and
similar high maintenance and/or unsightly fencing shall not be permitted within the above
designated areas. A section within the subdivision CC&R's shall be created for the
regulation of fences to this effect.
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9-4-1: IMPROVEMENTS REQUIRED:
Every subdivider shall be required to install the following public and other improvements
in accordance with the following conditions and specifications. (Ord. 88, 11-15-1983)
9-4-1-1: MONUMENTS:
Monuments shall be set in accordance with section 50-1303, Idaho Code. (Ord. 88, 11-
15-1983)
9-4-1-2: STREETS AND ALLEYS:
All public streets and alleys shall be constructed in accordance with the standards and
specifications adopted by the Ada County highway district or the Idaho Transportation
Department, whichever the case may be. (Ord. 88, 11-15-1983)
9-4-1-3: CURBS AND GUTTERS:
A. Generally:
1. Vertical curbs and gutters shall be constructed on collector and arterial streets.
2. Rolled curbs and gutters shall be required on minor streets.
3. All construction shall be in accordance with the standards and specifications
adopted by the Ada County highway district.
B. Driveways, Curb Cuts: All driveway openings and curbs shall be as specified by the
Ada County highway district or the Idaho transportation department. (Ord. 88, 11-
15-1983)
9-4-1-4: STREET SIGNS:
Street name signs shall be installed in the appropriate locations at each street intersection
in accordance with the local standards. A per street sign fee shall be paid by the
subdivider. (Ord. 88,11-15-1983)
9-4-1-5: STREETLIGHTS:
All subdividers within the city limits and within the area of city impact shall be required
to install, at the subdividers' expense, streetlights in accordance with city specifications
and standards at locations designated by the "administrator" (as defined by section 9-1-6
of this title, or his/her representative, hereinafter referred to as "administrator"). After
installation and acceptance by the administrator, the city shall have the right to pay the
cost of maintenance and power and assume ownership of the streetlights. (Ord. 215, 3-10-
1993)
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9-4-1-6: PEDESTRIANIBICYCLE PATHWAY AND SIDEWALK
REGULATIONS:
A. Intent: The placement of pathways is intended to encourage nonmotorized forms of
travel, and to provide safe, convenient and aesthetic alternative travel routes to
common destinations such as schools, parks, shopping centers, etc. The following
factors will be considered in the placement of any pathway: the utility and need for a
given pathway, impacts to existing neighborhoods, compliance with the
transportation/pathway network maps within the comprehensive plan, pathway
design as it relates to both crime prevention and function, and the responsibilities of
ownership, maintenance, and liability.
B. Location:
1. The city shall require the creation and maintenance of pathways, (except in cases
where it is shown to be inappropriate), that provides access to adjacent:
a. Schools;
b. Public parks;
c. Adopted pathway elements within the comprehensive plan and the ridge to
rivers pathway plan;
d. Neighborhoods;
e. Shopping areas;
f. Public lands;
g. Transportation or other community facilities, and vacant parcels, held either
publicly or privately which could provide future neighborhood connection(s) to
the above noted sites; and
h. In similar cases where deemed appropriate.
2. In addition, pathways may be required to connect sites other than those noted
above:
a. When there is evidence that a pedestrian/cyclist would otherwise be forced to
travel alongside a designated arterial roadway, or other roadway that may be
hazardous for nonmotorized forms of travel, in order to reach the desired
destination, or
b. When the pedestrian/cyclist would otherwise have to travel a distance of more
than one-half (1/2) mile alongside a local or collector roadway in order to reach
the desired destination.
C. Existing Neighborhoods: The placement of a path will be based upon consideration
of current residents of a neighborhood as well as future residents. Based upon the
following, the city may choose to provide a pathway in existing neighborhoods
when:
1. The pathway would provide access to a major pathway element such as the Boise
River greenbelt.
2. The pathway would provide access to a nearby school or park.
3. A substantial lack of motorized access exists in the given area.
4. No alternative pathway is provided.
5. Connects to adjacent subdivision pathways.
D. Pathway Design: While the city may exercise considerable discretion in determining
the design of pathways, the following minimum standards should shall be followed:
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1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in
width. Micropathways within subdivisions which are designed for primary use by the
residences of the subdivision shall be a minimum sH. eight feet (6 ~') wide and shall
be located within a sixteen foot (16') wide pedestrian access easement, however. in
an area where low volume pedestrian traffic is anticipated the Council may consider
a reduction in pathwav widili to six feet (6'). Regional pailiways such as the Boise
River greenbelt and pathways located adjacent to major roadways shall be a
minimum ten feet (10') wide and shall be located within a twenty foot (20') wide
pedestrian access easement.
2. Barriers may be placed at the terminal ends of paths to restrict use by motor
vehicles while allowing use by bicycles, wheelchairs and other modes of travel.
3. A five foot (5') wide landscaped area/building and fence setback, as measured
from both edges of the paved path, shall be required, and will be owned by either the
abutting property owner(s) or a homeowners' association unless accepted by a public
entity. The five foot (5') wide landscaped area on either side ofilie pathway may be
decreased to a minimum of two feet (2') wide (as measured from the edge of asphalt
to the easement line) when used in conjunction with a meandering pathway,
however, the total width of the landscape area shall not be less than ten feet (10')
(i.e., 2 feet on one side of the paili and 8 feet on the other). For safety purposes,
planting material in this area is limited to three feet (3') in height. The landscape,
fence and building regulations for this area shall be indicated by a note on the plat.
4. The official design standards for pathways set forth in the following manuals are
to be used as guides: the "Bicycle Pedestrian Design Manual" for Ada County, the
"Design Guide for Accessible Outdoor Recreation", and the "Guide for the
Development of Bicycle Facilities", or other nationally recognized design standards.
5. A root barrier shall be placed on both sides of the pathway to prohibit tree roots
from damaging the pailiway surface. The root barrier shall consist of black injection
molded panels with a minimum of 0.085 inch wall thickness in modules a minimum
oftwenty four inches (24") long by twenty four inches (24") deep. Each panel shall
have no less ilian four (4) vertical deflecting ribs of a minimum 0.085 inch thickness
protruding one-half inch (1/2") at ninety degrees (900) from the interior of the panel,
spaced six inches (6") apart. A minimum of nine (9) antilift tabs, three (3) each
between the vertical ribs, shall be integrated into each panel, measuring a minimum
of 0.085 inch thickness and protruding three-eighths inch (3/8") from the panel wall.
An integrated joining system shall be employed for instant assembly by sliding one
panel into the other. An alternative type barrier system of equal root penetrative
resistance may be considered on a case by case basis, subject to the approval of the
zoning administrator.
6. In order to design for crime prevention the following design standards will be
followed:
a. The use of "see through", open fencing such as wrought iron is preferred, as it
provides better visibility from adjacent homes or buildings. If sSolid fencing is
prohibited. used it ma-y not exeeed fear feet (1 ') iR height.
b. Adequate lighting may be provided as determined by Eagle city council and
may be owned and maintained by the city of Eagle once the path is turned over to
the city for maintenance.
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c. The use of corners and curves in the design ofthe paths is discouraged.
7. Consideration shall be given to off street parking where paths connect to popular
destination points such as the Boise River greenbelt, and nearby streets may become
congested with vehicles parked by pathway users. Where pathway links connect to
major public open space that required vehicular parking, the council may request the
developer to designate land to be purchased and maintained by the appropriate public
auiliority for public parking. Buffering of surrounding residential uses shall be
considered in the area for purchase.
E. Responsibility: The following provisions are intended to provide guidance to those
entities that are responsible for construction, maintenance and/or liability for a
pathway. Installation costs, which may include construction of the paved path, are
the responsibility of the developer.
1. Homeowners' Association:
a. Pailiway systems within a proposed subdivision providing access to private
common space and/or oilier amenities that are used solely by the residents of a
subdivision shall be the responsibility of the homeowners' association.
b. Where the residents of a subdivision will be the primary beneficiaries of a
pathway, and, travel from adjoining neighborhoods will be minimal, a
homeowners' association may be required to take responsibility for that path.
2. City Of Eagle: When location, length and design of a path have been agreed upon
by the city of Eagle and the developer, the city may accept maintenance and liability
for ilie pathways as designated in the comprehensive plan, so long as the pathway is
in good condition and repair. (Ord. 403, 3-20-2002)
F. Sidewalk Design:
1. Sidewalks, a minimum five feet (5') wide, shall be required on boili sides of the
street; except, iliat where the average width of lots, as measured at the street frontage
line or at ilie building setback line, is over one hundred feet (100'), sidewalks on only
one side of the street may be allowed.
2. Sidewalks and crosswalks shall be constructed and maintained in accordance with
the standards and specifications of the Ada County highway district.
3. Sidewalks shall be separated from the edge of the abutting roadway and/or back of
curb by a minimum five foot (5') eight foot (8') wide landscape strip. The landscape
strip shall be completed with sod, automatic irrigation, and planted with three inch
(3 ") minimum caliper shade class trees along all streets within the subdivision.
Installation of landscaping shall be in accordance wiili section 8-2A-7 of this code.
The area within the eight foot (8') wide landscape strip may be counted toward the
minimum required common area open space.
4. Trees shall be placed at the front of each lot generally located on each side lot line.
Minor variations to the location of a tree may be considered by the design review
board during the review of the subdivision landscape plan.
5. If sidewalk is required on one side of each street only (as provided for in
subsection F1 of this section), then ilie trees on the side of the street with no sidewalk
shall be placed within five feet (5') of the edge of roadway.
6. In zoning districts which prohibit densities greater than one dwelling unit per two
(2) acres and at the council's discretion, a four foot (4') wide striped path (with
pedestrian designation markings such as diamonds or pedestrian/bicycle symbols) on
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both edges of all internal roadways may be permitted in lieu of constructing
sidewalks. Trees shall be placed within five feet (5') of the edge of roadway. (Ord.
420, 5-21-2002)
9-4-1-7: BICYCLE PATHWAYS:
A bicycle pathway svstem shall be provided within all subdivisions as part of the public
right of way, wiiliin a common area, or separate easement, as may be specified by the city
council. (Ord. 88,11-15-1983)
9-4-1-8: UNDERGROUND UTILITIES:
Underground utilities are required. (Ord. 88, 11-15-1983)
9-4-1-9: WATER SUPPLY AND SEWER SYSTEMS:
A. Construction; Extension: All public water supply or sewer systems (serving 2 or
more separate premises or households) shall be constructed in accordance with any
adopted local plans and specifications. All new public water supply or sewer systems
shall be an extension of an existing public system whenever possible. In the event
that the proposed public water supply or sewer system is not an extension of an
existing public system, there shall be a showing by the subdivider that the extension
is not feasible and not in the best interest of the public.
B. Approval Of Plans: All water and sewer plans shall be submitted to the Idaho
department of health and welfare or its auiliorized agent for approval in accordance
with the provisions of section 50-1326, Idaho Code. (Ord. 88, 11-15-1983)
C. Pressurized Irrigation Facilities:
1. For aR-Y new subdivision and/or PUD, to be providecl with a public water system
aRd containing mOFe than fo\:H' (4) lots, a All residential dwelling units '.vi thin Sl:1Ii;\'i
subdivision shall be provided with a pressurized irrigation system to be served with
irrigation water unless a waiver, as outlined herein, is approved by the city council.
The city has adopted supplemental standards and regulations (titled "Pressure
Irrigation Standards", incorporated herein by reference and available at Eagle city
hall) pertaining to the design, construction and maintenance of pressurized irrigation
systems. Plans and documents reflecting ilie required standards and regulations shall
be submitted with the application for a preliminary plat.
The following design requirements and the requirements provided within the
supplemental "Pressure Irrigation Standards" shall apply to the pressurized irrigation
system. These standards shall supplement all other regulations, and where at variance
with other laws, regulations, ordinances or resolutions, the more restrictive
requirements shall apply. The council may determine iliat revisions to the
supplemental standards are warranted and make such revisions by act of a resolution.
a. The pressurized irrigation system may have a backup connection to a potable
water system with the approval of the city, city engineer, and the potable water
purveyor, and the installation of a state approved reduced pressure backflow
prevention assembly or an air gap separating ilie irrigation system and the potable
water system. The operation, maintenance, associated costs, and annual inspection
of the backup connection and the backup system's reduced pressure backflow
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prevention assembly shall be the responsibility of the entities as determined in
"Pressure Irrigation Standards" of this section. Individual backup connections to
individual lots by individual lot owners shall be prohibited with the exception of
the common area lots owned and maintained by the homeowners' association.
b. The pressurized irrigation system shall be designed by a licensed professional
engineer registered in the state of Idaho, and the construction plans for the system
shall be reviewed and approved by the city engineer.
2. The requirement for installation of a pressurized irrigation system may be waived
by the city council when the applicant has established that any of the following
situations exist (the sale or transfer of an existing water right shall not be grounds for
requesting a waiver pursuant to this provision):
a. Where a sufficient surface irrigation water right does not exist for the property.
The lack of surface irrigation water right shall be documented in writing by the
appropriate irrigation district or canal company and the department of water
resources and shall be submitted with the subdivision preliminary plat. In this
case a waiver shall only be granted for that portion of the subdivision that cannot
be served.
b. Where an existing surface water right cannot be delivered to the property by an
irrigation district or canal company due to current delivery capacity or scheduling.
In these situations the city council may still require the installation of the pressure
irrigation system, provided water rights can be made available to the property and
delivery system modifications can be made so irrigation water can be supplied
within two (2) years.
c. Where the applicant has provided for another means of delivery such as flood
irrigation, if approved by the city engineer. The applicant shall present the
proposed alternative delivery system to the city engineer at the time the waiver is
requested.
d. That due to the specific circumstances surrounding a new subdivision, the cost
of obtaining water rights, reestablishing water rights or developing the system
would impose an undue economic hardship on the developer. For purposes of this
section an undue economic hardship shall consist of a showing that the cost per
lot to develop the pressurized irrigation system would be twenty five percent
(25%) higher than the cost per lot for providing a pressurized irrigation system to
subdivisions of similar size and density constructed in the city within the previous
two (2) years; or the cost per lot of the pressurized irrigation system would exceed
five percent (5%) of the expected per lot market value of the subdivision.
The developer shall bear the burden of providing documentation, acceptable to the
city engineer and city council, demonstrating and supporting the estimated costs of
construction of the pressurized irrigation system, and the cost per lot for irrigation
systems in those subdivisions built in the last two (2) years as noted above, and the
expected market value of the subdivision lots. For phased developments, costs will
be analyzed over all phases of the development rather than the first phase only.
3. Should installation of a pressurized irrigation system be waived by the city
engineer, as outlined herein, compliance to Idaho Code 31-3805 is still required.
4. Requests for waivers shall be submitted to the city with the preliminary plat
application and shall be accompanied by an irrigation report, prepared by a licensed
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Idaho registered professional engineer, stating the location and availability of surface
irrigation water and documenting the basis for the waiver request. If applicable, the
irrigation report shall be accompanied by a letter from the irrigation district or canal
company stating that water rights and/or a delivery system are not available to the
property. (Ord. 442, 5-13-20(3)
9-4-1-10: STORM DRAINAGE, FLOOD CONTROLSViil:
A. Adequate Storm Drainage System: An adequate storm drainage system to
accommodate storm water runoff from the public rights of way shall be required in
all subdivisions. The requirements for each particular subdivision shall be
established by the Ada County highway district and/or the Idaho transportation
department, and construction shall follow the specifications and procedures
established by said Ada County highway district or Idaho transportation department.
(Ord. 468, 4-11-2004)
B. Interceptor Ditches: Interceptor ditches shall be established above all cut/fill slopes,
and the intercepted water conveyed to a stable channel or natural drainageway with
adequate capacity.
C. Curb, Gutter And Pavement Design: Curb, gutter and pavement design shall be such
that water on roadways is prevented from flowing off the roadway.
D. Natural Drainageway Treatment: Natural drainageways shall be riprapped or
otherwise stabilized below drainage and culvert discharge points for a distance
sufficient to convey the discharge without channel erosion.
E. Runoff From Impervious Cover: Runoff from areas of concentrated impervious
cover (for example, roofs, driveways and roads) shall be collected and transported to
a natural drainageway with sufficient capacity to accept the discharge without undue
erosIOn.
F. Deposit Of Waste Material Prohibited: Waste material from construction, including
soil and other solid materials, shall not be deposited within the 100-year floodplain.
G. Drainageways Or Hydraulic Structures In Major Waterways: Drainageways or
hydraulic structures in major waterways (defined as draining a basin area of 10 acres
or more) shall be designed for the 100-year flood or to accommodate the runoff
projected in the soil conservation service hydrology guide for residential
development of the Boise front, whichever is greater. In minor waterways (defined
as draining a basin area ofless than 10 acres), such structures shall be designed for
the 50-year flood or to accommodate the runoff projected in the soil conservation
service hydrology guide for residential development of the Boise front, whichever is
greater. (Ord. 88, 11-15-1983)
H. Storm Drainage Retention Facilities: On site retention or partial on site retention of
storm drainage from new developments is required in any case where, due to
development activity, such drainage would be increased either in peak flow rate or in
total quantity from that previously discharged from the land or property being
developed. Complete retention is required in all cases except those where: 1) runoff
flows directly, without crossing intervening property, into an existing drain ditch or
other drainage facility that is operated and maintained by a drainage receiver, and 2)
such drainage receiver agrees, as evidenced by valid and binding public document, to
receive a certain definite quantity of storm drainage from the development. Retention
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on site of any drainage not so accepted by a drainage receiver or of any drainage in
excess of the quantity accepted by a drainage receiver is a duty of the current
property owner at any time.
Retention or partial retention facilities shall be provided as an essential part of such
development. Design and construction of such retention facilities shall conform to
standards, entitled "Design Standards For Storm Drainage Retention Facilities",
adopted by resolution of the city council, and which standards may, from time to
time, be amended by subsequent resolution of the council. All facilities shall be
maintained on an on going basis in order to perform as designed. Should any of the
provisions of the supplemental standards conflict with the standards set forth herein,
the higher standard shall apply. (Ord. 468, 4-11-2004)
I. Sediment Catchment Ponds: Sediment catchment ponds shall be constructed and
maintained downstream from each development, unless sediment retention facilities
are otherwise provided. Any facility used shall provide for the removal of surface
debris and contaminants, as well as sediment retention.
J. Completion And Operation Deadline: The overall drainage system shall be
completed and made operational at the earliest possible time during construction.
K. Alterations Of Major Drainageways: Alterations of major drainageways shall be
prohibited except for approved road crossings and drainage structures.
L. Natural Or Improved Open Channel Drainageways: Natural or improved open
channel drainageways shall be preserved or provided for in major waterways; except,
that at road crossings, conduits may be permitted. Minor waterways shall be
permitted to be enclosed in conduits.
M. Reservation Of Right To Require: The city reserves the right to require installation of
hydrologic measuring devices in drainageways within any development at public
expense. (Ord. 88,11-15-1983)
N. Drainage System Plans: Drainage system plans shall show how lots will be graded so
that all runoff runs either over the curb, or to a drainage easement, and that no runoff
shall cross any lot line onto another lot except within a drainage easement. (Ord. 468,
4-11-2004)
9-4-1-11: FIRE HYDRANTS AND WATER MAINS:
Adequate fire protection shall be required in accordance with the appropriate fire district
standards. (Ord. 88, 11-15-1983)
9-4-1-12: LANDSCAPE BUFFER AREAS:
Landscape buffer areas, in accordance with section 8-2A-7 of this code shall be required
for the protection of residential properties from streets classified as collectors, arterials,
freeways/expressways, waterways, railroad rights of way or other features. Subdivision
plats shall show the location of all buffer areas. (Ord. 420, 5-21-2(02)
9-4-2: CONSTRUCTION OF IMPROVEMENTS:
Required improvements. (Ord. 88, 11-15-1983)
9-4-2-1: CONSTRUCTION PLANS:
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It shall be the responsibility of the subdivider of every proposed subdivision to have
prepared by a registered engineer, a complete set of construction plans, including
profiles, cross section, specifications and other supporting data, for all required public
streets, utilities and other facilities. Such construction plans shall be based on preliminary
plans which have been approved witll the preliminary plat, and shall be prepared in
conjunction witll the final plat. Construction plans are subject to approval by the
responsible public agencies and all construction plans shall be prepared in accordance
with the public agencies' standards or specifications. (Ord. 88, 11-15-1983)
9-4-2-2: GUARANTEE OF IMPROVEMENTS:
In lieu of the actual installation of the public improvements required by tIlis title prior to
the city clerk signing the final plat, the city council may permit the subdivider to provide
a surety/financial guarantee of performance in one or a combination of the following
arrangements for tIlose requirements which are over and beyond the requirements of any
other agency responsible for the administration, operation and maintenance of the
applicable public improvement:
A. Cash Deposit, Certified Check, Certificate Of Deposit, Or Irrevocable Bank Letter
Of Credit: A cash deposit, certified check, certificate of deposit, or an irrevocable
bank letter of credit (issued by a local bank in tile Eagle/Boise area), in the amount
equal to one hundred fifty percent (150%) of the estimated construction costs of
public improvements shall be provided by the owner/developer and held by the city
until said construction is complete. Construction cost estimates shall be reviewed and
approved by tile 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.
In the case of cash deposits or certified checks, an agreement between the city
council and the subdivider may provide for progressive payment out of the cash
deposit or reduction of tile certified check, to the extent of the cost of the completed
portion ofthe public improvement, in accordance with a previously entered into
agreement.
B. Completion Time: All public improvements shall be completed within one year from
the date of acceptance of the surety/financial guarantee of performance by the city.
The zoning administrator may authorize a delay in the completion of public
improvements during the months of November, December, January, February, and
March due to weatller conditions, if at a minimum, the surety is extended.
Notwithstanding the forgoing, no final occupancy permit will be issued for any
residence or business, whichever is applicable, until the sidewalk, sod, automatic
irrigation, and street trees required in section 9-4-1-6 of this chapter have been
installed along the frontage of tile lot that said residence/business is located upon.
(Ord. 420, 5-21-2002)
9-4-2-3: INSPECTIONS:
Before approving a final plat and construction plans and specifications for public
improvements, an agreement between the subdivider and the city council shall be made to
provide for checking or inspecting the construction and its conformity to the submitted
plans. (Ord. 88,11-15-1983)
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9-4-2-4: FAILURE TO COMPLETE PUBLIC IMPROVEMENT
CONSTRUCTION:
In the event the subdivider shall, in any case, fail to complete such work within the period
oftime as required by the conditions of the guarantee for the completion of public
improvements, it shall be the responsibility ofthe city council to proceed to have such
work completed. In order to accomplish this, the city council shall reimburse itself for the
cost and expense thereof by appropriate ffig the cash deposit, certified check, or
irrevocable bank letter of credit, or negotiable bond whieh the subdivider m.a-y have
deposited in lieu of a surety bond, or may take such steps as may be necessary to require
performance by the bending or surety company, and as may included in a written
agreement between the city council and the subdivider. (Ord. 88, 11-15-1983)
9-5-1: PURPOSE AND SUMMARY OF PROVISIONS:
The purpose of this chapter is to identify various types of developments that normally
pose special concerns to the elected officials when reviewing and acting upon subdivision
requests. This chapter outlines the plan submittal requirements and design standards that
shall be taken into consideration when acting on special developments. (Ord. 88, 11-15-
1983 )
9-5-2: SUPPLEMENTARY PROVISIONS:
The provisions of this chapter are in addition to the plan requirements, design standards
and improvement standards that are required by chapters 2, 3, and 4 of this title. (Ord. 88,
11-15-1983)
9-5-3: HILLSIDE SUBDIVISIONS:
9-5-3-1: PRESERVATION OF NATURAL FEATURES:
In order to preserve, retain, enhance and promote the existing and future appearance,
natural topographic features, qualities and resources of hillsides, special consideration
shall be given to the following:
A. Skyline and ridge tops;
B. Rolling grassy land forms, including knolls, ridges and meadows;
C. Tree and shrub masses, grass, wild flowers and topsoil;
D. Rock outcroppings;
E. Stream beds, draws and drainage swales, especially where tree and plant formations
occur; and
F. Characteristic vistas and scenic panoramas. (Ord. 88, 11-15-1983)
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9-5-3-2: DEVELOPMENT EVALUATION:
A. All development proposals shall take into account and shall be judged by the way in
which land use planning, soil mechanics, engineering geology, hydrology, civil
engineering, environmental and civil design, architectural and landscape design are
applied in hillside areas, including, but not limited to:
1. Planning on development to fit the topography, soils, geology, hydrology and
other conditions existing on the proposed site;
2. Orientation of development on the site so that grading and other site preparation is
kept to an absolute minimum;
3. Shaping of essential grading to blend with natural land forms and to minimize the
necessity of padding and/or terracing of building sites;
4. Division oflarge tracts into smaller workable units on which construction can be
completed within one construction season so that large areas are not left bare and
exposed during the winter-spring runoff period;
5. Completion of paving as rapidly as possible after grading;
6. Allocation of areas not well suited for development because of soil, geology or
hydrology limitations for open space and recreation uses;
7. Minimizing and disruption of existing plant and animal1ife; and
8. Consideration of the view from and of the hills.
B. Areas having soil, geology or hydrology hazards shall not be developed unless it is
shown tIlat:
1. Their limitations can be overcome;
2. That hazard to life or property will not exist;
3. That the safety, use or stability of a public way or drainage channel is not
jeopardized; and
4. That the natural environment is not subjected to undue impact. (Ord. 88, 11-15-
1983)
9-5-3-3: ENGINEERING PLANS:
The developer shall retain a professional engineer(s) to obtain the following information:
A. Soils Report: For any proposed hillside development a soils engineering report shall
be submitted with the preliminary plat. This report shall include data regarding the
nature, distribution and strength of existing soils, conclusions and recommendations
for grading procedures, design criteria for corrective measures and opinions and
recommendations covering the adequacy of sites to be developed.
B. Geology Report: For any proposed hillside development a geology report shall be
submitted with the preliminary plat. This report shall include an adequate description
of site geology and an evaluation of the relationship between the proposed
development and tile underlying geology and recommendations for remedial
remedies.
The investigation and subsequent report shall be completed by a professional
geologist registered in the state of Idaho.
C. Hydrology Report: For any proposed hillside development a hydrology report shall
be submitted with the preliminary plat. This report shall include an adequate
description of the hydrology, conclusions and recommendations regarding the effect
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of hydrologic conditions on the proposed development, and opinions and
recommendations covering the adequacy of sites to be developed. (Ord. 88, 11-15-
1983 )
9-5-3-4: GRADING PLANS:
A. Preliminary Grading Plan: A preliminary grading plan shall be submitted with each
hillside preliminary plat proposal and shall include the following information:
1. Approximate limiting dimensions, evaluations or finish contours to be achieved by
the grading, including all cut and fill slopes, proposed drainage channels and related
construction;
2. Preliminary plans and approximate locations of all surface and subsurface
drainage devices, walls, dams, sediment basins, storage reservoirs and other
protective devices to be constructed; and
3. A description of methods to be employed in disposing of soil and other material
that is removed from tile grading site, including the location of the disposal site.
B. Final Grading Plan: A final grading plan shall be submitted with each final plat and
shall include the following information:
1. Limiting dimensions, evaluations or finish contours to be achieved by the grading
including all proposed cut and fill slopes and proposed drainage channels and related
construction;
2. Detailed plans and locations of all surface and subsurface drainage devices, walls,
dams, sediment basins, storage reservoirs and other protective devices to be
constructed; and
3. A schedule showing when each stage of the project will be completed, including
the total area of soil surface which is to be disturbed during each stage together with
estimated starting and completion dates. In no event shall tile existing natural
vegetative ground cover be destroyed, removed or disturbed more than fifteen (15)
days prior to grading. (Ord. 88, 11-15-1983)
9-5-3-5: DEVELOPMENT STANDARDS:
A. Soils:
1. Fill areas shall be prepared by removing organic material such as vegetation and
rubbish, and any other material which is determined by the soils engineer to be
detrimental to proper compaction or otherwise not conducive to stability. No rock or
similar irreducible material with a maximum dimension greater than eight inches
(8") shall be used as fill material in fills that are intended to provide structural
strength.
2. Fills shall be compacted to at least ninety five percent (95%) of maximum density,
as determined by AASHOT99 and ASTM D698.
3. Cut slopes shall be no steeper tIlan two (2) horizontal to one vertical. Subsurface
drainage shall be provided as necessary for stability.
4. Fill slopes shall be no steeper than two (2) horizontal to one vertical and shall not
be located on natural slopes two to one (2:1) or steeper, or where fill slopes toes out
within twelve feet (12') horizontally of tile top of an existing or planned cut slope.
5. Tops and toes of cut and fill slopes shall be set back from property boundaries a
distance ofthree feet (3') plus one-fifth (1/5) ofthe height of the cut or fill but need
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not exceed a horizontal distance of ten feet (10'). Tops and toes of cut and fill slopes
shall be set back from structures a distance of six feet (6') plus one-fifth (115) the
height of the cut or fill, but need not exceed ten feet (10').
6. The maximum horizontal distance of disturbed soil surfaces shall not exceed
seventy five feet (75').
B. Roadways:
1. Road alignments should follow natural terrain and no unnecessary cuts or fills
shall be allowed in order to create additional lots or building sites.
2. One-way streets shall be permitted and encouraged where appropriate for the
terrain and where public safety would not be jeopardized. Maximum width shall be
seventeen feet (17') between the backs and curbs.
3. The width of tile graded section shall extend three feet (3') beyond the curb back
or edge of pavement on both tile cut and fill sides of tile roadway. If sidewalk is to be
installed parallel to the roadway, the graded section shall be increased by the width
of the sidewalk plus one foot (1') beyond the curb back.
4. Standard six inch (6") vertical curb and gutter shall be installed along both sides of
all paved roadways.
C. Driveways And Parkings: Combinations of collective private driveways, cluster
parking areas and on street parallel parking bays shall be used to attempt to optimize
the objectives of minimum soil disturbance, minimum impervious cover, excellence
of design and aesthetic sensitivity. (Ord. 88, 11-15-1983)
9-5-3-6: VEGETATION AND REVEGETATION:
A. The developer shall submit a slope stabilization and revegetation plan which shall
include a complete description of the existing vegetation, the vegetation to be
removed and tile method of disposal, the vegetation to be planted and slope
stabilization measures to be installed. The plan shall include an analysis of the
environmental effects of such operations, including the effects on slope stability, soil
erosion, water quality and fish and wildlife.
B. Vegetation sufficient to stabilize tile soil shall be established on all disturbed areas as
each stage of grading is completed. Areas not contained within lot boundaries shall
be protected with perennial vegetal cover after all construction is completed. Efforts
shall be made to plant those species that tend to recover from fire damage and do not
contribute to a rapid rate of fire spread.
C. The developer shall be fully responsible for any destruction of native vegetation
proposed for retention. He shall carry the responsibility both for his own employees
and for all subcontractors from the first day of construction until the notice of
completion is filed. The developer shall be responsible for replacing such destroyed
vegetation. (Ord. 88, 11-15-1983)
9-5-3-7: MAINTENANCE REQUIRED:
The owner of any private property on which grading or other work has been performed
pursuant to a grading plan approved or a building permit granted under the provisions of
this title shall continuously maintain and repair all graded surfaces and erosion prevention
devices, retaining walls, drainage structures or means, and other protective devices,
plantings and ground cover installed or completed. (Ord. 88, 11-15-1983)
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9-5-3-8: UNDERGROUND UTILITIES:
All new service utilities shall be placed underground. (Ord. 88, 11-15-1983)
9-5-4: PLANNED UNIT DEVELOPMENT }...NI} CONDOMINIUM:
SUBDIVISIONS:
A Planned Unit Development is a mechanism bv which the Citv mav permit a varietv in
type, design, and arrangement of structures; and enable the coordination of proiect
characteristics with features of a particular site in a manner consistent with the public
health, safetv and welfare. A Planned Unit Development allows for innovations and
special features in site development including the location of structures, conservation of
natural land features, conservation of energv and efficient utilization of open space.
Large Scale Developments as defined herein shall be submitted as planned unit
developments.
9-5-4-1: APPLICATION OF PROVISIONS:
In addition to the requirements of this chapter, planned unit and eORaomiRium
developments shall also be subject to requirements set forth in title 8 (zoning), title 10
(flood control), and title 8, chapter 2, article A (DR design review overlay district) of this
code. (Ord. 99, 8-13-1985)
9-5-4-2: SITE DEVELOPMENT PLAN:
The developer shall provide a colored rendering to adequate scale to show the completed
development that will include at least the following:
A. Architectural style and building design;
B. Building materials and color;
C. Landscaping, including existing trees;
D. Screening;
E. Garbage areas;
F. Parking; aBd
G. Open space;-;-and
H. Open fencing.
9-5-4-3: SITE AND STRUCTURE REQUIREMENTS:
A. Minimum Area: A planned unit development shall contain an area as specified in
title 8 (zoning) of this code. (Ord. 99,8-13-1985)
B. Private Streets: Private streets mav be permitted pursuant to the provisions of Section
9-3-2-5 of this Title.
C. Storage Areas: Storage areas shall may be provided for the anticipated needs of
boats, campers and trailers. For typical residential development, one adequate space
shall should be provided for every two (2) living units. This may be reduced by the
city council ifthere is a showing that the needs of a particular development are less.
In lieu of providing an on-site storage area, the subdivider shall include provisions
within the subdivision CC&R's that prohibit the outdoor storage of boats, campers,
recreational vehicles, and trailers and otherwise direct that all such items are to be
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stored off-site.
D. Parking Spaces: One additional parking space beyond that which is required by title
8 (zoning) of this code may be required for every three (3) dwelling units to
accommodate visitor parking.
E. Maintenance Building: A maintenance building shall be provided of such size and in
such location as is suitable for the service needs that are necessary for the repair and
maintenance of all common areas. In lieu of providing an on-site maintenance
building, the subdivider shall include provisions within the subdivision CC&R's that
require all subdivision common area open space maintenance to be completed
though the use of an landscape maintenance firm with facilities located outside the
boundaries of the subdivision.
F. Open Space: The location of open space shall be appropriate to the development and
shall be of such shape and area to be usable and convenient to the residents of the
development. (Ord. 88,11-15-1983)
9-5-4-4: CONTROL DURING DEVELOPMENT, TIME LIMIT:
Single ownership or control during development shall be required and a time limit may
be imposed to guarantee the development is built and constructed as planned. (Ord. 88,
11-15-1983)
9-5-5: LARGE SCALE DEVELOPMENT SUBDIVISIONS,
REQUIRED INFORMATION:
Large Scale Development Subdivisions proposed within the R-2, R-3, R-4, and MU
zoning districts shall be submitted as Planned Unit Developments. Due to the impact that
a large scale development would have on public utilities and services, the developer shall
submit the following information along with the preliminary plat:
A. Identification of all public services that would be provided to the development
including, but not limited to, fire protection, police protection, central water, central
sewer, road construction, parks and open space, recreation, maintenance, schools and
solid waste collection;
B. Estimate of the public service costs to provide adequate service to the development;
C. Estimate of the tax revenue that will be generated from the development; and
D. Suggested public means of financing the services for the development if the cost for
the public services would not be offset by tax revenue received from the
development. (Ord. 88, 11-15-1983)
9-5-6: CEMETERY SUBDIVISIONS:
A. Submission Of Proposed Function: The developer of any cemetery subdivision shall
provide the commission with written documentation that will sufficiently explain the
functions of the proposed cemetery for either human or animal remains.
B. Compliance With State Law: The developer of any cemetery subdivision shall
submit a written statement that has been prepared by an attorney that adequately
assures the compliance of the proposed cemetery with the procedural management
requirements that are outlined in title 27, Idaho Code. (Ord. 88, 11-15-1983)
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9-5-7: SUBDIVISION WITHIN A FLOOD PLAIN:
In addition to the provisions of this title, any subdivision within the designated flood
plain of the city shall comply with all applicable provisions of the flood plain regulations
of the city as now in effect or as may hereafter be amendedv1II7. (Ord. 88, 11-15-1983)
9-5-8: SUBDIVISION WITHIN AN AREA OF CRITICAL
CONCERN:
A. Designation Of Areas Of Critical Concern: Hazardous or unique areas may be
designated as an area of critical concern by the city councilor by the state of Idaho.
Special consideration shall be given to any proposed development within an area of
critical concern to assure that the development is necessary and desirable and in the
public interest in view of the existing unique conditions. Hazardous or unique areas
that may be designated as areas of critical concern are as follows:
1. Earthquake location;
2. Unstable soils;
3. Unique animal life;
4. Unique plant life;
5. Scenic areas;
6. Historical significance;
7. Flood plain;
8. Center city;
9. Areas within the area of city impactiX8 but outside city boundaries; and
10. Other areas of critical concern.
B. Environmental Assessment Plan: The developer shall prepare and submit an
environmental assessment along with the preliminary plat application for any
development that is proposed within an area of critical concern.
The content ofthe environmental assessment shall be prepared by an
interdisciplinary team of professionals that shall provide answers to the following
questions:
1. What changes will occur to the area of environmental concern as a result of the
proposed development?
2. What corrective action or alternative development plans could occur so as not to
significantly change the area of environmental concern?
3. What changes in the area of environmental concern are unavoidable?
4. What beneficial or detrimental effect would the development have on the
environment including, but not limited to, animal life, plant life, social concerns,
economic, noise, visual, available farm land and other?
C. Areas Of Critical Concern: The following areas are specifically identified as areas of
critical concern:
1. Boise River Flood Plain: The Boise River flood plain and certain intervening and
immediately adjacent areas are designated as areas of critical concern due to their
ecological and scenic significance. This area comprises the two (2) channels of the
Boise River and intervening and immediately adjacent areas, as depicted on the land
use designation map of the comprehensive plan adopted by the city of Eagle on May
11,1993, as a "Special Area", including that portion in the Eagle impact area.
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2. Dry Creek Flood Plain: The Dry Creek flood plain is designated as an area of
critical concern due to its ecological and scenic significance. This area comprises the
"Dry Creek Floodplain" as defined on the land use designation map of the
comprehensive plan adopted by the city of Eagle on May 11, 1993, including that
portion in tile city of Eagle impact area.
3. North Footllills: The North Foothills area is designated as an area of critical
concern due to the topographic, ecological and scenic significance. This area
comprises all of the city of Eagle impact area north of Beacon Light Road as
depicted on the land use designation map of the comprehensive plan adopted by the
city of Eagle on May 13, 1993. (Ord. 249,10-25-1994)
9-5-9: CONDOMINIUM SUBDIVISIONS:
Anv Derson desiring to create a condominium subdivision as herein defined and in
accordance with Title 55, Chapter 15 Idaho Code, shall submit all necessary
applications to the administrator for review and approval.
9-6-1: ADMINISTRATION:
The council shall appoint an administrator to carry out tile provisions as herein specified
and to serve at the pleasure ofthe council. The administrator shall receive and process all
subdivision applications. (Ord. 88, 11-15-1983)
9-6-2: VACATIONS AND DEDICATIONS:
A. Application For Vacation Or Dedication: Any property owner desiring to vacate an
existing subdivision, public right of way or easement shall complete and file an
application with the administrator. These provisions shall not apply to the widening
of any street which is shown in the comprehensive plan, or the dedication of streets,
rights of way or easements to be shown on a recorded subdivision.
B. Administrative Action:
1. Action By Administrator: Upon receipt of the completed application, the
administrator shall affix the date of application acceptance thereon, shall place the
application on the agenda for consideration at the next regular meeting of the
commission which is held not less than fifteen (15) days after the date of acceptance.
2. Recommendation By Commission: The commission shall review the request and
all agency responses and within thirty (30) days of the meeting at which the issue
was on the agenda, shall make a recommendation to the city council for either
approval, conditional approval or denial.
3. Action By Council:
a. Vacations: When considering an application for vacation procedures, the city
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council shall establish a date for a public hearing and give such public notice as
required by law. The city council may approve, deny or modify the application.
Whenever public rights of way or lands are vacated, the city council shall provide
adjacent property owners wiili a quit claim deed for the vacated rights of way in
such proportions as are prescribed by law.
b. Dedications: When considering an application for dedication procedures, the
city council may approve, deny or modify the application. When a dedication is
approved, the required street improvements shall be constructed or a bond
furnished assuring the construction prior to acceptance of the dedication. To
complete the acceptance of any dedication of land, ilie owner shall furnish to the
city council a deed describing and conveying such lands to be recorded with the
county recorder.
c. Decision: The council shall review the request and all agency responses and
commission recommendation, and within thirty (30) days ofthe meeting at which
ilie issue was on the agenda eiilier approve, conditionally approve or deny the
request.
C. Dedication Of Streets: Within a proposed subdivision, arterial and collector streets,
as shown on the comprehensive plan, shall be dedicated to the public in all cases. In
general all other streets also shall be dedicated to public use. (Ord. 88, 11-15-1983)
9-6-3: VARIANCES:
A. Purpose: The commission may recommend to the city council a variance from the
provisions of this title on a finding that undue hardship results from ilie strict
compliance with specific provisions or requirements hereof or that application of
such provisions or requirements is impracticable.
B. Standards For Variances: No variance shall be favorably acted upon by the city
council unless there is a finding, upon recommendation by the commission, as a
result of a public hearing, that all of the following exist:
1. That there are such special circumstances or conditions affecting the property that
the strict application of the provisions ofiliis title would clearly be impracticable or
unreasonable. In such cases, the subdivider shall first state his reasons in writing as
to the specific provision or requirement involved.
2. That strict compliance with the requirements of this title would result in
extraordinary hardship to the subdivider because of unusual topography, other
physical conditions or oilier such conditions which are not self inflicted, or that these
conditions would result in inhibiting the achievement of the objectives of this title.
3. That the granting of the specified variance will not be detrimental to the public
welfare or injurious to other property in the area in which the property is situated.
4. That such variance will not violate the provisions of the Idaho Code.
5. That such variance will not have the effect of nullifying the interest and purpose of
this title and the comprehensive plan. (Ord. 88, 11-15-1983)
9-6-4: AMENDMENTS:
The city council may, from time to time, amend, supplement or repeal the regulations and
provisions ofiliis title upon recommendation from the commission in the following
manner:
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A. The commission, prior to recommending an amendment, supplement, or repeal of
this title, shall conduct at least one public hearing in which interested persons shall
have an opportunity to be heard. The notice requirements provided in section 8-7-8
of this code shall be followed. Following the commission hearing, if the commission
makes a material change in this title other than that published for the present hearing,
further notice and hearing shall be provided before the commission forwards its
recommendation to the council. A record of the hearings, findings made and actions
taken shall be maintained.
B. The city council, prior to adopting an amendment, supplement or repeal of this title,
shall conduct at least one public hearing using the same notice and hearing
procedures as the commission. The city council shall not hold a public hearing, give
notice of a proposed hearing nor take action until recommendations have been
received from the commission. Following the hearing, further notice and hearing
shall be provided before the council adopts the amendment, supplement or repeal.
(Ord. 270, 5-29-1996)
9-6-5: ENFORCEMENT AND PENAL TIES:
A. Enforcement:
1. No subdivision plat required by this title or the Idaho Code shall be admitted to the
public land records of Ada County or recorded by the county recorder until such
subdivision plat has received final approval of the city council.
2. No public board, agency, commission, official or other authority shall proceed
with the construction of or authorize the construction of any of the public
improvements required by this title until the final plat has received the approval by
the city council.
3. No permits for construction of any structure shall be issued on any parcel or lot
until it has been determined such parcel or lot meets the requirements of this title.
4. The city attorney shall, in addition to taking whatever criminal action deemed
necessary, take steps to civilly enjoin any violation of this title.
B. Violations And Penalties: Violations of any of the provisions of this title or failure to
comply with any of its requirements shall constitute a misdemeanor, and be
punishable as provided in section 1-4-1 ofthis code. Each day such violation
continues shall be considered a separate offense. The landowner, tenant, subdivider,
builder, public official or any other person who commits, participates in, assists in or
maintains such violation may each be found guilty of a separate offense. Nothing
herein contained shall prevent the city councilor any other public official or private
citizen from taking such lawful action as is necessary to restrain or prevent any
violation of this title or of the Idaho Code. (Ord. 88, 11-15-1983)
Section 2: 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.
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Section3: 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 50-90lA, Idaho Code, may be
published.
Approved and adopted this 15th day of May, 2007.
ATTEST:
Ji {~~ ~---<1/}vr--/
Sharon~K. Bergmann, Eagle City lerk
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Page 78 of78
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SUMMARY OF
ORDINANCE #566
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING
EAGLE CITY CODE TITLE 8 "ZONING", CHAPTER 1 "ZONING
INTERPRETATION AND DEFINITIONS", CHAPTER 2, "ZONING DISTRICTS
AND MAP", CHAPTER 2A "DESIGN REVIEW OVERLAY DISTRICT", CHAPTER
6 "PLANNED UNIT DEVELOPMENTS", AND AMENDING TITLE 9 "LAND
SUBDIVISIONS", CHAPTER 1 "GENERAL SUBDIVISION PROVISIONS",
CHAPTER 2 "SUBDIVISION PLATS AND PROCEDURES", CHAPTER 3 "DESIGN
STANDARDS", CHAPTER 4 "REQUIRED IMPROVEMENTS", CHAPTER 5
"SPECIAL DEVELOPMENT SUBDIVISIONS"; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
A summary of the principal provisions of Ordinance No. 566 of the City of Eagle, Ada
County, Idaho, adopted on May 15,2007, is as follows:
Section 1: The following revisions were made to Title 8 of the Eagle City Code.
Chapter 1 Zoning Interpretation and Definitions, the definitions of common area open
space, density, lot, open space, open space active, open space passive, and planned unit
development were amended.
Chapter 2, Zoning Districts and Map, the purpose of residential district was amended, the
minimum lot size in the Mixed Use zone was decreased, and setback conditions were
amended.
Chapter 2A, Design Review Overlay District, the definition of buffer area was amended
and the document setting forth the designation of roads was amended.
Chapter 6, Planned Unit Developments, the purpose, goals and objectives were amended,
the minimum area was amended, open space requirements were amended, a provision
was added for housing for older persons, the arrangement of residential units was
amended, the arrangement of office uses was amended, the arrangement of industrial uses
was deleted, a provision for waiver was inserted, and the procedure for application for
final development plan was amended.
The following revisions were made to Title 9 of the Eagle City Code:
Chapter 1, Land Subdivisions, the definition of common area open space was added; the
definitions of lot, open space, open space active, open space passive, and variance were
amended.
Chapter 2, Subdivision Plats and Procedures, the preapplication procedure was amended,
the preliminary plat requirements were amended, the final plat procedure was amended,
and the lot split procedure was amended.
Chapter 3, Design Standards, the design of street and road location was amended, private
street regulations were amended, blocks standards were amended, lot requirements were
amended, easement requirements were amended, open space requirements were
amended, and fence requirements were amended.
Chapter 4, Required Improvements, pathway requirements were amended, sidewalk
design was amended, irrigation facility requirements were amended, and remedies for
failure to complete public improvements were amended.
Chapter 5, Special Development Subdivisions, planned unit development definition was
amended, requirements for planned unit developments were amended, and requirements
for condominium subdivisions were added.
Section 2:
Provides for severability.
Section 3:
Provides for an effective date.
The full text of Ordinance No. 566 is available from the Eagle City Clerk, and will be
provided to any person upon request during regular office hours.
CERTIFICATION 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. 566 of the City of Eagle
Ferry, adopted on May 15th, 2007, and that the same is true and complete and provides
adequate notice to the public of the contents of the Ordinance.
DATED this 1 ih of May, 2007
Message
Page 1 of 1
Tracy Osborn
From: Tracy Osborn
Sent: Thursday, May 17, 20074:31 PM
To: Legal Notices(historydoc@uswest.net)
Subject: Summary Ord. 566
Please published the attached Summary of Ordinance 566 one time only on May 2 L 2007.
Thank you!
Tracy E. Osborn, CMC
Deputy Clerk
City of Eagle, Idaho
P.O. Box 1520
208-489-8781
5/17/2007
Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
I
HlCE:ivT~u & HLd) -
CITY OF EAGLE
MAY l ~ 2007
LEGAL ADVERTISING PROOF OF PUBLICATION
FilII;
May 21, 2007
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<iSc;. 33
SUMMARY OF ORDINANCE 11566
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMEND- Frank Thomason, bei~g duly S:-VO!'"' deposes
ING EAGLE CITY CODE TITLE 8 "ZONING," CHAPTER I "ZONiNG INTER- and says: That he IS the PnnClpal Clerk of
PRETATION AND DEFINITIONS," CHAPTER 2 "ZONING DISTRICTS AND Illey Times, a weekly newspaper published at
MAP," CHAPTER 2A "DESIGN REVIEW OVERLAY DISTRICT," CHAPTER 6 91e, Ada County, State of Idaho; that the said
PLANNED UNIT DEVELOPMENTS," AND AMENDING TITLE ( "LAND SUB- lewspaper is in general circulation in the said
~I~I~~O~~;'s~~~~ ~~~~E~~~~'g;A,:"~~~I?~:S~g~~~ ?ounty of Ada, and in the vicinity.of Meridian,
DARDS " CHAPTER 4 "REQUIRED IMPROVEMENtS" CHAPTER 5 "SPECIAL >tar, and Eagle, and has been uninterruptedly
DEVELOPMENTSUBDIVISIONS";PROVIDINGASEvERABILITYCLAUSE;AND published in said County during a period of
PROVIDING AN EFFECTIVE DATE. enty-eight consecutive weeks prior to the first
.. . .. .' lion of this notice, a copy of which is attached
A summlU)' of the pnllClpaI proVISIons of Ord~ce No. 566 of the City of Eagle, ada hereto, and that the notice was published in
County, Idaho, adopted on May 15th, 2007, IS as follows: /'.... . f ity with s:!:n 60 108
I ,ey rimes, In con orm ec -,
Section I: The following revisions were made to Title 8 of the Eagle City Code. Idaho Code, as amended, for time(s)
he regular and entire issue of said paper, and
Chapter I Zoning Interpretation and Definitions, the definitions of common area printed in the newspaper proper, and not in a
open spac~, density, lot, open space, open space active, open space passive, and Ipplement; and that said notice was published
planned umt development were amended. on the following dates:
A') 'l-I, '-007
(
Chapter 2. Zoning Districts and Map, the purpose of residential district was amended, Beginning
the minimum lot size in the Mixed Use zone was decreased, and setback conditions
were amended.
Chapter 2A, Design Review Overlay District, the definition of bUffer area was amended
and the document setting forth the designation of roads was amended.
Ending ,1"1 c...) 1.', LOO 7
J- AwvJ.,J ~ f'V--'
Chapter 6, Planned Unit Developments, the purpose, goals and objectives were
amended, the minimmn area was amended, open space requirements were amended, a
provision was added for housing for older persons, the arrangement of residential STATE OF IDAHO)
units was amended, the arrangement of office uses was amended, the arrangement of )SS
ind~ uses was deleted, a provision for waiver was ihserted, and the procedure for COU NTY OF ADA )
appllcatton for fmal development plan was amended. . ") I ~ . f 2007
IS ~ day of III the year 0
The following revisions were made to Title 9 of the Eagle City Code: lfore me, a Notary Pub!' ,personally appeared
lOn, known or identified to me to be the person
Chapter I, Land Subdivisions, the definition of common area open space was added;~ name is subscribed to the within instrument
:::~:ti::::~~t, open space, open space active, open sp~e passive, and vari- bein~ by me fj.~dUIy sworn, declared that th~
lrhere~are tru ,n cknowtedged to me that
Chapter 2, Subdivision Plats and Procedures, the preappIication procCdure was amendedJ he executed the same.
the preliminary plat requirements were amended, the finaI plat procedure was amended, .
and the lot split procedure was amended.' Notary Public for Idaho
Resid~'n~tBLL' e 10
Chapter 3, Design Standards, the design of street and road location was amended,' "7 Z
private street regulations were amended, blocks standards were amended, lot require- My Commission expires: .. I
ments were amended, open space requirements were amended, and fence requirements
were amended.
(Continued in next column)