Ordinance - 2012 - 686 - Amend Title 8/Setbacks - 10/23/2012 ORDINANCE NO. 686
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO AMENDING EAGLE CITY
CODE TITLE 8 "ZONING", CHAPTER 2 "ZONING DISTRICTS AND MAP", SECTION 4,
"SCHEDULE OF BUILDING HEIGHT AND LOT AREA REGULATIONS"; 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
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF EAGLE, Ada County, Idaho;
Section 1: Eagle City Code Title 8 "Zoning", Chapter 2, "Zoning Districts and Map", Section 4,
"Schedule of Building Height and Lot Area Regulations" is hereby amended with the underlined text
added to read as follows:
A. Setback reductions (to be measured from the foundation to the property line):
1.No portion of the structure may extend more than 2 feet into the side yard setback;
2. Open structures such as porches, canopies, balconies, platforms, carports, covered patios and similar
architectural projections shall be considered part of the building to which they are attached and shall
not project more than 15 feet into the required rear yard setback;
3. Open porches for residential dwelling units shall not project more than 5 feet into the required front
yard setback;
4. A single-family dwelling unit that utilizes a side entry garage shall be permitted to have a 5 foot
reduction in the minimum required front yard setback provided that the distance is no less than 20
feet, and no less than 15 feet within the MU zoning district, measured from the foundation of the
garage to the property line.
5. Upon the submittal of the waiver application and findings adopted by the Zoning Administrator
addressing compliance with the following criteria, accessory structures may be permitted to be
located within a minimum of 15-feet of the rear property line:
a. Be compatible with the scale and design of the structures and overall existing development pattern
of the surrounding area;
b. Not impair reasonable or appropriate use of adjoining properties;
c.Not result in greater impacts on natural resources;
d.Not impair sight distances on public or private roads; and,
Page 1 of 2
K:\Planning Dept\Eagle Applications\ZOA\2012\ZOA-03-12 setbacks ord cc version final.doc
e. If authorized,the waiver may only be granted for the minimum amount necessary to achieve the
stated purpose of the waiver sought.
f. The applicant shall provide written approval of the setback reduction from all adjoining property
owners at the time of application submittal. If written approval cannot be obtained,then the City shall
notify the adjoining property owners and inform them in writing about the applicant's setback
reduction. The adjoining property owners shall have ten (10) calendar days from the decision date to
appeal. In the event of a denial, the applicant shall be allowed to appeal the zoning administrator's
decision. If no appeal is submitted, the decision is final.
Section 2: 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 severable 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 3: 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 4: 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.
Adopted by the Eagle City Council, Eagle, Idaho, on this al 3 day of 0671k , 2012.
CITY OF EAGLE, IDAHO
Ada County, Idaho
k. etert4the...)
Ses D. Reynolds
Mayor
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Sharon 1 Bergmann f •
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City Clerk/Treasurer ,> O
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Page 2 of 2
K:\Planning Dept\Eagle Applications\ZOA\2012\ZOA-03-12 setbacks ord cc version final.doc
cIECEIVED & FILE
CITY OF EAGLE
Valley Times
P.O. Box 1790 - Eagle, Idaho 83616 File:
Route tri
LEGAL ADVERTISING PROOF OF PUBLICATION
Account 1 fi-y 4-1 Ea-if,1.2 - Identification:
Address: 660 - C trV) C- E.,cl Run Dates:
E
13 2012
0O-ilc1j' ars.
((- Os -
Number
s
Number Lines 13
ORDINANCE NO. 686 Z L - O S 112
AN ORDNANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO AMENDING
EAGLE CITYCODE TITLE 8 " ZONING", CHAPTER 2 " ZONING DISTRICTS AND
MAP", SECTION 4, SCHEDULE OF BUILDING HEIGHT AND LOT AREA
REGULATIONS"; 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
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF EAGLE, Ada County, Idaho;
Section 1: Eagle City Code Title 8 " Zoning", Chapter 2, " Zoning Districts and Map",
Section 4, Schedule of Building Height and Lot Area Regulations" is hereby amended
with the underlined text added to read as follows:
A. Setback reductions (to be measured from the foundation to the property line):
1. No portion of the structure may extend more than 2 feet into the side yard setback;
2. Open structures such as porches, canopies, balconies, platforms, carports, covered
patios and similar architectural projections shall be considered part of the building to
which they are attached and shall not project more than 15 feet into the required rear yard
setback;
3. Open porches for residential dwelling units shall not project more than 5 feet into
the required front yard setback;
4. A single- family dwelling unit that utilizes a side entry garage shall be permitted to
have a 5 foot reduction in the minimum required front yard setback provided that the
distance is no less than 20 feet, and no less than 15 feet within the MU zoning district,
measured from the foundation of the garage to the property line.
5. pan t c submittal of the waiver a plication and fmdinas adopt v the Zoning
Administrator addressing compliance witkthe follower criteria. accessory structures
ntav be permitted to be located within a minimum of 15- feet of the rear property line:
a. Be compatible with the scale and desig Lof the structures and overall existing
development pattern
of the surrounding area
b. Not impairreasonable or appropriate use of adjoining properties;
c. Not result in greater impacts on natural resources.
d. Not impair sight distances on public or private roads: and,
e. If authorizes!. the waiver may only be_gianted for the minimum amount necessary
to achieve the stated purpose of the waiver sought,
F vjd_written sppzav'al a iihe..as�tbagktcduction from all
Amount t � _ if 0
'ank Thomason, being duly swom, deposes
and says: That he is the Principal Clerk of
Ry Times, a weekly newspaper published at
e, Ada County, State of Idaho; that the said
wspaper is in general circulation in the said
❑unty of Ada, and in the vicinity of Meridian,
Or, and Eagle, and has been uninterruptedly
published in said County during a period of
ttty-eight consecutive weeks prior to the first
pn of this notice, a copy of which is attached
hereto, and that the notice was published in
ny Times, in conformity with Section 60-108,
Idaho Code, as amended, for ( time(s)
LA regular and entire issue of said paper, and
tinted in the newspaper proper, and not in a
element; and that said notice was published
on the following dates:
beginning 71 n leenk.L..r 1) I L
z
Ending % () Vent Lay i , 2.41I -
STATE OF IDAHO )
)SS
COUNTY OF ADA )
"day of in the year of 2012
re me, a Notary Public, personally appeared
i, known or identified to me to be the person
name is subscribed to the within instrument,
ing by me first ly swom, declared that the
i in are true, d agisnowledged to me that
e ecuted the same.
4
l/1 .
Notary Public for Idaho
Resid'�j9 at pica, ID
My Commission expires: 1 ].'1 1 7