Ordinance - 2019 - 820 - Amending Zoning Ordinance - 12/10/2019 ORDINANCE NO. 820
AN ORDINANCE OF THE CITY OF EAGLE,ADA COUNTY IDAHO, AMENDING TITLE 6
"PUBLIC WAYS AND PROPERTY", CHAPTER 7, SECTION 6, AND AMENDING TITLE 8
"ZONING", CHAPTERS 1,2&ARTICLE 2A, 3,4,5, 6, 7,AND AMENDING TITLE 9"LAND
SUBDIVISIONS", CHAPTERS 1, 2, 3, 4, 5; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under
the laws of the State of Idaho; and
WHEREAS, pursuant to Chapter 65, Title 67, Idaho Code, the City of Eagle has the authority to
adopt, establish, and amend a Zoning Ordinance and Subdivision Ordinance; and
WHEREAS, the Mayor and Council have determined that good cause exists for amending the
Eagle City Zoning and Subdivision Codes to protect the public health and safety and the
aesthetic quality of the City; and
WHEREAS, the proposed changes to the Eagle Zoning Ordinance and Subdivision Ordinance
are in accordance with the City of Eagle Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF EAGLE, Ada County, Idaho;
Section 1: That Title 6, Chapter 7, Section 6, be and is hereby amended, to read as follows with
underline text to be added and strike-through text to be deleted:
No person shall remove a tree from a public right of way;or public land; - - - . . . ..
. • ••- '. . . '. : within the city without submitting an application to
the eemmittee city and obtaining the committee's city's approval thereon. Applications for tree
removal shall be filed with the zoning administrator.
Section 2: That Title 8, Chapter 1, Section 2, be and is hereby amended, to read as follows with
underline text to be added and strike-through text to be deleted:
The following words and terms, when used in this title, shall have the meanings ascribed to them
in this section:
ACCESSORY STORAGE BUILDING: A building originally constructed for use as an accessory
building for the storage of materials and equipment accessory to a primary use located on the
property.Cargo containers,railroad cars,truck vans,converted mobile homes,trailers,recreational
vehicles, bus bodies, vehicles and similar prefabricated items and structures originally built for
purposes other than the storage of goods and materials are not accessory storage buildings.
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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, accessory dwelling units, 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, guardhouses,
_- •-: , : • ::: :- - , microwave and satellite dish antennas, and similar uses
and structures.
AFFECTED PERSON: One having an interest in real property which may be adversely affected
by the issuance or denial of a permit authorizing the development.
AUTMOTIVE EMISSION TESTING FACILITY: A lot, structure,or vehicle where emissions are
tested or evaluated to determine compliance with law.
AUTOMOTIVE VEHICLE VINYL WRAP SHOP: The automotive aftermarket practice of
completely or partially covering a vehicle's original paint with a vinyl wrap of a different color,
and sometimes the same color with a differing finish like a gloss, matte or clear protective layer.
Other terms used to refer to vehicle vinyl wrap are car wrap,paint wrap,color change wrap,vehicle
graphics, and paint protection film, but not including automobile collision service, repair and
painting.,
BREWERY: An establishment for the manufacture of •-. . .: - . - lager and ale.
CLINIC: . ..' . -_ - -• - ' •-_ - : -- •- -.
•• at • • • a: • • • 'm ta; '• Ir. V i; . V
;Z• :5 tt • at ;• • • and-serviees7
COMMERCIAL ENTERTAINMENT FACILITIES: An establishment or venue which is
generally related to the entertainment field, the principal business of which is not the sale of
alcoholic beverages.
EMERGENCY: Occurrence or imminent threat of a disaster or condition threatening life or
property that requires immediate action to save lives and protect property or to avert or lessen the
threat of a disaster.
LIVE ENTERTAINMENT EVENTS, City Sponsored: Temporary concerts and other community
and cultural events.
MICKOBREWERY: A small brewery, generally producing fewer than ten thousand (10,000)
barrels of beer lamer and ale a year and frequently selling its products on the premises. Also called
boutique brewery, brewpub. .. - -- ' - produced beer is
. ----•• -. • -- -••• - . Sale and consumption of alcoholic beverages is limited to lager, ale,
wine, and cider. A microbrewery may include, but is not limited to, the following: tasting rooms,
barrel rooms, bottling rooms, tank rooms, laboratories, processing structure, and offices.
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OFFICE, MEDICAL AND DENTAL: e - •-: -- . .' . ;- •
"-- . . . - , ,-" . .
desks,tables,files, •. • • -. . . --- .A facility for a group of one or more physicians
for the examination and treatment of human patients, primarily engaged in furnishing, on an
outpatient basis, chiropractic, dental, medical, surgical, medical imaging, or other services to
individuals. Patients are not kept overnight. Ancillary laboratory facilities may be included.
PARK AND RECREATION FACILITIES: Noncommercial Publicly owned parks, playgrounds,
recreation and entertainment facilities1 and open spaces.
PERSONAL IMPROVEMENT: Provision of instructional services or facilities, including
photography, fine arts, crafts, dance or music studios, driving schools, riding aeaaemies,business
and+raaesehee,*diet centers-reducing salons, and fitness studios.
PERSONAL SERVICES: -- - . ' . . _ . ' Provision of
commercial services to the general public such as shoe repair, watch repair, barbershop, beauty
parlors, pet grooming, massage therapy, and similar activities.
PROFESSIONAL hCTIVITIES: The use of—effiees - . -- .• - - . . • •
services as ace . . •.-. -- . . - .,, lawyers, architects, engineers and similar
professions,
RECREATION ITEM, PERSONAL: The term personal recreation item shall include, but not be
limited to, bus, boat, snowmobile, jet ski, horse trailer, motorcycle, and all-terrain vehicle.
RECREATIONAL VEHICLE:A motor home,travel trailer,truck camper,or camping trailer,with
or without motive power,designed for human habitation for recreational or emergency occupancy.
Any of the following vehicles which are licensed for travel on the highway: travel trailer (a
vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for
travel, recreation or vacation, or one permanently identified as a travel trailer by the manufacturer
of the trailer); pick-up coach (a structure designed to be mounted on a truck chassis for use as a
temporary dwelling for travel, recreation and vacation); motor home (a portable, temporary
dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-
propelled vehicle); and camping trailer (a canvas, material or metal folding structure, mounted on
wheels, and designed for travel, recreation and vacation used
SHIPPING/CARGO CONTAINER: Standardized reusable vessels that were:
1. Originally designed for or used in the packing, shipping,movement or transportation of freight,
articles, goods or commodities; and/or
2. Originally designed for or capable of being mounted or moved by rail, truck or ship by means
of being mounted on a chassis or similar transport device. This definition includes the terms
"transport containers" and "portable site storage containers" having a similar appearance to and
similar characteristics of cargo containers.
TATTOO PARLORS AND BODY PIERCING ESTABLISHMENTS: A commercial land use
where the marking or coloring of the skin is performed by pricking in coloring matter or by
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producing scars, and/or piercing of the body which is conducted in exchange for financial or other
valuable consideration. It does not include tattooing when applied by a licensed dermatologist on
premises licensed as a dermatological office.
Section 3: That Title 8, Chapter 2, Section 3, be and is hereby amended, to read as follows with
underline text to be added and strike-through text to be deleted:
C. If"P" appears, the use is an allowed use; if"C" appears, the use is only allowed upon the
issuance of a conditional use permit and/or a development agreement upon rezone to an MU or
BP zoning designation; if no letter appears the use is prohibited.
The : . : .. ; * ;; :; '. :' '• • -; . . - --- - •-.
:- -"" " •- : , " " . . - - - " • :. : " • . :" "
that If a proposed use is not specifically listed in the chart below then mentioned and-is-net
•- . . . - ' •-- • • -. . - - -• . . .- _ .. .. . the use is
prohibited. When several combined land uses exist, or are proposed, the most intensive land use
shall be considered as the primary activity.
OFFICIAL SCHEDULE OF DISTRICT REGULATIONS
(P- Permitted Use/C - Conditional Use/No P Or C - Prohibited Use)
DISTRICTS
LAND USES A A-R R-E R L-O C-A C-1 C-2 C-3 CBD M-1 BP M-2 M-3 PS MU
COMMERCIAL:
Automotive Emission
Testing Facility
C C C C C
Automotive Vehicle Vint
Wrap Shoff
C P P P C
Clinic - - - - R- - P-- P— - - - - - -
Office,Medical and
Dental: P P P P P P
Tattoo Parlors and Body
PiercinlEstablishments C C
Section 4: That Title 8, Chapter 2, Section 4, be and is hereby amended, to read as follows with
underline text to be added and strike-through text to be deleted:
* Note Conditions:
A. Setback reductions (to be measured from the foundation to the property line):
1. : :: •- - Building eaves may extend no more than 2 feet into *hes;aeyara
any setback;
2. Open structures such as porches, canopies, balconies, platforms, carports, covered patios and
similar architectural projections shall be considered part of the building to which they are attached
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and shall not project more than 15 feet into the required rear yard setback provided that the
remaining setback distance is no less than 10-feet;
3. Open porches for residential dwelling units shall not project more than 5 feet into the required
front yard setback_provided that the remaining setback distance is no less than 15-feet;
D. Front yard setback from arterial and collector streets (as identified on the transportation ara
. -- . . . . - Master Street Map Typologies main the Eagle comprehensive plan) is 30
feet in all residential zoning districts.
E. Street side setback on arterial and collector streets (as identified on the transportation
.. -- . . . . • Master Street Map Typologies main the Eagle comprehensive plan) is 25
feet in all residential zoning districts.
Section 5: That Title 8, Chapter 2A, Section 1, be and is hereby amended, to read as follows with
underline text to be added and strike-through text to be deleted:
This article applies to all proposed development located within the Design Review Overlay District
which shall include the entire City limits, and any land annexed into the City after the date of
adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
institutional, office, multi-family residential projects, signs, common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing, exterior restoration, and enlargement or
expansion of existing buildings, signs or sites, and requires the submittal of a design review
application pursuant to this article and a fee as prescribed from time to time established by
resolution of by the City Council. Design Review applications for a change in paint color are
subject to review and approval by the City but otherwise shall not be required to comply in all
respects to the requirements of this article.
Section 6: That Title 8, Chapter 2A, Section 6, Paragraph B, be and is hereby amended, to read as
follows with underline text to be added and strike-through text to be deleted:
3. Fences:
a. Block (with columns), which may include brick, rock, stone or similar veneer;
b. Brick (with columns);
c. Wrought iron;
d. Decorative wood and vinyl fencing may be permitted if the city determines that the style of
fence proposed is complementary to the building architecture and overall site design;
e. Dog ear cedar, fir, chain_link, barbwire, razor wire, and similar high maintenance and/or
unsightly fencing is prohibited. However, powder coated chain link fencing may be permitted for
use on school sites.
6. Architectural appurtenance and buildingheight restrictions:
a. All buildings, spires, poles, antennas, steeples, towers, and any other such structures shall be
limited to a maximum height of forty feet(40') within the DDA and TDA and thirty five feet (35')
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in all other locations. Additional height may be permitted if a conditional use permit is approved
by the city council.
7. Enclosed Trash and Recycle Receptacle Areas:
a. All commercial and multi-family developments shall provide for trash and recycle services and
shall include an enclosed area for the storage of trash and recycle receptacles. The area shall be
screened in accordance with section 8-2A-7J of this article. A waiver of this section may be
approved for small businesses that utilize 96-gallon or smaller trash and recycle receptacles
provided the containers are stored indoors or are otherwise screened from view with the use of a
screen wall and landscaping.
Section 7: That Title 8, Chapter 2A, Section 7, Paragraph C, be and is hereby amended, to read as
follows with underline text to be added and strike-through text to be deleted:
C. Retention,_ • Removal, and Replacement of Trees:
1. Retention Of Existing Trees:
a. Existing trees shall be retained unless removal is approved in writing by the city. Where trees
•
arer,; . -- - : -- - . - - .
-; . -"- • • • . - . - . ,7, ;- •- • -: . • :
• • • - •••• ••••• •-• • -••-•
• ,
Replacement--
. . ................ . ..................•••••........................................ .• . .. . .....................
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1 inch to 6 inches caliper '2x caliper of-tree removed
g}/4 iches to 12 inches 14. . ':- -- -••
4- 4_inches """"""e ' lx caliper of tree removed
" -". - . . ,
,• = ,5 = "• • --5 - " and-silver--rnaple. " - - . - :-:5 . - -
• :• "•:':5 fri• e" •" '4 •.'•': •". • "0 0:•' "0 • ;ie.'
tr " '; • • "mat • • • . 41; ir • "
• • • •rn ••• aia ;. ; • ie- dit ••• • a• ••• ;. ; • andier
Examp1e: Aneightinch(8")caU; -- ' _ • • -:, . . . - -; . - --_ - . . . . . -
• - . • - . •- • . • - - •
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2. Removal and Replacement of Existing Trees:
a. Where trees are approved by the city to be removed, replacement with a species identified in
section 8-2A-7Q of this article is required. For each caliper inch of deciduous tree removed, an
equivalent amount of caliper inches shall be replanted. For each vertical foot of coniferous tree
removed, an equivalent amount of vertical feet shall be replanted.
Example: An eight inch (8") caliper deciduous tree is removed, an acceptable replacement would
be four(4) 2-inch caliper deciduous trees. A twelve foot (12') tall coniferous tree is removed, an
acceptable replacement would be two (2) six feet (6')tall coniferous trees.
b. When a homeowners association or its agent removes tree(s) from a subdivision common area
to appropriately thin an overgrown canopy, replacement shall not be required provided the site
remains in compliance with subdivision's approved landscape plan as determined by the city.
c. Unless it is determined by the city that replacement is necessary to preserve and/or restore
Eijeparian and wildlife habitat, removal of the following trees shall not otherwise require
replacement: black locust, poplar, cottonwood, willow, tree of heaven, elm, and silver maple.
Trees which are weak wooded, weak branched, suckering, damaged, diseased, insect infested, or
containing similar maladies may be exempt from replacement if removal is first approved by the
city.
d. In cases where the condition of the tree(s) constitutes an "emergency" as defined in section 8-
1-2 of this title, the tree(s) may be removed without approval provided that the city is notified
after the tree's removal and provided with documentation indicating the tree's condition at time
of removal.
e. Planting within public rights of way shall be with approval from the city and the public entity
owning the property.
23. Damage During Construction: Existing trees or shrubs that are retained shall be protected
from damage to bark, branches, or roots during construction. Construction or excavation
occurring within the drip line of any public or private retained tree or shrub may severely
damage the tree or shrub. Any severely damaged tree or-shrub shall be replaced in accordance
with subsection CU of this section.
34. Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be
allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk plus
six feet (6'), or to the drip line, whichever is furthest from the trunk.
45. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy
the minimum required landscaping.
Section 8: That Title 8, Chapter 2A, Section 7, Paragraph D, be and is hereby amended, to read as
follows with underline text to be added:
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2. Clear vision triangle shall be observed in regard to all vegetation. All shade trees planted within
vision triangles and adjacent to any street shall be pruned to a minimum seven feet (7') above the
adjacent sidewalk and fourteen feet (14') above the adjacent roadway surface. Shrubs and ground
covers planted within the vision triangle shall not exceed three feet (3') height at maturity. The
boundaries of the vision triangle are defined by measuring from the intersection of the edges of
two (2) adjacent roadways forty feet (40') along each roadway and connecting the two (2) points
with a straight line. The sight distance obstruction is also applicable to railroad-highway grade
crossings with the vision triangle defined by measuring forty feet(40') along the railroad property
line. In all cases, ITD and ACHD standards shall apply also.
Section 9: That Title 8, Chapter 2A, Section 7, Paragraph H, be and is hereby amended, to read as
follows with underline text to be added and strike-through text to be deleted:
1. The zoning administrator may authorize a delay in the completion of planting during the months
GfNovember, December, - ', . - . .- -. - - •- , if a surety for
one hundred fifty percent (150%) of the cost of installation is provided to the city. A final
certificate of occupancy shall not be issued until all required plantings are complete.
Section 10: That Title 8, Chapter 2A, Section 7, Paragraph J, be and is hereby amended, to read as
follows with underline text to be added and strike-through text to be deleted:
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 a common lot located between the
residential lots within the subdivision and the right of way line of the adjacent roadway. This
buffer is required 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 below, shall be measured from the elevation of the final grade of the adjacent roadway
(measured at the centerline) to the top of the proposed berming/fencing. The required buffer area
width, plantings, and fencing are as follows:
a. Any road designated as an urban or rural collector on the .. . .. - . •- .
plan Master Street Map Typologies main the Eagle comprehensive plan:
b. Any road designated as a minor arterial on the .. . .. • - . . . .
Master Street Map Typologies mapjn the Eagle comprehensive plan:
c. Any road designated as a principal arterial on the .. - .. • . -
-
Master Street Map Typologies main the Eagle comprehensive plan:
Section 11: That Title 8, Chapter 2A, Section 7, Paragraph M, be and is hereby amended, to read
as follows with underline text to be added and strike-through text to be deleted:
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1. Except as may otherwise be required within the DDA, TDA, CEDA, and DSDA sidewalks
shall be separated from the curb along all streets. _*2- . . . - . .' -• ..
permits. An eight foot (8') wide minimum parkway planter strip planted with shade class (class
II) trees shall be required between the sidewalk and street to provide a canopy effect over streets.
Section 12: That Title 8, Chapter 2A, Section 18, be and is hereby amended, to read as follows
with strike-through text to be deleted:
Prior to the issuance of a temporary certificate of occupancy, a surety in the form of an irrevocable
letter of credit, certificate of deposit, or cash, in the amount equal to one hundred fifty percent
(150%) of the estimated construction costs of site improvements, landscaping and irrigation shall
be provided by the owner/developer to the City to be held and deposited by the City until said
construction, landscaping and irrigation is complete. Construction cost estimates shall be reviewed
and approved by the City Zoning Administrator prior to City acceptance of said surety. The surety
initiation and extension fees shall be established by resolution of the City Council. No final
certificate of occupancy shall be issued until the required construction, landscaping and irrigation
is complete pursuant to section 8-2A-19 of this article. In the event the owner/developer fails to
complete all improvements required pursuant to the City approved plans the City may,after written
notice of intent to proceed, draw on the surety to completely install, repair, or replace any and all
improvements which are the subject of noncompliance.
Section 13: That Title 8, Chapter 3, Section 2, be and is hereby amended, to read as follows with
underline text to be added and strike-through text to be deleted:
B. Temporary Buildings:
1. Temporary buildings, construction trailers, shipping containers, equipment and materials used
in conjunction with construction work authorized by this title only may be permitted in any district
during the period construction work is in progress, but such temporary facilities shall be removed
upon completion of the construction work. Storage of such facilities or equipment beyond the
completion date of the project shall require : . -•-• . . •. ' - •• -•- - is
prohibited.
C. Parking And Storing Of Certain Vehicles:
1. Automotive vehicles1 or trailers, or recreational vehicles of any kind or type without current
license plates shall not be parked or stored on any residentially zoned property other than in a
completely enclosed building1 Of carport, or within an approved storage facility. Such vehicles
shall be operational and shall not be occupied. Further,
2. iiNo beats, or other recreational vehicles or personal recreation items may be
parked more than seventy two (72) consecutive hours in front of, or in the case of corner lots, on
the secondary street side of any residentially zoned property. ! -- ... - . - - -. -•
-
- . .- -. • - •.- . . Such vehicles shall be operational.
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3. One recreational vehicle and one personal recreation item or two personal recreation items may
be stored in the side or rear yard.
4. Recreational vehicles and personal recreation items shall not be stored on commercially zoned
properties other than within an approved storage facility.
D. Enclosed Trash/Recycle Areas: All trash and/or garbage and recycle collection areas for
commercial,industrial and multi-family residential uses shall be enclosed on at least three(3) sides
by a solid wall or fence of at least four feet (4') in height, and a solid wood gate on a metal frame
shall enclose the fourth side, or shall be within an enclosed building or structure. Adequate
vehicular access to and from such area or areas for collection of trash and/or garbage as determined
by the administrator shall be provided.
Section 14: That Title 8, Chapter 3, Section 3, be and is hereby amended, to read as follows with
underline text to be added and strike-through text to be deleted:
B. Fences:
2. New Ffencing located adjacent to any street identified as a collector or arterial on the
. • .. . .. -- . . . . • Master Street Map Typologies main the Eagle
comprehensive plan, and on the street side of all corner lots, shall be an open fencing style such
as wrought iron or other similar see through, decorative, durable fencing material, except as
otherwise may be permitted in subsection 82A7J of this title. Any wooden fence that existed
prior to the effective date hereof, may be rebuilt upon the fence's original footprint provided the
fence has a picture frame appearance as shown in the EASD Book.
Section 15: That Title 8, Chapter 3, Section 5, be and is hereby amended, to read as follows with
underline text to be added and strike-through text to be deleted:
A. Accessory Storage Building:
1. Will not be located in any required front or street side yard area; within the R-E, R, and MU
zoning districts. Accessory storage buildings located with the A and A-R zoning districts may be
permitted within the front or street side yard area and shall comply with the minimum setbacks as
required in section 8-2-4 of this title. The exterior design of the accessory storage building will be
compatible with the principal residence on the lot and shall not detract from the single-family
appearance of the lot or obscure and confuse the front entrance of the principal structures
2. Accessory storage buildings less than two hundred (200) square feet in area with a wall height
of no more than seven feet (7') and a maximum height of no more than nine feet (9') are permitted
in any rear or interior side yard area; and
3. Accessory storage buildings two hundred (200) square feet in area or larger shall comply with
the minimum setbacks as required in section 8-2-4 of this title and shall be limited to a maximum
height of twenty-five feet(25'). Accessory storage buildings located within the R-E zoning district
shall be limited to a maximum height of thirty feet (30'). Accessory storage buildings located
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within the A;and A-R,and R-E Zzoning Ddistricts shall be-permitted limited to a maximum height
of thirty-five feet (35')-=
4. The placement and use of any shipping/cargo container, railroad cars, truck vans, converted
mobile homes,travel trailers, recreational vehicles, bus bodies, vehicles, and similar prefabricated
items and structures as an accessory storage building or living unit is prohibited;,
5. Notwithstanding the provisions set forth in this section, the temporary placement of transport
containers and/or portable site storage containers on residentially zoned properties, or on
properties the primary use of which are residential, for the limited purpose of loading and
unloading household contents shall be permitted for a period of time not exceeding 30 days in
any one calendar year.
L. Home Occupation:
1. - - .- .- :Other than members of the family residing on the premises,no other
persons shall be engaged in such occupation;
2. The use of the dwelling unit and attached garage for the home occupation shall be clearly
incidental and subordinate to its use for residential purposes by its occupants, and not more than
twenty five percent(25%)of the total floor area of the dwelling unit and attached garage combined
shall be used in the conduct of the home occupation. The home occupation shall be conducted
entirely within the dwelling unit/attached garage. If the home occupation is conducted within a
portion of the attached garage the parking area shall not be reduced below the minimum spaces
required in section 8-4-5 of this title. Home occupations are prohibited within accessory structures;
3. There shall be no change in the outside appearance of the building or premises, or other visible
evidence of the conduct of such home occupation;
4. There shall be no Praffic relating to the operation of the home occupation; such as other than
mail and parcel delivery;which shall be limited to a maximum of four (4) vehicle trips per day (a
trip as defined in the most recent version of the Institute of Transportation Engineers' "Trip
Generation Manual");
5. No equipment or process shall be used in such home occupation which creates noise, vibration,
glare, fumes,odors,or electrical interference detectable to the normal senses off the lot. In the case
of electrical interference, no equipment or process shall be used which creates visual or audible
interference in any radio or television receivers off the premises or causes fluctuations in line
voltage off the premises;
6. No storage of materials or supplies outdoors; and
7. It shall not involve the use of signs.
Section 16: That Title 8, Chapter 4, Section 4-2,be and is hereby amended,to read as follows with
strike through text to be deleted:
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Handicapped Parking: Handicapped spaces shall be twelve feet by nineteen feet (12' x 19') or
two (2) eight feet by nineteen feet (8' x 19'), separated by a five foot(5') aisle.
Section 17: That Title 8, Chapter 4, Section 5, be and is hereby amended, to read as follows with
underline text to be added and strike-through text to be deleted:
In accordance with subsection 8-4-1 A of this chapter,parking spaces for other permitted or
conditional uses not listed herein shall be determined by the administrator. Among the factors for
determining the number of spaces to be required for a use not listed herein,the administrator
shall compare the proposed use with a use which has similar traffic generating characteristics as
outlined in the most recent version of the institute of transportation engineers trip generation
manual.
For the purpose of this title, the following space requirements shall apply, except that in the
DDA and TDA the space requirement listed herein shall be reduced by fifty percent (50%) for all
nonresidential uses and adjacent on street parking shall be included in the minimum requirement:
Type Of Use Off Street Parking Spaces Required
RESIDENTIAL
Apartments or For each unit with 2 or more bedrooms - 2 including 1 covered; for
multi-family each 1 bedroom or studio unit - 1.5 including 1 covered. 0.25 spaces
dwellings per unit shall be provided for guest parking. Adjacent on street
parking spaces on a local street may be credited toward the guest
parking requirement Garages shall not be used for household storage
and shall be kept available for parking.
s,.,. AV*,-£y�-. v�(,aia'���,�'���r�.,H�` ..�,_,.,g.-fes�:��x *���s3,=�� ,_AtX
Section 18: That Title 8, Chapter 5, Section 2, be and is hereby amended, to read as follows with
underline text to be added and strike-through text to be deleted:
8-5-2: AUTHORITY TO CONTINUE NONCONFORMING USE:
If a lawful use involving individual structures, or of a structure and land in combination, exists at
the effective date hereof that would not be allowed in the district under the terms of this title, the
lawful use may be continued so long as it remains otherwise lawful, subject to the following
provisions:
A. Additions Or Alterations: Unless permitted in accordance with section 8-5-2 C of this title,Nno
existing structure devoted to a use not permitted by this title in the district in which it is located
shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in
changing the use of the structure to a use permitted in the district in which it is located.
Notwithstanding the foregoing,when a residential dwelling is destroyed due to catastrophic fire or
other natural disaster it may be rebuilt, subject to reasonable regulation by the city, upon the
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structure's original footprint. A permit for reconstruction shall be obtained within six (6) months
of the fire or natural disaster event.
C. Change Of Nonconforming Use: .:-, Any nonconforming use
of a structure and land may, upon the issuance of a conditional use permit by the council, be
changed to another nonconforming use; provided, that the council shall find that the proposed use
is equally appropriate or more appropriate to the district than the existing nonconforming use. In
permitting such change, the council may require appropriate conditions and safeguards in accord
with other provisions of this title. Upon the change of a nonconforming use to another
nonconforming use through the issuance of a conditional use permit, the terms and provisions of
the conditional use permit shall prevail and the previous nonconforming use rights shall no longer
exist. If any term or condition of the conditional use permit is violated, the conditional use permit
may be revoked, at which time the use will be considered an illegal use. Thereafter, the use and
zoning shall conform to those permitted or conditional uses allowed under the zoning code in effect
at that time.
Section 19: That Title 8, Chapter 7, Section 4-5 be and is hereby amended,to read as follows with
underline text to be added and strike-through text to be deleted:
8-7-4-5: REQUEST FOR HEARING RECONSIDERATION BY AFFECTED PERSONS:
A. Deftnitieni-An "affeeted-person" . -. -. ,•• . • - a -. , -• - .
be : . - . . - - • .. - :- . --• . . •• -- :- - - .
A. Appeals of City Council Decisions. An affected person may seek judicial review of any final
decision of the city council.
1. A decision of the city council is not a final decision until it has been rendered in writing,
2. Any affected person seekingjudicial review shall first seek reconsideration of the final
decision within fourteen (14) calendar days. Such written request shall be provided to the city
clerk along with any such fee as adopted by resolution of the city council and shall identify
pecific deficiencies in the decision for which reconsideration is sought and the legal basis for
relief.
3. In the event no action is taken by the city council within sixty (60) calendar days of receipt of
a request for reconsideration the request is deemed denied. If the city council chooses to
reconsider the final decision, the city council shall provide the applicant or affected person a
written decision on such action. The city council may then reopen the matter and have additional
public hearing(s) if it believes additional information is necessary. The notice for public hearing
shall comply with section 8-7-8 of this title.
4. Notice to applicant or affected person: Within ten (10) calendar days after the written decision
has been rendered, the administrator shall provide the applicant or affected person with a written
notice of the action on the request.
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5. A failure to request reconsideration is a failure of the applicant or affected party to exhaust
administrative remedies.
1-1. P .:- - - *--- ; . •: -
eenditienal-use, of-vafianee-permit, • - -. • •. - - - - . • -5 - • • - -
• ,• - - -. •- - .• -:; previded-however, . ,•- • . -:
- • - • . ". di:5 a' a'• •a:
C. Aetion-By-Ceuneil: A " ' • a'-• •a: t . a aa• • :
1. Grant or deny a permit; or
2. - . • - . :- • • - . : -• - - • : • • : --. •-
D. Appeals: • - - _ . -. • a-decision ,, .•' . . ,e .. .,, after all
-" ". • -- "- •. . •:- . : . -„, - : . - - . . - - " -: . -
e.-- . - . . _ . . 5216, Idaho Code.
Section 20: That Title 8, Chapter 7, Section 8,Paragraphs B, C,and D,be and are hereby amended,
to read as follows with underline text to be added and strike-through text to be deleted:
B. Neighborhood Meetings: Applicants shall conduct a neighborhood meeting for comprehensive
plan amendments, annexations, variances, conditional uses, Zoning Ordinance map amendments,
and subdivisions. A neighborhood meeting shall not be required for City initiated applications.
1. Meeting Requirements:
a. It shall be the sole duty of the applicant to provide mailed written notice, in a form deemed
appropriate by the zoning administrator, to all property owners or purchasers of record owning
property within . •. - • - - .. !e' the respective radius of the exterior boundary of the
application property; as set forth in table B-1. and-te Notice by mail shall also be provided to
contiguous homeowners' associations that are contiguous to the exterior boundary of the
application property. and-any Mailed notice to neighborhood associations and any additional area
that may be impacted by the proposed change shall be provided as determined deemed appropriate
by the zoning administrator. . ' - . -- .. •... ••-_ - ... :, and not in
- . d.; • - -5 " •• " mat • " it tt:
• ': •• •• : .-to ir tri'" • t •• rn. i• tr :5
• . - •- . ' _ • . .- . . .-. . . --•- . . .. .. •• ' ,I ' .. -•-• . . . The
neighborhood meeting written notice shall be provided by mail a minimum of fifteen(15)calendar
days prior to the scheduled neighborhood meeting. For application properties which are 500-acres
in size or larger, notice of the neighborhood meeting shall be provided to all property owners
within the entire city limits.
Table B-1
Application properties zoned: The notice distance shall be:
RR and RUT 1,500-feet
A and A-R 1,500-feet
.••....,
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R-E 1,000-feet
R-1 800-feet
All other zones 500-feet
C. Published And Mailed Notice For Comprehensive Plan And Zoning And Subdivision
Ordinance Text Enactments, Amendments, And Repeals: At least fifteen (15) calendar days prior
to each hearing, notice of the time and place of the hearing and a summary of the proposed action
shall be made available to other papers, radio, and television stations serving the city for use as a
public service announcement. Notice shall be sent to all political subdivisions providing services
within the city, including school districts, at least fifteen (15) calendar days prior to the public
hearing.
D. Published And Mailed Notice For Annexation,, Comprehensive Plan Land Use Map
Amendment, Zoning Ordinance Map Amendment, Development Agreement, Conditional Use
Permit,Variance,Planned Unit Development,And Subdivision: At least fifteen(15)calendar days
prior to each hearing, notice of the time and place of the hearing and a summary of the request and
proposed action shall be published in the official newspaper or paper of general circulation within
the city. Notice shall also be made available to other papers, radio, and television stations serving
the city for use as a public service announcement.
At least fifteen (15) calendar days prior to the hearing, additional notice shall be provided by
mai-1-to political subdivisions providing services, including school districts;. and Notice by mail
e shall be provided to all property owners and purchasers of record : • - . .- _ - -=,
. . ' • . . -- -. .. f!' -- - - owningpropertv located within the
respective radius of the exterior boundary of the application property;as set forth in table D-1.
Notice by mail shall also be provided to homeowners' associations that are contiguous to the
exterior boundary of the application property. Mailed notice to neighborhood associations and
any additional area that may be impacted by the proposed change shall be provided as
determined by the zoning administrator : . . . _ . - •-• . For application
properties which are 500-acres in size or larger, notice of the public hearing shall be provided to
all property owners within the entire city limits.
Table D-1
Application properties zoned: The notice distance shall be:
RR and RUT 1,500-feet
A and A-R 1,500-feet
R-E 1,000-feet
R-1 800-feet
All other zones 500-feet
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ate ' - -
lieu of the mai' no*ifiea*ior, twee (3) notices in the official newspaper or paper of general
• -- ; , : :5 -. " • : - ' - :. . ; • ;. ;
hearing.
E. Posted Notice: Except as noted within this subsection, any time notice is required under
subsection D of this section, the land being considered shall be posted not less than ten (10)
calendar days prior to the planning and zoning commission hearing and again not less than ten(10)
calendar days prior to the city council hearing. For comprehensive plan land use map amendments
and/or zoning ordinance map amendments consisting of changes to more than ten (10) parcels of
land posted notice shall not be required unless all parcels under request for amendment are
contiguous and if the parcels abut a public right of way. In such cases a minimum of one four foot
by eight foot (4' x 8') plywood sign shall be placed adjacent to the right of way. Otherwise, three
(3)notices in the official newspaper or paper of general circulation,with the third notice appearing
a minimum of ten (10) calendar days prior to the public hearing, shall be published. The notice
shall-ifieltide • •- - • • a " " • . • - . -• - - -- . • - - - --
. ... -. ._ • ' . . . • . . ! map amendments. Except as
noted herein, posting of the property must be in substantial compliance with the following
requirements:
Section 21: That Title 9, Chapter 1, Section 6, be and is hereby amended, to read as follows with
underline text to be added and strike-through text to be deleted:
ADMINISTRATOR: A • . '• . . - • •- . •- •. - . . . • - . .. -
•• -. ' . ... -. . • •- • .. • . .. - - - - • - the zoning administrator for the city of
Eagle, Idaho.
DRIVEWAY: A travel way not dedicated nor intended for public use, privately maintained,
serving a maximum of two (2) lots or parcels.
IRRIGATION WATER: Nonpotable water used for irrigation purposes.
PRESSURIZED IRRIGATION SYSTEM: A system that delivers irrigation water under pressure
through a closed distribution piping system.
Section 22: That Title 9, Chapter 2, Section 3, be and is hereby amended, to read as follows with
underline text to be added and strike-through text to be deleted:
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 use of private streets, new street dedication,or street widening is involved;
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3.No major special development considerations are involved such as development in a floodplain,
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 isnot in conflict with the comprehensive plan or any provision of the
zoning title of the city.
A ma ;• •m.•a• ". ; • • *• ; • ri # applieation-shall-be aeted-upen
• •: - -
C. Required Information And Data:
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" = 100'), shall show the drafting
date,shall be stamped by a licensed Idaho professional land surveyor or a licensed Idaho registered
professional engineer, 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 publie improvements;. however, such The
engineering plans shall be stamped by a licensed Idaho registered professional engineer and shall
contain sufficient information and detail to make a determination as to conformance of the
proposed improvements to applicable regulations, ordinances and standards;
c. A written application requesting approval of the preliminary plant; and
d. Appropriate information that sufficiently details the proposed development within any special
development area such as hillside, planned unit development, floodplain, 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 .. . : . -- . - - three hundred
e' -- - -. ; . :. - - . -: -*• - • - , .• - -- • .
„„b':^ r;^h* ^fway property owners and purchasers of record (as shown on record in the county
assessor's office) owning_property within the described radius requirements (identified in section
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8-7-8 D of this code) of the exterior boundary of the application property, to contiguous
homeowners' associations, and any additional area that may be impacted by the proposed change
including any neighborhood associations as determined by the zoning administrator as -en
- - . - . '
d. The legal description of the subdivision;
Section 23: That Title 9, Chapter 3, Section 2-1,be and is hereby amended,to read as follows with
underline text to be added and strike-through text to be deleted:
J. Driveways: Driveways which provideing access to no more than two (2) dwelling „n:+s lots
shall be allowed within any subdivisionprovided at least one (1) of the lots has the minimum
street frontage required in section 8-2-4 of this code.
Section 24: That Title 9, Chapter 3, Section 2-5,be and is hereby amended,to read as follows with
underline text to be added and strike-through text to be deleted:
A. Compliance: Private streets may provide access to any„aree' Or no more than ten percent(10%)
of the lots within a planned unit development provided the council determines that the private
streets are in compliance with each of the following standards:
Section 25: That Title 9, Chapter 3, Section 10, be and is hereby amended,to read as follows with
underline text to be added and strike-through text to be deleted:
Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable
fencing material, unless the fence is located on the property line between the required roadway
buffer area and the residential lot, in which case the fence may be a solid wood picture frame or
premium vinyl picture frame fence as identified within the EASD book. If the buffer area is
designed so that the fence is visible from the adjacent roadway, then the fence shall include
decorative columns spaced a maximum of 60-feet apart. Specific buffer area fences and decorative
walls may be allowed as otherwise required in subsection 82A7J of this code. Chain link, cedar,
and similar high maintenance and/or unsightly fencing shall not be permitted within the above
designated areas. A section within the subdivision CC&Rs shall be created for the regulation of
fences to this effect.
Section 26: That Title 9, Chapter 4, Section 1-5,be and is hereby amended,to read as follows with
underline text to be added and strike-through text to be deleted:
All subdividers within the city limits . -: -• - -. . • - .• shall be required to install,
at the subdividers' expense, streetlights in accordance with city specifications and standards at
locations designated by the -administrator- - - Vi n., or �
fepresentative, hereinafter referred to as "administrator"). After installation and aceeptance
inspection and confirmation of installation and operation by the administrator, the city subdivider
(and subsequent homeowners' association) shall assume ownership of the streetlights and shall
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have the right4o pay the cost of maintenance and power in perpetuity.. -: . - - . - -•. .
the streetlights.
Section 27: That Title 9, Chapter 4, Section 1-6,be and is hereby amended,to read as follows with
underline text to be added and strike-through text to be deleted:
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 comprehensive plan and tr-ansportationitrails and pathways master 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 provide access to adjacent:
a. Schools;
b. Public parks;
c. Adopted pathway elements within the comprehensive plan . -: - .. - ; . -
trails and pathways master plan;
D. Pathway Design: While the city may exercise considerable discretion in determining the design
of pathways, the following minimum standards shall be followed:
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 eight feet(8') 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 pathway width to six feet (6'). Regional
pathways 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-five foot (2A5') wide
pedestrian access easement.
F. Sidewalk Design:
3. Sidewalks shall be separated from the edge of the abutting roadway and/or back of curb by a
minimum eight foot (8') wide landscape strip. The landscape strip shall be completed with sod,
automatic irrigation,and planted with three two inch(32")minimum caliper shade class trees along
all streets within the subdivision. Installation of landscaping shall be in accordance with 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.
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Section 28: That Title 9, Chapter 4, Section 1-9,be and is hereby amended,to read as follows with
underline text to be added and strike-through text to be deleted:
C. Pressurized Irrigation Facilities:
1. All residential dwelling units and subdivision common areas shall be provided with a
pressurized irrigation system to be served with irrigation water from a surface water right unless a
waiver, as outlined herein, is approved by the city council.
Section 29: That Title 9, Chapter 4, Section 2-2,be and is hereby amended,to read as follows with
underline text to be added and strike-through text to be deleted:
In lieu of the actual installation of any of the public improvements required by this title, title 8,
conditions of approval from the development agreement, design review, conditional use permit, or
any other required application 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 those requirements which are over and beyond the
requirements of any other agency responsible for the administration, operation and maintenance
of the applicable publie required improvement:
A. Cash Deposit, Certified Check, - . - e `-:: ' , Or Irrevocable Bank Letter Of Credit:
A cash deposit, certified check, - - - . - .: ' ,or an irrevocable bank letter of credit(issued
by a local bank in the Eagle/Boise area), in the amount equal to one hundred fifty percent (150%)
of the estimated construction costs of public.the required 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 the city zoning administrator prior to city acceptance
of said surety. The surety initiation and extension fees shall be established by resolution of the city
council.
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 the
certified check, to the extent of the cost of the completed portion of the public improvement, in
accordance with a previously entered into agreement.
B. Completion Time: All public. required 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 the required improvements during
- as • - , Deeember, Januaff, February, - .4 . • - -. -- • , if
at a minimum, the surety is extended. Notwithstanding the foregoing, 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-ti of this chapter have been installed
along the frontage of the lot that said residence/business is located upon.
Section 30: That Title 9, Chapter 4, Section 2-3,be and is hereby amended,to read as follows with
underline text to be added and strike-through text to be deleted:
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Befefe ,••ae. . -. . . -: . • . . -: - . - . " • -"--
. - . --"- • - • -- " . : • :- . : . • - ".: • :- "-
•-
.- e _ -- -• . . - . . . Prior to the city clerk
signing the final plat,the city shall inspect the subdivision to assure compliance with the approved
plans.
Section 31: That Title 9, Chapter 4, Section 2-4,be and is hereby amended,to read as follows with
underline text to be added and strike-through text to be deleted:
9-4-2-4: FAILURE TO COMPLETE PUBLIC REQUIRED IMPROVEMENT
CONSTRUCTION:
In the event the subdivider shall, in any case, fail to complete such work within the period of time
as required by the conditions of the guarantee for the completion of publie required improvements,
it shall be the responsibility of the city council to proceed to have such work completed. In order
to accomplish this, the city council shall appropriate the cash deposit, certified check, or
irrevocable bank letter of credit,or may take such steps as may be necessary to require performance
by the surety company, and as may be included in a written agreement between the city council
and the subdivider.
Section 32: That Title 9, Chapter 5, Section 8, be and is hereby amended, to read as follows with
underline text to be added and strike-through text to be deleted:
C. Areas Of Critical Concern: The following areas are specifically identified as areas of critical
concern:
1. Boise River Floodplain: The Boise River floodplain 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 most recently
adopted comprehensive plan adopted by the city of Eagle on May-41, 1-993-, as a "special area",
including that portion in the Eagle impact area.
2. Dry Creek Floodplain: The Dry Creek floodplain is designated as an area of critical concern due
to its ecological and scenic significance. This area comprises the"Dry Creek floodplain" as defined
depicted on the land use designation map of the most recently adopted comprehensive plan adopted
by the city of Eagle on May 11, 1-99-3, including that portion in the city of Eagle impact area.
3. North Foothills: 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 most recently
adopted comprehensive plan .:: ; . . •- - - . k.4 . , 1933.
Section 33: 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
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invalid for any reason, such declaration shall not affect the validity of remaining portions of this
ordinance.
Section 34: This ordinance shall take effect and be in force from and after its passage, approval,
and publication as required by law. In lieu of publication of the entire ordinance,a summary thereof
in compliance with Section 50-901A, Idaho Code, may be published.
R
Approved and adopted this/1//::-') day of ce -,' , 2019.
CITY OF EAGLE
Ada ounty, Id
STAN RIDGEWAY
MAYOR
.00 11011111.44
AT EST. G10.4......• G, •,
* • to• •
SHARD ' . BERGMAN N SEAL *
CITY CLARK v'�•:; ��,�•.
ATEt
•, " •••..•••. X
el,<,OF I
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SUMMARY OF
ORDINANCE NO. 820
The following is a summary of Ordinance No. 820, adopted by the City Council of the City of
Eagle, Ada County, Idaho, on December 10, 2019:
AN ORDINANCE OF THE CITY OF EAGLE,ADA COUNTY IDAHO,AMENDING TITLE 6
"PUBLIC WAYS AND PROPERTY", CHAP'IER 7, SECTION 6, AND AMENDING TITLE 8
"ZONING",CHAPTERS 1,2&ARTICLE 2A,3,4,5,6, 7,AND AMENDING TITLE 9"LAND
SUBDIVISIONS", CHAP'I'ERS 1, 2, 3, 4, 5; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
Section 1: Amends Eagle City Code Title 6,Chapter 7, Section 6 to disallow removal of trees from
a public right of way or public land without city approval.
Section 2: Amends Eagle City Code Title 8, Chapter 1, Section 2 to include definitions for
"Accessory Storage Building", "Affected Person", "Automotive Emission Testing Facility",
"Automotive Vehicle Vinyl Wrap Shop", "Emergency", "Live Entertainment Events, City
Sponsored", "Recreation Item, Personal", "Recreational Vehicle", "Shipping/Cargo Container",
"Tattoo Parlors and Body Piercing Establishments",modifying the definitions for"Accessory Use
or Structure", `Brewery", "Commercial Entertainment Facilities", "Microbrewery", "Office,
Medical and Dental", "Park and Recreation Facilities", "Personal Improvement", "Personal
Services", and removing the definitions for"Clinic", and"Professional Activities".
Section 3: Amends Eagle City Code Title 8, Chapter 2, Section 3 to state that land uses that are
not listed in the Official Schedule of District Regulations shall be prohibited, and changing the
Official Schedule of District Regulations by adding Automotive Emission Testing Facility,
Automotive Vehicle Vinyl Wrap Shop, Office, Medical and Dental, and Tattoo Parlors and Body
Piercing Establishments, and removing Clinic.
Section 4: Amends Eagle City Code Title 8, Chapter 2, Section 4 relating to the following
subcategories (1) setback reductions, (2) map reference change.
Section 5: Amends Eagle City Code Title 8, Chapter 2A, Section 1 to change the language"a fee
as prescribed from time to time..."to "a fee established by resolution..." and to state that design
review paint change applications are not required to comply in all respects with the requirements
of Eagle City Code 8-2A.
Section 6: Amends Eagle City Code Title 8, Chapter 2A, Section 6, Paragraph B to permit
powdered coated chain link fences for use on school sites, to include the word "building" in
Architectural appurtenance height restrictions, to require trash and recycle services for multi-
family developments and to require storage areas for the receptacles, and to include a waiver
provision.
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Section 7: Amends Eagle City Code Title 8, Chapter 2A, Section 7, Paragraph C regarding the
retention,removal, and replacement of trees within the city.
Section 8: Amends Eagle City Code Title 8, Chapter 2A, Section 7, Paragraph D regarding the
pruning of trees planted adjacent to any street.
Section 9: Amends Eagle City Code Title 8, Chapter 2A, Section 7, Paragraph H to permit the
submittal of a surety in lieu of the completion of landscaping year-round and to require completion
of landscaping prior to the issuance of a final certificate of occupancy.
Section 10: Amends Eagle City Code Title 8, Chapter 2A, Section 7, Paragraph J, to update the
map reference to "Master Street Typologies map"within the comprehensive plan.
Section 11: Amends Eagle City Code Title 8, Chapter 2A, Section 7, Paragraph M to remove
"Sidewalks shall be required when space permits".
Section 12: Amends Eagle City Code Title 8, Chapter 2A, Section 18 to remove"certificate of
deposit"as an acceptable form of surety.
Section 13: Amends Eagle City Code 8, Chapter 3, Section 2 to regulate the use of shipping
containers, to include recreational vehicles in the regulations for the storage of vehicles without
current license plates, to change the reference of"boats, motor homes..." to "personal recreation
items", to expand the on-street and off-street parking and storage regulations for recreational
vehicles and personal recreation items, and to require the inclusion of enclosed recycle bin
collection areas for commercial, industrial, and multi-family residential uses.
Section 14: Amends Eagle City Code Title 8, Chapter 3, Section 3 to update the map reference to
"Master Street Typologies map" within the comprehensive plan and to permit the replacement of
a wooden fence that existed prior to the effective date hereof and provided the fence has a picture
frame appearance as shown in the EASD Book.
Section 15: Amends Eagle City Code Title 8, Chapter 3, Section 5 to change"accessory building
to "accessory storage building", to permit the placement of an accessory storage buildin
(maximum height of 35-feet) within the front or street side yard area located within the A and A-
R
zodistricts provided it is architecturally compatible with the principal residence on the lot,
to permit an accessory storage building (maximum height of 30-feet) within the R-E zoning
district, to prohibit the use of any shipping/cargo container, railroad cars, truck vans, converted
mobile homes,travel trailers,recreational vehicles,bus bodies,vehicles,and similar prefabricated
items and structures as an accessory storage building or living unit, to permit the temporary
placement of transport containers and/or portable site storage containers on residentially zoned or
used properties for the limited purpose of loading and unloading household contents for a period
of time not exceeding 30 days in any one calendar year, to clarify that only family members
residing on the premises may be engaged in a home occupation within the dwelling unit and
attached garage, and to prohibit the home occupation within accessory structures.
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Section 16: Amends Eagle City Code Title 8, Chapter 4, Section 4-2 to remove the regulation for
handicapped parking spaces.
Section 17: Amends Eagle City Code Title 8, Chapter 4, Section 5 to update the parking
requirements for apartments/multi-family dwellings.
Section 18: Amends Eagle City Code Title 8, Chapter 5, Section 2 to update the regulations for
nonconforming uses.
Section 19: Amends Eagle City Code Title 8, Chapter 7, Section 4-5 to update (and include new)
procedures for reconsideration by affected persons.
Section 20: Amends Eagle City Code Title 8, Chapter 7, Section 8, Paragraphs B, C, and D to
require neighborhood meetings for annexation applications and to expand the mailed notification
requirements for neighborhood meetings,to expand the mailed notification requirements for public
hearing notification for annexation, comprehensive plan land use map amendment, zoning
ordinance map amendment, development agreement, conditional use permit, variance, planned
unit development, and subdivision applications,to remove the alternate provision to provide three
(3)notices in the official newspaper in lieu of direct mailing when mailed notice is required to 200
or more property owners, and to remove the requirement to provide a six inch by six inch graphic
representation for publication in the official newspaper for public hearing notification for
comprehensive plan land use map or zoning ordinance map amendments.
Section 21: Amends Eagle City Code Title 9, Chapter 1, Section 6 to include definitions for
"Driveway", "Irrigation Water","Pressurized Irrigation System",and modifying the definition for
"Administrator".
Section 22:Amends Eagle City Code Title 9,Chapter 2, Section 3 to exclude the use of a combined
preliminary and final plat application for subdivisions that include private streets, to require the
submitted preliminary plat to be stamped by licensed Idaho professional land surveyor or a
licensed Idaho registered professional engineer, to require the submitted preliminary engineering
plans to be stamped by a licensed Idaho registered professional engineer, and to update the
application submittal requirements for a preliminary plat.
Section 23: Amends Eagle City Code Title 9, Chapter 3, Section 2-1 to limit the use of driveways
within subdivisions to serve a maximum of two(2)lots provided one(1)of the lots has the required
street frontage.
Section 24: Amends Eagle City Code Title 9, Chapter 3, Section 2-5 to limit the use of private
streets to provide access to no more than ten percent (10%) of the lots within a planned unit
development.
Section 25: Amends Eagle City Code Title 9, Chapter 3, Section 10 to update fencing regulations
within subdivisions.
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Section 26: Amends Eagle City Code Title 9, Chapter 4, Section 1-5 to require streetlights within
a subdivision to be owned and maintained by the subdivider (and subsequent homeowners'
association) in perpetuity.
Section 27: Amends Eagle City Code Title 9, Chapter 4, Section 1-6 to require the placement of
pathways within subdivisions to comply with the comprehensive plan and the trails and pathways
master plan, to change the name reference from "ridge to rivers pathways plan" to "trails and
pathways master plan", to increase the pedestrian access easement width for regional pathways
from 20-feet to 25-feet,and to change the size of trees to be planted in the landscape strip between
the curb and sidewalk to two inches (2") in caliper.
Section 28: Amends Eagle City Code Title 9, Chapter 4, Section 1-9 to require all subdivision
common areas to be provided with a pressurized irrigation system using irrigation water from a
surface water right.
Section 29: Amends Eagle City Code Title 9, Chapter 4, Section 2-2 to update the surety/financial
guarantee timelines and requirements for required improvements.
Section 30: Amends Eagle City Code Title 9, Chapter 4, Section 2-3 to require city inspection and
sign off of the subdivision required improvements to assure compliance with the approved plans
prior to the city clerk signing the final plat.
Section 31: Amends Eagle City Code Title 9, Chapter 4, Section 2-4 to change "public
improvement"to "required improvement".
Section 32: Amends Eagle City Code Title 9, Chapter 5, Section 8 to change the reference of the
adopted comprehensive plan to the most recent version.
Section 33: Provides for severability.
Section 34: Provides an effective date and for publication by summary.
The full text of Ordinance No. 820 is available at City Hall and will be provided to any citizen
upon personal request during normal office hours.
Stan Ridgeway, Mayor
Attest: Sharon K. Bergmann, City Clerk/Treasurer
Publication Requested: , 2019
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CERTIFICATION OF ATTORNEY
I, the undersigned, an attorney at law duly licensed in the State of Idaho and serving as counsel to
the City of Eagle, Idaho, hereby certify that I have read the above Summary of Ordinance No. 820
of the City of Eagle and that the same is true and complete and provides adequate notice to the
public of the contents of said ordinance.
Dated this 3 0 day of December 2019.
Victor Villegas v
Borton-Lakey Law& Policy
City Attorney, City of Eagle
Page 5 of 5
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Idaho Statesman (:;,,yo,EAGLE ;
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AFFIDAVIT OF PUBLICATION
Account# Ad Number Identification PO Amount Cols Deoth
263905 0004519677 SUMMARY OF ORDINANCE NO.820 The follow ORD 820 SUM $418.16 4 12.22 In
Attention: Tracy E. Osborn VICTORIA RODELA, being duly sworn,
deposes and says:That she is the
CITY OF EAGLE/LEGALS Principal Clerk of The Idaho
PO BOX 1520 Statesman,a daily newspaper printed
EAGLE, ID 83616 and published at Boise,Ada County,
State of Idaho, and having a
general circulation therein,and which
said newspaper has been
continuously and uninterruptedly
published in said County during a
period of twelve consecutive months
prior to the first publication of the
notice,a copy of which is attached
hereto:that said notice was published
in The Idaho Statesman, in conformity
with Section 60-108,Idaho Code,as
amended,for:
1 Insertions
Beginning issue of: 01/09/2020
Ending issue of: 01/09/2020
Yr: -17)C- 2- 'Kt --
i _Lit_(/*: .....---
(Legals Clerk)
On this 9th day of January in the year
of 2020 before me,a Notary Public,
personally appeared before me
Victoria Rodela known or identified to
me to be the person whose name
subscribed to the within instrument,
and being by first duly sworn,
declared that the statements therein
are true,and acknowledged to me
that she executed the same.
.1
Notary Public in and for the state of
Texas, residing in Dallas County
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SUMMARY OF
ORDINANCE NO.820
The following is a summary of Ordinance No.820, adopted by the City Council of the City of Eagle,Ada County, Idaho, on December 10,
2019:
AN ORDINANCE OF THE CITY OF EAGLE,ADA COUNTY IDAHO,AMENDING TITLE 6"PUBLIC WAYS AND PROPERTY",CHAPTER 7,SECTION
6,AND AMENDING TITLE 8"ZONING",CHAPTERS 1,2&ARTICLE 2A, 3,4,5,6,7,AND AMENDING TITLE 9"LAND SUBDIVISIONS",CHAP-
TERS 1,2,3,4,5;PROVIDING A SEVERABILITY CLAUSE;AND PROVIDING AN EFFECTIVE DATE.
Section 1:Amends Eagle City Code Title 6,Chapter 7,Section 6 to disallow removal of trees from a public right of way or public
land without city approval.
Section 2: Amends Eagle City Code Title 8,Chapter 1, Section 2 to include definitions for"Accessory Storage Building","Affect-
ed Person", "Automotive Emission Testing Facility", "Automotive Vehicle Vinyl Wrap Shop", "Emergency", "Live Entertainment Events, City
Sponsored", "Recreation Item, Personal", "Recreational Vehicle", "Shiving/Car�o Container", "Tattoo Parlors and Boder Piercing Establish-
ments", modifying the definitions for"Accessory Use Structure", "3rewery", Commercial Entertainment Facilities", Microbrewery", "Of-
fice, Medical and Dental", "Park and Recreation Facilities", "Personal Improvement", "Personal Services", and removing the definitions for
"Clinic",and"Professional Activities".
Section 3: Amends Eagle City Code Title 8,Chapter 2,Section 3 to state that land uses that are not listed in the Official Sched-
ule of District Regulations shall be prohibited, and changing the Official Schedule of District Regulations by adding Automotive Emission
Testing Facility,Automotive Vehicle Vinyl Wrap Shop,Office,Medical and Dental,and Tattoo Parlors and Body Piercing Establishments,and
removing Clinic.
Section 4: Amends Eagle City Code Title 8,Chapter 2,Section 4 relating to the following subcategories(1)setback reductions,
(2)map reference change.
Section 5: Amends Eagle City Code Title 8, Chapter 2A, Section 1 to change the language"a fee as prescribed from time to
time..."to"a fee established by resolution..."and to state that design review paint change applications are not required to comply in all re-
spects with the requirements of Eagle City Code 8-2A.
Section 6:Amends Eagle City Code Title 8,Chapter 2A,Section 6,Paragraph B to permit powdered coated chain link fences for
use on school sites,to include the word "building" in Architectural appurtenance height restrictions,to require trash and recycle services
for multi-family developments and to require Storage areas for the receptacles,and to include a waiver provision.
Section 7:Amends Eagle City Code Title 8, Chapter 2A, Section 7, Paragraph C regarding the retention, removal, and replace-
ment of trees within the city.
Section 8:Amends Eagle City Code Title 8,Chapter 2A,Section 7,Paragraph D regarding the pruning of trees planted adjacent
to any street.
Section 9:Amends Eagle City Code Title 8,Chapter 2A, Section 7,Paragraph H to permit the submittal of a surety in lieu of the
completion of landscaping year-round and to require completion of landscaping prior to the issuance of a final certificate of occupancy.
Section 10:Amends Eagle City Code Title 8,Chapter 2A,Section 7, aragraph J,to update the map reference to"Master Street
Typologies map"within the comprehensive plan.
Section 11:Amends Eagle City Code Title 8, Chapter 2A, Section 7,Paragraph M to remove"Sidewalks shall be required when
space permits":
Section 12:Amends Eagle City Code Title 8,Chapter 2A,Section 18 to remove"certificate of deposit"as an acceptable form of
surety.
Section 13:Amends Eagle City Code 8 Chapter 3, Section 2 to regulate the use of shipping containers,to include recreational
vehicles in the regulations for the storage of vehic es without current license plates,to change the reference of"boats, motor homes..."to
"personal recreation items",to expand the on-street and off-street parking and Storage regulations for recreational vehicles and personal
recreation items,and to require the inclusion of enclosed recycle bin collection areas for commercial,industrial,and multi-family residential
uses.
Section 14:Amends Eagle City Code Title 8,Chapter 3,Section 3 to update the map reference to"Master Street Typologies map"within the comprehensive plan and to permit the replacement of a wooden fence that existed prior to the effective date hereof and pro-
vided
the fence has a picture frame appearance as shown in the EASD Book.
Section 15:Amends Eagle City Code Title 8,Chapter 3, Section 5 to change"accessory building"to"accessory storage buildin-
g",to permit the placement of an accessory storage building(maximum height of 35-feet)within the front or street side yard area located
within the A and A-R zoning districts provided it is architecturally compatible with the principal residence on the lot,to permit an accessory
storage building (maximum height of 30-feet)within the R-E zoning district, to prohibit the use of any shipping/cargo container, railroad
cars, truck vans, converted mobile homes, travel trailers, recreational vehicles, bus bodies, vehicles, and similar prefabricated items and
structures as an accessory storage building or living unit,to permit the temporary placement of transport containers and/or portable site
storage containers on residentially zoned or used properties for the limited purpose of loading and unloading household contents fora peri-
od of time not exceeding 30 days in any one calendar year,to clarify that only family members residing on the premises may be engaged in
a home occupation within the dwelling unit and attached garage,and to prohibit the home occupation within accessory structures.
Section 16:Amends Eagle City Code Title 8,Cha iter 4,Section 4-2 to remove the regulation for handicapped parking spaces.
Section 17: Amends Eagle City Code Title 8, C iapter 4, Section 5 to update the parking requirements for apartments/mufti-
family dwellings.
Section 18:Amends Eagle City Code Title 8,Chapter 5,Section 2 to update the regulations for nonconforming uses.
Section 19:Amends Eagle City Code Title 8,Chapter 7, Section 4-5 to update(and include new)procedures for reconsideration
by affected persons.
Section 20:Amends Eagle City Code Title 8,Chapter 7,Section 8,Paragraphs B,C,and D to require neighborhood meetings for
annexation applications and to expand the mailed notification requirements for neighborhood meetings,to expand the mailed notification re-
quirements for public hearing notification for annexation, comprehensive plan land use map amendment, zoning ordinance map amend-
ment, development agreement, conditional use permit,variance, planned unit development,and subdivision applications,to remove the al-
ternate provision to provide three(3)notices in the official newspaper in lieu of direct mailing when mailed notice is required to 200 or more
properly owners,and to remove the requirement to provide a six inch by six inch graphic representation for publication in the official news-
paper for public hearing notification for comprehensive plan land use map or zoning ordinance map amendments.
Section 21:Amends Eagle City Code Title 9,Chapter 1, Section 6 to include definitions for"Driveway","Irrigation Water","Pres-
surized Irrigation System",and modifying the definition for"Administrator".
Section 22:Amends Eagle City Code Title 9,Chapter 2,Section 3 to exclude the use of a combined preliminary and final plat air
plication for subdivisions that include private streets,to require the submitted preliminary plat tobe stamped by licensed Idaho professional
and surveyor or a licensed Idaho registered professional engineer,to require the submitted preliminary engineering plans to be stamped by
a licensed Idaho registered professional engineer,and to update the application submittal requirements for a preliminary plat.
Section 23:Amends Eagle City Code Title 9, Chapter 3, Section 2-1 to limit the use of driveways within subdivisions to serve a
maximum of two(2)lots provided one(1)of the lots has the required street frontage.
Section 24:Amends Eagle City Code Title 9, Chapter 3, Section 2-5 to limit the use of private streets to provide access to no
more than ten percent(10°6)of the lots within a planned unit development.
Section 25:Amends Eagle City Code Title 9,Chapter 3,Section 10 to update fencing regulations within subdivisions.
Section 26:Amends Eagle City Code Title 9,Chapter 4,Section 1-5 to require streetligits within a subdivision to be owned and
maintained by the subdivider(and subsequent homeowners'association)in perpetuity.
Section 27:Amends Eagle City Code Title 9,Chapter 4, Section 1-6 to require the placement of pathways within subdivisions to
comply with the comprehensive plan and the trails and pathways master plan,to change the name reference from"ridge to rivers pathways
plan"to"trails and pathways master plan",to increase the pedestrian access easement width for regional pathways from 20-feet to 25-feet,
and to change the size of trees to be planted in the landscape strip between the curb and sidewalk to two inches(2")in caliper.
Section 28:Amends Eagle City Code Title 9,Chapter 4,Section 1-9 to require all subdivision common areas to be provided with
irrigation a pressurized irrigation system using water from a surface water right.
Section 29:Amends Eagle City Code Title 9, Chapter 4, Section 2-2 to update the surety/financial guarantee timelines and re-
quirements for required improvements.
Section 30:Amends Eagle City Code Title 9,Chapter 4, Section 2-3 to require city inspection and sign off of the subdivision re-
quired improvements to assure compliance with the approved plans prior to the city clerk signing the final plat.
Section 31:Amends Eagle City Code Title 9,Chapter 4,Section 2-4 to change"public improvement"to"required improvement".
Section 32:Amends Eagle City Code Title 9,Chapter 5, Section 8 to change the reference of the adopted comprehensive plan
to the most recent version.
Section 33:Provides for severability.
Section 34:Provides an effective date and for publication by summary.
The full text of Ordinance No. 820 is available at City Hall and will be provided to any citizen upon personal request during normal office
hours.
Stan Ridgeway,Mayor
Attest: Sharon K.Bergmann,City Clerk/Treasurer CERTIFICATION OF ATTORNEY
I,the undersigned, an attorney at law duly licensed in the State of Idaho and serving as counsel to the City of Eagle, Idaho,hereby certify
that I have read the above Summary of Ordinance No. 820 of the City of Eagle and that the same is true and complete and provides ade-
quate notice to the public of the contents of said ordinance.
Dated this 30th day of December 2019.
/s/ Victor Villegas
Victor Villegas
Borton-Lakey Law&Policy
City Attorney,City of Eagle