Ordinance - 2010 - 638 - Amend Title 8/Design Review Overlay District - 11/23/2010
ORDINANCE 638
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO AMENDING EAGLE CITY
CODE TITLE 8 "ZONING", CHAPTER 2A "DESIGN REVIEW OVERLAY DISTRICT";
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under the laws
of the State of Idaho; and
WHEREAS, pursuant to Chapter 65, Title 67, Idaho Code, the City of Eagle has the authority to adopt,
establish and amend a Zoning Ordinance; and
WHEREAS, the proposed changes to the zoning ordinance are in accordance with Eagle's comprehensive
plan; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
EAGLE, Ada County, Idaho;
Section 1: That Title 8 "Zoning", Chapter 2A "Design Review Overlay District", Section 8 "Sign
Regulations", Subsection D "Special Portable Signs" be and is hereby amended, in part, with the
underlined text added and the strikethrough text deleted to read as follows, with the remainder of 8-2A-8
to remain unchanged except as otherwise specified herein:
D. Special Portable Signs: Special portable signs, which are not classified as portable temporary signs
as regulated within this title, which are used on an ongoing daily basis throughout the year may be
permitted by the city if the following criteria is compl ied with:
1. Special portable signs shall require a design review application and design revievl board city
council approval.
2. Special portable signs shall be unique in character with styles designed in accordance with Eagle
architecture. Materials shall be weatherproofed and shall be properly maintained.
3. Illumination for special portable signs is prohibited.
4. No more than one special portable sign shall be permitted for any business.
5. Special portable signs shall be a maximum of sixteen (16) square feet along roadways with three
(3) or less travel lanes with a speed limit of twenty five (25) miles per hour or less and twenty
five (25) square feet along roadways with more than three (3) travel lanes or along roadways with
a speed limit of over twenty five (25) miles per hour.
6. Special portable signs shall be a maximum of five feet (5') in height along roadways with three (3)
or less travel lanes with a speed limit of twenty five (25) miles per hour or less and seven feet (7')
in height along roadways with more than three (3) travel lanes or along roadways with a speed
limit of over twenty five (25) miles per hour.
Page 1 of 6
K:\Planning DepllEagle ApplicaLionsIZOA\2009\ZOA-] -09 8-1A ord cc version 11-9-1O.doc
7. Special portable signs shall only be permitted on, or on the sidewalk adjacent to, the parcel on
which the business is located and shall not be permitted on any other parcel except that any multi-
tenant site shall have the sign on the site and not on any other site.
8. Special portable signs on a public sidewalk abutting the business's parcel may be permitted if a
minimum of five feet (5') of unobstructed walkway, or ADA required minimum, remains for
pedestrians.
9. Any sign in a driveway or street sight vision triangle shall be a maximum of thirty two inches
(32") high measured from the driveway or street.
10. Special portable signs shall not be permitted to be on or within any berm or any portion of a
landscaped area unless the sign is placed in a location so it is level and does not inhibit or block
an irrigation system or maintenance or access thereto.
11. Special portable signs shall be moved inside of the building at the end of each business day.
12. Special portable signs shall be permitted for no longer than six (6) months per calendar year
unless a six (6) month extension of time is approved by the Zoning Administrator. Upon finding
that the subiect special portable sign remains in good repair and finish, the Zoning Administrator
may grant subsequent six (6) month extensions. This administrative decision may be appealed to
the city council in accordance with Section 8-7-4 of this code.
-h?, 13. Banner signs shall not be considered special portable signs.
Section 2: That Title 8 "Zoning", Chapter 2A "Design Review Overlay District", Section 9
"Procedures", Subsection A "Administrative Design Review" be and is hereby amended, in part, with
the underlined text added and the strikethrough text deleted to read as follows, with the remainder of 8-
2A-9 to remain unchanged except as otherwise specified herein:
A. Administrative Design Review: All applications for design review of site and building
development or alteration as specified below shall be reviewed by the zoning administrator~
subiect to final approval by the city council, in accordance with the criteria listed and set forth
in this article. f.ny applieant shall be entitled to appeal the zoning administrator's deeision to
the design review board.
1. All minor alterations to existing buildings and sites, including signs, special portable signs,
and minor landscaping.
2. An alteration or addition to an existing structure which is twenty five percent (25%) or less
of the gross floor area for buildings which are twenty thousand (20,000) square feet or smaller.
3. All signs not requiring a master sign plan application and +!enant wall sign applications
made pursuant to the requirements of an approved master sign plan application and this code.
Any signage proposed with a new building requires design review board review and approval.
4. Applicant must meet all city codes.
Page 2 of 6
K:\Planning DepllEagle ApplicalionslZOA \2009\ZOA-I-09 B-1A ord cc version j 1-9- JO.doc
Section 3: That Title 8 "Zoning", Chapter 2A "Design Review Overlay District", Section 13 "Procedure
for Approval", Subsection A "Design Review Board Action", Item 1 be and is hereby amended, in part,
with the underlined text added to read as follows, with the remainder of 8-2A-13 to remain unchanged
except as otherwise specified herein:
1. Recommendation By The Design Review Board: Following a complete review of the design review
application, the design review board shall recommend to the council that the application be
approved as presented, approved with supplementary conditions, continued for further review, or
disapproved. The design review board shall specify:
a. The ordinance and standards used in evaluating the application;
b. The reasons for the recommendation of approval or denial;
c. The actions, if any, that the applicant could take to obtain approval.
Section 4: That Title 8 "Zoning", Chapter 2A "Design Review Overlay District", Section 13 "Procedure
for Approval", Subsection B "Action By the City Council" is hereby amended with the underlined text
added and the strikethrough text deleted to read as follows, with the remainder of 8-2A-13 to remain
unchanged except as otherwise specified herein:
B. Action By The City Council: The city council shall either approve, approve with supplementary
conditions, or deny the design review application as presented. Within tea (10) seven (7)
\yorkiRg calendar days after a written decision has been rendered by the city council, the zoning
administrator shall provide the applicant with written notice of the action on the request.
Section 5: That Title 8 "Zoning", Chapter 2A "Design Review Overlay District", Section 14 "Appeals"
be and is hereby amended, in part, with the underlined text added and the strikethrough text deleted to
read as follows, with the remainder of 8-2A-14 to remain unchanged except as otherwise specified herein:
.'\. i\ppeal Of Zoning .^.dministrator Deeisions: .^.ny final decision on afl administrative design
review application by the zoning admiRistrator may be appealed to tHe desigR review board by
tHe applicant. The appealing party shall file a 'Nritten notice of appeal stating speeifieally '::hieh
reqHirefl'leRts are to be addressed by the design reyie'N board and the grounds for the appeal ':lith
the zoning administrator before five o'clock (5:00) P.M. of the tenth ealeRdar day after the final
decision or determination has been made by the zoning administrator. The basis of tHe appeal
shall inclHde the following:
1. Nafl'le, mailing address, and telephone number of the appealing party.
2. Date aRd sHbjeet matter of the final decision being appealed.
3. lneoflsisteacy ,::ith the pHrpose and objecti','es of the ordinanee affeeted by the final
decision.
4. Um-easonable eeoflomie hardship of the final decision (if applieable).
5. UfldHe interference 'liith the desigFl integrity of the proposal.
Page 3 of 6
K:\Planning DepllEagle ApplicalionsIZOA\2009\ZOA-I-09 S-lA ord cc version 11-9-1O.doc
6. Diseriminatory preveRtiOfl of allowed land use (if applieable).
7. Consideration by the design re'liew board of improper motive or irrelevant iRf-ermatiefl
sHeh as the race, ethflie origiR, ineomes, or other attributes of tHe proposed OeeHpaRts or
O'Nners (if applicable).
8. UFlwarranted restrietioFl of bl:lilding type, material, or method.
B. ,^.ction By THe DesigFl Review Board: 'Nithin t'.'lenty one (21) calefldar days after r-eeeipt of aFl
appeal, tHe zOfling administrator shall fix a date for a public meeting of the appeal before the
desigFl revievl board aFld notify the appealing party with no fl:lrther flotifieation being required.
C. Proeeooral Requirements Met: The zOFling administrator shall ascertain tHat all proeedural
reqHiremeRts have been met aFld seHedl:lle the appeal for the desigFl revie'N board meeting
f-ollowing the cutoff date sooseqHent to submittal of the appeal. ,'\ll pertineRt informatiofl shall
be forwarded to tHe design review board vlho may sl:lstain, deFlY, amefld, or modify the appeal or
any eOBditioFls which are a part of the actioFl taken by the zoning admiRistrator.
A. Appeal of the Design Review Board Decision: Any final decision by the Design Review
Board may be appealed to the City Council. Within fourteen (14) calendar days following the
design review board's adoption of findings of fact and conclusions of law, the appealing party
shall file a written notice of appeal with the city clerk before five o'clock (5:00) P.M. or close
of business, whichever occurs later, specifically identifying which requirements are appealed
to the City Council and all reasons, factual and legal, why the decision of the design review
board should be overturned or modified
g. B. Action By The City Council: Upon appeal to the council by either the zClning administrator or
the appealing party, tHe e01:l1lcil may either approve, approve with sHpplemefltary eonditions, or
deny tHe appeal as presented. 'Nithin ten (10) working days after a deeisiofl has been rendered
by the e01:l:Reil, the zoning administrator shall pro'lide the applieaflt with '.vrittefl flotiee Clf tHe
action OFl tHe reql:lest. Within twenty five (25) calendar days from receipt of the written notice of
appeal, the zoning administrator shall set a hearing date for the appeal to be heard by the city
council. The zoning administrator and the city attorney shall provide the appellant and the city
council with a written response to the notice of appeal, including any other documents filed by
the appellant, at least three (3) calendar days prior to the appeal hearing. After hearing the
appeal. the city council may approve, approve with supplementary conditions, or deny the
appeal as presented. Within fourteen (14) calendar days after a written decision has been
rendered by the city council. the zoning administrator shall provide the appellant with written
notice of the decision.
Section 6: That Title 8 "Zoning", Chapter 2A "Design Review Overlay District", Section 15 ''Term of
Approval" be and is hereby amended, in part, with the underlined text added and the strikethrough text
deleted to read as follows, with the remainder of 8-2A-15 to remain unchanged except as otherwise
specified herein:
A. Any approval given pursuant to the provisions of this article shaUlapse and become null and void
twelve (12) months following the date on which it was given, unless, prior to the expiration date,
construction or development is commenced and diligently pursued toward completion on the site
which was the subject of the application. Upon written request to the zOFliRg admiRistrator,
eOBtaining tHe reasons thereof, the administrator may grant ext-ensioRs of time f-or approved design
Page 4 of 6
K:\Planning DepLlEag1e ApplicalionsIZOA\2009\ZOA-1-09 B-2A ord cc version 11-9-1O.doc
review applicatioFls, pro','ided the administrator finds the proposed developmem complies with
current ordiFl:aRee requirements.
1. A maximum twelve (12) month extension of the time limit of. the approved design review
application may be approved by the city council, at its sole discretion, if the following findings are
made:
a. There are no outstanding city code or design review conditions of approval violations on the
subiect property. If such violations exist, they may be conditioned by the City Council to be
cured as a condition of the extension of time;
b The design review application, as {Jreviously approved, remains in the best interests of the
health, safety, and general welfare of the city;
c There have been no significant changes to city code between the date of application approval
and the application date of the time extension request that would require substantial
modifications to the proiect;
d. There are no hazardous conditions which have developed or have been discovered on the
proiect site; and,
e. The public facilities and services required for the proiect remain adequate;
f. The applicant has provided a viable and acceptable plan which demonstrates that the proiect
will commence within the year; and,
g. The applicant has provided a schedule that depicts the anticipated progress of the proiect.
2.The City Council reserves the right to revoke the extension of time approval if it finds that any of
the criteria herein are not met.
3. This section does not limit the number of extensions the city council may grant to an applicant so
long as the criteria set forth in section 8-2A-15 (A)(l) are met. Nothing in this ordinance requires the
city council to grant any extension of an approval period.
Section 7: If any provIsIOn in this Ordinance shall be declared by any court of competent
jurisdiction to be contrary to law, then such provision shall be null and void and shall be deemed
separable from the remaining provisions in this Ordinance and shall in no way affect the validity of the
other provisions of this Ordinance or Eagle City Code.
Section 8: All prior ordinances or parts thereof, to the extent inconsistent herewith, are hereby
repealed and shall, to the extent of such inconsistency, have no further force or effect.
Section 9: This Ordinance, or a summary thereof in compliance with Section 50-901A, Idaho Code,
shall be published once in the official newspaper of the City, and shall take effect immediately upon its
passage, approval, and publication.
Page 5 of 6
K:\Planning DeptlEagle ApplicaLionsIZOA\1009\ZOA- 1-09 B-1A ord cc version 11-9-IO.doc
Adopted by the Eagle City Council, Eagle, Idaho, on thi~day of No V ,2010.
CITY OF EAGLE, IDAHO
Ada County, Idaho
ATTEST:
",,,........
", '.
......' 0 'ill. Y.LS ....
.. ....' ...... ....
...... .... ? ..J;AlIO.JN/ ... '\
: C> ...:;:. ~ .. * ~
: ~..~ ^ ? e. ':
.. ...... ....1.? ...
: ::r: .~^""""l , ("') \ :
- :-.~. o.n:
: : ' ~ :....:
~.. o'b : "'"I =
~ *.. .El 1. ,,~ ... ~ ~
"'", e. . 0 ..
" ......... ~ .':'
"" Ella'IJ'i\. ..,....
".,..,. U I "."",
Page 6 of 6
K:\Planning DepllEagle AppliCalionsIZOA\2009\ZOA-I-09 R- 2A ord cc version 11.9-IO.doc
RECEIVED & FILED
CITY OF EAGLE
Valley Times 2W1
P.O. Box 1790-Eagle,Idaho 83616 JAN Z 4
LEGAL ADVERTISING PROOF OF PUBLICATION FlPUBLICATION
Route to:
Account CL1 1 d uk Identification: C J A- h ,c3 /V° • ro 3 r
Address: V(0 t - c, v ,_ LC( h kRun Dates: 1 L ` L 2.o ( c�
(- ' . l ,T h 3 6( b
Number Lines 3 7-c, Amount 3360,q
December 6, 2010
,> Legal Notices , b g duly sworn, s
- It he is the Principal Cleric of
oemNANCE 638 tidy published at
tae State of Idaho; that the said
AN ORDINANCE OF THE cm,/OF EAGLE,ADA COUNTY IDAHO AMENDING EAGLE Cr 14, crest ckculation in the said
CODE TITLE 8 "ZONING". CHAPTER 2A "DESIGN REVIEW OVERLAY DISTRIC,'. ;
PROVIDING A SEVERABILITY CLAUSE;AND PROVIDING AN EFFECTIVE DATE vicinity of erupt dly
Id has been uninterruptedly
WHEREAS,the City of Eagle,Idaho is a municipal corporation organized and operating under the laws id County during a period of
of the State of Idaho;and
utrve weeks prior to the first
WHEREAS,pursuant to Chapter 65,Title 67,Idaho Code,the City of Eagle has the authority to adopt, a copy of which is attached
establish and amend a Zoning Ordinance;and
the notice was published in
WHEREAS,the ,:ed changes to the zoning ordinance are in accordance with Eagle's i.1.,With Section st3-�0$,
plan;and comprehensive �T
emended,for I tirne(s)
NOW, in' a'IRE,BE IT ORDAINED BY THE MAYOR AND CTTY COUNCIL OF THE CITY OF ire issue of said paper, and
EAGLE,Ada ,Idaho; spaper proper,and not in a
"motion 1: That Title 8 "Zoning", Chapter 2A"Design Review Overlay District",Section 8"Sign t said notice was published
Reg i text added and the Subsection "Special Portable Signs" be and is hereby amended, in pat, with the on the following dates:
u remain unchanged smkedvough teat deleted to read as follows,with the remainder of 8-2A-8 t
hanged except as otherwise specified herein: �► a$vin ✓ Za Z 1
d /
D.Special P r k.Signs:Special portable signs,which are not classified as portable temporary signs 2
as regulated within this title,which are used on an ongoing daily basis throughout the year may be lt
permitted by the city if the following criteria is complied with: y to
1.Special portable signs shall require a design review application and -2.-r �f 2 u I
gaga approval. n
2.Special portable signs shall be unique in character with styles designed in accordance with Eagle separ
architecture.Materials shall be weatherproofed and shall be properly maintained.
3.Illumination for prohibited.
portable signs is ohibited, other STATE OF IDAHO)
Sean )SS
repels
4.No more than one special portable sign shall be permitted for any business. /,,,.,��� COUNTY OF ADA 1
5.Special portable signs shall be a maximum of sixteen(1 b)square feet K• in the year of 20f I
(3)less travel lanes with a speed limit of twenty five Msi.,,;r....va�-roadways with three P , personally appeared]
1.All minor aherations to existing buildings and sites,including si A to IT1e to be the person
and minor lr ah scalping. i to the within instrument,
2.An alteration or addition to an existing structure which is twenty five percent kit «less f sworn, dedared that the
of the gross hoar area for buildings which are twenty tlrousand(2Q,Of1D)were feet a smatter. Ada ackno� eedged to me that
3.All slats not realizing a truster sign Kati aooltcauar q}etuot wall augn applicatrotts he executed the same.
triode Pursuant to Ate mquireme is of an approvod[raster sign plan application and this Code. v�
1 Any simaaaee paroposed wilts new helium¢reaunes resima review bard ieyiaw std aitoroval. fldary Public fix Idaho
4.Applicant must meet all city codes.
ReSld at , lQ
14 (Ordinance 638 continued at top of next page, above at right)
ykpires:
pea M ATI
Fs -i.+m II inletlutotuap tp!yM usia algeirloxu pus own a pap!AOm an nzvns doe au.'J
'alenbape unit=toa!ora Sill mI poi!nbai$a7IAISs NO tali!l
I aeJ a!pgrna mil'n an
78V8781Mikild .,
alp 110 pa»AOO.p VON MA b W![ManOp oat'go!gni sbotu