Ordinance - 2012 - 683 - Accessory Dwelling Units - 11/27/2012 CITY OF EAGLE
ORDINANCE NO.683
A ZONING ORDINANCE AMENDMENT TO EAGLE CITY CODE TITLE 8 "ZONING",
CHAPTER 1 "ZONING DEFINITONS", SECTION 2, "RULES AND DEFINITIONS",
CHAPTER 2 "ZONING DISTRICTS AND MAPS", SECTION 3 "SCHEDULE OF DISTRICT
USE REGULATIONS", AND CHAPTER 3 "PROFORMANCE STANDARDS", SECTION 5,
"UNIQUE LAND USES" TO ESTABLISH STANDARDS FOR THE PROVISON OF
ACCESSORY DWELLING UNITS IN RESIDENTIAL ZONES; AND PROVIDING FOR
SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Eagle is a municipal corporation organized and operated under the laws
of the State of Idaho; and
WHEREAS, and the Eagle City Council finds that it is in the best interest of the City of Eagle to
decrease the maximum number of residential units allowed in mixed use districts, and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF EAGLE, Ada County, Idaho;
Section 1 : Title 8, Chapter 1, Section 2 of the Eagle City Code is hereby amended, with the
underlined text being added and the strikeout text being deleted to read as follows:
E. The word "lot" includes the words "plot", "parcel" and "tract".
The following words and terms, when used in this title, shall have the meanings ascribed to them
in this section:
ACCESSORY DWELLING UNIT: An attached or detached independent dwelling unit on the
same lot with, and of a nature customarily incidental and subordinate to, the principal dwelling
unit that has separate kitchen, sleeping, and bathroom facilities.
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,
storage sheds, outdoor storage structures, microwave and satellite dish antennas, and similar uses
and structures.
DWELLING, TWO-FAMILY: A dwelling, consisting of two (2) dwelling units which may be
either attached side by side or one above the other. This definition does not include accessory
dwelling units.
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Section 2: Title 8, Chapter 2, Section 3 of the Eagle City Code is hereby amended, with the
underlined text being added and the strikeout text being deleted to read as follows:
8-2-3: SCHEDULE OF DISTRICT USE REGULATIONS:
District regulations shall be as set forth in the official schedule of district regulations, in the
performance standards in chapter 3 of this title, and as otherwise provided within this code. The
official schedule of district regulations is divided into five (5) land use groups: agricultural,
residential, commercial, industrial, and public/semipublic. To determine in which district a
specific use is allowed:
A. Find the use in one of the land use groups;
B. Read across the chart until either "P" or "C" appears in one of the columns; and (Ord. 298, 10-
14-1997)
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 administrator shall interpret the appropriate district for land uses not specifically mentioned
by determining the district in which similar uses are permitted. If the administrator determines
that a proposed use is not specifically mentioned and is not similar to any specifically mentioned
use the administrator shall determine that 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)
USES DISTRICTS
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
RESIDENTIAL
Accessory Dwelling Unit p p p P P
Apartment C C C C
Boarding or lodging house C C C C
or dormitory
Home occupation PP P P P P P
Mobile home(single unit) C C
(primary residence)
Mobile home(single unit) CC CC C
(temporary living quarters)
Mobile home court(RV) C C C
Mobile home park C C
Multi-family dwelling P C C C C
Planned unit development C C CC C C C C C C C C
Single-family dwelling P P P P C C C
Two-family dwelling P C C C
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Section 3: Title 8, Chapter 3, Section 5 of the Eagle City Code is hereby amended, with the
underlined text being added and the strikeout text being deleted to read as follows:
8-3-5: UNIQUE LAND USES:
U: Accessory Dwelling Units:
1. The minimum lot si ze for the inclusion of an accessory dwelling unit is 17,000 or greater
unless otherwise approved as part of a development agreement or PUD. Accessory
dwelling units on lots of 17,000 square feet or less shall count as a unit for the purpose of
calculating development density.
2. The maximum size of the accessory dwelling shall be as follows:
Accessory Dwelling Unit
Lot size Maximum Size
5,000 to 7,499 sq ft* 500 sq ft
7,500 to 16,999 sq ft* 640 sq ft
17,000 to 39,999 sq ft 800 sq ft
40,000 sq ft or greater 1,200 sq ft
'See ECC 8-3-5U(1)
3. Accessory dwelling units may only be located to the rear or side of the principal dwelling
and shall not be located in front of the front plane of the principal structure unless
otherwise permitted as part of a development agreement or PUD approval.
4. Accessory dwelling units must comply with all required setback and lot coverage
limitations for the principal dwelling for the underlying zone.
5. Detached accessory dwelling units shall meet minimum building separation standards as
described in the building code.
6. All accessory dwelling units require a zoning permit to be issued prior to the issuance of
a building permit.
7. An existing principal single-family dwelling shall exist on the lot or shall be constructed
and shall obtain an occupancy permit prior to or in conjunction with the accessory unit.
8. Onl y one accessory dwelling unit shall be allowed for each parcel.
9. Exterior design of the accessory dwelling unit will be compatible with the principal
residence on the lot and not detract from the single family appearance of the lot or
obscure and confuse the front entrance of the principal structure.
10. Accessory dwelling units shall comply with the off street parking requirements for
apartment and multi-family dwellings under ECC 8-4-5.
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11. The entrance to the accessory dwelling unit shall not be permitted to face toward the
street unless the accessory unit is located completely behind the rear plane of the
principal structure
12. The accessory dwelling unit shall not be sold separately.
Section 4: SEVERABILITY. This ordinance is hereby declared to be severable. Should a court
of competent jurisdiction declare any portion of this ordinance invalid, the remaining provisions
shall continue in full force and effect and shall be read to carry out the purpose(s) of the
ordinance before the declaration of partial invalidity.
Section 3: REPEAL OF CONFLICTING PROVISIONS. All provisions of the current Eagle
City Code or ordinances of the City of Eagle, Idaho, which conflict with the provisions of this
ordinance are hereby repealed to the extent of such conflict.
Section 4: EFFECTIVE DATE. 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(;27k-day of k/00-ern kgi, 2012.
CITY OF EAGLE, IDAHO
'Ia County, Idaho
•
'AMES D. REYN LDS
MAYOR
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ATTEST: p••.....•••
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•
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SHARON K. BERGMA •
SPA �;�
CITY CLERK/TREASURER ••°•'
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Page 4 of 4
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Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account
Address:
December 3, 2012
1�G 0 . Civ i GC La n�
Legal Notices
CITY OF EAGLE
ORDINANCE NO. 683
RECEIVED & t o
CITY OF EAGLE
DEL 0 6 2092
File* . .
Route tr•
Identification: Oncl,:rana- 12o •Cog
Run Dates: - v 3 a o o-
A ZONING ORDINANCE AMENDMENT TO EAGLE CITY CODE TITLE 8
"ZONING", CHAPTER 1 " ZONING DEFINITONS"; SECTION 2, " RULES AND
DEFINITIONS", CHAPTER 2 " ZONING DISTRICTS AND MAPS", SECTION 3 "
SCHEDULE OF DISTRICT USE REGULATIONS", AND CHAPTER 3 "
PROFORMANCE STANDARDS", SECTION 5, UNIQUE LAND USES" TO
ESTABLISH STANDARDS FOR THE PROVISION OF ACCESSORY DWELLING
UNITS IN RESIDENTIAL ZONES; AND PROVIDING FOR SEVERABILITY;
REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Eagle is a municipal corporation organized and operated under
the laws of the State of Idaho; and
WHEREAS, and the Eagle City Council finds that it is in the best interest of the City of
Eagle to decrease the maximum number of residential units allowed in mixed use districts,
and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF EAGLE, Ada County, Idaho;
Section 1: Title 8, Chapter 1, Section 2 of the Eagle City Code is hereby amended, with
the underlined text being added and the strikeout text being deleted to read as follows:
E. The word " lot" includes the words " plot", " parcel" and " tract". The following words
and terms, when used in this title, shall have the meanings ascribed to them in this section:
ACCESSORY DWELLING UNIT: An attached or detached independent dwelling unit
on the same lot with. and of a nature customarily incidental and subordinate to. theprincipal
dwelling unit that has separate kitchen. sleeping. and bathroom facilities,
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, storage sheds, outdoor storage structures, microwave
and satellite dish antennas, and similar uses and structures.
DWELLING, TWO-FAMILY: A dwelling, consisting of two (2) dwelling units which
may be either attached side by side or one above the other. This definition does not include
accessory dwelling units,
Section 2: Title 8, Chapter 2, Section 3 of the Eagle City Code is hereby amended, with
the underlined text being added and the strikeout text being deleted to read as follows:
8-;- 3, SCHEDULE OF DISTRICT USE REGULATIONS:
District regulations shall be as set forth in the official schedule of district regulations, in
the performance standards in chapter 3 of this title, and as otherwise provided within this
code. The official schedule of district regulations is divided into five (5) land use groups:
agricultural, residential, commercial, industrial, and public/semipublic. To determine in
which district a specific use is allowed:
nes J•Sl Amount #.01
lomason, being duly swom, deposes
;ays: That he is the Principal Clerk of
es, a weekly newspaper published at
'County, State of Idaho; that the said
aer is in general circulation in the said
g Ada, and in the vicinity of Meridian,
Eagle, and has been uninterruptedly
;hed in said County during a period of
Iht consecutive weeks prior to the first
his notice, a copy of which is attached
a, and that the notice was published in
es, in conformity with Section 60-108,
Code, as amended, for 1 time(s)
alar and entire issue of said paper, and
.1 in the newspaper proper, and not in a
nt; and that said notice was published
on the following dates:
ming 3 20(
� � r
ng 3� 20(2
STATE OF IDAHO )
)SS
COUNTY OF ADA )
day of ,fl L- in the year of 2012
ie, a Notary Public, personally appeared
sown or identified to me to be the person
ie is subscribed to the within instrument,
by me fi duly swom, declared that the
n are ar j acknowledged to me that
he executed the same.
a.
Notary Public for Idaho
Residin at loi , ID
r Commission expires: 5 17 1