Ordinance - 2013 - 699 - Amending Title 8/Zoning Interpretation/Definitions - 05/28/2013 ORDINANCE 699
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING TITLE 8
"ZONING", CHAPTER 1 "ZONING INTERPRETATION AND DEFINITIONS", CHAPTER 2
"ZONING DISTRICTS AND MAPS", CHAPTER 2A "DESIGN REVIEW OVERLAY DISTRICT",
CHAPTER 3 "PERFORMANCE STANDARDS", CHAPTER 7 "ZONING ADMINISTRATION AND
ENFORCEMENT", AND CHAPTER 10"DEVELOPMENT AGREEMENTS"; 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 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: Eagle City Code Title 8 "Zoning", Chapter 1, "Zoning Interpretations and
Definitions", Section 2 "Rules and Definitions" is hereby amended with the underlined text to be
added and strike through text to be deleted to read as follows:
CHAPTER 1
ZONING INTERPRETATION AND DEFINITIONS
8-1-2: RULES AND DEFINITIONS:
For the purpose of this title, certain terms or words used herein shall be interpreted as follows:
A. The word "person" includes a firm, association, organization, partnership, trust, company or
corporation, as well as an individual.
B. The present tense includes the future tense, the singular number includes the plural and the
plural number includes the singular.
C. The word "shall" is a mandatory requirement, the word "may" is a permissive requirement and
the word "should" is a preferred requirement.
D. The words "used" or "occupied" include the words "intended", "designed" or "arranged" to be
used or occupied.
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E. The word "lot" includes the words "plot", "parcel" and "tract".
The following words and terms, when used in this title, shall have the meanings ascribed to them
in this section:
ACCESSORY USE OR A use or structure on the same lot with, and of a nature customarily
STRUCTURE incidental and subordinate to,the principal use or structure. In residential
zones accessory uses/structures include, but are not limited to, detached
carports and garages, pool houses and cabanas, amateur radio and
satellite dish antennas, barns, corrals, stables, and similar uses and
structures. In nonresidential zones accessory uses/structures include, but
are not limited to, detached carports and garages, caretaker's quarters,
guardhouses, storage sheds, outdoor storage structures, microwave and
satellite dish antennas, and similar uses and structures.
ADMINISTRATOR An official having knowledge in the principles and practices of zoning who
is appointed by the mayor, with the consent of the council, to administer
this title.
ADULT BUSINESS Establishments based primarily on materials or performances that depict,
describe, or relate to specified sexual activities. Adult businesses must be
a minimum distance of one-half(1/2) mile from any church, school,
daycare, and/or any other business or use which is primarily intended for
individuals under the age of eighteen (18)years old.The distance shall be
measured in a direct line from the front door of the adult business to the
front door of said business or use.
AGRICULTURE AND The use of land for farming, dairying, pasturage, agriculture, horticulture,
FOREST floriculture,viticulture, animal and poultry husbandry and the necessary
accessory uses for parking, treating or storing the produce; provided,
however, that:
A.The operation of any such accessory uses shall be secondary to that of
normal agricultural activities; and
B.The above uses shall not include the feeding or sheltering of animals or
poultry in penned enclosures within one hundred feet(100')of any
residential zoning district.Agriculture does not include the operation or
maintenance of a commercial feedlot or stockyard where large numbers
of livestock are fed concentrated feeds particularly for the purpose of
fattening for market.
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AIRPORT Any area of land or water which has been set aside, designated, classified
and duly established by jurisdictional authorities which may be used for
aircraft terminals for people, mail, and freight, airport traffic control and
weather stations, aircraft repair, storage and tie down areas,gasoline,jet
fuel, oil and other aircraft supplies and parts storage areas, aircraft
landing strips, taxiways, clear areas, hangars, offices and such other
facilities, buildings or structures necessary therefor.
AMBULANCE SERVICES Provision of nonemergency medical care transportation, including
incidental storage, maintenance and parking of medical transport
vehicles.
ANIMAL SHOWS Exhibitions of domestic or large animals for a maximum of seven (7) days.
This classification includes sales of animals and related merchandise.
ANTENNA Any structure or device used for the purpose of collecting or transmitting
electromagnetic waves, including, but not limited to, directional
antennas, such as panels, microwave dishes, and satellite dishes, and
omnidirectional antennas, such as whip antennas.
APARTMENT A room or suite of rooms in a multiple-family structure which is arranged,
designed or used as a single housekeeping unit and has complete kitchen
facilities permanently installed.
ARCHITECT A professional individual registered in the state of Idaho to practice in the
field of architecture.
ART GALLERIES A room or series of rooms where works of art are exhibited.
ARTIST STUDIOS Workspace for artists and artisans, including individuals practicing one of
the fine arts or performing arts, or skilled in an applied art or craft.
ARTS AND CRAFTS Display and sale of painting, sculpture, handicrafts and similar objects.
SHOWS (Outdoor)
ASPHALT PLANT An establishment where asphalt, tar, gravel and other materials are
combined to produce pavement and other related products.
AUCTION FACILITY Facilities operated primarily for the sale of new and/or used merchandise
by auctioning.
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AUTOMOTIVE BODY Automobile collision service, repair and painting.
SHOP
AUTOMOTIVE FUEL A retail fuel sales facility typically including a small kiosk building covered
ISLANDS by a canopy.
AUTOMOTIVE GAS Buildings and premises where gasoline, oil, grease, batteries,tires and
STATION/SERVICE SHOP motor vehicle accessories may be supplied and dispensed at retail and
where, in addition,the following services may be rendered and sales
made:
A. Sales and service of spark plugs, batteries and distributors' parts;
B.Tire servicing and repair, but not recapping or regrooving;
C. Replacement of mufflers and tailpipes, water hoses,fan belts, brake
fluid, light bulbs, fuses, floormats, seat covers, windshield wipers and
blades, grease retainers, wheel bearings, mirrors and the like;
D. Radiator cleaning and flushing;
E. Washing, polishing and sale of washing and polishing materials;
F. Greasing and lubrication;
G. Providing and repairing fuel pumps, oil pumps, lines;
H. Minor servicing and repair of carburetors;
I.Adjusting and repairing brakes;
J. Minor motor adjustment not involving removal of the head or
crankcase or racing the motor;
K. Sales of cold drinks, packaged food, tobacco and similar convenience
goods for service station customers, as accessory and incidental to
principal operations;
L. Provisions of road maps and other informational materials to
customers and provision of restroom facilities; and
M. Warranty maintenance and safety inspections.
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AUTOMOTIVE GAS Uses permissible at an automotive gas station/service shop do not
STATION/SERVICE SHOP include major mechanical and body work, straightening of body parts,
(continued) painting, welding, storage of automobiles not in operating condition or
other work involving noise,glare, fumes, smoke or other characteristics
to an extent greater than normally found at an automotive gas
station/service shop. An automotive gas station/service shop is not a
repair garage nor a body shop.
AUTOMOTIVE, MOBILE The sale or rental of new and used motor vehicles, mobile homes,travel
HOME,TRAVEL TRAILER trailers and/or farm implements, but not including repair work except
AND FARM IMPLEMENT incidental warranty repair of same, to be displayed and sold on the
SALES premises.
AUTOMOTIVE REPAIR The repair, rebuilding or reconditioning of motor vehicles or parts
thereof, excluding collision service, painting and steam cleaning of
vehicles.
AUTOMOTIVE STORAGE Storage of parking towaways, impound yards, and storage lots for
automobiles, trucks, buses and recreational vehicles.
AUTOMOTIVE WASHING An establishment or area that provides facilities for washing and cleaning
FACILITY vehicles, which may use production line methods with a conveyor,
blower, or other mechanical devices, and that may employ some hand
labor.The facility may include vacuums and drying areas as accessory
uses. - . . - - . - - - -similar light vehicles.
AUTOMOTIVE WRECKING The dismantling or wrecking of two (2)or more used motor vehicles,
YARD OR SALVAGE mobile homes,trailers or the storage, sale or dumping of dismantled,
partially dismantled, obsolete or wrecked vehicles or their parts. Any
premises, excluding fully enclosed buildings, where more than two (2)
motor vehicles not in operating condition are standing more than thirty
(30) days, or where used motor vehicles or parts thereof are dismantled
or stored.
BAKERY PLANT Establishments primarily engaged in making and preparing bakery
(wholesale) products for immediate and nonimmediate consumption.
BANKS/FINANCIAL Financial institutions that provide retail banking services to individuals
INSTITUTIONS: and businesses. This classification includes those institutions engaged in
the on site circulation of cash money and businesses offering check
cashing facilities.
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BANKS/FINANCIAL A. With Drive-Up Service: Institutions providing services accessible to
INSTITUTIONS: persons who remain in their automobiles. Drive-up service is classified
(continued) separately because it is not appropriate at all locations.
BAR An establishment for which a license under title 3, chapter 2, article A, B,
and/or C of this code is required where the principal business is the sale
and consumption of alcoholic beverages on the premises, but not
including bars within restaurants.
BASEMENT A dwelling unit, all or partly underground, but having at least one-half
(1/2) of its height below the average level of the adjoining ground.
BEAUTY/BARBER SHOP Establishments where services are provided for hairdressing, but which
may also offer tanning beds, facials, manicures, pedicures, massages and
the like.
BED AND BREAKFAST An owner occupied facility providing overnight accommodations and
FACILITY: breakfast food service to no more than twelve (12)guests at any one
time. No cooking shall be allowed in guestrooms and only breakfast food
shall be provided to guests. Bath facilities shall be shared by no more
than two (2)guestrooms,and one off street parking space for each
applicant
BEVERAGE BOTTLING An establishment that produces consumable liquids (alcoholic or
PLANT nonalcoholic) in bottles and/or cans.
BOARDING HOUSE, A building other than a hotel or motel where meals and/or lodging are
LODGING HOUSE, provided for compensation to three (3) or more unrelated persons, but
DORMITORY less than twelve (12) persons, who are not transients, and kitchen
facilities are not provided in the individual rooms.
BREWERY An establishment for the manufacture of malt liquors, such as beer and
ale
BUILDING Any structure designed or intended for the support, enclosure, shelter or
protection of persons, animals, chattels or property of any kind.
BUILDING,ACCESSORY A subordinate building detached from, but located on the same lot as the
principal building,the use of which is incidental and accessory to that of
the main building or use.
BUILDING HEIGHT The vertical distance measured from the average elevation of the
proposed finished grade at the front of the building to the highest point
of the roof for flat roofs, to the deck line of mansard roofs, and the top of
the peak for gable, hip and gambrel roofs.
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BUILDING, PRINCIPAL A building in which is conducted the main or principal use of the lot on
which said building is situated.
BUILDING SUPPLY A commercial establishment storing and offering for sale building
OUTLET supplies, coal, heavy equipment, feed,grain, and similar goods, for
wholesale or retail sale. This use does not include hardware stores.
BUSINESS,TECHNICAL A proprietary school as defined by Idaho Code section 33-2401.
AND TRADE SCHOOLS
CABINET SHOP An establishment, either wholesale or retail, that sells, repairs and/or
manufactures cabinets or wood trim for any type of building or structure.
CATERING SERVICE Preparation and delivery of food and beverages for off site consumption
without provision for on site pick up or consumption.
CEMETERY Land used or intended to be used for the burial of human remains and
dedicated for cemetery purposes. Cemetery purposes include
columbaria, crematoriums, mausoleums, and mortuaries operated in
conjunction with the cemetery.
CENTRAL SEWER SYSTEM Any system that receives blackwaste or wastewater in volumes exceeding
two thousand five hundred (2,500) gallons per day; any system which
receives blackwaste or wastewater from more than two (2)dwelling units
or more than two (2) buildings under separate ownership.
CHILDCARE FACILITY Any facility where children regularly receive care and supervision, usually
unaccompanied by the children's parents, guardians or custodians, and
regardless of whether the facility does or does not provide any
instruction.This use excludes the case of: a)the operator's children or
legal wards or children related by blood or marriage, b) occasional
personal guests, and c) children aged twelve (12)years and over. Any
home, place, or facility providing overnight custodial services for lodging
or boarding for the occupants therein shall not be considered a childcare
facility.
There are three (3)types of childcare facilities:
A. Family daycare home: A childcare facility for six (6) or fewer children.
Babysitting services are an accessory use to residential uses.
B. Group daycare facility: A childcare facility for seven (7)to twelve (12)
children.
C. Daycare center: A childcare facility for thirteen (13)or more children.
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CHRISTMAS TREE SALES Retail sales of Christmas trees between Thanksgiving and December 26
CHURCHES AND OTHER An establishment that by design and construction is primarily intended
PLACES OF RELIGIOUS for conducting organized religious services, meetings, and associated
ASSEMBLY activities and that is recognized as a religious corporation or society of
the state of Idaho with a state tax exempt status in accord with Idaho
Code section 63-602B.
CIRCUSES AND Provision of games, eating and drinking facilities, live entertainment,
CARNIVALS animal exhibitions, or similar activities, which may be conducted
outdoors, or in a tent or other temporary structure, for a maximum of
seven (7) days.This classification excludes events conducted in a
permanent entertainment facility.
CLINIC A building used for the care, diagnosis and treatment of sick, ailing, infirm
or injured persons or those who are in need of medical and surgical
attention; but which building does not provide board, room or regular
hospital care and services.
CLUB OR LODGE A building or portion thereof or premises owned or operated by an
organized association of persons for a social, literary, political,
educational or recreational purpose primarily for the exclusive use of
members and their guests; but still not including any organization, group
or association, the principal activity of which is to render a service usually
and ordinarily carried on as a business.
COFFEE ROASTING A facility in which unprocessed,green, coffee may be sorted,
FACILITY roasted and processed, or packaged for use and consumption.
COLLEGES, UNIVERSITIES An educational institution authorized by the state to award associate,
baccalaureate, or doctorate degrees or posthigh school certifications or
licenses.
CO-LOCATION The use of a single tower to support more than one wireless
telecommunication service provider's equipment, or the mounting of an
antenna to a preexisting structure.
COMMERCIAL An establishment which is generally related to the entertainment field,
ENTERTAINMENT the principal business of which is not the sale of alcoholic beverages.
FACILITIES
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COMMISSION/PLANNING The zoning, planning and zoning,joint zoning or joint planning and zoning
AND ZONING commission with individuals appointed by the mayor and confirmed by
the council.
COMMON AREA OPEN Land within a development, not individually owned or dedicated for
SPACE public use (except for the portion of the 8 foot wide landscape strip
located adjacent to and within the public right of way of a local street) or
for use as private streets, which is designed and intended for the
common use or enjoyment of the residents of the development. It may
include complementary structures and improvements(see definitions of
Open Space; Open Space,Active; and Open Space, Passive).
COMMUNICATION Broadcasting, recording, and other communication services accomplished
FACILITIES through electronic or telephonic mechanisms, but excluding public
service facilities and personal wireless service facilities.This classification
includes radio,television, or recording studios; telephone switching
centers; and telegraph offices.
COMPREHENSIVE PLAN A plan, or any portion thereof, adopted by the council including such
things as the general location and extent of present and proposed
physical facilities including housing, industrial and commercial uses,
major transportation, parks, schools and other community facilities.
CONCRETE BATCH PLANT An establishment that combines cement, sand and gravel to produce
concrete.
CONDITIONAL USE A use permitted within a district, other than a principally permitted use,
requiring a permit and approval of the council. Uses permitted in each
district are listed in section 8-2-3, "Schedule Of District Use Regulations",
of this title.
CONTRACTORS YARD Any area of land or building used by a contractor for storage,
AND/OR SHOP maintenance, or processing incidental to the business of building,
hauling, excavation, demolition, or similar activity and including any area
of land or building used for the incidental repair of machinery used for
any of the above listed activities.
CONVENIENCE STORE Retail sales of food, beverages and small convenience items typically
found in establishments with long or late hours of operation.
COUNCIL The city council of the city of Eagle.
CREMATORIUM A facility for the burning of corpses, human or animal, to ashes either as a
principal use or as an accessory use. Crematoriums do not include
establishments where incinerators are used to dispose of toxic or
hazardous materials, infectious materials or narcotics.
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CULTURAL FACILITES A facility where activities, programs, displays or performances, presented
for the enjoyment, education or other benefit of the general public,
involving art, music, literature, live theater, craft shows, history or
humanities.
DAIRY FARM A farm whose principal function is the production of milk and milk
products and which may include the processing of milk so produced. A
dairy farm further refers to a dairy barn, processing facility or feeding
area where animals are kept, raised or fed in a restricted area, and where
the milking area is subject to the approval of the Idaho state department
of health and welfare.
DENSITY A unit of measurement; the number of dwelling units per acre of land.
Gross Density:The number of dwelling units per acre of total land to be
developed, including public right of way, private streets, and common
area open space; excluding floodway.
Net Density:The number of dwelling units per acre of land when the
acreage involved includes only the land devoted to residential uses,
excluding public right of way, private streets, common area open space,
and floodway.
DESIGN REVIEW The design review ordinance of the city, as adopted by the city, or as may
ORDINANCE hereafter be amended and/or codified.
DETENTION FACILITIES Publicly owned and operated facilities providing housing, care, and
supervision for persons confined by law.
DRIVE IN THEATER An open lot devoted primarily to the showing of motion pictures or
theatrical productions on a paid admission basis to patrons seated in
automobiles.
DRUGSTORE A store where the primary business is the filling of medical prescriptions
and the sale of drugs, medical devices and supplies and nonprescription
medicines but where nonmedical products may be sold as well.
DWELLING, MULTI- A dwelling consisting of three (3)or more dwelling units including
FAMILY townhouses and condominiums with varying arrangements of entrances
and party walls. Multi-family housing may include public housing.
DWELLING, SINGLE- A dwelling consisting of a single dwelling unit only, separated from other
FAMILY dwelling units by open space. This classification includes manufactured
homes and any home in which eight (8) or fewer supervised unrelated
mentally and/or physically handicapped or elderly persons reside.
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DWELLING,TWO-FAMILY A dwelling, consisting of two (2) dwelling units which may be either
attached side by side or one above the other.
DWELLING UNIT Space within a dwelling comprising living, dining, sleeping room or rooms
and storage closets, as well as space and equipment for cooking, bathing
and toilet facilities, all used by only one family and its household
employees.
EASEMENT Authorization by a property owner for the use by another, and for a
specified purpose, of any designated part of his property.
ELEMENTARY AND See definition of schools, public or private.
JUNIOR HIGH SCHOOLS
EMERGENCY Facilities providing emergency medical service with no provision for
HEALTHCARE continuing care on an inpatient basis.
EMERGENCY SERVICES Provision of emergency medical care transportation, fire protection and
police protection, including incidental storage and maintenance and
parking of emergency and emergency related vehicles.
ENGINEER Any professional person who is licensed in the state of Idaho to practice
professional engineering.
EQUIPMENT RENTAL The use of a site for the sale, rental, storage, or servicing of tools, trucks,
AND SALES YARD tractors, construction equipment, agricultural implements, or similar
industrial equipment.
FACADE The front or chief face of a building.
FAMILY e _ _ . _ . . -
A. A person living alone or two (2)or more persons related by blood or
marriage;
B. A group of not more than ten (10) persons who need not be related by
blood or marriage living together in a dwelling unit;
C. Eight (8) or fewer unrelated mentally and/or physically handicapped or
elderly persons residing in a dwelling under staff supervision, provided
that no more than two (2) staff members reside in the dwelling at any
one time. (Resident staff shall not be counted toward the "8 or fewer"
criterion.)
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FARM Buildings and premises used for the raising and processing of farm
products in an agricultural setting by an individual or an association which
operates and manages the farm either as owner or tenant, at a site used
for a farm residence and associated farm accessory buildings.
FARMER'S MARKETS The use of a site for the seasonal sale of fresh agricultural products
(OUTDOORS) directly to the consumer at an open air market designed as a community
activity. It may provide arts and crafts booths accessory to the produce
and plant life booth.
FEEDLOT OR STOCKYARD Primarily where large numbers of livestock are fed concentrated feeds
particularly for the purpose of fattening for market.
FLEX SPACE Allows for uses that generally require substantial amounts of storage and
working area as well as office and/or showroom space.This use is not
intended to permit warehousing or manufacturing that has high levels of
truck activity. Loading docks shall be at the rear of the structure, shall be
screened from view from street and neighboring uses, and loading ramps
shall be a maximum of two feet (2') high to discourage tractor trailer use.
Examples of uses include, but are not limited to, custom bookbinding,
ceramic studios, candle making shops, custom jewelry manufacture,
lighting/plumbing fixture showrooms, small merchandise assembly, and
low intensity sales and distribution facilities. Gross floor area of each
building used as "flex space" shall be a maximum of thirty thousand
(30,000) square feet. Buildings may be comprised of several lease spaces.
Hours of operation shall be limited to between six o'clock(6:00)A.M. to
ten o'clock(10:00) P.M.
FOOD AND BEVERAGE Retail sales of food and beverages for off site preparation and
SALES consumption.Typical uses include groceries, liquor stores, delicatessens,
or bakeries, and exclude convenience stores and catering services.
FOOD PROCESSING A commercial operation that manufactures, packages, labels, or stores
PLANT food for human consumption, and provides food for sale or distribution
to other business entities.
FRONTAGE ROAD A road which has unlimited access to collector and access streets but has
limited access to arterial streets. Access onto arterial streets is limited to
one thousand five hundred feet(1,500') between points.
GOLF COURSE AND A tract of land laid out for playing the game of golf that may include a
RELATED SERVICES clubhouse, dining and snack bars, pro shop, and practice facilities.
GOVERNMENT OFFICES Administrative, clerical, or public contact offices of a government agency,
including postal facilities,together with incidental storage and
maintenance of vehicles.
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GRAIN STORAGE Any facility used to store any harvested crop to be sold for gain.
HARDWARE STORES Sales of home and commercial building supplies. This use does not
include building supply outlets.
HEALTH AUTHORITY The local district health department or state department of health and
welfare that has jurisdictional authority.
HEALTH CLUBS, SPAS, Establishments with equipment for exercise and physical conditioning.
WEIGHT REDUCTION
SALONS
HEIGHT The height of personal wireless facilities, spires, poles,antennas,
steeples, towers, and similar structures shall be determined by measuring
the vertical distance from the point of contact with the ground to the
highest point of the structure, including any vertical projection thereof.
When mounted upon other structures, the combined height of the
personal wireless facility, spire, pole, antenna, steeple, tower, and/or
similar structure, including the height of the structure mounted upon,
shall be used to determine height.
HELIPORTS Pads and facilities enabling takeoffs and landings by helicopters.
HIGH SCHOOL See definition of schools, public or private.
HISTORIC PRESERVATION The research, documentation, protection, restoration and rehabilitation
of buildings, structures, objects, districts, areas, and sites significant in
the history, architecture, archaeology or culture of this community, the
state, or the nation.
HISTORIC PROPERTY Any building, structure, area or site that is significant in the history,
architecture, archaeology or culture of this community,the state, or the
nation.
HOME AND BUSINESS Provisions of recurrently needed services for business and residential
SERVICES uses. Uses include upholsterers, photocopying and small printshops.
HOME OCCUPATION Any use customarily conducted entirely within a dwelling and carried on
by the inhabitants thereof, which use is clearly incidental and secondary
to the use of the structure for dwelling purposes and which use does not
change the character thereof or does not adversely affect the uses
permitted in the zone of which it is a part.
HORTICULTURE A. General:The raising of vegetables,flowers, ornamental trees and
shrubs as a commercial enterprise, including the storage of nursery
equipment and materials and the erection of nursery structures.
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HORTICULTURE B. Limited:The raising of vegetables, flowers, ornamental trees and
(continued) shrubs as a commercial enterprise, provided that no nursery equipment
or materials shall be stored and no structures erected. Commercial
horticulture accessory to a dwelling unit shall be regulated as a home
occupation.
HOSPITAL An institution devoted primarily to the maintenance and operation of
facilities for the medical or surgical care of patients for twenty four(24)
hours or more.This classification includes incidental facilities for
outpatient treatment, as well as training, research, and administrative
services for patients and employees.The term hospital does not include
convalescent, nursing or boarding homes and does not include
institutions devoted to the care of the mentally ill or drug or alcohol
addicted.
HOTEL Establishments offering rooms as lodging on a less than weekly basis to
guests. Hotels typically have eating and drinking service and a dining
room where meals are served.
ICE MANUFACUTRE, A manufacturing plant where ice is produced and stored.
COLD STORAGE
INDUSTRIAL A. Extractive: Any mining, quarrying, excavating, processing, storing,
separating, cleaning or marketing of any mineral natural resource.
B. Heavy: Manufacturing, processing, assembling, storing, testing and
similar industrial uses which are generally major operations and extensive
in character, require large sites, open storage and service areas, extensive
services and facilities, ready access to regional transportation and
normally generate some nuisances such as smoke, noise, vibration, dust,
glare, air pollution and water pollution, but not beyond the district
boundary.
C. Light: Manufacturing or other industrial uses which are usually
controlled operations; relatively clean, quiet and free of objectionable or
hazardous elements such as smoke, noise, odor or dust; operating and
storing within enclosed structures and generating little industrial traffic
and no nuisances.
INDUSTRY A. Custom: Establishments primarily engaged in on site production of
goods by hand manufacturing involving the use of hand tools and small
scale equipment.
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INDUSTRY B. Limited: Includes mechanical equipment not exceeding two (2)
(continued) horsepower,of a single kiln not exceeding eight (8) kilowatts and the
incidental direct sale to consumers of only those goods produced on site.
Typical uses include custom bookbinding, ceramic studios, candle making
shops, and custom jewelry manufacture.
INDUSTRY RESEARCH Establishments primarily engaged in the research, development, and
AND DEVELOPMENT: production of high technology electronic, industrial or scientific products
or commodities for sale, but prohibits uses that may be objectionable by
reason of production of offensive odor, dust, noise, vibration, or storage
of hazardous materials. Examples of uses include, but are not limited to,
biotechnology firms, and computer component manufacturers.
INSTITUTION Building and/or land designed to aid individuals in need of mental,
therapeutic, rehabilitative counseling or other correctional services.
JUNKYARD An outdoor space where waste and discarded or salvaged materials are
bought, sold, exchanged, baled, packed, disassembled, stored or handled,
including house wrecking yards, used lumber yards and places where
such uses are conducted entirely within a completely enclosed building,
such as pawnshops and establishments for the sale, purchase or storage
of used furniture and household equipment or for used cars in operable
condition, or salvaged materials incidental to manufacturing operations.
KENNEL(For Hobby, Any lot or premises or portion on which three (3)or more dogs, cats and
Commercial Or Boarding other household domestic animals are maintained, harbored, possessed,
Purposes) boarded, bred or cared for in return for compensation or kept for sale
including privately or publicly owned, operated or managed dog pounds.
LABORATORIES Establishments providing medical or dental laboratory services; or
establishments with less than two thousand (2,000) square feet providing
photographic, analytical, or testing services. Other laboratories are
classified as industry limited.
LANDSCAPE ARCHITECT A professional individual registered in the state of Idaho to practice in the
field of landscape architecture.
LAUNDROMAT Business providing self-service cleaning facilities for clothing and other
fabric articles.
LAUNDRY A. With No Drive-Up Service: A business which launders and dry cleans
clothing and other fabric articles in bulk.
B. With Drive-Up Service: Institutions providing services accessible to
persons who remain in their automobiles. Drive-up service is classified
separately because it is not appropriate at all locations.
LIBRARY Any establishment or building set aside for the repository or retrieval of
information available for the public or patrons to make use of for all kinds
of research and reading, including rooms for meetings.
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LIVE ENTERTAINMENT Temporary concerts and other cultural events lasting less than seven (7)
EVENTS days or ongoing occasional events such as barn dances, square dances,
weddings and receptions; temporary events such as corn mazes,
hayrides, retail pumpkin patches and petting zoos lasting less than forty
five (45) days per calendar year.
LOADING SPACE, OFF Space logically and conveniently located for bulk pick ups and deliveries,
STREET scaled to delivery vehicles expected to be used, and accessible to such
vehicles when required off street parking spaces are filled. Required off
street loading space is not to be included as off street parking space in
computation of required off street parking space. All off street loading
spaces shall be located totally outside of any street or alley right of way.
LOT A parcel, plot,tract, or other land area of sufficient size to meet minimum
zoning requirements for use, coverage and area, and created by
subdivision for sale, transfer, or lease, and to provide such yards and
other open spaces as are herein required. Such lot shall have frontage, as
may be required within this code, on an improved public street, or on an
approved private street, and may consist of:
A.A single lot of record;
B. A portion of a lot of record; and
C. A combination of complete lots of record, or of portions of lots of
record.
LOT COVERAGE The ratio of enclosed ground floor area of all buildings on a lot to the
horizontally projected area of the lot, expressed as a percentage.
LOT FRONTAGE The front of a lot shall be construed to be the portion nearest the street.
For the purpose of determining yard requirements on corner lots and
through lots, all sides of a lot adjacent to streets shall be considered
frontage and yards shall be provided as indicated under"yards" in this
section.
LOT, MINIMUM AREA OF The area of a lot is computed exclusive of any portion of the right of way
of any public or private street.
LOT OF RECORD A lot which is a part of a subdivision recorded in the office of the county
recorder; or a lot or parcel described by metes and bounds, the
description of which has been so recorded.
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LOT TYPES Terminology used in this title with reference to corner lots, interior lots
and through lots is as follows:
Corner Lot: A lot located at the intersection of two (2) or more streets;
Interior Lot: A lot with only one frontage on a street;
Reversed Frontage Lot: A lot on which frontage is at right angles to the
general pattern in the area. A reversed frontage lot may also be a corner
lot; and
Through Lot: A lot other than a corner lot with frontage on more than one
street.Through lots abutting two (2) streets may be referred to as double
frontage lots.
LUMBERYARD, RETAIL An area and/or structures or buildings used for the storage, distribution,
and sale of finished or rough cut lumber and lumber products.
MACHINE SHOP A workshop in which work is machined to size and assembled.
MAINTENANCE OR An establishment providing appliance repair, office machine repair, or
REPAIR SERVICES building maintenance services.This use does not include the maintenance
and repair of vehicles.
MANUFACTURED A. A dwelling constructed according to HUD/FHA construction and safety
HOME: standards and as defined by Idaho Code section 39-4105.
B. A rehabilitated dwelling certified by the state of Idaho department of
labor and industry, building safety division.
MANUFACTURED HOME A residential development developed exclusively for siting manufactured
PARK: homes on individual spaces that are rented or leased.
MANUFACTURED HOME A residential subdivision developed exclusively for siting manufactured
SUBDIVISION: homes on individual lots or under individual ownership.
MICROBREWERY A small brewery,generally producing fewer than 10,000 barrels of beer
and ale a year and frequently selling its products on the premises.Also
called boutique brewery, brewpub.Tasting rooms for the consumption of
on-site produced beer is permitted on the premises.
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MOBILE HOME A transportable structure suitable for year round single-family occupancy
and having water, electrical, sewage connections similar to those of
conventional dwellings. This definition applies only to units constructed
prior to June 15, 1976.
characteristics:
A. Designed for a long term occupancy and containing sl
outside systems;
B. Designed to be transported after fabrication on its own wheels, or on
C.Arriving at the site where it is to be occupied as a dwelling complete,
MOBILE HOME COURT Any site or tract of land whereupon two (2)or more mobile homes,travel
(RV) trailers, or recreational vehicles are placed, located and maintained for
dwelling purposes on a temporary basis.
MOBILE HOME PARK Any site or tract of land under single ownership upon which two (2)or
more mobile homes in habitation are parked, either free of charge or for
revenue purposes, including any roadway, building, structure,vehicle or
enclosure used or intended for use as part of the facilities of such park.
leased for the long term placement of manufactured homes or mobile
PARK homes.The site may include services and facilities for the residents.
MOBILE OFFICE A detached mobile unit not intended for occupancy as a dwelling unit
designed to be transported after fabrication on its own wheels or on
flatbed or other trailers or detached wheels. Use of mobile office at other
than a construction site or a subdivision sales office requires a conditional
use permit.
MODULAR HOME Constructed with standardized units or dimensions for flexibility and
variety in use.
MORTUARIES, FUNERAL A building used for the preparation of the deceased for burial and the
PARLORS, AND SIMILAR display of the deceased and rituals connected therewith before burial or
TYPE USES cremation.
MOTELS Establishments offering lodging on less than a weekly basis. This
classification may include incidental eating or drinking service.
MUSEUM Institution displaying or preserving objects of interest in one or more of
the arts or sciences.This classification includes museums and art galleries.
NONCONFORMING USE A building, structure or use of land existing at the time of enactment of
this title, and which does not conform to the regulations of the district in
which it is situated.
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NONPROFIT Facilities operated by established nonprofit organizations such as
REHABILITATION Goodwill Industries, Salvation Army, etc., which are intended to provide
CENTER employment and training for handicapped persons. Such facilities may
include, but are not limited to, activities such as light assembly of
products,training, administrative office, repair and sale of secondhand
clothing, furniture and appliances, and may include certain facilities for
persons with profound mental retardation.This use does not include
homeless shelters or other forms of transient or permanent residential
accommodation.
NURSERY, PLANT Land, building or combination thereof for the storage, cultivation,
MATERIALS transplanting of live trees, shrubs or plants offered for retail sale on the
premises including products used for gardening or landscaping.
NURSING/CONVALESCE Establishments providing care on a twenty four(24) hour basis for
NT HOME persons requiring regular medical attention, but excluding facilities
providing surgical or emergency medical services. This classification also
includes senior assisted living facilities with provisions for shared kitchen
facilities and rooms with private bathrooms.
OFFICES, BUSINESS AND Offices of firms or organizations providing professional, executive,
PROFESSIONAL management, or administrative services.This classification includes
medical/dental laboratories incidental to an office use, but excludes
banks and savings and loan associations.
OFFICES, MEDICAL AND Offices used for conducting the affairs of a physically or mentally related
DENTAL medical or dental profession, service or industry and generally furnished
with desks, tables, files, and communication equipment.
OPEN SPACE A common area platted as a separate lot(except for the portion of the 8
foot wide landscape strip located adjacent to and within the public right
of way of a local street), substantially open to the sky, exclusive of streets,
commercial and residential buildings, and shall be designated and
intended as a usable and convenient amenity for the residences of any
proposed development.
OPEN SPACE, ACTIVE: Common area which includes, but is not limited to, athletic fields,
buildings or structures for recreational activities including picnic areas,
community garden, courses or courts, children's play area, dog play area,
and pathways, excluding passive open space areas. Landscape buffer
areas not required pursuant to subsection 8-2A-7J of this title may be
considered, in part, as active open space provided a pathway or other
active amenity is located within and incorporated into the buffer area. Up
to fifteen percent(15%) of the total area of water bodies (i.e., ponds)
within a development may be considered active open space provided
there is a finding that the ponds employ active recreation capabilities
such as fishing, rafting, canoeing, and the like.
OPEN SPACE, PASSIVE Common area which includes, but is not limited to, landscaped buffer
areas required pursuant to subsection 8-2A-7J of this title (including the
sidewalk within the buffer area), natural areas, wetland areas,
ornamental gardens, decorative fountains, and water bodies, excluding
active open space areas.
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PAD MOUNTED All mechanical and electrical equipment mounted on the ground,
MECHANICALS including, but not limited to, transformers, compressors, generators, and
other equipment to establish a controlled interior environment. All pad
mounted mechanicals shall be screened from view.
PARAPET OR PARAPET That portion of a building wall that rises above the roof level.
WALL
PARK AND RECREATION Noncommercial parks, playgrounds, recreation facilities and open spaces.
FACILITIES
PARKING LOT, PARKING Parking lots or garages offering short term or long term parking.
GARAGE
PARKING LOT, PARKING Parking lots or garages offering short term or long term parking to the
GARAGE, COMMERCIAL public for a fee.
PARKING SPACE, OFF An off street parking space shall consist of an area adequate for parking
STREET an automobile with room for opening doors on both sides,together with
properly related access to a public street or alley and maneuvering room,
but shall be located totally outside of any street or alley right of way.
PAWNSHOPS A. General: Establishments licensed by this code and engaged in the
buying or selling of new or secondhand merchandise, including minimal
numbers of used autos, and offering loans secured by personal property.
B. Auto (Exclusive): Auto pawnshops are those businesses dealing
exclusively in offering loans secured by automobiles,trucks, motorcycles,
recreational vehicles,travel trailers and similar vehicles, the storage of
which requires one or more large parking areas. An auto pawn dealer
may sell unredeemed pawned vehicles;
however,the auto pawn classification does not include the sale of new
vehicles unless auto pawn business is in conjunction with and on the
premises of a new vehicle dealership.
PETROLEUM BULK A single property or contiguous or adjacent properties used for a
STORAGE common purpose which are owned or operated by the same person on or
in which are located:
One or more stationary tanks which are used singularly or in combination
for the storage or containment of more than one thousand one
hundred gallons of petroleum; or
All stationary tanks used for storage of used oil; or
Any tank whose capacity is greater than one hundred ten gallons that is
used for the storage or containment of petroleum, the volume of which is
ten percent or more beneath the surface of the ground.
PERFORMANCE BOND A financial guarantee by a subdivider or developer with the city in the
OR SURETY BOND amount of the estimated construction cost guaranteeing the completion
of physical improvements, according to plans and specifications within
the time prescribed by the agreement.
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PERSONAL Provision of instructional services or facilities, including photography, fine
IMPROVEMENT arts, crafts, dance or music studios, driving schools, riding academies,
business and trade schools, and diet centers, reducing salons, and fitness
studios.
PERSONAL SERVICES Any enterprise conducted for gain which primarily offers services to the
general public such as shoe repair, watch repair, barbershops, beauty
parlors, massage therapy, and similar activities.
PERSONAL WIRELESS Facilities necessary for the provision of personal wireless services (i.e.,
FACILITIES towers, support buildings, etc.).
PERSONAL WIRELESS Facilities necessary for the provision of personal wireless services (i.e.,
FACILITIES (within antennas)that are located within a building or on a building and screened
enclosed building) from view.
PERSONAL WIRELESS Commercial wireless telecommunication services including cellular,
SERVICES personal communication services(PCS), specialized mobilized radio
(SMR), enhanced specialized mobilized radio (ESMR), paging, and similar
services that are marketed to the general public.
PHOTOGRAPHIC STUDIO An establishment for taking or developing photographs on site for a fee
or compensation.
PLANNED UNIT A development designed to incorporate a variety of lot sizes and created
DEVELOPMENT to accommodate a wide range of income levels and planned to be
developed as a unit under single ownership or control which may include
residential,commercial, or office uses or any combination thereof.
PORTABLE CLASSROOM A detached mobile unit not intended for occupancy as a dwelling unit
designed to be transported after fabrication on its own wheels,flatbed
trailer or detached wheels. Use is only for classroom space associated
with an approved school building. Portable classrooms shall comply with
the performance standards for an accessory building as specified in
subsection 8-3-5A of this title.
PRINCIPAL BUSINESS The business activity carried out by a person or entity at a specific
location that is not an "accessory use".The term "accessory use" as used
herein shall be defined as set forth in this section.
PRINTING AND/OR An establishment providing printing, blueprinting, photocopying,graphic
BLUEPRINTING design, engraving, binding, or related services.
PRIVATE ROAD A road, street, alley, or bridge that is not laid out or established by the
state of Idaho or a subdivision of the state or dedicated to the state or a
subdivision of the state and accepted by such entity or used by the public
for a period of not less than five (5)years and worked and kept up by, at
the expense of,the public during that period of time.
PROFESSIONAL The use of offices and related spaces for such professional services as are
ACTIVITIES provided by medical practitioners, lawyers, architects, engineers and
similar professions.
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PUBLIC SERVICE The erection, construction, alteration, operation or maintenance of
FACILITY buildings, power plants or substations, water treatment plants or
pumping stations, sewage disposal or pumping plants and other similar
public services structures by a public utility, by a railroad whether publicly
owned or privately owned, or by a municipal or other governmental
agency, including the furnishing of electrical,gas, rail transport,
communication, public water and sewage services.
PUBLIC UTILITY YARD A yard where facilities such as utility shops, garages, or storage areas are
located that are owned and operated by a public utility.
PUBLIC USES Public parks, schools, administrative and cultural buildings and structures,
not including public land or buildings devoted solely to the storage and
maintenance of equipment and materials and public service facilities.
QUASI-PUBLIC USE Churches, Sunday schools, parochial schools, colleges, hospitals and other
facilities of an educational, religious, charitable, philanthropic or
nonprofit nature.
RECYCLING OPERATION A lot or parcel of land, with or without buildings, upon which used
materials are separated and processed for shipment for eventual reuse in
new products.
RENDERING PLANT A factory or plant that renders and processes livestock carcasses into
tallow, hides, fertilizer, etc.
RESEARCH ACTIVITIES Research, development and testing related to such fields as chemical,
pharmaceutical, medical, electrical,transportation and engineering.
RESTAURANT Any land, building or part thereof, other than a boarding house,where
meals are provided for compensation, including, among others, such uses
as cafe, cafeteria, coffee shop, lunchroom, tearoom, and dining room.
Bars and microbreweries are allowed within restaurants, whether
operated by the restaurateur or by a separate entity, and shall be allowed
under the same use classification as the restaurant when operated within
a restaurant.
RESTAURANT, DRIVE-IN A restaurant which primarily serves patrons in vehicles parked outside the
principal building. Patrons are served at the vehicle and these facilities
typically have no indoor seating.This use does not include restaurants
with drive-up window service.
RESTAURANT WITH A restaurant,typically with indoor seating, which includes drive-up
DRIVE-THROUGH window service for ordering food to go.
RETAIL SALES A. General:The retail sale of merchandise not specifically listed under
another use classification.This classification includes department stores,
clothing stores,video stores, and furniture stores, and businesses
retailing the following goods: toys, hobby materials, handcrafted items,
jewelry, cameras, photographic supplies, electronic equipment, records,
sporting goods, kitchen utensils, hardware, appliances, art antiques, art
supplies and services, paint and wallpaper, carpeting and floor coverings,
office supplies, bicycles, and new automotive parts and accessories
(excluding services and installation).
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B. Limited: Excludes furniture, hardware, paint and wallpaper, carpeting
and floorcovering, new automotive parts and accessories and similar
uses.
C. Pharmacies And Medical: Establishments primarily selling prescription
drugs, and medical supplies and equipment.
RIDING Establishments offering facilities for instruction in horseback riding,
ACADEMIES/STABLES including rings, stables, and exercise areas, and facilities for the care and
exercise of horses and related equestrian activities.
RIGHT OF WAY A strip of land taken or dedicated for use as a public way. In addition to
the roadway, it normally incorporates the curbs, lawn strips, sidewalks,
lighting and drainage facilities, and may include special features(required
by topography or treatment) such as grade separation, landscaped area,
viaducts and bridges.
ROADSIDE STAND A temporary structure designed or used for the display or sale of
agricultural and related products, the majority of which have been grown
on adjacent land.
ROOF MOUNTED All equipment mounted above the roof plane of a building, including, but
MECHANICALS not limited to, heating and air conditioning equipment, antennas, satellite
dishes, and other equipment necessary to establish a controlled interior
environment. All roof mounted mechanicals shall be screened from view.
SAND OR GRAVEL YARD An area that is being used for the purpose of removing the sand or gravel
from the land for wholesale or retail use; excavating and removing rock,
stone, ore, soil,gravel, sand, minerals, and similar materials from the
surface and/or subsurface for profit. Extractive industries are quarries,
sand and gravel pits, mines, and soil removal operations.They are
intensive operations that may generate large amounts of truck traffic,
noise (including blasting), and dust. Much of the activity may result in
odors from asphalt plants, noise and dust from sifters, crushers, and
loading and unloading trucks, as well as runoff from washing material and
cleaning operations and water sprayed to keep dust down.
SANITARY LANDFILL A disposal site in which refuse and earth, or other suitable cover material,
are deposited and compacted in alternating layers of specified depth in
accordance with an approved plan.
SCHOOLS, PUBLIC OR An institution of learning that offers academic instruction in the courses
PRIVATE that are required by the state of Idaho to be taught in public schools.
"School" includes kindergarten, elementary, middle, junior high, and
senior high. Privately funded schools whose curriculum meets the state of
Idaho standards shall be included in this definition. Educational
schools of the state of Idaho.
SEAT For purposes of determining the number of off street parking spaces for
certain uses, the number of seats is the number of seating units installed
or indicated on each twenty four(24) linear inches of benches, pews or
space for loose chairs. A row of benches, pews or loose chairs for every
five feet(5') of seating area shall be considered for determining total
possible number of rows.
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SETBACK LINE A line established by this title, generally parallel with and measured from
the lot line (except for front setback), defining the limits of a yard in
which no building or structure may be located aboveground except as
may be provided herein.
SHOPPING CENTER A group of commercial establishments, planned, developed, owned
and/or managed as a unit related in location, size and type of shops to
the trade area the unit serves. Shopping centers shall provide services for
a neighborhood or for the community. Neighborhood centers will
typically be comprised of between thirty thousand (30,000)to one
hundred thousand (100,000) square feet of gross leasable floor area and
community centers will typically be comprised of between one hundred
thousand (100,000) to four hundred fifty thousand (450,000) square feet
of gross leasable floor area.
SHOPPING MALL A regional shopping facility comprised of many separate shops typically
with two (2)or more major anchors(usually full line department stores)
with shops/major anchors accessed mostly by indoor halls/walking areas.
Outdoor access may be provided for open air shopping malls. A shopping
mall shall provide services for a regional area, as well as the community,
and will typically be comprised of between four hundred fifty thousand
(450,000)to eight hundred fifty thousand (850,000) square feet of gross
leasable floor area.
SIDEWALK The portion of the road right of way outside the roadway which is
improved for the use of pedestrian traffic.
SIGN A.Any device designed to inform or attract the attention of persons not
on the premises on which the sign is located.
B.Any identification, description, illustration, symbol, statue or device,
illuminated or nonilluminated, which is visible from any public place
designed to advertise, identify or convey information, including any
landscaping where letters or numbers are used for the purpose of
directing the public's attention to a product or location, with the
exception of window displays and state or national flags.
1. Illuminated Sign: Any sign illuminated by electricity,gas or other
artificial light including reflecting or phosphorescent light.
2. Lighting Device Sign:Any light, string of lights or group of lights located
or arranged so as to cast illumination on the sign.
3. Off Premises Sign: Any sign unrelated to a business or profession
conducted, or to a commodity or service sold or offered, upon the
premises where such sign is located.
4. On Premises Sign: Any sign related to a business or profession
conducted, or a commodity or service sold or offered, upon the premises
where such sign is located.
5. Projecting Sign: Any sign which projects from the exterior of a building.
SMALL ENGINE REPAIR An establishment for repair and maintenance of small engines and
(MOWER, CHAINSAWS, equipment such as lawnmowers, snowblowers, chain saws, and the like.
ETC.) This does not include any type of automotive or vehicular
engine/equipment repair.
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STOCKYARD, An establishment maintained for the use of slaughtering or maintaining
SLAUGHTERHOUSE, stock or preparing or processing of products for human consumption in
MEATPACKING order to prepare for sale to outlets.
STORAGE (ENCLOSED An enclosed building or group of buildings containing separate, individual,
BUILDING) secured, and private storage spaces of varying sizes available for lease or
rent for varying periods of time.
STORAGE (FENCED The keeping, in an unenclosed area, of any goods, junk, material, or
AREA) merchandise in the same place for more than twenty-four(24) hours.
STORY That part of a building between the surface of a floor and the ceiling
immediately above it.
STORM DRAIN FACILITY Facilities by which stormwater is collected and conveyed, including, but
not limited to, any roads with drainage systems, streets,gutters, curbs,
catch basins, inlets, piped storm drains, pumping facilities, retention and
detention basins, and natural and humanmade or altered drainage
ditches/channels/lakes/reservoirs, and other drainage structures.
STREET A right of way which provides vehicular and pedestrian access to adjacent
properties, the dedication of which has been officially accepted.The term
"street" also includes the terms highway,thoroughfare, parkway, road,
avenue, boulevard, lane, place or other such terms.
Access Street: A minor street which has the primary purpose of providing
access to abutting properties.
Alley: A minor street providing secondary access at the back or side of a
property otherwise abutting a street.
Arterial Street: Provides access from one part of the community to
another and also provides for the movement of vehicles through the
community.
Collector Street: Accommodates circulation within and between
neighborhoods.
Private Street: A street that is not accepted for public use or maintenance
which provides vehicular and pedestrian access.
STREET FAIR Provision of games, eating and drinking facilities, live entertainment, or
similar activities not requiring the use of roofed structures for a maximum
period of seven (7) days.This classification includes block parties.
STRUCTURE Anything constructed or erected, the use of which requires location on
the ground or attachment to something having a fixed location on the
ground. Among other things, structures include buildings, mobile homes,
walls, fences and billboards.
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SURETY An amount of money or other negotiable security paid by the developer
or his agent to the city clerk, which guarantees that the developer will
perform all actions required by the governing body regarding an
approved plat, and provides that if the developer defaults and fails to
comply with the provisions of an approved plat,the developer or his
agent will pay damages up to the limit of the surety, or the financial
instrument will itself complete the requirements of the approved plat.
TERMINAL YARD, The use of a site where freight brought by truck or rail is transferred.The
TRUCKING use may include the storage or repair of trucks or railcars.The use
excludes the long term or permanent storage of freight.
TOWER Any ground or roof mounted pole, spire, similar structure, or combination
thereof, with a "height", as defined in this section, in excess of fifteen feet
(15'), including supporting lines, cables, wires, braces, and masts,
intended primarily for the purpose of mounting an antenna,
meteorological device, or similar apparatus above grade.
TRADE FAIRS Display and sale of goods or equipment related to a specific trade or
industry for a maximum period of seven (7)days.
TRAVEL SERVICES Establishments providing travel information and travel reservations to
individuals and businesses.This classification excludes car rental agencies,
and reservation services that do not make travel arrangements as a
primary function of their operation.
TRUCK AND EQUIPMENT The sale of vehicles primarily designed to carry cargo and material. Truck
REPAIR AND SALES sales often involve the assembly of chassis and cabs.
(HEAVY)
TRUCK STOP, SERVICE A filling station or business enterprise using the premises primarily to sell
STATION and supply motor fuel, lubricating oils and greases to on premises trade
including large trucks as well as automobiles, including sale of tires,
batteries, accessories and related services. Major and minor motor
vehicle repairs, as well as special services to operators and drivers of
trucks operating on an interstate basis provided.
TURF AND/OR TREE A property for agricultural use that is five (5) acres in size or greater, and
FARM is used for the purpose of growing turf and/or trees.
UPHOLSTERY SHOP An establishment which sells upholstery or offers reupholstering services
on site.
USE The specific purposes for which land or a building is designated, arranged,
intended or for which it is or may be occupied or maintained.
VARIANCE A modification of the bulk and placement requirements of this title as to
lot size, lot coverage, width, depth, front yard, side yard, rear yard,
setbacks, parking space, height of buildings or other provisions of this title
affecting the size or shape of a structure or the placement of the
structure upon lots, or the size of lots. A variance shall not be considered
a right or special privilege, but may be granted to an applicant only upon
a showing of undue hardship because of the characteristics of the site
and that the variance is not in conflict with the public interest.
Definition same as Idaho Code 67-6516
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VETERINARY ANIMAL A place used for the care, grooming, diagnosis and treatment of sick,
HOSPITAL OR CLINIC ailing, infirm or injured animals, and those who are in need of medical or
surgical attention and may include overnight accommodations on the
premises for the treatment, observation and/or recuperation. It may also
include boarding that is incidental to the primary activity.
VICINITY MAP A drawing which sets forth by dimensions or other means the relationship
of the proposed developments to other nearby developments or
landmarks and community facilities and services within the general area
in order to better locate and orient the area in question.
VINEYARD A property in agriculture that is five (5) acres in size or greater, used for
the purpose of growing and cultivating grapevines.
WALKWAY A public way,four feet (4') or more in width, for pedestrian use only,
whether or not along the side of a road.
WALL A continuous structure designed to enclose an area to be the surrounding
exterior of a building.
WAREHOUSING AND A. Limited: Provision of storage space for household or commercial goods
STORAGE within an enclosed building without direct public access to individual
storage spaces.This classification includes facilities with a maximum of
five thousand (5,000) square feet of gross floor area, but excludes
wholesaling, distribution and storage, ministorage and vehicle storage.
B. Ministorage: Provision of storage space for household or commercial
goods within an enclosed building with direct public access to individual
storage spaces. May include vehicle storage to a maximum of twenty
percent (20%) of the site. Where greater than twenty percent(20%) of
the site is allocated to vehicle storage,the vehicle storage must be
treated as a separate use.
WHOLESALING, Wholesaling and storage of commercial goods and supplies within an
COMMERCIAL enclosed building.
WHOLESALING, Storage and distribution facilities not including retail sales having
DISTRIBUTION AND five or fewer trucks at any one time.
STORAGE
WHOLESALING, Wholesaling, distribution, and storage having a maximum gross floor area
DISTRIBUTION, AND of 5,000 square feet and using a maximum of two commercial vehicles.
STORAGE, SMALL-SCALE
WINERY An establishment for the manufacture or bottling of wine. A winery may
include, but is not limited to,the following: a tasting room, barrel rooms,
bottling rooms,tank rooms, laboratories, sale of wine, processing
structure, and offices.
WINE TASTING A structure or building wherein the tasting, sampling, display and/or sales
ESTABLISHMENT of wine and/or beer takes place.
pg. 27
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WOODWORKING SHOP A carpentry establishment where wood is modified and/or wood
products are sold.
WHOLESALING Storage and distribution facilities without direct public access.
DISTRIBUTION AND
STORAGE
YARD A required open space, other than a court, unoccupied and unobstructed
by any structure or portion of a structure from three feet(3') above the
general ground level of the graded lot upward; provided, accessories,
ornaments and furniture may be permitted in any yard, subject to height
limitations and requirements limiting obstruction of visibility.
Front Yard: A yard extending between the side lot lines across the front of
a lot and from the front lot line to the front of the principal building.
Interior Side Yard: A yard extending from the principal building to the side
lot line on both sides of the principal building between the lines
establishing the front and rear yards.
Rear Yard: A yard extending between side lot lines across the rear of a lot
and from the rear lot line to the rear of the principal building.
Street Side Yard: A yard extending from the principal building to the
secondary street that adjoins the lot between the lines establishing the
front and rear yards.
ZONING PERMIT A document issued by the administrator authorizing the uses of land and
structures, and the characteristics of the uses
Section 2: Eagle City Code Title 8 "Zoning", Chapter 2, "Zoning Districts and Map",
Section 3 "Schedule of District Use Regulations" is hereby amended with the underlined text to
be added and strike through text to be deleted to read as follows:
CHAPTER 2
ZONING DISTRICTS AND MAP
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)
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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)
LAND USES DISTRICTS
L-
A A- R- R 0 C- C- C- C- CBD M- BP M- M- PS MU
R E A 1 2 3 1 2 3
AGRICULTURAL
Agricultural and forest P
Dairy farm C
Farm P P
Farmer's markets P P P P
(outdoor)
Feedlot and stockyard .C C
Horticulture (general) P P P P P P P
Horticulture (limited) P P P PP PP P
Roadside stand (temporary
structure) P P P P P P P P P
Turf and/or tree farm P C
pg. 29
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LAND USES DISTRICTS
L-
A A- R- R 0 C- C- C- C- 'CBD M- BP M- M- PS MU
R E A 1 2 3 1 2 3
Vineyard P -C
RESIDENTIAL
Apartment CC C C
Boarding or lodging house
or dormitory CC C C
Home occupation PP P PP P P
Mobile home (single unit)
(primary residence) C C
Mobile home (single unit)
(temporary living CC C C C
quarters)
Mobile home court (RV) C C C
Mobile home park
Multi-family dwelling PC C C C
Planned unit development C C CC C C C C C C C C
New Single-family PP P PC C C C
dwelling
Existing Single Family P P P P C C P C
Dwelling — — —
Two-family dwelling PC C C C
COMMERCIAL
Adult business C
pg. 30
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LAND USES DISTRICTS
L-
A A- R- R 0 C- C- C- C- CBD M- BP M- M- PS MU
R E A 1 2 3 1 2 3
Airport P
Ambulance services C P C C C
Animal shows or sales P C C P P C P C
Artist studios P P P P
Arts and crafts shows C P P P C
Auction facility C C P C P
Automotive body shop P P P C P
Automotive gas station
or fuel islands C P P
Automotive gas station/
service shop P P
Automotive, mobile home,
travel trailer, and/or
farm implement sales ;C P P C P
Automotive repair P P P C
Automotive storage C P
Automotive washing C P P P C C
facility
Bakery plant (wholesale) P C P
Banks/financial
institutions (no drive
up service) P PP P P
Banks/financial
institutions (with
drive up service) C P C C P
Bar C C C C._
Beauty/barber shop C 'C C P P P P P P
Bed and breakfast facility C C C C C C C
Building supply outlet C C P C P
pg. 31
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LAND USES DISTRICTS
L-
A A- R- R 0 C- C- C- C- CBD M- BP M- M- PS MU
R E A 1 2 3 1 2 3
Cabinet shop P P P C P C
Catering service P P P P
Cemetery C C C C C C C C C C C
Childcare (see next three
classifications):
Daycare center C C C C C C C C C C --
Family P P P P C C P P
Group C C C C C C C C C _ C
Christmas tree sales P P P P P P P P P P
Church C C C C P P P P P_ P
Circuses and carnivals C P P P C
Clinic P P P P
Club or lodge P PP P P
Coffee Roasting Facility C C C CC C C
Commercial entertainment
facilities (indoor) C C P P P C e
Commercial entertainment
facilities (outdoor) C C PP P C
Communication facilities 'C C P P P P P C
Contractors Yard And/Or C C C C C
Shop
Convenience store with
fuel service C P P
Convenience store with no
fuel service C C C C P P P P P
pg. 32
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LAND USES DISTRICTS
A A- R- R 0 C- C- C- C- CBD M- BP M- M- PS MU
R E A 1 2 3 1 2 3
Detention facilities C
Drive in theater C C C C C
Drugstore C C P P P P
Electronic sales, service,
or repair shop P P P P P P
Emergency health care C P C C C P
Emergency services C C C C P P P P P P P P P P
Equipment rental and
sales yard C C P C C C
Flex space P P_ PP p
Food and
beverage sales C P P P P P
Hardware store PP P P_ P
Health clubs, spas, weight
reduction salons C P P P P P
Heliports g
C
Home and business
services P P P P P P P
Hospital C C P P C C C
Hotel PP P C
Institution C C
Kennel C C C C C C C C C
Laboratories P P P P P. P C
Laundromat C P P P P P C
Laundry (with drive
up service) C P 'P P C
Laundry (with no
drive up service) C P P P P P
Live entertainment events C C C P C P C
pg. 33
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LAND USES DISTRICTS
L-
A A- R- R 0 C- C- C- C- CBD M- BP M- M- PS MU
R E A 1 2 3 1 2 3
Massage spa C C C C C C
Microbrewery C C C C
Mobile office C C C C C C C C
Mortuary C C C C
Motel P P P C
Nonprofit rehabilitation
center C C
Nursery,plant materials P C C C P P P P P P C ,;
Nursing/convalescent C C C C CC C C
home
Office, business and
professional P P P P P C P
Parking lot, parking P PP C P P P P P
garage
Parking lot, parking
garage, C P P P C P C C
commercial
Pawnshops (auto) C C
Pawnshops (general) C C
Personal improvement P P P P P P
Personal services P P P P P P -
Personal wireless facilities
(height-35 feet or less) C C P P P P P P P P P P P P
Personal wireless facilities
(height-over 35 feet) CC C C C C C C C C C C
Personal wireless facilities P P P P P P P P P P P P P P P P
(enclosed building, height-
35 feet or less)
Personal wireless facilities C C C C C C C C :C C C C C C C C
pg. 34
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LAND USES DISTRICTS
L-
A A- R- R 0 C- C- C- C- CBD M- BP M- 'M- PS MU
R E A 1 2 3 1 2 3
(enclosed building, height-
over 35 feet)
Photographic studio P P P P P P
Printing and/or
blueprinting P P P P P P P
Professional activities
P P P P P P P
Restaurant (drive in) P P
Restaurant (no drive thru) C C P P P P P
Restaurant (with drive P P C
thru)
Retail sales (general) C G P P P C
P
Retail sales (limited) P P P P P C
Retail sales (pharmacies
and medical) C P P P P P
Riding academies/stables P C C C
Shop, contractors (and/or
yard) "C P— P— P
Shopping..center C C C P C
Shopping mall C C P
Sign shop, including
painting P P P C P C
Small engine repair
(mower, chainsaws, etc.) C P P P C C
Storage (enclosed P P P P C P P P C
building) ,
Storage (fenced area) C C C C C C C P P C
Street fair P P P P
Subdivision Sales Office P P P
pg. 35
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LAND USES DISTRICTS
L-
A A- R- R 0 C- C- C- C- CBD M- BP M- M- PS MU^'
R E A 1 2 3 1 2 3
Tire shop, including
recapping P P P C
Trade fair P P C
Travel services P P P P P P
Truck stop C 1 C C
C
Upholstery shop P P P P C C. C
Vet clinic (animal CC C P PP P P
hospital)
Welding,tool shop C P P C P
Winery C C C C
Woodworking shop P P P P C P C
INDUSTRIAL
plant P P
Automotive wrecking yard
or salvage C C
Beverage bottling plant C C P
Billboard manufacture C C P
Cement or clay products
manufacturing p P
Chemical storage and
manufacturing C
Concrete batch plant P P
Dairy products processing C P C P P
Food processing plant C P
Fuel yard p
Grain storage C P
Ice manufacture, cold
storage C C P
Industry
pg. 36
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LAND USES DISTRICTS
L-
A A- R- R 0 C- C- C- C- '.CBD M- BP M- M- PS MU
R E A 1 2 3 1 2 3
Custom P P P C
Limited P P P C
Research and i
development P C
Junkyard C C
Lumberyard, retail C P
Machine shop P P P C P
Manufacturing, furniture P C P
Mobile home P
manufacturing
Monument works, stone C C P
Petroleum storage C C
Planing mill P
Public utility yard C C C P
Railroad yard or shop C C P
Recycling operation C
Rendering plant C
Research activities P C
Sand or gravel yard C P
Sanitary landfill C C
Stockyard, slaughterhouse;
meatpacking C
Terminal yard, trucking C P
Truck and equipment
repair and sales (heavy) C C C C P
Warehousing, wholesaling
plant P C P
Wood processing plant P
PUBLIC/SEMIPUBLIC
Golf course and related
services C C C C C P P P P P C
pg. 37
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LAND USES DISTRICTS
L-
A A- R- R 0 C- C- C- C- CBD M- BP M- M- PS MU
R E A 1 2 3 1 2 3
Government building,
offices P P P P P P P P P
Library C C P P P P P C
Museum CC P P P P__ P C
Park and recreation
facilities C C C C C C C P P C
Portable classroom P
Public service facilities CC C CC C C C C C C CC CC C
School, public or private C C C CC C CC C P C
Section 3: 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 to be added and strike through text to be deleted to read as follows:
pg. 38
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8-2-4:SCHEDULE OF BUILDING HEIGHT AND LOT AREA REGULATIONS:
OFFICIAL HEIGHT AND AREA REGULATIONS
Minimum Yard Setbacks
Note Conditions A To E*
Minimum
Lot Area
Maximum (Acres Or Minimum
Zoning Maximum Front Rear Interior Street Lot Covered Square Lot
District Height Side Side F And J* Feet) H* Width I* 1
R-E 35' 50' 30' 20' 35' 10% 15% 1.8 acres 100'
Section 4: Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts and Map", Article
A "Design Review Overlay District", Section 7 "Landscape and Buffer Area Requirements",
Paragraph C "Existing Vegetation" is hereby amended with the underlined text to be added and
strike through text to be deleted to read as follows:
ARTICLE A. DESIGN REVIEW OVERLAY DISTRICT
8-2A-7: LANDSCAPE AND BUFFER AREA REQUIREMENTS:
C. Existing Vegetation:
1. Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in
writing by the city. Where trees are approved by the city to be removed from the project site (or
from abutting right of way) replacement with an acceptable species is required as follows:
Existing Tree Replacement
1 inch to 6 inches caliper 2x caliper of tree removed
61/4 inches to 12 inches 1.5x caliper of tree removed
121/4 inches or more lx caliper of tree removed
Removal of the following trees shall not require replacement: Black Locust, Poplar, Cottonwood,
Willow, Tree of Heaven, Elm, and Silver Maple. Trees which are weak wooded, weak branched,
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suckering, damaged, diseased, insect infested, or containing similar maladies may be exempt
from replacement if removal is first approved by the City.
In all cases, planting within public rights of way shall be with approval from the public and/or
private entities owning the property.
Example: An eight inch (8") caliper tree is removed, an acceptable replacement would be three
(3) 4-inch caliper trees or four (4) 3-inch caliper trees.
2. 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 Cl
of this section.
3. 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.
4. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the
minimum required landscaping.
Section 5: Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts and Map", Article
A"Design Review Overlay District", Section 7 "Landscape and Buffer Area Requirements",
Paragraph E "Installation and Minimum Standards" is hereby amended with the underlined text
to be added and strike through text to be deleted to read as follows:
8-2A-7: LANDSCAPE AND BUFFER AREA REQUIREMENTS:
E. Installation And Minimum Standards:
1. Trees shall be planted in accordance with the city of Eagle tree planting specifications
included as an exhibit within the EASD book. Accepted nursery standards and practices shall be
followed in the planting and maintenance of landscaped areas.
2. Soil and slope stabilization must result after landscape installation.
3. Root barriers shall be installed for all new trees planted adjacent to existing or proposed public
or private sidewalks and paving.
4. The minimum acceptable size for deciduous trees shall be three two inch (3-2") caliper, balled
and burlapped.
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5. The minimum acceptable size for evergreen trees shall be six feet to seven feet (6'-7') balled
and burlapped.
6. Plant material selection shall be taken from subsection Q of this section.
7. All landscaped areas adjacent to vehicular areas are to be protected with an approved curbing
material.
8. a. Certification Of Completion: Upon the completion of the landscape installation, or other
improvement subject to design review approval, a written certification of completion shall be
prepared by the licensed landscape architect responsible for the landscape plan. The certification
of completion shall state that the installation of all landscape improvements is in substantial
compliance with the city approved landscape plan. This certification shall be submitted prior to
the issuance of a certificate of occupancy and is required as a part of, and not in lieu of, the
inspections performed and certificates issued by the city.
b. Report Of Deficiencies: In the event that deficiencies are present after the landscape
installation, or other improvements subject to design review approval, the licensed landscape
architect shall prepare and file with the city a report noting the deficiencies in the improvements.
The city will not accept a certification of completion, or issue a certificate of occupancy, until the
licensed landscape architect has verified that the deficiencies have been corrected.
c. Landscape Architect Designee: The licensed landscape architect may, at his or her discretion,
appoint an authorized designee to certify the project provided that the designee is a licensed
landscape architect.
Section 6: Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts and Map", Article
A "Design Review Overlay District", Section 7 "Landscape and Buffer Area Requirements",
Paragraph M "Parkway Strips, Separated Sidewalks, And Street Trees" is hereby amended with
the underlined text to be added and strike through text to be deleted to read as follows:
8-2A-7: LANDSCAPE AND BUFFER AREA REQUIREMENTS:
M. Parkway Strips, Separated Sidewalks, And Street Trees:
1. Except as may otherwise be required within the DDA, TDA, CEDA, and DSDA sidewalks
shall be separated from the curb along all streets. Meandering sSidewalks shall be required when
space permits. An average five eight foot (8'5') wide minimum parkway planter strip planted
with shade class (class II or class III) trees shall be required between the sidewalk and street to
provide a canopy effect over streets.
2. In all required applications, excluding residential developments, one street tree, selected from
the approved tree list in subsection Q of this section, shall be planted per thirty five (35) linear
feet of street frontage.
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3. Within residential developments one shade class (class II or class III) tree selected from the
approved tree list in subsection Q of this section shall be located on both sides of all streets
within the fie eight foot (8' 51) wide landscape strip between the sidewalk and the curb. Trees
shall be planted at the front of each lot generally located on each side lot line corner with the
distance between trees to be a minimum of thirty five feet (35') and a maximum of eighty feet
(80') of street frontage.
4. In all cases, any planting within public rights of way shall be with approval from the public
and/or private entities owning the property.
Section 7: Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts and Map", Article
A "Design Review Overlay District", Section 8 "Sign Regulations", Paragraph C "Provisions
And Requirements", Subsection 12 "Permitted Temporary Signs", Item c "Real Estate Signs"
and Subsection 13 "Sign Illumination" is hereby amended with the underlined text to be added
and strike through text to be deleted to read as follows:
8-2A-8: SIGN REGULATIONS:
C. Provisions And Requirements:
12. Permitted Temporary Signs: Written city approval shall not be required for the temporary
signs as described and regulated within this subsection. Additionally, signs listed under
"prohibited signs" of this article are also prohibited as temporary signs.
c. Real Estate Signs: One "For Sale", "For Rent", or "For Lease" signs shall be allowed for
properties, businesses and residences provided such sign does not exceed six (6) square feet in
residential zones, and sixteen (16) square feet in all other zones, except that thirty two (32)
square feet may be permitted along state highways. Said signs shall be located entirely within the
property that is for sale, and shall be removed immediately after the close of the escrow, or the
rental or lease has been accomplished. Said signs shall only be permitted on the property where
the property, business or residence is located.
13. Sign Illumination:
a. The city must find that any illuminated sign permitted under the specific regulations within
this article is designed such that brightness levels are controlled to assure a soft, subtle effective
light in accordance with other city regulations intended to create and maintain the Eagle
architecture theme, while encouraging energy efficient lighting.
b. Illumination types, styles, and practices not listed herein shall be prohibited unless otherwise
deemed by the design review board and city council to be consistent with the Eagle architecture
theme.
c. Floodlighting is permitted only through the use of incandescent, LED and high pressure
sodium light sources.
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d. Exposed neon is permitted when used to create the sign letter(s) or as an architectural element
as part of the sign design. A clear covering may be permitted for protection of the neon element.
e. Halo illumination is permitted.
f. Metal halide is not permitted as a light source for signage.
g. All types of internal illumination is prohibited, except for automated signs and drive-
through/drive-up service menu board signs as regulated in this article.
Section 8: Eagle City Code Title 8 "Zoning", Chapter 3 "Performance Standards", Section 5
"Unique Land Uses", Paragraph A "Accessory Building", and Paragraph S "Personal Wireless
Facilities, Spires, Poles, Antennas, Steeples, Towers, And Other Such Structures", Subsection 2
"Towers In Zoning Districts", and Subsection 13 "Restricted Areas" are hereby amended with
the underlined text to be added and strike through text to be deleted to read as follows:
8-3-5: UNIQUE LAND USES:
Certain unique land uses pose special problems that may have detrimental influences on
surrounding land uses. The following performance standards for such unique land uses shall be
adhered to in addition to all other provisions of this title:
A. Accessory Building:
1. Will not be located in any required front or street side yard area;
2. Accessory buildings less than one hundred twenty (120)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')and less than seven feet (7') in height are permitted in any rear or interior side yard area;
and
3. Accessory buildings one hundred twenty (120)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').
S. Personal Wireless Facilities, Spires, Poles, Antennas, Steeples, Towers, And Other Such
Structures:
2. Towers In Zoning Districts:
a. Residential (R) Districts:
(1) On residentially zoned parcels, towers supporting amateur radio antennas shall not be
permitted in the front, side or street side yard.
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(2) Personal wireless facilities not contained within a building shall be prohibited in all
residential (R) zones.
b. PS (Public/Semipublic) District:
(1) Wireless antennas may be permitted to be attached to existing light standards and power line
support devices (or replacement equivalent of same height) provided, however, the antenna(s)
are either flush mounted or mounted in a manner that provide minimum visual impact.
Notwithstanding the foregoing, all provisions of this subsection S shall be applicable to wireless
antennas located on existing light standards and power line support devices. (Ord. 373, 12-12-
2000)
13. Restricted Areas:
a. • • . • • . - Personal Wireless Facilities in excess of thirty five feet (35') in
height and not contained within a building shall not be permitted within the "restricted area for
telecommunications towers" as shown on exhibit A located at the end of this section.
b. Telecommunications towers Personal Wireless Facilities shall be encouraged to be located
within the areas noted as "Ada County/Eagle park", "fire department", "approved site", "Boise
sewer ponds and future park", "state park", "comp plan industrial", and "ACHD pond" all as
shown on the attached exhibit A located at the end of this section.
Section 9: Eagle City Code Title 8 "Zoning", Chapter 7 "Zoning Administration and
Enforcement" Section 8 "Notice Requirements", Paragraph B "Neighborhood Meetings" is
hereby amended with the underlined text to be added and strike through text to be deleted to read
as follows:
8-7-8: NOTICE REQUIREMENTS:
B. Neighborhood Meetings: Applicants shall conduct a neighborhood meeting for
comprehensive plan amendments, variances, conditional uses, zoning ordinance map
amendments, and subdivisions.
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 a three hundred foot (300') radius of the exterior boundary of the application
property, and to contiguous homeowners' associations and any neighborhood associations
deemed appropriate by the zoning administrator. Notice of a neighborhood meeting shall be in
addition to, and not in lieu of, mailed radius notices already required by this title, except when
notice of a neighborhood meeting is required of two hundred (200) or more property owners or
purchasers of record, alternate forms of notice may be provided as deemed appropriate by the
zoning administrator. The neighborhood meeting written notice shall be provided by mail a
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minimum of fifteen (15) calendar days prior to the scheduled neighborhood meeting. (Ord. 647,
11-23-2010)
b. The purpose of the neighborhood meeting shall be to is for the applicant to provide project
information to the property owners or purchasers of record mentioned in paragraph a above.
review the proposed project.
(1) Meetings shall be on a Saturday between ten o'clock (10:00) A.M. and seven o'clock (7:00)
P.M., or on a weekday between six o'clock (6:00) P.M. and eight o'clock (8:00) P.M. The
meeting shall not be on a holiday, a holiday weekend or the day before or after a holiday or
holiday weekend.
(2) The meeting shall be held either on the application property, at the nearest public meeting
place, or at an office space with suitable meeting facilities if such facilities are within the city of
Eagle area of impact boundary.
c. The neighborhood meeting shall be conducted prior to the submittal of the application,and net
more than six (6) months prior to the public hearing.
d. Application materials shall include a written verification of the neighborhood meeting and a
dated copy of notice provided to affected property owners.
Section10: Eagle City Code Title 8 "Zoning", Chapter 10 "Development Agreements"
Section 1 "Requirements and Restrictions", Paragraph J "Execution of Development Agreement"
is hereby added with the underlined text to be added to read as follows:
CHAPTER 10
DEVELOPMENT AGREEMENTS
8-10-1: REQUIREMENTS AND RESTRICTIONS:
J. Execution of Development Agreement: the property owner shall have one (1) year from the
date of approval by the City Council for the Mayor to execute the development agreement. If not
executed by the property owner within this timeframe the development agreement approval will
be considered void unless an extension of time is approved by the City Council.
Section 11: 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 12: 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.
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Section 13: 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 en day of //IV
2013.
CITY OF EAGLE, IDAHO
Ada County, Idaho
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O mes D. Reynolds ,
Mayor ss`'`� ? OF°p q •.
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ATTEST: c o.•eo��E�ok� %<
Sharon K. Bergmann °
City Clerk/Treasurer **• % ' '4`"Y.e44`
pg.46
k:\council\ordinances\ord 699 title 8 update.docx
SUMMARY OF
ORDINANCE NO. 699
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, RELATING TO
ZONING CODE AMENDMENTS OF TITLE 8 "ZONING", CHAPTER 1 "ZONING
INTERPRETATION AND DEFINITIONS", CHAPTER 2 "ZONING DISTRICTS AND
MAPS", CHAPTER 2A "DESIGN REVIEW OVERLAY DISTRICT", CHAPTER 3
"PERFORMANCE STANDARDS", CHAPTER 7 "ZONING ADMINISTRATION AND
ENFORCEMENT", AND CHAPTER 10 "DEVELOPMENT AGREEMENTS"; AND
PROVIDING AN EFFECTIVE DATE.
A summary of the principal provisions of Ordinance No. 699 of the City of Eagle, Ada
County, Idaho, adopted on WV) ti a 020/3 , is as follows:
Section 1: Amends Eagle City Code Title 8 "Zoning", Chapter 1, "Zoning
Interpretations and Definitions", and Section 2 "Rules and Definitions" as follows:
8-1-2: RULES AND DEFINITIONS: Establishes definitions relating to Eagle Zoning
Code.
Section 2: Amends Eagle City Code Title 8 "Zoning", Chapter 2, "Zoning Districts
and Map", and Section 2 "Rules and Definitions" as follows:
8-2-3: SCHEDULE OF DISTRICT USE REGULATIONS: Provides an Official
Schedule of District Regulations.
Section 3: Amends Eagle City Code Title 8 "Zoning", Chapter 2, "Zoning Districts
and Map", Section 4 "Schedule of Building Height and Lot Area Regulations" as follows:
8-2-4:SCHEDULE OF BUILDING HEIGHT AND LOT AREA REGULATIONS:
Provides an Official Schedule of Height and Area Regulations.
Section 4: Amends Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts
and Map", Article A "Design Review Overlay District", Section 7 "Landscape and Buffer Area
Requirements", Paragraph C "Existing Vegetation", Paragraph E "Installation and Minimum
Standards", and Paragraph M "Parkway Strips, Separated Sidewalks, And Street Trees" as
follows:
8-2A-7: LANDSCAPE AND BUFFER AREA REQUIREMENTS:
C. Existing Vegetation: Adds removal of trees not required to be replaced
E. Installation And Minimum Standards: Reduces the acceptable size for deciduous trees
to two inch (2")caliper, balled and burlapped.
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M. Parkway Strips, Separated Sidewalks, And Street Trees: Amends sidewalk and tree
requirements.
Section 7: Amends Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts
and Map", Article A "Design Review Overlay District", Section 8 "Sign Regulations",
Paragraph C "Provisions And Requirements", Subsection 12 "Permitted Temporary Signs", Item
c "Real Estate Signs" and Subsection 13 "Sign Illumination" as follows:
8-2A-8: SIGN REGULATIONS: Amends provisions for allowances of Real Estate
signs.
Section 8: Amends Eagle City Code Title 8 "Zoning", Chapter 3 "Performance
Standards", Section 5 "Unique Land Uses", Paragraph A "Accessory Building", and Paragraph S
"Personal Wireless Facilities, Spires, Poles, Antennas, Steeples, Towers, And Other Such
Structures", Subsection 2 "Towers In Zoning Districts", and Subsection 13 "Restricted Areas" as
follows:
8-3-5: UNIQUE LAND USES: Amends requirements for accessory buildings and
personal wireless facilities.
Section 9: Amends Eagle City Code Title 8 "Zoning", Chapter 7 "Zoning
Administration and Enforcement" Section 8 "Notice Requirements", Paragraph B
"Neighborhood Meetings" as follows:
8-7-8: NOTICE REQUIREMENTS: Amends requirements for neighborhood meetings.
Section10: Adds Paragraph J "Execution of Development Agreement" to Eagle City
Code Title 8 "Zoning", Chapter 10 "Development Agreements" Section 1 "Requirements and
Restrictions" as follows:
8-10-1: REQUIREMENTS AND RESTRICTIONS: Provides for a one (1) year
timeframe in which to execute the development agreement.
Section 11: States that 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 12: States that 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.
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Section 13: States that 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.
The full text of Ordinance No. 699 is available at City Hall and will be provided to any
citizen upon personal request during normal office hours.
DATED as of the 13 day of June, 2013.
CITY OF EAGLE
a County, Idaho
AA.s
B, : James D. Reyn. ds f ayor
AT EST: E?;G*F• •'•..
/ �: 004' �:* 1,1
By: ShA An K. Bergmann, GI, Cler tia•
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[ SEAL ] �'•*::::L***** /�
STATE O.;.•'*
CERTIFICATION OF CITY ATTORNEY
I, the undersigned City Attorney for and legal advisor to the City of Eagle, Idaho, hereby
certify that I have read the foregoing Summary of Ordinance No. 699 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 as of the day of June, 2013.
/ eD.
By: Cherese D. McLain, City A tor,
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